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HomeMy WebLinkAbout1980-05-06; City Council; Resolution 61701 2 3 4 5 6 7 e 9 ZC 11 12 12 14 1E 1E 17 1€ 15 2c 23 22 2: 24 2: 2E 27 2E RESOLUTION NO. 6170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LA COSTA LAND COMPANY FOR THE PAYMENT OF CONSULTANT COSTS INCURRED FROM SERVICES INCLUDING THE MONITORING AND PROCESSING OF AN AMENDMENT TO THE LA COSTA MASTER PLAN. The City Council of the City of Carlsbad, California, does iereby resolve as follows: 1. That certain agreement between the City of Carlsbad md La Costa Land Company for the payment of consultant costs incurred from services involving the monitoring and processing if the amendment to the La Costa Master Plan, a copy of which is attached hereto marked Exhibit "A" and made a part thereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby 3uthorized and directed to execute said agreement for and on Dehalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Zity Council of the City of Carlsbad, California, held on the 6th day of M~~ , 1980, by the following vote, to wit: AYES : Councilmen Packard, Anear, Lewis, Councilwomen Casler and NOES : None Kul chin ABSENT: None ATTEST : (SEAL) EXHIBIT AGREEMENT .. . THIS AGREEMENT is made this wy' day of fl#f .. f- e, t 1980, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and LA COSTA LAND COMPANY hereinafter referred to as APPLICANT. RECITALS WHEREAS, the Applicant has filed with City a request for approval of a proposed project identified as an amendment to . the La Costa Master Plan (MP-l49(E)) , and WHEREAS, City has determined that it's current staff is inadequate i.n number to process the proposed amendment to the La Costa Master Plan in a timely and thorough manner, and WHEREAS, City has determined that to proceed with the processing of the La Costa Master Plan Amendment it will be necessary to hire a consultant to aid staff with the monitor- ing and processing of such a Master Plan Amendment; and WHEREAS, Applicant in order to ensure the expeditious processing of the La Costa Master Plan desires to pay to City the amount necessary to hire consultant. NOW, THEREFORE, in consideration of the covenants and conditions, it is agreed as follows: 1. The City will engage the firm of The Planning Practice hereinafter referred to as the "Consultant" to perform EXHIBIT "A" I. . . . .. .. . .. . .- . . .. . h. , _- P the necessary work in the processing and monitoring _. . of the La Costa Master Plan Amendment for that area more particularly depicted upon a site map attached as Exhibit "1" and made a part of this agreement. 2. It is unders'tood that the Consultant services shall conform to the Proposal attached as Exhibit "2" and made a part of this agreement, and may require: (a) Field exploration; (b) Weekly communication with the city staff; (c) Written reports; and (a) Such other work necessary to properly evaluate the proposed project as directed by the Plan- ning Director 3. It is understood that the City will direct the Con- sultant to determine at the earliest feasible time those portions of the proposed La Costa Master Plan which are not in compliance with city ordinances or policy or good planning. The City will advise the Applicant in writing of the Consultant's conclusions within a reasonable time after City has received the Consul- tant's conclusions in writing. 4, The Applicant shall pay to the city the actual cost of the Consultant's services. Such cost shall be ba$ed on the costs set forth in Exhibit "2". The Applicant has advanced the sum of $10,000 as payment on account for the actual cost of the Consultant's -2- . I.^_- ... ... - . . -. . . .. . -.- _..-.... . services; in the event it appears, as the work pro- gresses, that said sum will not be sufficient to cover the actual cost, the city will notify the Applicant of the difference between the amount deposited and the new estimated cost. City will ensure, to the extent feas- ible, that no further work will be performed by the Consultant incurring an obligation beyond the amount _- . advanced without an appropriate amendment to this Agreement, If the actual cost of preparing the report is less thanathe Applicant's advance, any surplus will be refunded to Applicant by city. 5. It is understood that the Consultant shall be an independent contractor of the city. The Applicant agrees to permit the Consultant to enter upon his property and to perform all work thereon as the Consultant deems necessary to complete the Con- sultant's review of the proposed La Costa Master Plan. It is agreed that the Applicant will not interfere with the Consultant in the performance of such work or attempt to influence such Consul- tant during the course of his investigation and report . 6. It is understood that the City will attempt to bring Amendment to the La Costa Master Plan to Planning Commission hearing by August 27, 1980 barring no delays from the applicant. -3- IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. .- CITY OF CARLSBAD, a Municipal California . Corporation of the State of BY /Edb44A/J ' RONALD C. PACKARD, Mayor ATTEST: ALETHA L. FtA APPLICANT: APPROVED AS TO FORM: 'DANIEL S. HENTSCHKE Assistant City Attorney -4- -. -. -- .. I. , April4, 1980 Carlsbad Planning Department 1200 Elm Avenue Calsbad, CA 92008 Attn: Chafes D. Grim Dear Charlie: The Planning Practice is please6 to submit this proposal for planning services associated with the Frocessing of a major anendient to the La Costa Master Plan. ment, our initial discussions, and my understanding of the project. The proposal is based upon your request for proposal and draft agree- DUmES OF CONSULTLIT .Per the request for proposal, the Planning Practice will be responsible for the following tasks: 1. 2. 3. 4. . 5. 6. 7. 8. The consultant shall begin review of the Master Plan Amendment within two (2) weeks of contract execution. The consultant shall review the materials submitted by the applicant and analyze their compliance with applicable state and local law, and city ordinances and policies. - The consultant shall meet with the Planning Director or his desig- nated staff on a weekly basis or more frequently if required by the Planning Director after execution of the conkact. The consultant shall meet with the various city departme that said Master €'plan Amendment complies fully with city policy. Based on the materials presented by the applicant, city sMf input, and city ordinances and policies, the consultant shall draft a staff report for the Planning Commission and City Council including a discussion or' the major issues and a recommendation. The consultant shall be responsible for analyzing the Economic Impact Report which is a part of the Master Plan Amendment. The consultant shall attend both the Planning Cormission and City Council public hearings on the La Costa Master Pian Amendment (maxi- mum of four public hearings) and shall provide input or answer questions if necessary. The consultant shall prepare the final approval by the City Council. Master Plan Amendment after - - ,r, - I. La Costa Proposal April 4, 1980 Page 2 ROLE OF TKE CONSULTANT e. In all of the above described tasks, the Planning Practice will perform as a representative of the City, under the direction of the City Planning Director. At no time during the performance of these tasks will the consultant knowingly . . perform any work for payment for anyone with a financial interest in any or all of the rea1 property to be include6 within the proposed Naster Plan Amend- ment . During the above described tasks to be performed by the consultant, the City shall provide the following: 2. The City will &e available to the consultant any document, studies, ~ or other information in its possession related to the proposed project. The City shall provide the consultant with copies of all mitten communication between the applicznl and the City, and other parties and the City concerning the proposed >laster Plan Amendment. City staff will meet with the consultant on a -weekly basis or as directed by the Planning Director. reasonable access to the various stafI" nembec-s during the consul- tant's preliminary analysis of the proposed Easter Plan Amendment. The City will review the consultant's preliminary analyses of the proposed Plaster Plan Amendment and Economic Inpact Report and respond in writing to the consultant within two (2) weeks of their receipt. 2. 3. - The City shall also assure . 4. -TIME SCI" The Planning Practice shall be responsible for meeting the following time schedule : 1. A preliminary analysis of the Piaster Plan Amendment text and related environmen"KL hformation will be submitted to the Planning Director within three (3) weeks of the consultant's receipt of such text. A preliminary analysis of the Economic Impact Report shall be completed within tMo (2) weeks of the consultant's receipt of such report. combined tine to complete this analysis and the analysis outlined in #1 above shall not exceed five (5) weeks total. 2. The 3. Coordination of City departmental review, final analysis of the full Master Plan package as submitted by the applicant, and a final staff report will be completed within thirty (30) days of the consultant's receipt of the City's comments on the preliminary analyses. -_ _. - - -i 1 i .. I ,-$* I A" La costa Proposal Page 3 April 4, 1980 REXUNEEIATIOIN The Planning Practice shall perform the above described tasks on a time and materials basis at the following rates: . . 1. Time (includes normal overhead such as telephone calls and mileage) at $jO,OO per hour. ~JXI printing) at actual costs plus I%. 2. Materials (includes extraordinary expenses such as out-of -area travel An initial retainer of $2,000.00 would be payable concurrent with signing of the contract. The remaining billings will be paid within fifteen (15) days after receipt of &-invoice to be submitted on a monthly basis. This retainer will be credited to initial billings.