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Home My WebLink About1985-10-29; City Council; Resolution 82481 2 3 4 1c 11 12 12 14 1: IC 1: I.€ 1Z 2( 21 2; 21 24 2: 2( 2: 21 RESOLUTION NO. 8248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND HUNT PROPERTIES, INC., FOR THE PAYMENT OF CONSULTANT COSTS INCURRED FROM THE PROVISION OF AN AMENDED SUBSEQUENT EWIRONMENTAL IMPACT REPORT ON THE 1385 ACRE PACIFIC RIM COUNTRY CLUB RESORT MASTER PLAN. The City Council of the City of Carlsbad, California, does iereby resolve as follows: 1. That this certain agreement between the City of 2arlsbad and Hunt Properties, Inc., for the payment of consultant 2osts incurred from the provision of an amended subsequent Snvironmental Impact Report for the 1385 acre Pacific Rim Country 31ub Resort Master Plan, a copy of which is attached hereto marked Exhibit 4 and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California held on the 29th day of October, 1985, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES : None %klL MARY Hi CASLER, Mayor ATTEST: A mPkA- ALETHA L. RAUTENKRANZ, City Clfrk ( SEAL 1 AGREEMENT THIS AGREEMENT is made this 22nd day of October, 1985, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and the HUNT PROPERTIES, INC. hereinafter referred to as APPLICANT. RECITALS WHEREAS, the APPLICANT has filed with CITY a request for approval of a proposed project identified as Master Plan No. 177 requiring an amended subsequent Environmental Impact Report (EIR) ;' and WHEREAS, CITY has determined that its current staff is inadequate in number to process the proposed EIR in a timely and thorough manner; and WHEREAS, CITY has determined that to proceed with the processing of the EIR it will be necessary to hire a consultant to aid staff with the monitoring and processing of such EIR; and WHEREAS, APPLICANT in order to ensure the expeditious processing of said EIR desires to pay to CITY the amount neces- sary 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 WESTEP SERVICES, INC. hereinafter referred to as the "CONSULTANT" to perform the necessary work in the processing and monitoring of the EIR for that area more more particularly depicted upon a site map attached as Exhibit 1 and made a part of this agreement. 2. It is understood 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 (d) Such other work necessary to properly evaluate the proposed project as directed by the Land Use Planning Manager. 3. It is understood that the CITY will direct the Con- sultant to complete a draft and final EIR at the earliest feasible time. The CITY will advise the APPLICANT in writing of any impacts which may render the proposed project unfeasible within a reasonable time after CITY has received the Consultant's con- clusions in writing. 4. The APPLICANT shall pay to the CITY the actual cost of the Consultant's services. Such cost shall be based on the costs set forth in Exhibit "2". The APPLICANT has advanced the sum of $41,200.00 as payment on account for the actual cost of the Consultant's services; in the event it appears, as the work progresses, that said sum will not be -2- cient 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 feasible, that no further work will be performed by the Consultant incurrinq an obligation beyond the amount advanced without an appropriate amendment to this Agreement. If the actual cost of preparing the report is less than the 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 Con- sultant deems necessary to complete the EIR. It is agreed that the APPLICANT will not interfere with the Consultant in the performance of such work or attempt to influence such Consultant during the course of his investigation and report. 6. It is understood that the CITY will attempt to bring the EIR to Planning Commission and CITY Council as soon as possible, 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 Corporation of the State of California d. BY MARY H. KASLER, Mayor APPLICANT: ATTEST: ALETHA RAUT City Attorney v -4- i LOCATION MAP 'ACIFIC EXHIBIT 1 10-75-85 'I i LOCATION MAP 10-75-85 HPC .. DEVELOPMENT m 0 0 0 0 0 0 9 + v WESTEC Services, Inc. 321 1 Fifth Avenue, San Diego. CA 92103-5765 (61 9) 294-9770 85-378-E September 6, 1985 ?' ,. ',%$3 \> -+A c, _, Assistant Planner City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Subject: . Pacific Rim Master Plan EIR Contract Amendment for Phase One Tentative Map &' Dear Chris: WESTEC Services is pleased to submit this proposal for environmental consulting services for the Pacific Rim Master Plan EIR. WESTEC is already under contract with the City to prepare a Subsequent EIR for the Master Plan. This amendment covers additional work necessary to address the Phase One Tentative Map in the Subsequent EIR. Scope of Work The Subsequent EIR will address all issues identified in our proposal dated March 25, 1985. Additionally, the following analysis will be incorporated to address the Tentative Map. Visual/ Aes the t ics The environmental effects of grading and development of the Phase One Tenta- tive Map will be evaluated. The section will discuss views to and from the site, con- formance with policies and ordinances, and methods to mitigate grading and visual impacts. This section will evaluate the visual and grading impacts of the two align- ments for Batiquitos Drive. Biology This section will address the site-specific impacts of development of Phase One. Direct impacts to biological resources and indirect effects on Batiquitos Lagoon will be evaluated. The two road alignments for 'Batiquitos Drive will be addressed, along with other offsite improvements. San Diego. CA Ventura. CA Brawley. CA Phoenix. A2 Philadelphia. PA Washington. D.C. a/ Mr. Christopher D. DeCerbo September 6,1985 Page Two Traffic The results of Wildan's traffic analysis for the Master Plan and for Phase One will be incorporated into the text of the EIR. Hydrology The results of VTN's drainage study will be analyzed and included in the EIR text. On-site impacts in Phase One and effects on Batiquitos Lagoon will be evaluated. Utilities and Services Water and sewer plans prepared by VTN will be evaluated. WESTEC will coordi- nate with service providers to determine potential impacts of Phase One development. Noise - The noise analysis will evaluate in more detail potential impacts within Phase One based upon the proposed grading plan. Mitigation measures will be identified, if neces- sary. Alternatives A new alternative in the Subsequent EIR will address the potential mitigation/ enhancement plan for Batiquitos Lagoon that would result from funding from Long Beach Harbor development. It is our understanding that this alternative plan is being proposed by others and will be available for WESTEC's review by late September. Cultural/Paleontological Resources The scope of work provided herein identifies the tasks and cost for testing 16 archaeological, historical and paleontological sites. These 16 sites are divided as follows: 14 archaeological sites (SDi-600, 601, 602, 691, 692693, 694, 6822, 6824, 6826, 6827, 6867, SRS-1 and W-102), 1 historical site (SDi-6828), and 1 paleontological site (MAR-278). The tasks for testing the 14 archaeological sites and 1 historical site includes site mapping, surface collection of all artifacts, posthole testing to determine site size, trenching to determine both site depth and disturbance, and excavation not-to-exceed 3, 1 x 1 m units. Data analysis will include pottery, lithics, shell, bone, radiocarbon dating of one sample per archaeological site, obsidian hydration and obsidian sourcing. The testing to identify the extent and richness of the paleontological site can be identified through backhoe trenching and monitoring/recording by a Paleontologist. We anticipate 3 field days and 2 days for review and write-up of existing literature to fully evaluate this resource. Mr. Christopher D. DeCerbo September 6, 1985 ' Page Three The final technical report will identify site significance/importance as per CEQ A (amended 1981). If sites are identified as significant, then a mitigation plan with alternatives will be provided. If a site or sites are identified as non-significant, then no further work will be recommended. This report wil be acceptable to both City, State and professional guidelines. The conclusions will be summarized in the EIR text. COST PROPOSAL* Visual/ Aesthe tics $ 1,100 Biology 1,250 Traffic 350 Hydrology 850 Utili t ies/Services 450 Noise 600 Alternatives 600 Cultural/Paleontological Resources 36,000 Total additional cost $41,200 *This proposal reflects only additional costs required to address Phase One Tentative Map. If this proposal is acceptable, it is our understanding that a contract amendment would be authorized to cover the additional work. WESTEC is available to begin work immediately upon reciept of Notice to Proceed. Thank you for the opportunity to provide this proposal for consulting services. Please call me at 294-9770 if you have any questions. Sincerely, &bUL %omas M. Larkin Project Manager TMLga -33