HomeMy WebLinkAbout2009-12-22; City Council; Resolution 2009-320EXHIBIT 1
RESOLUTION NO. 2009-320
A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF
CARLSBAD, CALIFORNIA, APPROVING A CONSULTING
AGREEMENT WlTH HELIX ENVIRONMENTAL PLANNING, INC.
FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT (EIR) AND APPROVING AN AGREEMENT WlTH
PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP
FOR PAYMENT OF THE FEES ASSOCIATED WlTH
PREPARATION OF AN EIR
CASE NAME: PLAZA CAMINO REAL REVITALIZATION
PROJECT
CASE NO.: EIR 09-02
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
1. That a consulting agreement with HELIX Environmental Planning, Inc. for
consulting services to prepare an Environmental Impact Report (EIR) for the Plaza Camino Real
Revitalization Project (Exhibit I), and an agreement with PLAZA CAMINO REAL, a California
limited partnership for the payment of the EIR consultant services (Exhibit 2) are hereby
approved and the City Manager is authorized to execute said agreements.
2. Following the City Manager's execution of said agreements, the City
Clerk is directed to forward copies of this resolution and said agreements to HELIX
Environmental Planning, Inc., Attention: Michael Schwerin, 7578 El Cajon Boulevard, Ste. 200,
La Mesa, CA 91941; WESTFIELD, LLC., Attention: Greg Fitchett, 225 Broadway, 17'~ Floor,
San Diego, CA 92101; and, the Planning Department. .
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 22udday of December 2009, by the following vote, to wit:
AYES: Counci 1 Members Lewi s Kulchi n , Hsll , Blsckburn.
NOES: None.
ABSENT: Counci 1 Member P~ck~rd.
/- ~.,~:L-~?.~~L.A--,
City ~leik 03
(SEAL)
Exhibit 1
AGREEMENT WITH CONSULTANT FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT
EIR 09-02 PLAZA CAMINO REAL REVITALIZATION PROJECT
THIS AGREEMENT, made this >3 r<?dav of ^tu^J^u. 2Q09 . between the CITY
OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as
"CITY", and HELIX Environmental Planning, Inc. hereinafter referred to as "CONTRACTOR".
RECITALS
WHEREAS, the CITY has entered into an agreement with Westfield, LLC hereinafter
called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for
the proposed project identified as the Plaza Camino Real Revitalization project which is located
in the northwest portion of the city at the City's northern entrance along El Camino Real and
more precisely shown on the plat marked Attachment 1, attached hereto and made a part
hereof; and
WHEREAS, the CONTRACTOR has the qualifications to prepare the required
Environmental Impact Report; and
WHEREAS, it is understood that the CONTRACTOR shall be an independent contractor
of the CITY.
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the
parties hereto agree as follows:
1. CONTRACTOR OBLIGATIONS
CONTRACTOR shall prepare an Environmental Impact Report on the subject project in
accord with the California Environmental Quality Act as implemented by the State Guidelines
and by CITY in Title 19 of the Carlsbad Municipal Code and its implementing resolutions. In
carrying out this obligation the CONTRACTOR'S duties shall include the following:
(a) The CONTRACTOR shall, consistent with the Work Program contained in
Attachment 2, (1) make all necessary and required field explorations, reviews and tests; (2)
make all necessary and required laboratory tests and analyses; (3) appear and be prepared to
1 Rev. 11-5-09
4
answer questions and prepare testimony on the final Environmental Impact Report at all public
hearings before the Planning Commission and the City Council prior to the certification of the
report; (4) make all reports necessary to comply with the requirements of this section. Before
preparing the draft report, the CONTRACTOR shall submit five copies of a preliminary report
(screen check EIR) to the Planning Director for staff review. The CONTRACTOR shall revise
the preliminary report as requested by staff in order to make it suitable for draft EIR review.
(b) CONTRACTOR shall prepare a draft report in compliance with the Work Program
contained in Attachment 2 on file at the Planning Department (unless otherwise stated in this
agreement), attached hereto and made a part hereof and with applicable state law and CITY
ordinances.
(c) CONTRACTOR shall attempt to determine as soon as possible in the study of
the area involved, those factors which could severely inhibit or prohibit the proposed project. If
it appears that such factors are present, CONTRACTOR shall so inform the Planning Director
who in turn will discuss with the applicant the feasibility of continuing with the report. The
objective of this subsection of the agreement is to minimize the cost if these adverse factors
exist.
(d) CONTRACTOR shall prepare and file with the CITY written responses to all
comments received subsequent to public notice that the draft Environmental Impact Report has
been filed. CONTRACTOR shall also prepare any response necessary to matters raised at the
public hearings. The written responses shall be prepared in a form that will permit the responses
to be incorporated into the final Environmental Impact Report.
(e) CONTRACTOR'S responsibility under this agreement is owed to the CITY, rather
than the APPLICANT, who is not an intended beneficiary of this agreement.
2. CITY OBLIGATIONS
(a) The CITY will make payment to the CONTRACTOR as provided for in this
agreement.
2 Rev. 11-5-09
(b) The CITY will make available to the CONTRACTOR any documents, studies, or
other information in its possession related to the proposed project.
(c) The CITY will review the Preliminary Report presented by the CONTRACTOR
within fourteen working days of their receipt and make written comments to the CONTRACTOR
within that time period.
(d) The CITY shall provide the CONTRACTOR with copies of all written comments
received on the draft Environmental Impact Report subsequent to public notice that the draft
Environmental Impact Report has been filed and is available for public review.
3. TIME OF COMPLETION
Time is of the essence in carrying out the terms of this agreement. It is understood that
inclement weather conditions may delay the completion of field work. The CONTRACTOR will
be allowed as many additional days as are necessary to compensate for days lost due to
inclement weather. The CONTRACTOR shall submit to the CITY five copies of the Preliminary
Environmental Impact Report within twelve (12) weeks of the signing of this agreement by both
concerned parties. The CONTRACTOR shall submit to the CITY twenty-five (25) copies of the
draft Environmental Impact Report within ten working days of the completed staff review of the
Preliminary Environmental Impact Report.
4. PAYMENT
The CONTRACTOR will be paid a maximum of One Hundred Ninety-five Thousand
Three Hundred Forty-six dollars ($195,346) for all work necessary to earn/ out the
requirements of this agreement. Actual payment shall be based on the cost of the report based
on the costs as set forth in Attachment 3 on file at the Planning Department. The
CONTRACTOR shall be paid within 30 days, in response to invoice, based on the percentage of
tasks completed according to Attachment 3 of the compensable services for the completion of
the screen check draft Environmental Impact Report in accordance with Paragraph 1 above.
The final ten (10) percent will be paid, not to exceed the maximum amount provided in its
Rev. 11-5-09
(o
agreement, within thirty (3) days after receipt of invoice, to be submitted after the certification of
the Environmental Impact Report by the City Council.
5. LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agreement is the sum of $195,346
which amount is estimated to be sufficient to compensate the CONTRACTOR for all services
performed hereunder during the terms of this agreement. In the event at any time it appears to
the CONTRACTOR that said sum may not be sufficient, he shall immediately so notify the
Planning Director. He will not perform any work or incur any obligation beyond said sum of
$195,346 without appropriate amendment to this agreement.
6. CHANGES IN WORK
If, in the course of this contract, changes seem merited by the CONTRACTOR or the
CITY and informal consultations indicate that a change in the conditions of the contract is
warranted, the CONTRACTOR or the CITY may request a change in the contract. Such
changes shall be processed by the CITY in the following manner. A letter outlining the required
changes shall be forwarded to the CITY or CONTRACTOR to inform them of the proposed
changes along with a statement of estimated changes in charges or time schedule. After
reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by
the CITY and approved by the CITY according to the procedures described in Carlsbad
Municipal Code Section 3.28.090. Such supplemental agreement shall not render ineffective or
invalid unaffected portions of the agreement. Changes requiring immediate action by the
CONTRACTOR or the CITY shall be ordered by the Planning Director who will inform a principal
of the CONTRACTOR'S firm of the necessity of such action and follow up with a supplemental
agreement covering such work.
The lump sum amounts detailed in this agreement shall be adjusted for changes, either
additive or deductive, in the scope of work, provided such changes are processed according to
the procedures in this paragraph.
4 Rev. 11-5-09
7. COVENANTS AGAINST CONTINGENT FEES
The CONTRACTOR warrants that their firm has not employed or retained any company
or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure
this agreement, and that CONTRACTOR has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any
other consideration contingent upon, or resulting from, the award or making of this agreement.
For breach or violation of this warranty, the CITY shall have the right to annul this agreement
without liability, or, in its discretion, to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or
contingent fee.
8. NONDISCRIMINATION CLAUSE
The CONTRACTOR shall comply with the state and federal laws regarding
nondiscrimination.
9. TERMINATION OF CONTRACT
The CITY may terminate this agreement at any time by giving written notice to the
CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen
days prior to the effective date of the termination. In the event of termination, all finished or
unfinished documents and other materials prepared pursuant to this agreement shall become its
property. Upon termination for reasons other than breach of this agreement CITY shall pay
CONTRACTOR the reasonable value of the services completed to the date of notice of
determination.
10. DISPUTES
If a dispute should arise regarding the performance of work under this agreement, the
following procedure shall be used to resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they become identified as a part of a
5 Rev. 11-5-09
dispute among persons operating under the provisions of this contract, shall be reduced to
writing by the principal of the CONTRACTOR or the CITY Planning Director. A copy of such
documented dispute shall be forwarded to both parties involved along with recommended
methods of resolution which would be of benefit to both parties. The CITY Planning Director or
principal receiving the letter shall reply to the letter along with a recommended method of
resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved
party, a letter outlining the dispute shall be forwarded to the City Council for their resolution
through the office of the City Manager. The City Council may then opt to consider the directed
solution to the problem. In such cases, the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties seeking remedies
available to them at law.
11. CLAIMS AND LAWSUITS
The CONTRACTOR agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in anticipation of
litigation or in conjunction with litigation. The CONTRACTOR acknowledges that if a false claim
is submitted to the City, it may be considered fraud and the CONTRACTOR may be subject to
criminal prosecution. The CONTRACTOR acknowledges that California Government Code
Sections 12650 et seq.. the False Claims Act, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act,
it is entitled to recover its litigation costs, including attorney's fees. The CONTRACTOR
acknowledges that the filing of a false claim may subject the CONTRACTOR to an
administrative debarment proceeding wherein the CONTRACTOR may be prevented to act as a
contractor on any public work or improvement for a period of up to five (5) years. The
CONTRACTOR acknowledges debarment by another jurisdiction is grounds for the City of
6 Rev. 11-5-09
Carlsbad to disqualify the CONTRACTOR from the selection process. do (Initial)
The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, 3.32.027 and
3.32.028 pertaining to false claims are incorporated herein by reference. \\\} (Initial)
12. STATUS OF THE CONTRACTOR
The CONTRACTOR shall perform the services provided for herein in CONTRACTOR'S
own way as an independent contractor and in pursuit of CONTRACTOR'S independent calling,
and not as an employee of the CITY. CONTRACTOR shall be under control of the CITY only as
to the result to be accomplished, but shall consult with the CITY as provided for in the request
for proposal. The persons used by the CONTRACTOR to provide services under this
agreement shall not be considered employees of the CITY for any purposes whatsoever.
The CONTRACTOR is an independent contractor of the CITY. The payment made to
the CONTRACTOR pursuant to the contract shall be the full and complete compensation to
which the CONTRACTOR is entitled. The CITY shall not make any federal or state tax
withholdings on behalf of the CONTRACTOR or his/her employees or subcontractors. The
CITY shall not be required to pay any workers' compensation insurance or unemployment
contributions on behalf of the CONTRACTOR or his/her employees or subcontractors, on behalf
of the CONTRACTOR. The CONTRACTOR agrees to indemnify the CITY for any tax,
retirement contribution, social security, overtime payment, or workers' compensation payment
which the CITY may be required to make on behalf of the CONTRACTOR or any employee of
the CONTRACTOR for work done under this agreement.
The CONTRACTOR shall be aware of the requirements of the Immigration Reform and
Control Act of 1986 and shall comply with those requirements, including, but not limited to,
verifying the eligibility for employment of all agents, employees, subcontractors and
CONTRACTORS that are included in this agreement.
13. OWNERSHIP OF DOCUMENTS
All documents and materials prepared pursuant to this agreement are the property of the
7 Rev. 11-5-09
CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and
otherwise use, in whole or in part, any reports, data, or other materials prepared under this
agreement.
14. REPRODUCTION RIGHTS
The CONTRACTOR agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to
such copyrights in favor of CITY.
15. RELEASE OF INFORMATION BY CONTRACTOR
Any reports, information or other data, prepared or assembled by the CONTRACTOR
under this agreement shall not be made available to any individual or organization by the
CONTRACTOR without prior written approval of the CITY.
16. HOLD HARMLESS AGREEMENT
CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorney fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, except where caused by the active
negligence, sole negligence, or willful misconduct of the City of Carlsbad.
CONTRACTOR shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, officials, employees and volunteers.
CONTRACTOR'S indemnification of City shall not be limited by any prior or subsequent
declaration by the CONTRACTOR.
17. ASSIGNMENT OF CONTRACT
CONTRACTOR shall not assign this contract or any part hereof or any monies due or to
become due thereunder without prior written consent of the CITY.
8 Rev. 11-5-09
18. SUBCONTRACTING
If the CONTRACTOR shall subcontract any of the work to be performed under this
contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the CITY for the
acts and omissions of its subcontractor and of the persons either directly or indirectly employed
by its subcontractor, as it is for the acts and omissions of persons directly employed by it.
Nothing contained in this contract shall create any employee or contractual relationship between
any subcontractor of CONTRACTOR and the CITY. The CONTRACTOR shall bind every
subcontractor and every subcontractor of the subcontractor by their terms of this contract
applicable to its work unless specifically noted to the contrary in the subcontract in question
approved in writing by the CITY.
19. PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity on behalf of the CITY to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting or
approving any architectural, engineering, inspection, construction, or material supply contract or
subcontract in connection with the construction of the project, shall become directly or indirectly
interested personally in this contract or in any part thereof. No officer, employee, architect,
attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on
behalf of the CITY to exercise any executive, supervisory or other similar functions in
connection with the performance of this contract shall become directly or indirectly interested
personally in this contract or any part hereof.
20. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee or the CITY,
either before, during or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained, nor shall such verbal agreement or conversation entitle
the CONTRACTOR to any additional payment whatsoever under the terms of this contract.
9 Rev. 11-5-09
21. SUCCESSOR OR ASSIGNS
Subject to the provision of Paragraph 10, "Hold Harmless Agreement", all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and
each of their respective heirs, executors, administrators, successors, and assigns.
22. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above.
23. CONFLICT OF INTEREST
The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk in
accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The
CONTRACTOR shall report investments or interests in all four categories.
24. INSURANCE
The CONTRACTOR shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the work hereunder by the
CONTRACTOR, its agents, representatives, employees or subcontractors. The insurance will
be obtained from an insurance carrier admitted and authorized to do business in the State of
California. The insurance carrier is required to have a current Best's Key Rating of not less than
"A-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line
Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
A. Coverages and Limits.
CONTRACTOR shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply separately to
10 Rev. 11-5-09
the work under this contract or the general aggregate shall be twice the required per occurrence
limit.
2. Automobile Liability (if the use of an automobile is involved for
CONTRACTOR'S work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and Employer's
Liability limits of $1,000,000 per accident for bodily injury.
B. Additional Provisions.
CONTRACTOR shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies excluding
Workers' Compensation.
2. The CONTRACTOR shall furnish certificates of insurance to the City
before commencement of work.
3. The CONTRACTOR shall obtain occurrence coverage.
4. This insurance shall be in force during the life of the agreement and any
extension thereof and shall not be canceled without 30 days prior written notice to the City sent
by certified mail.
5. If the CONTRACTOR fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the CONTRACTOR in breach, or
may purchase replacement insurance or pay the premiums that are due on existing policies in
order that the required coverages may be maintained. The CONTRACTOR is responsible for
any payments made by the City to obtain or maintain such insurance and the City may collect
the same from the CONTRACTOR or deduct the amount paid from any sums due the
CONTRACTOR under this agreement.
11 Rev. 11-5-09
25. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of the CONTRACTOR in connection with the
foregoing are as follows:
For City: Title: Associate Planner
Name: Jason Goff
Address: 1635 Faraday Avenue
Carlsbad. CA 92008
For Contractor: Title: Chief Executive Officer
Name: Michael Schwerin
Address: 7578 El Cajon Boulevard. Ste. 200
La Mesa. CA 91942
Architect/License Number: N/A
Architect/License Number: N/A
26. BUSINESS LICENSE
CONTRACTOR shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
27. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or contemplated
herein, embody the entire agreement and understanding between the parties relating to the
subject matter hereof. Neither this agreement nor any provision hereof may be amended,
modified, waived or discharges except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
12 Rev. 11-5-09
j
Executed by CONTRACTOR this Third day of December 20 09.
CONTRACTOR:
HELIX Environmental Planning, Inc.
(Name of Contractor)
CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)
Michael Schwerin, CEO/President
(printjiame/titje)
By:(
Cit/ Manager <
ATTEST:
(sign here)
Tamara Ching, Vice President
(print name/title)
(Proper notarial acknowledgment of execution by CONTRACTOR must be attache'ft)?.""^
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
/^/,
By:
13 Rev. 11-5-09
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me,L -Notary Public,
S - CK<, who proved to mepersonally appeared
on the basis of satisfactory evidence to be the person(x) whose namefc) is/ace, subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity^&s), and that by his/her/their signature^ on the instrument the person^,
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Rev. 12/17/2007
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Decew\ip£r 3,£OOC1 before me,
personally appeared M'ir^Ci£.( .Sd
L QUzA^- Notary Public,
, who proved to me
on the basis of satisfactory evidence to be the personfs) whose name(k)(H)(are subscribed to the
within instrument and acknowledged to me that he/sbejlhey executed the same in his/fifer/the^r
authorized capacity(tes.), and that by his/Ketj'tnejr signaturefs) on the instrument the person^,
or the entity upon behalf of which the person^s^acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
^9rS:C)Qjf
/,-». ' V^ Jf\. i i \T / \(Signature o
KRISTIN L. OLSZAK f
Commission * 1736442 K
Notary Public - California |
San Diego County '
My Comm. Expires Apf 17.2011 I
Rev. 12/17/2007
ACTION SY BOARD OF DIRECTORS OF
HELIX ENVIRONMENTAL PLANNING INC.
A California Corporation
By Unanimous Written Consent Without a Meeting
The undersigned, constituting all of the members of the Board of Directors of Helix Environmental
Planning, Inc (HELIX), hereby take the following action by unanimous written consent without a meeting
effective July 03. 2008.
WHEREAS, there has been presented to the Board of Directors of HELIX a new schedule for
signing authority by certain individuals and the monetary limits for check signing the terms aid provisions
of which are incorporated herein by this reference as it set fofth at length
NOW, THEREFORE, BE IT RESOLVED, that the new signing authority is as follows
-Michael Schwerin, CEO. has authority to sign any documents or check on behalf of HELIX
-Tom Huffman, COO, has authority to sign any document or check on behalf of HELIX
-Kristin Olszak, CFO, has authority to sign all check, leases, and financial documents ''or HELIX
-Lisa Capper, Vice President, has authority to sign any project-related contract for HELIX
-Greg Mason, Vice President, has authority to sign any project-related contracts for HELIX
-Tammy Ching, Vice President, has authority to sign any project-related contracts for HELIX
No further resolutions are adopted.
DATED AS OF JULY 3. 2008
DAVID W (1 AYi'mm Director
THOMAS lUITM/yDirector
STAN SE WITCH. Director
. Director
ACTION BY BOARD OF DIRECTORS OF
HELIX ENVIRONMENTAL PLANNING INC.
A California Corporation
By Unanimous Written Consent Without a Meeting
The undersigned, constituting ail of the members of the Board of Directors of Helix Environmental
Planning, Inc (HELIX), hereby take She following action by unanimous written consent without a meeting
effective July 03, 2008,
WHEREAS, there has been presented to the Board of Directors of HELIX a new schedule for
signing authority by certain individuals and the monetary limits for check signing the terms ind provisions
of which are incorporated herein by this reference as it set forth at length
NOW, THEREFORE, BE IT RESOLVED, that the new signing authority is as follows
-Michael Schwerin, CEO, has authority to sign any documents or check on behalf of HELIX
-Tom Huffman, COO. has authority to sign any document or check on behalf of HELIX
-Kristin Olszak, CFO, has authority to sign all check, leases, and financial documents tor HELIX
-Lisa Capper. Vice President, has authority to sign any project-related contract for HELIX
-Greg Mason, Vice President, has authority to sign any project-related contracts for HELIX
-Tammy Ching, Vice President, has authority to sign any project-related contracts for HELIX
No further resolutions are adopted.
DA I CD AS OF JULY 3, 3008
KI
THOMAS JH.'I-T'MAN. Director
STAN SCWITCH. Director
H. Director
ACTION BY BOARD OF DIRECTORS OF
HELIX ENVIRONMENTAL PLANNING, INC,
A California Corporation
By Unanimous Written Consent Without a Meeting
The undersigned, constituting all of the members of the Board of Directors of Helix Environmental
Planning, Inc (HELIX), hereby take the following action by unanimous written consent without a meeting
effective July 03. 2008.
WHiREAS. there has been presented to the Board of Directors of HELIX a new scfteclule for
signing authority by certain individuals and the monetary limits for check signing ihe terms ar*d provisions
of which are incorporated herein by this reference as it set forth at length
NOW, THEREFORE, BE IT RESOLVED, that the new signing authority is as follows
-Michael Schwerin, CEO, has authonty to sign any documents or check on behalf of HELIX
-Tom Huffman, COO. has authority to sign any document or check on behalf of HELIX
-Kristin Ofszak, CFO, has authority to sign all check, leases, and financial documents for HELIX
-Lisa Capper, Vice President, has authority to sign any project-related contract for HELIX
-Greg Mason, Vice President, has authority to sign any project-related contracts for HELIX
-Tammy Ching. Vice President, has authority to sign any project-related contracts for HELIX
No further resolutions are adopted.
DATED AS OF JULY 3, 200S
DA WMV Tf/\ YY;(>MB. Director
THOMAS HUFFMAN. Director
STAN SEWITCR Director
RANDI COOPKRSMITH. Director
THIS DOCUMENT HAS A TRUE DEFENSA™ WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES
HvJOT TRANSFERABLE
BUS. NUMBER
1222244
DATE ISSUED
4/7/2009
SIC CODE
8999
OWNER FIRM OR
CORPORATION NAME
BUSINESS NAME
MAILING ADDRESS
CITY AND STATE
CITY OF CARLSBAD
BUSINESS REGISTRATION CERTIFICATE
POST IN CONSPICUOUS PLACE
The person, firm of corporation named Mow a granted this business certificate pursuant to the provisions of Ins City Business Ljcense Ordinances to engage in.
carry on or conduct the business, trade, calling, profession, exhibition Of occupation described below. Issuance of the certificate is not an endorsement, nor
certification of compliance with other ordinances or laws. This license is issued without verification that the licensee is subject to or exempt from licensing by the
State of California.
BUSINESS LOCATION
7578 EL CAJON BLVD STE 200
SIC DESCRIPTION
Services, Not Elsewhere Classified
HELIX ENVIRONMENTAL PLANNING, INC.
HELIX ENVIRONMENTAL PLANNING, INC.
7578 EL CAJON BLVD STE 200
LA MESA, CA 91941-4646
EXPIRATION DATE
4/30/2010
THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT
ATTACHMENT 1
NOT TO SCALE
SITEMAP
Plaza Camino Real Revitalization
EIR 09-02 / SP 09-01 / SDP 09-04 / SUP 09-07
Detailed Work Program — Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
ATTACHMENT 2
DETAILED WORK PROGRAM/TECHNICAL APPROACH
HELIX will assume primary responsibility for preparation of the EIR for the proposed project. The
major tasks associated with this work include preparation of the Draft and Final EIR. Secondary tasks
include preparation of the following documents: (1) Technical reports related to air quality/climate
change, biology, cultural resources, geology/soils/mineral resources, hazards/hazardous materials,
hydrology/water quality, and noise, (2) a Mitigation Monitoring and Reporting Program, (3) Findings
and Statement of Overriding Considerations.
In preparing the EIR, HELIX will conduct analyses that are commensurate with the level of detailed
information available on the proposed project. In evaluating impacts for the project, HELIX will
utilize information in the Specific Plan and other submittals, in consultation with the City, to avoid
over-estimating project impacts and mitigation requirements. Mitigation measures associated with the
project will be defined to a level sufficient to demonstrate their ability to reduce impacts and will
include performance standards to guide subsequent on-site development projects. The EIR will
distinguish between plan-wide mitigation measures and those which should be implemented by the
specific development project. The timing and responsibility for implementation of the mitigation
measures will be clearly defined.
Throughout the process, HELIX will emphasize constant communication with the City and its
planning team to ensure that information is exchanged quickly and accurately. HELIX will work hand
in hand with City staff throughout the CEQA process, including: (1) refining the scope of the EIR; (2)
comprehensively identifying the large scale impacts of plan implementation to minimize future CEQA
compliance requirements (e.g., providing air quality and growth inducement conclusions that can be
relied upon in future CEQA reviews); (3) identifying effective, feasible mitigation measures that can be
applied to future specific development projects within the Specific Plan; (4) responding to public
comments; and (5) attending public meetings, workshops, and hearings.
HELIX intends to implement the following "three-step" QA/QC process prior to submitting
documents to the City for review. The fundamental objective of the QA/QC process is to not only
ensure that the work is accurate, but that it also meets the specific needs of the City. This three-step
process will allow City staff to focus on the content of the document in their review rather than spend
time correcting typos and format/content inconsistencies. Avoiding this type of technical editing will
be essential to meeting the City's goal of completing its review of documents within two weeks of
receipt.
Step 1: HELIX will prepare the EIR Project Description and Table of Contents in consultation with
City staff and Westfield and will meet with the project team at HELIX to convey the project approach
to promote accuracy and consistency within the document. Ms. Baranek will review the each section
of the document as it is completed. The focus of her review will be to assure that the analysis and
conclusions:
• Are based on solid supporting evidence;
• Utilize quantitative significance thresholds, wherever possible;
• Address all aspects of the proposed project;
• Reach clear significance conclusions; and
Attachment 2 Page 1
12/3/2009
Detailed Work Program - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
• Identify mitigation measures that describe what needs to be done, when it needs to be done
and who is responsible.
She will also generally review the document for accuracy, consistency, and proper spelling and
grammar.
Step 2: Once the full document has been assembled, Mr. Mclntyre will conduct a comprehensive
review to re-confirm the factors included in Ms. Baranek's review. To provide her the background on
the project and issues to thoughtfully review the documents, Mr. Mclntyre will be involved early and
throughout document preparation. He will be copied on all major correspondence related to the scope
and key significance conclusions to keep him "in the loop."
Step 3: HELIX's Document Production Manager, who has a journalism background, will conduct a
final technical edit of the document before releasing it to the City or general public to assure that the
format is consistent and that the document is grammatically correct.
In addition to reviewing documents prepared by HELIX, technical reports prepared by the
subconsultant team will be reviewed by Ms. Baranek, as well as the HELIX environmental planner
responsible for preparing the corresponding section of the EIR.
Our specific approach to each of the tasks associated with preparing the EIR follows.
Task 1. Specific Plan and Technical Study Review
HELIX will review the Specific Plan and Tentative Tract Map prepared by Westfield Corporaton's
planning and engineering consultant and the various technical studies (i.e., traffic and parking)
prepared by other contractors prior to preparing the EIR. This review is intended to accomplish
several goals. First, it will provide HELIX with a comprehensive understanding of the proposed
Specific Plan. This comprehensive understanding will assure that the analysis in the EIR addresses all
aspects of the proposed plan. Second, the review will allow HELIX to provide input to the City and its
planning team during EIR preparation, regarding any potential environmental impacts that could
result from implementation of the proposed Specific Plan. The goal of this input will be to allow the
project to be modified to reduce or eliminate potential impacts. When modification is not feasible, this
input could be used to develop goals and policies, which could be imposed on subsequent
development to reduce the potential environmental impacts.
Task 2. Draft EIR
This task will include preparation of the Draft EIR, as well as the required technical studies to support
the analysis contained in the EIR.
Task 2.1 Technical Studies
Based on the RFP, the following technical studies would be prepared by HELIX to support the EIR
analysis. Based on an e-mail from the City received on November 16, 2009, it is assumed that
Westfield will provide a Geotechnical and Geologic Survey, Drainage Report, Storm Water
Management Plan, and Visual Simulations and that HELIX will provide third-party review of those
technical studies as part of the EIR preparation under Task 2.2. Any report revisions required from
the peer review process will be the responsibility of Westfield's consultants to implement.
Attachment 2 Page 2
12/3/2009
Detailed Work Program - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
Air Quality/Greenhouse Gas Emissions
The Air Quality Site Assessment will be prepared by SRA and address the potential for air quality and
climate change impacts related to short-term construction activities and long-term operations of the
expanded shopping center, including stationary and mobile sources. The results of the analysis will be
summarized in a technical report for inclusion in the EIR.
Construction emissions estimates will be based on
standard assumptions regarding construction, and will
identify a reasonable "worst case" scenario, including
demolition of existing structures/facilities, construction
equipment, and architectural coatings emissions.
Mitigation measures will be identified, as appropriate.
Operational impacts will include emissions from traffic,
energy use, landscaping, and other area sources that
may be associated with land uses in the area. The
evaluation will assess potential criteria pollutant
emissions, including emissions of ozone precursors
1 (NOx and VOCs), CO, PM10, PM, 5, and SOx.
In addition to the analysis of criteria pollutants, a discussion of greenhouse gas emissions associated
with the new construction and redevelopment of the shopping center will be prepared. SRA will
conduct a screening evaluation of the potential for impacts associated with global climate change in
accordance with current OPR guidelines. The discussion will include quantification of greenhouse gas
emissions associated with project development and will take into account sustainable goals and policies
included in the proposed Specific Plan, including the use of water conservation and energy efficient
fixtures and availability of transit. The analysis will also provide guidance to the City on strategies to
meet the goals of Assembly Bill (AB) 32, including recommended requirements for future
development. Further, the analysis will address potential consistency with existing Climate Action
Plans as recommended by OPR.
Biological Resources
HELIX will review existing biological resource information and conduct a brief reconnaissance of the
Specific Plan area to identify and evaluate the importance of biological resources, including Buena
Vista Creek. Because the development sites are paved and developed, there will be no need to map
vegetation or species. Potential indirect impacts to Buena Vista Creek will be addressed and
appropriate mitigation measures and Specific Plan design guidelines will be recommended, if
appropriate. The results of the analysis will be in a Biological Resources letter report for
summarization in the EIR.
Cultural Resources
For the cultural resources analysis supporting the EIR, ASM will conduct a cultural resources study of
the Plaza Camino Real Revitalization Project for the EIR to be prepared for the City of Carlsbad. Their
study will include a records search of the project property at the South Coastal Information Center and
a search of the Sacred Lands File with the California Native American Heritage Commission (NAHC).
As they understand it, the entire property is developed. If this is indeed the case, a meaningful study
of the project may not be possible until pavement and structures are removed from the project site.
Attachment 2 Page 3
12/3/2009
Detailed Work Program - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
Once the results of the records search have been received, ASM will conduct a limited survey of the
property to identify any undeveloped areas that have the potential to retain intact, significant
archaeological or historical deposits or resources. If any are identified, recommendations will be made
for treatment of these resources prior to construction activity. If it is determined that the ground
surface is entirely obscured by development, ASM will recommend archaeological monitoring during
construction to ensure that previously undocumented significant subsurface resources are identified
and appropriately treated or preserved. If it is determined during fieldwork that archaeological or
historical resources are present that will require evaluation or treatment, ASM will provide a proposal
to complete those services.
ASM will also conduct informal Native American consultation with tribal representatives identified by
the NAHC as having specialized knowledge regarding Traditional Cultural Properties or Native
American heritage resources that may be impacted by the proposed revitalization. Consultation will
involve sending written correspondence to tribal entities listed by the NAHC and following up this
correspondence with telephone calls to those entities. The results of consultation will be summarized
in the final project report.
Hazards and Hazardous Materials
Geocon will perform a site reconnaissance and preliminary research to evaluate the potential for
existing conditions to create impacts associated with site development due to the presence of
hazardous materials/wastes on or within the project's vicinity. The guidelines used for the definition of
hazardous materials/wastes are referenced in the California Code of Regulations (CCR), Title 22,
Division 4.5. The Phase I Environmental Site Assessment (ESA) will be conducted in general
accordance with the American Society for Testing and Materials (ASTM) Standard Practice E 1527-05.
The Phase I ESA also will be conducted in general accordance with the requirements of 40 Code of
Federal Regulations (CFR) Part 312 titled Standards and Practices for .All Appropriate Inquiries, as
required under Sections 101(35)(B)(ii) and (iii) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). To complete the Phase I ESA, Geocon will perform the
following tasks:
1) Perform a visual survey of the properties adjacent to the Specific Plan area and from public
thoroughfares to observe general types of existing land use surrounding the site. Perform a
visual reconnaissance of the site for indicators of hazardous materials, hazardous wastes, or soil
and/or groundwater impacts.
2) Review and interpret U. S. Geological Survey (USGS) topographic maps to obtain information
relative to the topography and physical setting of the site, previous development and uses of
the site and properties within approximately 1/4-mile.
3) Review pertinent and reasonably obtainable information sources to evaluate physiographic,
geologic, and hydrogeologic conditions in the vicinity of the site. Review publicly-available
historical sources of information pertaining to the site and nearby properties. Such sources of
information may include the following: aerial photographs, building permits, historical city
directories, topographic maps, and Sanborn fire insurance maps.
Attachment 2 Page 4
12/3/2009
Detailed Work Program - Plaza Camino Real Revkalization Project EIR
HELIX Environmental Planning, Inc.
4) Conduct interviews by telephone or in writing with representatives of the current owner(s) and
occupant(s) of the site to evaluate if present or past occupants have used, generated, stored, or
disposed of hazardous materials/wastes onsite.
5) Review documents provided by the property owner(s). Potentially useful documents may
include previously prepared geotechnical, geologic, and environmental reports; site plans; plot
plans; tenant lists; and correspondence with regulatory agencies.
6) If requested, review recorded land title records for the site in accordance with the requirements
identified in 40 CFR Part 312.
7) Conduct a search of federal, state, and local databases to obtain information regarding the
potential presence of hazardous materials/wastes on the site or on properties located within the
approximate distances specified by ASTM Standard Practice E 1527-05 and 40 CFR Part 312.
The records searched will include registries or publicly available lists of recorded engineering
and institutional controls, and recorded land use restrictions that may impact the Site.
8) Contact local public agencies by telephone or in writing to acquire readily obtainable
information regarding underground storage tank permits, agriculturally-related permits and
violations, air emission permits and violations, source of water and method of sewage disposal,
location and depth of nearest drinking water wells, and electrical transformers. The
information will be obtained for the Site only. The agencies contacted may include, but will
not necessarily be limited to, the local fire department, air pollution control agency,
agriculture department, water and sewer agencies, and gas and/or electric utility companies.
9) Review reasonably obtainable regulatory agency files for the site, if available, and/or properties
in the vicinity whose environmental conditions might potentially impact the site. These
properties will be identified based on Geocon's review of the above-referenced databases and
their visual reconnaissance activities. We will review regulatory agency files for up to four (4)
properties of potential environmental concern located in/near the boundaries of the Site. If we
determine that additional file review activities are warranted, the City will be contacted for
authorization prior to performing the additional activities.
10) Prepare a report summarizing the findings of the Phase I ESA. The report will qualitatively
describe the potential for environmental impairment at the Site. If necessary, the report will
also provide recommendations for additional environmental services (e.g., a Phase II ESA),
based on the findings of the Phase I ESA. The report will identify any "data gaps" (i.e., lack of
or inability to obtain information required by ASTM Standard Practice E 1527-05 and 40 CFR
Part 312). If the data gaps influence our ability to render an opinion regarding the
environmental condition of the Site, the report will comment on the significance of the data
gap(s).
Attachment 2 Page 5
12/3/2009
Detailed Work Program - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
Noise
To address construction and operational noise impacts of the revitalization project, HELIX will
conduct field inspections of the Specific Plan area, document and photograph surrounding
developments and land features, and measure the existing traffic sound levels at locations in
potentially affected noise sensitive areas. While in the field, the locations for facility HVAC and
refrigeration equipment, if applicable, will be determined and 1/3 octave noise measurements will be
taken. The traffic report will also be reviewed to extract traffic data for use in the traffic noise model.
HELIX will evaluate and analyze grading and temporary construction noise impacts associated with
the proposed project. Calculations will be performed to determine expected noise levels at nearby
sensitive receptors, due to construction activity. If it is determined there is the potential for temporary
construction noise impacts, then HELIX would conduct a temporary sound attenuation barrier
analysis and/or other potential mitigation analysis to reduce combined noise impacts to neighboring
properties to meet acceptable code levels.
To address operational traffic noise, HELIX will develop and calibrate the Traffic Noise Model (TNM
version 2.5) with the topographic data from the contractor supplied freeway/ interchange CAD model
of the existing area and terrain using the measured sound level data and actual traffic counts. The
future roadways and traffic volumes as provided in the Traffic Report to develop current and future
traffic noise contours and evaluate exterior traffic noise levels created by El Camino Real, Marron
Road, and the project parking lots. The operational noise analysis will also address planned HVAC
and refrigeration equipment within 500-feet of sensitive property lines.
A Noise Impact Study will be prepared presenting the results of the noise impact evaluation and
analysis. The report will be prepared in accordance with the City of Carlsbad Noise Guidelines
Manual and Zoning Ordinance and include: a) predicted project noise levels and potential impacts;
and; b) applicable noise limits; c) mitigation feasibility to control noise to acceptable levels to comply
with requirements for the maximum allowable noise exposure to commercial land uses; d) mitigation
feasibility (if necessary) to control noise from roadways, HVAC systems, refrigeration systems, and
parking areas to less than significant impacts. The report will be summarized in the EIR
Task 2.2 Draft EIR
The Draft EIR will be prepared in collaboration with City staff and will include the following major
sections.
Executive Summary
The Executive Summary will provide an overview of the essential elements of the EIR. For easy
reference, the impacts and corresponding mitigation measures will be summarized in tabular form for
each of the projects, including a clear statement as to whether the impacts can be reduced to below a
level of significance. Alternatives considered in the EIR will be summarized and compared with the
proposed project.
Attachment 2 Page 6
12/3/2009
s
Detailed Work Program - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
Introduction
The Introduction will introduce the proposed project with a brief description of the purpose of the EIR
and description of the environmental process. It will briefly discuss the background history of the
proposed project, as well as the intended uses of the EIR for subsequent approvals and/or
environmental documents, including the parameters for future use of the EIR. Lastly, it will describe
the scope and content of the EIR.
Environmental Setting
The Environmental Setting will identify the regional location of the proposed projects, provide a
general overview of the area, and describe the existing physical features of the Specific Plan area.
Existing land use designations, zoning, and development will be identified.
Project Description
The Project Description will summarize the key elements of the proposed Specific Plan and limited
expansion project through text and graphics. To the extent possible, the Project Description will
provide a detailed discussion of the changes that will occur, including a tabular comparison of the
differences between the existing center and proposed project. Other tables and figures showing project
data will be used to reduce the length of written descriptions. Specifically, proposed zoning and land
use designations, design requirements, transportation and other infrastructure requirements, and
economic characteristics of the project will be included.
Lastly, the Project Description will include a list of the discretionary actions/approvals associated with
implementing the proposed project, and identify the agencies with the responsibility for approving
those actions. We would expect that Carlsbad would be the primary decision-making body on the
proposed project.
Environmental Analysis
The Environmental Analysis will be the heart of the EIR. Each issue area will be addressed separately
and will include the following subsections: Existing Conditions, Thresholds of Significance, Impacts,
Level of Significance Prior to Mitigation, Mitigation Measures, and Level of Significance After
Mitigation.
Based on the issues identified in the RFP, the environmental analysis is described below will be
presented in the EIR.
Aesthetics. This section will include a general description of the built and natural visual resources
within the plan area. The impact analysis will be based on one or more visual concepts described in the
Development Standards and Design Criteria of the Specific Plan. Although it is anticipated that the
proposed project will have an overall positive impact on the aesthetics along the El Camino Real
corridor, HELIX will discuss any potential negative effects that could occur, such as excessive massing
or light and glare. Potential changes in building height and massing will be addressed, based on any
changes in allowable building heights and development intensities pursuant to the proposed project.
Visual simulations provided by the project applicant will be used to illustrate the massing of the
proposed structures. HELIX's Landscape Architecture Group will conduct a peer review of the visual
simulations for the City of Carlsbad to verify they are an accurate portrayal of the project features.
Potential effects on sensitive views, such as views of from the northern gateway of the City, will be
evaluated. Appropriate measures from the Specific Plan and other recommendations that would
Attachment 2 Page 7
12/3/2009
Detailed Work Program - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
reduce or eliminate potential significant impacts of future development will be identified.
Conformance with the General Plan and Zoning Ordinance will be discussed, including the need for a
Scenic Corridor Special Use Permit.
Air Quality. This section will be based on the Air Quality Site Assessment prepared by SRA, which is
described above in Section 4.1.
Biology. This section will be based on the Biological Resources letter report prepared by HELIX,
which is described above in Section 4.1. It is likely that the issue of Biology will be discussed in the
Effects Found Not to be Significant section of the EIR due to low potential for significant impacts
caused by the developed nature of the project site and the distance between new construction and
Buena Vista Creek.
Cultural and Paleontological Resources. This section will be based on the Cultural Resources Study
prepared by ASM, which is described above in Section 4.1. It is likely that the issue of Cultural
Resources will be discussed in the Effects Found Not to be Significant section of the EIR due to low
potential for significant impacts caused by the developed nature of the project site and the limited
amount of grading likely resulting during project implementation.
For the paleontological resources discussion, HELIX will rely on geologic formation information
contained in the Geologic Reconnaissance Report and project grading plan to determine if there is a
potential to impact fossil resources. Since the majority of the site is underlain with alluvium, the
potential for significant paleontological resources is fairly low. If it is determined that any of the
future construction sites are underlain by formational materials, HELIX will disclose the resource
sensitivity of the formation and recommend construction monitoring, if appropriate.
Geology and Soils. This section will be based on the Geotechnical and Geologic Survey prepared by
Westfield's consultant and provided to HELIX for peer review. It is assumed that the survey will
address all applicable topics, including the potential for liquefaction during a seismic event and
compression during settlement. It is likely that the issue of Geology and Soils will be discussed in the
Effects Found Not to be Significant section of the EIR due to low potential for significant impacts
caused by the developed nature of the project site and the limited amount of grading likely resulting
during project implementation.
Greenhouse Gas Emissions. This section will be based on the Global Climate Change analysis
contained in the Air Quality Site Assessment prepared by SRA, which is described above in Section
4.1.
Hazards and Hazardous Materials. This section will be based on the Phase 1 ESA prepared by
Geocon, which is described above in Section 4.1. The fire hazards discussion will make note of the fact
that the Specific Plan area is developed and surrounded by urban uses that are not high fire hazard
areas and discuss the potential for wildfire hazards as a result of the proposed project. It is likely that
the issue of Hazards and Hazardous Materials will be discussed in the Effects Found Not to be
Significant section of the EIR due to low potential for significant impacts caused by the developed
nature of the project site and the limited amount of grading required during project implementation.
Hydrology and Water Quality. This section will be based on the Drainage Study and Water Quality
Report prepared by Westfield's consultant and HELIX will provide a peer review of the report. It is
assumed the Drainage Study will address pre- and post-development drainage patterns, storm flow
Attachment 2 Page 8
12/3/2009
Detailed Work Program - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
volumes and velocities, on- and off-site drainage system capacities, flood hazards, and project design
and/or mitigation measures to address identified potential concerns from the proposed development.
It is assumed the Water Quality Report will address type, location and preliminary design
characteristics for applicable site design/low impact development (LID), source control, priority
project, and/or treatment control best management practices (BMPs) to ensure conformance with
applicable regulatory requirements and avoid/reduce pollutant discharge to the maximum extent
practicable (MEP).
Land Use and Planning. This section will evaluate the relationship of the proposed project to the
various local, state and federal plans, ordinances or policies that apply to the project area, as well as
the potential for the planned
land uses to conflict with
existing development. The
existing land uses will be
described, including the
existing land use patterns in
and around the Specific Plan
area. Local plans, ordinances
and regulations that govern
land use within the area will
be summarized, including the
City General Plan; Zoning
Ordinance; Precise Plan (PP
24), Habitat Management
Plan (if applicable);
McClellan-Palomar Airport
Land Use Compatibility Plan
(if applicable), and other
policies.
The existing conditions discussion will also disclose any inconsistencies between existing structures and
current plans, policies and development regulations applicable in the project area. In evaluating land
use policy impacts, the analysis will focus on the relationship of the proposed project to the plans,
ordinances, and policies that are related to environmental resources. In addition, this section will
discuss the relationship of the proposed project to the current General Plan goals and policies. If
potential inconsistencies with adopted plans are identified that would create environmental impacts,
the Land Use and Planning section of the EIR will describe whether these potential impacts would
potentially lead to physical effects.
Mineral Resources. This section will be based in part of the Geotechnical and Geologic Survey
provided by Westfield and on research on the potential for important mineral resources on site. It is
likely that this discussion will be placed in the Effects Found Not to be Significant section of the EIR
due to the developed nature of the site and the fact that the shopping center is not planned to be
converted to an extraction operation.
Noise. This section will be based on a Noise Impact Study prepared by HELIX, which is described
above in Section 4.1.
Attachment 2 Page 9
12/3/2009
Detailed Work Program - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
Population and Housing, This section will discuss any potential impacts on population and housing
that may occur from implementation of the proposed project. This section will also discuss any
potential employment growth from project implementation and the associated influences on
population. It is likely that this discussion will be placed in the Effects Found Not to be Significant
section of the EIR since the project is proposed on a shopping center site and would result in no
changes to population levels or housing stock in the City.
Public Services. HELIX will obtain required information from the agencies responsible for providing
the following services to the Specific Plan area: fire protection, police protection, schools, parks and
other public services. Contact with those service providers will be via phone calls and/or e-mails.
Based on the available information, HELIX will describe: (1) current facilities and staffing, (2) future
plans for facilities and staff, and (3) potential effects upon public services from future development
pursuant to the proposed Specific Plan. The focus of the analysis will be on the projects' consistency
with growth management performance standards, its effect on the Zone 1 Local Facilities
Management Plan and whether or not there is a potential for adverse impacts of expanded facilities,
which may be necessary to serve future development within the plan area. Since no new residents
would be triggered by this commercial development, it is likely that any increased demand for public
services will be minimal and this issue could be summarized in the Effects Found Not to be Significant
section of the EIR.
Recreation. This section will be based on information provided by the City on the existing recreational
facilities within the City and the project area. The section will discuss existing recreation facilities, and
whether implementation of the proposed project could adversely impact the ability of the City to
provide adequate levels of recreation. The analysis will evaluate the potential for adverse impacts on
recreation to result in new construction that would have a physical impact on the environment. Since
no new residents would be triggered by this commercial development, it is likely demand for
recreation facilities will be minimal and this issue could be summarized in the Effects Found Not to be
Significant section of the EIR.
Transportation/Traffic. This section will be based on a Traffic Impact Study prepared by Westfield's
traffic consultant, as peer-reviewed under separate contract. It is assumed that the report will describe
existing conditions and address project impacts to roadway segments and intersections in the project
vicinity and parking supply on site. This information will be summarized in the EIR.
Utilities and Service Systems. This section will be based on information related to the following
utilities: wastewater treatment at the Encina Wastewater Control Facility, water facilities for the
Carlsbad Municipal Water District, storm drain facilities and solid waste facilities. The section will
discuss existing public utilities, and whether implementation of the proposed project would adversely
impact the ability of the respective utility providers to meet anticipated demand.
HELIX will also work with the City to address the long-term water supply issues associated with
implementation of the Specific Plan and subsequent development relative to SB 610/221. It is
assumed that the proposed project will not require a Water Supply Assessment or Verification Study
because the net increase in water demand triggered by the new commercial development would not
trigger the SB 610/221 thresholds (i.e., equivalent to 500 new dwelling units).
Attachment 2 Page 10
12/3/2009
Detailed Work Program - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
Other Required Considerations
Cumulative Impacts. The EIR will discuss how implementation of the proposed project could result in
significant environmental changes that are individually limited, but cumulatively considerable.
HELIX will contact surrounding cities and the County of San Diego to identify major pending or
planned land developments, which may combine with future development within the Specific Plan
area to create cumulatively considerable impacts. Cumulative impacts will be discussed for all issues
addressed in the Environmental Analysis section of the EIR. It is anticipated that the following areas
would have the greatest potential for significant cumulative impacts and will require the most
extensive analysis: air quality (including GHG emissions), traffic, and public services/utilities. Project
policies, regional plans, regulations and any recommended design measures that would reduce
cumulative impacts will be presented. Significant unmitigated impacts, if any, will be determined in
consultation with the City, with the goal of addressing and clearing these impacts at the program level
so that specific future development within the Specific Plan area would not require these issues to be
addressed in separate future EIRs and Statements of Overriding Considerations for these issues.
Growth Inducement. This section of the EIR shall summarize the project's consistency with the Citys'
Growth Management policies, in particular the Zone 1 Local Facilities Management Plan. This section
will discuss ways in which the proposed project could encourage economic or population growth, or
construction of additional housing, either directly or indirectly. Potential effects of the proposed
project on growth in surrounding areas will also be evaluated.
Effects Found Not To Be Significant. The EIR will discuss issues for which no significant impacts are
anticipated, such as mineral resources and other topics noted above. The justification for these findings
will be summarized in the EIR.
Project Alternatives. It is anticipated that up to two project alternatives will be developed in
cooperation with the City and its planning team to form the basis of the alternatives analysis for the
project. A qualitative discussion of the impacts of these alternatives, when compared with those of the
proposed project would be included in this section. The No Project alternative will be addressed as
well. Based on the RFP, it is anticipated that the Alternative Sites and Reduced Project Alternatives
will be discussed. As appropriate, alternatives considered but rejected will be discussed to fully inform
the public and decision makers of the process that went into development of the proposed plan, and
the reasons that certain alternatives that may have been preferred by others were not carried forward.
Production and Circulation of the Draft EIR
It is expected that two screenchecks of the Draft EIR will be completed. It is assumed that five copies
of the two screenchecks will be provided, and up to 50 hard/electronic copies of the Public Review
Draft EIR and its appendices will be provided to the City (as specified in the RFP). The final submittal
of the Draft EIR shall also include an Adobe PDF of the EIR on CD-ROM (with chapters broken
down). One copy of the Technical Appendices shall also be included in each submittal to the City
along with a CD-ROM containing the technical reports as Adobe PDF files. The City would provide
electronic copies of the NOP and NOP responses for an appendix to the EIR.
Attachment 2 Page 11
12/3/2009
1
Detailed Work Program — Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
Task 3. Final EIR
The Final EIR will include the Draft EIR and any changes to it, responses to all comments received on
the Draft EIR, a list of persons, organizations and public agencies commenting on the Draft EIR, and
any relevant or supporting information.
As required by CEQA, HELIX will prepare written Responses to Comments (RTC) received during
the public review period. In preparing the RTC, HELIX will work closely with the City to develop
clear, concise and supportable responses. For purposes of budgeting, it is assumed that responses will
be based on existing information, without the need for any new technical analysis or substantial
research or revisions.
It is assumed that five copies of the two screenchecks and 50 copies of the Final Draft EIR (25 bound
and 25 electronic) will be provided to the City (as specified in the RFP) for the hearing public process.
The submittal will also include an Adobe PDF of the Final Draft EIR on CD-ROM. Five bound
copies of the Certified Final EIR with technical appendices and one Master CD will be provided after
project approval.
Task 4. Findings/Statement of Overriding Considerations/MMRP
HELIX will prepare Findings and a Mitigation Monitoring and Reporting Program (MMRP). Should
significant, unmitigated impacts be associated with the proposed project, HELIX will prepare a
Statement of Overriding Considerations (SOC).
The Findings will specify which mitigation measures have been incorporated into the project, as well
as those feasible mitigation measures that have not been incorporated, with an explanation as to why
they are not proposed to be implemented. The Findings will also identify feasible alternatives that
could reduce adverse project impacts, but that are not being adopted, and will provide specific
economic, social, or other considerations as why the alternatives are infeasible.
If required, an SOC will be prepared. In cooperation with City staff, HELIX will identify any social,
economic, and other factors which justify approving the proposed Specific Plan despite the existence of
impacts that cannot be reduced to below a level of significance.
The Findings and SOC will follow the format and style generally accepted by the City. This scope
specifically excludes any economic analysis associated with demonstrating the infeasibility of
mitigation measures and/or alternatives identified in the EIR or demonstrating the overriding
considerations related to economics. It is assumed that one screencheck draft of the Findings and SOC
will be required before the final version is ready for inclusion in the Final EIR.
The MMRP will summarize all mitigation measures identified in the EIR. As discussed earlier, the
MMRP is proposed to be designed to serve as a mitigation checklist for use in identifying those
measures that apply to each future new construction within the Specific Plan area, and adding project-
specific clarifications to the mitigation requirements.
Attachment 2 Page 12
12/3/2009
Detailed Work Program - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
Task 5. Meetings and Hearings
Pursuant to RFP, HELIX will attend the following meetings during the duration of the contact:
• One (1) kick-off meeting with City staff,
• One (1) public scoping meeting;
• Two (2) meeting to discuss screencheck Draft EIR preparation with City staff;
• Two (2) meetings to review comments on the screencheck Draft EIRs;
• Two (2) meetings to review responses to comments and the Final Draft EIR;
• Up to three (3) public hearings; and
• One (1) additional meeting (the purpose of which has yet to be determined.)
HELIX's Project Manager will attend all of these meetings and hearings. In addition, limited hours
are included for key subconsultants to attend meetings and hearings. Four hours are assumed for each
meeting and six hours for each public hearing, including driving time.
Task 6. Project Management
HELIX places a high degree of importance on project management and quality control. HELIX uses a
number of project management tools to ensure that projects are maintained on schedule and within
budget. In between project meetings, conference calls can be scheduled, if needed, as a cost-effective way
to promote communication between the City, its planning team and the HELIX Team. This continuous
flow of information will allow the Project Manager to provide a monthly status report to the City
regarding tasks performed in the prior month and tasks that are anticipated to be performed in the next
month. In addition, the monthly status report will identify any unresolved issues. The Project Manager
will monitor the project schedule and contract scope, and advise City staff immediately of any issues or
concerns that are beyond HELIX's control.
As the contract progresses, the Project Manager will track project cumulative expenditures, actual costs,
project schedule and percentage complete to control costs. Should extra scope items be requested or
required that would require a budget augment, HELIX will discuss these with City prior to initiating
extra work and incurring extra expense.
Attachment 2 Page 13
12/3/2009
Attachment 3. Plaza Camino Real Revitalization Project EIR - Cost Breakdown
Task Description
1.0 Specific Plan and Technical Study
Review
1.1 Review background information
1.2 Provide Scoping Input
Task 1.0 Subtotal
2.0 Draft EIR
2.1 Technical Studies
Air Quality/Greenhouse Gases (SRA)
Biology (HELIX)
Cultural Resources (ASM)
Hazardous Materials (Geocon)
Noise (HELIX)
Technical Studies Subtotal
2.2 1st Screencheck Draft EIR
Executive Summary
Introduction/Project Description
Aesthetics
Air Quality/Greenhouse Gases
Biological Resources*
Cultural Resources/Paleontology*
Geology and Soils*
Hazards/Hazardous Materials*
Hydrology/Water Quality
Land Use and Planning
Mineral Resources*
Noise
Population/Housing*
Public Services*
Recreation*
Transportation/Traffic
Utilities and Service Systems*
Growth Inducement
Cumulative Impacts
Project Alternatives
Other CEQA Required Sections
EIR Graphics
Word Processing
QA/QC
Reimbursable Expenses
1st Screencheck EIR Subtotal
Hours by start Level
QA/QC (Mclntyre)$195
1
1
0
2
8
10
2.3 Second Screencheck Draft EIR Project Manager(Baranek)$175
4
4
8
0
8
2
12
22
16 Asst. ProjectManager(Constantino)^1<W
16
2
18
0
24
32
40
40
4
8
32
180
40 Senior LandscapeArchitect (Lewis)^175
0
0
8
8 Senior Acoustition(Terry)$170
0
50
50
0 EnvironmentalPlanner (Marcin)$160
0
0
16
40
2
58 Project Biologist(Leonard)$150
0
20
20
0 EnvironmentalPlanner (Brice)$80
0
10
10
24
8
20
4
8
16
8
8
16
4
24
2
24
32
16
214
60 Senior GISSpecialist$115
0
6
6
8
8 GIS Specialist$80
0
2
4
6
40
40
24 Word Processor$70
0
2
4
6
40
40
40 Subconsultant Cost ($)$
$5,520
$4,224
$2,500
$12,244
$0 Expenses/Overhead ($)$0
$552
$150
$422
$250
$150
$1,524
$743
$743
$1,000 Cost Sum ($)$2,300
$1,095
$3,395
$6,072
$3,450
$4,646
$2,750
$10,740
$27,658
$1,920
$4,440
$4,600
$1,600
$320
$640
$3,840
$640
$6,400
$4,000
$640
$1,600
$320
$1,920
$160
$4,000
$1,920
$400
$3,360
$3,940
$1,280
$4,120
$2,800
$3,660
$743
$59,263
$17,320
11/17/09
Attachment 3, Page 1
Attachment 3. Plaza Camino Real Revitalization Project EIR - Cost Breakdown
Task Description
Hours by staff Level
QA/QC (Mclntyre)$195
2.3 Public Review Draft EIR 16
Task 2.0 Subtotal
3.0 Final EIR
3.1 1st Screencheck RTC
3.2 Final Draft EIR
3.3 Final Certified EIR
Task 3.0 Subtotal
4.0 Findings/SOC/MMRP
6.1 1st Screencheck MMRP, Findings and
SOC
6.2 2nd Screencheck MMRP, Findings and
SOC
6.4 Final Findinqs/SOC/MMRP
Task 4.0 Subtotal
5.0 Meetings and Hearings
5.1 Staff Meetings (8 @ 4 hrs)
5.2 Public Scoping Meeting (1 (5) 4 hrs)
6.3 Public Hearings (3 (S> 6 hrs)
Task 5.0 Subtotal
6.0 Project Management
6.1 Project Management (12 mo @ 8
hrs/mo)
Task 6.0 Subtotal
26
6
6
4
4
0 Project Manager(Baranek)$175
38
20
8
8
36
8
8
2
18
32
4
18
54
96
96 Asst. ProjectManager(Constantino)^100
8
228
40
16
8
64
16
4
4
24
32
4
36
16
16 Senior LandscapeArchitect (Lewis)$175
8
0
0
0
0 Senior Acoustition(Terry)$170
50
0
0
0
0 EnvironmentalPlanner (Marcin)$160
58
0
0
0
0 Project Biologist(Leonard)$150
20
0
0
0
0 EnvironmentalPlanner (Brice)$80
40
324
8
24
16
48
32
24
56
0
0 Senior GISSpecialist$115
14
0
0
0
0 GIS Specialist$80
12
82
0
0
0
0 Word Processor$70
40
126
24
24
16
64
16
8
24
0
0 Subconsultant Cost ($)$12,244
$0
$0
$0
$0 Expenses/Overhead ($)$5,000
$8,267
$200
$2,500
$1,000
$3,700
$200
$200
$1,000
$1,400
$400
$50
$150
$600
$0
TOTAL 37 250 1 386 8 50 58 20 428 | 14 82T 214 12,244 13,967 Cost Sum ($)$15,880
$120,121
$11,190
$9,100
$5,600
$25,890
$7,660
$4,480
$1,750
$13,890
$9,200
$1,150
$3,300
$13,650
$18,400
$18,400
$ 195,346
Note: Cost breakdown assumes that topics marked with an * can be discussed in the "Effects Found Not to be Significant" section in EIR.
11/17/09
Attachment 3, Page 2
Cost Proposal Assumptions — Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
ATTACHMENT 3 (CONTINUED)
HELIX COST PROPOSAL
HELIX proposes to provide the services described in our Detailed Work Program (Attachment 2) for
a not to exceed fee of $195,346. Our 2009 schedule of fees is attached for reference purposes.
The following assumptions were made in estimating the cost to complete the EIR:
• The NOP will be prepared by the City and several issues identified in the RFP will end up in
the "Effects Found Not to be Significant" section within the EIR, including biological
resources, cultural and paleontological resources, geology/soils, hazards/hazardous materials,
mineral resources, public services, recreation and utilities and service systems. This approach
to EIR scoping results in time and cost savings to the City since fewer topics will be detailed
in the body of the EIR.
• The EIR will be focused on the following topics with the potential for significant impacts:
aesthetics, air quality/greenhouse gases, hydrology/water quality, land use and planning,
noise, and transportation/traffic. Additional fees would be needed to shift other topics into
the body of the EIR.
• The City will provide HELIX with current available digital baseline data for producing all
maps and graphics contained in the Specific Plan or applicant submittal package, which
should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn
(Microstation), .eOO (Arclnfo export coverages), or .shp (ArcView shapefiles). In some cases,
.pdf files will be acceptable.
• The City will provide HELIX with bound and electronic copies of the technical study related
to traffic and parking. The technical study will address traffic at a sufficient level of detail to
support the EIR impact analysis for the proposed project.
• Westfield will provide a Geotechnical and Geologic Survey, Drainage Report, Storm Water
Management Plan, and Visual Simulations and HELIX will provide third-party review of
those technical studies. Any report revisions required from the peer review process will be the
responsibility of Westfield's consultants to implement.
• Once preparation of the first screencheck version of technical reports and/or the Draft EIR has
begun, no changes to the project description and associated assumptions will occur such that
major revisions to the project description or re-analysis of any environmental issue will be
required.
• No biological or cultural resources field surveys will be required to evaluate potential project
impacts.
• If revisions to technical appendices drafted by HELIX or its subconsultants are warranted
after public review, HELIX will discuss the extent of changes with the City and determine
whether they are within the scope of work detailed in the contract.
• Two screenchecks of the Draft EIR, Final EIR and MMRP/Findings/SOC will be submitted.
• Meetings will be billed on a time-and-materials basis based on attendance requests from the
City; unused meeting time will not be billed.
• Costs associated with additional meetings, and/or additional technical studies and reports
("additional work") are not included within the scope of services required of HELIX under this
proposal.
Attachment 3, Page 3
12/3/2009
Cost Proposal Assumptions - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
HELIX is not responsible for the preparation of property owner mailing lists/labels, charges
associated with the publication of notices in local newspapers, or document filing fees (such as
County Clerk filing fees and California Department of Fish and Game environmental review
filing fees). HELIX is not responsible for distributing the Draft and Final EIRs.
The assumed cost of reproducing the Draft EIR is based on approximately 250 pages and 50
supporting graphics. The technical appendices will consist of approximately 300 pages with
up to 10 color pages. The numbers of copies of deliverable documents included in the current
cost estimate is specified in the scope of services. If City staff request additional copies of
documents, these will be produced and billed on a time and materials basis.
HELIX will prepare responses to up to 50 substantive comments.
The scope of services related to the Findings and Statement of Overriding Considerations do
not include generating overriding considerations related to financial feasibility.
Public hearings regarding the environmental document will be held at City Hall, and the City
will supply any required audio-visual equipment.
Project management will require up to eight hours per month of HELIX's Project Manager
time over a period of 12 months. If there are unanticipated delays in the schedule unrelated
to HELIX, additional budget may be needed.
Attachment 3, Page 4
12/3/2009
MO
Exhibit 2
AGREEMENT BETWEEN CITY AND APPLICANT
FOR PAYMENT OF EIR CONSULTANT
EIR 09-02 PLAZA CAMINO REAL REVITALIZATION PROJECT
THfS AGREEMENT is made this (P>* day of ^(Le^/oU^ .20 Of , between the
CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to
as CITY, and PLAZA CAMINO REAL, a California limited partnership hereinafter referred to as
"APPLICANT".
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request for approval of a
proposed project identified as Plaza Camino Real Revitalization project requiring an
Environmental Impact Report; and
WHEREAS, CITY has determined that its current staff is inadequate in number to
process the Environmental Impact Report in a timely and thorough manner; and
WHEREAS, APPLICANT in order to ensure the expeditious processing of said
Environmental Impact Report desires to pay to CITY the amount necessary to hire a
CONSULTANT.
NOW, THEREFORE, in consideration of the covenants and conditions, it is
agreed as follows:
1. The CITY will engage the firm of HELIX Environmental Planning, Inc.
hereinafter referred to as "CONTRACTOR" to perform the necessary work in the processing
and monitoring of the Environmental Impact Report for that area more particularly depicted upon
a site map attached as Attachment 1 and made a part of this agreement.
2. It is understood that the CONTRACTOR services shall conform to the
Proposal attached as Attachment 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
1 Approved Revisions 12/10/09
d) Such other work necessary to properly evaluate the proposed
project as directed by the Planning Director.
3. It is understood that the CITY will direct the CONTRACTOR to complete a
draft and final Environmental Impact Report at the earliest feasible time. The CITY will advise
the APPLICANT in writing of any impacts which may render the proposed project infeasible
within a reasonable time after CITY has received the CONTRACTOR 's conclusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost of the
CONTRACTOR 's services. Such cost shall be based on the costs set forth in Attachment 3.
The APPLICANT has advanced the sum of $195,346 as payment on account for the actual cost
of the CONTRACTOR'S services. CITY will provide APPLICANT copies of all CONTRACTOR'S
invoices upon receipt. In the event it appears, as the work progresses, 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 feasible, that
no further work will be performed by the CONTRACTOR incurring 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 CONTRACTOR shall be an independent
contractor of the CITY and CITY shall not be liable for any negligent acts or omissions of the
CONTRACTOR. The APPLICANT agrees to permit the CONTRACTOR to enter upon the
property and to perform all work thereon as the CONTRACTOR deems necessary to complete
the Environmental Impact Report. It is agreed that the APPLICANT will not interfere with the
CONTRACTOR in the performance of such work or attempt to influence such CONTRACTOR
during the course of the investigation and report.
6. It is understood that the CONTRACTOR'S responsibility will be solely to
the CITY, and that the CONTRACTOR'S accountability will be solely to the CITY, and not the
2 Approved Revisions 12/10/09
APPLICANT, who is not an intended beneficiary of the CITY'S agreement with the
CONTRACTOR for the processing and monitoring of the Environmental Impact Report.
7. It is understood that the CITY will attempt to bring the Environmental
Impact Report to Planning Commission and City Council as soon as possible, barring no delays
from the APPLICANT.
8. The City shall not be required to defend any third party claims and suits
challenging any action taken by the City with regard to any procedure or substantive aspect of
the City's environmental process and approval of development of the property. If the City, in its
sole and absolute discretion defends such action or proceeding, the Applicant shall be
responsible and reimburse the City for whatever legal fees and costs, in their entirely, may be
incurred by the City in defense of such action or proceeding. The City shall have the absolute
right to retain such legal counsel as the City deems necessary and appropriate. Applicant shall
reimburse the City for any award of court costs or attorney fees made against City in favor of
any third party challenging either the sufficiency of a negative declaration or EIR or the validity
of the City's approval of the application. This obligation survives until all legal proceedings have
been concluded and continues even if the City's approval is not validated. If the Applicant
agrees to a rescission of its permits and entitlements, the Applicant is not obligated to provide or
pay for a defense under this contract.
Approved Revisions 12/10/09
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day
and year first above written.
Executed by APPLICANT this to day of 20
APPLICANT:
PLAZA CAMINO REAL, a California limited
partnership
By: PCRGP, L.P., a Delaware limited
partnership, its general partner
By: Plaza Camino Real, LLC, a Delaware
limited liability partnership, its general
partner
By: Westfield America Limited Partnership, a
Delaware limited partnership, its sole
member
By: Westfield U.S. Holdings, LLC, a
Delaware limited liability company, its
general partner
(Name of Applicant)
.-•-7
By:
(sign here)/
Rory. A. Pa ssistant Secretary
CITY OF CARLSBAD, a municipal
corporation of the State of California-»
City Manager or Mayor
ATTEST:
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
MA/A^
ssistant City Attorney
Approved Revisions 12/10/09
Agreement between City and Applicantn
For Payment of EIR Consultant
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES)
) ss.
On December 10, 2009, before me, Annie M. Zettel, a Notary Public
personally appeared Rory A. Packer
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(jSnSignature (Seal)
ANNIE M. ZETTEL
Commission # 1794435
Notary Public - California
los Angeles County
' fgi, 2012
ATTACHMENT 1
V
SITEMAP
NOT TO SCALE
Plaza Camino Real Revitalization
EIR 09-02 / SP 09-01 / SDP 09-04 / SUP 09-07
Attachment 2
REVISED Cost Proposal Assumptions - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
HELIX COST PROPOSAL
HELIX proposes to provide the services described in our revised Detailed Work Program (dated
11/17/09) for a not to exceed fee of $195,346. A breakdown of these fees by task and staff is provided
below in Table 2. Our 2009 schedule of fees is attached for reference purposes.
The following assumptions were made in estimating the cost to complete the EIR:
• The NOP will be prepared by the City and several issues identified in the REP will end up in
the "Effects Found Not to be Significant" section within the EIR, including biological
resources, cultural and paleontological resources, geology/soils, hazards/hazardous materials,
mineral resources, public services, recreation and utilities and service systems. This approach
to EIR scoping results in time and cost savings to the City since fewer topics will be detailed
in the body of the EIR.
• The EIR will be focused on the following topics with the potential for significant impacts:
aesthetics, air quality/greenhouse gases, hydrology/water quality, land use and planning,
noise, and transportation/traffic. Additional fees would be needed to shift other topics into
the body of the EIR.
• The City will provide HELIX with current available digital baseline data for producing all
maps and graphics contained in the Specific Plan or applicant submittal package, which
should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn
(Microstation), .eOO (Arclnfo export coverages), or .shp (ArcView shapefiles). In some cases,
.pdf files will be acceptable.
• The City will provide HELIX with bound and electronic copies of the technical study related
to traffic and parking. The technical study will address traffic at a 'sufficient level of detail to
support the EIR impact analysis for the proposed project.
• Westfield will provide a Geotechnical and Geologic Survey, Drainage Report, Storm Water
Management Plan, and Visual Simulations and HELIX will provide third-party review of
those technical studies. Any report revisions required from the peer review process will be the
responsibility of Westfield's consultants to implement.
• Once preparation of the first screencheck version of technical reports and/or the Draft EIR has
begun, no changes to the project description and associated assumptions will occur such that
major revisions to the project description or re-analysis of any environmental issue will be
required.
• No biological or cultural resources field surveys will be required to evaluate potential project
impacts.
• If revisions to technical appendices drafted by HELIX or its subconsultants are warranted
after public review, HELIX will discuss the extent of changes with the City and determine
whether they are within the scope of work detailed in the contract.
• Two screenchecks of the Draft EIR, Final EIR and MMRP/Findings/SOC will be submitted.
• Meetings will be billed on a time-and-materials basis based on attendance requests from the
City; unused meeting time will not be billed.
• Costs associated with additional meetings, and/or additional technical studies and reports
("additional work") are not included within the scope of services required of HELIX under this
proposal.
1
11/17/2009
REVISED Cost Proposal Assumptions - Plaza Camino Real Revitalization Project EIR
HELIX Environmental Planning, Inc.
HELIX is not responsible for the preparation of property owner mailing lists/labels, charges
associated with the publication of notices in local newspapers, or document filing fees (such as
County Clerk filing fees and California Department of Fish and Game environmental review
filing fees). HELIX is not responsible for distributing the Draft and Final EIRs.
The assumed cost of reproducing the Draft EIR is based on approximately 250 pages and 50
supporting graphics. The technical appendices will consist of approximately 300 pages with
up to 10 color pages. The numbers of copies of deliverable documents included in the current
cost estimate is specified in the scope of services. If City staff request additional copies of
documents, these will be produced and billed on a time and materials basis.
HELIX will prepare responses to up to 50 substantive comments.
The scope of services related to the Findings and Statement of Overriding Considerations do
not include generating overriding considerations related to financial feasibility.
Public hearings regarding the environmental document will be held at City Hall, and the City
will supply any required audio-visual equipment.
Project management will require up to eight hours per month of HELIX's Project Manager
time over a period of 12 months. If there are unanticipated delays in the schedule unrelated
to HELIX, additional budget may be needed.
11/17/2009
STATE OF CALIFORNIA )
SS:
COUNTY OF LOS ANGELES )
Date: December _/g, 2009
Being duly sworn, deposes and says:
1. That I, Elizabeth P. Satterthwaite, Senior Vice President and Assistant
Secretary of Westfield U.S. Holdings, LLC, a Delaware limited liability
company, the sole owner of CMF, Inc., the sole member of CMF PCR
LLC, a Delaware limited liability company.
2. Rory A. Packer, as Assistant Secretary of Westfield U.S. Holdings, LLC,
is duly authorized to execute documents on behalf of CMF PCR LLC, as
Applicant and Owner.
CMF PCR LLC, a Delaware limited liability company
By: CMF, Inc., a Delaware limited liability company, its sole member
By: Westfield U.S. Holdings, LLC, a Delaware limited liability company, its sole
owner
By:
Elizabeth P. Satterthwaite
Senior Vice President and
Assistant Secretary
If
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES)
) ss.
On (j)jLtJts
Public
personally appeared
10. 3001 before me, Ann,'t //. Ze,, a Notary
(P> cJL/£r-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Limm fa (Seal)
_I_JLJL.I • •it'*r''-J-f
ANNIE M. ZETTEL L
Commission* 1794435 *
Notary Public - California |
Los Angeles County 1
^CofjmExpfr*Apf2i^2012 I
CMF, Inc.
Structure at 12/22/08*
See WEA Group Structure Overview Chart
Westfield US Holdings, LLC
CMF
(QF
100%
, Inc.
*S)
CMF UTC
North LLC
Holds No
Property
MP North\
LLC J
Rob-
-—--
Ground Lease
100%
CMF MP South>
LLC j
CMF UTC
South LLC
Holds No
Property
CMF NCF
South LLC
CMF Santa
Anita LLC Ground Lease
With City
CMF NCF
North LLC
Ground Lease
with City
CMF WheatonN
Borrower LLC )»^ ... __S
CMF PCR LLC
Rob-Ma^
Fee
Rob-Ma^
^. '-^^
Ground Lease
'CMF RichlandN
LLC J
Lazarus
Fee"Revised to reflect the following 2008 Transactions:
Contribution by WEA of CMF Fox Hills LLC to WALP on 2/5/08
Contribution by WEA of the ground lease at Wheaton by to Wlieaton Plaza Regional Shopping Center
LLP on 3/14/08. On 6/13/08 CMF Wheaton LLC was dissolved.
Contribution by WEA of CMF PWC LLC to WALP on 5/1/08
Contribution by WEA on 12/22/08 of the fee interest in the Rob-May and Macys store owned by CMF
UTC North LLC and CMF UTC South LLC Respectively. The properties were contributed to WALP and
ultimately contributed to University Towne Center, LLC (See UTC/Valley Fair chart for further details).
Legend:
/'Partnership^
V^ or LLC J
STATE OF CALIFORNIA )
SS:
COUNTY OF LOS ANGELES )
Date: December /Q, 2009
Being duly sworn, deposes and says:
1. That I, Elizabeth P. Satterthwaite, Senior Vice President and Assistant
Secretary of Westfield U.S. Holdings, LLC, a Delaware limited liability
company, the general partner of Westfield America Limited Partnership, a
Delaware limited partnership, the sole member of Plaza Camino Real
LLC, a Delaware limited liability company, the general partner of
PCRGP, L.P., a Delaware limited liability company, the general partner of
PLAZA CAMINO REAL, a California limited partnership.
2. PLAZA CAMINO REAL is the Owner of Westfield Plaza Camino Real in
Carlsbad, California.
3. Rory A. Packer, as Assistant Secretary of Westfield U.S. Holdings, LLC,
is duly authorized to execute documents on behalf of PLAZA CAMINO
REAL as Applicant and Owner.
PLAZA CAMINO REAL, a California limited partnership
By: PCRGP, L.P., a Delaware limited partnership its general partner
By: Plaza Camino Real LLC, a Delaware limited liability company, its general partner
By: Westfield America Limited Partnership, a Delaware limited partnership, its sole
member
By: Westfield U.S. Holdings, LLC, a Delaware limited liability company, its general
partner
Elizabeth P. Satterthwaite
Senior Vice President and
Assistant Secretary
"52.
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES)
) ss.
On
Public
personally appeared
c2#0<?before me,fl?.a Notary
P-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(JI^T^U>Signature ft).(Seal)
ANNIE M _
Commission # i '9/1435
Notary Puoilc - California
Los Angeies County
.2013
Plaza Camino Real
Structure at 9/7/2006
See Separate Chart for
Ownership above WALP
Westfield America Limited
Partnership (The OP)
49.9%
LP*
99%
LP
L
100%
Plaza Camino Real LLC
1%GP
PCRGP, L.P.Westfield Head LP 1
33.267% GP *
16.833% LP
Plaza Camino Real
(California Limited Partnership)
100%
WestfieldShoppingtown
Plaza Camino Real
* Reflects Capital Percentage
Notes:
1. See Westfield Head LP Chart for Ownership Details
2. Structure Reflects the 3rd Parties Contributions of
their 49.9% interest (by capital) in Plaza Camino Real
in exchange for WALP units.
100%
Plaza Camino \
Service LLC )
Legend:
/^Partnership^
V or LLC J
Plaza Camino Real 9-7-06.vsd