HomeMy WebLinkAboutBRG Consulting Inc; 2009-10-21;EXHIBITro c-c
No.
AGREEMENT WITH BRG CONSULTING, INC.
FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT
EIR 09-01, DOS COLINAS
THIS AGREEMENT, made this *3Ut day of cpcT . 20 b<\. between the CITY
OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as
"CITY", and BRG Consulting, Inc. hereinafter referred to as "CONTRACTOR".
RECITALS
WHEREAS, the CITY has entered into an agreement with BRG Consulting, Inc.,
hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact
Report (EIR) for the proposed project identified as EIR 09-01, Dos Colinas which is located 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
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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. The CONTRACTOR shall submit to CITY copies (spiral bound) plus a reproducible
master of the draft Environmental Impact Report to the CITY.
(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.
2. CITY OBLIGATIONS
(a) The CITY will make payment to the CONTRACTOR as provided for in this
agreement.
(b) The CITY will make available to the CONTRACTOR any documents, studies, or
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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 six weeks of the signing of this agreement by both
concerned parties. The CONTRACTOR shall submit to the CITY ten (10) spiral-bound copies
and twenty-five (25) digital copies on CD 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 Fifty-Seven Thousand
Eight Hundred Twelve dollars ($157,812) for all work necessary to carry 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 monthly invoices, based on the percentage of the tasks
completed according to Attachment 3. The final ten (10) percent of the contract amount will be
paid, not to exceed the maximum amount provided in this agreement, within thirty (30) days
after receipt of invoice, to be submitted after the certification of the Environmental Impact Report
by the City Council.
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5. LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agreement is the sum of $157,812
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
$157,812 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.
7. COVENANTS AGAINST CONTINGENT FEES
The CONTRACTOR warrants that their firm has not employed or retained any company
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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
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
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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
Carlsbad to disqualify the CONTRACTOR from the selection process. '&L^ (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.
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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
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.
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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.
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
8 Rev. 12-24-08
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.
21. SUCCESSOR OR ASSIGNS
Subject to the provision of Paragraph 10, "Hold Harmless Agreement", all terms,
conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and
each of their respective heirs, executors, administrators, successors, and assigns.
Rev. 12-24-08
12.
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-:VM". 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
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.
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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.
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:
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For City: Title: Associate Planner
Name: Shannon Werneke
Address: 1635 Faraday Avenue
Carlsbad. CA 92008
For Contractor: Title: Vice President
Name: Tim Gnibus
Address: 304 Iw Street
San Diego. CA92101
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. 12-24-08
Executed by CONTRACTOR this day of .,20
CONTRACTOR:
BRG Consulting, Inc.
(Name of Contractor)
By: L^n 'I.
(sign here)
Erich R. Lathers, President
(print name/title)
By:
(sign here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
City^Manager or Mayor
ATT
<- -,
M. W0ODJ City Clerk
(print name/title)
(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
Bv:
AssistanJLCity_Atto;ney
13 Rev. 12-24-08 n
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ?-//- <9 9 before me, 44 <Z- ?#"*<. z— Notary Public,
personally appeared & A/c.6 /*?. /.s>rrfers , who proved to me
on the basis of satisfactory evidence to be the person^ whose pamg(s) ig/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in Jiis/her/their
authorized capacitv(ies). and that by his/her/their signatures) on the instrument the jjerspnfs).
or the entity upon behalf of which the Qficson(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 of Notary)
COMM. 91808373Notary Public-California
San Dtegorl»y Conrn Explm Aua 24 2B12
Rev. 12/17/2007
CCRC and RV Storage/Garden Site
WOT TO SCALE
SITEMAP
Dos Colinas
EIR 09-01
<\
Proposal
to prepare an
Environmental Impact Report
(EIR 09-01)
RECEIVED
AUG 0 7 2009
CITY OF CARLSBADPUNNING DEPT
for the
Dos Colinas Project
(Dos Colinas Project located in
Local Facilities Management Zone 15)
August 7, 2009
Proposal for the Dos Colinas Project EIR
1.0 PROJECT UNDERSTANDING AND APPROACH
Project Understanding
BRG Consulting, Inc. is very pleased to provide this proposal for the preparation of an Environmental Impact
Report (EIR) and supporting CEQA documentation and related services for the proposed Dos Colinas
project located in the northwest quadrant of the City.
This important project would be directly served by the connection of College Boulevard Reach A, the
construction of which would complete the roadway's connection between El Camino Real and Cannon
Road. The Dos Colinas project would provide for additional housing opportunities in the City, which would
further the City's Housing Element goals and objectives to provide a variety of housing types within the City.
As proposed, the Dos Colinas project would consist of a 309-unit Continuing Care Retirement Community
(CCRC), the relocation of a Recreational Vehicle (RV) storage and garden lot for the residents of the
Rancho Carlsbad Mobile Home Park (RCMHP), and up to 29 income-restricted multi-residential units.
The project site consists of 55.66-acres of predominantly vacant land located entirely within the limits of
Local Facilities Management Zone 15. Several infrastructure type of improvements are also proposed
offsite, such as the construction of a "soft" storm drain channel.
Topographically, the southwestern portion of the CCRC and RV Storage/Garden site consists of relatively
level, low-lying terrain while the northeastern portion of the site is characterized by steep-to-gently sloping
terrain. A majority of the project area is located within a Proposed Standards Area of the Habitat
Management Plan (HMP) for Natural Communities in the
City of Carlsbad and is currently vegetated with a wide
range of non-native and native sensitive habitat
communities. As such, the project will be subject to the
requirements of the HMP. In addition, portions of the site
are also located within the 100-year flood plain.
The affordable housing site is located on a parcel
approximately 400 feet southeast of the CCRC and RV
Storage. This site is generally flat and the elevation change
from the northern property line to the southern property line
amounts to approximately three feet. The applicant
currently proposes to construct up to 29 low income multi-
family affordable units. The size and mixture of units as well
as the number of parking spaces provided may change as
the project will require a redesign to address initial City
comments. Also, Agua Hedionda Creek traverses from
east to west across the northern extent of the property.
Proposal
Environmental Impact Report
(EIR 09-01)
Dos Colinas Project(Dos Colinas Project located inLocal Facilities Management Zone 15)
August 7, 2009
Proposal for the Dos Colinas Project EIR
'** Because the parcel is located within the 100-year flood plain, retaining walls are proposed to raise the
development area out of the flood plain. In addition, cut slopes are proposed. The parcel is also located
within the HMP and is subject to HMP requirements. A 100-foot wetland buffer from the edge of the riparianmcanopy associated with Agua Hedionda Creek is proposed.
m Key Environmental Issues
Based on our understanding of the proposed project components and the environmental setting in which it
™ is located, we anticipate that the key environmental issues to be addressed in the EIR would be
•* aesthetics/grading, biological resources, hydrology/water quality, and land use planning. However, as
discussed further in Section 3.0 Scope of Work and Deliverables, the EIR will address the range of
environmental issues with potentially significant effects as identified in the City's RFP.
(H
MI General Approach
BRG will prepare an EIR for the Dos Colinas project that meets all the standards of legal adequacy under
CEQA and the CEQA Guidelines and ensures the City of a thorough, objective analysis. The EIR will meet
<m the format and content requirements of CEQA, the CEQA Guidelines, and the Carlsbad Environmental
urn Protection Ordinance (Title 19 of the Carlsbad Municipal Code). BRG will utilize existing technical studies
prepared for the project and relevant information in the City's environmental database to maximize
efficiency in the EIR preparation while minimizing the overall cost and schedule. We understand that theM|
College Boulevard Reach A Segment has been addressed in previously certified environmental
_ documentation and this EIR would be incorporated by reference where appropriate.
m
The EIR will be prepared at a level of detail that provides clear, meaningful, and objective information to
«• the staff, public, and decision-makers, and addresses both immediate and future discretionary actions and
if) permits under the project.
m 2.0 PERSONNEL, QUALIFICATIONS AND REFERENCES
BRG is pleased to present the most highly qualified team of environmental professionals to prepare the EIR
m for the proposed Dos Colinas project. As part of our work program, we will conduct third-party review of
^ the technical studies provided by the Applicant, and supplement the existing studies with impact analysis
where necessary. Our team consists of the following firms:
m BRG Consulting, Inc. - Primegl
LDN Consulting, Inc. - Air Quality, Greenhouse Gas Analysis and Noise - (Third-party Review)
m Rocks Biological Consulting - Biological Resources - (Third-party Review)
|g ASM Affiliates, Inc. - Cultural Resources - (Third-party Review)
Murbach Geotech - Geofechn/ca/ - (Third-party Review)m Environmental Resources Management - Hazards and Hazardous Materials - (Third-party Review)
LOS Engineering- Traffic /Circulation - (Third-party Review)
m Fuscoe - Wafer Qua/ify and Hydrology - (Third-party Review)
August 7, 2009
Proposal for the Dos Colinas Project EIR
The BRG Team will be led by Vice President Tim Gnibus, AICP who has over 20 years of professional
experience in the field of environmental analysis and the preparation of environmental documents in
compliance with both the California Environmental Quality Act (CEQA) and the National Environmental
Policy Act (NEPA), as well as regulatory permitting. Mr. Gnibus will be supported by a proficient team of
environmental professionals and production staff members on the BRG staff. Mr. Gnibus will be the City's
primary contact and would serve as the designated project manager for this EIR. The following provides a
description of the qualifications and experience of the project team. An organizational chart of the
project team is provided on the following page.
BRG Consulting. Inc.
BRG Consulting, Inc. is a multidisciplinary firm providing professional services in environmental planning and
impact assessment; land use planning and economics; regulatory permitting and permit monitoring; and,
preparation and presentation of environmental documentation for local, state and federal regulatory
requirements. The firm was formed as Butler Environmental Planning in 1980, and was subsequently
incorporated as The Butler Roach Group, Inc. in 1982. After doing business as The Butler Roach Group for
over 14 years, the firm changed its name to BRG Consulting in 1996.
Mr. Erich R. Lathers is President and principal project manager, providing senior technical direction of the
firm's environmental, planning and permitting services. Mr. Lathers has over 23 years of experience in the
preparation of state and federal environmental documents and environmental regulatory permitting. Mr.
Tim Gnibus, AICP, is Vice President with over 20 years, of direct experience in preparing and managing
environmental documentation pursuant to CEQA and NEPA. Mr. Ralph Kingery and Mr. Patrick O'Neill
provide senior environmental analytical expertise with an additional 30 years and 11 years, respectively, of
CEQA and NEPA experience.
BRG Consulting has a diverse and comprehensive background in environmental resources evaluation,
impact assessment and documentation, land use planning and permitting. The firm has extensive
experience with local and state requirements for compliance with the California Environmental Quality Act
(CEQA) and the federal environmental requirements mandated by the National Environmental Policy Act
(NEPA). In addition, BRG Consulting staff possesses expertise in compliance and permitting for all
associated state and federal environmental regulations, such as the Clean Water Act, Clean Air Act,
National Historic Preservation Act, California and federal Endangered Species Act, and the Mitigation
Monitoring and Reporting requirements of CEQA. BRG Consulting emphasizes a planning-oriented
approach, which identifies feasible mitigations that can be applied in the project planning and
development phase to avoid potentially significant adverse impacts. BRG possesses state-of-the-art in-
house computerized visual simulation and geographic information systems (GIS) analytical capabilities.
BRG Consulting is a California corporation and a Caltrans certified small woman-owned business (SWBE).
The firm has a permanent staff of fourteen employees that includes environmental planners and analysts,
land use planners, economists, and CAD drafting, GIS, clerical and administrative personnel. The firm is
dedicated to direct project involvement of its principals on every project.
August 7, 2009
I 1 II B 1 • III II II 11 11 Li ti I1IIIIIIIIIIIIII
Dos Colinas Project EIR
Proposed BRG Team Organizational Chart
CITY OF CARLSBAD
BRG Consulting, Inc.
Wee President/Project Manager
TimGnibus.AICP
BRG Consulting, Inc.
President - QA/QC
Erich R. Lathers
BRG Consulting, Inc.
In-House Support
Patrick O'Neill, Project Manager
Kathie Washington, Assistant Project Manager
John Addenbrooke, Environmental Analyst
Mary Bilse, Environmental Analyst
Mary Brady, Production Manager
Totran Mai, GIS Coordinator
Eddie Arcadia, Visual Simulations & CAD
Ldn Consulting, Inc.
Air Quality and Noise
Jeremy Louden
Rocks Biological Consulting
Biological Resources
Jim Rocks
Environmental Resources Management
Hazards and Hazardous Materials
Kevin Bryan
ASM Affiliates, Inc.
Cultural Resources
Sinead Ni Ghabhlain
LOS Engineering
Traffic/Circulation
Justin Rasas
Murbach Geotech
Geotechnical
Monte Murbach
Fuscoe Engineering
Water Quality and Hydrology
Paul Haaland
Proposal for the Dos Colinas Project EIR
*" BRG's state-of-the-art in-house computer system consists of one (1) G4 File Server with 385 MB RAM and
mirrored 9.1 GB hard drives, one (1) CIS PC with an Intel Core Quad Q9300 2.50 GHz processor and mirrored
250 GB hard drives, nine (9) Apple iMac computers with 2 GB of RAM and 250 GB hard drives, two (2)
PowerPC G5 Apple iMac computers with 1 GB of RAM and 75 GB hard drives, one (1) Intel Pentium Dual
•• Core 2.5 GHz PC computer with 2 GB of RAM and mirrored 250 GB hard drives, and one (1) PC notebook
— for library access, all of which are on an Ethernet network.
"* BRG maintains a networked computer workstation for each employee. We utilize the iMacs for data entry
*• and a PC computer for accounting. All of our computers are connected to the Internet. The firm has in-
house word processing personnel and BRG environmental professionals compose all technical reports
directly into the computer system.
*•
M BRG has four laser printers (Laser Jet SlOOtn, Hewlett Packard Color LaserJet 4500N, Laser Jet 4200/4300
Series, and a Hewlett Packard Laser Jet 2200dn) that are capable of printing at resolutions of up to 600 dots
per inch. The LaserWriter SlOOtn is capable of printing 11x17 graphic originals. The hp Laser Jet 4200/4300
** is solely used by the production manager to ensure quality and timely printing of documents. We also have
m a Ricoh Aficio MP 9000 high-performance b/w copier/scanner, and a Ricoh Aficio MP C3500 color
copier/scanner. All workstations are networked to the copy machines. We have complete reproduction
capabilities as well as accounts with a number of commercial printers throughout the County for large
volume document reproduction. We have set prices with outside printers for many different printing tasks
and are invoiced as jobs are completed.
All computers at BRG are running the latest Microsoft Office suite (Office 2007 for the PCs and Office 2008
m for the iMacs). Microsoft Office files are compatible across all platforms. BRG also has a Cannon Laser Jet
gjj Class 9000L Super G3 Fax Machine that is capable of transmitting faxes to multiple destinations. It can also
transmit and receive faxes on detail mode. We have a EPK-21 comb binding system machines, and a Kroy
^ Duratype 244 SE Lettering System machine. BRG also uses a Canon PowerShot G3, which is used for taking
*• photographs during field studies.
j BRG has the ability to create adobe portable document format "PDF" of our work products and to make
these PDF documents available for viewing or downloading by the public via our website
m BRGConsulting.com. BRG uses a well-established internet provider (Cox Business Services) and BRG also
^ has broadband access. We use the Internet on a daily basis to send and retrieve mail from clients and
subconsultants. We also use the Internet for research. BRG's e-mail address is "brginc@brginc.net." BRG's
1 principals carry cellular phones with them at all times. This allows staff and clients to be in contact at all
HI times.
m Key Personnel
Tim Gn/bus, A/CP, Vice President/Senior Project Manager
m Mr. Gnibus has over 20 years of experience in environmental planning and has successfully completed
M numerous EIRs for large-scale master plan projects within the City of Carlsbad, as well as other locations
August 7, 2009
Proposal for the Dos Colinas Project EIR
in Southern California. Mr. Gnibus has an expertise in State and federal environmental regulations
including CEQA, NEPA, the State and Federal Endangered Species Acts, and the Clean Water Act. His
direct experience includes project manager and primary document preparer for the Robertson Ranch
Master Plan Program EIR, Bressi Ranch Master Plan Program EIR, Carlsbad Oaks North Specific Plan
Program EIR, Carlsbad Ranch Specific Plan Amendment Program EIR, Poinsettia Properties Specific Plan
EIR, Carlsbad Golf Course EIR, and Faraday Avenue Extension Mitigated Negative Declaration. Most
recently, Mr. Gnibus was Principal-in-Charge (PIC) for preparation of the Mariner's Cove EIR in the City
of Carlsbad and is the PIC for the Bridges at Aviara/PonteBello EIR. He has a proven success record
with client relationships, agency and public interaction, budget, schedule, technical staff coordination,
consultant management, and public hearing presentations.
BRG Support Staff
Mr. Gnibus will be supported, as needed, by BRG Project Manager, Patrick O'Neill, Assistant Project
Manager, Kathie Washington, and environmental analyst John Addenbrooke. Mr. O'Neil has assisted
in the preparation of several EIRs in the City of Carlsbad including Bressi Ranch, the Carlsbad Oaks
North Specific Plan, and Mariners Cove. He is currently the designated project manager for the
preparation of the Bridges at Aviara/Pontebello EIR. BRG personnel assigned to the project also
includes Totran Mai, Geographic Information Systems (GIS) Coordinator and Eddie Arcadia, Visual
Simulation/ Graphics Specialist.
GIS Capabilities
BRG utilizes state-of-the-art software systems and applications to
provide a suite of GIS services, including GIS map production,
database development, quality control/quality assurance of spatial
data, and spatial analysis. BRG's GIS staff can design and produce
high quality cartographic maps for master plans, resource
management, and marketing with output in digital or hardcopy
formats. BRG also offers development of GIS databases and
applications through a series of GIS design strategies: needs
assessment, software selection and setup, custom application
development, training, and maintenance. BRG has the ability to work
with both vector and raster data sets (Arclnfo, DLG, DXF, TIGER,
MrSID, SDTS, and other data formats) to investigate spatial
relationships.
Visual Simulation Services
BRG has extensive experience in the preparation of computerized visual simulations of the highest
quality. We initially developed these capabilities ten years ago in support of the firm's comprehensive
environmental planning work for public agencies and private clients. We understand the value and
importance of providing accurate portrayals of proposed developments and improvements to support
August 7, 2009
Proposal for the Dos Colinas Project EIR
*" the evaluation of the visual quality effects of a proposed project. Accurate simulations can help dispel
the perception of subjectivity in the analysis of visual quality and aesthetic impacts of a project, and
BRG's simulations have consistently withstood the most critical scrutiny. BRG now enjoys a reputation
for preparing high quality, state-of-the-art simulations in a cost effective and efficient manner. Recent
«•» examples of our visual simulation capabilities include the Robertson Ranch and Mariner's Cove EIRs.
Subconsultants
«•> Ldn Consulting, Inc. - Air Quality and Noise
Ldn Consulting, Inc. (Ldn) is a California Corporation and a leading provider of acoustical, air quality
analysis and related consulting services. Ldn's professional staff has more than 10 years experience
assisting planning firms, engineers, developers and jurisdictions in the fields of acoustics and air quality.
MM Ldn's key personnel have performed numerous major and minor analyses to comply with CEQA and NEPA
— requirements throughout California. Professional services have been provided by Ldn for several
municipalities such as the cities of Escondido, Carlsbad, Encinitas, Oceanside, Vista, La Mesa, San Juan
HI Capistrano, Newport Beach, Imperial, and Murrieta, and including the counties of San Diego, Imperial,
<• Riverside and San Bernardino. Ldn staff is actively involved in the development of new regulatory
requirements though the participation in various stakeholder working groups and participating in a peer
• review group at the County of San Diego.
Key Personnel
<J Jeremy Louden, Princ/paMn-Charge
Jeremy Louden has been involved in the field of civil engineering since 1999 specializing in acoustical
and air quality analysis. Mr. Louden has over ten years of experience in the analysis and solution to
engineering problems dealing primarily with acoustics and air quality assessments. During his career,
a Mr. Louden has applied both his breadth of expertise and experience in numerous projects such as the
^ Otay Industrial Business Park Noise and Air Quality Assessment, San Vicente Central Shaft/Tunnel Noise
Assessment, Mt. Gate Construction Noise and Diesel Air Quality Toxics Assessment. Mr. Louden has
HI worked on projects for public agencies such as the San Diego County Water Authority, Imperial
(til Irrigation District, Caltrans, Cities throughout Southern California including, the Counties of San Diego,
Riverside, San Bernardino, Los Angeles, Orange and Imperial.
H|
™ Mr. Louden has been involved in various projects involving potential impacts due to aircraft, highway,
stationary sources and construction activities on humans as well as habitat and the environment. He
. has conducted acoustical and air toxics testing and has written compliance assessments related to all
types of construction and transportation activities. Working with both public agencies and private
*• developments, Mr. Louden has performed the calculations and modeling of human and habitat noise
^ impacts and required mitigation measures throughout southern California.
** Mr. Louden's technical capabilities include the use of various types of instrumentation including
* integrating sound level meters, air quality meters, octave band analyzers, accelerometers and long
August 7,2009
Proposal for the Dos Colinas Project EIR
term monitoring equipment. In addition, Mr. Louden is an active participant of the San Diego County
Noise Professionals working groups that are collaborating to establish guidance and thresholds on the
new County Noise Ordinance, Guidelines and Element of the General Plan Update. Several years ago,
Mr. Louden was awarded placement on the County of San Diego's approved CEQA Air Quality and
Noise Consulting List. Recent relevant projects include: Robertson Ranch - Carlsbad CA, Villages of La
Costa - Carlsbad CA, Sea House II Poinsettia - Carlsbad CA, Fairfield Inn & Suites - Carlsbad CA, Kelly
Ranch Village A - Carlsbad CA, and Brookfield Ranch 101 Peer Review- Imperial CA.
Rocks Biological Consulting - Biological Resources
Mr. Jim Rocks formed Rocks Biological Consulting in 2003. Mr. Rocks has over 12 years of experience as
a biological consultant in San Diego County. He is a San Diego County certified biologist with expertise
in vegetation mapping, rare plant and animal surveys, habitat assessment, wetland delineation, and
native plant revegetation throughout Southern California. Mr. Rocks has a U.S. Fish and Wildlife Service
10(a) Recovery Permit to survey for the Quino checkerspot butterfly and all California fairy shrimp. He is
also experienced in conducting surveys for California gnatcatcher, arroyo toad, least bell's vireo,
desert tortoise, southwestern willow flycatcher, burrowing owl and other sensitive wildlife species. Mr.
Rocks' experience in southern California includes assessments of biological impacts associated with
residential, commercial, and linear projects, CEQA/NEPA compliance, and environmental
permitting/compliance including those required under the Clean Water Act, the Endangered Species
Act, the Coastal Zone Management Act, and the Fish and Wildlife Coordination Act. He has
conducted and managed biology projects in a variety of southern California habitats including coastal
sage scrub, chaparral, maritime succulent scrub, Mojave Desert, riparian, freshwater marsh, and
coastal wetlands. Mr. Rocks has participated in the preparation of numerous environmental
documents, and Biological Assessments pursuant to Section 7 of the Endangered Species Act.
ASM Affiliates, Inc. - Cultural Resources
ASM Affiliates, Inc. (ASM) is a cultural resource management consulting firm that specializes in
archaeological and historical studies for compliance with local, state and federal environmental
requirements. During its nearly twenty years of business, ASM's staff has successfully completed more than
1200 cultural resource investigations for both private sector and public agency projects throughout
California, Arizona and Nevada. ASM's experience includes professional services related to:
constraints/feasibility analysis, literature overviews, predictive modeling, field reconnaissance and surveys,
archaeological sampling and testing, significance and National Register eligibility evaluations, Native
American consultation and ethnography, archival studies, construction monitoring, data recovery and
preservation planning. The ASM senior staff, Drs. Jerry Schaefer, Seetha Reddy, Brian Byrd, Sinead
Ghabhlain, and Mark Becker have more than 100 years of combined, professional experience in cultural
resource management. John Cook, the company's founder and Principal, has over 25 years of experience
and is Registered Professional Archaeologist in archaeological administration. By virtue of this experience,
all have acquired a thorough understanding of both National Historic Preservation Act (NHPA) and CEQA
compliance procedures and their project applications.
August 7,2009
Proposal for the Dos Colinas Project EIR
Key Personnel
S/nead Ni Ghabh/d/n, Sen/or Historical Archaeologist
Dr Ni Ghabhlain has more than 20 years of professional and academic experience in archaeological
research, fieldwork, and publication in the American Southwest and in Europe. Her research interests
and professional experience include architectural history, historical archaeology, museum
administration, prehistoric archaeology of the American Southwest, and medieval archaeology. Dr Ni
Ghabhlain currently serves as Senior Historical Archaeologist at ASM. In this role, she is charged with
historic structure evaluations, preparation of Historic American Engineering Record (HAER)
documentation, evaluation and data recovery of historic archaeological sites, archival research, and
historic artifact analyses. Since joining ASM in 2000, Dr. Ni Ghabhlain has directed over 70 cultural
resource studies and has authored a similar number of technical reports. These projects have included
numerous Section 106 and CEQA projects including historic structure and building evaluations,
construction monitoring programs, regional constraints-level studies, large-scale intensive surveys,
surface collections, subsurface testing programs, and full-scale data recovery and mitigation
programs. In her recent capacity as Senior Historical Archaeologist, she has also continued her
professional education by taking a number of focused courses and seminars relating to historic sites
archaeology, historic preservation, Section 106 and CEQA, historic properties surveys, historic
landscapes and eligibility evaluation of historic buildings.
Murbach Geotech - Geotechnical
Mr. Monte Murbach formed Murbach Geotech in June 2008. Murbach Geotech provides engineering
geologic and geotechnical related consulting services to engineering consulting firms, architectural
firms, developers, real estate firms and individual homeowners. Monte Murbach is a registered
geologist and certified engineering geologist with over 28 years experience in engineering geology. He
has conducted numerous soil, rock and foundation investigations as well as geologic hazard, seismic,
and landslide evaluations for clients throughout the western United States and Baja California, Mexico.
Monte has extensive project experience extending from the proposal stage dealing with fatal flaw
issues (due diligence) to preliminary geotechnical investigation report preparation, and grading and
development construction observation. Mr. Murbach is an active member of various geologic societies
in the western United States.
Environmental Resources Management - Hazards and Hazardous Materials
Environmental Resources Management (ERM) is considered the world's leading provider of environmental
consulting services. Within North America, ERM has over 1,400 professionals in 65 offices in the United States
and Canada. Locally, ERM has approximately 230 professionals in 12 offices within the West Coast. ERM
has an outstanding reputation as one of the world's leading providers of environmental, health and safety
(EHS) management and technical consulting services. Regionally, ERM has offices in Irvine from which to
draw technical experts and personnel with a vast amount of local experience.
August 7, 2009
Proposal for the Dos Colinas Project EIR
Key Personnel
Kevin Bryan, Project Manager
Kevin Bryan will serve as Project Manager and primary point of contact for this project. Some of his
project experience includes a Phase I Environmental Site Assessment in accordance with the standards
for conducting All Appropriate Inquiries (AAI) pursuant to 40 C.F.R. Part 312 ("AAI Standard") for 2325
Camino Vida Roble; Phase I Environmental Site Assessment in accordance with the AAI Standard for
2724 Loker Avenue; and, a Phase I Environmental Site Assessment in accordance with the AAI Standard
for 4630 North Avenue.
LOS Engineering - Traffic/Circulation
LOS Engineering, Inc. (LOS) is a California based traffic engineering consulting firm located in San Diego.
The firm was founded with the purpose of providing traffic and parking studies as stand-alone documents
or as part of Environmental Impact Reports/Statements. The firm's philosophy is to provide accurate, timely,
and cost-effective solutions to each client.
LOS staff has conducted analyses, prepared reports, and presented study results for over 200 traffic studies
within the San Diego region. Traffic studies included a private high school relocation, a general aviation
airport expansion, an Indian Casino, a hybrid power station, a residential community plan update, a home
improvement superstore, commercial projects up to 325,000 square feet, and residential projects ranging in
size from lot splits to 810 homes. Parking analysis experience includes parking code review, existing
demand surveys, shared parking analyses, and parking management plans. All analyses incorporate the
most current software with roadway simulation available as needed for presentations.
Key Personnel
Justin Rasas, P.E., E.E., PTOE
Mr. Rasas has over 16 years of experience in the Transportation/Traffic Engineering field. He is
responsible for the establishment of a new traffic engineering firm, and day-to-day operations of
engineering and business requirements. He has prepared traffic studies for he Harding Street Senior
Housing Project, Mariner's Cove Residential Project, Poinsettia Residential Project and Beckman Coulter
Industrial Building Expansion all within the City of Carlsbad. Mr. Rasas has also worked on the Villages of
La Costa traffic study and the Local Facilities Management Plan (LFMP) Zone 15 traffic update.
Additionally, LOS staff has prepared the traffic study for the Batiquitos Bluffs residential project that is
located in the City of Encinitas but only has access from City of Carlsbad roadways.
Fuscoe Engineering - Water Quality and Hydrology
Selected as one of the San Diego Business Journal's Top Engineering Firms, Fuscoe Engineering (Fuscoe) is a
reputable, award-winning firm providing civil engineering for land development and entitlement; survey
and mapping services; and CADD, GIS and 3D graphics. In San Diego since 1990, Fuscoe has offices
located in the Cities of Irvine, Ontario and Palm Springs. Fuscoe takes pride in embracing Full Circle
Thinking in shaping places that people enjoy through creative designs with heroic service. Full Circle
10 August?, 2009
Proposal for the Dos Colinas Project EIR
Thinking is a underlying approach and fundamental series of truths that guide how the firm operates, who is
hired and the way each project is approached. Fuscoe Engineering is a company of individuals who work
as a team dedicated to quality, service and innovation.
Key Personnel
Paul Haa/ond, P.E., Project Manager
A very capable and versatile engineering professional, Mr. Haaland has over ten years of experience
providing project design for both the private and public sectors. His background includes design for
the modification of the Kirkham Way detention basin in Poway to provide greater water quality
benefits and pollutant removal. Mr. Haaland also provided engineering services for the storm water
management in Ramona and the regional detention basin for the Imperial Valley Mall. He is well
versed in ensuring that projects meet NPDES requirements through preparation and processing of
erosion control plans, storm water pollution prevention plans, storm water management plans and
effective BMP design.
BRG's RELEVANT PROJECT EXPERIENCE
BRG has successfully prepared environmental documentation for a wide variety of projects that have
similar components and features as the proposed project. This experience includes preparation of EIRs for
Master Plans, residential projects, commercial projects, schools, parks, infill projects, and infrastructure
projects such as roadways and sewer lines. The following provides a description of our relevant project
experience and project references.
Robertson Ranch Master Plan Program EIR
Reference: Barbara Kennedy, Associate Planner
City of Carlsbad
760-602-4626
BRG prepared a Program EIR for the proposed Robertson Ranch Master Plan located in the northeast
quadrant of the City of Carlsbad. The Master Plan proposes a variety of land uses including a mixture of
residential uses (1,383 units), a village center with a local shopping center and community facility use, a
public school site, a public community park, recreational vehicle storage, trails, private recreation areas,
water quality treatment facilities, and open space. Infrastructure will be provided to support the proposed
land uses including circulation improvements, drainage and flood control, wet and dry utilities, water
quality treatment facilities, trails, and other recreational areas. Major issues associated with the project
include traffic, biological resources, and hydrology/flooding; however, the Program EIR comprehensively
addresses all potential environmental issues associated with the project.
11 August 7,2009
Proposal for the Dos Colinas Project EIR
Mariner's Cove EIR
Reference: Christer Wesferman, Senior Planner
City of Carlsbad
760-602-4614
BRG prepared an EIR for the proposed Mariner's Cove in the City of Carlsbad. The gross project site size is
approximately 13 acres. The project site is currently vacant and contains both native and non-native
vegetation.
The project proposes 40 multi-family units on four acres of the 13-acre site. The project would consist of two
rows of two- and three-story condominiums situated north and south of the proposed internal street. The
remaining nine acres of the site would be part of an open space/biological preservation or restricted area.
A public access trail system, provided in conjunction wit the California Department of Fish and Game,
would be located on the site and would warp around the development area in a horseshoe shape and
would connect to a public sidewalk on Park Drive to the east and west of the project site. Improvements to
Park Drive would also occur as part of the project. Park Drive would be widened between Neblina Drive
and Kelly Drive. Major environmental issues associated with the project include biological resources and
land use/planning.
Grantville Redevelopment Program EIR
Reference: Tracy Reed, Project Manager
City of San Diego Redevelopment Agency
6)9-236-6543
BRG prepared a Program EIR to address the potential environmental impacts associated with the
establishment of the Grantville Redevelopment Project Area located in the City of San Diego. The
proposed project area consists of approximately 970 acres located in portions of three Community
Planning areas - Navajo, Tierrasanta, and College. The project area currently contains a mixture of uses
including industrial, commercial, mining operations, and open space. The San Diego River traverses a
portion of the project area. As part of EIR preparation, BRG utilized its GIS services to prepare a detailed
estimate of existing land use development and future development potential assumptions for buildout of
the project area according to existing community plan land uses. Key environmental issues addressed in
the EIR included traffic/circulation, biological resources, water quality/hydrology and cultural resources.
BRG was also responsible for preparation of the CEQA Findings/Statement of Overriding Considerations,
Mitigation Monitoring and Reporting Program, and all CEQA related notices.
12 August 7,2009
Proposal for the Dos Colinas Project EIR
Central Imperial Redevelopment Plan, Amendments Program EIR
Reference: Sherry Brooks
Southeastern Economic Development Corporation
619-527-7345
BRG prepared a Program EIR for the Central Imperial Redevelopment Plan, Amendment 5. The Program
EIR addresses the potential environmental impacts, mitigation measures, and alternatives associated with
the proposed project. The following projects are evaluated in this Program EIR: Hilltop & Euclid Residential,
Mar Vista Mixed-Use, Village Center at Euclid and Market, Lincoln Park Paseo - Phase I, Lincoln Park Paseo -
Phase II, 54th & Imperial Residential Valencia Villas, Imperial Avenue Master Plan, Naranja & 53rd Street
Residential, 45th & Ocean View Residential, Jackie Robinson YMCA Expansion. In general, the Project Area
west of 1-805 includes the area east of 41st Street, north of Ocean View Boulevard, and south of the east
line trolley. East of 1-805, the Project Area includes the area west of Euclid Avenue, north of Ocean View
Boulevard, and south of G and Guymon Streets, and the area along the east side of Euclid Avenue
between Market Street and the Martin Luther King, Jr., Freeway (State Route 94). The Project Area also
extends east of Euclid Avenue to Flicker Street, generally between Market Street and Imperial Avenue. The
majority of the 11 project sites being analyzed are located east of 1-805 between State Route 94 and
Imperial Avenue. Major environmental issues include landscape and traffic/circulation.
Bressi Ranch Master Plan Program EIR
Reference: Christer Westman, Senior Planner
City of Carlsbad
760-602-4614
Before joining BRG, Mr. Gnibus served as the Project Manager and primary document preparer of the Bressi
Ranch Master Plan Program EIR. The Program EIR analyzed the potential impacts, mitigation measures and
alternatives of the proposed the 585-acre Bressi Ranch planned community in the City of Carlsbad. The
proposed Master Plan included a maximum of 623 residential dwelling units, 2,160,500 square feet of
planned industrial uses, a mixed-use area including community commercial uses, public facilities, open
space and supporting infrastructure. The analysis also evaluated the off-site improvements needed to
serve the project including the extension of Poinsettia Road and Alicante Road. Significant environmental
issues associated with the project included land use, traffic/circulation, agricultural resources, biological
resources, cultural resources, and hydrology water quality. The proposed project is located between the
City's Draft HMP Core 5 Preserve Planning Area and Core 6 Preserve Planning Area, with a connection,
Linkage D that crosses the southeast portion of the site. An elevation of the project's consistency with HMP
requirements, including open space configuration and revegetation requirements, was an important
aspect of the EIR analysis.
13 August 7,2009
•I
m Proposal for the Dos Colinas Project EIR
Carlsbad Oaks North Specific Plan Program EIR
Reference: Anne Hysong, Associate Planner (No longer at this position]
Before joining BRG, Mr. Gnibus served as the Project Manager and primary document preparer of the
Program EIR for the 414-acre Carlsbad Oaks North Specific Plan project. The Program EIR analyzed the
potential impacts, mitigation measures, and alternatives to a project involving: 1) the development and
operation of industrial uses allowed in the Carlsbad Oaks North Specific Plan; 2) the construction and
operation of a 1.3 mile extension of Faraday Avenue (a four lane arterial roadway connecting the cities of
Carlsbad and Vista) and El Fuente Road; and, 3) the construction and operation of an 11,700 foot segment
of the South Agua Hedionda Trunk Sewer.
The proposed project is located within a hardline preserve area of the City's Draft HMP and the property
contains a variety of sensitive biological resources. A key component of the EIR work program involved a
proactive approach to identify the least damaging alternatives for the roadway and sewer as required by
section 404 of the Clean Water Act and to address the project's consistency with HMP requirements.
Significant issues addressed in the EIR included land use compatibility with adjacent established
neighborhoods, biological resources, traffic/circulation, cultural resources, hydrology/water quality, land
form alternation, and noise and air quality.
Carlsbad Ranch Specific Plan Amendment Program EIR
Reference: Don Neu, Planning Director
City of Carlsbad
760-602-4612
Before joining BRG, Mr. Gnibus served as the Project Manager of the Carlsbad Ranch Specific Plan
Amendment Program EIR. The Specific Plan area encompasses approximately 478 gross acres consisting of
128 acres for LEGOLAND, 29 acres for the Gemological Institute of America campus, 40 acres of R&D
Office, a 280-room hotel, a 700-suite destination resort, 27 acres of specialty retail (the Carlsbad Company
Stores), 72 acres of golf course, flower fields, and open space. Major environmental issues associated with
this project included agricultural resources traffic/circulation, cultural resources, visual aesthetics, and
hydrology/water quality.
Bridges at Aviara/PonteBello EIR
Reference: Christer Wesfman, Sen/or Planner
City of Carlsbad
760-602-4614
BRG is preparing an EIR for the proposed Bridges at Aviara project, now called PonteBello, located in the
City of Carlsbad. The proposed project site consists of approximately 61 acres and the project would
include the development of 428 market rate senior condominiums and either 65 income restricted senior
apartments or 30 unrestricted market rate townhomes. The project also involves the construction of the
final segment of Poinsettia Lane, a circulation element roadway that provides an east to west connection
from Melrose Drive to Interstate 5. Major issues include traffic, visual aesthetics, and biological resources.
14 August 7,2009
Proposal for the Dos Colinas Project EIR
3.0 SCOPE OF WORK AND DELIVERABLES
BRG will prepare an EIR for the proposed project that addresses all project components as well as current
and future discretionary actions associated with implementation of the project. We understand that the
CEQA document must ultimately be certified as reflecting the independent judgment of the City. We
understand that City staff will review screencheck documents and provide comments, and our work will be
responsive to the guidance provided by the City. BRG will work closely with the City throughout the CEQA
process and follow the City Environmental Review Procedures.
BRG will prepare environmental documents that comply with the criteria, standards and procedures of the
California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.), the State
CEQA Guidelines (California Code of Regulations Section 15000 et seq.) as amended, the Carlsbad
Environmental Protection Ordinance (Title 19 of the Carlsbad Municipal Code), and the regulations,
requirements and procedures of any other responsible public agency or any agency with jurisdiction by
law over the project. If there are any conflicts between the City of Carlsbad's requirements and those of
any other agency, the City's shall prevail because the City is the CEQA Lead Agency.
The EIR will assemble all available data, provide an independent evaluation of any existing data, originate
new studies (where applicable), and provide an assessment of the probable short and long-term significant
impacts and cumulative impacts of the project. The EIR will provide an evaluation of all feasible mitigation
measures that could be carried out to reduce or eliminate adverse impacts of the proposed project. BRG
will work closely with City staff to identify project alternatives, which avoid or reduce project-related
impacts and provide a quantitative, comparative analysis of each alternative. The following provides a
detailed description of our proposed scope of services:
Task 1 Project Initiation
Project initiation will involve attendance at a kick-off meeting (see Task 10), initial data collection, and a
site visit. In preparation for the kick-off meeting, BRG will prepare a list of data needs and a refined project
schedule. As an outcome of the meeting, the project team will have a clear understanding of the roles of
each team member. The overall program approach will be discussed and the schedule will be refined.
Project goals and objectives will be identified as well as potential alternatives to be evaluated in the EIR.
Subtask 1.1 Data Collection and Site Visit
BRG will conduct initial data collection for the project and review the existing environmental database
(e.g.'s Applicant-provided technical studies, Calavera Hills Master Plan Phase II, Bridge and Thoroughfare
District No. 4 & Detention Basin EIR (EIR 98-02). We will conduct a site visit to obtain a full understanding of
the existing environmental setting of the project site and surrounding land uses. Site photos will also be
taken of the project area.
Subtask 1.2 Project Description
BRG will prepare a Project Description of the proposed project, suitable for inclusion in the EIR. The purpose
of this task is to ensure that we have a complete understanding of the project prior to commencing
15 August?, 2009
•I
m Proposal for the Dos Colinas Project EIR
environmental analysis. The City will be responsible for the preparation and distribution of the Notice of
Preparation (NOP).
Task 2 First Screencheck Draft EIR
BRG will prepare a First Screencheck Draft EIR for the project. We understand the need for the
environmental analysis to follow the thread of logic from beginning to end (i.e., setting, threshold of
significance, impact, mitigation and conclusions) and that conclusions must be supported by fact. We
understand that the role of an EIR is to identify substantial evidence that there may be a significant effect
and where there is disagreement among experts, disclose the disagreement and state the lead agency's
position. The EIR will include the sections listed below.
Table of Contents
The EIR will begin with a list of its contents including identification of all tables, figures and Technical
Appendices.
Introduction
The Introduction will define the purpose, scope and legislative authority of the EIR, requirements of CEQA
and other pertinent environmental rules and regulations. This section will also describe the EIR process,
structure, intended uses of the EIR, required contents and its relationship to other potential responsible or
trustee agencies. Supporting maps and figures will be provided.
Executive Summary
The Executive Summary will be prepared in accordance with CEQA Guideline §15123. This section will
summarize the proposed project including the project's technical and economic characteristics. This
section will identify each significant effect of the project, with proposed mitigation measures which would
reduce that effect; known areas of controversy including issues raised by agencies and the public; and,
issues to be resolved including the choice among alternatives and whether or how to mitigate significant
effects. The Executive Summary will also include a list of required discretionary approvals and
corresponding agency with approval authority.
Project Description
The Project Description will be prepared in accordance with CEQA Guideline §15124, and provide the
project location, including project location maps, within the regional context, and a description of the
proposed project, including the proposed land use site plan and circulation. This section will provide an
overview of the project's background and history. The Project Description will list the basic goals and
objectives of the project. In addition, the section will identify the scope of the proposed project that will
serve as the "Basis of Analysis." Lastly, the Project Description will include a discussion of the environmental
procedures and intended uses of the EIR, as well as list the discretionary permits and approvals required for
project implementation. Maps and figures will be provided to support text descriptions as necessary.
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Proposal for the Dos Colinas Project EIR
Environmental Setting
The Environmental Setting will be prepared in accordance with CEQA Guideline §15125. The section will
provide an overview of the local and regional physical environmental conditions. This section will describe
the existing site conditions, including a description of the existing land uses and natural resources occurring
on the project site. The Environmental Setting section will be detailed enough to constitute the baseline
physical conditions by which impact significance can be determined.
Environmental Impact Analysis
The Environmental Impact Analysis section will address all the environmental topics listed as potentially
significant in the City's CEQA checklist, some of which will be readily identified as having no potential for an
adverse environmental effect and can be treated briefly as "effects found not to be significant" (CEQA
Guidelines §15128). Each of the environmental topics with the potential for significant impacts will be fully
addressed pursuant to CEQA Guideline §15126, with the EIR analysis including a description of the relevant
environmental setting, criteria for determining significance of environmental impacts, potential
environmental impacts, level of significance of environmental impacts, recommended mitigation measures
to significantly reduce or avoid the significant impacts, and an analysis of significance or residual impacts
after mitigation measures are applied.
The EIR will provide an evaluation of feasible mitigation measures that could be carried out to reduce or
eliminate adverse impacts of the proposed project. Where several mitigation measures are available, the
basis for selection from among these measures will be discussed. The discussion of mitigation measures will
provide the background for findings under CEQA Guidelines §15091 (a). Mitigation measures will be
discussed in sufficient detail to provide the basis for the Mitigation Monitoring and Reporting Program, and
comply with CEQA Guideline § 15126.4.
Environmental Issues to be Analyzed in the EIR. The following section summarizes the BRG Team approach
to the primary technical analyses for the EIR. All text will be supported by figures, tables, and charts as
appropriate. BRG will perform all EIR analyses, with the assistance of its subconsultants for third-party review
of technical studies, as identified below.
Aesthetics/Grading. The project site is located within an area of Carlsbad that remains, to some extent,
rural in character, although the site is encompassed by existing development and approved
development projects. Sunny Creek Road remains a dirt road that serves several residences and
stables in the area. The site has varied topography and is highly visible from adjacent areas.
We understand that the grading plan, as proposed, does not comply with the City's Hillside
Development Regulations. The project will require mass grading with cut and fill slopes extending
between 30 and 35 feet in height, and retaining walls reaching 15 feet in height. Although there are
no designated protected public vistas, the project's potential visual impacts are anticipated to be a
key issue of analysis in the EIR. We understand that visual simulations will be prepared and that these
simulations will need to be evaluated in terms of technical accuracy as part of the EIR analysis. The
following approach is envisioned:
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Proposal for the Dos Colinas Project EIR
1. The existing aesthetic setting will be described in terms of public viewsheds, elevations, and
topography, and existing views onto the site, landscape features, and applicable plans and
ordinances related to visual aesthetics and grading (e.g., Scenic Corridor Guidelines, General
Plan policies, Hillside Development Regulations).
2. Three visual simulations will be prepared for the project (to be prepared by the Applicant's
engineer, Hunsaker & Associates). We anticipate that these visual simulations will show existing
conditions and the proposed development conditions including proposed graded pads and
graded pads with the proposed maximum building heights depicted, and retaining walls. BRG
has in-house visual simulation expertise, as demonstrated by the visual simulations that have
been prepared for the Robertson Ranch Master Plan Program EIR, and the Mariners Cove EIR.
BRG visual simulation staff will conduct a third-party review of the three visual simulations
prepared by Hunsaker & Associates. We assume the project engineer will provide existing and
proposed topographical information to BRG in CAD format. A maximum technical review of
three views/visual simulations have been assumed for this scope of work.
The visual simulation technical review will involve identification of any flaws in the
methodologies and/or conclusions presented in the visual simulations. If any flaws or technical
inaccuracies are identified, BRG will work with the visual simulation consultant to revise the
simulations as appropriate.
3. Thresholds to determine the significance of impact will be identified.
4. The potential impact of the project will be evaluated including compliance with the City's
General Plan, Zoning Ordinance, Scenic Corridor Guidelines, and Hillside Development
Regulations.
5. Mitigation measures will be identified for any significant aesthetic impacts.
6. The level of significance after implementation of mitigation measures (if applicable) will be
clearly stated.
Air Quality (including Greenhouse Gas Analysis). BRG will utilize the air quality and greenhouse gas
(GHG) emissions reports prepared by Investigative Science and Engineering (ISE) to prepare the Air
Quality section of the EIR. We will utilize LDN Consulting to conduct a third-party technical review of
the air quality and GHG reports. We are familiar with the format, content, and approach to air quality
analyses as conducted by ISE, which will facilitate the preparation of this section of the EIR. All air
quality impacts will be based upon Federal, State and Local Significance Thresholds. The following
approach is envisioned:
1. LDN Consulting will conduct a third-party technical review of the air quality and GHG emissions
reports prepared by ISE. This review will identify any flaws or inadequacies in the technical analysis.
A memorandum summarizing the findings of the third-party technical review will be prepared
addressing any necessary revisions, and/or any additional analysis required in order for the studies
to be deemed legally and technically defensible.
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Proposal for the Dos Colinas Project EIR
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1. Existing ambient air quality data, as provided in the ISE report(s) will be summarized and the
attainment status under the California Ambient Air Quality Standards (CAAQS) will be described.
3. Construction impacts, as estimated in the ISE report (likely per the methodologies within the 1993
CEQA Air Quality Handbook developed by South Coast Air Quality Management District
(SCAQMD) will be assessed. Best Management Practices (BMPs) and or mitigation measures will be
recommended to control onsite construction emissions and dust levels. The control of dust during
grading will be an important issue as it relates to the adjacency of the Rancho Carlsbad Mobile
Home park.
4. Operational impacts quantified by ISE, and utilizing the proposed project trip generation will be
addressed. The assessment of operational impacts will include an assessment of greenhouse gas
emissions consistent with the Global Warming Solutions Act of 2006 (AB32). CEQA is not explicitly
addressed in AB 32. However, draft revisions to the CEQA Guidelines are currently available, and
several recent court cases can be used for guidance (e.g., avoiding fatal flaws) in preparing this
component of the EIR's Air Quality section so as to ensure a legally-defensible EIR. Also, because a
key objective of CEQA is public disclosure of the reasons for agency approval of projects with
significant environmental effects, case law has established that CEQA documents should disclose
a project's contribution to climate change.
Furthermore, the Attorney General's office argues that AB 32 requires a climate change analysis.
The Attorney General's position is that AB 32 is an "adopted air quality plan" requiring the state to
reduce GHG emissions to 1990 levels by 2020. Any project that adds to emissions, conflicts with the
goal of reducing those emissions, according to the Attorney General. Projects that conflict with or
obstruct implementation of an "applicable air quality plan" should analyze that conflict in an EIR.
This argument is based on Appendix G of the State CEQA Guidelines, which lists one factor for
determining if an air quality impact is significant the consideration of whether the project would
conflict with or otherwise obstruct implementation of an air quality plan. The dilemma for EIR
practitioners and CEQA Lead Agencies is that there are no statewide significance criteria or
approved mitigation methods concerning GHG emissions, although the status of thresholds is
dynamic.
BRG would look to other Agencies and recently prepared EIRs throughout the State to develop an
appropriate, legally-defensible threshold for significance. BRG will present feasible measures to
offset or reduce project GHG emissions, as identified in AB 32.
The proposed greenhouse gas emissions of the business-as-usual plan and recommend mitigation
measures to reduce emissions as required by AB 32 will be estimated.
5. Criteria used to determine significance, and significant, less than significant, direct, and indirect
impacts resulting from the project will be identified. The level of significance after implementation
of mitigation measures (if applicable) would be clearly stated.
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Proposal for the Dos Colinas Project EIR
Biological Resources. The proposed project site is located within an undeveloped area that contains
sensitive biological resources, including native habitats and jurisdictional wetlands on and adjacent to
the site. Most of the project site is located in a Proposed Standards Area pursuant to the City's HMP.
A biological technical report has been prepared by Merkel & Associates (M&A) which will be utilized as
the basis of preparation of the Biological Resources section of the EIR. BRG will utilize Rocks Biological
Consulting to conduct a third party review of the Merkel & Associates biological resources technical
report. The following tasks are envisioned:
1. Rocks Biological Consulting (RBC) will conduct a third-party technical review of the Merkel &
Associates report. This review would involve a field review of the vegetation mapping and
wetland delineation prepared by Merkel & Associates. RBC will survey the project site and
confirm the vegetation and jurisdictional wetland delineation mapping. If any inaccuracies
are identified, revisions will be suggested in the form of a written letter report.
2. We will assess the project's consistency with the HMP, including modifications to the floodplain
associated with the project.
3. Criteria used to determine significance, and significant, less than significant, direct, and
indirect impacts resulting from the project will be identified. The level of significance after
implementation of mitigation measures (if applicable) would be clearly stated.
Cultural and Pa/eonfo/og/ca/ Resources. BRG will utilize the cultural resources study prepared by Brian F.
Smith and Associates and paleontological resources study prepared by the San Diego Natural History
Museum's Department of PaleoServices for preparation of the Cultural Resources and Paleontological
Resources sections of the EIR. The following approach is envisioned:
1. ASM Affiliates will conduct a third-party technical review of the cultural resources and
paleontological resources reports prepared by Brian F. Smith and Associates and the San
Diego Natural History Museum's Department of PaleoServices, respectively. ASM will evaluate
the adequacy and accuracy of the information prepared for the reports to ensure that all
work was conducted in accordance with the "City of Carlsbad Cultural Resources Guidelines"
(December, 1990). A brief reconnaissance of the property and any eligible resources will be
conducted to assess current conditions and aid in the assessment of Smith's findings, potential
project impacts, and proposed mitigation measures. A letter will be prepared summarized the
findings of the third-party review.
2. Criteria used to determine significance, and significant, less than significant, direct, and
indirect impacts resulting from the project will be identified. The level of significance after
implementation of mitigation measures (if applicable) would be clearly stated.
Geology/Soils. The project site is underlain by alluvial soils identified as deep and potentially
compressible. Additionally, the groundwater table is relatively shallow, and potentially soils conditions
include weak formational deposits and/or landslide deposits, surficial compressible soils, and expansive
soils. BRG will utilize the geotechnical reports prepared by Southern California Soil & Testing to prepare
20 August 7, 2009
Proposal for the Dos Colinas Project EIR
the Geology/Soils section of the EIR, with third-party technical review to be provided by Murbach
Geotech. The following approach is envisioned:
1. Murbach Geotech will conduct a third-party review of the geology reports prepared for the
project. This third-party review will include review of the Geotechnical Investigation (January
29, 2009), Updated Geotechnical Investigation (June 2, 2006), Foundation Report (October 15,
2008), and Site Infiltration Rate Observation (December 19, 2008). The scope of the third-party
review will include review of the above referenced reports, review of available published
geologic maps and reports, a site visit, review of described potential geologic hazards (e.g.,
faults), and evaluation of conclusions contained in the reports. A letter report summarizing the
results of the third-party review will be provided.
2. Criteria used to determine significance, and significant, less than significant, direct, and
indirect impacts resulting from the project will be identified. The level of significance after
implementation of mitigation measures (if applicable) would be clearly stated.
Hazards and Hazardous Materials. The project site and vicinity has the potential to be impacted by a
number of different types of hazards associated with past agricultural activities and boarding of horses.
BRG will utilize the Phase I Environmental Site Assessment (ESA) prepared by SCS Engineers as a
component of the Hazards and Hazardous Materials section of the EIR. ERM will conduct a third-party
review of the Phase I ESA technical report. The following approach is envisioned:
1. ERM will conduct a third-party technical review of the Phase I ESA (SCS Engineers, December
31, 2008). The scope of work will include technical review of the report, site reconnaissance to
review site conditions, and preparation of a summary letter report providing conclusions and
recommendations.
2. The City's Fire Marshall will be contacted to determine the acceptability of proposed
development sites adjacent to any high fire hazard areas.
3. Thresholds to determine the significance of impact will be identified.
4. Criteria used to determine significance, and significant, less than significant, direct, and
indirect impacts resulting from the project will be identified. The level of significance after
implementation of mitigation measures (if applicable) would be clearly stated.
Hydrology and Water Quality. We consider hydrology and water quality to be critical engineering and
environmental issues associated with the proposed project. The Rancho Carlsbad Mobile Home park,
which is located in the floodplain, is located adjacent (downstream) of the project site. Rancho
Carlsbad and its residents have an elevated concern regarding potential flooding impacts to their
community as a result of upstream development, and a higher level of scrutiny with respect to this issue
is expected. Also, runoff from the site is tributary to Sunny Creek, and the Agua Hedionda Creek and
Lagoon.
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Proposal for the Dos Colinas Project EIR
We will utilize the hydraulic analysis (Lyle Engineering), drainage study (Hunsaker & Associates), and
storm water management plan (Hunsaker & Associates) as the basis of preparation of the Hydrology
and Water Quality section of the EIR. We will utilize Fuscoe Engineering to conduct a third-party
technical review of these reports. The following approach is envisioned:
1. Fuscoe will review the drainage study for compliance with City of Carlsbad standards and
CEQA requirements. This review will include an evaluation of the proposed drainage systems
adequacy in regulating the discharge volumes and rates from the project site as it relates
between pre- and post-development conditions.
2. Fuscoe will review and comment on the hydraulic analysis for compliance with City of
Carlsbad Floodplain Regulations and CEQA requirements. This includes review of City
regulations and available floodplain mapping documents.
3. Fuscoe will review and comment on the Storm Water Management Plan for compliance with
City of Carlsbad standards and CEQA requirements. The scope of work will include analysis of
Low Impact Design features incorporated into the project to evaluate whether the proposed
features will, to the maximum extent practicable, allow the post-development hydrologic and
hydraulic characteristics to mimic pre-development conditions. The scope would also include
review of maintenance requirements for permanent BMPs, identified pollutants of concern,
and potential impacts to receiving water bodies.
4. Criteria used to determine significance, and significant, less than significant, direct, and
indirect impacts resulting from the project will be identified. The level of significance after
implementation of mitigation measures (if applicable) would be clearly stated.
Land Use Planning. A variety of existing, and planned land uses surround the project site. The project
will require the approval of numerous discretionary actions, with the major actions including a General
Plan Amendment, Zone Change, Sunny Creek Specific Plan Amendment, Local Facilities Management
Program Amendment (Zone 15), Residential Mobile Home Park Amendment, Site Development Plan,
Conditional Use Permit, Hillside Development Permit, Habitat Management Plan Permit, Special Use
Permit, and Variance. The following approach is envisioned:
1. The land use setting will be described in terms of all applicable land use plans and policies,
existing on-site and off-site land uses, and planned on-site and off-site land uses. Exhibits will be
provided depicting the location of existing and planned land uses, and the project's context
to other applicable plans.
2. The project's consistency with land use plans will be analyzed. This analysis will include a
detailed project analysis with respect to the project's consistency with the General Plan,
Carlsbad Habitat Management Plan, Carlsbad Zoning Ordinance (Title 21) including the
Growth Management, Inclusionary Housing, and Hillside Development Chapters, McClellan
Palomar Airport Comprehensive Land Use Plan, Landscape Manual, Open Space and
Conservation Resource Management Plan, and Local Facilities Management Plan for Zone 15.
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Proposal for the Dos Colinas Project EIR
3. Criteria used to determine significance, and significant, less than significant, direct, and
indirect impacts resulting from the project will be identified. The level of significance after
implementation of mitigation measures (if applicable) would be clearly stated.
Noise. It is anticipated that portions of the project will experience noise from the extension of College
Boulevard Reach A as well as aircraft over flight associated with the McClellan-Palomar airport. The
project will involve operational noise as well, such as loading areas associated with the senior housing
component. A noise technical analysis has been prepared by Dudek. BRG will utilize LDN Consulting
to conduct a third-party technical review of the Dudek analysis. The following approach is envisioned:
1. LDN Consulting will conduct a third-party review of the Dudek noise analysis. The scope of
work will include a review of the Los Colinas Development Plan technical noise study,
identification of relevant revisions required for the operational, construction, off-site and on-site
analyses of the noise study, determination whether additional analysis is required based upon
City requirements and the findings in the technical study, and preparation of a letter
summarizing the findings of the third-party review addressing any revisions or additional analysis
required for completion of the noise study.
2. Criteria used to determine significance, and significant, less than significant, direct, and
indirect impacts resulting from the project will be identified. The level of significance after
implementation of mitigation measures (if applicable) would be clearly stated.
Population/Housing. An amendment to the Local Facilities Management Plan (LFMP) for Zone 15 is
required to update the existing and future development potential for the zone and the anticipated
infrastructure necessary to support the proposed project. The following approach is envisioned:
1. The existing population/housing setting will be described in terms of existing population and
housing on-site, General Plan, LFMP Zone 15 allowances for the site, and housing/populations
for the project area and the City and region as a whole. We will utilize information in the City's
existing database and supplement this information with census data as appropriate.
2. The potential impact of the project will be evaluated. This will include quantification of the
increase of housing and population on the project site, and a comparison to the General Plan,
LFMP Zone 15 unit allowances. Based on a conversation with City staff, we understand that the
Applicant has conducted the LFMP Zone 15 Amendment analysis and that it will be available
for assessment and inclusion in the EIR.
3. Criteria used to determine significance, and significant, less than significant, direct, and
indirect impacts resulting from the project will be identified. The level of significance after
implementation of mitigation measures (if applicable) would be clearly stated.
Public Services and Utilities. The project site is located within Local Facilities Management Zone 15. An
amendment to the LFMP for Zone 15 is required to update the existing and future development
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Proposal for the Dos Colinas Project EIR
potential for the zone and the anticipated infrastructure necessary to support the proposed project.
The following approach is envisioned:
1. The existing public services and facilities setting will be described in terms of existing services
and facilities serving the site and shall determine the demands of the project for fire protection,
police protection, schools, parks, other public facilities, water facilities, wastewater treatment
facilities, solid waste facilities, and gas and electric service.
2. This section will evaluate water, wastewater treatment facilities, solid waste facilities, gas and
electric service, fire protection, police protection, schools, parks, and other public facilities.
Stormwater drainage facilities will be addressed in the Water Quality/Hydrology section of the
EIR.
3. The potential impact of the project will be evaluated. This will include quantification of the
increase of demand on the various public services and utilities, the ability to meet the
demand, and any expansion or new construction of facilities created by this demand that
may cause a physical impact to the environment. Based on a conversation with City staff, we
understand that the Applicant has conducted the LFMP Zone 15 Amendment analysis and
that it will be available for assessment and inclusion in the EIR.
4. The City's emergency response plans will be evaluated in conjunction with the proposed
project to determine if the project will interfere with existing plans.
5. Criteria used to determine significance, and significant, less than significant, direct, and
indirect impacts resulting from the project will be identified. The level of significance after
implementation of mitigation measures (if applicable) would be clearly stated.
Transportation/Circulation. Trip generation associated with the project is relatively low due to the type
of residential use proposed. Nonetheless, the project will result in an increase in traffic generation in the
area. Implementation of the project is dependent upon completion of College Boulevard Reach A, of
which the project will take direct access. The construction of College Boulevard Reach A has been
addressed previously in the Final Environmental Impact Report for the Calavera Hills Master Plan Phase
II, Bridge and Thoroughfare District No. 4 & Detention Basin EIR (EIR 98-02).
1. BRG will utilize LOS Engineering (LOS) to conduct a third party review of the traffic impact
analysis prepared by LLG for the proposed project. LOS will identify any flaws/inadequacies in
the analysis and conclusions. We assume that the Applicant's traffic engineering consultant
will be responsible for making any necessary changes to the traffic impact analysis report and
the report will be suitable for inclusion in the EIR.
2. Criteria used to determine significance, and significant, less than significant, direct, and
indirect impacts resulting from the project will be identified. The level of significance after
implementation of mitigation measures (if applicable) would be clearly stated.
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Proposal for the Dos Colinas Project EIR
Other CEQA Mandated EIR Sections
The EIR will contain the following CEQA mandated sections:
Significant Irreversible Environmental Changes - In accordance with Article 9 of the State CEQA
Guidelines, the EIR will contain a discussion of the irreversible environmental changes that will result
from the proposed project and unavoidable significant impacts. This section will discuss uses of
nonrenewable resources, long-term commitments of resources, and potential irreversible
environmental damage that may result from environmental accidents associated with the project.
Impacts Found Not To Be Significant - Areas of no significant impact identified in the Initial Study and
subsequent analysis for the EIR will be listed. The justification for such findings will be based on the Initial
Study and results of the Draft EIR analysis.
Cumulative Impacts - The discussion of cumulative effects is an increasingly important analysis in EIRs.
The Cumulative Impacts section will evaluate whether individual project impacts are cumulatively
significant when viewed in combination with other projects. The section will discuss the potential of the
proposed project to compound or increase adverse environmental impacts when added to other
closely related past, present and reasonably foreseeable future projects and project impacts. BRG will
work closely with City staff to identify cumulative projects. This section will discuss any indirect,
cumulative impacts and evaluate compliance with adopted threshold standards and applicable
policies and programs.
Growth-Inducing Impacts - The Growth Inducement section will assess the potential of the proposed
project to induce economic or population growth and the construction of additional housing, either
directly or indirectly, in the surrounding environment. The analysis will evaluate the project relative to
the phasing of community services and facilities to serve new development. An analysis of the
LFMP/Growth Management Plan and its ability to provide adequate infrastructure to meet the
demand as the project builds out will also be included. The section will discuss the potential for the use
of large amounts of fuel or energy and evaluate the project's compliance with regional and local
growth management policies.
Alternatives
The Alternatives section of the EIR will identify a reasonable range of alternatives that could feasibly attain
the basic objectives of the project, but reduce significant impacts. Alternatives evaluation will be a critical
component of the environmental review and mandated by CEQA. The alternatives will be fully defined
and analyzed in the First Screencheck Draft EIR submitted to the City. This section will include, at a
minimum, four project alternatives: 1) the "No Project" which analyzes what would be reasonably
expected to occur in the foreseeable future if the project were not approved, based on the current
General Plan and consistent with available infrastructure and community services; 2) an "Existing General
Plan + Existing Specific Plan Alternative" which would analyze the intensity of development currently
permitted under the General Plan Land Use Designations and the existing Sunny Creek Specific Plan; 3) an
"Environmentally Superior/Reduced Impact" Alternative which would emphasize avoidance of wetlands
and other native habitats, and landform alternation/visual impacts; and 4) an "Alternative Site" Analysis
25 August 7,2009
Proposal for the Dos Colinas Project EIR
which would analyze the same or similar project at an alternative location within the City based on
consultation with City staff. The analysis for each alternative will include a qualitative and qualitative
comparative analysis for the relative environmental impacts and merits of each.
References, Persons and Agencies Contacted and EIR Preparation
This section will include lists of all references and persons and agencies contacted in the preparation of the
EIR. This section will also list all persons involved in the preparation of the document, their title and role.
Technical Appendices
The EIR Appendices will include an Initial Study (if prepared, and provided by the City), a copy of the NOP,
public comments on the NOP, and any technical studies prepared for the project.
Task 3 Second Screencheck Draft EIR
BRG will revise the First Screencheck Draft EIR in response to City comments and provide five (5) copies of
the Second Screencheck Draft EIR in three-ring binders (including Appendices) for City review and
comment.
Task 4 Pratt EIR
BRG will incorporate City comments on the Second Screencheck Draft EIR and perform a quality control
review. BRG will then provide the City with the required amount of copies of the Draft EIR and Technical
Appendices. The Draft Mitigation Monitoring and Reporting Program will be available for public review.
Our scope of work assumes the City will be responsible for the preparation and posting of the Notice of
Completion and Notice of Availability of the Draft EIR, and distribution of the EIR to the appropriate
agencies and individuals.
Task 5 Screencheck Final EIR
BRG will prepare five (5) copies of the Preliminary Final EIR including Responses to Public Comments (not to
include the Technical Appendices unless revised) for City review and comment. Upon close of public
review of the Draft EIR, BRG understands our role will be to review all comments and prepare a summary of
general comment categories. We will meet with City staff to discuss the general approach to responding
to public comments. After agreeing to the approach, BRG will number each individual comment and
prepare corresponding responses, including identification of responses that affect or supplement
information contained in the Draft EIR. BRG will modify the text of the Draft EIR or add footnotes to the
margins identifying relevant responses to comments. Of course, City staff shall make final determination on
the adequacy of responses to comments.
The fee proposal included herein assumes a total of 200 individually numbered comments will be received
on the Draft EIR. Please note a single comment letter may contain numerous numbered comments. The
estimate of the level of effort in responding to comments is based on a moderate to high level of
controversy.
26 August 7, 2009
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Proposal for the Dos Colinas Project EIR
Task 6 Draft Final EIR
BRG will incorporate City comments on the screencheck Final EIR in response to City comments.
Task 7 Final EIR
BRG will incorporate City comments on the Draft Final EIR and perform a final quality control review.
Task 8 CEQA Findings of Fact/Statement of Overriding Considerations
Subtask 8.1 Screencheck CEQA Findings/SOC
BRG will prepare the Candidate CEQA Findings pursuant to CEQA Guideline §15091 for ultimate submittal
to the City Planning Commission and City Council. BRG will prepare draft Candidate Findings to be
submitted for City staff review at the Second Screencheck Draft EIR. BRG will identify project changes,
alterations and required mitigation identified in the Draft EIR, which avoid or substantially lessen significant
environmental effects. If there are mitigation measures or alternatives to the project identified in the EIR
which could reduce the adverse consequences of the project but which are determined infeasible, BRG
will provide the required CEQA findings, giving the specific economic, social or other conditions which
render the mitigation measure or alternatives infeasible. Please note that development of these findings of
infeasibility will likely require the active participation of the City and/or applicant to provide sufficient facts
to support the findings. BRG will coordinate development of the necessary arguments to support CEQA
Findings. In addition, the Candidate Findings will identify any changes or alterations that are within the
jurisdiction of another public agency.
Should the EIR conclude an impact is significant and unmitigable, BRG will prepare a Statement of
Overriding Considerations (SOC) in accordance with CEQA Guidelines § 15093. BRG will work closely with
the City to identify the specific economic, legal, social, technological, or other benefits of the project,
which outweigh the unavoidable environmental effects. BRG will coordinate with the City to establish the
evidence in the record to support overriding considerations.
The Findings will follow the format and style specified by the City.
Subtask 8.2 Final CEQA Findings/SOC
BRG will prepare a final set of CEQA Findings/SOC based on City review and changes to the Draft EIR that
may have resulted from public comment.
Task 9 Mitigation Monitoring and Reporting Program (MMRP1
Subtask 9.1 Screencheck MMRP
We understand the need for preparation of an MMRP in accordance with Public Resources Code Section
21081.6(a)(l) and California Code of Regulations Section 15091. The MMRP will include a brief summary of
the environmental impact. However, the associated mitigation measure will be included verbatim from
the EIR in order to provide sufficient detail to address impacts at the project level. Each mitigation measure
will reference the appropriate implementing permits to facilitate mitigation monitoring. For each project
change, condition, or mitigation measure the program will include the following:
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Proposal for the Dos Colinas Project EIR
• Specific monitoring activities;
• Implementation phase or milestone;
• Identification of the party responsible for implementation;
• Identification of the party responsible for monitoring;
• Criteria for evaluating the success of each mitigation measure; and,
• Compliance verification criteria.
Subtask 9.2 Draft MMRP
BRG will prepare a Draft MMRP incorporating City comments on the screencheck MMRP. The Draft MMRP
will be available for public review with the Draft Program EIR.
Subtask 9.3 Final MMRP
BRG will prepare a Final MMRP based on any changes to mitigation measures as a result of public review
and comment on the Draft EIR.
Task 10 Meetings and Hearings
BRG understands that project management and staff support are crucial elements to preparation of a
legally-defensible EIR. BRG commits attendance of our Project Manager for the following meetings:
• One (1) kick-off meeting with City staff to initiate the project, discuss work products and overall project
schedule.
• One (1) public scoping meeting to solicit input from the public on the scope and content of the EIR.
• Two (2) staff meetings to discuss and resolve issues related to preparation of the screencheck Draft EIR,
etc.
• Two (2) staff meetings to review comments on the screencheck Draft EIRs (first and second
screencheck).
• Two (2) staff meetings to review the responses to comments and Final Draft EIR.
• Up to three (3) public hearings with presentations as necessary as determined by City staff.
• One (1) additional meeting as necessary.
In addition to providing our Project Manager, BRG commits principal-level attendance at the three (3)
required public meetings/hearings. BRG assumes a maximum of four (4) hours each for the project
initiation, scoping meeting, and public hearings.
DELIVERABLES
BRG anticipates the following deliverables to be submitted to the City. All documents will be readable by
Microsoft Word 2000:
(5) Copies of the first screencheck Draft EIR in three-ring loose-leaf binders
(5) Copies of the second screencheck Draft EIR in three-ring loose-leaf binders (includes appendices)
28 August 7, 2009
f-7
Proposal for the Dos Colinas Project EIR
(5) Copies of the screencheck MMRP
(5) Copies of the screencheck Candidate CEQA Finding of Fact
(30) Copies of the City-approved Draft EIR, Exhibits and MMRP consisting of:
- 10 spiral-bound copies
- 25 digital copies on CD
- 1 Master CD
(20) Copies of the Technical Appendices consisting of:
- 10 spiral-bound copies
- 10 digital copies on CD
-1 Master CD
(1) Master CD Copy of the Draft EIR with appendices, exhibits, and MMRP for City's website
(5) Copies of the first screencheck Final EIR (including Response to Comments, Final EIR and any
amendments to the technical appendices)
(5) Copies of the second screencheck Final EIR (including Response to Comments, Final EIR and any
amendments to the technical appendices)
(51) Copies of the City-approved Final EIR, Exhibits and MMRP consisting of:
- 25 spiral-bound copies
- 25 digital copies on CD
- 1 camera-ready copy
(30) Copies of any amended Technical Appendices consisting of:
- 15 spiral-bound copies
- 15 digital copies on CD
-1 Master CD
(1) Digital copy on CD of the Findings of Fact
(1) Digital copy on CD of the Mitigation Monitoring and Reporting Program
(1) Master CD Copy of the Final EIR with any amended appendices, exhibits, and MMRP for City's
website
(5) Copies of the Certified Final EIR, Appendices, Exhibits, MMRP, and CEQA Findings of Fact, which
incroporate any changes made to the Final Draft EIR during the public hearing and certification
process, if necessary
(1) Master CD copy of the Certified Final EIR with appendices, exhibits, and MMRP
5.0 SCHEDULE OF COMPLETION
This section presents BRG's proposed task-by-task work schedule to complete the services requested by the
City. The attached schedule assumes a start-date in September, 2009; however, this date will be revised
upon further direction by the City. BRG's schedule to complete the CEQA process according to our
proposed scope of work is provided on the following page.
BRG and our subcontractors have the resources and commitment to the City to complete the CEQA
process in approximately one year.
29 August 7, 2009
Schedule to Prepare the Dos Colinas EIR
ID
10
12
13
16
21
22
23
24
25
26
27"
28
29~
30"
:3T
32
33"
34~
35"
36"
37~
38
Task Name
42
43
44
Duration Start
Task 1 - Project Initiation SO days
1.1- Data Collection & Site Visit 6 wks
1.2 - Project Description 4 wks
Task 2 - First Screencheck Draft EIR 80 days
2.1 -Prepare 1st SC DEIR 12 wks
2.2 - City Review 4 wks
Task 3 - Second Screencheck Draft EIR 35 days
3.1 - Revise DEIR, MMRP, Findings 4 wks
3.2 - City Review 3 wks
Task 4 - Draft EIR for Public Review 55 days
4.1-Finalize DEIR 2 wks
4.2 - DEIR Public Review Period 45 days
Task 5 - First Screencheck Final EIR 30 days
5.1 - Responses to Comments/FEIR 4 wks
5.2 - City Review/Provide Comments 2 wks
Task 6 - Second Screencheck FEIR 25 days
6.1 - Prepare Second Screencheck FEIR 4 wks
6.2 - City Review/Comments 1 wk
Task 7 - Final EIR 12 days
7.1 - Finalize EIR 1 wk
7.2-Print FEIR 1 wk
7.3-Submit FEIR to City 2 days
Task 8 - CEQA Findings/SOC 125 days
8.1 - Screencheck CEQA Findings/SOC 2 wks
8.2 - Final CEQA Findings/SOC 2 wks
Task 9 - MMRP 125 days
9.1 - Screencheck MMRP 1 wk
9.2 - Draft MMRP 1 wk
9.3-Final MMRP 2 wks
Task 10 - Meetings/Hearings (Occurrences) 250 days
/ Kick-Off Meeting 0 days
Scoping Meeting 0 days
Staff Meetings 165 days
Staff Meeting 1 0 days
Staff Meeting 2 0 days
Staff Meeting 3 0 days
Staff Meeting 4 0 days
Staff Meeting 5 0 days
Staff Meeting 6 0 days
Staff Meeting 7 0 days
Hearings 20 days
Hearing 1 0 days
Hearing 2 0 days
Hearing 3 0 days
Mon 9/14/09
Mon 9/14/09
Mon 10/26/09
Mon 9/14/09
Mon 9/14/09
Mon 12/7/09
Mon 1/4/10
Mon 1/4/10
Mon 2/1/10
Mon 2/22/10
Mon 2/22/10
Mon 3/8/10
Mon 5/10/10
Mon 5/10/10
Mon 6/7/10
Mon 5/10/10
Mon 5/10/10
Mon 6/7/10
Mon 6/14/10
Mon 6/14/10
Mon 6/21/10
Mon 6/28/10
Mon 1/4/10
Mon 1/4/10
Mon 6/14/10
Mon 1/4/10
Mon 1/4/10
Mon 3/8/10
Mon 6/14/10
Mon 9/14/09
Mon 9/14/09
Mon 11 /23/09
Mon 1/4/10
Mon 1/4/10
Mon 2/22/10
Mon 5/10/10
Mon 6/7/10
Mon 7/5/10
Mon 8/2/10
Mon 8/23/10
Mon 8/2/10
Mon 8/2/10
Mon 8/16/10
'Mon 8/30/1
Sepjember___ October __ November December January Februa August : Se
8Z24j__9ZzIl9Z2ir.' 10/510/19 11 /2; 11 /16 11/30 M2/14 I 12/28 I 1/11 I 1/251 2/8 |.~2/22 I 3/8 I '3722TlM^^I?i^.5/3ll7T7l,,5./31 I 6/141 6/28 | 7/121 7/26 I 8/9 I 8/23]
Dos Colinas EIR.mpp
Thu 8/6/09 Task Progress Milestone Summary Project Summary
T
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: WEST SENIOR LIVING R E L L C
Description
EIR09001
Amount
157,812.00
Receipt Number: R0076337
Transaction Date: 09/23/2009
Transaction ID: R0076337
Pay Type Method Description Amount
Payment Check 1036 157,812.00
Transaction Amount: 157,812.00
City of Carlsbad
Faraday Center
Faraday Cashiering 001
0926601-1 09/23/2009 32
Wed, Sep 23, 2009 01:33 PM
Receipt Ref Nbr: R0926601-1/0018
PERMITS - PERMITS
Tran Ref Nbr: 092660101 0019 0021
Trans/Rcpt#: R0076337
SET #: EIR09001
Amount: 1 6 $157,812,00
Item Subtotal: $157,812.00
Item Total: $157,812.00
1 ITEM(S) TOTAL:
Check (Chk# 001036)
Total Received:
Have a nice day!
$157,812.00
$157,812.00
$157,812.00
Proposal for the Dos
CONTRACT PRICE AND ALLOWABLE COST AUS °7 2009
CITY OF CARLSBAD
1.0 ITEMIZED FEE SCHEDULE PLANNING DEPT
This section provides our fee proposal for the services to be rendered by the BRG Team. BRG will furnish all
of the labor, technical, administrative, professional and other personnel, as well as all supplies and
materials, machinery, equipment, printing vehicles, transportation, office space and facilities, calculations
and other means, except those specified in the RFP to be furnished by the City or property owners,
necessary or proper to perform and complete the work and provide the services described in the Scope of
Work and Deliverables section of this proposal.
The total fee is broken down per task as outlined in the Scope of Work and Deliverables.
Task 1 $7,960.00
RECEIVED Task2 $54,200.00
Task 3 $22,020.00
AUG072009 Task4 $10,750.00
TaskS $9,580.00
CITY OF CARLSBAD Task 6 $6,290.00
PLANNING DEPT Task7 $3,410.00
Task 8 $4,390.00
Task 9 $3,225.00
Task 10 $6,600.00
Other Direct Costs $5,600.00
Subconsultants $23,787.00
Total $157.812.00
Other Direct Costs include but are not limited to: document printing miscellaneous reproduction, travel
expenses, and postage. These reimbursable expenses will be tracked separately and broken out in our
monthly invoices. All work identified in the Scope of Work will be performed at a "Not to Exceed" contract
price of $157,812.00. This proposed fee assumes that there will be no change to the project description,
plans, and technical studies once environmental analysis and document preparation commences.
Modifications to the above may require an adjustment to the proposed fee depending on the nature and
extent of.modification. Any potential adjustments would be discussed with City staff as appropriate.
2.0 ESTIMATE OF HOURS TO BE SPENT/PERSON/SUBCONTRACTOR
The following table includes an itemized account of the estimated hours per staff necessary to complete
each project task, as identified in Section 3.0, Scope of Work and Deliverables, of this proposal.
August/, 2009