HomeMy WebLinkAboutEncina Waste Water Authority; 2013-11-08;AGREEMENT BETWEEN CITY AND APPLICANT
FOR PAYMENT OF CONSULTANT COSTS
ENVISION CARLSBAD (CASE # GPA 07-02/LCPA 07-02/ZCA 07-01
THIS AGREEMENT is made this Sth dayof November, 2013,
between the CITY OF CARLSBAD, a municipal corporation of the State of
California, hereinafter referred to as CITY, and Encina Wastewater Authority,
hereinafter referred to as APPLICANT.
RECITALS
WHEREAS, since 2008, the CITY has been engaged in a multi-year
work program (ENVISION CARLSBAD) to comprehensively update its General Plan,
Local Coastal Program, and Zoning Ordinance, which will, among other things,
regulate the type, extent, and intensity of land uses within the City of Carisbad; and
WHEREAS, the APPLICANT has property located within the City of
Carlsbad which is subject to land use regulation; and
WHEREAS, the APPLICANT has recently requested that the CITY
analyze a proposed change to the General Plan land use and/or zoning designation
on its property as part ofthe work program; and
WHEREAS, to date the CITY has expended considerable time, effort
and money to draft updates to the General Plan, Local Coastal Land Use Plan, and
land use policy and zoning maps; further, the CITY has determined that including
APPLICANT'S proposed land use change for analysis at this late date will impose
additional cost and delay to the work program; and
WHEREAS, on November 5, 2013, the CITY COUNCIL considered the
APPLICANT'S request and directed staff to include the property for analysis in the
work program, provided that the APPLICANT pay its share of additional costs related
to technical analysis, document revisions, staff review and processing; and
WHEREAS, APPLICANT agrees to pay to CITY a proportionate share of
the amount necessary to perform the additional work.
NOW, THEREFORE, in consideration ofthe covenants and conditions, it
is agreed as follows:
1. The CITY will engage the firm of Dyett and Bhatia, hereinafter
referred to as "CONTRACTOR", to perform the necessary additional work in the
preparation of the General Plan, land use and zoning maps. Local Coastal Land Use
Plan, Climate Action Plan, and Program Environmental Impact Report to include for
analysis purposes a potential General Plan land use and/or zoning designation
change for that area more particularly depicted upon a site map attached as
Attachment 1 and made a part ofthis agreement.
2. It is understood that this AGREEMENT does not entitle the
APPLICANT to any General Plan land use and/or zoning designation change for the
property described in Attachment 1, nor does it obligate the CITY to actually make any
such General Plan land use and/or zoning designation change.
3. It is understood that the CONTRACTOR services shall conform to
the Proposal attached as Attachment 2 and made a part of this agreement, and may
require:
a) Field exploration;
b) Regular communication with City staff;
c) Technical analyses by subconsultants and third parties
d) Written reports; and
e) Such other work necessary to properly evaluate the
proposed land use change as directed by the City Planner.
4. It is understood that the CITY will direct the CONTRACTOR to
complete drafts and final documents at the eariiest feasible time. The CITY will
apprise the APPLICANT of progress in the analysis and preparation of documents,
and will notify APPLICANT of circumstances that would significantly delay or
adversely affect completion of the work program.
5. The APPLICANT shall pay to the CITY a total of $23.122. of which
$16.667 shall be resen/ed to pay for the consulting services described in Attachment
2, plus a small contingency; and $6.455 which shall be credited to the CITY's General
Fund to cover staff time and overhead costs. The proportionate share is based on the
total additional cost ($69.365) divided by the total number of applicants participating in
the cost-sharing arrangement (three). In the event it appears, as the work progresses,
that said sum will not be sufficient to cover the actual cost, the CITY will notify the
APPLICANT of the difference between the amount deposited and the new estimated
cost. The CITY will ensure, to the extent feasible, that no further work will be
performed by the CONTRACTOR incurring an obligation beyond the amount
advanced without an appropriate amendment to this Agreement. If the actual cost of
CONTRACTOR sen/ices identified in Attachment 2 is less than the APPLICANT'S
proportionate share advance, any surplus will be refunded to APPLICANT by the
CITY.
6. Once this AGREEMENT is executed and funds placed with the
CITY, APPLICANT will not be entitled to any refund except as provided in paragraph 4
above.
7. It is understood that the CONTRACTOR shall be an independent
contractor of the CITY, and CITY shall not be liable for any negligent acts or
omissions of the CONTRACTOR. The APPLICANT agrees to permit the
CONTRACTOR to enter upon his property and to perform all work thereon as the
CONTRACTOR deems necessary to complete the work described in Attachment 2. It
is agreed that the APPLICANT will not interfere with the CONTRACTOR in the
performance of such work or attempt to influence such CONTRACTOR during the
course of his investigation and preparation of documents.
8. It is understood that the CITY will attempt to bring the General
Plan, land use and zoning maps. Local Coastal Land Use Plan, Climate Action Plan,
and Program Environmental Impact Report to Planning Commission and City Council
as soon as possible, barring no delays from the APPLICANT.
9. If the CITY is required to defend any third party claims and suits
challenging any action taken by the CITY with regard to any procedure or substantive
aspect of the CITY's environmental process and subsequent approval of the planning
documents (described in paragraph 1 above) affecting the subject property, the
APPLICANT shall be responsible and reimburse the CITY for legal fees and costs, in
the appropriate proportionate share as set forth in this Agreement, that may be
incurred by the CITY in defense of such action or proceeding. The CITY shall have
the absolute right to retain such legal counsel as the CITY deems necessary and
appropriate. APPLICANT shall reimburse the CITY for its proportionate share of any
award of court costs or attorney fees made against CITY in favor of any third party
challenging either the sufficiency of the EIR or the validity of the CITY's subsequent
approval of the planning documents. This obligation survives until all legal
proceedings have been concluded and continues even if the CITY's approval is not
validated.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
The individuals executing this Agreement and the instruments
referenced in it on behalf of APPLICANT each represent and warrant that they have
the legal power, right and actual authority to bind APPLICANT to the terms and conditions
ofthis Agreement.
APPLICANT CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)
Kevin M. Hardy/General Manager
(print name/title)
By:
(sign here)
Michael Steinlicht/Assistant General Manager
ATTEST:
BARBARA ENGLCSON
(City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by applicant must be attached.
If a corporation. Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
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.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
/j^ ^/o y<2
Assistant City Attorney
ACKNOWLEDGMENT
State of California
County of ( San Diego )
On November 12. 2013 before me, Paula Diane Clowar
Michael Steinlicht who proved to me on the basis of satisfactory personally appeared
evidence to be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his signature on the instrument
the person, or the entity upon behalf of which the person 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 JL (Seal)
Paula Diane Clowar
PAUU DIAME CLOWAR
Coflnnittlofl # 189S680
Notary PuiMic • CaHfomia z
. San Oitgo County \
My Coniro. Expifat Jut 16.20141
ACKNOWLEDGMENT
State of California
County of ( San Diego )
On November 12. 2013 before me, Paula Diane Clowar
Kevin M. Hardy who proved to me on the basis of satisfactory personally appeared
evidence to be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his signature on the instrument
the person, or the entity upon behalf of which the person 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 (Seal)
Paula Diane Clowar
lAAArfkrilMiidi
PAULA DIANE CLOWAR
Commission # 1895680
Notary Public • Cafifornia z
I >MBbr San Oiego County S
I My Comm. Expires Jul 16.20141
ATTACHMENT 1
PROPERTY LOCATION
Site Name/Location Requested Land Use Change Site Name/Location From To
Encina Wastewater Authoritv South Parcel
Between lnterstate-5 and Avenida Encinas and
northeast ofthe Poinsettia Coaster Station
6200 block Avenida Encinas
Pl/O
(Planned
Industrial/ Office)
R-30/GC/P
(23-30 du/ac/
General
Commercial/ Public)
W
ATTACHMENT 2
SCOPE OF WORK
1. Environmental Impact Report
Dyett & Bhatia will project housing units, population, etc. resulting from the land use
changes, and provide information by Traffic Analysis Zones to Fehr and Peers. Fehr and
Peers will coordinate with SANDAG and conduct a model run, and also disaggregate VMT
information needed for air quality, GHG and other analysis.
Several sections of the EIRs will need to be updated, including:
Maps that have land use information.
Information on buildout, jobs housing balance, population growth projections, etc. as
part of project description, and Land Use, Population, and Housing sections.
Mobility: Text and tables, including information on traffic volumes, LOS, VMT, etc.
wili need to be updated.
Air Quality/GHG: Revise modeling based on new traffic information. Update text as
needed.
Noise: Revise modeling based on new traffic information. Update text as needed.
Future noise map will need to be updated.
Public Utilities: Revise projections based on new population projections.
Schools: Revise projections for different school districts based on new population.
Parks and Recreation: Update information on recreation needs resulting from
updated population.
2. General Plan
Maps that have land use information will need to be updated — Opportunity Sites and Key
Development Constraints; Land Use Map; all focus area maps where the new sites appear;
future noise map (same as from EIR).
All information relating to population, housing units, jobs-housing balance, park and school
needs, air quality, noise etc. that appear in different chapters of the General Plan will need
to be updated and checked. This will include changes to text, tables, and a read through of
the document to ensure internal consistency.
3. Climate Action Plan
The analysis, the results and the figures would all need to be updated in response to
changes in population and job projections. Vehicle Miles Traveled (VMT) projections would
need to be revised using the SANDAG models for the two scenarios incorporated in the
Climate Action Plan (CAP), VMT with the pass-through traffic, and VMT excluding pass-
through traffic. Both models used for the CAP—the EPIC and SEEC models—would need
to be revised to reflect the new growth rates. The models would then in turn produce
revised values for the community and government operations forecasts. The quantification
ofthe effect of state and federal policies, General Plan policies, and CAP GHG reduction
measures would also have to be quantified using the new estimated population and job
projections. Finally changes to tables, charts and graphs, and text would need to be made
to reflect the revised information.
4. Local Coastal Program Land Use Plan
While changes to this document will be fewer compared to others, land use maps,
population information etc. would still need to be updated.
5. Post-Adoption Processing
Make final adjustments to the LCP and the General Plan based on the City Council
adoption actions. This will include adjustment to population and housing units, jobs-housing
balance, growth management, park and school facility needs, as well as maps where the
changed information would appear. The CAP and the EIR would not be updated, and no
new traffic model runs would be conducted.
Budget
The anticipated budget for the above scope of work is $46,900, inclusive of the direct cost
ofthe SANDAG model run.
1. EIR 2. General
Plan
3. CAP 4. LCLUP 5. Post-
adoption
Total
Dyett &
Bhatia
$8,500 $4,500 $8,500 $1,200 $5,000 $27,700
Dudek $10,200 $10,200
Fehr& $4,000 $4,000
Peers
SANDAG $5,000 $5,000
(traffic
modeling)
$27,700 $4,500 $8,500 $1,200 $5,000 $46,900
10