HomeMy WebLinkAboutLa Costa Town Square LLC; 2003-03-06;FIFTH AMENDED AGREEMENT BETWEEN CITY
AND LA COSTA TOWN SQUARE, LLC
FOR PAYMENT OF EIR CONSULTANT
El R 01-02
THIS AGREEMENT, made and entered into as of the day of
., 2009, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," and La Costa Town Square, LLC
hereinafter referred to as "APPLICANT", shall serve to amend the original contract
dated, March 6, 2003 attached hereto.
All provisions of the original contract, as amended, shall remain in effect,
except the Work Program referenced in Section 2 shall be amended to include the
additional work outlined in the Consultant's revised proposal, dated May 20, 2009,
attached hereto, and the fee payable by Applicant as referenced in Sections 4 of the
contract shall be increased by $40,109.00 for the additional work, making the maximum
fees payable a total of $345,113.00.
IN WITNESS WHEREOF we have hereunto set our hands and seals.
APPLICANT: La Costa Town Square, LLC CITY OF CARLSBAD, a municipal
corporation^!)? the State of Califoprifa.
/(sign here)
^print name/title)
APPROVED AS TO FORM:
RONALD ^. B,ALL, City Attorney
By:
Assistant City Attorney
City Attorney Approved Version 03/17/04
May 20, 2009
Mr. Van W. Lynch
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
RE: Scope of Services Amendment - La Costa Town Center EIR
Dear Mr. Lynch:
As you discussed with Yara Fisher, EDAW, through the existing P&D contract with the City, requests an
amendment to the contracted budget to complete the La Costa Town Square EIR. Amendment Number 4
approved January 27, 2009, assumed one pre-print draft would be prepared solely for review by the City prior to
issuance of the Public Review Draft. Additional input provided by applicant, though helpful, requires EDAW to
provide more extensive revisions than anticipated, resulting in the need for two pre-print drafts and thus more
costs than anticipated in our last amendment request. Following is a complete list of edits needed to finalize the
Draft EIR.
PUBLIC REVIEW DRAFT EIR
The following outlines the main revisions needed to fully update the Draft EIR per the revised site plan, technical
studies, and new environmental issues since our last contract amendment was approved in January 2009:
General Edits in EIR Chapters 1 through 4
• Project Description
• Environmental Setting
• Updated Table 2.0-2 Environmental Impacts and Mitigation Measures
Section 5.1 Land Use and Planning
• Updated "Project Consistency" statements per revised site plan and technical studies
• Added analysis of project grading per Hillside Development Regulations
• Updated figures 5.1-3a and 3b
Section 5.2 Transportation/Circulation
• Updated impact analysis per revised trip generation and distribution
• Revised figures per updated traffic study
• Revised text and tables for future LOS on street segments and delay at intersections per updated traffic
study
• Revised mitigation measures and summary of impacts tables
Section 5.3 Air Quality
• Updated impact analysis (text and tables) per revised trip generation and grading volumes
Section 5.4 Noise
• Updated impact analysis per revised trip generation and commercial site plan
Section 5.10 Visual Aesthetics/Grading
• Updated "Urban Decay" impact analysis per supplemental CBRE report
• Updated "Grading/Landform" impact analysis per revised site plan and added analysis of consistency
with Hillside Development Regulations
• Revised figures 5.10-1 thru -4
Section 5.11 Public Services and Utilities
• Updated information on water supply, electric and gas usage per revised site plan, fire services and
standards, student generation and school fees, solid waste generation, and hazardous waste disposal
Chapter 6 Analysis of Long-Term Effects
• Updated analysis of Global Climate Change
Chapter 7 Alternatives
• Updated project data and impacts for comparison to the alternatives
Page 2
Mr. Van W. Lynch
May 20, 2009
Chapter 8 References
• Updated list of references and confirmed correct citations throughout EIR
General Edits Throughout Document
• Completed technical review for consistency of format, references, figure and table citations, and
acronyms
In addition, because of the length of time since our original contract was approved and the necessity to include
more senior staff in the completion of the document than originally anticipated, EDAW requests an increase in
the contracted budget to cover anticipated costs associated with preparation of Response to Comments (RTC),
CEQA Findings, the Statement of Overriding Considerations (SOC) for unavoidable impacts from traffic, air
quality, noise, and global climate change, and the Mitigation Monitoring and Reporting Program (MMRP). The
scope of work for these tasks is described below.
RTC, CEQA FINDINGS, SOC, MMRP
For the RTC, EDAW will maintain a log of comments letters as received and coordinate with City staff on issues
requiring City or applicant input. From this input EDAW will prepare draft responses to all comments, number
the individual comments on each letter, and provide the responses in a side-by-side format.
The CEQA Findings will be prepared for consideration and adoption by the City Council per Section 21081 of
CEQA. Each significant effect will be identified, the relevant CEQA finding identified, and the rationale for the
finding will be stated.
The SOC for private developments are typically prepared by the project applicant to provide, as applicable, the
economic, legal, social, technological or other benefits of the project that outweigh its adverse environmental
effects. EDAW will coordinate with City staff to review the proposed findings, but will not undertake any
additional research or analysis to support the applicant's draft findings.
The MMRP will be prepared in table format and list each mitigation measure, which will be classified as Project
Design Mitigation, Ongoing Mitigation, or Long-Term Mitigation in order to identify at what stage in the project
development process the mitigation measure can be implemented; identify the responsible monitor by title and the
schedule for monitoring during plan preparation, construction, or post-construction; and provide verification by sign-
off, date, and comments.
FINAL EIR
The Final EIR will incorporate each of the documents listed above and will be edited in track changes format to
indicate where changes were made as a result of comments received during the public review period or as
directed during the City approval process. Per your request to reduce the required number of copies of the Final
EIR (which will include the RTC, CEQA Findings, SOC, and MMRP) to 20 copies plus 20 CDs containing the
FEIR and Appendices, the copying estimate would be reduced to $946 and is reflected under Final EIR,
included below.
\1
PageS
Mr. Van W. Lynch
May 20, 2009
SUMMARY OF REQUESTED AUTHORIZATION
Public Review Draft ElR $9,913.00
RTC 7,680.00
CEQA Findings 6,940.00
SOC 2,670.00
MMRP 2,410.00
Final EIR 10.496.00
TOTAL $40,109.00
We look forward to a favorable consideration of this request and seek your immediate authorization to continue
our work.
Sincerely,
Jerry Flores
TITLE
FOURTH AMENDED AGREEMENT BETWEEN CITY
AND LA COSTA TOWN SQUARE, LLC
FOR PAYMENT OF EIR CONSULTANT
El R 01-02
THIS AGREEMENT, made and entered into as of the LA i aay of
.MQAA. 200°(, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," and La Costa Town Square, LLC
hereinafter referred to as "APPLICANT", shall serve to amend the original contract
dated, March 6, 2003 attached hereto.
All provisions of the original contract, as amended, shall remain in effect,
except the Work Program referenced in Section 2 shall be amended to include the
additional work outlined in the Consultant's revised proposal, dated October 24, 2008,
attached hereto, and the fee payable by Applicant as referenced in Sections 4 of the
contract shall be increased by $51,000.00 for the additional work, making the maximum
fees payable a total of $305,004.00.
IN WITNESS WHEREOF we have hereunto set our hands and seals.
APPLICANT: La Costa Town Square, LLC
CITY OFjgTARLSBAD, a municipal
corporation/Q#ithe State of California.^
/Name of Applicant
( Bv:Bv: /
(sianTi(signriere)
By:
(print name/title
By:
LORRAINE M. WOOD, City Clerk
(sign here)
(print name/title)
APPROVED AS TO FORM:
RONALD R. BALL, City^Attorney
Byj ^
.ssistant City Attorney
City Attorney Approved Version 03/17/04 4
AECOM
P&D Consultants
999 Town & Country Road, 4th Floor, Orange, California 92868
T 714.835.4447 F 714.285.0740 www.tcb.aecom.com
October 24, 2008
Mr. Van W. Lynch
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
RE: Scope of Services Amendment - La Costa Town Center EIR
Dear Mr. Lynch:
COPY
As you discussed with Yara Fisher, EDAW, through the existing P&D contract with the City, requests an
amendment to the contracted budget to complete the La Costa Town Square EIR. The preparation of the
screencheck EIR raised several complex issues that require additional effort beyond that anticipated in our
original contract. The main issues requiring extensive effort to complete the first and second screencheck EIRs
include: traffic, water supply, climate change, urban decay, air quality, and biological resources. These are
discussed in more detail below.
Additionally, our original scope and budget did not assume review and comment of the document by the applicant
and their representatives, including Glenn Lukos, RECON, Sheppard Mullin, RBF, and Urban Systems. Although
we believe this review facilitated the preparation of a stronger CEQA document, it causes significant additional
effort in order to ensure we responded adequately to all parties. Approximately 132 separate comments were
received and responded to by EDAW in written form in both the revised EIR and formal response matrices.
Finally, the applicant is proposing a change to the project description that will require the update of all text and
graphics within the EIR to ensure consistency with the latest project. This will cause additional time for
environmental planners, graphics, word processing and tech editing.
SCREENCHECK DRAFT EIR
The following outlines the main issues within the Screencheck EIR task requiring extra effort beyond our scope of
work and budget.
Traffic
At the time of the First Screencheck EIR, the traffic report by Urban Systems still had many outstanding issues,
which EDAW outlined to the City and Urban Systems in a 15 page memo and matrix dated April 3, 2008. EDAW
coordinated with the City, Urban Systems, and RBF to resolve questions regarding the impact analysis,
mitigation, and final conclusions for intersections and roadways within the traffic study area. The resolution of the
traffic issues outlined in the memo and revision of the traffic section of the EIR cost more than 150 hours of staff
time.
Water Supply
EDAW helped coordinate the required water supply analysis for the EIR. This involved: generating memos
describing the necessary components of the water supply analysis; reviewing and commenting on Olivenhain
Water District responses to requests for a water supply analysis and the applicant's estimated demand analysis;
participating in a phone call with the City, applicant, and Olivenhain Water District; preparing a memo for the
Mr. Van W. Lynch Page 2
City of Carlsbad
October 24, 2008
Olivenhain Water District summarizing the assumptions used for the analysis; and incorporating that information
into the EIR.
Climate Change
The applicant's representatives had numerous and extensive comments on the global climate change analysis,
which required written responses within the EIR and in a separate 5-page matrix responding to all 26 comments
received.
Biological Resources
Numerous questions remained in the Second Screencheck regarding vernal pool/wetland identification,
classification and mitigation that required a review of additional wetland reports and coordination with the
applicant's biological resources consultants. EDAW also worked with the City and biological consultants to clarify
covered status of species and appropriate mitigation surrounding several sensitive plant species and animals.
The fairy shrimp survey analysis also required detailed review in order to substantiate the conclusions.
Urban Decay Study and Analysis
Our scope of work did not assume an urban decay study or analysis would be incorporated into the EIR.
However, EDAW received and reviewed the study provided by the applicant and incorporated the relevant
portions into the EIR.
Air Quality
The revised project and construction time-frame require a re-run of the air quality analysis and incorporation of
that revised analysis into the EIR.
Cost Estimate: $37,500
VISUAL ANALYSIS
Our original scope of work called for EDAW to prepare three visual simulations for inclusion in the EIR. The
illustrations provided by the applicant were not the formal elevations needed in order to draft realistic visual
simulations normally presented in an EIR analysis. However, using the illustrations received by the applicant
EDAW drafted graphics for use in the EIR that generally illustrated the overall design and massing components of
the project. Upon review of the graphics by the City and applicant, it was determined that more standard and
detailed visual simulations should be provided using formal building elevations. EDAW inquired in the winter of
2007 about a contract augment to re-do the simulations and that was declined by the applicant in lieu of a third
party (Watersheds studios). In October of 2007, the visual simulations were presented to EDAW. EDAW
provided numerous reviews of the visual simulations and suggested revisions to the "before" and "after" scenarios
and the overall approach being used. These reviews and revisions by the applicant's team resulted in several
different versions supplied to EDAW, which EDAW incorporated into revised versions of the Visual
Aesthetics/Grading section. The amount of staff time spent on the original graphics submittal, reviewing and
commenting on the applicant team's submittals, and revising the Aesthetics/Grading section multiple times to
reflect the latest simulations have left limited funds to cover the cost of the final review of the simulations.
REVISED PROJECT/SITE PLAN
The revised project application and site plan will require revisions to the text and graphics of the EIR, requiring
additional time to be spent by EDAWs environmental planners, project manager, graphics, word processing, and
tech editing teams.
Cost Estimate: $9,000
DIRECT COSTS
Based on the previous prints provided, one copy of a draft EIR will be:
AECOM
l\
Mr. Van W. Lynch Page 3
City of Carlsbad
October 24, 2008
Main Body - 410 pages: $60
Appendices - 1750 pages: $225
The scope of work calls for:
25 copies in 3-ring binders
20 bound copies
1 unbound copy
5 CD ROM
That equates to $285 * 46 = $13, 110 in reproduction costs for the Draft EIR alone. With reproduction of the Final
EIR (including appendices) as currently scoped, the direct costs remaining will exceed $25,000. Currently,
approximately $2,100 remains unbilled in direct costs, leaving an anticipated budget gap of about $23,000 plus
additional costs associated with phone, postage, and travel. This amount can be reduced if the City requests
more CDs instead of hard copies, limits the number of appendices required, or prints from a reproducible version
provided by EDAW. However, if the City wishes to implement the existing scope for reproducibles, we would
request an additional $25,000 for direct costs.
COST ESTIMATE
We request an additional $44,000 in labor in order to complete the Public Review Draft and Final EIR. This
assumes one pre-print draft is prepared for review by the City only prior to the Public Review Draft, a moderate
number of comments are received on the Draft EIR, and that responses regarding the technical adequacy of the
traffic, biological resources, urban decay, and noise analyses are drafted by the respective consultants with
review and incorporation of those responses by EDAW. As described above, additional funds may also be
needed for the reproduction of the Draft and Final EIRs.
For the purposes of this amendment request, EDAW assumed 100 hard copies of Volume 1 of the EIR would be
required, 20 hard copies of the appendices, and 50 CDs.
100* $60 =$6,000
20 * $225 = $4,500
50* $2 = $100
= $6,600
With $2,100 remaining in our current budget for direct costs, the estimated additional direct costs total $4,500.
The total amount requested is $51,000.
We look forward to a favorable consideration of this request and seek your immediate authorization to continue
our work. Authorization for the amended scope of services may be provided immediately by signing both copies
of this letter and returning one copy to P&D.
Sincerely, Authorization
Warren Sprague _
Vice President City of Carlsbad
AECOM
ACTION BY SOLE REMAINING INITIAL MEMBER
OF
LA COSTA TOWN SQUARE, LLC
This Action by Sole Remaining Initial Member of La Costa Town Square, LLC (this
"Action") is dated effective as of September 10, 2008.
RECITALS
A. Whereby, Ashok Israni is the sole remaining Initial Member of the Company, and
in such capacity is entitled to take this Action without consent of any other
Members of the Company; and
B. The previous manager, Roger K. Swift, has resigned, and Ashok Israni hereby
desires to appoint a Manager of the Company.
AGREEMENT
Wherefore, Ashok Israni hereby takes the following action:
1. The resignation of the existing Manager, Roger K. Swift, is hereby accepted.
2. Dietmar E. Schott is appointed as Manager of the Company.
In witness of their acceptance of the above terms and conditions, the necessary parties have duly
signed and dated this Action as follows:
(liu dated: September 10, 2008
Ashok Israni
Acknowledgment:
JjC. Swift hereby acknowledges his resignation as Manager of the Company.
dated: September 10, 2008
Roger 1C Swift
Acceptance:
Dietmar E/Schott hereby accepts the position of Manager of the Company.
dated: September 10, 2008
Dietmar E. Schott
THIRD AMENDED AGREEMENT BETWEEN CITY
AND LA COSTA TOWN SQUARE, LLC
FOR PAYMENT OF EIR CONSULTANT
o day ofTHIS AGREEMENT, made and entered into as of the
. 2007, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," and La Costa Town Square, LLC
hereinafter referred to as "APPLICANT", shall serve to amend the previous contract
dated, March 6, 2003 attached hereto.
All provisions of the original contract, as amended, shall remain in effect,
except the Work Program referenced in Section 2 shall be amended to include the
additional work outlined in the Consultant's revised proposal, dated July 6, attached
hereto, and the fee payable by Applicant as referenced in Sections 4 of the contract
shall be increased by $63,922.00 for the additional work, making the maximum fees
payable a total of $254,004.00.
IN WITNESS WHEREOF we have hereunto set our hands and seals.
APPLICANT: La Costa Town Square, LLC CITY OIECARLSBAD, a municipal
te of California
Name of Applicant
Bv:
(sigjh here)
(print name/title
Byj
/LORRAI N^M/WOO^ity cierk^
' »NS <
(sign here)
(print name/title)
APPROVED AS TO FORM:
RONALD R. BAJ_L, City Attorney
By:
Assistant City Attorney
City Attorney Approved Version 03/17/04
P&D Consultants
999 Town & Country Road, 4th Floor, Orange, California 92868
T 714.835.4447 F 714.285.0740 www.tcb.aecom.com
July 6, 2007
TCB AECOM
Mr. Van W. Lynch
Senior Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
RE: Scope of Services Amendment - La Costa Town Center EIR
Dear Mr. Lynch;
P&D Consultants (P&D) is pleased to provide the City of Carlsbad (City) with this proposed amendment to our
existing scope of services for the La Costa Town Square Environmental Impact Report (EIR). The proposed
scopes of services amendment has been developed based on recent discussions between P&D and the City,
and is detailed in the tasks outlined below. All tasks are necessary to revise the draft EIR based on recent
developments of the proposed project and to ensure that the environmental documentation is adequately
updated to reflect the most recent regulatory requirements. The scope and costs outlined below assumes that
the description of the proposed project has been slightly altered to reflect minor revisions to the proposed
project.
Task 1: Revision of the traffic section of the EIR with revised traffic technical report
P&D understands that a revised traffic technical report has been drafted. P&D shall incorporate the revised
traffic technical report, including all relevant tables and figures, into the EIR traffic section.
Task 2: Update URBEMIS and CO2 Hot Spot analyses and revision of the air quality section of the EIR
based on revised traffic technical report
P&D will rerun the URBEMIS model as well as re-model the CO2 Hot Spot analysis for incorporation into the EIR
air quality section. The City notified P&D (then CBA) in December 2004 that the project proponent had
determined that rock blasting and crushing activities are necessary for construction of the proposed project.
The re-run of the URBEMIS air quality model will include these activities and determine the level of significance
of these additional construction activities. The results of the revised URBEMIS 2002 air quality model will be
integrated into the air quality section of the EIR. In addition, P&D will: review the City's General Plan and San
Diego Air Pollution Control District's AQMP for consistency; update ambient air quality data; update and revise,
as needed, the existing setting and sensitive receptors; review and update all regulatory data, as needed; and,
review established mitigation measures, updating/revising as necessary.
Note: Our amendment request assumes that the City/project applicant will provide P&D with the following spatial
and temporal information pertinent to rock blasting and crushing activities: the estimated location(s) of both rock
blasting and crushing operations on the project site; the estimated amount of material (in tonnage and/or cubic
yards) to be blasted and crushed; the estimated location and means of stockpiling the material blasted/crushed
Page 2
Mr. Van W. Lynch
July 6, 2007
(if proposed); the estimated timing (duration and hour) of the rock blasting and crushing activities on the project
site.
Task 3: Revision of the noise section of the EIR based on new noise technical report
It is assumed that the City will request that the project applicant's noise consultant (Pacific Noise Control) to
update/revise the noise technical report based on the revised traffic technical report. Based on our review, it
does not appear that the noise technical report included discussion/analysis of potential noise impacts related to
rock blasting and crushing activities during project construction. This analysis should be incorporated into the
revised noise technical report. P&D will update the noise section of the EIR to incorporate the revised noise
technical report.
Note: Our amendment request assumes that the City/project applicant shall provide P&D with the revised noise
technical report to include a discussion/analysis of rock blasting/crushing activities during project construction.
Task 4: Revision of cumulative effects and executive summary based on changes to the traffic technical
report, air quality modeling, and noise technical report
P&D will revise the Long-Term Environmental Impacts section (cumulative effects) and the Executive Summary
of the EIR based on the amended traffic, air quality, and noise analysis (see Tasks 1 through 3 above).
Task 5: Update and Review EIR
Based on our discussion with the City, P7D understands that existing technical reports, including:
paleontological resources, biological resources, hydrology/hydraulics (including an analysis to ensure that
requirements from the recent Vineyards case are met), and geotechnical will be updated. P&D will utilize these
updates to confirm that the existing information contained in the EIR section is adequate or update the section
based on the updated information. In addition, P&D will review and update the remaining sections of the draft
EIR to ensure that existing conditions are properly reflected and that all new or revised regulatory requirements
are adequately addressed.
Task 6: Project Management and Meetings
For initial budgeting purposes, we estimate about 44 hours associated with processing the EIR through City
staff. This will include our on-going coordination with City staff, responding to questions from staff that may
arise during the review process and coordination during revisions and subsequent submittal of the screencheck
document.
P&D proposes to meet with City staff and/or the applicants consultants on project related matters up to four
times during the drafting and processing of the EIR. Each meeting is assumed to be located at the City's offices
lasting two hours. Additional meetings can be accommodated by P&D if requested by the City. Any additional
meetings beyond those identified above will be invoiced on a time and materials basis.
Task 7: Global Warming Analysis
P&D will conduct an analysis of the proposed project's potential global warming impacts. In 2006, California
passed Assembly Bill 32- Global Warming Solutions Act of 2006 (AB 32). AB 32 is designed to reduce the
state's global warming emission to 1990 levels by the year 2020. P&D recommends that the EIR address the
issue of global warming. This analysis will include:
1) a general summary of state policy and the state's view of the science addressing global warming;
2) a statement that no universally accepted methodologies yet exist to quantify global warming impacts
associated with vehicular emissions, but some attempt will be made to quantify these emissions based
on emerging models;
TCB AECO
Page 3
Mr. Van W. Lynch
July 6, 2007
3) a conclusion that implementation of the proposed project will cause a cumulatively considerable
incremental contribution to the significant cumulative (worldwide) impacts; and
4) mitigation measures will be evaluated for feasibility and proposed in the EIR, although the mitigation will
likely be insufficient to render the impacts less than significant.
Cost Estimate
A detailed cost estimate based on individual task is presented in Attachment 1 for the City's review and
approval. Please contact me at your earliest convenience if you have any questions regarding our proposed
amendment. We look forward to a favorable consideration of this request and seek your immediate
authorization to continue our work. Authorization for the amended scope of services may be provided
immediately by signing both copies of this letter and returning one copy to P&D.
Sincerely, Authorization
/arren Sprague
Vice President City of Carlsbad
Attachment (1)
TCB AECOM
Attachment 1
Cost Estimate - La Costa Town Center EIR Budget Amendment
Hourly Rate:
Staff Hours
Task 1.0 Revise EIR traffic section with new traffic report
1.1 Integrate revised (March 2007) traffic report into EIR
Total Task 1.0
Task 2.0 Revise EIR air quality section
2.1 Re-run URBEMIS air quality model with rock blasting/crushing and Hot Spot analyses
2.2 Integrate air modeling results into EIR air quality section
Total Task 2.0
Task 3.0 Revise EIR noise section
3.1 Integrate revised noise report into EIR 2] 10]4| 4 $3.530
Total Task 3.0 $3,530
Task 4.0 Revise EIR cumulative effects and executive summary
4.1 Update cumulative effects/exec, summary based on new traffic/air/noise J6J_$3.910
Total Task 4.0 $3,910
Task 5.0: Update and Review EIR
6.1 Review/Update existing Draft EIR 8| 60| 120| 8 $22.180
Total Task 5.0 $22.180
Task 6.0: Project Management and Meetings
7.1 Project Meetings (Assumes 4 meetings @ 2 hours each)$3.000
7.2 Project Management 12 32 $7.000
Total Task 6.0 $10.000
Task 7.0: Global Warming Analysis -.
8.1 Analysis of proposed projects global warming impacts 2\ 10]36| 4]$5,810
Total Task 7.0 $5,810
TOTAL ALL TASKS 401 152| 2381 321 32 $63,922
«*,"-
TCB AECOM
SECOND AMENDED AGREEMENT BETWEEN CITY AND LA COSTA TOWN
SQUARE, LLC
FOR PAYMENT OF EIR CONSULTANT
THIS AGREEMENT, made and entered into as of the \?- Lk day of
, 2005, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City,” and La Costa Town Square, LLC +
hereinafter referred to as “APPLICANT”, shall serve to amend the previous contract
dated, March 6, 2003 attached hereto.
All provisions of the original contract, as amended, shall remain in effect,
except the Work Program referenced in Section 2 shall be amended to include the
additional work outlined in the Consultant’s revised proposal, dated April 8, 2005,
attached hereto, and the fee payable by Applicant as referenced in Sections 4 of the
contract shall be increased by $9,960.00 for the additional work, making the maximum
fees payable a total of $1 90,082.00.
IN WITNESS WHEREOF we have hereunto set our hands and seals.
APPLICANT: La Costa Town Square, LLC CITY OF CARLSBAD, a municipal
corporation of the State of California
OW@ SOU4rcE LLC- C-aq 7 7 Name of Applicant
TC514n, *- . ~cr,C)IzOGrF+
(print namehitle
BY:
(sign here)
(print name/title)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Bv:
ATTEST:
ssistant City Attorney f
City Attorney Approved Version 03/17/04
AiYENDMENT NO. 1 AMENDED AGREEMENT BETWEEN CITY AND LA COSTA TOWN SQUARE, LLC
FOR PAYMENT OF EIR CONSULTANT
THIS AGREEMENT, made and entered into as of the 2 sk. day of
, 2005, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City,” and La Costa Town Square, LLC
hereinafter referred to as “APPLICANT”, shall serve to amend the previous contract
dated, March 6,2003 attached hereto.
All provisions of the original contract shall remain in effect, except that as
outlined in the Consultant’s revised proposal, tasks 1 through 5, dated January 24,
2005, attached hereto, the Work Program referenced in Section 2 shall be amended to
include the additional work outlined therein, and the fee payable by Applicant as
referenced in Sections 4 of the contract shall be increased by $24,657.00 for the
additional work, making the maximum fees payable a total of $180,122.00.
IN WITNESS WHEREOF we have hereunto set our hands and seals.
APPLICANT: La Costa Town Square, LLC
I
(sign here)
(print namehitle)
APPROVED AS TO FORM:
RONAlD R. BALL, City Attorney
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
LORRAINE V. WWD, City CIdrk
City Attorney Approved Version 0311 7/04
January 24,2005
Mr. Van W. Lynch
Senior Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
I %r> _A. I
Co tton/Bridges/Associates
A Division of P&D Consultants
RIO SAN DIEGO PLAZA
8954 RIO SAN DIEGO DRIVE
SUITE 610
SAN DIECO, CALIFORNIA 92108
61 9/291-1347
619/291-1348 FAX
RE: Scope of Services Amendment - La Costa Town Center EIR
Dear Mr. Lynch:
The following provides a description of the Cotton/Bridges/Associates (CBA) proposed
amendments to the scope of services related to the preparation of the La Costa Town
Center Environmental Impact Report (EIR). The amendments have been developed
based on recent discussions between CBA and the City of Carlsbad (City) and are
detailed in the tasks outlined below. Tasks 1 through 4 are necessary to revise the draft
EIR based on recent developments of the proposed project. Task 5 is optional and
provided for the City’s consideration based on discussions with the City and a recent
court decision.
Task 1: Revision of the traffc section of the EIR with revised traffic technical report
CBA has received a revised traffic technical report from Willdan, Inc. dated December
14, 2004 (with additional amendments to be provided in February 2005). CBA shall
incorporate the revised traffic technical report, including all relevant tables and figures,
into the EIR traffic section.
Task 2: Revision of the air quality section of the EIR based on new construction
information
The City notified CBA in December 2004 that the project proponent has determined that
rock blasting and crushing activities are necessary for construction of the proposed
project. CBA proposes to re-run the URBEMIS 2002 air quality model to determine the
level of significance of these additional construction activities. (CBA will rely on the
professional services of Giroux & Associates to quantify the potential air impacts related
to rock blasting and crushing activities). The results of the revised URBEMIS 2002 air
quality model will be integrated into the air quality section of the EIR.
Note: Our amendment request assumes that the City/project applicant will provide CBA
with the following spatial and temporal information pertinent to rock blasting and
crushing activities: the estimated location s of both rock blasting and crushing
AN AECOM COMPANY
operations on the project site; the estimated amount of material (in tonnage and/or cubic
yards) to be blasted and crushed; the estimated location and means of stockpiling the
material blastedcrushed (if proposed); the estimated timing (duration and hour) of the
rock blasting and crushing activities on the project site.
Task 3: Revision of the noise section of the EIR based on new noise technical report
The City has requested that the project applicant’s noise consultant (Pacific Noise
Control) revise the noise technical report to include discussiodanalysis of potential noise
impacts related to rock blasting and crushing activities during project construction. CBA
will revise the noise section of the EIR to incorporate this additional discussiodanalysis.
Note: Our amendment request assumes that the City/project applicant shall provide CBA
with the revised noise technical report to include a discussiordanalysis of rock
blastingkrushing activities during project construction.
Task 4: Revision of cumulative effects and executive summary based on changes to
the traffic technical report, air quality modeling, and noise technical report
CBA will revise the Long-Term Environmental Impacts section (cumulative effects) and
the Executive Summary of the EIR based on the amended traffic, air quality, and noise
analysis (see Tasks 1 through 3 above).
OPTIONAL Task 5: Revision of cumulative effects to include the list method of
other projects within City of Carlsbad boundaries
Currently, CBA is scoped to provide an analysis of cumulative effects based solely on the
Regional Growth Projections method. During conversations with the City of Carlsbad
and based on recent court decisions @e., Bakersfield Citizens for Local Control v. City of
Bakersfield, filed 12/13/04 with the 5th Appellate Court of Appeals), CBA recommends
expanding the cumulative effects analysis by employing both methods. Using both the
list method and the Regional Growth Projections method will ensure that all forecasted
potential cumulative projects in the localhegional vicinity of the proposed project are
included in the EIR. This task has been provided as an optional work order in the
attached budget that may be selected for inclusion in the proposed scope amendment by
signing the additional authorization entitled OPTIONAL Task 5.
Cost Estimate
A detailed cost estimate based on individual task is presented in Attachment 1 for the
City’s review and approval. Please contact me at your earliest convenience if you have
any questions regarding our proposed amendment. We look forward to a favorable
consideration of this request and seek your immediate authorization to continue our work.
Authorization for the amended scope of services may be provided immediately by
signing both copies of this letter and returning one copy to CBA. (Note: Two
authorizations are requested of the City: one for Tasks 1 through 4 and the other for
OPTIONAL Task 5).
Sincerely,
John E. Bridges, FAICP
Managing Principal
Authorization
(Tasks 1 through4):
City of Carlsbad
Attachments (1)
Authorization
(OPTIONAL Task 5):
City of Carlsbad
Attachment 1
Cost Estimate - La Costa Town Center EIR Budget Amendment
AGREEMENT BETWEEN CITY AND APPLICANT
FOR PAYMENT OF EIR CONSULTANT
THIS AGREEMENT is made this &* day of flyk$@d ,20&
between the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as CITY, and La Costa Town Square LLC. hereinafter referred to
as "APPLICANT".
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request for
approval of a proposed project identified as La Costa Town Square requiring an
Environmental Impact Report; and
WHEREAS, CITY has determined that its current staff is inadequate in
number to process the Environmental Impact Report in a timely and thorough manner;
and
WHEREAS, APPLICANT in order to ensure the expeditious processing of
said Environmental Impact Report desires to pay to CITY the amount necessary to hire
a CONSULTANT.
NOW, THEREFORE, in consideration of the covenants and conditions, it
is agreed as follows:
1. The CITY will engage the firm of Cotton Bridges Associates
hereinafter referred to as "CONTRACTOR to perform the necessary work in the
processing and monitoring of the Environmental Impact Report for that area more
particularly depicted upon a site map attached as Attachment 1 and made a part of this
agreement.
2. It is understood that the CONTRACTOR services shall conform to
1 Rev. 07/31/00
the Proposal attached as Attachment 2 and made a part of this agreement, and may
require:
a) Field exploration;
b) Weekly communication with the City staff;
c) Written reports; and
d) Such other work necessary to properly evaluate the
proposed project as directed by the Planning Director.
3. It is understood that the CITY will direct the CONTRACTOR to
complete a draft and final Environmental Impact Report at the earliest feasible time.
The CITY will advise the APPLICANT in writing of any impacts which may render the
proposed project infeasible within a reasonable time after CITY has received the
CONTRACTOR'S conclusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost of the
CONTRACTOR 's services. Such cost shall be based on the costs set forth in
Attachment 3. The APPLICANT has advanced the sum of One Hundred Fifty-five
thousand Four Hundred sixty-five dollars ($ 155,465) as payment on account for the
actual cost of the CONTRACTORS services. In the event it appears, as the work
progresses, that said sum will not be sufficient to cover the actual cost, the CITY will
notify the APPLICANT of the difference between the amount deposited and the new
estimated cost. CITY will ensure, to the extent feasible, that no further work will be
performed by the CONTRACTOR incurring an obligation beyond the amount advanced
without an appropriate amendment to this Agreement. If the actual cost of preparing
the report is less than the APPLICANT'S advance, any surplus will be refunded to
APPLICANT by CITY.
2 Rev. 07/31/00
5. It is understood that the CONTRACTOR shall be an independent
contractor of the CITY and CITY shall not be liable for any negligent acts or omissions
of the CONTRACTOR. The APPLICANT agrees to permit the CONTRACTOR to enter
upon his property and to perform all work thereon as the CONTRACTOR deems
necessary to complete the Environmental Impact Report. It is agreed that the
APPLICANT will not interfere with the CONTRACTOR in the performance of such work
or attempt to influence such CONTRACTOR during the course of his investigation and
report.
6. It is understood that the CITY will attempt to bring the
Environmental Impact Report to Planning Commission and City Council as soon as
possible, barring no delays from the APPLICANT.
7. The City shall not be required to defend any third party claims and
suits challenging any action taken by the City with regard to any procedure or
substantive aspect of the City’s environmental process and approval of development of
the property. If the City, in its sole and absolute discretion defends such action or
proceeding, the Applicant shall be responsible and reimburse the City for whatever
legal fees and costs, in their entirely, may be incurred by the City in defense of such
action or proceeding. The City shall have the absolute right to retain such legal counsel
as the City deems necessary and appropriate. Applicant shall reimburse the City for
any award of court costs or attorney fees made against City in favor of any third party
challenging either the sufficiency of a negative declaration or EIR or the validity of the
City’s approval of the application. This obligation survives until all legal proceedings
have been concluded and continues even if the City’s approval is not validated.
...
3 Rev. 07/31/00
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
Executed by APPLICANT this 3e33 day of FEEWO Re%' ,2Ou.
APPLICANT:
La Costa Town Square LLC.
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
(Name of Applicant) Mayor
Bv:
(sign here)
(print name here/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 ofticer(s)
signing to bind the corporation.)
authorizing the partner to execute this instrument).
(If signed by an individual partner, the partnership must attach a statement of partnership
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
A Rev. 07/31/00
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On -c,, 3 2@.4 before me,
Notary Public, personally appeared \To/ n 7% ;?Jr C) f. K- , [dpersonally
known to me - or [ ] proved to me on the basis of satisfactory e$dence to be the person& whose
name@)@e subscribed to the within instrument and acknowledged to me that he/&dtky
executed the same in hisihkheir authorized capacity(&), and that by hiskdtheir signature@
on the instrument the person@, or the entity upon behalf of which the person@ acted, executed
the instrument.
WITNESS my hand and official seal.
ATTACHMENT 1
LA COSTA TOWN SQUARE
EIR 01 -02
.. ~*-",*** ' .
This scope of work desakes the specifK ta& CottonlkidgeslAssociates (CBA) proposes to perform in preparing the EIR for
the proposed La Costa Tow Square project (herein after referred to as "the project") based on our current understanding of
the project and scope of environmental iswes. This scope of sewices has been tailored to meet the processing requirements
and level of effort typicanyrequired for preparing ElRs for the City of Carlsbad. The EIR will be prepared in accordance with
CEQA, the Carlsbad Environmental Protection Ordinance, and the Gty of Carlsbad "Required Format and Contents of an
Environmental Impact Report for the Ci of Carlsbad." Task objectives, work products, and methods are described for each
task
Technical Studies
Our scope of work assumes that the technical studies listed in the Cis November 25, 2002 Request for Proposals will be
provided to CBA in a timely manner. These studies include, but are not limited to the following key reports:
Hydrology and Hydraulic Study (O'Day)
Biological Resources Study and Focused Survey (RECON)
Noise Assessment (Padc Noise Control)
Traffic Study (WPA Traffic Engineering)
Cultural Resources Study (RECON)
Paleontological Resources Study (San Diego Natural History Museum)
GeotechnicallSoils Study (GeoSoils)
Final Program EIR for the Villages of La Costa Master Plan (T&B Planning Consultants)
Mher reference documents cited in the November 25,2002 RFP
For purposes of our scope, we assume that the technical reports have been prepared to the satisfaction of the City of Carlsbad
and CBA for purposes of preparing the EIR. We also assume that the technical consultants will be responsible for making
revisions (if required) as a result of Ci comments on screencheck ElRs andlor CBA review of the documents. We will provide
third-party technical review of key studies; however, our scope of work does not include revising these technical reports or
supplementing the information contained within these reports to make them adequate. We will obtain signed statements of
responsibility for each of the technical reports prepared for the EIR and include these statements in the appendices.
Task 1 .O Project Initiation
The purpose of this task is to initiate preparation of the EIR with the City and prepare a project desniption for the proposed
project which will provide the foundation of the EIR analysis.
Subtask 1 .I Kickoff Meeting
CBA will meet with the CQ to initiate preparation of the EIR. The purpose of the meeting is to discuss the scope and definition
of the project, status of technical report completion (if applicable), and overall project schedule.
, ~ 7:. j. .;i ' ,
CononlBridgeslAssoaates
999756.0180 1 La Costa Town Square EIR
City of Carlsbad
Subtark 1 .Z Inspect Project Area
CBA will survey the project area and surrounding vicinity to generally identify the existing environmental conditions including
land use, infrastructure, drainage, vegetation and topography, as well as other environmental issues directly applicable to the '
project site. For this task, we assume that arrangements can be made to obtain access to the site.
Subtark 1.3 Review Documents
CBA will review necessary information related to the project available from the City of Carlsbad as identified in the Request for
Proposal. These documents include project plans, previous environmental documents, technical studies prepared for the
project, and other available studies relevant to the project area.
Subtask 1.4 Cumulative Related Projects
To identify cumulative impacts, related projects must be defined early in the EIR process. CBA will work with the City to prepare
a draft and final list of related projects that will need to be considered in the cumulative analysis. CBA will also identify
assumptions regarding regional growth forecasts and General Plan buildout, absorption rates, and other factors important in
estimating cumulative impacts.
Subtask 1.5 Project Description
A detailed draft project description will be prepared by CBA based on the proposed project plans and submitted for review by
the City. This step is to ensure that we understand all aspects of the project before beginning detailed environmental analyses
of the project in the EIR. The project description will include the project location, potential interaction with nearby projects,
related actions associated with the project, the relationship of the project to local and regional plans, and a list of the agencies
required to act on the project proposals and their necessary approvals.
The project description will also include the prow objectives, a statement of benefits that may accrue, and what needs are
met by the project. The project objectives and statement of justification will be prepared by CBA after consultation with the City
staff. A final project description will be prepared which incorporates revisions based on Cii review of the draft project
description. Maps and figures will be provided as applicable to support the textual descriptions of the project.
Subtask 1.6 Initial Study/ Notice of Preparation (NOP)
The City of Carlsbad will be responsible for preparation and distribution of the Initial Study and Notice of Preparation for the
EIR. CBA will review a draft of each of these documents to ensure issues are properly identified and discussed and the
documents are prepared consistent with CEQA requirements.
Task 1.0 Work Products:
Draft Project Description (3 copies)
Final Project Description (3 copies)
Draft Cumulative Projects List (3 copies)
Final Cumulative Projects List (3 copies)
CottonlBridgeslAssociates
999756.0180 2 La Costa Town Square EIR
City of Carlsbad
Task 2.0 First Screencheck EIR
The purpose of this task is to prepare a complete screencheck EIR for review by the City. The document organization
described is designed to meet the requirements of CEQA, the CEQA Guidelines, the Carlsbad Environmental Protection
Ordinance, and the City of Carlsbad "Required Format and Contents of an Environmental Impact Report for the City of
Carlsbad." The screencheck ElRs will be complete documents, providing all text, tables, and figures.
The following structure and content will be used for the EIR:
Introduction/Summary
The IntrodudionlSummary will include: 1) project synopsis; 2) summary of significant impacts and mitigation measures that
reduce the significant impacts; 3) project alternatives; 4) areas of controversy; 5) issues to be resolved by the decision making
body.
The Summary will be formatted to clearly identify appropriate agency findings with regard to mitigation measures and
significant effects of the project in each environmental issue area analyzed. This will be accomplished by providing the
summary of impacts and mitigation measures in a tabular format listing the environmental impacts identified for each
environmental issue area, recommended mitigation measures, and level of significance after mitigation. (Exhibits: Project
Maps, Project Description Table, Environmental Impacts and Mitigation Measures Table, and Comparison of Alternatives Table.)
Section 1 .O Project Description
The project description will provide a detailed description of the proposed project. This section will include a description of the
project location in a local and regional perspective, project objectives, intended uses of the EIR and discretionary actions
associated with the project, environmental setting, and availability of reports. (Exhibts: Regional Setting Map, Project Location
and Boundaries Map, Project Plans and Figures, Aerial Photograph, others as appropriate)
Section 2.0 Environmental Setting
Section 2.0 will provide a general environmental setting of the proposed project. This section will describe baseline conditions,
resources unique to the region, and consistency with regional plans. A more detailed environmental setting will be provided
within each impact section.
Section 3.0 Significant Environmental Impacts
Section 3.0 of the EIR will provide the detailed environmental analysis for each of the environmental issues examined in the
EIR. The format of each environmental section (e.g., land use, traffic, air quality) will be: existing conditions, thresholds of
determining significance, analysis of project effects and determination as to significance, mitigation measures, and conclusions.
The following issues will be analyzed in the EIR:
Section 3.1 Land Use. The project site is located in an area of the Gty that is presently experiencing the effects of a major
capital improvement project - the realignment and widening of Rancho Santa Fe Road. The proposed project involves
approval of a General Plan Amendment, Amendment of the La Costa Master Plan, Zone 11 Local Facilities Management Plan
Amendment, Tentative Map, Site Development Plan, and Hillside Development Permit. The area is partially surrounded by
developed land and property which has project applications on file that are being reviewedlhave been approved. The adoption
those areas which may be developed. Existing General Plan Land Use Map designated Open Space will be realigned to
of a Habitat Conservation Planlopen Space Management Plan for the property has established the areas to be preserved and
maintain an open space buffer between the commercial and residential land uses.
CottonlBridgeslAssociates
999756.0180 3 La Costa Town Square EIR
City of Carlsbad
Land use impacts will be described in terms of existing and proposed land uses on the site with a focus on: a) land use
compatibility (Le., types of uses and scale, development intensity, infrastructure, and pattern of development). between the
proposed use and surrounding uses, either existing or planned b) consistency with existing plans and policies for the site; and
c) consistency with other adopted plans, ordinances and policies as applicable. The land use compatibility evaluation will focus
on the compatibility of the project with adjacent residential development to the west and south. The land use section will
provide an evaluation of the project's consistency with the General Plan, HCP/OSMP and implementation agreement, Zoning
Ordinance including Hillside Development regulations, Planned Community Zone and Growth Management Chapter; Landscape
Manual, Open Space and Conservation Resource Management Plan, La Costa Master Plan, and Subdivision Regulations.
Section 3.2 TransportationlCirculation. The proposed project will result in the generation of additional traffic in the
area. CBA will use the traffic report prepared by WPA Traffic Engineering for the project (La Costa Town Center Traffic Study,
dated February 26, 2001) and reviewed for adequacy by RBF under separate contract to the City, to address: a) project-
specific traffic generation; b) impacts to intersections and street segments in the vicinity of the project site; and c) cumulative
traffic impacts to street segments and intersections potentially impacted by the proposed project. CBA will, in close
coordination with City Staff, utilize the WPA report and develop the traffic section of the EIR to:
a) Analyze project impacts to the point of the street network where project related traffic is 20% or more of total traffic;
b) Identify LOS for the road segments and intersections for the current, near-term and build-out scenarios as it relates
c) Ensure conformance against SANTECATE Guidelines (including CMP analysis) for traffic impact studies in the San
d) Coordinate the traffic section with the assumptions made within the City's latest build-out traffic model;
e) Review the TM and site plan exhibits and identify any potential conflicts for intersection sight distance and vehicular
f) Identify any potential project impacts to areas outside the City and if the project requires any mitigation measures;
g) Ensure that all required mitigation measures identified in the report, TM and site plan are included in the EIR for the
h) Include vehicular traffic, public transportation, bike and pedestrian circulation system potential hazards and parking
to the proposed project;
Diego region;
decisions associated with the project, using Caltrans standards;
project; and
analysislissues in the EIR.
Section 3.3 Air Quality. Development of the project site can be expected to result in an incremental increase in local and
regional air pollution. Short-term and long-term impacts to air quality will result from project implementation. Impacts to air
quality will be described and analyzed in terms of a) project emissions from vehicular (short-term, long-term and buildout)
and stationary sources; b) construction-related emissions; c) impacts on sensitive receptors; and, d) relation tolcompliance
with existing state and federal standards, and SDAPCD Regional Air Quality Strategy and existing land use assumptions.
CBA will utilize the URBEMIS2001 for air quality modeling program to estimate vehicular and energy emissions. Vehicle trip,
electricity and gas emissions will be projected. Emissions after implementation of mitigation measures will be estimated to
address significant air quality impacts by selecting appropriate mobile and stationary source mitigation measures. The
environmental setting will discuss criteria pollutants regulated by the San Diego Air Pollution Control District (SDAPCD) and the
Environmental Protection Agency (EPA), as well as monitored ambient levels of criteria pollutants in the project vicinity. CBA
will also evaluate the potential for carbon monoxide "hot spots" and their potential impacts to nearby existing and future
sensitive receptors. Our scope includes preparing CO "hot spot" analysis for up to six intersections for one traffic scenario
(e.g., buildout conditions). Potential mitigation measures will vary by criteria pollutant and emission source, but could include
actions such as dust control measures during construction, local transit improvements to enhance station access, and
amenities to encourage non-motorized or electric vehicle access modes.
Section 3.4 Noise. Future development of the project site will result in short-term construction noise and long-term noise
associated with traffic generation and urban uses. Vehicular noise generated from Rancho Santa Fe Road and La Costa
Avenue is likely to be the primary noise source affecting the project, although the proposed amphitheater may also create
CottonlBridgeslAssoflates
999756.0180 4 La Costa Town Square EIR
City of Cadstad
noise impacts. CBA will conduct a third-party review, and will utilize the noise analysis and findings prepared by Pacific Noise
Control for preparation of this section of the EIR. CBA will also assess the relationship between project noise impacts and
policies of the City's Noise Element to ensure that proposed mitigation measures do not conflict with the General Plan.
Section 3.5 Paleontological Resources. The project site is underlain by geological formational materials that have a
potential to contain fossils. We will utilize the paleontological resources study prepared by the Natural History Museum
(February 20, 2001) in order to prepare this section of the EIR. CBA will complete a third party review of the report for
accuracy and incorporate its findings into the EIR.
Section 3.6 Biological Resources. The project site is located within an area that contains sensitive biological habitat that
will be impacted by proposed development. Additionally, an HCP and implementation agreement were approved for the
property in 1995. CBA will utilize the biological resources reports and focused surveys prepared by RECON (March 16, 2001
and July 6, 2001) to prepare this section of the EIR, if no Raws are found. We will conduct a third-party review of the biological
resources report and focused surveys to ensure that potential biological impacts have been properly addressed, including
evaluating the methodologies and conclusions, and mitigation measures. This third-party review will include one field visit (one
day) by an in-house biologist to verify field conditions are correctly identified on the biological resources maps, but does not
include any additional protocol surveys or permitting.
We will also review the approved HCP and implementation agreement and evaluate potential impacts to endangered,
threatened or rare species and their habitat, with special focus on any which were not evaluated under the HCP and could
require additional mitigation. Light and glare impacts on the preserve areas will also be analyzed.
Section 3.7 HydrologylWater Quality. The proposed project will result in additional surface runoff as a result of the
creation of impervious surfaces including commercial/office development, residential home sites and roadways. CBA will
conduct a third-party review of the technical studies prepared by O'Day Consultants (February 12, 2001). CBA will review all
reports prepared for the site and surrounding area and discuss impacts to hydrology describing: a) increased runoff
associated with proposed development and the corresponding impact to off-site facilities and the downstream watershed (Le.,
Batiquitos Lagoon): b) impacts of increased runoff on existing drainage improvements; c) physical improvements to control
runoff proposed within the project; d) impacts to groundwater, if any, related to the proposed detention basin; and e) surface
water quality impacts associated with construction and long-term conditions and NPDES permit compliance.
Section 3.8 Geology and Soils. The project will resuk in development on currently vacant land. While no major
geotechnical issues are known within the project site, there may be localized geological and/or soils conditions that will need to
be evaluated. CBA will perform a third-party review of and utilize the two geotechnical evaluations prepared by GeoSoils, Inc.
as the basis of the geology and soils section of the EIR if no flawslinadequacies are found. In particular, CBA will examine the
report in terms of unstable soils, remedial earthwork, landslides, rocky soils, fault rupture, seismic ground shaking, subsidence,
for blasting and its effect on adjacent properties.
settlement, surcharging, liquefaction, proposed slope stability, and groundwater impacts. Evaluation will also include the need
Section 3.9 Hazards. The project site is located in an area subject to wildland fire, flooding from failure of the Mahr
Reservoir Dam, electromagnetic fields related to high voltage electrical transmission lines, and blasting for site grading. The
EIR will address the potential impacts of those hazards on the project. To complete this section, CBA will review the Village of
La Costa Master Plan and its EIR for discussion of dam failure, contact the City's Fire Marshall to identify level of wildland fire
risk, review and analyze the GeoSoils geotechnical evaluations for blasting effects, and contact San Diego Gas & Electric and
EPA sources for assessment of electromagnetic field impacts.
topography. Computer-modeled visual simulations will be prepared of the project site that depict the existing Conditions,
Section 3.10 Visual Aestheticrlbrading. The proposed project involves cut and fill slopes in an area of changing
proposed graded pads, and the graded pads with the proposed maximum building heights depicted. A total of three view
locations will be modeled. Impacts associated with landform alteration will be analyzed for compliance with the Cis Hillside
CononlBridgeslAssociates
999756.0180 5 La Costa Town Square EIR
City of Carlsbad
Development Ordinance. Development of the site will also generate new sources of light and glare and CBA will also analyze
such impacts.
Section 3.11 Public Services and Utilities. Development of the proposed project may result in an increase in demand
for public services and utility systems, including: a) water; b) reclaimed water; c) sewer; d) gas and electric; e) police
protection; r) fire protection; g) schools; and h) solid waste. The EIR will address project impacts on the above public sewices
and utilities in terms of the increase in demand the project places on services and utilities, as well as the environmental impact
associated with the expansion or construction of new facilities required to serve the project.
For purposes of our scope of work, we have assumed that we can rely on the public services and facilities information that is
provided in the LFMP 11 plan for preparation of this section. We assume that the hydraulic model and sewer study will be
provided in the LFMP 1 1.
Section 4.0 Project Alternatives
As described in the CEQA Guidelines, CBA will prepare an EIR that describes a reasonable range of alternative to the project,
focusing on alternatives capable of eliminating any significant adverse environmental effects or reducing them to a level of
insignificance. CBA will examine up to four alternatives within the EIR. These alternatives are tentatively defined as the “No
Project” alternative, an Existing General Plan+Existing Master Plan+HCP alternative, an environmentally superiorlreduced
impact alternative, and an alternative sites analysis. The specific description of alternatives will be based on discussion and
agreement between the City and CBA.
(Exhibits: Matrix comparing environmental effects of alternatives, graphic exhibits of alternatives as appropriate) To allow
decision makers to easily weigh the advantages and disadvantages of the alternatives compared to the proposed project, CBA
will include a matrix comparing the relative impacts of each alternative and a narrative description of the environmental
advantages and disadvantages of each alternative.
Section 5.0 Long-Term Environmental Impacts
This section will identify the potential cumulative effects resulting from this project, and other known projects identified by City
staff. All cumulative effects will be discussed in this section to clearly separate the project effects from effects which are only
significant when combined with effects of other projects.
This section will also address growth-inducing impacts, significant irreversible environmental changes resultant from project
implementation, and significant environmental effects which cannot be avoided if the proposed project is implemented. The
growth-inducing section will address the potential of the proposed project to either directly or indirectly induce economic or
population growth in the surrounding environment. The phasing of community services and facilities to serve the new
development and the potential for the development to use large amounts of fuel or energy are also discussed. Potential
growth inducing impacts will be assessed in terms of the project‘s compliance with local and regional growth management
policies. The EIR will also address significant irreversible environmental changes associated with implementation of the project,
such as the use of nonrenewable resources and the irretrievable commitment of the resources. A subsection of this section of
the EIR will also identify areas of significant impact that based on the analysis contained within the EIR cannot be reduced to a
less than significant level.
Section 6.0 Environmental Impacts Found to be Not Significant
This section will address the impacts found to be not significant as part of the EIR process and the impacts found not to be
significant during the Initial Study.
Cotton/Bridges/Arsociates
999756.0180 6 La Costa Town Ware EIR
City of.Cadsbad
Section 7.0 References
This sedion will identify organizations, persons and documents consulted in preparation of the EIR.
Section 8.0 List of Persons who Prepared the EIR
Firms and individuals involved in the preparation of the document will be identified in this section.
Task 2.0 Work Products:
First Screencheck EIR and Appendices (5 copies)
Task 3.0 Second Screencheck EIR
The City will review the first screencheck EIR and Appendices and identify revisions in the form of a single marked-up copy of
the documentlappendices indicating all desired changes, corrections and areas for expansion, etc. CBA will prepare a second
City screencheck EIR and appendices incorporating City's comments on the first screencheck EIR, as well as a first draft of the
Mitigation Monitoring and Reporting Program. A separate draft Mitigation Monitoring and Reporting Program will be prepared
and will include monitoring team qualifications, specific monitoring activities, and a reporting system for evaluating the success
of mitigation measures.
Task 3.0 Work Products:
Second Screencheck EIR, Appendices and Mitigation Monitoring and Reporting Program (5 copies)
Task 4.0 Draft EIR
The fity will review the second screencheck EIRlappendiceslMMRP and prepare revisions in the form of a single marked-up
copy of the document indicating all desired changes, corrections and areas for expansion, etc.
CBA will incorporate City comments on the second screencheck EIR, appendices and MMRP into a public review Draft EIR. The
will be responsible for the distribution of the Draft EIR to public agencies and other interested parties.
public review Draft EIR, including appendices and MMRP, will be printed and copies will be prepared for distribution. The City
CoaonlBridgeslksociates
999756.0180 7
City of Carlsbad
La Costa Town Square EIR
Task 4.0 Work Products:
Draft EIR, Appendices and Mitigation Monitoring and Reporting Program
25 copies 3-ring binders
20 copies spiral bound
1 unbound reproducible copy
5 copies CD ROM'
'We assume the technical reports can be provided to CBA in an electronic format.
Task 5.0 Responses to Comments and Screencheck Final EIR
CBA will prepare responses to comments received on the Draft EIR during the 45-day public review period. We have provided
a budget estimate for preparation of responses to comments that assumes a moderate amount of controversy with respect to
this project based on the size and location of the project. This estimate will need to be refined based on the actual volume and
complexity of the comments received on the Draft EIR. A final set of responses to comments incorporated in a screencheck
Final EIR will be prepared incorporating revisions identified by the City.
Task 5.0 Work Products:
Screencheck response to comments (1 0 copies)
Final responses within a Screencheck Final EIR (10 copies)
Task 6.0 Final EIR
Based on comments received by City staff on the screencheck Final EIR, CBA will prepare the Final EIR document for
consideration by the Planning Commission and City Council.
Following receipt of City direction for any modification to the screencheck Final EIR, the Final EIR will be prepared including the
following changes to the Draft EIR:
Revised cover page;
Introduction to Final EIR;
Revised table of contents:
Project Overview;
Revised text of ElRs incorporating changes:
List of Comments Received on the Draft EIR; and,
Comments received and responses to comments on the Draft EIR.
Task 6.0 Work Products:
Final EIR and Appendices
25 copies 3-ring binders
20 copies spiral bound
1 unbound reproducible copy
5 copies CD ROM*
CottonlBridgeslksociates
999756.0180 8 La Costa Town Square EIR
Gty of Caksbad
Task 7.0 Findings of Fact (FF) and Statement of Overriding Considerations (SOC)
This task will involve the preparation of draft Findings of Fad pursuant to the CEQA Guidelines for significant environmental
effeds of the project, and a draft Statement of Overriding Considerations, if required, for City Council action. Based on
comments received by City staff on the draft Findings of Fad and Statement of Overriding Considerations, CBA will prepare the
Final Findings and Fad and Statement of Overriding Considerations document for consideration by the City Council.
Task 7.0 Work Products:
Draft Findings/SOt (1 0 copies)
Final Findings/SOC (10 copies)
Task 8.0 Meetings and Hearings
Subtask 8.1 City Staff Meetings
CBA will attend meetings with the City staff to facilitate preparation of the EIR, resolve issues, and review screencheck
documents. The attached budget spreadsheet identifies the hours assumed for this task. We have budgeted for 7 staff
meetings and one public scoping meeting.
Subtask 8.2 Hearings
The CBA projed manager and/or principal will also attend hearings before the Planning Commission and City Council to provide
expert testimony on the EIR. Our cost estimate assumes a total of two (2) Planning Commission and two (2) Ci Council
meetings. The attached budget spreadsheet identifies the hours assumed for this task.
Cost Estimate
A detailed cost estimate is attached indicating projed personnel, hours by task, labor cost and estimated expenses. Our
budget estimate is $1 55,465. For all items described in the scope of work with the exception of changes in project description
unanticipated and unbudgeted effort in responding to Draft EIR comments, additional meetings and document copies, services
will be provided within the budget shown.
CottonlBridgeslAssociates
999756.0180 9 La Costa Town Square EIR
city of Carlsbad
ATTACHMENT 3