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HomeMy WebLinkAboutQuarry Creek Investors LLC; 2012-02-10;AGREEMENT BETWEEN CITY AND APPLICANT FOR PAYMENT OF EIR CONSULTANT EIR 11-02 QUARRY CREEK THIS AGREEMENT is made this lO^day of fetrUOTC^ . 2012, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter refen-ed to as CITY, and Quartv Creek Investors. 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 Quarry Creek Master Plan 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 HDR Engineering, Inc. hereinafter referred to as "CONTRACTOR" to perform the necessary work in the processing and monitoring of the Environmental Impact Report for that area more particulariy depicted upon a site map attached as Attachment 1 and made a part of this agreement. 2. It is understood that the CONTRACTOR services shall conform to the Proposal attached as Attachment 2 and made a part of this agreement, and may require: a) Field exploration; b) Weekly communication with the City staff; c) Written reports; and d) Such other work necessary to properly evaluate the proposed 1 Rev. 11-5-09 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 fime 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 $ 167.597.00 as payment on account for the actual cost of the CONTRACTOR'S 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. 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 invesfigalion and report. 6. It is understood that the CONTRACTOR'S responsibility will be solely to the CITY, and that the CONTRACTOR'S accountability will be solely to the CITY, and not the APPLICANT, who is not an intended beneficiary of the CITY'S agreement with the CONTRACTOR forthe processing and monitoring ofthe Environmental Impact Report. 2 Rev. 11-5-09 7. It is understood that the CITY will attempt to bring the Environmental Impact Report to Planning Commission and City Council as soon as possible, barring no delays from the APPLICANT. 8. The City shall not be required to defend any third party claims and suits challenging any action taken by the City with regard to any procedure or substantive aspect of the City's environmental process and approval of development of the property. If the City, in its sole and absolute discrefion defends such acfion or proceeding, the Applicant shall be responsible and reimburse the City for whatever legal fees and costs, in their enfirely, may be incurred by the City in defense of such acfion 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 applicafion. This obligafion survives until all legal proceedings have been concluded and confinues even if the City's approval is not validated. Rev. 11-5-09 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Executed by APPLICANT this iH '^av of TSa nua r\.-7 . 2012. APPLICANT: CITY OF CARLSBAD, a municipal corporafion of the State of California /l&i'-C'Ay Manager of-Mayor- ame here/title) ' (sign here) ^ (print name here/title) ATTEST: LORRAINE M. WOOD, City (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chainnan, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Othenvise, 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 Rev. 11-5-09 CALIFORNIA ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On January 17,2012. before me, Ann M. Futo. Notary Public, personally appeared Todd Galameau and Don Mitchell, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that fee/she/they executed the same in his/her/their authorized capacity(ies), and that by his4ier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ANN M. FUTO Commission # 1832730 Notary Public - California ^ San Dieflo County r"y iPy";- ^toires Jan 23. pniq | Notary Form 2012 CERTIFICATE OF SECRETARY OF McMILLIN HOMES CONSTRUCTION, INC. The undersigned hereby certifies (i) that she is the Secretary of McMillin Homes Construction, Inc., a California corporation (the "Corporation"), that the Corporation is the General Partner of McMillin Management Sen/ices, L.P. a Califbrnia limited partnership ("MMS"), and that MMS is the manager of Quany Creek Investors, LLC, a Delaware limited liability company ("Quarry Creek"). The undersigned fijrther certifies (ii) that the below named individuals, as Officers of the Corporation, the General Partner of MMS, any two officers signing together, are authorized and directed to execute on behalf of the Corporation and MMS and any entities that MMS manages, any and all documents, induding, but not limited to: contracts, loan documents, escrow instructions, deeds, conveyances, assignments, notices of completion, promissory notes, maps, subdivision documents and easements; and to do all acts and things which may be deemed necessary or advisable in order to carry out the business ofthe Corporation, MMS, and Quarry Creek. Scott M. McMillin Chairman/CFG Mark D. McMillin CEO Guy Asaro President Ceci Doty Executive Vice President Gordon MacKenzie Executive Vice President Mark E. Doyle Executive Vice President Robert F. Anselmo Executive Vice President Dave Warren Senior Vice President Don Mitchell Senior Vice President Greg Schulte Senior V. P./CAO/Treasurer Jon Bell Senior Vice President Rey Ross Senior Vice President Robin Lewis Senior Vice President Sandy Perlatfi Senior Vice President Todd Galarneau Senior Vice President Bill Walls Vice President Carrie Williams Vice President Dennis Puiido Vice President Ed Berlanga Vice President Greg Araujo Vice President Jamie MacKenzie Vice President Jefl' Chaddick Vice President Jerry Hamilton Vice President Les Leininger Vice President Linda Gutierrez Vice President Patricia Walker Vice President Patti Basile Vice President/Assistant Secretary Stan Castillo Vice President Stephanie L. Pfafl' Vice President/Secretary Steve Musgrove Vice President Vicki Corcoran Assistant Vice President Rhonda Dow Assistant Secretary IN WITNESS WHEREOF, this Certificate of Assistant Secretary has been duly executed on this 19 day of January, 2012. Stephanie ie JL. Pfaff, Secretary / (Jf > \ wor ro SCALE SITEMAP Quarry Creek Master Plan EIR 11-02 The City ofCarlsbad Enuironmental impact Report Quarry Creek Master Plan Project 4. Scope ofWork and Deliverables HDR 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 ofthe 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. HDR will work closely with the City throughout the CEQA process and will follow the City Environmental Review Procedures. HDR will prepare environmental documents that comply with the criteria, standards and procedures ofthe California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.), the State CEQA Guidelines (California Code of Regulations Section 15000 etseq.) as amended, the Carlsbad Environmental Protection Ordinance (Titie 19 of the Carlsbad Municipal Code), and the regulations, requirements and procedures ofany other responsible public agency or any agency with jurisdiction bylaw 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. We will maintain a proper administrative record and file keeping as it relates to our tasks, from project start-up through certification ofthe Final EIR by the City Council. 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 ofthe project. The EIR wifi provide an evaluation of all feasible mitigation measures that could be carried out to reduce or eliminate adverse impacts of the proposed project. HDR 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, HDR will prepare a list of data needs and a refined project schedule (based on the actual notice to proceed date). We will review and discuss the schedule at the kickoff meeting and make any further refinements as necessary. As an outcome ofthe meeting, the project team will have a clear understanding of the roles of each team memben Project goals and objectives will be identified and the project alternatives to be evaluated in the EIR will be confirmed. Subtask 1.1 Data Collection and Site Visit HDR will conduct initial data collection for the project and review the existing environmental database (e.g.'s Applicant-provided technical studies. Amended Reclamation Plan for the South Coast Materials Quarry and related environmental documentation and technical studies). We will review the Former South Coast Quarry Amended Reclamation Plan Final Subsequent EIR in detail, including the various comments and responses, which will provide a strong foundation for understanding various agency and community concerns regarding environmental issues germane to this project. We will conduct a site visit to obtain a full understanding ofthe existing environmental setting of the project site and surrounding land uses. Site photos will also be taken of the project area and included in the EIR as appropriate. 37 The City ofCarlsbad Enulronmental impact Report Quarry Creek Master Plan Project Subtask 1.2 Project Description HDR will prepare a Project Description of the proposed project, suitable for inclusion in the Notice of Preparation (NOP) and EIR. The purpose of this task is to ensure that we have a complete understanding ofthe project prior to commencing environmental analysis. We will prepare a Draft Project Description for review by the project team. We will finalize the Project Description based on project team review comments. The City will be responsible for the preparation and distribution ofthe NOP. Task 1 Deliverables: One (1) digital copy of the Draft Project Description for City/project team review and comment. One (1) digital copy of refined project schedule Task 2 First Screencheck Draft EIR HDR 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, and will follow the format requirements as identified in the RFP. We will prepare an EIR Table of Contents / Outiine for review / approval by the city as a preliminary step in the EIR preparation process. 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 ofthe 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 ofthe 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. 38 The City of Carlsbad Enuironmeniai Impact Report Quarry Creek Master Plan Project 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 ofthe 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 ofthe environmental analysis. Lastiy, 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. 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, and importantiy the Former South Coast Quarry Amended Reclamation Plan and how it relates to the context of the proposed project. Relevant plans and policies will also be discussed including the City's Housing Element and SANDAG regional plans. The Environmental Setting section will be detailed enough to constitute the baseline physical conditions by which impact significance can be determined. Consideration and Discussion of Environmental Impacts We understand that a detailed Initial Study checklist will not be prepared as part of the initial steps, as the City has determined that an EIR will be required for the project. Therefore, 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 ofthe 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 v\:ith CEQA Guidehne §15126.4. Environmental issues to be Analyzed in the EIR: The following section summarizes the HDR Team approach to the primary technical analyses for the EIR. All text will be supported by figures, tables, and charts as appropriate. HDR will perform all EIR analyses, with the assistance of its subconsultants for preparation of certain technical studies, as identified below. Third-party review of Applicant-provided technical studies will be conducted, as appropriate, identifying I he City of Cai lsbad Environmental Impact Report Quarry Creek Masier Pian Proiect any flaws/inadequacies in the analysis, and we will work with the applicable technical consultant who prepared the study to revise the analysis/report so that it is suitable for the EIR analysis and inclusion as a technical appendix. Aesthetics/Grading. The project site is located in a highly visible area, as roadways and developments in the surrounding area generally look down onto the site. Currently, a large portion (i.e., the 100-acre Quarry Parcel) of the site proposed for development has been disturbed associated with the aggregate mining operations; however, the panhandle portion of the site has remained in a generally natural condition. Some important natural and man-made features in, and surrounding, the project area include the El Salto Falls on the site's eastern boundary and the Marron Adobe Historic District located to the north of the site. Buena Vista Creek traverses the site fi-om east to west A key view/perspective of the proposed project will be how the proposed project is viewed from the Marron Adobe site and whether the project would intervene between the Marron Adobe site and the El Salto Falls approximately .5 mile to the east. We understand that visual simulations ofthe proposed project, and including these perspectives, are currently under preparation, and will be available for inclusion in the Aesthetics/Grading section ofthe EIR. HDR's role will be to review these simulations to ensure their technical adequacy and incorporate the simulations into the EIR analysis. The following approach is envisioned: 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.. General Plan policies. Hillside Develop- ment Regulations). 2. Visual simulations of the proposed project will be prepared (to be prepared by Helix). We will assist the City in identifying the appropriate viewpoints for the simulations. We anticipate that the visual simulations will show existing conditions and the proposed development condi- tions including proposed graded pads and graded pads with the proposed maximum bufiding heights depicted, and retaining walls. HDR has in-house visual simulation expertise and will conduct a third-party technical review of the visual simulations prepared by Helix. We assume the project engineer will provide existing and proposed topographical information to HDR in CAD format. A maximum technical review of three views/visual simulations have been as- sumed for this scope of work. The visual simulation technical review will involve identification ofany flaws in the methodologies and/or conclusions presented in the visual simulations. If any flaws or technical inaccuracies are identified, HDR will work vnth the visual simulation con- sultant 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 vnth the City's General Plan, Zoning Ordinance, 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) wiW be clearly stated. 40 The Cityof Carlsba Enuironmeniai iinnaet Report Agriculture. The project site is currently not utilized for agricultural resources; however, based on the California Department of Conservation Farming, Mapping and Monitoring Program (2008), portions ofthe site are mapped as Prime Farmland, Farmland of Statewide Importance, and locally important fermland. We will evaluate the proposed project's potential impact to agriculture as it relates to these mapping categories; however, we anticipate that this analysis will be provided within the "effects found not to be significant" (CEQA Guidelines §15128) portion of the EIR (no stand alone chapter would be required for this environmental issue area). Air Ouaiity. The proposed project will involve additional grading and construction activities (beyond those evaluated in the Reclamation Plan), and an increase in residential density above that currentiy contemplated as part of the growth assumptions in the California State Implementation Plan. HDR will utilize LDN Consulting to prepare the air quality assessment for the proposed project. All air quality impacts will be based upon Federal, State and Local Significance Thresholds. The following approach is envisioned: 1. Evaluate the existing conditions ofthe project study area; this will include gathering background air quality data, local wind patterns in the study area and identifying applicable rules, plans and thresholds of significance. 2. Identify construction-related air quality impacts from associated construction activities at the project site which may include import/export of fill dirt, mass grading, etc. 3. A crystalline silica analysis is typically required if there is blasting or rock drilling. Incorporate the silica assessment into the study as appropriate to determine impact potential. 4. Evaluate operational emissions for the proposed project, based upon trip generation projections provided as part of the traffic study. Peak hour trips will be used along with estimates ofthe types of trips generated and average travel speeds to estimate daily emissions generated by the project. In addition, emissions from other operational sources such as heaters, air conditioners, water heaters, and lawn care equipment will also be considered. 5. A CO Hot Spot analysis, if required, of future conditions at key intersections located in the project study area will be prepared in accordance with the Caltrans CO Protocol requirements as described in their "Transportation Project-Level Carbon Monoxide Protocol" from the Institute of Transportation Studies, University of California Davis (UCD-ITS-RR-21), 1997. 6. If the project exceeds the Screening-Level Criteria for Air Quality Impacts as identified hy the San Diego Air Pollution Control District (SDAPCD), more detailed analysis may be required to determine if the project exceeds the State or Federal AAQS. 7. Consistent with the SDAPCD a screening-level diesel health risk assessment will be prepared for emissions resulting from short-term project construction activity, specifically diesel particulate matter. 8. The results of the study will be provided in an air quality analysis report addressing the potential impacts associated with the development and provide several recommended air quality mitigation measures if applicable to the proposed project. Biological Resources. The proposed project site contains a variety of sensitive biological resources, including native habitats, jurisdictional wetiands, sensitive plants, and avian species, both on, and adjacent to the site. A portion of the project site is located within a Hardline Preserve Area as identified in the City's HMP. The City of Carlsbad Enulronmental impact Report Quarry Creek Master Plan Project . * • A biological technical report has been prepared by Helbc Environmental Planning, Inc. (Helix) which will be utilized as the basis of preparation of tiie Biological Resources section ofthe EIR. HDR will conduct a third party review of the Helix biological resources technical report. The following tasks are envisioned: 1. HDR will conduct a third-party technical review ofthe Helix report. This review would involve a field review of the vegetation mapping and wetiand delineation prepared by Helix. HDR will survey the project site and confirm the vegetation and jurisdictional wetiand 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, induding modifications to the floodplain (as applicable) associated with the project 3. Criteria used to determine significance, and significant, less than significant direct and indirect impacts resulting ft-om the project will be identified. The level of significance after implementation of mitigation measures (if applicable) would be clearly stated. Cultural and Paieontological Resources. HDR will utilize the cultural resources study prepared by ASM Affiliates for preparation of the Cultural Resources section of the EIR. We will utilize existing geotechnical information for the project site, as well as previous paieontological studies and information provided in the Former South Coast Quarry Amended Reclamation Plan Final Subsequent EIR to assess the potential for paieontological resources to be encountered as part of grading activities. HDR will conduct a third party review ofthe ASM Affiliates cultural resources technical report The following approach is envisioned: 1. HDR will conduct a third-party technical review of the cultural resources report prepared by ASM Affiliates. HDR will evaluate the adequacy and accuracy ofthe information prepared for the reports to ensure that all work was conducted in accordance with the "City of Carisbad Cultural Resources Guidelines" (December, 1990). A brief reconnaissance ofthe property and any eligible resources will be conducted to assess current conditions and aid in the assessment of ASM's findings, potential project impacts, and proposed mitigation measures. Of particular focus will be an analysis of proposed recommendations for the one significant site that may potentially be impacted by the proposed project (recommended to be avoided). 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 ft-om the project will be identified. The level of significance after implementation of mitigation measures (if applicable) would be clearly stated. Qsology/Soils. The Quarry Parcel portion of the property has been subject to aggregate mining operations and implementation of a reclamation plan. The panhandle parcel is undeveloped. Implementation of the project will involve an estimated 610,000 cubic yards of cut and fill, proposed to be balanced on-site. HDR will utilize the geotechnical reports prepared by Geocon, Inc. to prepare the Geology/Soils section of the EIR and conduct a peer review ofthe report The following approach is envisioned: 1. The geologic setting will be described, and an evaluation vdll be conducted in terms of potential impacts related to unstable soils, remedial eartiiwork, landslides, rocky soils, fault rupture, seismic ground shaking, subsidence, settiement surcharging, liquefaction, slope stability and groundwater impacts. 42 The City of Carlsbad Enulronmental Impact Report Quarry Creek Master Plan Project 2. Criteria used to determine significance, and signiflcant 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. 3. HDR will ensure that the mitigation measures identified in the geotechnical report are included in the EIR. Greenhouse Gas Emissions/Climate Change. The proposed project will result in increases in vehicular trips generated from the project site. Also, emissions will be generated during construction. GHG emissions associated with the project vdll need to be quantified, and an analysis of potential climate change impacts assessed. The project would also be evaluated with respect to applicable regulatory setting including plans and laws that address climate change. This includes Senate Bill 375 and SANDAG regional growth/sustainable communities strategies. Potential chmate change impacts would be addressed including effects to public health, water resources, agriculture, ecosystems/habitats, wildland fires, and rising sea levels. 1. Identify, characterize, and inventory any applicable GHG emissions currentiy being generated at the proposed project site. Evaluate applicable federal and state regulatory requirements (i.e., AB32). 2. Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion that will likely occur during the various phases of construction. Evaluate net increase in applicable GHG emissions associated with long-term mobile source activity. Data available from the project team and technical air quality analysis will be utilized in characterizing GHG-generating activities. 3. Blasting causes a formation of carbon monoxide and also to a lesser extent nitrogen oxides. For ammonium nitrate and fuel oil (ANFO) mixtures, it is expected that nitrogen oxide would be generated. GHG emissions associated with the blasting will be quantified. 4. On-site stationary and area source activity vdll also be evaluated for GHG emissions, the primaiy source of GHG emissions on-site will occur from natural gas combustion. U.S. EPA Emission Factors and methodology will be utilized in the calculation process. 5. The emissions evaluation for short-term construction, long-term mobile source, and long- term stationary source activity will consider project design, and mitigation measures that have the potential to reduce GHG emissions. 6. The results of this study effort will be summarized in a stand along technical report. Hazards and Hazardous Matenals. During removal of fuel tanks in 1997 on the Quarry Parcel, diesel and gasoline impacted soil was detected. An on-going program of environmental investigation and remediation was begun in 1998. The source area excavation and current soil and groundwater remediation effort began in 2005. Site remediation activities are overseen by the San Diego County Department of Environmental Health (DEH) under the Local Oversight Program, Case Number H02509-001, and are also subject to Regional Water Quality Control Board Order No. R9-2002-0342. The project site is also located within and adjacent to areas of thick chaparral and grasslands that may pose a wildfire hazard. The following approach is envisioned: rhe City of Cai Isbad Enulronmental impact Report Quarry Creek Master Plan Project 1. The existing data base regarding remediation activities will be reviewed and presented in the EIR as it relates to the proposed project Remediation activities will be described. 2. The City's Fire Marshall will be contacted to determine the acceptability of proposed development sites adjacent to any high fire hazard areas. It is anticipated that ftiel management zones will need to be reviewed and approved by the Marshall. Any changes would need to be reflected in tiie proposed landscape plans, which in turn, could trigger modifications to the biological analysis with respect to impact acreages and mitigation requirements. Fuel modification zones would need to be in compliance with HMP standards. 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 vdth the proposed project Several technical studies have been prepared for the proposed project that address hydrology, drainage, water quality, and scour with respect to the proposed roadway bridge. Runoff from tiie proposed project will be tributary to Buena Vista Creek and the Buena Vista Lagoon. We will utilize the preliminary drainage report (PDC), drainage report (Chang Consultants), hydraulic and scour analysis (Chang Consultants), and storm water management plan (Rick Engineering) as the basis of preparation of the Hydrology and Water Quality section ofthe EIR. HDR will conduct a third-party technical review of these reports to ensure that all requirements ofthe latest City of Carisbad's Drainage Master Plan and SUSMP are met The following approach is envisioned: 1. HDR will review the drainage study for compliance with City of Carisbad 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. HDR 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. HDR will review and comment on the Storm Water Management Plan for compliance with City of Carisbad 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. We will describe the existing hydrological setting of the project area. 5. HDR will evaluate the proposed drainage systems adequacy in regulating the discharge volumes and rates of drainage from the project site as it relates between pre and post- development conditions. 44 The City ot Carlsbad Enulronmental impact Report Quarry Creek Master Plan Project 6. HDR will, based on a review of the Tentative map, site plans, and Storm Water Management Plan, verify if sufficient Low Impact Design features have been incorporated into the project to the maximum extent practicable, to ensure the post-development scenario mimics the hydraulic characteristics ofthe project as compared to pre-development conditions. 7. HDR will either verify that the project qualifies as exempt from hydromodification requirements in accordance with the Final Hydromodification Management Plan (FHMP), or thatthe proposed hydromodification best management practices are adequate to meet the FHMP and SUSMP requirements. 8. HDR will evaluate all available floodplain mapping and source documents to determine the boundaries of the floodplain as they apply to the project site. Grade alterations proposed by the development shall be reviewed to determine their impact on the floodplain. The consultant shall also review the City of Carlsbad Floodplain Regulations to determine if the project is in compliance with the requirements contained vdthin the ordinance. 9. HDR will evaluate the degree to which the project wifl alter existing drainage patterns to determine if a significant impact will be created. 10. HDR will address and recommend appropriate mitigation measures to reduce erosion potential onsite. 11. HDR will analyze and evaluate the potential impacts to Buena Vista Creek, Buena Vista Lagoon and/or Pacific Ocean and ensure that this project identifies all pollutants of concern, beneficial uses of the Buena Vista Creek, Buena Vista Lagoon, and/or Pacific Ocean, and the BMP measures required to address them. 12. HDR will evaluate the proposed project for National Pollutant Discharge Ehmination System permit compliance. 13. HDR will ensure that maintenance of any permanent detention/pollution control basins is included in the EIR. 14. HDR will identify maintenance requirements ofthe structural BMP measures being implemented with this project 15. HDR vdll ensure that all required mitigation measures identified in the Hydraulic Analysis, Drainage Study, and Storm Water Management Plans are included in the EIR. 16. 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. Directly to the north of the site are portions of Haymar Drive and SR-78 within the City of Oceanside. To the east is the Quarry Creek Shopping Center within the City of Oceanside. South of the project site, set back from the top of a large slope is Calavera Hills, a residential development within the City of Carlsbad. To the west of the site is undeveloped land, including the Buena Vista Creek Ecological Preserve. The project will require the approval of numerous legislative and discretionary actions, with the major actions including General Plan Amendments (Land Use, Open Space and Conservation, and Circulation Element), Zone Change, liiiHB^K' 45 Tlie Cily of Cailsbad Enulronmental Impact Report Quarry Creek Master Plan Proiect Local Facilities Management Program Zone Plan (Zone 25), Hillside Development Permit Habitat Management Plan Permit and Special Use Permit (floodplain). The site has been identified for an increase in density in the City's Housing Element and as a "community center" in SANDAG regional planning efforts. The proposed General Plan Land Use Amendment would change the land use designation of the site from residential low-medium density (0-4 d.u.'s/ acre) to Medium High and High Density Residential, 12 and 22 d.u.'s/acre respectively 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 anal5^ed. This analysis will include a detailed project analysis with respect to the project's consistency vdth the General Plan (and importantiy, the Housing Element), Carlsbad Habitat Management Plan, Carlsbad Zoning Ordinance (Titie 21) including the Growth Management and Hillside Development Chapters, Floodplain Regulations, Open Space and Conservation Resource Management Plan, and SANDAG regional plans. 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. Naise^ The project site is located just south of the SR-78 freevray and Marron Road will be ex- tended through the site. Short-term impacts associated with grading and construction activi- ties, including rock blasting and crushing are anticipated. HDR will utilize LDN Consulting to prepare the noise analysis for the proposed project. The following approach is envisioned: Task 1: Initial Noise Report 1. Ambient sound levels will be taken at two separate locations onsite. Each monitor- ing position will be selected based upon the locations of future noise sensitive areas shown within proposed project site plan. Traffic counts will also be taken, as possible, simultane- ously during the monitoring event for noise modeling calibration. 2. Future Traffic noise will be predicted at all proposed noise sensitive receptor loca- tions. The proposed project traffic study will be utilized for future traffic input assumptions. The FHWA TNM, Version 2.5 noise modeling program or Caltrans' Sound 32 will be utilized as the main prediction model for the aforementioned noise sensitive receptor locations. 3. Once the initial noise model is set up, we will calibrate the prediction model utilizing the ambient noise measurements, geographical locations of those measurements and the simultaneous traffic counts performed in Item 1 above. 4. Utilize the noise prediction software to develop noise mitigation. Noise mitigation will be designed per the procedures outiined within the City's Noise Element ofthe General Plan and City of Carlsbad Noise Guidelines Manual. The acoustical design will be based upon both economic and functional goals set by the City. 46 5. Using the project's traffic study, develop existing traffic noise contours at up to twenty (20) roadway segments in the project study area. Derive the future with project noise contours at up to twenty (20) roadway segments in the project study area. 6. Calculate the direct project contributions by comparing the "with" and "without" project noise contours on the study area roadway segments. Determine if direct impacts consisting of a 3 dBA increase will occur and if sensitive receptors exist along. The cumula- tive noise level increases will also be calculated to determine if a 3 dBA increase will occur in the near term future. If cumulative impacts are found the project contributions will be determined by comparing the fiiture with and without project. 7. The anticipated construction grading activities noise levels will be identified to determine if short term or cumulative impacts vdll occur at the adjacent property lines or identified sensitive habitat areas. If potential impacts are identified, feasible mitigation measures vdll be designed. 8. It is anticipated that blasting and a single rock crushing unit (typically 3-5 ton/day capacity) will be required as part of the construction operation. The rock crusher noise levels vdll be determined based on empirical data and propagated out to the surrounding sensitive land uses. If noise levels from the proposed rock crusher are found to exceed the City's threshold then mitigation measures will be recommended to reduce the noise levels below the threshold. 9. Prepare an initial noise report that summarizes the results ofthe analysis, identifies any impacts and required mitigation measures. Population/Housing. A General Plan Land use amendment will be required as part of the Master Plan approval in order to increase the residential densities of the project site. This would be in concert with the City's Housing Element and SANDAG regional growth strategies. The following approach is envisioned: 1. The existing population/housing setting will be described in terms of existing population and housing on-site, 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 ofthe increase of housing and population on the project site, and a comparison to the General Plan, LFMP Zone 25 unit allowances. 3. The potential for the project to induce growth either directly, or indirectly will be analyzed. 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. Public Services and Utilities. The project site is located within Local Facilities Management Zone 25. A LFMP Zone 25 Plan is under preparation, and would be approved as part of the legislative actions associated with this project The Zone 25 LFMP would evaluate the existing and future development potential for the zone and the anticipated infrastructure necessary to support the IH 47 The City of Carlsbad Environmental Impa Quanry Creek iasl proposed project As currentiy contemplated, the existing Simsbury and Marron Roads' sewer lift stations would be abandoned and a new connection would be made to the Quarry Creek public sewer. Additionally, the project is subject to the provisions of Senate Bill 610; therefore, an SB 610 Water Supply Assessment is required for the project as over 500 dwelling units are proposed. We understand that the SB 610 WSA will be prepared by the City and provide for inclusion in the EIR. 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, sohd 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 ofthe EIR. 3. The potential impact of the project will be evaluated and a third party review of the LFMP will be conducted. 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. 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. The proposed project vdll result in an increase in traffic generation in the area, which may impact adjacent roadways and intersections, both within the City of Carlsbad and the City of Oceanside. We understand that a traffic report will be prepared by Urban Systems Associates (USA), and that a third-party review will be conducted for the City by Kimley-Horn and Associates (KHA). The traffic operations of the project must meet the provisions of the City of Carlsbad's Growth Management Program. The following approach is envisioned: 1. HDR will utilize the USA traffic report as amended or revised, based on the KHA third-party review as the basis of preparing the transportation/circulation section ofthe EIR. 2. A critical component of this analysis will be an evaluation of difference circulation network assumptions (e.g., Rancho Del Oro interchange) and the impacts associated with each. 3. Careful attention and disclosure will be important with respect to potential impacts to traffic facilities within the City of Oceanside. The City of Oceanside is currentiy in the process of preparing a Circulation Element Update and corresponding EIR. These documents will be assessed in detail as they relate to potential impacts of the project and the feasibility of implementation of mitigation measures and/or roadway improvements. 48 ihe City of Cailsbad Enulronmental impact Report Quarry Creek Masier Plan Project 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 afl^r implementation of mitigation measures (if applicable) would be clearly stated. Other CEQA Mandated EIR Sections The EIR will contain the foUovdng CEQA mandated sections: Significant Effects Which Cannot Be Avoided or Mitigated - In accordance with CEQA Guidelines Section 15126(b), this section ofthe EIR vdll describe the various significant effects that cannot be avoided or mitigated if the project is implemented. Significant Irreversible Environmental Changes - In accordance with Article 9 ofthe 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 nonrenevrable resources, long-term commitments of resources, and potential irreversible environmental damage that may result from environmental accidents associated with the project 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 grovdh and the construction of additional housing, either directiy or indirectiy, 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 vdll discuss the potential for the use of large amounts of fiiel 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 ofthe 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, three project alternatives: 1) the "No Project" which analyzes the existing conditions at the time the NOP is published as well as what would be reasonably expected to occur in the foreseeable future ifthe project were not approved, based on the current General Plan and consistent with available infrastructure and community services; 2) an 'Alternative Site" Analysis which would analyze the same or similar project at an alternative location within the City based on consultation with City staff; and, 3) a "Reduced Project Alternative" Alternative which would involve a reduced level of development intensity. The analysis for each alternative will include a qualitative and qualitative comparative analysis for the relative environmental impacts and merits of each. 49 The City of Cailsbad Enulronmental Impact Report Quarry Creek Master Plan 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 vdll be based on the Draft EIR analysis, since no Initial Study will be prepared. 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 titie and role. Technical Appendices The EIR Appendices will include a copy of the NOP, public comments on the NOP, and any technical studies prepared for the project. Task 2 Deliverables: Draft EIR Table of Contents / Outiine Ten (10) hard copies of the First Screencheck Draft EIR in tiiree-ring binders (including Appendices) for City review and comment. Ten (10) digital copies of the First Screencheck Draft EIR on CD. Task 3 Second Screencheck Draft EIR HDR will prepare a Second Screencheck Draft EIR which incorporates the City's comments on the First Screencheck Draft EIR. The Second Screencheck Draft EIR vdll include the main EIR text figures, and EIR technical appendices, as revised to reflect all City edits, comments, and recommendations. Certain comments may involve discussing options for addressing them in the environmental document and our scope of work provides for a meeting vdth the City to discuss the First Screencheck Comments (see Task 10). Additionally, we will prepare the draft CEQA Findings of Fact and Statement of Overriding Considerations (if required) (see Task 8.1), and Mitigation Monitoring and Reporting Program (MMRP) (see Task 9.1) in concert vdth the Second Screencheck Draft EIR submittal. This approach is very helpful in ensuring that all significant impacts are clearly linked to recommended mitigation measures and provides a valuable consistency ofthe EIR document Task 3 Deliverables: Ten (10) hard copies of the Second Screencheck Draft EIR in three-ring binders (including Appendices) for City review and comment Ten (10) digital copies ofthe Second Screencheck Draft EIR on CD. Task 4 Draft EIR HDR will prepare a Draft EIR for public review. The Draft EIR will incorporate City comments on the Second Screencheck Draft EIR, and all figures and appendices. We will also include the Draft Mitigation Monitoring and Reporting Program as part of the public review documentation. Our scope of work assumes the City will be responsible for the preparation and posting of the Notice of Completion and Notice of AvailabiUty of the Draft EIR, and distribution of the EIR to the appropriate agencies and individuals. Task 4 Deliverables: Twenty (20) hard copies of the Draft EIR in three-ring binders (including Appendices) for City Distribution. Twenty-five (25) digital copies of the Draft EIR on CD. Twenty-five (25) digital copies of the Technical Appendices on CD. One digital copy in a format suitable for posting on the City's website. Task 5 Response to Comments/Screencheck Final EIR HDR will prepare five (5) copies of the Screencheck Final EIR including Responses to Public Comments for City review and comment. Upon close of public review of the Draft EIR, HDR 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, HDR will number each individual comment and prepare corresponding responses, including identification of responses that affect or supplement information contained in the Draft EIR. HDR will modify the text of the Draft EIR or add footnotes to the margins identifying relevant responses to comments. Our cost estimate (provided under separate cover) 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 ofthe level of effort in responding to comments is based on a moderate to high level of controversy. Tasks Deliverables: Five (5) hard copies of the Responses to Comments/Screencheck Final EIR in three-ring binders. Task 6 Draft Final EIR HDR will prepare a Draft Final EIR that incorporates City comments on the Responses to Comments/ Screencheck Final EIR. The Draft Final EIR would provide the City an opportunity to conduct a final review of the documentation prior to finalizing the document and producing the Final EIR for distribution to the Planning Commission, and subsequentiy, the City Council. The CEQA Findings of Fact/SOC (if necessary) and MMRP would be submitted in conjunction with this task (see Tasks 8 and 9 below). Task 6 Deliverables: Five (5) hard copies of the Draft Final EIR in three-ring binders (including technical appendices). The City of Cailsbad Enulronmental Impact Report Quarry Creek Masier Plan Project Task 7 Final EIR MM. f m/ •Mmhut . t*-*v.m L~ HDR will incorporate City comments on the Draft Final EIR and prepare the Final EIR and all supporting CEQA documentation necessary for preparing the staff report and other agenda items as part ofthe Planning Commission and City Council hearings forthe project The Final EIR would be distributed to tiie Planning Commission and City Council, and would be provided to any public agencies the commented on the Draft EIR. Also, this document would be made available to the general public for review. Certified Final EIR and supporting CEQA documentation. HDR will also prepare a final copy ofthe Certified Final EIR. The Certified Final EIR would be prepared after the project approval/EIR certification process, and would consist of a clean (no strikeout underlines, etc.) version ofthe document and all supporting CEQA documentation (i.e., CEQA Findings, MMRP). Task 7 Deliverables: Twenty-five (25) hard copies of the Final EIR in three-ring binders Twenty-five (25) digital copies of the Final EIR on CD One (1) un-bound reproducible copy of the Final EIR One digital copy of the CEQA Findings of Fact/SOC on CD One digital copy of the MMRP on CD One digital copy in a format suitable for posting on the City's website. Certified Final EIR, MMRP, CEQA Findings - Ten (10) copies in three-ring binders, and one Master CD Digital Copy. Task 8 CEQA Findings of Fact/Statement of Overriding Considerations Subtasks.! Screencheck CEQA Findings/SOC HDR will prepare a screencheck set of the Candidate CEQA Findings pursuant to CEQA Guideline §15091. HDR will prepare draft Candidate Findings to be submitted for City staff review at the Second Screencheck Draft EIR. HDR 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 ofthe project but which are determined infeasible, HDR vdll 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 ofthe City and/or applicant to provide sufficient facts to support the findings. HDR 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, HDR will prepare a Statement of Overriding Considerations (SOC) in accordance with CEQA Guidelines §15093. HDR will work closely with the City to identify the specific economic, legal, social, technological, or other benefits ofthe project, which outweigh the unavoidable environmental effects. HDR will coordinate with the City to establish the evidence 52 The City of Carlsbad Enulronmental Impact Report Quarry Creek Master Pian Project in the record to support overriding considerations. The Findings will follow the format and style specified by the City. Subtask 8.2 Draft CEQA Findings/SOC HDR vdll prepare a revised draft set of CEQA Findings/SOC based on City review and changes to the screencheck CEQA Findings/SOC, as well as, any adjustments that are necessary as part of the public review process of the Draft EIR, responses to comments, and preparation of the Final EII^ Subtask 8.3 Final CEQA Findings/SOC HDR will prepare a final set of CEQA Findings/SOC based on City review and comment on the Draft CEQA Findings/SOC. This document will be the version that is ultimately included in the Planning Commission and City Council staff reports/agendas. Task 8 Deliverables: One (1) digital copy of Screencheck Findings/SOC One (1) digital copy of Draft CEQA Findings/SOC One (1) digital copy of Final CEQA Findings/SOC Task 9 Mitigation IVIonitoring and Reporting Program (MMRP) Subtask 9.1 Screencheck MMRP HDR will prepare a screencheck MMRP in accordance with Public Resources Code Section 21081.6(a)(1) and Califomia Code of Regulations Section 15091. The screencheck MMRP will be prepared and submitted to the City in conjunction with the submittal of the Second Screencheck Draft EIR. 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 monitor- ing. For each project change, condition, or mitigation measure the program will include the following: Specific monitoring activities; • Implementation phase or milestone; Identification of the party resp onsible for implementation; • Identification of the party responsible for monitoring; Criteria for evaluating the success of each mitigation measure; and. Compliance verification criteria. Tlie CityofCarlsbad Enulronmental Impact Report Quarry Creek Master Plan Project Subtask 9.2 Draft MMRP HDR will prepare a Draft MMRP incorporating City comments on the screencheck MMRR The Draft MMRP will be available for public review vdth the public-review Draft EIR. Subtask 9.3 Final MMRP HDR 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 9 Deliverables: One (1) digital copy of Screencheck MMRP One (1) digital copy of Draft MMRP One (1) digital copy of Final MMRP Twenty (20) hard copies of tiie MMRP included with the Draft EIR in three-ring binders (including Appendices) for City distribution. One digital copy in a format suitable for posting on the City's website. Ten (10) copies in three-ring binders included with the Certified Final EIR One Master CD Digital Copy Task 10 Meetings and Hearings HDR commits attendance of our Principal-in-Charge/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 ofthe 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 tiiree (3) public hearings with presentations as necessary as determined by City staff. One (1) additional meeting as necessary. 54 The CityofCarlsbad Environmental impact Report Quarry Creek Master Plan Project DELIVERABLES The following summarizes the deliverables to be submitted to the City as part of this scope of services: Task 1 Deliverables: One (1) digital copy of the Draft Project Description for City review and comment. One (1) digital copy of refined project schedule Task 2 Deliverables: Draft EIR Table of Contents / Outiine Ten (10) hard copies of the First Screencheck Draft EIR in three-ring binders (including Appendices) for City review and comment Ten (10) digital copies of the First Screencheck Draft EIR on CD Task 3 Deliverables: Ten (10) hard copies ofthe Second Screencheck Draft EIR in three-ring binders (including Appendices) for City review and comment Ten (10) digital copies of the Second Screencheck Draft EIR on CD. Task 4 Deliverables: Twenty (20) hard copies of the Draft EIR in three-ring binders (including Appendices) for City distribution. Twenty-five (25) digital copies ofthe Draft EIR on CD. Twenty-five (25) digital copies of the Technical Appendices on CD. One digital copy in a format suitable for posting on the City's website. Task 5 Deliverables: Five (5) hard copies of the Responses to Comments/Screencheck Final EIR in three-ring binders Task 6 Deliverables: Five (5) hard copies of the Draft Final EIR in three-ring binders (including technical appendices). Task 7 Deliverables: Twenty-five (25) hard copies of the Final EIR in three-ring binders Twenty-five (25) digital copies of the Final EIR on CD One (1) un-bound reproducible copy of the Final EIR One digital copy of the CEQA Findings of Fact/SOC on CD One digital copy of the MMRP on CD Tlie City of Carlsbad Environmental Impact Report Quarry Creek Master Pian Project One digital copy in a format suitable for posting on the City's website. Certified Final EIR, MMRP, CEQA Findings. Ten (10) copies in three-ring binders One Master CD Digital Copy Task 8 Deliverables: One (1) digital copy of Screencheck Findings/SOC One (1) digital copy of Draft CEQA Findings/SOC One (1) digital copy of Final CEQA Findings/SOC Task 9 Deliverables: One (1) digital copy of Screencheck MMRP One (1) digital copy of Draft MMRP One (1) digital copy of Final MMRP Twenty (20) hard copies ofthe MMRP included with the Draft EIR in three-ring binders (including Appendices) for City distribution. One digital copy in a format suitable for posting on the City's website. Ten (10) copies in three-ring binders included with the Certified Final EIR One Master CD Digital Copy Contract Price and Allowable Cost 1. itemized Fee Schedule This section provides HDR's fee proposal for the implementation ofthe environmental work program for the Quarry Creek Master Plan project. This fee estimate includes all CEQA documentation-related services to be rendered by the HDR Team. HDR will furnish all of the labor, technical, administrative, professional and other personnel, as well as all supplies and materials, machinery, equipment printing vehicles, trans- portation, office space and facilities, calculations and other means, except those specified in the RFP to be furnished by the City or project applicant 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 outiined in the Scope of Work and Deliverables. Taskl $6,450.00 Task 2 $55,017.00 Task 3 $28,925.00 Task 4 $9,869.00 Tasks $13,668.00 Task 6 $5,068.00 Task 7 $3,611.00 Task 8.1 $3,271.00 Task 8.2 $1,730.00 Task 8.3 $985.00 Task 9.1 $2,458.00 'I^sk9.2 $1,174.00 Task 9.3 $968.00 Task 10 $4,783.00 Other Direct Costs $6,610.00 .Subconsultant* $23,010.00 Total $167..597.0n * Subconsultant cost includes 4 hours meeting time and 8 hours responses to comments. 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 $167,597.00. 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. Modifica- tions 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. city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 9200 8 IIIIIIII Applicant: QUARRY CREEK INVESTORS Description Amount EIR11002 167,597.00 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0088254 Transaction ID: R0088254 Transaction Date: 02/03/2012 Pay Type Method Description Amount Payment Check 1102270 167,597.00 Transaction Amount: 167,597.00