HomeMy WebLinkAboutReso 2002-053 RESOLUTION NO. 2002-053
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROViNG A THREE-PARTY
AGREEMENT BETWEEN THE CITY OF CHULA VISTA,
RECON (CONSULTANT), AND OTAY PROJECT, L.P.,
(APPLICANT), FOR CONSULTiNG SERVICES RELATED TO
THE PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT FOR THE OTAY RANCH VILLAGE TWO
SECTIONAL PLANNiNG AREA PLAN AND TENTATIVE
TRACT MAP, AND AUTHORIZiNG THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed project requires the
preparation of a Environmental Impact Report (EIR); and
WHEREAS, it was determined by the Director of Planning and Building that staff has
neither the available time or expertise to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit an initial sum for the consulting
services necessary for the preparation of the environmental documents as outlined in Exhibit
A , and
WHEREAS, a Request for Proposals was distributed to 28 persons or firms included on
the list of qualified Environmental Consultants, and six proposals were received by the City; and
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the proposals and conduct interviews of the most qualified firms based
on established evaluation criteria; and
WHEREAS, the Selection Committee interviewed the top three firms and recommended
the above noted Consultant perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a three-party agreement between the City of Chula Vista; KECON,
("Consultant"), and Otay Project, L.P. ("Applicant") for consulting services for preparation and
submittal of an Environmental Impact Report for the Otay Ranch Village Two SPA Plan and
Tentative Tract Map, a copy of which shall be kept on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement on behalf of the City.
Resolution 2002-053 -
Page 2
Presented by Approved as to form by
"
Robert A. Leiter
Planning and Building Director
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of February, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Hort~fi, Mayor
ATTEST:
Susan Bigelow, City Clerk~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-053 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 26th day of February, 2002.
Executed this 26th day of February, 2002.
S~san Bigelow, City Clerk
R2002-053
Exhibit A
Reference Date of Agreement: February 26, 2002
Effective Date of Agreement: Date of City Council Approval of Agreement
City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant: RECON Enviromnental, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Addrcss: 1927 Filth Avenue, Suite 200
San Diego, CA 92101-2358
Applicant: Otay Project L.P.
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: 350 West Ash Street, Suite 730
San Diego, CA 92101
1. Property (Commonly known address or General Description):
I he property is commonly known as the Otay Ranch Village Two. It consists of approximately 726-
acres of undeveloped land in the eastern portion of the City of Chula Vista. The project is located in
the Otay Valley parcel of the Otay Ranch General Development Plan (GDP) project area and is
surrounded by the Otay Landfill on the west, Otay Ranch Village One (Heritage) on the north, future
Otay Ranch Village Six on the east and future Otay Ranch Village Four on the South.
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2. Project Description ("Project"): -
The project consists of the preparation of a Second-Tier Environmental Impact Report (E1R) for the
Otay Ranch Village Two SPA Plan and Tentative Tract Map. The Otay Ranch Village Two SPA
Plm~ would refine the goals objectives, and policies of the Otay Ranch General Development Plan.
The SPA Plan would include single and multiple family residential, conunercial, industrial,
cotmnunity purpose facilities, community parks, an elementary school and fire station. The SPA
Plan includes two alternatives (herein after referred to as Alternative One and Alternative Two). The
primary difference in the Alternative plans is that Alternative One includes residential land uses
adjacent to the Otay Landfill and in Alternative Two residential land uses would be buffered from
the Otay Landfill by a one thousand (1,000) foot nuisance easement for industrial land uses. The
proposed number of units to be analyzed in the EIR may be influenced by the inclusion ora transit
line within the Project.
3~ Entitlements applied for:
Proposed discretionary actions for the Property include the following:
1. An amendment to the City of Chula Vista General Plan (GPA);
2. An amendment to the Otay Ranch General Development Plan (GDP);
3. An amendment to the Phase One and Two Resource Management Plan (RMP);
4. An amendment to the County of San Diego Otay Subregional Plan (SRP); --
5. Adoption of a Sectional Planning Area (SPA) Plan; and
6. Tentative Tract Map
4. General Nature of Consulting Services ("Serviccs~-General"):
RECON shall prepare an EIR for Otay Ranch Village Two SPA Plan and Tentative Tract Map to the
satisfaction of the Environmental Review Coordinator and to meet State and City environmental
review requirements. The EIR shall be a second "tier" EIR from the Final Otay Ranch Program ELR
#EIR 90-01) and Sphere of Influence Update EIR (#EIR 94-03), Otay Ranch Sectional Plarming
Area One Final Second-Tier Environmental Impact Report (#E1R 95-01), Otay Ranch SPA One And
GDP Amendments Final Second-Tier Environmental Impact Report (#EIR 97-03) (hereinafter
collectively referred to as the "previous EIRs").
5~ Detailed Scope of Work ("Detailed Services"):
RECON shall prepare a Second-Tier Environmental Impact Report (EIR) for the Otay Ranch Village
Two and Tentative Tract Maps in accordance ~vith the California Environmental Quality Act
(CEQA). RECON shall also work closely with the City of Chula Vista staffto ensure that the EIR
for the Otay Ranch Village Two EIR shall meet all of the City's needs. The EIR must comply with
the current California Environmental Quality Act (CEQA) of 1970 (Public Resources Code Section
21000 et seq.); the current State CEQA guidelines (California Administration Code section 15000 et -
seq.); the Environmental Review Procedures of the City of Chula Vista; and the regulations,
requirements, and procedures of any rcsponsible public agency or any agency with jurisdiction by
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law. All Detailed Services described herein shall be performed by RECON to the satisfaction of the
City's Environmental Review Coordinator.
RECON shall consult with all trustee and responsible agencies, agencies having jurisdiction by law
and any other person or organization having control over or interest in the proposed project as
necessary, to ensure that the EIR is current and complete as to issues raised by such agencies.
The Draft and Final EIR shall be prepared in such a manner that they will be meaningful and useful
to decision-makers and to the public. Technical data is to be summarized in the body of the report
and placed in an appendix. All documents shall be prepared in Microsoft Word 2000.
The EIR shall be prepared to include the required sections of an EIR, as set forth in applicable law
including State CEQA Guidelines Section 15122 15131. The document shall be formatted as
directed by the City and shall include, but not be limited to the following sections:
TabteofContents
Executive Summary
introduction
Project Description
Environmental Setting
Environmental Impact Analysis
Cumulative Impacts
Growth Inducing Impacts
Alternatives
Mitigation Monitoring & Reporting Program
o Irreversible Environmental Changes Effects Found not to be Significant
References, Persons and Agencies Contacted and EIR Preparation
RECON shall coinpile supporting documents into separate volume(s) to be referred to as the
Appendices to the EIR. The Appendices shall include the Notice of Preparation (NOP), responses to
the NOP and any technical reports and relevant technical information generated for the EIR
SPECIFIC TASK DESCRIPTION:
!n providhr¢ et~vin~nn~er~tal services Cot the Ot:~v R~uch Vi!l~?e Twr~ F~IR. !~[!CON shall perJ}~rm the
tbllowing tasks:
Task 1- lttitial Study and Notice of Preparation
Task 1 a: Review of Existing Documents
RECON will review previous documents that have been prepared for the Otay Ranch
General Development Plan Project, including, but not li~nited to:
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1. Otay Ranch General Development Plan, dated October 1993, and as amended June
1996.
2. Final Program Environmental Impact Report (EIR 90-01) for the Otay Ranch
General Development Plan, prepared by Ogden, dated December 1992.
3. Otay Ranch Sectional Planning Area One Plan and Annexation Final Second Tier
Envirommental Impact Report (EIR 95-01), prepared by Cotton/Beland/Associates,
dated April 1996.
4. Final Second Tier Environmental Impact Report for the Proposed Otay Ranch
Sectional Planning Area One and GDP/SRP Amendments (EIR 97-03).
5. Final Second Tier Environmental Impact Report for the General Development Plan
Amendment/Village 11 Sectional Planning Area, Conceptual Tentative Map (EIR 01-
02), prepared by the City of Chula Vista, dated September 2001.
6. Draft Second Tier Environmental Impact Report for Otay Ranch Village Six
Sccfional Planning Area (SPA) Plan, prepared by RECON, dated September 2001.
7. Transportation Technical Appendix, Final Program Environmental impact Report,
FE1R 90-01, Otay Ranch General Development Plan, dated October 1993. -
8. Otay Ranch SPA One Transportation Study prepared by Cotton/Beland/Associates,
dated September 1995. (Appendix B).
Task lb: Project Initiation
RECON will participate in the project initiation meeting for the project. As a result of the
project initiation meeting, the schedule outlined in this proposal will be evaluated and
coordinated with the needs of the City and the applicant, and points of contact will be clearly
identified. RECON will prepare an environmental team contact list and distribute it to all
team members. This list will provide names, phone numbers, addresses, and areas of
responsibility, and will include project applicant representatives and City staff, as well as
RECON team ~nembers.
Task it: Initial Study
RECON will prepare a draft Initial Study (Deliverable No. 1) using the environmental
chccklist based on the City of Chula Vista's Environmental Checklist Form or the
Environmental Checklist Form in the State CEQA Guidelines (Appendix G) to assess the
potential environmental impactg associated with the Project. The Environmental Checklist
will form the basis to support which issues will be addressed in detail in the EIR and which
issues have been identified as not significant and warrant no further discussion. City staff
will review the draft Initial Study and, if necessary provide comments to RECON. RECON
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shall incorporate the City's written comments and provide the City with a final Initial Study
(Deliverable No.2).
Task lc Deliverables: 1. Draft lnitial Study
2. Final Initial Study
Task 1 d: Notice of Preparation
RECON will prepare a draft Notice of Preparation (NOP) and Environmental Checklist Form
(Deliverable No. 1). City staffwill review the draft NOP and, if necessary provide comments
to RECON. RECON shall incorporate the City's comments and provide the City with a final
NOP (Deliverable No.2). Comments received during the 30-day public review period will be
used to finalize the scope of the Draft EIR.
Task lb Deliverables: 1. Five (5) copies of the Draft NOP and Environmental Checklist Form
2. Five (5) copies of the Final NOP and Environmental Checklist Form
Task 2- First Screencheck Draft EIR and Associated Technical Reports
RECON shall prepare a description of existing conditions for, collect data on, and analyze potential
impacts to the enviromnental issues identified in the project-specific Environmental Checklist Form
for thc Project. The following is an outline of the contents for the Draft EIR. The preparation of
technical reports and any modeling required to complete these reports is addressed under the
individual issue discussions.
Introduction -- This section of the EIR will describe the project background, purpose and
need, and objectives. The introduction will also provide an overview of the CEQA process
and related pemfits and discretionary actions required for implementation of the proposed
Project.
Project Description -- This section of the EIR will describe in detail the key features of the
proposed Project, including the "worst case" scenario for evaluation purposes. The Village
Two SPA Plan includes t~vo alternatives (herein after referred to as Alternative One and
Alternative Two). The primary difference in the Alternative plans is that Alternative One
includes residential land uses adjacent to the Otay Landfill and in Alternative Two residential
land uses would be buffered from the Otay Landfill by a one thousand (1,000) foot nuisance
easement for industrial land uses. Alternative One and Two will be described in the Project
description and analyzed throughout the EIR at an equal level of detail.
Optional Tasks: In addition to the Alternative One and Alternative Two analyses discussed
above, and at the discretion of the Environmental Review Coordinator, RECON may perform
one of the following optional tasks:
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RECON will analyze an alternate land use plan within the Village Two EIR, which
will includes an underlying 25-acre community park land use designation. This land
use plan ~vill be analyzed throughout all sections of the EIR.
RECON shall analyze a proposed GDP/General Plan Amendment to remove the
adopted Community Park designation within Village Two and to re-designate a
floating Community Park designation within Village Seven. As a part of this
evaluation, RECON will describe the proposed acreages changes in Village Seven
and include a comprehensive analysis of applicable GDP and General Plan policies
and objectives, as well as a complete evaluation of all issues areas evaluated in the
ErR. RECON will be responsible for preparing and including graphics within the
EIR depicting the adopted and proposed land use changes within Villages Two and
Seven.
· Environmental Setting -- This section of the EIR will present a discussion of existing
conditions within the Property and adjacent land parcels that could be affected by the
proposed development.
· Environmental Issues -- This section of the EIR will present an analysis of each of the
enviromnental issues identified in the project-specific Environmental Initial Study. The
analysis will identify potentially significant environmental impacts that could result from
implementation of the proposed Project and proposed mitigation measures to reduce these
impacts to below a level of significance.
Specific Issues to be Addressed in the Draft EIR:
Land Use, Planning, and Zoning
RECON will identify and review existing plans, policies, and ordinances applicable to the Project
site. Documents to be reviewed include, but are not limited to:
o The Chula Vista General Plan and all related elements
The Chula Vista Zoning Ordinance as it relates to the specific property
The Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) and EIR (and
supporting documents)
. County of San Diego General Plan
The land use section of the EIR will address impacts associated with the boundary reconfigurat~on
and land use changes associated with the proposed SPA relative to the adjacent plam~ed land uses.
To address these issues, RECON will:
1. Provide mapping that clearly depicts the adopted Chula Vista General Plan land uses, the
Otay Ranch GDPs and affected SPA plans, the Otay landfill, and City zoning designations.
RECON will also provide an aerial photograph and project vicinity map to show the existing
developed areas in Otay Ranch aud the project vicinity. Describe applicable goals and
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policies from the adopted Otay Ranch GDP/SRP documents and City General Plan.
2 Describe and assess any potential for land use compatibility and community character
impacts from the proposed land uses. The interface of the proposed land use modifications
with the existing, approved, and future designated land uses will be addressed through a
compatibility analysis. The compatibility analysis will be based primarily on the discussions
presented in the noise, biology, traffic cimulation, adopted General Plan and GDP/SRP
policies, and landform alteration/visual quality sections of the EIR.
3. RECON will incorporate the results of the analysis of the potential for the landfill, operated
to the immediate west of the project, to impact residential uses on the Village 2 site. An
evaluation of the potential adverse effects of placing residential uses within the 1,000-foot
buffer established by GDP/SRP.
4. Describe the relationship of the proposed land use changes and policy modifications with the
adopted Otay Ranch GDP/SRP plans and policies. Assess the potential for significant land
use planning impacts associated with the proposed changes.
5. Develop recommendations for mitigation measures to reduce potentially significant land use
planning/community character impacts.
The EIR will also evaluate the Project for compatibility with adjacent land uses and surrounding
densities; identify whether the Development has substantial conflicts with the established community
character; and identify inconsistencies or conflicts between the Project and the goals, objectives, and
policies of any applicable plan policy, ordinance, guideline, or regulation, particularly in relation to
the Otay Ranch GDP. The EIR will evaluate the impacts of the proposed physical improvements
that could result upon implementation of the proposed development in Village Two. The EIR will
include both a plan-to-plan and a plan-to-ground land use analysis. The land use analysis will be
contained in the EIR, and a teclmical report will not be prepared for this issue.
l, andform Alteration/Aesthetics
Currcmly, the project site and project vicinity are undeveloped. Ultimate development of this area
will change its visual character. The EIR will analyze the impact of the proposed development on
existing landform and community character. A visual resource analysis will be conducted in
conjunction with a site visit evaluation. Key views will be identified and photographed within the
viewshed of the site. To document this analysis, RECON will complete the tasks listed below.
1. [~rovide current color photographs of the project site t?om key vantage points throughout the
area to illustrate the current condition.
2. Provide an impact discussion of the landform alteration necessary for the Project based on
the grading plan and the proposed tentative map. Describe earthwork estimates,
manufactured slope heights, and grading balance issues.
3. Deschbc the potential for any visual quality impacts from the on-site uses from area roads.
4. Disct~ss nfitigation measures that may be required to reduce the landform alteration/aesthetic
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impacts if any are identified.
This analysis will be contained in the EIR, and a separate technical report will not be prepared.
Photosimulations
RECON will prepare computer-aided photosimulations will be prepared for Alternative One and
Alternative Two. These visual simulations will create simulated views of each Project Alternative as
observed from vantage points adjacent to the site. Up to three vantage point locations for each
project alternative (Alternative One and Alternative Two) will be selected in consultation with City
planning, engineering, and landscape staff. Vantage points could include Olympic Parkqvay and
locations along Paseo Ranchero and La Media Road. Each simulation will include a photograph of
the existing conditions, the graded condition based on the proposed tentative map grading,
representation of the built condition pursuant to the SPA plan requirements, and a representation of
the built condition with landscaping.
RECON will create photosimulations for each project alternative (Alternative One and Alternative
Two) by computer modeling in 3-D using grading plans provided in electronic form by the
Applicant. To maintain efficiency, site detail will be limited to major slopes, pads, and streets, and
differe.nt color shading will be used to differentiate these areas. Landscaping will be limited to major
screening trees at the project perimeter or in areas where landscaping is proposed for screening. A
generic building envelope will be used to illustrate land uses on site. This generic structure will be -
modified in scale, form, and color to best depict the proposed building envelopes and colors.
Photographs will be taken at each of the agreed-upon vantage points. A computer-generated view
xvill be created froin each of the same locations that the photographs were taken. The computer-
generated view of the proposed project will be digitally inserted into the photographs using
surrounding landform and features for registration.
Transportation, Circulation, and Access
Subconsultant, Linscott, Law, and Greenspan (LLG), will complete the traffic analysis under the
direction ofRECON. LLG will first lneet with City staff and the Development team to confirm the
EIR's project definition and will obtain prior traffic studies prepared for projects in the area. Based
on the project definition, LLG will conduct AM/PM peak hour traffic counts, determine the existing
AM/PM peak hour Levels of Service ([,OS), and obtain the most recent street segment traffic
LLG will then conduct a project-to-ground and plan-to-plan analysis to determine pre-project traffic
volumes at key intersections and street segments with the existing street system, add total project
traffic to the baseline condition, analyze intersections and street segments, estimate impacts, and
recommend mitigation measures as needed. In terms of cumulative traffic impacts, LLG will
determine the future year scenarios that will likely include Year 2005, 2010, 2015, 2020, and -
buildout analysis. About 25 intersections and 40 to 50 street segments will be analyzed tbr each
scenario, including AM/PM intersection and street segment LOS for each scenario. A Congestion
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Management Plan (CMP) analysis on the key arterials and freeways will also be conducted in the
cumulative traffic analysis. Additionally, LLG will conduct an access analysis for the Development
site, a Public Facilities Financing Plan (PFFP) analysis, and will evaluate traffic impacts resulting
from the proposed project. The PFFP analysis will also contain a phasing threshold unit analysis for
the purpose of determining infrastructure timing and construction.
The draft: Traffic Technical Report will be reviewed by and subject to the approval of City staff
including staff from the Traffic Engineering Section. Comments will be provided by the City to LLG
and RECON. A final Traffic Technical Report will be prepared and summarized in the EIR. If the
proposed development has significant traffic impacts, measures will be proposed to mitigate project
impacts. The Traffic Technical Report will include a separate section with the list of proposed
mitigation measures, as well as a summary of what the levels of service (LOS) would be after
mitigation for all impacted roadway segments. A copy of the final traffic technical report will also
be included as an appendix to the EIR.
Air Quality
The analysis of air quality impacts for the EIR will be based on the state and federal ambient air
quality standards and on compatibility with the adopted air quality plan for the area. The air quality
analysis will evaluate regional impacts and localized air quality impacts, as well as construction-
related impacts.
RECON will complete an air quality analysis for the proposed project. This analysis will involve the
completion ofa Caline carbon monoxide hot spot model for each circulation element roadway based
on traffic volumes developed by LLG. A receiver will be placed at a distance of 50 feet from each
circulation element roadway, and a potential exposure lcvel will be calculated.
In addition to the hot spot modeling, a regional discussion of air emissions will be developed based
on the proposed land uses. The air quality model URBEMIS will be used to project future emissions
generated by the project. This pollutant contribution will be compared to the regional air quality
conditions and an impact assess~nent will be made.
The modeling results will be summarized in the EIR. RECON will also prepare an air quality
technical report, which will be included as an appendix to the EIR.
Noise
Based on future site grading identified in the proposed tentative map and the traffic volumes
identified in tbe traffic analysis to be prepared by LLG, a noise analysis will be completed.
Community noise analysis will be completed using the Federal Highway Administration Noise
Prediction Model STAMINA 2.0 version, to determine the future community noise equivalent levels
(CN EL). The future traffic conditions will be based on the average daily trips provided in the traffic
update for the project. Where necessary, mitigation measures will be recommended, including
berms, bamers, or setbacks, to reduce noise levels to below City standards.
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Because the project includes tentative maps, specific noise analyses will be prepared. These analyses
xvill be completed for all circulation element roadways and will result in designs for noise barriers or
setbacks as necessary to achieve the City standards.
The results of the acoustical analysis, in the form of a technical report, will be prepared by RECON
and provided to City staff for review. RECON will prepare the noise technical report in accordance
with the requirements of the City of Chula Vista. City staff will provide any comments on the
acoustical analysis to RECON. The results of the acoustical analysis will then be sttmmarized in the
EIR and the full written technical report will be included as an appendix to the EIR.
Cultural Resources
RECON will provide a third-party review of the cultural resource report provided by the applicant
and, if necessary provide comments. RECON will review subsequent drafts of the revised cultural
resources report to ensure that all comments from staffand RECON have been adequately addressed.
RECON will incorporate the results of the final cultural resource report into the EIR.
Paleontological Resources
The Property is located within the upper sandstone unit of the Otay Formation, which has produced
important vertebrate fossil remains. The EIR will address paleontological impacts and recommend
mitigation including but not limited to on-site monitoring during grading, recovery and salvage of -
remains in a timely manner, and methods for retaining all field notes, photographs, and maps.
Biological Resources
Thc majority of the Village Two area has been subjected to agricultural use for decades. The City's
Otay Ranch Resource Management Plan (RMP) identifies several sensitive animal species on site as
well as limited areas of coastal sage scrub habitat.
While the continuous agricultural disturbance has limited the potential for sensitive species on the
property, RECON will provide a third-party review of the biological resources report provided by the
applicant and, if necessary provide connnents. RECON will review subsequent drafts of the revised
biological resources report to ensure that all comments fi'om staffand RECON have been adequately
addressed. RECON will also evaluate the Village Two site in the context of the Resource
Management Plan (RMP/RMP2) prepared for the Otay Ranch GDP and for conformance with the
City's dratt MSCP Plan. ]'he results of the final biological report provided by the applicant will be
summarized in the EIR and the full written technical report will be included as an appendix to the
EIR.
Agricultural Resources
The Otay Ranch Program EIR found that the conversion of agriculture lands represented a -
~ lgmficant adverse impact. RECON will summarize the impact analysis/mitigation requirements for
agricultural resources pursuant to the Progrmn EIR, and evaluate the Agricultural Plan prepared as
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part of the SPA plan.
Hydrology, Drainage, and Urban Stormwater Runoff
This section of the EIR will be prepared based on the drainage studies provided by the project
applicants. The drainage plans will be reviewed and approved by the City of Chula Vista
Engineering Department and incorporated into the EIR. RECON ~vill complete the tasks listed
below:
Review the existing hydrology and drainage information contained in the previous Program
EIR, adjacent Otay Ranch Village SPA Plan EIRs, and other secondary sources in order to
describe the existing watershed/floodplain, storm drains, drainage improvements, and
detention features that exist or are planned within the project area. RECON will also, contact
the City of Chula Vista Engineering Department to verify the current status of planned and
approved drainage improvements in the project area.
2. Based on information provided by the Applicant prepared in conjunction with the SPA Plan
and tentative map/grading plan, RECON will determine the potential for on- and off-site
hydrologic impacts associated with the proposed project. RECON will also, describe any
modifications to the drainage features that would be anticipated to accommodate the
proposed land use changes.
Describe necessary National Pollutant Discharge Elimination System (NPDES) permitting
requirements and best management practices (BMPs) based on consultation with the City of
Chula Vista Engineering Department. A list of BMPs appropriate and drainage fee
requirements for the project will be included as mitigation measures in the EIR. The
mitigation measures will be developed consistent with Order No. 2001-01 (NPDES No.
CAS0108758).
Geology and Soils
The geology and soils section of the draft EIR will be prepared based on the geotechnical studies
provided by the project applicant to the City of Chula Vista. RECON will review the technical study
Recommendations for detailed geotechnical evaluations and possible mitigation alternatives (e.g.,
deep foundations, stone columns) will be included in the EIR.
Public Services and Utilities
The EIR will document available services. A log of all contacts will be made and references will be
included in the EIR. RECON will complete the following tasks:
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1. Obtain the PFFP and incorporate a discussion of phasing of facilities development into the
EIR.
2. Discuss park and recreation, library, schools, solid waste, gas, and electricity demands, and
assess the adequacy of facilities. Describe mitigation measures, if necessary.
3. Contact the City of Chula Vista Engineering Department and the project engineer to
document the current capacity/sizing of the sewer lines, current sewage generation rates for
residential use, and any additional sewer facilities in the project area that were discussed in
previous EIRs.
4. Describe the sewage to be generated by the project and discuss any potential server capacity
impacts and mitigation measures, if necessary.
5. Contact the Otay Water District to assess the issues associated with the provision of potable
and reclaimed water. Summarize the impact and mitigation requirements technical studies
for water and recycled water provided by the project applicants in the body of the EIR.
RECON will discuss Senate Bill 221 as it may apply to this project. This legislation pertains
to the requirement for written verification of water supplies for tentative maps of more than
500 dwelling units.
6. Based on review of existing documents and contact with the Chula Vista police and fire
departments, describe current and anticipated response times, facilities, and personnel.
Detemhne whether the project will comply with the City of Chula Vista Thresholds
Standards Policy and describe mitigation measures that would be required for the project. -
The EIR analysis will address services and facilities related to sewer and water, police, fire,
emergency medical service, recreation, schools, library, solid waste disposal, gas and electricity, and
telephonc and cable. Other public facilities, such as transportation and drainage facilities, will be
appropriately referenced. In addition, the need for on-site and off-site public facility improvements
will be identified, impacts to public services and utilities will be assessed, and appropriate
mitigation, if required, will be recommended.
RECON will also prepare and distribute public service letters to all public service providers that are
planned to serve the Village Two project. The responses to these letters, as well as the information
contained in the PFFP, will be summarized in the EIR text. No technical report will be prepared for
this issue.
In an effort to preserve the City's quality of life, the City adopted a Growth Management Ordinance
(Chapter 19.09 of the Municipal Code) that contains Quality of Life Threshold Standards for 11
facilities and improvements. These include fire and emergency medical service, pohce, traffic, parks
and recreation, drainage, libraries, air quality, economics, schools, and sewer and water. The scope
o£work for this section of the EIR will include the following:
Describe the City's threshold goals and staudards for each of the 11 facilities.
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2. Based on the analyses presented in the public services and facilities section of the EIR,
summarize the project's consistency with the established thresholds standards and determine
if the requirements have been satisfied.
Alternatives
RECON will examine a reasonable range of alternatives that could feasibly attain the basic
development objectives, including alternatives that could reduce significant environmental effects as
identified in the environmental analysis of the project.
This section of the EIR will iuclude the two scenarios for the No Project Alternative and
development consistent with the existing plan· In addition, a range of other alternatives may be
included that achieve the objectives of the project while reducing the impacts identified in the body
of the EIR. These alternatives will be developed during the project initiation phase and will be
refined in conjunction ~vith the assessment of potential impacts and needed mitigation during the
environmental review process. Each altemative analyzed in the E1R will include a "plan-to-ground"
and "plan-to-plan" analysis.
Cumulative Impacts
The cumulative discussion in the EIR will include projects currently approved and reasonably
anticipated in this area. This section of the EIR will consider and describe adopted plans and polices
thai are in place which would mitigate cumulative impacts, and will be consistent with the
cumulative analyses presented in the recently approved EIRs for Otay Ranch Villages 6 and 11, and
EastLake lIl, and the currently initiated Village 12 review. Indirect cmnulative impacts and
compliance with the City ofChula Vista's adopted Threshold Stm~dards and other applicable policies
and programs will also be evaluated.
Other Mandatory CEQA Sections
RECON will address all required CEQA sections, including all sections outlined above, in addition
to other mandatory sections, including Growth Inducement and Effects Not Found to be Significant.
The proposed Project will be evaluated for its potential to induce economic or population growth
through construction of additional housing in the surrounding environment, or by the provision of
of those Eft~ects Found Not to be Significant, with rationale provided as to how the conclusion of
non-significance was reached. Additionally, Irreversible Environmental Changes will be discussed,
as will Unavoidable Significant Impacts·
Task 2: Deliverables
1. Twenty-five (25) copies of the First Screencheck Draft EIR and Technical
Appendices, provided in three-ring binders. The First Screencheck Draft EIR
shall be prepared itt Microsoft Word 2000 and shall be printed at 1.5 spacing.
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Task 3 - Second Screencheck Draft EIR
RECON will address City staff and legal counsel comments on the First Screencheck EIR
and prepare and submit twenty-five (25) copies of the Second Screencheck Draft EIR to the
City for review and comment.
Task 3: Deliverables
Twenty-ftve (25) copies of the Second Screencheck Draft EIR and Technical
Appendices, provided in three-ring binders. The Second Screencheck Draft EIR
shall be prepared in Microsoft Word 2000 and shall be printed at 1.5 spacing.
Task 4 - Third Screencheck (Administrative) Draft EIR
RECON will address City staff and legal counsel coInments on the Second Screencheck
Draft EIR and prepare and submit five (5) copies of the Third Screencheck (Administrative)
Draft EIR to the City for review and comment.
?'ask 4: Deliverables
1. Five (5) copies of the Third Sereencheck Draft EIR and Technical Appendices,
provided in three-ring binders. The Third Screencheck Draft EIR shall be
prepared in Microsoft Word 2000 and shall be printed at single spacing.
Tusk 5 - Public Review Draft EIR/NOA/NOC
RECON will incorporate City staff and legal counsel comments on the Third Screencheck
(Administrative) Draft EIR and then prepare the public review Draft EIR acceptable to the
City's Environmental Review Coordinator. RECON will also prepare the Notice of
Availability (NOA) and Notice of Completion (NOC).
Task 5: Deliverables'
1. Seventy-five (75) copies' each of the NOA, NOC, Draft EIR and Appendices,
including ten (] O) copies of the documents provided in three-ring binders and the
remainder bound.
Task 6 - Candidate Draft CEQA Findings of Fact/Statement of Overriding Considerations (SOC)
RECON will prepare Draft Candidate CEQA Findings of Fact and, if necessary, a Statement
of Overriding Considerations for review by City of Chula Vista staff and legal counsel. The
Findings will specify which mitigation measures have been incorporated into the project and
those measures that have not, and will explain why certain measures have been found to be -
infeasible. The Findings will also identify feasible project alternatives that could reduce
adverse environmental effects but are not being iinplemented, with an explanation as to why
2/19/02 Three-Party Agreement
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they are considered to be infeasible.
Task 6: Deliverables
1. Five (5) copies of the draft Candidate Findings of Fact and Statement of
Overriding Considerations.
Task 7 - Response to Comments/Final EIR/MMRP/NOD
Task 7a: Responses to Comments
Following the close of public review, RECON will meet with City staff and review all
comments received. RECON shall prepare draft responses to comments and associated
revisions to the Draft EIR. RECON will submit five (5) copies of the draft responses to
comments and amended EIR sections to the City for review by City of Chula Vista staffand
legal counsel.
RECON shall revise the draft responses to comments and amended EIR sections based on
comments submitted by City staffand legal counsel. RECON shall then submit the revised
draft responses to comments and amended EIR sections for review by the City. Any changes
to the responses to comments and amended EIR sections shall be subject to the approval of
the City's Environmental Review Coordinator. If additional studies or analyses are
requested by the City as a result of the comments received, RECON shall complete those
studies based on the receipt of authorization from the City's Enviromnental Review
Coordinator.
Task 7a: Deliverables
1. Five (5) copies of the drqft responses to comments and associated
revisions to the Dr~ EIR
2. Five (5) copies of the revised draft responses to comments and associated
revisions to the Draft EIR
Task 7b: Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program (MMRP) will be developed at the draft
EIR stage and finalized after the close of public review. It will list and identify specific
monitoring activities that would be required on an issue-by-issue basis, and will estahlisb a
reporting system and criteria l~br evaluating the success of the mitigation measures. In
addition, the MMRP will outline the appropriate time for mitigation of impacts, such as
grading permits, final maps, landscape plans, or other discretionary actions.
Task 7b: Deliverables 1. One (1) copy of the draft MMRP
2. One (1) copy of the final MMRP (finalized after the close o.['public
revie~v)
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Task 7c: Final Candidate CEQA Findings of Fact and Statement of Overriding
Considerations
Should the City determine that additional changes are needed to the draft Candidate CEQA
Findings of Fact and Statement of Overriding Considerations as a result of the comments
received during the public review period, RECON shall revise the draft Candidate Findings
of Fact and Statement of Overriding Considerations to incorporate these changes. Any
changes to the Findings of Fact and Statement of Overriding Considerations shall be subject
to the approval of the City's Environmental Review Coordinator.
Task 7c: Deliverables
1. Five (5) copies of the final Candidate CEQA Findings of Fact and
Statement of Overriding Considerations
Task 7d: Final EIR
RECON will prepare a Final EIR, MMRP, Appendices, Candidate CEQA Findings of Fact
and Statement of Overriding Considerations (if applicable) and the Mitigation Monitoring
and Reporting Program (MMRP). RECON will provide seventy-five (75) copies of the final
EIR and seventy-five (75) copies of the E1R technical appendices to the City. RECON will -
also submit a full version of the Final EIR in electronic format (Microsoft Word). In
addition, a draft Notice of Determination (NOD) and CaliFornia Department of Fish and
Game (CDFG) fee certification letter for the project shall be submitted by RECON to the
City in preparation for filing with thc County Clerk's office, upon project approval.
Task 7d: Deliverables
l. Seventy-five (75) copies of the Final EIR, MMRP, Appendices, and Candidate
CEQA Findings and Statement of Overriding Considerations (if applicable),
including ten (10) copies of the Final EIR provided in three-ring binders and the
remainder bound. One (0 copy of a draft NOD and CDFG fee certification
letter.
2. One (1) reproducible master copy of the Final EIR suitable for reproduction on
City equipment and not three-hole punched; and One (1) computer disk copy or
CD ROM version ~?£ the Final EIR and related (loc~ments theft can he read
Microsoft Word 2000.
Task 8 - Hearing/Meetings
Cbarles Bull, Project Manager will attend, at the d' ' ' ' '
~rect~on of the C~ty s Env~romnental
Review Coordinator, project team meetings throughout the Project duration. These
include the following meetings: -
* Project initiation meeting;
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Page 30
· Project workshop;
Scoping Meeting;
o Weekly meetings with City staff;
o Coordination with County staff
· A Resource Conservation Commission meeting;
A Planning Commission hearing on the draft EIR;
o A Plalming Commission hearing on the final EIR and Candidate CEQA findings;
· A Board of Supervisors hearing (if necessary); and
o A City Council heating on the final EIR and Candidate CEQA findings.
RECON will attend a total of forty (40) weekly meetings with City staff. If additional
meetings are needed, they will be billed at a time and materials basis at an agreed to cost.
Additional meetings requested by the City will be considered additional work pursuant to
Section 3.2.2 of this Agreement.
Task 9 - Tentative Map Processing
If determined necessary by the Environmental Review Coordinator, RECON will conduct
additional environmental review (i.e. Addendum) for the Village Two tentative map. The
Environmental Review Coordinator will determine the appropriate environmental document
at the time the final tentative map is processed. If the Environmental Review Coordinator
determines that an Addendum is not the appropriate document, then additional work on a
document other than an addendum shall be processed pursuant to Section 3.2.2 of the
contract.
6. Schedule, Milestone, Time-Limitations within which to Perfom~ Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Draft NOP and Initial Study March 12, 2002
Dciivc~aoJc Ilo. 2; ~ iltai Nid~~ alld lm~lai Study March 20, 2002
Deliverable No. 3: Draft Technical Reports (traffic, air quality, and noise) April 16, 2002
Deliverable No. 4 First Screencheck EIR July 22, 2002
Deliverable No. 5: Second Screencheck EIR August 30, 2002
Deliverable No. 6: Third Screcncheck EIR October 3, 2002
Three-Party Agreement
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Page 31
Deliverable No. 7: Public Review Draft E1R/NOC/NOA October 18, 2002
Deliverable No. 8: Draft Findings of Fact and Statement of November 16, 2002
Overriding Considerations
Deliverable No. 9: Draft EIR Response to Comments/MMRP November 16, 2002
Deliverable No. 10: Final EIR/MMRP/Final Findings of Fact December 13, 2002
and SOC Draft Notice of Determination/
CDFG fee letter
Deliverable No. 11: Meetings and Hearings Per Task 8
Dates for Completion of all Consultant Services: Date of City Council approval of
environmental documents, or completion of all tasks to the satisfaction of the City's
Environmental Review Coordinator, whichever is later.
7. Documents to be provided by Applicant to Consultant:
(X) site plans (X) tentative tract maps ( ) architectural elevations (X) project description.
(X) other: SPA Plan, PFFP, Technical Reports (i.e. Geotechnical Investigation, Drainage
Study, Water Service Study, Sewer Service Study, Biological Resources Report and Cultural
Resources Report), and related GDP docnments
8. Contract Administrators.
City: Marilyn R.F. Ponseggi, Environmental Review Coordinator
Applicant: Klm Kilkenny, President, Otay Project, L.P.
Consultant: Charles Bull, President, RECON ][nc.
'~ S~aicmcn~ oi Ecom)mic interests, ( onsuitant Reporting Categories, per Contlict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) Category No. 1. Investments and sources of income.
( ) Category No. 2. Interests in real property._
2/19/02 Three-Party Agreement
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) Category No. 3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the
department.
) Category No. 4. Investments in business entities and sources of income, which
engage in land development, construction or the acquisition or
sale of real property.
) Category No. 5. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the City of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or equipment.
) Category No. 6. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the designated employee's department to provide services,
supplies, materials, machinery or equipment.
) Category No. 7. Business positions.
10. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commcrcial General
Liability coverage).
(X) Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
1 l. Permitted Subconsultant:
Linscott, Law & Greenspan
1565 Hotel Circle South, Suite 310
San Diego, CA 92108
(619) 299-3090
l,mscoti, i,aw, and Grccuspau (LLG} wild compictc thc traltJc auaiysis under the direction of
RECON.
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Page 33