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HomeMy WebLinkAboutReso 2002-121 - RESOLUTION NO. 2002-121 AGENCY RESOLUTION NO. 1775 RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A THREE PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; DUDEK & ASSOCIATES, INC., CONSULTANT; AND NORTH CHULA VISTA WATERFRONT LP., APPLICANT, FOR LAND USE CONSULTING SERVICES RELATED TO THE PREPARATION OF A PROJECT ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE MIDBAYFRONT PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 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, it was determined by the Director of Community Development that staff has neither the available time or expertise to perform the subject work; and - WHEREAS, pursuant the California Environmental Quality Act (CEQA) the Planning & Environmental Services Manager has determined that the proposed project requires the preparation of a Project EIR; and WHEREAS, a Request for Proposal was distributed to the 29 persons or firms included on the City's list of qualified EIR Consultants, and five proposals were received by the City; and WHEREAS, the City Manager appointed a selection committee which has in accordance with Section 2.56.110 of the Chula Vista Municipal Code, recommended the above noted Consultant perform the required services for the City; and WHEREAS, the Planning & Environmental Services Manager has negotiated the details of this Agreement in accordance with applicable procedures set forth in Section 6.5.2 of the Environmental Review Procedures. NOW, THEREFORE, BE IT RESOLVED that the City Council and Redevelopment Agency of the City of Chula Vista does hereby approve a three-party agreement between the City of Chula Vista; DUDEK & Associates, Inc., ("Consultant"), and North C.V. Waterfront LP. ("Applicant") for consulting services for preparation and submittal of a project Environmental Impact Report for the Midbayfront Project Area. - Resolution 2002-121 - Page 2 Presented by Approved as to form by ~~/ 0- ~ +~ Chris Salomone John M. Kaheny Community Development Director City Attorney PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment Agency of the City ofChula Vista, California, this 16th day of April, 2002, by the following vote: AYES: Agency/Councilmembers: Davis, Padilla, Rindone, Salas, and Horton NAYS: Agency/Councilmembers: None ABSENT: Agency/Councilmembers: None f¡ ~ >-/¡. z,U/¿. i11 - Shirley Horton, air/Mayor ATTEST: ~ ¿LU---==3.' 't: ~ Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk ofChula Vista, California, do hereby certify that the foregoing City Council Resolution No. 2002-12l/Redevelopment Agency Resolution No. 1775 was duly passed, approved, and adopted by the City Council and Redevelopment Agency at a regular meeting held on the 16th day of April, 2002. Executed this 16th day of April, 2002. ~tL.CI~'f~ - Susan Bigelow, City Clerk K-;K;od ./~ 1 Exhibit A Reference Date of Agreement: March 19, 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: DUDEK & Associates, Inc. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 605 Third Street, Encinitas, CA. 92024 Applicant: North C.V. Waterfront L.P. f Business Form of Applicant: ( ) Sole Proprietorship (X ) a California Limited Partnership ( ) Corporation ( ) Other: ì Address: 1785 Hancock Street, Suite 100 1 San Diego, CA 92110 1. Property Location: ! The Midbayfront project area is presently bounded by Bay Boulevard to the east, Lagoon Drive to the southeast, Marina Parkway to the southwest, and the San Diego Bay to the west. Three-Party Agreement j 4/2/02 Page 18 j I .- 2. Project Description (" proj ect"): The project consists of the preparation of a Project Environmental Impact Report (EIR) for the Midbayfront General Plan amendment and Specific Plan amendments, Local Coastal Plan amendment and Coastal Development permit and Tentative Tract Map (the "Development"). 3. Entitlements applied for: Proposed discretionary actions for the Property include: Amending the General Plan, Specific Plan, and the Local Coastal Program. Other proposed discretionary actions include approval of a tentative subdivision map, Coastal Development Permit and development of a Habitat Restoration and Management Plan and Biological Resources Management Plan. 4. General Nature of Consulting Services ("Services--General"): Dudek shall prepare a Project EIR for the Development to the satisfaction of the City's Planning & Environmental Services Manager and to meet State and City environmental review requirements. The Project EIR may reference those sections found - to be appropriate by the Planning & Environmental Services Manager from the Final EIR-89-8 for the Midbayfront LCP Resubmittal No. 8 Amendment. 5. Detailed Scope of Work ("Detailed Services"): DUDEK shall prepare a Project Environmental Impact Report (EIR) for the Development in accordance with the California Environmental Quality Act (CEQA). DUDEK shall also work closely with the City of Chula Vista staff to ensure that the EIR for the Development 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 responsible public agency or any agency with jurisdiction by law. All Detailed Services described herein shall be performed by DUDEK to the satisfaction of the City's Planning and Environmental Services Manager. ~ Three-Party Agreement 4/2102 Page 19 _. DUDEK 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 Development as necessary to ensure that the EIR is current and complete as to issues raised by such persons or entities. 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: . Table of Contents . Executive Summary . Introduction - . Project Description . Environmental Setting . Environmental Impact Analysis . Cumulative Impacts . Growth Inducing Impacts . Alternatives . Mitigation Monitoring & Reporting Program . Irreversible Environmental Changes . Effects Found not to be Significant . References, Persons and Agencies Contacted and EIR Preparation DUDEK shall compile 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. - Three-Party Agreement 412/02 Page 20 -. SPECIFIC TASK DESCRIPTION: In providing environmental services for the Midbayfront project and Tentative Tract Map(s) EIR, DUDEK shall perform the following tasks: Task 1- Initial Study and Notice of Preparation I. Review of Existing & Proposed Documents DUDEK will review previous documents that have been or will be prepared for the Midbayfront project area, including, but not limited to: 1) Final EIR-89-8 Midbayfront LCP Resubmittal No. 8 Amendment Vols. I & II. 2) City of Chula Vista Zoning Ordinance Text. 3) Biological Studies to be prepared for City by P&D Consultants. - 4) Noise & Air Studies to be prepared for City under the direction of P&D Consultants. 5) Traffic Analysis to be prepared by DUDEK subconsultant incorporating those elements of a technical traffic report to be prepared by Urban System Associates, Inc. (USA) and as approved by the City Engineer. 6) Land use matrix to be prepared for City by P&D Consultants. 7) Analyze project visual impacts utilizing visual studies to be performed for City by subconsultant Carrier Johnson, under the direction of P&D Consultants. II. Initial Study DUDEK will prepare a draft Initial Study (Deliverable No. 1) using the environmental checklist 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 - Three-Party Agreement 412/02 Page 21 _. environmental impacts associated with the Development and to identify those issues that are potentially affected by the proposed Development. The Environmental Checklist will form the basis to support which issues will be addressed in detail in the EIR for the Development 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 DUDEK. DUDEK shall incorporate the City's written comments and provide the City with a final Initial Study (Deliverable No.2). III. Notice of Preparation DUDEK will prepare a draft Notice of Preparation (NOP) (Deli verable No. 1). City staff will review the draft NOP and, if necessary provide comments to DUDEK. DUDEK shall incorporate the City's comments and provide the City with a final NOP (Deliverable No.2). DUDEK shall, in consultation with the City of Chula Vista, distribute the document to the State Clearinghouse, each Responsible Agency, each Trustee Agency, and public agencies, organizations and individuals that may be affected by the project. The final NOP and the Environmental Checklist Form (Deliverable No. 2) will be made available for public review at local libraries and - other appropriate locations. Comments received during the 30-day public review period will be used to finalize the scope of the Draft EIR. Task 2- First Screencheck Draft EIR and Associated Technical Reports DUDEK shall prepare a description of existing conditions for, collect data on, and analyze potential impacts to the environmental issues identified in the project-specific Environmental Checklist Form for the Development. The preparation of technical reports and any modeling required to complete these reports is addressed under the individual issue discussions. I. EIR Sections A. Introduction - - This section of the EIR will describe the proposed Development's background, purpose and need, and objectives. The introduction will also provide an overview of the CEQA process and related permits and discretionary actions required for implementation of the proposed Development. - Three-Party Agreement 4/2/02 Page 22 - B. Project Description -- This section of the ErR will describe in detail the key features of the proposed Development, including the "worst case" scenario for the Development evaluation. C. 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. D. Environmental Issues -- This section of the EIR will present an analysis of each of the environmental 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 Development and proposed mitigation measures to reduce these impacts to below a level of significance. II. Specific Issues to be addressed in the Draft EIR: A. Land Use, Planning, and Zoning Existing plans, policies, and ordinances related to land use - that affect the Development site will be identified and reviewed by Dudek. Documents to be reviewed include, but are not limited to: The Chula Vista General Plan and all related elements; The Chula Vista Zoning Ordinance as it relates to the specific property; and a technical Land Use Report to be prepared by P&D Consultants or their subconsultants. The EIR will evaluate the Development 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 Development and the goals, objectives, and policies of any applicable plan policy, ordinance, guideline, or regulation, particularly in relation to the Midbayfront area. The EIR will evaluate the impacts of the proposed physical improvements that could result upon implementation of the Development in the Midbayfront area. 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. -. Three-Party Agreement 4/2/02 Page 23 - B. Landform ~lteration/Aesthetics Although the Property is currently disturbed, an evaluation of the proposed grading and the visual impacts of development of the Property must be assessed. Applicant will provide all appropriate visuals to be used in the analysis. These will include bulk and mass models, cross sections, and visual simulations. The EIR will analyze the impact of the proposed Development on existing landform and community character. The necessary text, maps and photo-documentation shall be set forth in the EIR describing the appearance before and after the Development. A visual resource analysis will be conducted by DUDEK through approved architectural subconsultant, KTU+A in conjunction with a site visit evaluation. Key views will be identified by DUDEK through approved subconsultant KTU+A and photographed within the viewshed of the site. The identification by DUDEK through approved subconsultant KTU+A of the key views will be based on the following criteria: (1) views subject to the greatest degree of change, (2) the location of representative views associated with each type of characteristic landscape unit in the area, and (3) the location of the highly scenic views that could be either enhanced or impacted by the Development. Photographic records, line-of-sight cross sections and topographic maps showing _. locations of significant viewpoints will be depicted from all compass directions, particularly as they relate to Interstate 5 and Bay Boulevard, a scenic corridor identified in the City of Chula Vista's Circulation Element. This analysis will be contained in the EIR based on a separate technical report to be prepared by the applicant and reviewed by DUDEK through approved subconsultant KTU+A. C. Transportation, Circulation, and Access The traffic section of the EIR will be based on the technical report to be prepared by DUDEK through its approved subconsultant Linscott, Law and Greenspan (LLG). Subconsultant, Linscott, Law, and Greenspan (LLG) , will complete the traffic analysis under the direction of DUDEK. Subconsultant Linscott, Law and Greenspan (LLG) shall complete all the tasks described herein in Section IIC within a twelve- week period. The twelve-week period shall begin upon the subconsultant, Linscott, Law, and Greenspan (LLG) rece i ving a written authorization by the city to commence work. The Transportation analysis will begin with a review of all past traffic studies and a meeting with City staff including - Three-Party Agreement 412102 Page 24 traffic engineering staff in order to agree upon the analysis - approach and study area dimensions, and the road segments and intersections to be analyzed. Based on this intersection peak hour count information and recent daily traffic volumes available from the City, County and/or Caltrans, the existing levels of service at the intersections and on the segments in the study area will be calculated using the 2000 Highway Capacity Manual. LLG shall: 1. Project Mobilization . Upon request of City staff, attend a kick-off meeting with the Project Team. . Obtain and review prior traffic studies prepared for projects in the area. . Determine the study area using Congestion Management Plan criteria. 2. Existing Analysis (This deliverable shall be due by the fourth week of the twelve-week period) - . Obtain AM/PM peak hour counts (from the applicant) for up to 25 intersections in the immediate project area. . Determine the existing AM/PM peak hour Levels of Service (LOS) at the key intersections using the 2000 Highway Capacity Manual. . Obtain the most recent daily street segment traffic volumes using City, County and Caltrans records when available. Determine the existing daily LOS on approximately 40 street segments in the project area, based on the City's street segment table. . Conduct an existing freeway analysis. 3. PROJECT TO GROUND ANALYSIS (This deliverable shall be due by the eighth week of the twelve-week period) . Add total project traffic onto the existing conditions described above. . Analyze the intersections and street segments in the study area for the existing + project condition. . Estimate significant impacts and recommend mitigation measures as necessary. - Three-Party Agreement 412/02 Page 25 '-, 4. CUMULATIVE PLAN TO PLAN ANALYSIS (This deliverable shall be due by the eighth week of the twelve-week period) DUDEK, through approved subconsultant LLG, shall determine as directed by City staff, the future year scenarios, which shall be analyzed in the traffic study, which will likely include Year 2005 (with and without SR 125), 2010, 2015, 2020 and buildout analysis with various network and land use assumptions. . Work with City staff and SANDAG to input the proposed project land use and network assumptions for each analysis scenario. Ensure adjacent projects are accurately coded into the model. . Determine future traffic volumes for all scenarios at all key intersections and street segments. As approved by City staff, approximately 12 intersections, including interchanges at 1-5/"E" , "H", "L" & Palomar and trolley crossings at same interchange locations and 20 to 25 street segments will be analyzed for each of the scenarios. . Determine the AM/PM intersection and daily street segment LOS for each scenario. . Determine the amount of traffic the proposed project adds - to each intersection and street segment. . Determine the significant impacts associated with the project for each scenario. . Recommend measures to mitigate impacts to below a level of significance for each scenario. . Determine the LOS at all significantly impacted locations after mitigation. . Conduct a Congestion Management Plan (CMP) analysis on the key arterials and freeways. 5. ACCESS ANALYSIS . Analyze the proposed site access points where they meet the existing roadway system. 6. PUBLIC FACILITIES FINANCING PLAN (PFFP) RELATED ANALYSIS . Work with City staff to determine up to four network links for which it is desired to know at what traffic threshold the network link is needed. ~ Three-Party Agreement 4/2/02 Page 26 - . Contact and direct SANDAG efforts to model the scenario both with and without the subject network link. . Analyze the adjacent intersections and street segments to determine LOS with and without the network link. . Determine the traffic threshold when each link is needed. Thresholds will be determined for up to four roadway links. . Incorporate the traffic threshold results into the traffic study. . Specific transportation improvements for the development will be identified for each time frame scenario which would mitigate any network deficiencies which are identified in the transportation analysis. A determination will be made as to whether the project impact is significant, mitigatible or non-mitigatible. Measures will be recommended to mitigate impacts to below a level of significance. . Work with the preparer of the PFFP to incorporate the results of the traffic study into the PFFP. 7. WORST CASE BAYFRONT ANALYSIS DUDEK through approved subconsultant LLG shall upon request of - City staff, meet with City staff for a "Worst Case" analysis in order to determine project impacts under a separate selection of land use scenarios. These scenarios shall include more intense land uses in the study area that are reasonably known to the City at this time. This analysis will include Study Year 2020 and the Buildout conditions. The following tasks shall be accomplished by DUDEK through approved subconsultant LLG. . At the request of City staff, meet with City staff for a "Worst Case" analysis in order to determine project impacts under a separate selection of land use scenarios. These scenarios shall include more intense land uses in the study area that are reasonably known to the City at this time. This analysis will include Study Year 2020 and the Buildout conditions. . Work with City staff and SANDAG to input the proposed project land use and network assumptions for each analysis scenario. Ensure adjacent projects are accurately coded into the model. . Determine future traffic volumes for the worst case land use at several key intersections and street segments. As approved by City staff, approximately 12 intersections, and 25 street segments will be analyzed for the two scenarios. - Three-Party Agreement 4/2/02 Page 27 - . Determine the AM/PM intersection and daily street segment LOS for the two scenarios. . Determine the amount of traffic the proposed project adds to each intersection and street segment. . Determine the street network, which will be necessary to accommodate the worst case bayfront land use. . Determine the LOS at all significantly impacted locations after mitigation. 8. REPORT PREPARATION/RESPONSE TO COMMENTS . Prepare a Draft Traffic Report with the appropriate text, tabular and graphic material for review and approval by the City. . Revise the Draft Traffic Report per City editorial comments once and prepare a Final Draft Traffic Report (Due no later than week 12 of the 12 week period). . Prepare responses to public comments on the traffic study in conjunction with and subject to the approval of city staff. 9. MEETINGS . Prepare for and attend upon request of city staff a total of - eight meetings throughout the preparation of the traffic study. 10. PUBLIC HEARINGS . Prepare for and attend three public hearings as directed by City(five hours per hearing assumed). The Draft Traffic Report will be reviewed by and be subject to the approval of City staff including staff from the Traffic Engineering Section. The City will, if necessary, provide comments to LLG and DUDEK, which will be incorporated into the report. A final Traffic Technical Report will be prepared by consultant and summarized in the EIR. A copy of the final traffic technical report will also be included as an appendix to the EIR. D. Air Quali ty P&D Consultants based on existing conditions will prepare for City a written air quality analysis and existing land uses on the property and in the vicinity. DUDEK will assess the projected air quality impacts, as set forth in the air quality analysis and compare them wi th State and federal clean air standards. - Three-Party Agreement 4/2/02 Page 28 - The modeling results will be summarized in the EIR by DUDEK. The air quality technioal report will be included in the EIR appendices. E. Noise P&D Consultants based on existing conditions will prepare for City a written noise analysis and existing land uses on the property and in the vicinity. DUDEK will assess the projected noise levels, as set forth in the noise analysis and compare them with County, City, and State guidelines, standards and ordinances. The EIR will address potential construction-related noise impacts. In addition, increased traffic anticipated from the proposed Development could result in an increase in noise levels along the street system in the development vicinity. DUDEK will prepare an acoustical technical report that will (1) describe the cumulative effect of road noise on surrounding land uses and recommend mitigation measures, if necessary; (2) describe the interior and exterior noise levels for the uses proposed on the site and the specific design and mitigation features needed; and (3) identify the need for and - location of noise barriers, including the height, location, and types of barriers capable of achieving the desired mitigation effect. City staff will provide any comments on the draft acoustical analysis report to DUDEK, which will be incorporated into the final report. The results of the acoustical analysis will then be summarized in the EIR and the full written technical report to be prepared by Dudek will be included as an appendix to the EIR. F. Cultural Resources DUDEK, through approved subconsultant, Brian F. Smith & Associates will conduct archival research at various repositories, and will view aerial photographs, city directories and historic photographs in order to develop a historical perceptive of the Property. Brian F. Smith & Associates will also perform a record search at local institutions to obtain information concerning the locations of known archaeological resources within or in the vicinity of - Three-Party Agreement 4/2/02 Page 29 .- the project. Previous data will be researched, including the cultural resource report completed for the Final EIR-89-8 for the Midbayfront LCP Resubmittal No. 8 Amendment Vols I & II. A summary of the findings of this survey will be provided in the EIR. These data will be incorporated into a technical report providing a historical context of the project area, as well as a discussion of its archaeological resources. Upon completion of this initial research, a project site-level cultural resource survey will be conducted for the Development to assess impacts to cultural resources sites located within the Midbayfront area as well as identify appropriate mitigation measures for any identified important resources. A draft cultural resources analysis, in the form of a technical report, will be prepared by Brian F. Smith & Associates and provided to the City's Planning & Environmental Services Manager for review. City staff will provide any comments on the cultural resources analysis to DUDEK, which will be incorporated into the final report. The results of the final cultural resources analysis will be summarized in the EIR and the full written technical report, to be prepared - by Brian F. Smith & Associates, will be included as an appendix to the EIR. G. Paleontological Resources 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. H. Biological Resources DUDEK will review the biological technical report to be prepared by P&D Consultants. DUDEK will also review previous work conducted on and around the site. City staff will provide any comments on the bio logical technical report to DUDEK, which will be incorporated into the report. The results of the final biological technical report will be summarized in the EIR and the full written technical report to be prepared by P&D Consultants will be included as an appendix to the EIR. _. Three-Party Agreement 4/2102 Page 30 - I. Agricultural Resources DUDEK will evaluate the agricultural significance if any of the area. This information will be summarized in the text of the EIR and will not be a technical report. J. Hydrology, Drainage, Urban Stormwater Runoff, Water and Sewer The EIR will present information concerning surface runoff, including the amount and rate of runoff in the pre-development and post-development scenarios. Other areas to be evaluated include surface water quality as it relates to sedimentation and other pollutants, effects on drainage courses, and off- site effects. The EIR shall address the following, both during and after construction: Will the proposal results in discharge of pollutants into storm drainage systems, surface or ground waters, sensitive areas, or impaired water bodies? will the proposed project result in any alteration of surface groundwater quality, including, but not limi ted to -. or temperature, dissolved oxygen or turbidity? will the proposal result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Review the hydrology and drainage, and water quality studies, in order to describe the watershed/floodplain, storm drains, drainage improvements, and detention features that exist or are planned within the project area. DUDEK 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. Based on information provided by the Applicant, DUDEK will determine the potential for on- and off-site hydrologic impacts associated with the proposed project. Consultant will also describe any modifications to the drainage features that would be anticipated to accommodate the proposed project. - Three-Party Agreement 412102 Page 31 - The EIR shall address the water quality protection guidelines and principles, and Standard Urban Storm Water Mitigation Plan (SUSMP) and Numeric Sizing Criteria, as set out in the National Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No. 2001-01 (NPDES No. CAS0108758) , in the planning and design of the project. Also, the EIR shall address the structural and non-structural construction and post-construction Best Management Practices (BMPs) including maintenance mechanism, and mitigation measure, which will be developed and implemented to eliminate, or reduce water quality impacts, to the Maximum Extent Practicable (MEP). K. Geology and Soils The EIR will summarize the geotechnical information prepared for Final EIR-89-8 specific to the project area. The summary to be included in the EIR, of the geotechnical information found in Final EIR-89-8 will include the findings, conclusions, and recommendations for the project site. DUDEK will also summarize in writing a geotechnical report to be prepared under the direction of P&D Consultants and include in the EIR the geologic setting, anticipated earth units, faults, - and potential geologic hazards. Recommendations for detailed geotechnical evaluations and possible mitigation alternatives (e.g., deep foundations, stone columns) will be included in the EIR. L. Public Services and Utilities DUDEK will evaluate the previous Final EIR-89-8 with respect to public utilities and determine if additional analysis will be needed and make a recommendation to the City's Planning & Environmental Services Manager who will determine whether additional analysis is needed. The EIR analysis, if the City determines it is necessary, 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 telephone and cable. Other public facilities, such as transportation and drainage facilities, will be appropriately addressed in the EIR as herein referenced. -. Three-Party Agreement 412102 Page 32 - 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 as determined by the Planning & Environmental Services Manager. This information will be contained in the EIR text. M. Compliance with City Threshold and Standards Policy and Findings of Fact DUDEK will review the Development for compliance with the City of Chula Vista's growth management standards, to include the following issues: drainage; traffic; fiscal; police; schools; libraries; water; air quality; sewage; fire/emergency medical services; and, parks, recreation, and open space. This information will be contained in the EIR, and no technical report will be prepared. N. Alternatives DUDEK 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. Each alternative will be evaluated as to potentially significant environmental effects through a quantitative comparative analysis on an issue-by-issue basis. In addition, the CEQA mandatory "No Project" alternative will be addressed, to include a "plan-to-ground" and "plan-to-plan" analysis. Other project alternatives will be formulated in conjunction with City staff, and could include one reduced scale development alternative. O. Cumulative Impacts Cumulative effects could result from the incremental impacts of the proposed Development. Environmental effects of past, present, and reasonably foreseeable projects or plans in the vicinity of the proposed Development will be included in the environmental evaluation. DUDEK will focus on the potential for any newly identified cumulative impacts that are associated with the Midbayfront area and which were not addressed in a previous EIR. Indirect cumulative impacts and compliance with the City of Chula Vista's adopted Threshold Standards and other applicable policies and programs will also be evaluated. This information will be contained in the EIR. - Three-Party Agreement 4/2/02 Page 33 - P. Other Mandatory CEQA Sections DUDEK 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 Development 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 community services and facilities to serve new development. DUDEK will also provide a summary of those Effects 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. The discussion of mandatory effects will be contained in the EIR. DELIVERABLE: 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 in Microsoft Word 2000 and shall be printed at 1.5 spacing. Task 3 - Second Screencheck Draft EIR - DUDEK will incorporate 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. DELIVERABLE: Twenty-five (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 DUDEK will incorporate City staff and legal counsel comments 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. _. Three-Party Agreement 412102 Page 34 Five (5) copies of the Third Screencheck Draft - DELIVERABLE: 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. Task 5 - Public Review Draft EIR/NOA/NOC DUDEK 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. DUDEK will also prepare the Notice of Availability (NOA) and Notice of Completion (NOC). DELIVERABLES: Seventy-five (75) copies each of the NOA, NOC, Draft ErR and Appendices, including ten (10) 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) DUDEK 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 implemented, with an explanation as to why they are not being implemented. DELIVERABLE: Five (5) copies of the draft Candidate Findings of Fact and Statement of Overriding Considerations. Task 7 - Response to Comments/Final EIR/MMRP/NOD 1. Responses to Comments/Final EIR Following the close of public review, DUDEK will meet with City staff and review all comments received. DUDEK shall prepare draft responses to comments and associated revisions to the Draft EIR. DUDEK 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 staff and legal counsel. - Three-Party Agreement 4/2/02 Page 35 - DUDEK shall revise the draft responses to comments and amended EIR sections based on comments submitted by City staff and legal counsel. DUDEK 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 Planning & Environmental Services Manager. If the City as a result of the comments received requests additional studies or analyses, DUDEK shall complete those studies based on the receipt of authorization from the City's Planning & Environmental Services Manager. II. 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 around February 10, 2003. It will list and identify specific monitoring activities that would be required on an issue- by-issue basis, and will establish a reporting system and criteria for 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. III. 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, DUDEK 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 Planning & Environmental Services Manager. DUDEK shall prepare a Final EIR, which includes the Responses to Comments and the Mitigation Monitoring and Reporting Program (MMRP). DUDEK shall also prepare the final Candidate CEQA Findings of Fact and Statement of Overriding Considerations. In addition, a draft Notice of Determination and California Department of Fish and Game (CDFG) fee certification letter for the project shall be submitted by DUDEK to the City in preparation for filing with the County Clerk's office, upon project approval.' - Three-Party Agreement 4/2/02 Page 36 DELIVERABLE: Fifty (50) copies of the Final EIR, MMRP, and - 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 (1) copy of a draft NOD and CDFG fee certification letter. 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 of the Final EIR and related documents that can be read by Microsoft Word 2000. Task 8 - Hearing/Meetings DUDEK's Senior Project Manager will attend, at the direction of the City's Planning & Environmental Services Manager, project team meetings throughout the Project duration. These include the following meetings: One (1) project initiation and scoping meeting with the City, Applicant, and others; one (1) project meeting or workshop if requested by the City; weekly meetings with City staff to discuss the EIR and key issues as they arise; one (1) Resource Conservation Commission meeting; one (1) Planning Commission - meeting on the DEIR and one (1) Planning Commission hearing on the FEIR; one (1) City Council hearing on the FEIR. DUDEK will attend a total of forty-five (45) 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 Sections 3.2.1 and 3.2.2 of this Agreement. - Three-Party Agreement 4/2/02 Page 37 - 6. Schedule, Milestone, Time-Limitations within which to Perform Services. Dates 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 May 13, 2002 Deliverable No. 2: Final NOP and Initial Study June 3, 2002 Deliverable No. 3: Draft Technical Reports (traffic, air quality, noise, cultural resources, and biological resources) July 29, 2002 Deliverable No. 4: First Screencheck EIR August 19, 2002 Deliverable No. 5: Second Screencheck EIR September 30, 2002 Deliverable No. 6: Third Screencheck EIR October 28, 2002 - Deliverable No. 7: Public Review Draft EIR/NOC/NOA November 18, 2002 Deliverable No. 8: Draft Findings of Fact and November 18, 2002 Statement of Overriding Considerations Deliverable No. 9: Draft EIR Response to Comments/MMRP January 15, 2003 Deliverable No. 10: Final EIR/MMRP/ Final Findings of Fact and SOC Draft Notice of February 10, 2003 Determination. 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. - Three-Party Agreement 412/02 Page 38 -. 7. Documents to be provided by Applicant to Consultant: (X) Site plans (X) Tentative tract maps (X) Architectural elevations (X) Project description (X) Other: Specific Plan, PFFP, Technical Reports (i.e. Geotechnical Investigation, Noise study, Drainage Study, Water/Recycled Water Service Study, Sewer Service Study and Visual Simulation Studies), and related general development documents. 8. Contract Administrators. City: Brian Hunter, Planning & Environmental Services Manager Applicant: North C.V. Waterfront LP, Richard Campbell Consultant: DUDEK & Associates, Inc., Joseph Monaco 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict 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. ( ) 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. - Three-Party Agreement 4/2/02 Page 39 - ( ) 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 Commercial General Liability coverage). (X) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). 11. Permitted Subconsultants: Linscott, Law & Greenspan 1565 Hotel Circle South, Suite 310 San Diego, CA 92108 (619) 299-3090 Linscott, Law, and Greenspan (LLG) will complete the traffic analysis under the direction of DUDEK. Brian F. Smith & Associates 12528 Kirkham Court # 3 Poway, CA. 92064 - Three-Party Agreement 412/02 Page 40 ~- Brian F. Smith & AssoCiates will complete the cultural & paleontological resources analysis under the direction of DUDEK. KTU+A 3916 Normal Street San Diego, CA. 92103 KTU+A will complete as necessary per City's Planning & Environmental Services Manager and the direction of DUDEK the graphic mapping and visual technical simulations. -, - Three-Party Agreement 4/2/02 Page 41