HomeMy WebLinkAbout2010/03/23 Item 5
CITY COUNCIL
AGENDA STATEMENT
.::S-'Yf:. CITY OF
-~ --=- CHULA VISTA
Item No.: 6
Meeting Date: m/2J/10
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A WAIVING THE FORMAL BIDDING PROCESS
AND APPROVING A THREE-PARTY AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, PBS&J (CONSULTANT), AND
OTAY LAND COMPANY LLC (APPLICANT), FOR
CONSULTING SERVICES RELATED TO THE PREPARATION
OF ENVIRONMENTAL IMPACT REPORTS (EIR) FOR THE
VILLAGE 8 WEST AND VILLAGE 9 SECTIONAL PLANNING
AREA PLANS AND TENTATIVE MAPS, AND AUTHORIZING
THE MAYOR TO EXECUTE Af1JD AGREEMENT.
DEPUTY CITY MANAG~IRECTOR OF DEVELOPMENT
SERVICES ~
CITY MANAGER j'M~ ~
4/5 T VOTE REQUIRED YES NO X
ITEM TITLE:
SUBMITTED BY:
SUMMARY
In April 2008 the City approved a Land Offer Agreement (LOA) with the Otay Land Company
(OLC) laying out particular processing considerations for their Village 8 West and Village 9
projects. The applicant has filed Sectional Planning Area (SPA) Plans and Tentative Map
applications for Village 8 West and Village 9. The Environmental Review Coordinator has
determined that the proposed projects require the preparation of an Environmental Impact Report
(EIR) and the applicant has elected to prepare two separate EIRs. The item requests the City
Council approve the proposed three-party contract between the City, PBS&J and the Otay Land
Company. This request is unique in that it proposes an arrangement by which the Applicant will
retain, at the Applicant's sole cost and expense, the Consultant (PBS&J), who shall perform the
services required for this project as directed by the City.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed contract approval for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
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Page 2, Item No.: S-
Meeting Date: 01/B/10
subject to CEQA. Thus, no environmental review of contract approval is necessary.
RECOMMENDATION:
That the City adopt the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
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In April of 2008 the City Council approved a Land Offer Agreement (LOA) with the Otay Land
Company to acquire additional lands for the planned University/Regional Technology Park
within the Otay Ranch community. In general, the LOA provides the City land for a future
University in exchange for consideration of increased densities and a two-year processing
schedule for the entitlements on the applicant's Village 8 West and Village 9 projects.As called
for by the LOA, the City and the applicant also entered into a Processing Agreement in June of
2009 that details the timing and processing of the entitlements. The applicant has submitted
applications for SPA Plans and Tentative Maps for Village 8 West and Village 9, and the City is
actively processing those applications. Pursuant to the California Environmental Quality Act
(CEQA), the Environmental Review Coordinator has determined that the proposed projects
require the preparation of Environmental Impact Reports (EIR).
The Processing Agreement permits the applicant to directly retain the environmental consultant
for the project specific (SPA level) environmental work, at their sole expense, but under the
direction of the City. Accordingly, the Applicant worked with PBS&J to develop an initial scope
and budget for preparation of the EIRs. The City has reviewed and revised that scope and
budget for adequacy since the EIRs will become the City's documents for use in consideration of
the proposed projects.
This three-party agreement allows for the applicant to pay the consultant directly but reinforces
the City's role in independently scoping and processing the resultant EIRs.
rommlhmt ServlC':f''' Selection Prnc:f'SS
Pursuant to the provisions of the Processing Agreement between the Applicant and the City of
Chula Vista, the Applicant selected PBS&J at it's sole discretion. The City's typical consulting
process as outlined in the Chula Vista Municipal Code does not apply to this action.
Scope of Work
Through the three-party agreement, PBS&J will function as the Environmental Consultant to the
City of Chula Vista under the supervision of the City's Environmental Review Coordinator. The
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Page 3, Item No.: 5
Meeting Date: 111/21/10
responsibilities of the Environmental Consultant (PBS&J) will include the following:
Review of the available Project information;
. Participation in Scoping Meeting;
. Preparation of an Initial Study and Notice of Preparation;
Preparation of Screen check, draft and final EIRs;
. Preparation of responses to comments received during public review;
. Preparation of Findings and the Mitigation Monitoring Reporting Program; and
. Attendance at team meetings and public hearings.
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The total cost of the contract for consulting services will be paid directly by the applicant to the
consultant. The City will not be involved in the payment of consulting services, but will retain
control over the environmental document. In addition, the applicant will reimburse any City staff
time associated with preparation of the EIR pursuant to the Processing Agreement and the attached
Three Party Agreement.
The City Attorney's Office has reviewed and approved the form of the contract.
DECISION-MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property, which is subject to this action.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. The applicant will fully compensate the
consultant directly for consulting services and reimburse the City for all stafting costs pursuant to
the Processing Agreement and the attached Three Party Agreement.
ON-GOING FISCAL IMPACT
Approval of the three-party agreement will not result in on-going fiscal impacts since the applicant
is solely responsible for compensating the consultant directly and reimbursing the City for all
staffing costs pursuant to the terms of the Processing Agreement and the attached Three Party
Agreement. Also, production of the project EIRs under the contract is a one-time work effort that
will be completed by August 20 II.
Attachments:
I. Project Boundary Map
2. Three Party Agreement
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NORTH
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS
AND APPROVING A THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, PBS&J
(CONSULTANT), AND OTAY LAND COMPANY LLC
(APPLICANT), FOR CONSULTING SERVICES RELATED TO
THE PREPARATION OF ENVIRONMENTAL IMPACT
REPORTS (EIR) FOR THE VILLAGE 8 WEST AND VILLAGE 9
SECTIONAL PLANNING AREA PLANS AND TENTATIVE
MAPS, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the City entered into a Land Offer Agreement in April 2008 that provided for
particular consideration in the processing of entitlements for the two villages, and called for a
Processing Agreement to fulfill parts of those considerations; and
WHEREAS, the City and the Applicant entered into a Processing Agreement in June 2009
that permitted the Applicant to retain an environmental consultant, at its sole expense, for the
preparation of environmental documents for Village 8 West and Village 9; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed project requires the
preparation of an EIR; and
WHEREAS, consistent with allowance in the Processing Agreement, the Applicant has
selected PBS&J to prepare their Environmental Impact Reports under the independent review
authority of the City; and
WHEREAS, the City's competitive bidding requirements are hereby waived pursuant to
Municipal Code section 2.56.070(B)(3) because the Applicant has sole discretion in selecting, and
sole responsibility for funding the consultant independent of the City; and
WHEREAS, the consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Consultant to
Applicant and City within the timerrames herein provided all in accordance with the terms and
conditions of this agreement, and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
Agreement in accordance with applicable procedures set forth in Section 6.5.2 of the Environmental
Review Procedures.
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NOW THEREFORE BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby waive the City's formal bidding process, and approve a Three-Party Agreement
between the City of Chula Vista, PBS&J Consultant, and Otay Land Company LLC, for consulting
services related to the preparation of Environmental Impact Reports (EIR) for the Sectional
Planning Area Plans and Tentative Maps for Village 8 West and Village 9.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
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1....' 1ty A.ttdrney-
Gary Halbert Deputy, PE AICP
Deputy City Manager/Director of Development
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
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Dated:
THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA,
PBS&J, AND OT A Y LAND COMPANY, LLC
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Three-Party Agreement Between
City of Chula Vista,
PBS&J (Consultant), and
Otay Land Company LLC (Applicant),
For Consulting Work to be Rendered with Regard to Applicant's Project
1. Parties.
This Agreement dated ,2010 , (for the purposes of reference only) and
effective as of the date of City Council Approval of this Agreement ("Effective Date"), between
the City of Chula Vista ("City") a municipal corporation of the State of California, the person
designated on the attached Exhibit A as "Consultant or PBS&J", whose business form and
address are indicated on the attached Exhibit A, and the persons collectively designated on the
attached Exhibit A as "Applicant or OLC", whose business form and address are indicated on
the attached Exhibit A, (City, Consultant and Applicant collectively shall be referenced to as the
"parties") and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1 Applicant warrants that Applicant is t.'1e owner of land ("Property") commonly
known as, or generally located as, described on Exhibit A, , or has an option or other entitlement
to develop said Property.
2.2 Applicant desires to develop the Property with the Project described on Exhibit A,
and in that regard, has made application ("Application") with the City for approval of the plan,
map, zone, or other permits ("Entitlements") described on Exhibit A.
2.3 In order for the City to process the Application of Applicant, Work of the general
nature and type described in Exhibit A ("Work") will need to be completed.
2.4 City does not presently have the resources to process the application within the
time frame requested for review by the Applicant.
2.5 This agreement proposes an arrangement by which Applicant shall retain, and be
liable for the costs of retaining, Consultant, who shall perform the services required of
Consultant by this Agreement.
2.6 The Applicant and City have entered into a University Villages/Otay Ranch
Project Staffmg and Processing Agreement on June 23, 2009 ("Processing Agreement"), for the
retention of professional staff by the City for processing the Entitlements for the Property.
Notwithstanding however, City and Applicant acknowledge and agree that the provisions of this
Agreement with respect to the payment of the Consultant shall supersede any provisions of the
Processing Agreement pertaining to the payment of services for professional staff.
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2.7 On April 15, 2008, the City and Applicant entered into a Land Offer Agreement
("LOA") which sets forth the terms and conditions for Applicant's conveyance and the City's
acceptance of certain real property described within the LOA.
2.8 On August 23, 2009, the City and Applicant entered into a Three-Party
Agreement with Recon Envirorunental ("Recon Envirorunental") for the preparation of a
Supplemental Envirorunental Impact Report for amendments proposed by the Applicant to the
Chula Vista General Plan and Otay Ranch General Development Plan in order to accommodate
the Project.
2.9 Additional facts and circumstances regarding the background for this agreement
are set forth on Exhibit B.
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICA1"\1T AS FOLLOWS:
3.1 Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's
sole cost and expense, to perform to and for the benefit of the City, and at City's direction, with
the participation of Applicant, all of the services described on the attached Exhibit A, entitled
"Parcel B Scope of Work" and "Parcel C Scope of Work" (collectively, "Services"), and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set
forth, and in particular as set forth in Exhibit A, and if none are set forth, within a reasonable
period oftime for the diligent execution of Consultant's duties hereunder. Consultant understands
and agrees that time is of the essence for this Agreement. The Consultant does hereby agree to
perform said Services, to and for the primary benefit of the City, for the compensation herein
fixed to be paid by the Applicant.
In delivering the Services hereunder, the Consultant shall do so in a good,
professional manner consistent with that level of care and skill ordinarily exercised by members
of the profession currently practicing under similar conditions and in similar locations, at its own
cost and expense except for the compensation and/or reimbursement, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform and complete
the work and provide the Services required of the Consultant.
3.2 Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultailt
without regard to the conclusions reached by the Consultant, and according to the terms and
conditions set forth in Exhibit C. Applicant shall make payments of compensation directly to l1'1e
Consultant. The Consultant and Applicant agree that the City shall have no liability or
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responsibility to Consultant for any such payments. The City and Applicant agree that Section
5.9 of the LOA entitled "Force Majeure" shall apply to this Agreement.
3.2.1 Additional Work. If the Applicant, with the concurrence of City,
determines that additional services ("Additional Services") are needed from Consultant of the
type Consultant is qualified to render or reasonably related to the Services Consultant is
otherwise required to provide by this Agreement, the Consultant agrees to provide such
additional services on a time and materials basis paid for by Applicant at the rates set forth in
Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional
Work between the parties.
3.2.2 Additional hours. If at any time the Consultant fails or is unable to
perform any of the tasks set forth in the Scope of Work described in Exhibit A to the reasonable
satisfaction of the City within the hours budgeted for said tasks, the Consultant or City shall
promptly so notify the other Parties in writing. The Applicant and Consultant agree to promptly
negotiate in good faith to resolve the matter to the satisfaction of the City, which may include an
amendment to the Compensation Schedule set forth in Exhibit C to provide Consultant with
additional compensation, on a time and material basis at the rates set forth therein, to allow the
Consultant to complete said task to the reasonable satisfaction of the City. The Parties
understand and agree that in the event the issue is not resolved to the satisfaction of the City
within five (5) business days from the date the Consultant or City provides the written notice
required above, then Section 5.9 of the LOA entitled "Force Majeure" shall apply and the time
for performance by the City under the LOA shall be extended equal to the time taken by
Consultant and Applicant to reach an agreement or otherwise resolve the issue to the City's
satisfaction.
3.2.3 Additional Work bevond Scope. In the event that the City determines that
additional work is required to be performed above and beyond the scope of work herein
provided, City will first consult with Applicant regarding the additional work before requesting
the Consultant to perform said work. If thereupon the Applicant disagrees with the need for such
additional work or fails or refuses to arrange and pay for said additional work, the City may, at
its option, suspend any further processing of Applicant's Application at which time all of the
"Force Majeure" provisions of the LOA shall apply until an agreement has been reached
regarding the need for and the payment for such additional services and any amendments to this
Agreement, as may be required, have been executed by the Parties. Applicant shall pay any and
all additional costs for the additional work.
3.2.4 Reductions in Scope of Work. City may independently, or upon request
from Consultant, from time to time reduce the Services to be performed by the Consultant under
this Agreement. Upon doing so, the parties agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with said
reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the Applicant and
City by the amount of time and materials budgeted by Consultant for the Services deleted.
3.2.5 Hiring of Additional Experts. Applicant understands and agrees that the
City shall retain other professional and technical consultants to assist in the City's review of the
technical studies submitted by the Consultant under this Agreement, as determined necessary by
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the City. Applicant shall be responsible for the costs of hiring the additional consultants and shall
pay such costs pursuant to the tenns of the Processing Agreement or by separate agreement.
3.3 Perfonnance of Services.
The Consultant shall perfonn the Services under the direction of the City.
However, the parties to this Agreement anticipate a close degree of cooperation and open
communication to ensure the adequacy of services perfonned by Consultant. The City shall
schedule regular meetings with the Applicant and Consultant to discuss the Work, anticipate and
resolve issues as they arise, and monitor the progress of Consultant. The City will apprise the
Applicant of the status of the Work whenever Applicant requests such infonnation. The
Applicant may communicate with the Consultant directly, provided however, the Applicant shall
infonn the City of the nature of such communication. In the event Consultant desires
clarification of the scope of Work or receives inconsistent infonnation from the City and
Applicant, the parties shall meet and confer to resolve the issue. Notwithstanding the foregoing,
the City shall have the final detennination in the following: future amendments, if any, to the
scoping of the work to be perfonned under this Agreement, the perfonnance of the Services, and
the final product produced by the Consultant. City will endeavor to consider the requests of the
Applicant whenever reasonably possible. The parties acknowledge and agree that pursuant to
CEQA Guidelines, ~ 15090, the City will exercise its independent evaluation and judgment with
regard to the environmental documents prepared pursuant to this agreement.
The parties understand and agree that perfonnance of said Services will require
the Consultant to draft an environmental document that will be tiered from the document
currently under preparation by Recon Environmental for Applicant's proposed amendments to
the City of Chula Vista General Plan and Otay Ranch's General Development Plan. The parties
anticipate that Consultant will be required to work in cooperation and coordination with Recoll
Environmental in perfonnance of its Services.
4. Non-Service Related Duties of Consultant.
4.1 Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by
it in connection with the Services required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categories, and to the limits specified,
policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
4.1.1 Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A.
4.1.2 Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, combined single limit applied separately
to each project away from premises owned or rented by Consultant, which names City and
Applicant as an Additional Insured, and which is primary to any policy which the City may
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otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant
in the same manner as members of the general public ("Cross-liability Coverage").
4.1.3 Errors and Omissions insurance, in the amount set forth in Exhibit A,
unless Errors and Omissions coverage is included in the General Liability policy.
4.2 Proof ofInsurance Coverage.
4.2.1 Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by
delivery of Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2 Policv Endorsements Required. In order to demonstrate the Additional
Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to
the City and Applicant demonstrating same.
4.3 Public Statements.
All public statements and releases to the news media shall be the responsibility of
the City and the Applicant. The Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course of the study or after its completion,
except on written concurrence of the City and Applicant.
5. Non-Compensation Duties of the Applicant.
5.1 Documents Access.
The Applicant shall provide to the Consultant, with a copy to the City if so
requested, for the use by the Consultant and City, such documents, or copies of such documents
requested by Consultant, within the possession of Applicant reasonably useful to the Consultant
in performing the services herein required of Consultant, including but not limited to those
described in Exhibit A.
5.2 Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and
access the Property, to take any borings, make any tests, and conduct any surveys or
reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the
Applicant which shall not be unreasonably denied. Consultant shall promptly repair any damage
to the subject property occasioned by such entry and shall indemnifY, defend, and hold the City
and Applicant, and their agents, and employees harmless from all loss, cost, damage, expenses,
claims, and liabilities in connection with or arising from any such entry and access. Failure to
allow Consultant timely access or entry to the Property which is needed in order for Consultant
to proceed with performa.11ce under this Agreement shall trigger the force majeure provisions of
the LOA.
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6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A as said
party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts of Interest.
7.1 Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Exhibit A, or if
none are specified, then as determined by the City Attorney.
7.2 Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall
not make, or participate in making or in any way attempt to use Consultant's position to influence
a governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
7.3 Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and inventory of
Consultant's economic interests, as the term is used in the regulations promulgated by the Fair
Political Practices Commission, and has determined that Consultant does not, to the best of
Consultant's knowledge, have an economic interest which would conflict with Consultant's
duties under this Agreement.
7.4 Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an economic
interest during the term of this Agreement which would constitute a conflict of interest as
prohibited by the Fair Political Practices Act.
7.5 Duty to Advice of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City Attorney of City
if Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
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7.6 Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant Associates")
presently have any interest, directly or indirectly, whatsoever in the property which is the subject
matter of the Project, or in any property within 10 radial miles from the exterior boundaries of
the property which is the subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicants or by any other party as a result of Consultant's
perfo=ance of this Agreement. Consultant promises to advise City of any such promise that
may be made during the Te= of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the T e= of this Agreement, or for 12 months after the expiration of
this Agreement.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's responsibilities
under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be te=inated by the City or Applicant for default if the Consultant
breaches this agreement or if the Consultant refuses or fails to pursue the work under this
agreement or any phase of the work with such diligence which would assure its completion
within a reasonable period of time. Te=ination of this agreement because of a default of the
Consultant shall not relieve the Consultant from liability of such default. In the event of such
te=ination by the City or Applicant, the City and Applicant agree that all of the "Force
Majeure" provisions of the LOA shall apply until such time as an agreement has been entered
into between the City and Applicant for the Work to be completed by another suitable consultant.
9. Right to Te=inate Payment for Convenience. Documents.
9.1 Notwithstanding any other section or provision of this agreement, the Applicant
or City shall have the absolute right at any time to terminate this agreement or any work to be
perfo=ed pursuant to this agreement. In the event of such te=ination by the City or Applicant,
the City and Applicant agree that all of the "Force Majeure" provisions of the LOA shall apply
until such time as an agreement has been entered into between the City and Applicant for the
Work to be completed by another suitable consultant. The City and Applicant agree to use best
faith efforts to promptly retain anot.l-1er suitable consultant and that time is of the essence under
such circumstances.
9.2 In the event of te=ination of this agreement by the Applicant or City in the
absence of default of the Consultant, th.e Applicant shall pay the Consultant for the reasonable
value of the services actually perfo=ed by the Consultant up to the date of such termination,
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less the aggregate of all sums previously paid to the Consultant for services performed after
execution of this agreement and prior to its termination.
9.3 The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4 In the event of termination of this agreement, and upon demand of the City or
Applicant, the Consultant shall deliver to the City or Applicant, as applicable, all field notes,
surveys, studies, reports, plans, drawings and all other materials and documents prepared by the
Consultant in performance of this agreement, and all such documents and materials shall be the
property of the City; provided however, that the Consultant may retain copies for their own use
and the Consultant shall provide a copy of all such documents to the Applicant.
10. Administrative Claims Requirement and Procedures.
No suit shall be brought arising out of this agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City
of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set
forth herein.
11. Hold Harmless and Indemnification.
11.1 Consultant to Indemnify City and Applicant! Injuries.
Consultant shall defend, indemnify, protect and hold harmless the Applicant, City,
its elected and appointed officers and employees from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of or alleged
by third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in connection with the execution of
the work covered by this Agreement, except only for those claims, damages, liability, costs and
expenses (including without limitations, attorneys fees) arising from the sole negligence or sole
willful misconduct of the Applicant, City, its officers, or employees. Also covered is liability
arising from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the Applicant, City, its agents, officers, or employees which may
be in combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors and
omissions, Consultant shall defend, indemnify, protect and hold harmless the Applicant, City, its
elected and appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) except those claims arising from
the negligence or willful misconduct of Applicant, City, it officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys'
fees and liability incurred by the Applicant, City, its officers, agents, or employees in defending
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against such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the Consultant.
Consultant's obligations under this Section shall survive the termination of this Agreement.
11.2 Applicant to Indemnify City I. Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and
from any and all claims, losses, damages, expenses or expenditures of City, including its elected
officials, officers, employees, agents, or representatives of the City ("City Indemnitees"), in any
way resulting from or arising out of the refusal to pay compensation as demanded by Consultant
for the performance of services required by this Agreement.
12. Business Licenses.
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain
such business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1 Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor
Applicant shall have authority to act as City's agent to bind City to any contractual agreements
whatsoever.
13.2 Notices.
All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in the
United States mail, addressed to such party, postage prepaid, registered or certified, with return
receipt requested, at the addresses identified for the parties in Exhibit A.
13.3 Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally
required to be given shall in itself create the right in the parties to any other or further notice or
demand in the same, similar or other circumstances.
13.4 Entire Agreement.
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
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13.5 Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party
that it has legal authority and capacity and direction from its principal to enter into this
Agreement; that all resolutions or other actions have been taken so as to enable it to enter into
this Agreement.
13.6 Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of California, and
if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement
and performance hereunder, shall be the City ofChula Vista.
13.7 Modification.
No modification or waiver of any provision of this Agreement shall be effective
unless the same shall be in writing and signed by the parties hereto, and then shall be valid only
in the specific instance and for the purpose for which given.
13.8 Counterparts.
This Agreement may be executed in more than one counterpart, each of which
shall be deemed to be an original but all of which, when taken together shall constitute but one
instrument.
13.9 Severabilitv.
In the event that any provIsIOn of this Agreement shall for any reason, be
determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall
negotiate in good faith and agree to such amendments, modifications, or supplements to this
Agreement or such other appropriate action as shall, to the maximum extent practicable in light
of such determination, implement and give effect to the intentions of the parties as reflected
herein.
13.1 0 Headings.
The captions and headings in this Agreement are for convenience only and shall
not define or limit the provisions hereof.
13.11 Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the
partial exercise of any right, power or privilege, on the part of the parties shall operate as a
waiver of any rights herein contained. The making or the acceptance of a payment by either
party with knowledge of the existence of a breach shall not operate or be construed to operate as
a waiver of any such breach.
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13.12 Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of
any rights or remedies which the parties might otherwise have unless this Agreement provides to
the contrary.
13.13 No Additional Beneficiaries.
Despite the fact that the required perfo=ance under this agreement may have an
effect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and
agree that no perfo=ance hereunder may be enforced by any person not a party to this
agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an
express third party beneficiary of the promises of Consultant to provide services paid for by
Applicant.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
1/3011010IPBS&J fin,,] combined comments draft agt
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Signature Page To
The Agreement Between
City of Chula Vista,
PBS&J (Consultant), and
Otay Land Company LLC,
For Consulting Work to be Rendered with Regard to Applicant's Project
(Page 1 of 2)
NOW THEREFORE, the parties hereto, having read and understood the terms and
conditions of this agreement, do hereby express their consent to the terms hereof by setting their
hand hereto on the date set forth adjacent thereto.
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to Form:
Bart Miesfeld, City Attorney
Dated:
Consultant:Post,Buckley,Schuh&J ernigan,Inc.
a Florida corporation (d/b/a PB J)
~ l/
:::,. .
By:
/
-'.,...
1/30/2010/PBS&J final combined comments drJft agt
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Signature Page To
The Agreement Between
City of Chula Vista,
PBS&J (Consultant), and
Otay Land CompanyLLC,
For Consulting Work to be Rendered with Regard to Applicant's Project
(Page 2 of 2)
Otay L
~
V (C E f'J2..1:PS (PeYl/j .
(
Applicant:
By:
Title:
IJ30/2010IPBS&J final combined comments draft agt
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EXHIBIT A
Reference Date of Agreement:
See paragraph 1 of the Agreement
Effective Date of Agreement:
Date of City Council Approval of Agreement
City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant:
Post, Buckley, Schuh & Jernigan, Inc, a Florida
corporation (d/b/a PBS&J)
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address:
1927 Fift.h Ave
San Diego, CA 92101
Applicant:
Otay Land Company
1903 Wright Place, Suite 220
Carlsbad, CA 92008
Attention: Curt Noland
Business Form of Applicants:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Final PBS&J agt/Jan. 28.102.]8-10
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Parcel B Scope of Work
lntroducti on
The Otay Land Company (OLC) has prepared land use plans and tentative tract maps for two
parcels in the Otay Ranch Development Area within the City of Chula Vista. The land use plans
for the two parcels (Parcel B and Parcel C) require the preparation of amendments to the current
City of Chula Vista General Plan and Otay Ranch General Development Plan (GDP) for the
subject Villages and the Eastern Urban Center (EUC), as well as Sectional Planning Area (SPA)
Plans for both parcels. Parcel B includes portions of Villages 4, 7, and 8 in the Otay Ranch
Development Area and Parcel C includes portions of Villages 9 and Planning Area 12/EUC.
Separate Environmental Impact Reports (EIRs) will be prepared pursuant to the Guidelines
established under the California Environmental Quality Act (CEQA) for the land use plans and
tentative subdivision maps for each parcel. It is assumed that the project EIRs would be
processed nearly concurrently, with the EIR for Parcel B prepared prior to Parcel C. The
following proposal includes the scope of work to prepare the EIR for the Parcel B Project. The
scope of work to prepare the EIR for Parcel C is included in a separate document. Since the
Parcel B EIR would be prepared fIrst, it is assumed that much of the background information
could be used in the Parcel C EIR, and therefore, the scope of work to prepare the Parcel C
Project EIR reflects a reduced level of effort in comparison to Parcel B in both the EIR
preparation and related shared management tasks.
UNDERSTANDING OF THE aT A Y RANCH OLC PARCEL B PROJECT
The proposed plan for Parcel B includes portions of Villages 4, 7, and 8. The project site is
approximately 320 acres in size and will address both a SPA Plan and tentative subdivision map.
The Parcel B plan includes a total of315 single-family dwelling units and 370 multi-family units
for Village 4; 550 multi-family units for Village 7; and 165 single-family and 650 multi-family
units for Village 8. Village 4 incorporates a lower density character in a relatively small area,
preventing it 1Tom becoming a fully functioning urban village; it will rely on Villages 7 and 8 for
retail and services. Mixed retail, service, and higher density residential uses are proposed in the
Town Center which includes two couplets: north/south as La Media Road and one east/west as
Main Street. With the planned community park and proposed middle school, north of Main
street, the planned Town Center will become an urban Center for Villages 4, 7, and 8. An
elementary school and mix of medium and lower density residential uses extend southward 1Tom
the Town Center toward the Otay River Valley, with the lowest residential intensities at the
southernmost portion of the parcel.
Final PBS&J agt/Jan. 28, 102-18~lO
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SCOPE OF WORK FOR PARCEL B EIR
Initial Study
Because the City of Chula Vista has determined that an Environmental Impact Report (EIR) is
required for the proposed Parcel B Project, an Initial Study is not required by the California
Environmental Quality Act (CEQA) and therefore is not included in this scope of work.
Notice of Preparation
1. PBS&J will prepare the EIR Notice of Preparation (NOP) and provide a copy to OLC and
the City of Chula Vista for review. PBS&J will prepare one set of revisions to the draft NOP
based on comments received from the OLC Management Team and the City of Chula Vista staff
provided however the final draft of the NOP has been prepared to the reasonable satisfaction of
the City. If additional revisions are required by the City to the NOP, the parties agree to comply
with Section 3.2.2 of the Agreement. PBS&J will provide the City of Chula Vista with an
electronic version and five copies of the final NOP. It is assumed that the City of Chula Vista
would be responsible for publication and distribution of the Parcel B Project NOP.
2. At the conclusion of the 30-day public review of the NOP, PBS&J will prepare a table
that summarizes the comments received and include it in the appendix of the EIR along with the
NOP and NOP comment letters received by the City.
Public Scoping Meeting
It is assumed that the City of Chula Vista staff would be responsible for all preparation,
presentation of material, and noticing for the Parcel B Project EIR scoping meeting. The PBS&J
Project Manager will attend the Scoping Meeting to assist City staff with answers to questions
regarding the CEQA process.
DRAFT EIR
PBS&J will prepare the Draft EIR in full compliance with CEQA [Public Resources Code
921000 et seq.], the CEQA Guidelines [California Code of Regulations 915000 et seq], CEQA
case law and the City of Chula Vista Environmental Review Procedures. This EIR will be tiered
from the 2001 Otay Ranch GDP Final Program EIR, the General Plan Update EIR and the
Supplemental General Plan Update ErR (under preparation by Recon Environmental). The
following provides a scope of work to prepare the major components of the Draft EIR.
Final PBS&J agtfJan. 28, 102-18-10
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Introduction
PBS&J will prepare an Introduction to the EIR describing the project background and
discretionary approvals required. A brief description of the Otay Ranch GDP Final Program
EIR, the General Plan Update EIR and the Supplemental General Plan Update EIR (under
preparation) will be included in the Introduction.
Executive Summary
The Executive Summary will contain all elements required in CEQA Guidelines 915123, and
will include a brief description of the project, and the alternatives evaluated in the EIR. It will
also include a discussion of the areas of controversy and issues to be resolved, including the
choice among alternatives and whether or how to mitigate the significant effect. The summary
would include three tables, one providing a summary of direct impacts and mitigation measures
identified for the proposed project, one providing a summary of cumulative impacts and
mitigation measures identified for the proposed project, and the last one would provide a matrix
identifying the impacts and mitigation measures of the project alternatives.
Proiect Description
The Project Description section will be prepared to comply with all requirements of CEQA
Guidelines 915124 and will include a discussion of the project's location and boundaries;
purpose and need; primary features, including background of the project, technical, economic
and environmental characteristics; general aspects of project construction and operation; and
improvements proposed as part of the proj ect that would reduce or eliminate potential
environmental impacts. The project description, including graphic materials, will be based
solely on information provided by OLC.
The project description would include all offsite improvements proposed as a part of the Project,
any parts of the project that may be built off-site from the project, such as the sewer and storm
drain pipelines proposed from the project site south into Otay Valley and offsite improvements
required as mitigation. In order to minimize the potential delays in developing the project, it may
also be prudent to include off-site roadway improvements as part of the project description based
on the recommended phasing of facility construction provided in the traffic study. For example,
the proposed configuration of Rock Mountain Road (Main Street), located to the west of the
project site, is different from what was depicted in the 2005 City of Chula Vista General Plan.
The project descriptions would include this roadway improvement as part of the Parcel B project.
A budget augmentation pursuant to the provisions of Section 3.2.2 of the Agreement may be
required to address any other off-site project improvements not identified in the project
description.
PBS&J will review the project information provided by the Applicant and identify any
inconsistencies between the project application materials as part of preparing the project
description; however, PBS&J will not be undertaking a quality control review of these materials
because it is assumed that the OLC project team will have already done so. PBS&J shall validate
the project description with the City. Furthermore, should the project description change during
FinalPBS&J agt/Jan. 28, 102-13.10
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the course of preparing the EIR, and then an amendment to the EIR scope of work may be
required.
This EIR chapter will also provide the project objectives, which will be developed in
consultation with OLC and the City staff. The project objectives are a key element of the project
description because they set the parameters for developing the project alternatives. Finally,
accompanying the project description will be a complete list of all responsible and trustee
agencies and necessary discretionary actions, including permits, listed by jurisdiction.
Environmental Setting. Impacts. and Mitigation
The Environmental Setting, Impacts, and Mitigation section of the EIR will include the overall
Environmental Setting of the Parcel B Project site. The ErR will follow the standard City format.
The Environmental Analysis (Impacts and Mitigation) will be included within each
environmental issue topic section, as described below.
Environmental Setting
The Environmental Setting will be prepared as described in CEQA Guidelines ~15125. It will
briefly describe physical conditions as they exist in the project vicinity with emphasis on
conditions important to the analysis of impacts at the time the Notice of Preparation is filed with
the State Clearinghouse. Compliance or inconsistency with any applicable adopted local or
regional plans will be briefly discussed.
Environmental Analvsis
The Environmental Analysis for the Parcel B Project would be conducted in accordance with the
City of Chula Vista Environmental Review Procedures. PBS&J shall follow the City's standard
format for EIRs. The organization of the EIR will generally follow a format where each
environmental topic is subdivided into the following subsections: Introduction, Existing
Condition, Regulatory Framework, Impacts and Mitigation Measures. The Cumulative Impacts
analysis and References portion of the EIR will be in separate sections.
The Introduction subsection provides a description of background information specific to each
environmental topic area.
The Existing Condition subsection provides a description of the existing conditions of the project
site, specific to each environmental topic area.
The Regulatory Framework subsection provides a description of applicable regulations and
policies promulgated by Federal, State, regional and local agencies that apply to the specific
environmental topic area.
The Impacts and Mitigation Measures subsection provides the methodology for impact analysis;
thresholds of significance based on the City's Growth Management Oversight Commission
(GMOC) t..'1resholds as appropriate and Appendix G of the CEQA Guidelines, and effects not
found to be significant. This is followed by a statement of the impact and its significance prior to
Final PBS&J agtJJan. 28. 102-18-10
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mitigation and after mitigation. Subsequent to the summary is the impact analysis, identification
of mitigation measures if necessary, and the secondary impacts of such mitigation measures.
The Cumulative Impacts section includes an analysis of the proposed project and related past,
present, and probable future projects that would contribute to the degradation of the environment
in each topic area. The Cumulative Impacts section will address each of the environmental topic
subsections addressed in the EIR. For each topic subsection, four questions will be addressed in
the analysis:
. What is the geographic context of the analysis?
. Does a significant cumulative impact exist?
. If so, what is the project's contribution before implementation of project-level
mitigation measures?
. What is the project's contribution after implementation of project-Ievel mitigation
measures?
The References section provides a bibliography of reference materials used in preparing the EIR
with corresponding numerical references throughout the text.
The scope of the environmental analysis was developed based on the preliminary project
description for the Parcel B Project and PBS&J's knowledge of the project area. The following
issues will be addressed in the ElR:
. AestheticslLandforrn Alteration
. Agricultural Resources
. Air Quality
. Biological Resources
. Cultural Resources (including paleontological resources)
. Geology and Soils
. Global Climate Change
. Hazards and Hazardous Materials
. HousingIPopulation
. Hydrology and Water Quality
. Land Use and Planning
. Noise
Final PBS&J agt/Jan. 28, I02-18~IO
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. Public Services and Utilities
. Transportation/Traffic
Guidelines for assessing tbe significance of potential impacts for each of tbe environmental
topics addressed in tbe EIR will be based on the issue questions provided in the most recent
version of tbe California Governor's Office of Planning and Research (OPR) CEQA Guidelines
Appendix G, Environmental Checklist Form. Impact determination will be derived from tbe
significance criteria used by the City of Chula Vista. For tbe global climate change issue,
PBS&J will follow the City's direction for its analysis and will use the City's GHG thresholds
and tbe issue questions developed by the OPR.
The following discussion describes the approach to the analysis of the environmental Issue
topics.
Aesthetics/Landform Alteration
PBS&J will conduct the analysis of potential impacts to aesthetics/landform alteration tbat would
result from tbe conversion of a currently undeveloped site to urban development. The analysis
will rely in part on tbe photo simulations prepared for the project by Hale Engineering tbat has
been approved by tbe City. OLC will provide PBS&J with tbe City approved photo simulations
prior to PBS&J's preparation of tbis section of tbe ElR. (The City may direct PBS&J to begin
preparation of this section prior to receiving the photosimulations if the City determines there is
sufficient information for PBS&J to begin work.) The Chula Vista GP EIR and Otay Ranch
GDP Program EIR identified significant impacts to landform alteration and required
implementation of measures at tbe SPA Plan level within tbe East Planning Area to reduce
grading and visual resource impacts. The SPA Plans are required to incorporate features into tbe
landscape design tbat provide landscape intensity zones, greenbelt edge treatments, and slope
treatment; provide a transition from tbe manicured appearance of developed area to tbe natural
landscape in open space areas; and include plantings to frame and maintain views. The
aestbetics/landform alteration analysis will include the following tasks:
1. Attach two (2) photosimulations of the Parcel B SPA plan area, prepared by Hale
Engineering and approved by tbe City. Describe the existing visual setting of tbe Parcel B plan
area, including distinctive landform features, scenic roadways and other scenic resources.
Altbough the site vicinity does not include any state-designated scenic highways, Hunte Parkway
(near the northern boundary of Parcel C) is designated as a Scenic Roadway within tbe Chula
Vista General Plan. The City also identifies primary gateway locations throughout the City,
which are designed to exhibit a special character to enhance the City's image and pride. Of
these, two gateways are located in tbe SR-125/EUC area, including tbe Birch Road Gateway and
tbe Rock Mountain Gateway. This section will also describe the existing landform features
based on topographic maps, such as steep slopes, which are considered visual resources under
tbe GDP. .
2. Describe policies and standards related to aesthetics and landform alteration identified in
tbe City of Chula Vista General Plan (relevant policies within Objectives LUT 6, 7, 8, 9, 10, 11,
13, and 94), Otay Ranch GDP, and Resource Management Plan (RMP).
Final PBS&J agUJan. 28, 102-18-10
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3. Analyze the potential impacts to aesthetics and landfonn alteration associated with
substantial adverse affects to scenic resources; changes to scenic vistas rrom public view points;
substantial degradation of the existing visual character; creation of new sources of substantial
light and glare; substantial slope alteration of significant landfonns due to grading. The visual
analysis will incorporate the two visual simulations prepared by Hale Engineering that have been
approved by the City. The significance determination will be based on an analysis of the
consistency of the proposed project with relevant local policies and standards.
4. Develop mitigation measures and strategies to address any identified significant impacts,
such as landscaping, landfonn alteration standards, building design, and lighting requirements.
Agricultural Resources
PBS&J will conduct the agricultural resources analysis. According to the City of Chula Vista
General Plan EIR, the project site does not contain any lands designated as Prime Farmland or
Farmland of Statewide Importance, although it does contain Farmland of Local Importance and
Grazing Land. The City of Chula Vista General Plan EIR did not identifY any significant
impacts pertaining to the conversion of agricultural land. However, the Otay Ranch GDP EIR
considered the incremental loss of Farmland of Local Importance to be a significant cumulative
impact. Although no agricultural uses are currently onsite, the potential for interim agricultural
activity does exist (however, the high cost of importing water has become prohibitive for many
agricultural activities). Should interim agricultural activities commence onsite, a potential for
land use conflicts with adjacent uses may result. The preparation of an Agricultural Plan was
identified as mitigation in the Otay Ranch GDP EIR to reduce the impact to below a level of
significance.
The agricultural impact analysis will include the following tasks:
1. Characterize the existing project setting as it pertains to agricultural resources, including
any historical farming practices on the property and the project site's fannland suitability based
on the categories established by the California Department of Conservation Farmland Mapping
and Monitoring Program (FMMP).
2. Describe relevant agricultural policies and regulations, including those found in the
Williamson Act, City of Chula Vista General Plan, Otay Ranch Grazing ordinance, and the Otay
Ranch GDP ErR. Specifically, Objective E-4 in the General Plan relates to maintaining the
opportunity for limited agricultural and related uses to occur as an interim land use within
planned development areas and as a potential pennanent land use within appropriate locations
(policies E 4.1, 4.2, 4.3).
3. Analyze the proposed project with respect its consistency with the goals established in
the Chula Vista General Plan and Otay Ranch GDP for the preservation of the opportunity for
lirnited agricultural uses and discuss potential compatibility issues that relate to the adjacency of
agricultural uses and the proposed urban development.
4. If necessary, propose mitigation measures, including the preparation of an Agricultural
Plan, that address potential compatibility between potential interim agricultural uses and
surrounding urban development.
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5. Address the potential cumulative impacts that could result from the incremental
conversion of Farmland of Local Importance.
Air Quality
PBS&J will prepare the air quality evaluation based solely on the air quality technical report and
health risk assessment prepared for the project by ISE (to be provided to PBS&J by OLC and
approved by the City.) OLC will provide PBS&J with the City approved report and assessment
prior to PBS&J's preparation of this section of the EIR. (The City may direct PBS&J to begin
preparation of this section prior to receiving these documents if the City determines there is
sufficient information for PBS&J to begin work.) The tasks are as follows.
1. Conduct an EIR level review of the air quality technical report and health risk assessment
to ensure that the analysis of the report and assessment address the proposed project (both on and
off-site features) accurately and that the CEQA impact analysis addresses the appropriate
questions identified in Appendix G of the CEQA Guidelines. As part of this review, PBS&J will
determine whether the air quality technical report adequately addresses the GMOC Ordinance
with respect to air quality. In addition, this review will also identifY any document informational
inconsistencies that are discovered as part of the review.
2. Describe the existing air quality in the San Diego Air Basin (SDAB) in the vicinity of the
project site, including local meteorology and existing pollutant levels at nearby air quality
monitoring stations.
3. List relevant policies that relate to air quality in the SDAB, including the San Diego Air
Pollution Control District Regional Air Quality Strategy (RAQS) and the CARB State
Implementation Plan (SIP), and local policies included in the City of Chula Vista General Plan.
4. Identify potential air quality impacts associated with consistency with the SIP, RAQS,
and City and local air quality policies; violations of any air quality standard or contribution to an
existing or projected air quality violation; expose sensitive receptors to substantial pollutant
emissions; or create objectionable odors that affect a substantial number of people. The
Applicant shall be required to provide a health risk assessment for sensitive receptors within 500
feet of centerline of SR 125.
5. Propose mitigation measures for all identified impacts.
Biological Resources
PBS&J will prepare the biological resources evaluation based solely on the technical report
prepared by URS in 2009 for the project (to be provided to PBS&J by OLC and approved by the
City.) OLC will provide PBS&J with the City approved report prior to PBS&J's preparation of
this section of the EIR. (The City may direct PBS&J to begin preparation of this section prior to
receiving this document if the City determines there is sufficient information for PBS&J to begin
work.). The tasks are as follows.
1. Conduct an EIR level review of the biological resources technical report to ensure that
the analysis addresses the proposed project (both on and off-site features) accurately and that the
Final PES&J agtlJan. 28,102-18.10
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CEQA impact analysis addresses the appropriate questions identified in Appendix G of the
CEQA Guidelines. In addition, this review will also identify any document informational
inconsistencies that are discovered as part of the review. Key issues to be addressed in the
biological resources section are compliance with the Otay Ranch Resource Management Plan
and the Multiple Species Conservation Program and related City of Chula Vista MSCP Subarea
Plan - Wetland Protection Program and the policies and standards related to biology identified in
the City's General Plan.
2. Summarize the biological resources technical report as a section in the Draft ErR and
include this technical report as an appendix to the Draft EIR.
Cultural Resources
PBS&J will prepare the cultural resources (including paleontological resources) evaluation based
on the technical report for the project prepared by Gallegos & Associates (to be provided to
PBS&J by OLC and approved by the City.) OLC will provide PBS&J with the City approved
report prior to PBS&J's preparation of this section of the ErR. (The City may direct PBS&J to
begin preparation of this section prior to receiving this document if the City determines there is
sufficient information for PBS&J to begin work.) The tasks are as follows.
1. Conduct an ErR level review of the cultural resources (which includes paleontological
resources) technical report to ensure that the analysis addresses the proposed project (both on and
off-site features) accurately and that the CEQA impact analysis addresses the appropriate
questions identified in Appendix G of the CEQA Guidelines. Key issues to be addressed in this
section is compliance with the policies and standards related to cultural and paleontological
resources identified in the City's General Plan. In addition, this review will also identify any
document informational inconsistencies that are discovered as part of the review.
2. Summarize the cultural resources technical report as a section in the Draft EIR and
include this technical report as an appendix to the Draft ErR.
Geology & Soils
PBS&J will prepare the geology and soils evaluation based solely on the technical report
prepared by Pacific Soils for the project (to be provided to PBS&J by OLC and approved by the
City). OLC will provide PBS&J with the City approved report prior to PBS&J's preparation of
this section of the ErR. (The City may direct PBS&J to begin preparation of this section prior to
receiving this document if the City determines there is sufficient information for PBS&J to begin
work.) The tasks are as follows.
1. Conduct an ErR level review of the geology and soils technical report to ensure that the
analysis addresses the proposed project (both on and off-site features) accurately and that the
CEQA impact analysis addresses the appropriate questions identified in Appendix G of the
CEQA Guidelines. This section will address compliance with the geology and soils policies and
standards identified in the City's General Plan. In addition, this review will also identify any
document informational inconsistencies that are discovered as part ofthe review.
Final PBS&J agtlJan. 28, 102-18-10
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2. Summarize the geology and soils technical report as a section in the Draft EIR and
include this technical report as an appendix to the Draft EIR.
Global Climate Change
PBS&J will prepare the global climate change evaluation based solely on the technical report for
the project prepared by ISE (to be provided to PBS&J by OLC and approved by the City). OLC
will provide PBS&J with the City approved report prior to PBS&J's preparation of this section
of the EIR. (The City may direct PBS&J to begin preparation of this section prior to receiving
this document if the City determines there is sufficient information for PBS&J to begin work.)
The tasks are as follows.
I. Conduct an EIR level review of the global climate change technical report to ensure that
the analysis addresses the proposed project (both on and off-site features) accurately and that the
CEQA impact analysis addresses the appropriate questions identified in Appendix G of the
CEQA Guidelines pertaining to greenhouse gas emissions. PBS&J shall coordinate with the City
regarding the methodology consultant will use for such analysis. As part of this review ensure
that the report contains current information relative to the City of Chula Vista Greenhouse Gas
Inventory, any state policy or mandates in effect, and the City of ChuIa Vista Growth
Management Ordinance Air Quality Improvement Plan and Water Conservation Plan, the latter
two of which may have a direct bearing on greenhouse gas generation. In addition, this review
will also identify any document informational inconsistencies that are discovered as part of the
review.
2. Summarize the global climate change technical report as a section in the Draft EIR and
include this technical report as an appendix to the Draft EIR.
Hazards and Hazardous Materials
PBS&J will prepare the hazards and hazardous materials evaluation based on the Phase I Site
Assessment for the project (to be provided to PBS&J by OLC and approved by the City), as well
as research conducted by PBS&J with respect to the risk of upset, hazardous emissions,
proximity to airports, wildland fires, and the potential interference with emergency response
plans. OLC will provide PBS&J with the City approved Phase I Site Assessment prior to
PBS&J's preparation of this section of the EIR. (The City may direct PBS&J to begin
preparation of this section prior to receiving this document if the City determines there is
sufficient information for PBS&J to begin work.) The tasks are as follows.
I. Conduct an EIR level review of the Phase I Site Assessment to ensure that the analysis
addresses the proposed project (both on and off-site features) accurately and that the CEQA
impact analysis addresses the appropriate questions identified in Appendix G of the CEQA
Guidelines. In addition, this review will also identify any document informational
inconsistencies that are discovered as part of the review.
2. Summarize the Phase I Site Assessment as a section in the Draft EIR and include this
technical report as an appendix to the Draft ElR.
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3. Conduct research with respect to the risk of upset, hazardous emissions, proximity to
airports and the potential interference with emergency response plans and include this
information in the existing conditions section of the hazards/hazardous materials discussion.
4. Conduct an analysis to determine whether the project would result in a hazardous
materials impact either from contaminated soils (based on the Phase I Site Assessment) or
through the risk of upset; address past use of pesticides and fertilizers on site, a hazardous
emission with one-quarter mile of a existing or proposed school; a conflict with a nearby airport;
a conflict with implementation of an emergency response plan; a wildland fire impact; and
consistency with City of Chula Vista General Plan and other policies regarding hazards.
5. Describe mitigation measures to address any significant impacts.
HousinglPopulation
PBS&J will conduct the housing and population analysis. The tasks are as follows.
I. Prepare the existing conditions section which will include data regarding applicable
housing and population information obtained from SANDAG, the City of Chula Vista General
Plan, and the Otay Ranch GDP Update. The setting will also include information regarding the
"Otay Land Company Affordable Housing Program Implementation Plan - Parcels B and C."
2. Conduct a housing/population impact analysis addressing whether the project would
induce substantial population growth in the area; displace substantial numbers or existing homes
or people; or be inconsistent with the growth projections included in the City of Chula Vista
General Plan Update or Otay Ranch GDP Update. As part of the analysis, evaluate the project's
consistency with the City of Chula Vista General Plan Housing Element with respect to
affordable housing based on the information provided in the "Otay Land Company Affordable
Housing Program" and information pertaining to the City's Regional Housing Needs Allocation
(RHNA).
3. Describe mitigation measures to address any significant impacts identified in the impact
analysis.
Hvdrologv and Water Oualitv
PBS&J will prepare the hydrology and water quality evaluation based solely on the hydrology
and water quality technical reports for the project site (to be provided to PBS&J by OLC and
approved by the City). OLC will provide PBS&J with the City approved reports prior to
PBS&J's preparation of this section of the EIR. (The City may direct PBS&J to begin
preparation of this section prior to receiving these documents if the City detennines there is
sufficient information for PBS&J to begin work.) The tasks are as follows.
I. Conduct an EIR level review of the hydrology and water quality technical reports to
ensure that the analysis addresses the proposed project (both on and off-site features) accurately
and that the CEQA impact analysis addresses the appropriate questions identified in Appendix G
of the CEQA Guidelines. This section shall address compliance with the hydrology and water
quality policies and standards identified in the City's General Plan. In addition, this review will
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also identify any document informational inconsistencies that are discovered as part of the
review.
2. Summarize the hydrology and water quality technical reports as a section in the Draft
EIR and include these technical reports as appendices to the Draft EIR.
Land Use and Planning
PBS&J will conduct the land use and plarming analysis. The tasks are as follows.
1. Describe both in narrative and graphic form, the existing adopted plans and policies that
pertain to the project, including SANDAG's Regional Comprehensive Plan, City of Chula
Vista's General Plan, Otay Ranch GDP Update, City ofChula Vista Zoning Code, City ofChula
Vista Multiple Species Conservation Program Subarea Plan, Growth Management Ordinance,
Park Land Dedication Ordinance, Parks and Recreation Master Plan and Greenbelt Master Plan.
For the General Plan include a discussion for each of the six elements (Land Use and
Transportation, Economic Development, Public Facilities and Services, Environmental, and
Housing) regarding policies that pertain to the proposed project. This section shall address
compliance with land use policies and standards identified in the City's General Plan. In
addition, describe the existing land use conditions for both on-site and adjacent off-site
conditions, supported by an aerial photograph.
2. Conduct an impact analysis which addresses whether the project would divide an
established community, conflict with an applicable plan, policy or regulation; and conflict with a
habitat conservation plan. Also, this section shall address compliance with land use policies and
standards identified in the City's General Plan.
3. Describe mitigation measures for any significant impacts identified.
Noise
PBS&J will prepare the noise evaluation based solely on the noise technical report for the project
prepared by ISE in 2009 (to be provided to PBS&J by OLC and approved by the City). OLC will
provide PBS&J with the City approved report prior to PBS&J's preparation of this section of the
EIR. (The City may direct PBS&J to begin preparation of this section prior to receiving this
document if the City determines there is sufficient information for PBS&J to begin work.) The
noise analysis conducted will be based on community noise equivalent levels (CNEL). The tasks
are as follows.
1. Conduct an EIR level review of the noise technical report to ensure that the analysis
addresses the proposed project (both on and off-site features) accurately and that the CEQA
impact analysis addresses the appropriate questions identified in Appendix G of the CEQA
Guidelines. This section shall address compliance with the noise policies and standards identified
in the City's General Plan. In addition, this review will also identify fulY document
informational inconsistencies that are discovered as part of the review and describe mitigation
measures for any significant impacts identified.
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2. Summarize the noise technical report as a section in the Draft EIR and include this
technical report as an appendix to the Draft ElR.
Public Services and Utilities
PBS&J will conduct the public services and utilities analysis, which will be supported by the
water supply analysis and sewer and water studies to be provided by OLC and approved by the
City. OLC will provide PBS&J with the City approved documents prior to PBS&J's preparation
of this section of the EIR. (The City may direct PBS&J to begin preparation of this section prior
to receiving these documents if the City determines there is sufficient information for PBS&J to
begin work.) It will also be tiered from the City of Chula Vista's 2005 General Plan Program
EIR. In addition, public services and utilities will be evaluated in light of the City of Chula
Vista's Growth Management Ordinance quality of life threshold standards. Air quality and
drainage are also addressed in the Growth Management Ordinance. A discussion concerning
these topics will be found in the air quality, and hydrology and water quality sections of the EIR.
The tasks for this section are described below and apply to each of the following topics.
. Fire and Emergency Medical Services
. Police Services
. Schools
. Libraries
. Parks, Recreation, Opens Space and Trails
. Water (including water supply, distribution, and conservation)
. Wastewater
. Solid Waste
. Energy Resources
I. Each topic will include a discussion of applicable policy and regulations, such as the City
of Chula Vista General Plan Update; Chula Vista Municipal Code, including the GMOC
Ordinance, and Otay Ranch GDP Update. A description of the existing service and service
available for buildout of the project will also be provided based on information obtained from
either the serving agency or secondary sources, such as the City of Chula Vista Growth
Management Oversight Commission (GMOC) current annual report. The impact analysis will
be conducted consistent with the thresholds provided in Appendix G of the CEQA Guidelines
and the GMOC Ordinance. The impact analysis will also include a consistency comparison with
applicable City of Chula Vista General Plan policies, such as those pertaining to police and fire
protection service, schools, libraries, and parks and recreation. Where appropriate, such as for
the parks and recreation topic, the impact analysis will also compare the proposed project with
policies of the Otay Ranch General Development Plan, the Greenbelt Master Plan and the Chula
Vista Parks and Recreation Master Plan.
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2. This scope of work assumes that OLC will provide a Water Supply Assessment and
Verification Report (WSA) for the proposed project which will address water supply. The WSA
will be adopted by the OWD who has been routinely processing WSAs for projects in Chula
Vista. It is anticipated that water supply for the project should not be a major issue in that OWD
has identified conceptual new sources of water to accommodate future growth in their service
area beyond those that were identified in their most current Urban Water Management Plan.
These new source water projects are listed below and are included in the 2009 OWD Master Plan
EIR that PBS&J is currently preparing.
Water Supplv Proiects
1. Otay River Groundwater Desalinization Facility
2. Otay Mesa Recycled Water System Link
3. Middle Sweetwater River Basin Groundwater Well
4. City of Chula Vista MBR Reclamation Plant
5. Rosarito Seawater Desalinization Facility
6. Rancho Del Rey Groundwater Well
7. North District Recycled Water Concept
8. Otay Mesa Lot 7 Groundwater Well
9. Potable Irrigation Meters to Recycled Water Conversions
3. PBS&J will conduct an EIR level review of the WSA to ensure that the analysis
addresses the proposed project accurately and that the analysis addresses the appropriate
questions identified in Appendix G of the CEQA Guidelines. In addition, this review will also
identify any document informational inconsistencies that are discovered as part of the review.
The water supply section will also discuss the proposed on-site water supply system based on the
project information provided in the water service study and the water conservation plan, both of
which were prepared by Dexter Wilson Engineering.
4. The wastewater discussion will cover wastewater generation, the on-site collection
system, and the off-site conveyance system based solely on information provided in the sewer
service report for the Parcel B proj ect prepared by Dexter Wilson Engineering. The wastewater
analysis shall also address the capacity of existing sewer treatment facilities to accommodate the
proposed volume of sewage.
5. Mitigation measures will be described where significant impacts are identified.
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T ransportation/T raffic
PBS&J will prepare the transportation/traffic evaluation based on the technical report prepared
by RBF for the project and the City's GMOC thresholds and guidelines. The technical report will
be provided by OLC and approved by the City. OLC will provide PBS&J with the City approved
report prior to PBS&J's preparation of this section of the ElR. (The City may direct PBS&J to
begin preparation of this section prior to receiving these documents if the City determines there
is sufficient information for PBS&J to begin work.) The tasks are as follows.
1. Conduct an ErR level review of the transportation/traffic technical report to ensure that
the analysis addresses the proposed project (both on and off-site features) accurately and that the
CEQA impact analysis addresses the appropriate questions identified in Appendix G of the
CEQA Guidelines. In addition, this review will also identify any document informational
inconsistencies that are discovered as part of the review. The traffic analysis that will be
conducted for the General Plan Amendment Supplemental EIR will include a number of
different scenarios; most notably the analysis will study the traffic circulation in the project area
with and without the future La Media Road bridge connection over Otay Valley and the re-
alignment of Rock Mountain Road if needed for the Project. The review will determine if this
analysis is referenced in the project level traffic study. In addition, the phasing of the Rock
Mountain RoadlSR 125 interchange will be a key component of the analysis provided in the RBF
technical report. This section shall address compliance with the vehicular and transit
transportation policies and standards identified in the City's General Plan. Finally, this section
of the ElR will also include a GMOC analysis.
2. Summarize the transportation/traffic technical report as a section in the Draft EIR and
include this technical report as an appendix to the Draft EIR.
Cumulative Impacts
The EIR will include a comprehensive analysis of cumulative impacts under a separate heading
within each of the environmental issue sections in Chapter 4.0. In accordance with the guidance
found in 915130 of the State CEQA Guidelines, PBS&J will identify known, reasonably
foreseeable projects in the project vicinity for inclusion in the cumulative impact analysis. The
cumulative project list will vary with the particular issue addressed because the cumulative
nature of a particular topic area varies. For example, visual impacts would be limited to a
noticeable difference to the projects viewshed, while traffic impacts may encompass a larger
area. To develop the list of cumulative projects, PBS&J will contact the City of Chula Vista
Planning Department staff. Publicly available documents such as EIRs, and conditional use
permits will be reviewed as part of identifying cumulative projects. .
The EIR will discuss reasonable mitigation measures for cumulatively significant impacts with
the recognition, as the CEQA Guidelines state, that "with some projects, the only feasible
mitigation for cumulative impacts may involve the adoption of ordinances or regulations rather
than the imposition of conditions on a project-by-project basis."
Other CEQA Considerations
This section will include a discussion of the following topics:
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. Effects Found Not to be Significant
. Significant and Unavoidable Environmental Impacts
. Significant Irreversible Environmental Effects
. Growth Inducement
Effects Found Not to be Significant
This section will include a discussion of any environmental topics that are not anticipated to
incur significant adverse environmental effects. For the Parcel B Project EIR, it is anticipated
that this section will only include the topic of Mineral Resources. The analysis of this topic will
follow the approach identified in the CEQA Guidelines Appendix G, Initial Study Checklist.
Significant and Unavoidable Environmental Impacts
Pursuant to 915126.2(b) of the CEQA Guidelines, this section identifies significant impacts that
would not be avoided, even with the implementation of feasible mitigation measures.
Significant and Irreversible Environmental Changes
915126.2(c) of the CEQA Guidelines requires a discussion of any significant and irreversible
environmental effects that would be caused by the proposed project. Generally, a project would
result in significant irreversible environmental changes if the project would involve a large
commitment of nomenewable resources or that the project involves uses in which irreversible
damage would result from any potential environmental accidents associated with the project. The
analysis for this section would be based on information presented for the various environmental
issues presented in the EIR.
Growth Inducement
This section will discuss the potential for the development of the proposed proj ect to foster
economic or population growth or the construction of additional housing in the surrounding
environment. Included will be a discussion of the potential for the project to contribute to
growth of undeveloped areas through the extension or construction of new infrastructure
facilities. Consistent with CEQA Guidelines 915126.2(d), the discussion will not assume that
growth is necessarily beneficial, detrimental, or oflittle significance to the environment.
Alternatives
PBS&J will prepare this section to include a discussion of three project alternatives (in addition
to the CEQA-required No Project Alternative) developed in consultation with OLC and the City
of Chula Vista. In addition PBS&J will provide the City with limited quantative analysis
associated with each alternative. The development of project alternatives will focus on the
requirements of CEQA Guideline 915126.6, which states that "An EIR shall describe a range of
reasonable alternatives to the project, or to the location of the project, which would feasibly
attain most of the basic objectives of the project but would avoid or substantially lessen any of
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the significant effects of the project, and evaluate the comparative merits of the alternatives." As
specified in the CEQA Guidelines, the development of project alternatives will focus on reducing
proposed project significant impacts, whether or not they would be mitigated to a level below
significance. Conceptual plans for the project alternatives will be provided by OLC, if needed,
and these alternatives will be addressed based on secondary information sources. The project
alternatives will be analyzed to determine potential impacts and to compare these to the proposed
project impacts for each of the environmental topics addressed for the project. CEQA does not
require the alternatives analysis to be at the same level of detail as the proposed project, and
therefore this information will be more general in nature. The summary of project alternative
impacts will be illustrated in a matrix to easily discern the differences in impacts between the
alternatives. In addition, as required by the CEQA Guidelines the environmentally superior
alternative will be identified. If this is the No Project Alternative, the next environmentally
superior alternative will be identified. If applicable, this section will also include a discussion of
alternatives that were eliminated early in the environmental process trom further consideration.
Mitigation Monitoring and Reporting Program (MMRP)
1. PBS&J will prepare the draft MMRP based on information provided in the Draft ErR and
submit to OLC and the City of Chula Vista electronically for review.
2. PBS&J will prepare the final MMRP based on comments from OLC and the City of
ChuIa Vista on the draft MMRP within the limits of a four (4) hour professional staff time
budget. Notwithsta..ding the foregoing, PBS&J shall prepare the final MMRP to the reasonable
satisfaction of the City. The Parties agree that in the event additional hours are required to
complete the MMRP to the reasonable satisfaction of the City the provisions of Section 3.2.2 of
this Agreement shall apply. DRAFT EIR DELNERABLES, PRINTING, AND
DISTRIBUTION
The following number of deliverable copies was determined in consultation with City staff.
PBS&J will work with City staff to reduce the number of paper copies if possible and instead
submit digital versions of the various documents electronically where possible (via email or FIP
download). PBS&J will provide an electronic copy of the various documents in an editable form
if requested by the City.
1. First Administrative Draft EIR. PBS&J will submit to the City 25 copies of the First
Administrative Draft EIR in three ring binders, 10 copies of the appendices in three-ring binders,
and one (I) electronic version of the Draft EIR and all appendices in PDF and editable format.
PBS&J will submit five (5) copies of the First Administrative Draft EIR to OLC.
2. Second Administrative Draft EIR. PBS&J will prepare the Second Administrative Draft
EIR based on the incorporation of comments received by the City of Chula Vista and OLC on
the First Administrative Draft EIR within the limits of an eighty (80) hour professional staff time
budget. Notwithstanding the foregoing, PBS&J shall be responsible for making all revisions
reasonably requested by the City. The Parties agree that in the event additional hours are required
to complete said task to the reasonable satisfaction of the City, the provisions of Section 3.2.2 of
this Agreement shall apply. It is assumed that all comments received on the First
Administrative Draft EIR would be collated by the City of Chula Vista to include any comments
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received from OLC and submitted to PBS&J in one document. PBS&J will submit to the City
20 copies of the Second Administrative Draft EIR in three-ring binders, five (5) copies of only
the appendix technical reports that have changed as a result of comments on the First
Administrative Draft ErR in three-ring binders, and one (1) electronic version of the Draft EIR
and all appendices in PDF and editable format. PBS&J will submit five (5) copies of the Second
Administrative Draft ErR to OLC.3.
3. Third Administrative Draft ErR. PBS&J will prepare the Third Administrative Draft EIR
based on the incorporation of comments received by OLC and the City of Chula Vista on the
Second Administrative Draft EIR within the limits of a fifty-six (56) hour professional staff time
budget. Notwithstanding the foregoing, PBS&J shall be responsible for making all revisions
reasonably requested by the City. The Parties agree that in the event additional hours are required
to complete said task to the reasonable satisfaction of the City, the provisions of Section 3.2.2 of
this Agreement shall apply. It is assumed that all comments received on the Second
Administrative Draft EIR would be collated by the City ofChula Vista and OLC for each of their
comments respectively and submitted to PBS&J in no more than two documents. PBS&J will
submit to the City 10 copies of the Third Administrative Draft ErR in three-ring binders, five (5)
copies of only the appendix technical reports that have changed as a result of comments on the
Second Administrative Draft EIR in three-ring binders, and one (1) electronic version of the
Draft ErR and all appendices in PDF a.'1d editable format. PBS&J will submit five (5) copies of
the Third Administrative Draft ErR to OLC.
4. Fourth Administrative Draft ErR (proof draft prior to authorization to print public review
copies). PBS&J will prepare the Fourth Administrative Draft ErR based on the incorporation of
comments received by OLC and the City of Chula Vista on the Third Administrative Draft ErR
within the limits of a forty four (44) hour professional staff time budget. Notwithstanding the
foregoing, PBS&J shall be responsible for making all revisions reasonably requested by the City.
The Parties agree that in the event additional hours are required to complete said task to the
reasonable satisfaction of the City, the provisions of Section 3.2.2 ofthis Agreement shall apply.
It is assumed that all comments received on the Third Administrative Draft EIR would be
collated by the City of Chula Vista and OLC for each of their comments respectively and
submitted to PBS&J in no more than two documents. PBS&J will submit to the City seven (7)
copies of the Fourth Administrative Draft EIR in three-ring binders, three (3) copies of all
appendices for final proofing prior to printing public review copies and one (1) electronic version
of the Draft ErR and all appendices in PDF and editable format. PBS&J will submit five (5)
copies of the Fourth Administrative Draft EIR to OLC.
5. Public Review Draft ErR PBS&J will prepare the public review Draft ErR based on
comments received by the City of Chula Vista and OLC on the Fourth Administrative Draft ErR
within the limits of twenty two (22) hour professional staff time budget. Notwithstanding the
foregoing, PBS&J shall be responsible for making all revisions reasonably requested by the City.
The Parties agree that in the event additional hours are required to complete said task to the
reasonable satisfaction of the City, the provisions of Section 3.2.2 of this Agreement shall apply.
It is assumed that all comments received on the Fourth Administrative Draft EIR would be
collated by City of Chula Vista staff and OLC for each of their comments respectively and
submitted to PBS&J in two documents. PBS&J will submit to the City 15 copies of Draft EIR
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combbound, four (4) copies of Draft EIR in three-ring binders, 80 copies of the Executive
Summary combbound with a CD of the Draft EIR and all Appendices attached in a pouch or
sleeve in the back of the summary (includes 15 for the State Clearinghouse), two (2) copies of
the complete appendices in three-ring binders, and four (4) copies of the complete appendices
combbound. PBS&J will submit five (5) copies of the public review Draft EIR to OLC.
6. Notice of Completion, Notice of Availability, Distribution List. The Notice of
Completion, Notice of Availability, and Draft EIR public review distribution list will be prepared
by City of Chula Vista.
FINAL EIR
In accordance with 915132 of the CEQA Guidelines, the Final EIR will include the following
items:
. A list of persons, organizations, and public agencies commenting on the Draft
EIR
. The responses of the lead agency to significant points raised during public review
. Revisions or clarifications to the Draft EIR
. Any other information considered important by the Lead Agency.
In addition, the Final EIR will include the Mitigation Monitoring and Reporting Program.
PBS&J will also prepare the Findings and Statement of Overriding Considerations for the
project.
Responses to Comments (RTC) on the Draft EIR
I. PBS&J will prepare draft responses to written comment letters received during the public
review period within the limits of an eighty (80) hour professional staff time budget.
Notwithstanding the foregoing, PBS&J shall prepare the draft RTC to the reasonable satisfaction
of the City. The Parties agree that in the event additional hours are required to complete said task
to the reasonable satisfaction of the City, the provisions of Section 3.2.2 of this Agreement shall
apply. If appropriate, responses will be grouped by comment topic. This will entail organizing
the comments, as well as assigning comments to the OLC project team for response if necessary.
The effort to respond to these comments is not expected to require substantial new analysis such
as the addition of an alternative or substantial revision to a section of the EIR. The draft RTC
will be submitted to OLC and City of Chula Vista staff electronically for their review.
2. PBS&J will prepare final responses to written comments based on comments received by
OLC and the City of Chula Vista on the draft RTC within the limits of a forty (40) hour
professional staff time budget. Notwithstanding the foregoing, PBS&J shall make all revisions
reasonably requested by the City. The Parties agree that in the event additional hours are required
to complete said task to the reasonable satisfaction of the City, the provisions of Section 3.2.2 of
this Agreement shall apply. It is assumed that all comments received on the draft RTC would be
collated by OLC and the City of Chula Vista and submitted to PBS&J in two documents. The
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RTC will be presented in side-by-side fonnat with a reduced version of the letter on the left side
of the page and the responses on the right side of the page. PBS&J will also prepare a list of
persons, organizations and agencies commenting on the Draft EIR, and a summary of any
changes made to the Draft EIR that were incorporated into the Final EIR, for inclusion in the
Final EIR.
Revisions or Clarifications to the Draft EIR
PBS&J will revise the text of the Draft EIR based on public review comments as appropriate to
respond to specific comments within the limits of an eighteen (18) hour professional staff time
budget. Notwithstanding the foregoing, PBS&J shall make all revisions reasonably requested by
the City. The Parties agree that in the event additional hours are required to complete said task to
the reasonable satisfaction of the City, the provisions of Section 3.2.2 of this Agreement shall
apply. A summary of any changes or clarifications made to the Draft EIR that were incorporated
into the Final EIR will be submitted to OLC and the City of Chula Vista for their review.
Findings/Statement of Overriding Considerations (SaC)
1. PBS&J will prepare the draft of the Findings/SaC based on the example provided by the
City of Chula Vista and the infonnation presented in the EIR. The justification for the overrides
will be developed in consultation with OLC and the City of Chula Vista. PBS&J will submit the
draft Findings/Sac electronically to OLC and the City of Chula Vista for their review.
2. PBS&J will prepare the [mal Findings/SaC based on comments provided by OLC and
the City of Chula Vista within the limits of twenty (20) hour professional staff time budget.
Notwithstanding the foregoing, PBS&J shall prepare the final Findings/SaC to the reasonable
satisfaction of the City. The Parties agree that in the event additional hours are required to
complete said task to the reasonable satisfaction of the City, the provisions of Section 3.2.2 of
this Agreement shall apply. PBS&J will submit to the City one (I) reproducible copy of the
Findings/Statement of Overriding Considerations and 15 stapled copies of the Final
Findings/Statement of Overriding Considerations. PBS&J will submit five (5) copies of the Final
Findings /Statement of Overriding Considerations to OLC.
Mitigation Monitoring and Reporting Program (MMRP)
I. PBS&J will prepare the draft MMRP as provided for herein and submit to the City one
(1) reproducible copy of the Final MMRP and 15 combbound copies of the Final MMRP.
PBS&J will submit five (5) copies of the Final MMRP to OLC.
Notice ofDetennination
The Notice of Detennination will be prepared and filed by the City of Chula Vista.
FINAL EIR DELIVERABLES, PRINTING, AND DISTRIBUTION
1. Administrative Final EIR. PBS&J will submit to the City 15 copies of Administrative
Final EIR in three ring binders, 2 copies of Appendices if changed from the public review
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version and one (1) electronic version of the Final EIR and Appendices in PDF and editable
format.
2. Final EIR. PBS&J will submit to the City 20 copies of the Final EIR combbound, four
(4) copies of the Final EIR in three-ring binders, two (2) copies of all appendices in three-ring
binders, two (2) copies of the appendices combbound, 25 copies of the Executive Summary
combbound with a CD of the Final EIR and all Appendices attached in a pouch or sleeve in the
back of the summary and one (1) reproducible master copy of the FEIR not three-hole punched.
PBS&J will submit five (5) copies of the Final EIR to OLC.
Note: The Draft and Final EIR and appendices document production budget has been estimated
at $21,195. The exact cost for document printing may be greater or less than this amount,
depending on the length of the document, color graphics, oversize graphics, and the number of
copies requested by OLC or the City of Chula Vista. Therefore, should the printing budget need
revision, PBS&J will inform OLC prior to incurring additional charges.
Management, Quality Control, and Meetings
MANAGEMENT AND QUALITY CONTROL
Kim Howlett will be the PBS&J Project Manager and will act as the principal point of contact
for OLC and the City of Chula Vista, and will be responsible for all aspects of EIR preparation,
including management oversight and quality control, Joanne Dramko will be the Assistant
Project Manager with responsibility for day-to-day activities associated with preparing and
processing the EIR and related documents. Mr. Howlett, with Ms. Dramko's assistance will
organize the project in terms of technical scope of work, budget, scheduling, and resource
allocation; oversee its implementation; organize and oversee report preparation; and participate
in client, and public meetings. The Project Manager will be responsible for completing the
project on time and within the contracted budget, while ensuring that the product meets OLC's
and the City of Chula Vista's expectations. The Project Manager will track the budget, schedule
and scope of work to ensure efficient use of resources. The Project Manager will:
1. Organize the various project tasks to ensure the fulfillment of contractual
objectives;
2. Monitor the progress of the document preparation by the project team on a regular
basis;
3. Identify and solve technical, scheduling or budgetary problems;
4. Interact with OLC, Chula Vista and public agencies;
5. Coordinate and approve outgoing project correspondence;
6. Keep the parties informed of significant project developments;
7. Oversee the organization, preparation and publication of reports in draft and final
form; and
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8. Monitor and evaluate the performance of project personnel.
QUALITY CONTROL
Quality products associated with the project ErR will be achieved through a quality control
program that includes technical study and document reviews - continuously throughout
document preparation, and at key milestones in the document preparation. Throughout the
preparation of the EIR, quality control will be achieved by various management techniques
implemented by the Project Manager or Assistant Project Manager. These techniques include a
review of draft materials before production and frequent discussions with the task managers to
assess the status of the project and maintain direct control over work priorities. Suggested
revisions will be implemented to ensure the documents are legally defensible and CEQA
compliant.
BUDGET CONTROL
The Project Manager will be responsible for timely completion of the contract work within the
confines of the assigned budget. Standard company fiscal controls and regular computerized
fiscal reporting are designed to maximize the efficiency and accuracy of project budget
management. The Project Manager has access to summaries by job and task, including
information on the individuals who have charged to a task, the number of hours they have
charged, the total dollar value of the labor charged against the task, non-labor charges, and the
estimated remaining budget. Monthly summaries, which provide labor and non-labor charges by
project and task for each billing period, are the basis for preparing monthly invoices. In the
event, the Consultant has reason to believe that the tasks set forth in this Scope of Work cannot
be performed within the time frames that are budgeted for said work, the Proj ect manager shall
immediately notify the City and OLC.
SCHEDULE CONTROL
PBS&J recognize that the Land Offer Agreement between OLC and the City of Chula Vista
requires that the EIR process be concluded within 24 months of project application submittal and
acceptance. PBS&J agrees to complete the ErR for Parcel B for potential certification by the
City within a time frame that achieves a public hearing date for the Parcel B Project of no later
than August 21, 2011. PBS&J shall provide the City within two (2) weeks of the Effective Date
of this Agreement with a detailed project schedule that identifies each technical study and its
relationship with ErR preparation, OLC and Chula Vista document review periods, mandatory
public review periods and the relationship between the Parcel B and Parcel C EIRs.
The Project Manager is responsible for assuring overall adherence to the project schedule. To
accomplish this, internal milestones and deadlines for deliverables will be established with
emphasis on maintaining the integrity of the critical path for achieving the specified proj ect
completion date. Technical study managers on the OLC team will be involved in this process
and will have responsibility for meeting specific milestones. Where possible, milestones will be
established such that minor changes will not impact the overall project schedule.
On a regular basis, the Project Manager will compare actual progress and milestone achievement
to the project schedule. Significant deviations or problems in meeting the schedule will be
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identified and any necessary corrections or modifications will be made. All actual or potential
conflicts with other project requirements will be resolved through discussions with the
professional staff. The regular review of work completed versus schedule milestones will
facilitate schedule management.
PROJECT COMMUNICATIONS AND REPORTING
Experience has shown that correspondence control is an essential part of any project. PBS&J
provides complete documentation of project transactions through the use of letters, memoranda,
records of telephone conversations and meetings, and transmittal and fax cover sheets. Written
documentation allows for quality assurance through proper dissemination of information and
provides a complete record that can be referenced as needed in the future.
PBS&J will use various communications/correspondence tools to ensure that complete
documentation of project-related information is maintained. Forms to record telephone
conversations and meeting notes will be used by all members of the proj ect team. The Proj ect
Manager will take notes during key meetings and will distribute action items bye-mail. Copies
of completed forms will be transmitted to central project files and to any team members directly
affected by the information discussed in the telephone or meeting conversations.
Transmittal letters will be used to document all transfers of written information, and will include,
at a minimum, the date, parties involved in the transfer, subject of the material transferred, and a
listing of transferred materials. As with all project correspondence, transmittal letters will be
copied to the central files.
Memoranda will be used by project team members to document information including, but not
limited to, coordination of team efforts, scheduling, personnel assignments, preliminary findings,
etc. Memoranda will be copied and retained in the central files. Memoranda documenting
critical project decisions and information of interest will be included with progress reports,
which will be included with monthly invoices.
E-mail will be used to notify team members of various activities and milestones, to expedite
information and technology transfer between OLC, City of Chula Vista staff, the project
consultant team and PBS&J, and to maintain frequent communication and correspondence.
MEETINGS, TELECONFERENCES, AND HEARINGS
The meeting budget was developed in consultation with City of Chula Vista staff, who indicated
that on average we would be requested to attend two meetings with the City per month. Given
an 18 month schedule this would result in 36 meetings. We therefore have divided the meeting
budget evenly between the scope of work for the Parcel B Project ElR and the Parcel C Project
ElR. Each meeting will be used to discuss both Parcel B and Parcel C.
The PBS&J Project Manager, Mr. Howlett and the Assistant Project Manager, Joanne Dramko,
will attend up to a total of eighteen (18) meetings with the City of Chula Vista staff, which will
include OLC, for the Parcel B Project EIR to facilitate the exchange of information and enhance
coordination among team members.
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The PBS&J Project Manager and Assistant Project Manager will participate in up to twenty (20)
one-hour teleconferences with the City of Chula Vista staff which will include OLC to discuss
project issues, schedule, and progress during the course of the EIR process.
The PBS&J Project Manager will prepare for and attend up to three (3) public hearings (not
including the Scoping Meeting, which is included earlier in this proposal) to answer questions
regarding the information presented in the ElR. This does not include the preparation of a
presentation, which would be undertaken by City of Chula Vista staff.
The Parties understand and agree that more meetings and teleconference hours may be required
by the City and that PBS&J will attend and participate in said additional teleconferences and
meetings as reasonably needed by the City to complete the ElR. The Parties agree that in the
event more such meetings or teleconferences are reasonably required by the City, the provisions
of Section 3.2.2 of this Agreement shall apply.
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Parcel C Scope of Work
Introduction
The Otay Land Company (OLC) has prepared land use plans and tentative tract maps for two
parcels in the Otay Ranch Development Area within the City of Chula Vista. The land use plans
for the two parcels (parcel B and Parcel C) require the preparation of amendments to the current
City of Chula Vista General Plan and Otay Ranch General Development Plan (GDP) for the
subject Villages and the Eastern Urban Center (EUC), as well as Sectional Planning Area (SPA)
Plans for both parcels. Parcel B includes portions of Villages 4, 7, and 8 in the Otay Ranch
Development Area and Parcel C includes portions of Villages 9 and Planning Area l2/EUC.
Separate Environmental Impact Reports (EIRs) will be prepared pursuant to the Guidelines
established under the California Environmental Quality Act (CEQA) for the land use plans and
tentative subdivision maps for each parcel. It is assumed that the project EIRs would be
processed nearly concurrently, with the EIR for Parcel B prepared prior to Parcel C. The
following proposal includes the scope of work to prepare the ErR for the Parcel C Project. The
scope of work to prepare the EIR for Parcel B is included in a separate document. Since the
Parcel B EIR would be prepared first, it is assumed that much of the background information
could be used in the Parcel C EIR, and therefore, the following scope of work to prepare the
Parcel C Project EIR reflects a reduced level of effort in comparison to Parcel B in both the EIR
preparation and related shared management tasks.
UNDERSTANDING OF THE OT A Y RANCH OLC PARCEL C PROJECT
The proposed plan for Parcel C includes portions of Villages 9 and the EUC. The project site is
273 acres in size and will address both a SPA Plan and tentative subdivision map. The Parcel C
plan includes a total of 103 single-family dwelling units and 2,557 multi-family units for Village
9; and 1,340 multi-family units for Planning Area 12/EUC. The key component of the Parcel C
land use plan is the University Town Center. This Village core would include mixed retail,
service, educational and higher density residential uses with a north/south couplet along "A"
Street connecting the EUC with Otay Valley Road.
The Town Center is designed with an east-west grid street pattern that would penetrate into the
planned university east of Parcel C. To facilitate bus rapid transit (BRT) in this community a
Transit Boulevard is proposed in the eastern portion of the plan. Parks are included in each
major residential area and the Town Center, with a school located in the residential area north
and adjacent to Otay Valley Road. Overall, the plan is designed such that residential densities
decrease from the EUC and Main Street southward to the Town Center, with densities continuing
to decrease toward Otay Valley Road and Otay River Valley.
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SCOPE OF WORK FOR PARCEL C EIR
Initial Study
Because the City of Chula Vista has determined that an EIR is required for the proposed Parcel C
Project, an Initial Study is not required by CEQA and therefore is not included in this scope of
work.
Notice of Preparation
1. PBS&J will prepare the EIR Notice of Preparation (NaP) and provide a copy to OLC and
the City of Chula Vista for review. PBS&J will prepare one set of revisions to the draft Nap
based on comments received from the OLC Management Team and the City ofChula Vista staff,
provided however the final draft of the Nap has been prepared to the reasonable satisfaction of
the City. If additional revisions are required by the City to the Nap, the parties agree to comply
with Section 3.2.2 of the Agreement. PBS&J will provide the City of Chula Vista with an
electronic version and five copies of the final Nap. It is assumed that the City of Chula Vista
would be responsible for publication and distribution of the Parcel C Project Nap.
2. At the conclusion of the 30-day public review of the Nap, PBS&J will prepare a table
that summarizes the comments received and include it in ihe appendix of the EIR along with the
Nap and Nap comment letters received by the City.
Public Scoping Meeting
It is assumed that the City of Chula Vista staff would be responsible for all preparation,
presentation of material, and noticing for the Parcel C Project EIR scoping meeting. The PBS&J
Project Manager will attend the Scoping Meeting to assist City staff with answers to questions
regarding the CEQA process.
DRAFT EIR
PBS&J will prepare the Draft EIR in full compliance with the CEQA [Public Resources Code
921000 et seq.], the CEQA Guidelines [California Code of Regulations 915000 et seq], CEQA
case law and the City of Chula Vista Environmental Review Procedures. This EIR will be tiered
from the 2001 Otay Ranch GDP Final Program EIR, the City of Chula Vista General Plan
Update EIR and the Supplemental General Plan Update EIR (under preparation by Recon
Environmental). The following provides a scope of work to prepare the major components of the
Draft EIR.
Introduction
PBS&J will prepare an Introduction to the EIR describing the project background and
discretionary approvals required. A brief description of the Otay Ranch GDP Final Program
EIR, the City of Chula Vista General Plan Update EIR and the Supplemental General Plan
Update EIR (under preparation) will be included in the Introduction.
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Executive Summary
The Executive Summary will contain all elements required in CEQA Guidelines 915123, and
will include a brief description of the project, and the alternatives evaluated in the EIR. It will
also include a discussion of the areas of controversy and issues to be resolved, including the
choice among alternatives and whether or how to mitigate the significant effect. The summary
would include three tables, one providing a summary of direct impacts and mitigation measures
identified for the proposed project, one providing a summary of cumulative impacts and
mitigation measures identified for the proposed project, and the last one would provide a matrix
identifYing the impacts and mitigation measures of the project alternatives.
Proiect Description
The Project Description section will be prepared to comply with all requirements of CEQA
Guidelines 915124 and will include a discussion of the proj ect' s location and boundaries;
purpose and need; primary features, including background of the project, technical, economic
and environmental characteristics; general aspects of project construction and operation; and
improvements proposed as part of the project that would reduce or eliminate potential
environmental impacts. . The project description, including graphic materials will be based
solely on infonnation provided by OLC.
The project description will include all offsite improvements proposed as a part of the Project,
any parts of the project that would be built off-site fi-om the project, such as the proposed sewer
and stonn drain pipelines proposed fIom the project site south into Otay Valley and offsite
improvements required as mitigation. Off-site roadway facilities may also be appropriate to
include in the project description based on the recommended phasing of facility construction
provided in the project traffic study. A budget augmentation pursuant to the provisions of
Section 3.2.1 of the Agreement may be required to address any other off-site project
improvements not identified in the project description.
PBS&J will review the project infonnation provided by the Applicant and identifY any
inconsistencies between the project application materials as part of preparing the project
description; however, PBS&J will not be undertaking a quality control review of these materials
because it is assumed that the OLC project team will have already done so. PBS&J shall validate
the project description with the City. Furthennore, should the project description change during
the course of preparing the ErR, an amendment to the EIR scope of work may be required.
This EIR chapter will also provide the project objectives, which will be developed in
consultation with OLC and the City staff. The project objectives are a key element of the project
description because they set the parameters for developing the project alternatives. Finally,
accompanying the project description will be a complete list of all responsible and trustee
agencies and necessary discretionary actions, including pennits, listed by jurisdiction.
Environmental Setting, Imoacts, and Mitigation
The Environmental Setting, Impacts, and Mitigation section of the EIR will include the overall
Environmental Setting of the Parcel C Project site. The ErR will follow the standard City
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Format. The Environmental Analysis (Impacts and Mitigation) will be included within each
environmental issue topic section, as described below.
Environmental Setting
The Environmental Setting will be prepared as described in CEQA Guidelines ~15125. It will
briefly describe physical conditions as they exist in the project vicinity with emphasis on
conditions important to the analysis of impacts at the time the Notice of Preparation is filed with
the State Clearinghouse. Compliance or inconsistency with any applicable adopted local or
regional plans will be briefly discussed.
Environmental Analysis
The Environmental Analysis for the Parcel C Project would be conducted in accordance with the
City of Chula Vista Environmental Review Procedures. PBS&J shall follow the City's standard
format for ErRs. The organization for the EIR will generally follow a format where each
environmental topic is subdivided into subsections: Introduction, Existing Condition, Regulatory
Framework, Impacts and Mitigation Measures. The Cumulative Impacts analysis and the
References portion ofthe ErR will be in separate sections.
The Introduction subsection provides a description of background information specific to each
environmental topic area.
The Existing Condition subsection provides a description of the existing conditions of the proj ect
site, specific to each environmental topic area.
The Regulatory Framework subsection provides a description of applicable regulations and
policies promulgated by Federal, State, regional and local agencies that apply to the specific
environmental topic area.
The Impacts and Mitigation Measures subsection provides the methodology for impact analysis;
thresholds of significance based on the City's Growth Management Oversight Commission
(GMOC) thresholds as appropriate and Appendix G of the CEQA Guidelines, and effects not
found to be significant. This is followed by a statement of the impact and its significance prior to
mitigation and after mitigation. Subsequent to the summary is the impact analysis, identification
of mitigation measures, if necessary and the secondary impacts of such mitigation measures.
The Cumulative Impacts section includes an analysis of the proposed project and related past,
present, and probable future projects that would contribute to the degradation of the environment
in each topic area. The Cumulative Impacts section will address each of the environmental topic
subsections addressed in the EIR. For each topic subsection, four questions will be addressed in
the analysis:
. What is the geographic context of the analysis?
. Does a significant cumulative impact exist?
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. Ifso, what is the project's contribution before implementation of project-Ievel
mitigation measures?
. What is the project's contribution after implementation of project-Ievel mitigation
measures?
The References section provides a bibliography of reference materials used in preparing the EIR
with corresponding numerical references throughout the text of the document.
The scope of the environmental analysis was developed based on the preliminary project
description for the Parcel C Project and PBS&J's knowledge of the project area. The following
issues will be addressed in the EIR:
. Aesthetics/Landform Alteration
. Agricultural Resources
. Air Quality
. Biological Resources
. Cultural Resources (including paleontological resources)
. Geology and Soils
. Global Climate Change
. Hazards and Hazardous Materials
. Housing/Population
. Hydrology and Water Quality
. Land Use and Planning
. Noise
. Public Services and Utilities
. Transportation/Traffic
Guidelines for assessing the significance of potential impacts for each of the environmental
topics addressed in the EIR will be based on the issue questions provided in the most recent
version of the California Governor's Office of Planning and Research (OPR) CEQA Guidelines
Appendix G, Environmental Checklist Form. Impact determination will be derived from the
significance criteria used by the City of Chula Vista. For the global climate change issue,
PBS&J will follow the City's direction for its analysis and will use the City's GHG thresholds
and the issue questions developed by the OPR
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The following discussion describes the approach to the analysis of the environmental Issue
topics.
Aesthetics/Landform Alteration
PBS&J will conduct the analysis of potential impacts to aesthetics/landform alteration that would
result trom the conversion of a currently undeveloped site to urban development. The analysis
will rely in part on the photosimulations prepared for the proj ect by Hunsaker and Associates and
approved by the City. OLC will provide PBS&J with the City approved photo simulations prior
to PBS&J's preparation of this section of the ElR. (The City may direct PBS&J to begin
preparation of this section prior to receiving this document if the City determines there is
sufficient information for PBS&J to begin work.) The Chula Vista General Plan ElR and Otay
Ranch GDP Program EIR identified significant impacts to landform alteration and required
implementation of measures at the SPA Plan level within the East Planning Area to reduce
grading and visual resource impacts. The SPA Plans are required to incorporate features into the
landscape design that provide landscape intensity zones, greenbelt edge treatments, and slope
treatment; provide a transition trom the manicured appearance of developed area to the natural
landscape in open space areas; and include plantings to trame and maintain views. The
aesthetics/landform alteration analysis will include the following tasks:
1. Attach the two (2) photo simulations of the Parcel C SPA plan area, prepared by
Hunsaker and Associates and approved by the City .Describe the existing visual setting of the
project vicinity, including distinctive landform features, scenic highways and roadways, and
other scenic resources. Although the site vicinity does not include any state-designated scenic
highways, Hunte Parkway (near the northern boundary of Parcel C) is designated as a Scenic
Roadway within the Chula Vista General Plan. The City also identifies primary gateway
locations throughout the City, which are designed to exhibit a special character to enhance the
City's image and pride. Of these, two gateways are located in the SR-125/EUC area, including
the Birch Road Gateway and the Rock Mountain Gateway. This section will also describe the
existing landform features based on topographic maps, and include any steep slopes, which are
considered visual resources under the GDP. For example, the northern area of Parcel C (portions
of the EUC and Village 9), contains areas of steep slopes greater than 25 percent.
2. Describe policies and standards related to aesthetics and landform alteration identified in
the City of Chula Vista General Plan (relevant policies within Objectives LUT 6, 7, 8, 9, 10, 11,
13, and 94), Otay Ranch GDP, and Resource Management Plan (RlvIP).
3. Analyze the potential impacts to aesthetics and landform alteration associated with
substantial adverse affects to scenic resources; changes to scenic vistas trorn public view points;
substantial degradation of the existing visual character; creation of new sources of substantial
light and glare; substantial slope alteration of significant landforms due to grading. The visual
analysis will incorporate the two visual simulations prepared by Hunsaker and Associates and
that have been approved by the City. The significance determination will be based on an
analysis of the consistency of the proposed project with relevant local policies and standards.
4. Develop mitigation measures and strategies to address any identified significant impacts,
such as landscaping, landform alteration standards, building design, and lighting requirements.
Final PBS&J agt/Jan. 28, 102-18~IO
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Agricultural Resources
PBS&J will conduct the agricultural resources analysis. According to the City of Chula Vista
General Plan EIR, the project site does not contain any lands designated as Prime Farmland or
Fannland of Statewide Importance, although it does cOntain Fannland of Local Importance and
Grazing Land. The City of Chula Vista General Plan ErR did not identify any significant
impacts pertaining to the conversion of agricultural land. However, the Otay Ranch GDP ElR
considered the incremental loss of Farmland of Local Importance to be a significant cumulative
impact. Although no agricultural uses are currently onsite, the potential for interim agricultural
activity does exist (however, the high cost of importing water has become prohibitive for many
agricultural activities). Should interim agricultural activities commence onsite, a potential for
land use conflicts with adjacent uses may result. The preparation of an Agricultural Plan was
identified as mitigation in the Otay Ranch GDP EIR to reduce the impact to below a level of
significance.
The agricultural impact analysis will include the following tasks:
1. Characterize the existing project setting as it pertains to agricultural resources, including
any historical farming practices on the property and the project site's farmland suitability based
on the categories established by the California Department of Conservation Farmland Mapping
and Monitoring Program (FMMP).
2. Describe relevant agricultural policies and regulations, including those found in the
Williamson Act, City of Chula Vista General Plan, Otay Ranch Grazing ordinance, and the Otay
Ranch GDP EIR. Specifically, Objective E-4 in the General Plan relates to maintaining the
opportunity for limited agricultural and related uses to occur as an interim land use within
planned development areas and as a potential permanent land use within appropriate locations
(Policies E 4.1, 4.2, 4.3).
3. Analyze the proposed project with respect its consistency with the goals established in
the Chula Vista General Plan and Otay Ranch GDP for the preservation of the opportunity for
limited agricultural uses and discuss potential compatibility issues that relate to the adjacency of
agricultural uses and the proposed urban development.
4. If necessary, propose mitigation measures, including the preparation of an Agricultural
Plan, that address potential compatibility between potential interim agricultural uses and
surrounding urban development.
5. Address the potential cumulative impacts that could result from the incremental
conversion of Fannland of Local Importance.
Air Ouality
PBS&J will prepare the air quality evaluation based solely on the technical report and health risk
assessment prepared for the project by ISE (to be provided to PBS&J by OLC and approved by
the City). OLC will provide PBS&J with the City approved report and assessment prior to
PBS&J's preparation of this section of the ElR. (The City may direct PBS&J to begin
Final PBS&J agtlJan. 28,102-18-10
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preparation of this section prior to receiving these documents if the City determines there is
sufficient information for PBS&J to begin work.) The tasks are as follows.
1. Conduct an EIR level review of the air quality technical report and health risk assessment
to ensure that the analysis addresses the proposed project (both on and off-site features)
accurately and that the CEQA impact analysis addresses the appropriate questions identified in
Appendix G of the CEQA Guidelines. As part of this review, PBS&J will determine whether the
air quality technical report adequately addresses the GMOC Ordinance with respect to air
quality. In addition, this review will also identify any document informational inconsistencies
that are discovered as part of the review.
2. Describe the existing air quality in the San Diego Air Basin (SDAB) in the vicinity of the
project site, including local meteorology and existing pollutant levels at nearby air quality
monitoring stations.
3. List relevant policies that relate to air quality in the SDAB, including the San Diego Air
Pollution Control District Regional Air Quality Strategy (RAQS) and the CARB State
Implementation Plan (SIP), and local policies included in the City of Chula Vista General Plan.
4. Identify potential air quality impacts associated with consistency with the SIP, RAQS,
and City and local air quality policies; violations of any air quality standard or contribution to an
existing or projected air quality violation; expose sensitive receptors to substantial pollutant
emissions; or create objectionable odors that affect a substantial number of people. The
Applicant shall be required to provide a health risk assessment for sensitive receptors located
within 500 feet ofSR125.
5. Propose mitigation measures for all identified impacts.
Biological Resources
PBS&J will prepare the biological resources evaluation based solely on the technical report
prepared by URS for the project (to be provided to PBS&J by OLC and approved by the City).
OLC will provide PBS&J with the City approved report prior to PBS&J's preparation of this
section of the ElR. (The City may direct PBS&J to begin preparation of this section prior to
receiving this document if the City determines there is sufficient information for PBS&J to begin
work.) The tasks are as follows.
I. Conduct an EIR level review of the biological resources technical report to ensure that
the analysis addresses the proposed project (both on and off-site features) accurately and that the
CEQA impact analysis addresses the appropriate questions identified in Appendix G of the
CEQA Guidelines. In addition, this review will also identify any document informational
inconsistencies that are discovered as part of the review. Key issues to be addressed in the
biological resources section are compliance with the Otay Ranch Resource Management Plan
and the Multiple Species Conservation Program and related City of Chula Vista MSCP Subarea
Plan - Wetland Protection Program and the policies and standards related to biology identified in
the City's General Plan. In addition, the Eastern Urban Center SPA Draft EIR identifies an
"Other Waters of the US" located near the central western boundary of Parcel C which should be
considered in the biological resources study.
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2. Summarize the biological resources teclmical report as a section in the Draft EIR and
include this teclmical report as an appendix to the Draft EIR.
Cultural Resources
PBS&J will prepare the cultural resources (including paleontological resources) evaluation based
on the teclmical report for the project prepared by Gallegos & Associates (to be provided to
PBS&J by OLC and approved by the City). OLC will provide PBS&J with the City approved
report prior to PBS&J's preparation of this section of the EIR. (The City may direct PBS&J to
begin preparation of this section prior to receiving this document if the City determines there is
sufficient information for PBS&J to begin work.) The tasks are as follows.
1. Conduct an EIR level review of the cultural resources (which includes paleontological
resources) technical report to ensure that the analysis addresses the proposed project (both on and
off-site features) accurately and that the CEQA impact analysis addresses the appropriate
questions identified in Appendix G of the CEQA Guidelines. Key issues to be addressed in this
section is compliance with the policies and standards related to cultural and paleontological
resources identified in the City's General Plan. In addition, this review will also identify any
document informational inconsistencies that are discovered as part of the review.
2. Summarize the cultural resources teclmical report as a section in the Draft EIR and
include this teclmical report as an appendix to the Draft EIR.
Geology & Soils
PBS&J will prepare the geology and soils evaluation based solely on the teclmical report
prepared by Pacific Soils for the project (to be provided to PBS&J by OLC and approved by the
City). OLC will provide PBS&J with the City approved report prior to PBS&J's preparation of
this section of the EIR. (The City may direct PBS&J to begin preparation of this section prior to
receiving this document if the City determines there is sufficient information for PBS&J to begin
work.) The tasks are as follows.
I. Conduct an EIR level review of the geology and soils teclmical report to ensure that the
analysis addresses the proposed project (both on and off-site features) accurately and that the
CEQA impact analysis addresses the appropriate questions identified in Appendix G of the
CEQA Guidelines. This section will address compliance with the geology and soils policies and
standards identified in the City's General Plan. In addition, this review will also identify any
document informational inconsistencies that are discovered as part of the review.
2. Summarize the geology and soils teclmical report as a section in the Draft EIR and
include this teclmical report as an appendix to the Draft EIR.
Global Climate Change
PBS&J will prepare the global climate change evaluation based solely on the teclmical report for
the project prepared by ISE (to be provided to PBS&J by OLC and approved by the City). OLC
will provide PBS&J with the City approved report prior to PBS&J's preparation of this section
of the EIR. (The City may direct PBS&J to begin preparation of this section prior to receiving
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this document if the City detennines there is sufficient infonnation for PBS&J to begin work.)
The tasks are as follows.
1. Conduct an EIR level review of the global climate change technical report to ensure that
the analysis addresses the proposed project (both on and off-site features) accurately and that the
CEQA impact analysis addresses the appropriate questions identified in Appendix G of the
CEQA Guidelines pertaining to greenhouse gas emissions. PBS&J shall coordinate with the City
regarding the methodology that PBS&J will use for such analysis. As part of this review ensure
that the report contains current infonnation relative to the City of Chula Vista Greenhouse Gas
Inventory, any state policies or mandates in effect, and the City of Chula Vista Growth
Management Ordinance Air Quality Improvement Plan and Water Conservation Plan, the latter
two of which may have a direct bearing on greenhouse gas generation. In addition, this review
will also identify a11Y document infonnational inconsistencies that are discovered as part of the
reVIew.
2. Summarize the global climate change technical report as a section in the Draft EIR and
include this technical report as an appendix to the Draft EIR.
Hazards and Hazardous Materials
PBS&J will prepare the hazards and hazardous materials evaluation based on the Phase I Site
Assessment for the project (to be provided to PBS&J by OLC and approved by the City), as well
as research conducted by PBS&J with respect to the risk of upset, hazardous emissions,
proximity to airports, wildland fires, and the potential interference with emergency response
plans. OLC will provide PBS&J with the City approved Phase I Site Assessment prior to
PBS&J's preparation of this section of the ElR. (The City may direct PBS&J to begin
preparation of this section prior to receiving this document if the City detennines there is
sufficient infonnation for PBS&J to begin work.) The tasks are as follows.
1. Conduct an EIR level review of the Phase I Site Assessment to ensure that the analysis
addresses the proposed project (both on and off-site features) accurately and that the CEQA
impact analysis addresses the appropriate questions identified in Appendix G of the CEQA
Guidelines. In addition, this review will also identify any document informational
inconsistencies that are discovered as part of the review.
2. Summarize the Phase I Site Assessment as a section in the Draft EIR and include this
technical report as an appendix to the Draft EIR.
3. Conduct research with respect to the risk of upset, hazardous emissions, proximity to
airports and the potential interference with emergency response plans and include this
information in the existing conditions section of the hazards/hazardous materials discussion.
4. Conduct an analysis to determine whether the project would result in a hazardous
materials impact either from contaminated soils (based on the Phase I Site Assessment) or
through the risk of upset; address past use of pesticides and fertilizers on site, a hazardous
emission with one-quarter mile of a existing or proposed school; a conflict with a nearby airport;
a conflict with implementation of an emergency response plan; a wildland fire impact; and
consistency with City of Chula Vista General Plan and other policies regarding hazards.
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5. Describe mitigation measures to address any significant impacts.
HousingfPopulation
PBS&J will conduct the housing and population analysis. The tasks are as follows.
1. Prepare the existing conditions section which will include data regarding applicable
housing and population information obtained trom SANDAG, the City of Chula Vista General
Plan, and the Otay Ranch GDP Update. The setting will also include information regarding the
"Otay Land Company Affordable Housing Program Implementation Plan - Parcels B and C."
2. Conduct a housing/population impact analysis addressing whether the project would
induce substantial population growth in the area; displace substantial numbers or existing homes
or people; or be inconsistent with the growth projections included in the City of Chula Vista
General Plan or Otay Ranch GDP Update. As part of the analysis, evaluate the project's
consistency with the. City of Chula Vista General Plan Housing Element with respect to
affordable housing based on the information provided in the "Otay Land Company Affordable
Housing Program" and information pertaining to the City's Regional Housing Needs Allocation
(RHNA).
3. Describe mitigation measures to address any significant impacts identified in the impact
analysis.
Hvdrology and Water Ouality
PBS&J will prepare the hydrology and water quality evaluation based solely on the hydrology
and water quality technical reports for the project site (to be provided to PBS&J by OLC and
approved by the City). OLC will provide PBS&J with the City approved reports prior to
PBS&J's preparation of this section of the EIR. (The City may direct PBS&J to begin
preparation of this section prior to receiving these documents if the City determines there is
sufficient information for PBS&J to begin work.) The tasks are as follows.
1. Conduct an EIR level review of the hydrology and water quality technical reports to
ensure that the analysis addresses the proposed project (both on and off-site features) accurately
and that the CEQA impact analysis addresses the appropriate questions identified in Appendix G
of the CEQA Guidelines. This section shall address compliance with the hydrology and water
quality policies and standards identified in the City's General Plan. In addition, this review will
also identifY any document informational inconsistencies that are discovered as part of the
reVIew.
2. Summarize the hydrology and water quality technical reports as a section in the Draft
EIR and include these technical reports as appendices to the Draft EIR.
Land Use and Planning
PBS&J will conduct the land use and planning analysis. The tasks are as follows.
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1. Describe both in narrative and graphic form, the existing adopted plans and policies that
pertain to the project, including SANDAG's Regional Comprehensive Plan, City of Chula
Vista's General Plan, Otay Ranch GDP Update, City of Chula Vista Zoning Code, City of Chula
Vista Multiple Species Conservation Program Subarea Plan, Growth Management Ordinance,
Park Land Dedication Ordinance, Parks and Recreation Master Plan and Greenbelt Master Plan.
For the General Plan include a discussion for each of the six elements (Land Use and
Transportation, Economic Development, Public Facilities and Services, Environmental, and
Housing) regarding policies that pertain to the proposed project. This section shall address
compliance with land use policies and standards identified in the City's General Plan. In
addition, describe the existing land use conditions for both on-site and adjacent off-site
conditions, supported by an aerial photograph.
2. Conduct an impact analysis which addresses whether the project would divide an
established community, conflict with an applicable plan, policy or regulation; and conflict with a
habitat conservation plan. Also this section shall address compliance with land use policies and
standards identified in the City's General Plan.
3. Describe mitigation measures for any significant impacts identified.
Noise
PBS&J will prepare the noise evaluation based solely on the noise technical report for the project
prepared by lSE (to be provided to PBS&J by OLC and approved by the City). OLC will provide
PBS&J with the City approved report prior to PBS&J's preparation of this section of the ElR.
(The City may direct PBS&J to begin preparation of this section prior to receiving this document
if the City determines there is sufficient information for PBS&J to begin work.) The noise
analysis conducted will be based on community noise equivalent levels (CNEL). The tasks are as
follows.
1. Conduct an ElR level review of the noise technical report to ensure that the analysis
addresses the proposed project (both on and off-site features) accurately and that the CEQA
impact analysis addresses the appropriate questions identified in Appendix G of the CEQA
Guidelines. This section shall address compliance with the noise policies and standards
identified in the City's General Plan. In addition, this review will also identify any document
informational inconsistencies that are discovered as part of the review and describe mitigation
measures for any significant impacts identified.
2. Summarize the noise technical report as a section in the Draft EIR and include this
technical report as an appendix to the Draft ElR.
Public Services and Utilities
PBS&J will conduct the public services and utilities analysis, which will be supported by the
water supply analysis and sewer and water studies to be provided by OLC and approved by the
City. ). OLC will provide PBS&J with the City approved reports prior to PBS&J's preparation of
this section of the ElR. (The City may direct PBS&J to begin preparation of this section prior to
receiving these documents if the City determines there is sufficient information for PBS&J to
begin work.) It will also be tiered from the City of Chula Vista 2005 General Plan Program ElR.
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In addition, public services and utilities will be evaluated in light of the City of Chula Vista's
Growth Management Ordinance quality of life threshold standards. Air quality and drainage are
also addressed in the GMOC. A discussion concerning these topics will be found in the air
quality, and hydrology and water quality sections of the ErR. The tasks for this section are
described below and apply to each of the following topics.
. Fire and Emergency Medical Services
. Police Services
. Schools
. Libraries
. Parks, Recreation, Opens Space and Trails
. Water (including water supply, distribution, and conservation)
. Wastewater
. Solid Waste
. Energy Resources
1. Each topic will include a discussion of applicable policy and regulations, such as the City
of Chula Vista General Plan Update; Chula Vista Municipal Code, including the GMOC
Ordinance, and Otay Ranch GDP Update. A description of the existing service and service
available for buildout of the project will also be provided based on information obtained from
either the serving agency or secondary sources, such as the City of Chula Vista Growth
Management Oversight Commission (GMOC) current annual report. The impact analysis will
be conducted consistent with the thresholds provided in Appendix G of the CEQA Guidelines
and the GMOC Ordinance. The impact analysis will also include a consistency comparison with
applicable City of Chula Vista General Plan policies, such as those pertaining to police and fire
protection service, schools, libraries, and parks and recreation. Where appropriate, such as for
the parks and recreation topic, the impact analysis will also compare the proposed project with
policies of the Otay Ranch General Development Plan, the Greenbelt Master Plan and the Chula
Vista Parks and Recreation Master Plan.
2. This scope of work assumes that OLC will provide a Water Supply Assessment and
Verification Report (WSA) for the proposed project which will address water supply. The WSA
will be adopted by the OWD who has been routinely processing WSAs for projects in Chula
Vista. It is anticipated that water supply for the project should not be a major issue in that OWD
has identified conceptual new sources of water to accommodate future growth in their service
area beyond those that were identified in their most current Urban Water Management Plan.
These new source water projects are listed below and are included in the 2009 OWD Master Plan
EIR that PBS&J is currently preparing.
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Water Supplv Proiects
1. Otay River Groundwater Desalinization Facility
2. Otay Mesa Recycled Water System Link
3. Middle Sweetwater River Basin Groundwater Well
4. City of Chula Vista MBR Reclamation Plant
5. Rosarito Seawater Desalinization Facility
6. Rancho Del Rey Groundwater Well
7. North District Recycled Water Concept
8. Otay Mesa Lot 7 Groundwater Well
9. Potable Irrigation Meters to Recycled Water Conversions
3. PBS&J will conduct an EIR level review of the WSA to ensure that the analysis
addresses the proposed project accurately and that the analysis addresses the appropriate
questions identified in Appendix G of the CEQA Guidelines. In addition, this review will also
identifY any document informational inconsistencies that are discovered as part of the review.
The water supply section will also discuss the proposed on-site water supply system based on the
project information provided in the water service study and the water conservation plan, both of
which were prepared by Dexter Wilson Engineering.
4. The wastewater discussion will cover wastewater generation, the on-site collection
system, and the off-site conveyance system based solely on information provided in the sewer
service report for the Parcel C project prepared by Dexter Wilson Engineering. The wastewater
analysis shall also address the capacity of existing sewer treatment facilities to accommodate the
proposed volume of sewage.
5. Mitigation measures will be described where significant impacts are identified.
T ransportationIT raffic
PBS&J will prepare the transportation/traffic evaluation based solely on the technical report
prepared by RBF for the project and the City's GMOC thresholds and guidelines. The technical
report will be provided by OLC and approved by the City. OLC will provide PBS&J with the
City approved report prior to PBS&J's preparation of this section of the ElR. (The City may
direct PBS&J to begin preparation of this section prior to receiving this document if the City
determines there is sufficient information for PBS&J to begin work.) The tasks are as follows.
1. Conduct an EIR level review of the transportation/traffic technical report to ensure that
the analysis addresses the proposed project (both on and off-site features) accurately and that the
CEQA impact analysis addresses the appropriate questions identified in Appendix G of the
FiDal PBS&J agtlJan. 28,102-18-10
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CEQA Guidelines. In addition, this review will also identifY any document informational
inconsistencies that are discovered as part of the review. The traffic analysis that will be
conducted for the General Plan Amendment Supplemental EIR will include a number of
different scenarios; most notably the analysis will study the traffic circulation in the project area
with and without the future La Media Road bridge connection over Otay Valley an alignment of
Rock Mountain Road if needed for the Project. The review will determine if this analysis is
referenced in the project level traffic study. In addition, the phasing of the Rock Mountain
RoadJSR 125 interchange will be a key component of the analysis provided in the RBF technical
report. This section shall address compliance with the vehicular and transit transportation
policies and standards identified in the City's General Plan. Finally, this section of the EIR will
also include a GMOC analysis.
2. Summarize the transportation/traffic technical report as a section in the Draft EIR and
include this technical report as an appendix to the Draft EIR.
Cumulative Impacts
The EIR will include a comprehensive analysis of cumulative impacts under a separate heading
within each of the environmental issue sections in Chapter 4.0. In accordance with the guidance
found in 915130 of the State CEQA Guidelines, PBS&J will identifY known, reasonably
foreseeable projects in the project vicinity for inclusion in the cumulative impact analysis. The
cumulative project list will vary with the particular issue addressed because the cumulative
nature of a particular topic area varies. For example, visual impacts would be limited to a
noticeable difference to the projects viewshed, while traffic impacts may encompass a larger
area. To develop the list of cumulative projects, PBS&J will contact the City of Chula Vista
Planning Department staff. Publicly available documents such as EIRs, and conditional use
permits will be reviewed as part of identifYing cumulative projects.
The EIR will discuss reasonable mitigation measures for cumulatively significant impacts with
the recognition, as the CEQA Guidelines state, that "with some projects, the only feasible
mitigation for cumulative impacts may involve the adoption of ordinances or regulations rather
than the imposition of conditions on a project-by-project basis."
Other CEOA Considerations
This section will include a discussion of the following topics:
. Effects Found Not to be Significant
. Significant and Unavoidable Environmental Impacts
. Significant Irreversible Environmental Effects
. Growth Inducement
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Effects Found Not to be Significant
This section will include a discussion of any environmental topics that are not anticipated to
incur significant adverse environmental effects. For the Parcel C Project EIR, it is anticipated
that this section will only include the topic of Mineral Resources. The analysis of this topic will
follow the approach identified in the CEQA Guidelines Appendix G, Initial Study Checklist.
Significant and Unavoidable Environmental Impacts
Pursuant to gI5l26.2(b) of the CEQA Guidelines, this section identifies significant impacts that
would not be avoided, even with the implementation of feasible mitigation measures.
Significant and Irreversible Environmental Changes
gI5126.2(c) of the CEQA Guidelines requires a discussion of any significant and irreversible
environmental effects that would be caused by the proposed project. Generally, a project would
result in significant irreversible environmental changes if the project would involve a large
commitment of nonrenewable resources or that the project involves uses in which irreversible
damage would result from any potential environmental accidents associated with the project. The
analysis for this section would be based on information presented for the various environmental
issues presented in the ErR.
Growth Inducement
This section will discuss the potential for the development of the proposed project to foster
economic or population growth or the construction of additional housing in the surrounding
environment. Included will be a discussion of the potential for the project to contribute to
growth of undeveloped areas through the extension or construction of new infrastructure
facilities. Consistent with CEQA Guidelines gI5l26.2(d), the discussion will not assume that
growth is necessarily beneficial, detrimental, or of little significance to the environment.
Alternatives
PBS&J will prepare this section to include a discussion of 0 three project alternatives (in addition
to the CEQA-required No Project Alternative) developed in consultation with OLC and the City
of Chula Vista. In addition, PBS&J will provide the City with the quantative analysis associated
with each alternative. The development of project alternatives will focus on the requirements of
CEQA Guideline gI5126.6, which states that "An EIR shall describe a range of reasonable
alternatives to the project, or to the location of the project, which would feasibly attain most of
the basic objectives of the project but would avoid or substantially lessen any of the significant
effects of the project, and evaluate the comparative merits of the alternatives." As specified in
the CEQA Guidelines, the development of project alternatives will focus on reducing proposed
project significant impacts, whether or not they would be mitigated to a level below significance.
Conceptual plans for the project alternatives will be provided by OLC, if needed, and these
alternatives will be addressed based on secondary information sources. The project alternatives
will be analyzed to determine potential impacts arid to compare these to the proposed project
impacts for each of the environmental topics addressed for the project. CEQA does not require
the alternatives analysis to be at the same level of detail as the proposed project, and therefore
Final PBS&J agt/Jan. 28, 102-18-10
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this information will be more general in nature. The summary of project alternative impacts will
be illustrated in a matrix to easily discern the differences in impacts between the alternatives. In
addition, as required by the CEQA Guidelines the environmentally superior alternative will be
identified. If this is the No Project Alternative, the next environmentally superior alternative will
be identified. If applicable, this section will also include a discussion of alternatives that were
eliminated early in the environmental process from further consideration.
Mitigation Monitoring and Reporting Program (MMRP)
1. PBS&J will prepare the draft MMRP based on information provided in the Draft ErR and
submit to OLC and the City of Chula Vista electronically for review.
2. PBS&J will prepare the final MMRP based on comments from OLC and the City of
Chula Vista on the draft MMRP within the limits of a four (4) hour professional staff time
budget. Notwithstanding the foregoing, PBS&J shall prepare the final MMRP to the reasonable
satisfaction of the City. The Parties agree that in the event additional hours are required to
complete the MMRP to the reasonable satisfaction of the City, the provisions of Section 3.2.2 of
this Agreement shall apply.
DRAFT EIR DELIVERABLES, PRINTING, AND DISTRlBUTION
The following number of deliverable copies was determined in consultation with City staff.
PBS&J will work with City staff to reduce the number of paper copies if possible and instead
submit digital versions of the various documents electronically where possible (via email or FTP
download). PBS&J will provide an electronic copy of the various documents in an editable form
if requested by the City.
1. First Administrative Draft EIR. PBS&J will submit to the City 25 copies of the First
Administrative Draft EIR in three ring binders, 10 copies of the appendices in three-ring binders,
and one (1) electronic version of the Draft ErR and all appendices in PDF and editable format.
PBS&J will submit five (5) copies of the First Administrative Draft ErR to OLC. 2. Second
Administrative Draft EIR. PBS&J will prepare the Second Administrative Draft EIR based on
the incorporation of comments received by the City of Chula Vista and OLC on the First
Administrative Draft EIR within the limits of a fifty four (54) hour professional staff time
budget. Notwithstanding the foregoing, PBS&J shall be responsible for making all revisions
reasonably requested by the City. The Parties agree that in the event additional hours are required
to complete said task to the reasonable satisfaction of the City the provisions of Section 3.2.2 of
this Agreement shall apply. It is assumed that all comments received on the First Administrative
Draft EIR would be collated by the City to include any comments received from OLC and
submitted to PBS&J in one document. PBS&J will submit to the City 20 copies of the Second
Administrative Draft ErR in three-ring binders, five (5) copies of only the appendix technical
reports that have changed as a result of comments on the First Administrative Draft EIR in three-
ring binders, and one (l) electronic version of the Draft EIR and all appendices in PDF and
editable format. PBS&J will submit five (5) copies of the Second Administrative Draft EIR to
OLC.
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3. Third Administrative Draft EIR. PBS&J will prepare the Third Administrative Draft EIR
based on the incorporation of comments received by OLC and the City of Chula Vista on the
Second Administrative Draft ErR within the limits of a forty (40) hour professional staff time
budget. Notwithstanding the foregoing, PBS&J shall be responsible for making all revisions
reasonably requested by the City. The Parties agree that in the event additional hours are required
to complete said task to the reasonable satisfaction of the City the provisions of Section 3.2.2 of
this Agreement shall apply. It is assumed that all comments received on the Second
Administrative Draft ErR would be collated by the City of Chula Vista and OLC for each of their
. comments respectively and submitted to PBS&J in no more than two documents. PBS&J will
submit to the City 10 copies of the Third Administrative Draft ErR in three-ring binders, five (5)
copies of only the appendix technical reports that have changed as a result of comments on the
Second Administrative Draft EIR in three-ring binders, and one (I) electronic version of the
Draft ErR and all appendices in PDF and editable format. PBS&J will submit five (5) copies of
the Third Administrative Draft EIR to OLC.
4. Fourth Administrative Draft ErR (proof draft prior to authorization to print public review
copies). PBS&J will prepare the Fourth Administrative Draft ErR based on the incorporation of
comments received by OLC and the City of Chula Vista on the Third Administrative Draft ErR.
within the limits of a thirty six (36) hour professional staff time budget. Notwithstanding the
foregoing, PBS&J shall be responsible for making all revisions reasonably requested by the City.
The Parties agree that in the event additional hours are required to complete said task to the
reasonable satisfaction of the City the provisions of Section 3.2.2 of this Agreement shall apply.
It is assumed that all comments received on the Second Administrative Draft EIR would be
collated by the City of Chula Vista and OLC for each of their comments respectively and
submitted to PBS&J in no more than two documents. PBS&J will submit to the City seven (7)
copies of the Fourth Draft EIR in three-ring binders, three (3) copies of all appendices for final
proofing prior to printing public review copies and one (I) electronic version of the DEIR and all
appendices in PDF and editable format. PBS&J will submit five (5) copies of the Fourth
Administrative Draft EIR to OLC.
5. Public Review Draft EIR. PBS&J will prepare the public review Draft EIR based on
comments received by the City of Chula Vista and OLC on the Fourth Administrative Draft EIR
within the limits of a twenty two (22) hour professional staff time budget. Notwithstanding the
foregoing, PBS&J shall be responsible for making all reasonable revisions requested by the City.
The Parties agree that in the event additional hours are required to complete said task to the
reasonable satisfaction of the City the provisions of Section 3.2.2 of this Agreement shall apply.
It is assumed that all comments received on the Fourth Administrative Draft EIR would be
collated by City of Chula Vista staff and OLC for each of their comments respectively and
submitted to PBS&J in two documents. PBS&J will submit to the City I5 copies of Draft EIR
comb bound, four (4) copies of Draft EIR in three-ring binders, 80 copies of the Executive
Summary combbound with a CD of the Draft ErR and all Appendices attached in a pouch or
sleeve in the back of the summary (includes 15 for the State Clearinghouse), two (2) copies of
the complete appendices in three-ring binders, and four (4) copies of the complete appendices
comb bound. PBS&J will submit five (5) copies of the public review Draft EIR to OLC.
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6. Notice of Completion, Notice of Availability, Distribution List. The Notice of
Completion, Notice of Availability, and Draft EIR public review distribution list will be prepared
by City of Chula Vista.
FINAL EIR
In accordance with 9 15132 of the CEQA Guidelines, the Final EIR will include the following
items:
. A list of persons, organizations, and public agencies commenting on the Draft
EIR
. The responses of the lead agency to significant points raised during public review
. Revisions or clarifications to the Draft EIR
. Any other information considered important by the Lead Agency.
In addition, the Final EIR will include the Mitigation Monitoring and Reporting Program.
PBS&J will also prepare the Findings and Statement of Overriding Considerations for the
project.
Responses to Comments (RTC) on the Draft EIR
I. PBS&J will prepare draft responses to written comment letters received during the public
review period within the limits of a seventy two (72) hour professional staff time budget.
Notwithstanding the foregoing PBS&J shall prepare the RTC to the reasonable satisfaction of the
City. The Parties agree that in the event additional hours are required to complete said task to the
reasonable satisfaction of the City the provisions of Section 3.2.2 of this Agreement shall apply.
If appropriate, responses will be grouped by comment topic. This will entail organizing the
comments, as well as assigning comments to the OLC project team for response if necessary.
The effort to respond to these comments is not expected to require substantial new analysis such
as the addition of an alternative or substantial revision to a section of the EIR. The draft RTC
will be submitted to OLC and City of Chula Vista staff electronically for their review.
2. PBS&J will prepare fmal responses to written comments based on comments received by
OLC and the City of Chula Vista on the draft RTC within the limits of a thirty two (32) hour
professional staff time budget. Notwithstanding the foregoing PBS&J shall make all revisions
reasonably requested by the City. The Parties agree that in the event additional hours are required
to complete said task to the reasonable satisfaction of the City the provisions of Section 3.2.2 of
this Agreement shall apply. It is assumed that all comments received on the draft RTC would be
collated by OLC and the City of Chula Vista and submitted to PBS&J in two documents. The
RTC will be presented in side-by-side format with a reduced version of the letter on the left side
of the page and the responses on the right side of the page. PBS&J will also prepare a list of
persons, organizations and agencies commenting on the Draft EIR, and a summary of any
Final PBS&J agt/Jan. 28,102-18-10
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changes made to the Draft EIR that were incorporated into the Final EIR, for inclusion in the
Final EIR.
Revisions or Clarifications to the Draft ErR
PBS&J will revise the text of the Draft EIR based on public review comments as appropriate to
respond to specific comments within the limits of an eighteen (18) hour professional staff time
budget. Notwithstanding the foregoing, PBS&J shall prepare the Draft EIR revisions to the
reasonable satisfaction of the City. The Parties agree that in the event additional hours are
required to complete said task to the reasonable satisfaction of the City the provisions of Section
3.2.2 of this Agreement shall apply. A summary of any changes or clarifications made to the
Draft EIR that were incorporated into the Final EIR will be submitted to OLC and the City of
ChuIa Vista for their review.
Findings/Statement of Overriding Considerations (SaC)
1. PBS&J will prepare the draft of the Findings/SaC based on the example provided by the
City of Chula Vista and the information presented in the EIR. The justification for the overrides
will be developed in consultation with OLC and the City of Chula Vista. PBS&J will submit the
draft Findings/SaC electronically to OLC and the City of Chula Vista for their review.
2. PBS&J will prepare the final Findings/SOC based on comments provided by OLC and
the City of Chula Vista within the limits of an eighteen (18) hour professional staff time budget.
Notwithstanding the foregoing, PBS&J shall prepare the final Findings/SOC to the reasonable
satisfaction of the City. The Parties agree that in the event additional hours are required to
complete said task to the reasonable satisfaction of the City the provisions of Section 3.2.2 of this
Agreement shall apply. PBS&J will submit to the City one (I) reproducible copy of the
Findings/Statement of Overriding Considerations and 15 stapled copies of the Final
Findings/Statement of Overriding Considerations. PBS&J will submit five (5) copies of the Final
Findings /Statement of Overriding Considerations to OLC.
Mitigation Monitoring and Reporting Program (MMRP)
PBS&J will prepare the draft MMRP as provided herein and will submit to the City one (1)
reproducible copy of the Final MMRP and 15 combbound copies of the Final MMRP. PBS&J
will submit five (5) copies of the Final MMRP to OLC.
Notice of Determination
The Notice of Determination will be prepared and filed by the City of Chula Vista.
FINAL ErR DELIVERABLES, PRINTING, AND DISTRIBUTION
1. Administrative Final ElR. PBS&J will submit to the City 15 copies of Administrative
Final EIR in three ring binders, 2 copies of Appendices if changed from the public review
version and one (I) electronic version of the Final EIR and Appendices in PDF and editable
format. PBS&J will submit five (5) copies to OLC
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2. Final EIR. PBS&J will submit to the City 20 copies of the Final EIR combbound, four
(4) copies of the Final EIR in three-ring binders, two (2) copies of all appendices in three-ring
binders, two (2) copies of the appendices comb bound, 25 copies of the Executive Summary
combbound with a CD of the Final EIR and all Appendices attached in a pouch or sleeve in the
back of the summary and one (I) reproducible master copy of the Final EIR and appendices not
three-hole punched. PBS&J will submit five (5) copies of the Final ErR to OLC.
Note: The Draft and Final ErR and appendices document production budget has been estimated
at $21,195. The exact cost for document printing may be greater or less than this amount,
depending on the length of the document, color graphics, oversize graphics, and the number of
copies requested by OLC or the City of ChuIa Vista. Therefore, should the printing budget need
revision, PBS&J will inform OLC prior to incurring additional charges.
Management. Ouality Control. and Meetings
MANAGEMENT AND QUALITY CONTROL
Kim Howlett will be the PBS&J Project Manager and will act as the principal point of contact
for OLC and the City of ChuIa Vista, and will be responsible for all aspects of EIR preparation,
including management oversight and quality control. Joanne Dramko will be the Assistant
Project Manager with responsibility for day-to-day activities associated with preparing and
processing the EIR and related documents. Mr. Howlett, with Ms. Dramko's assistance will
organize t.~e proj ect in terms of technical scope of work, budget, scheduling, and resource
allocation; oversee its implementation;. organize and oversee report preparation; and participate
in client, and public meetings. The Project Manager will be responsible for completing the
project on time and within the contracted budget, while ensuring that the product meets the City
of Chula Vista's expectations. The Project Manager will track the budget, schedule and scope of
work to ensure efficient use of resources. The Project Manager will:
1. Organize the variousproj ect tasks to ensure the fulfillment of contractual
objectives;
2. Monitor the progress of the document preparation by the project team on a regular
basis;
3. Identify and solve technical, scheduling or budgetary problems;
4. Interact with OLC, Chula Vista and public agencies;
5. Coordinate and approve outgoing project correspondence;
6. Keep the parties informed of significant project developments;
7. Oversee the organization, preparation and publication of reports in draft and final
form; and
8. Monitor and evaluate the performance of project personnel.
Final PBS&J agt/Jan. 28, 102-18~10
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QUALITY CONTROL
Quality products associated with the project EIR will be achieved through a quality control
program that includes technical study and document reviews - continuously throughout
document preparation, and at key milestones in the. document preparation. Throughout the
preparation of the EIR, quality control will be achieved by various management techniques
implemented by the Project Manager or Assistant Project Manager. These techniques include a
review of draft materials before production and frequent discussions with the task managers to
assess the status of the project and maintain direct control over work priorities. Suggested
revisions will be implemented to ensure the documents are legally defensible and CEQA
compliant.
BUDGET CONTROL
The Project Manager will be responsible for timely completion of the contract work within the
confines of the assigned budget. Standard company fiscal controls a.IId regular computerized
fiscal reporting are designed to maximize the efficiency and accuracy of project budget
management. The Project Manager has access to summaries by job and task, including
information on the individuals who have charged to a task, the number of hours they have
charged, the total dollar value of the labor charged against the task, non-labor charges, and the
estimated remaining budget. Monthly summaries, which provide labor and non-labor charges by
proj ect and task for each billing period, are the basis for preparing monthly invoices. In the
event, the Consultant has reason to believe that the tasks set forth in this Scope of Work carmot
be performed within the time frames that are budgeted for said work, the Project manager shall
immediately notify the City and OLC.
SCHEDULE CONTROL
PBS&J recognizes that the Land Offer Agreement between OLC and the City of Chula Vista
requires that the EIR process be concluded within 24 months of project application submittal and
acceptance. PBS&J agrees to complete the EIR for Parcel C for potential certification by the
City within a time frame that achieves a public hearing date for the Parcel C Project of no later
than August 28, 2011. PBS&J shall provide the City within two (2) weeks of the Effective Date
of this Agreement with a detailed project schedule that identifies each technical study and its
relationship with EIR preparation, OLC and Chula Vista document review periods, mandatory
public review periods and the relationship between the Parcel B and Parcel C EIRs. .
The Project Manager is responsible for assuring overall adherence to the project schedule. To
accomplish this, internal milestones and deadlines for deliverables will be established with
emphasis on maintaining the integrity of the critical path for achieving the specified project
completion date. Technical study managers on the OLC team will be involved in this process
and will have responsibility for meeting specific milestones. Where possible, milestones will be
established such that minor changes will not impact the overall project schedule.
On a regular basis, the Project Manager will compare actual progress and milestone achievement
to the project schedule. Significant deviations or problems in meeting the schedule will be
identified and any necessary corrections or modifications will be made. All actual or potential
Final PBS&J agtJJan. 28, 102-18-10
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conflicts with other project requirements will be resolved through discussions with the
professional staff. The regular review of work completed versus schedule milestones will
facilitate schedule management.
PROJECT COMMUNICATIONS AND REPORTING
Experience has shown that correspondence control is an essential part of any project. PBS&J
provides complete documentation of project transactions through the use of letters, memoranda,
records of telephone conversations and meetings, and transmittal and fax cover sheets. Written
documentation allows for quality assurance through proper dissemination of information and
provides a complete record that can be referenced as needed in the future.
PBS&J will use various communications/correspondence tools to ensure that complete
documentation of project-related information is maintained. Forms to record telephone
conversations and meeting notes will be used by all members of the project team. The Project
Manager will take notes during key meetings and will distribute action items bye-mail. Copies
of completed forms will be transmitted to central project files and to any team members directly
affected by the information discussed in the telephone or meeting conversations.
Transmittal letters will be used to document all transfers of written information, and will include,
at a minimum, the date, parties involved in the transfer, subject of the material transferred, and a
listing of transferred materials. As with all project correspondence, transmittal letters will be
copied to the central files.
Memoranda will be used by project team members to document information including, but not
limited to, coordination ofteam efforts, scheduling, personnel assignments, preliminary findings,
etc. Memoranda will be copied and retained in the central files. Memoranda documenting
critical project decisions and information of interest will be included with progress reports,
which will be included with monthly invoices.
E-mail will be used to notify team members of various activities and milestones, to expedite
information and technology transfer between OLC, City of Chula Vista staff, the project
consultant team and PBS&J, and to maintain frequent communication and correspondence.
MEETINGS, TELECONFERENCES, AND HEARINGS
The meeting budget was developed in consultation with City of Chula Vista staff, who indicated
that on average we would be requested two meetings with the City per month. Given an 18
month schedule this would result in 36 meetings. We therefore have divided the meeting budget
evenly between the scope of work for the Parcel B Project EIR and the Parcel C Project EIR.
Each meeting will be used to discuss both Parcel B and Parcel C.
The PBS&J Project Manager, Mr. Howlett and the Assistant Project Manager, Joanne Drarnko,
will attend up to a total of eighteen (18) meetings with the City of Chula Vista staff, which will
include OLC, for the Parcel C Project ErR to facilitate the exchange of information and enhance
coordination among team members.
FinaJ PBS&J agt/Jan. 28, 102-18-10
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The PBS&J Project Manager and Assistant Project Manager will participate in up to ten (10)
one-hour teleconferences with the City of Chula Vista staff which will include OLC to discuss
project issues, schedule, and progress during the course of the EIR process.
The PBS&J Project Manager will prepare for and attend up to three (3) public hearings (not
including the Scoping Meeting, which is included earlier in this proposal) to answer questions
regarding the infonnation presented in the EIR. This does not include the preparation of a
presentation, which would be undertaken by City of Chula Vista staff.
The Parties understand and agree that more meetings and teleconference hours may be required
by the City and that PBS&J will attend and participate in said additional teleconferences and
meetings as reasonably needed by the City to complete the EIR. The Parties agree that in the
event more such meetings or teleconferences are reasonably required by the City the provisions
of Section 3.2.2 of this Agreement shall apply.
Contract Administrators.
City:
Scott Donaghe
Principal Planner
Public Services Building 300
276 Fourth Avenue
Chula Vista, CA 920 I 0
Tel: (619) 409-5864
Applicant:
Otay Land Company LLC
1903 Wright Place, Suite 220
Carlsbad, CA 92008
(760) 918-8200
Consultant:
PBS&J
Attn: Mr. Kim B. Howlett
9275 SkyPark Court, #200
San Diego, CA 92123
Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest Code:
(X) Not Applicable. Not an FPPC Filer.
( X) Not Applicable. Not an FPPC Filer.
( ) Category No.1. Investments and sources of income.
Final PBS&J agtlJan. 28, 102-18.10
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( ) 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.
( ) 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.
Insurance Requirements:
(x) Commercial General Liability: $1,000,000.
(x) Automobile Liability: $1,000,000.
(x) Worker's Compensation: Statutory
(x) Employer's Liability: $1,000,000.
(x) Errors and Omissions Liability: $2,000,000.
Final PBS&J agtfJan. 28, l02~18-10
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EXHIBIT B
Additional Recitals
2.7 Pursuant to the tenns of the City's Environmental Review Procedures (Section
3.6) and Municipal Code Section 2.56.110(E), the Environmental Review Coordinator (ERe)
has prepared a list of consultants qualified to prepare environmental impact reports for the City
and the Consultant is among those consultants that have been prequalified by the ERC. The
Applicant has reviewed the list of qualified consultants and detennined that the Consultant is
acceptable to the Project. The ERC has selected the Consultant from that list in accordance with
the process set forth in the Environmental Review Procedures. .
2.11 The Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of City within the
timeframes herein provided all in accordance with the tenns and conditions of this Agreement,
and that time is of the essence; and
2.12. The ERC and the Applicant has jointly prepared, this agreement with the
Consultant, in accordance with the Environmental Review Procedures set forth in the
Environmental Review Procedures and in Section 2'.56 of the Chula Vista Municipal Code;
2.13. The Applicant shall pay Consultant directly for the consulting services necessary
for the preparation of the environmental documents;
2.14. The proposed contract with PBS&J to provide consultant services would be in an
amount not to exceed $the sums set forth in Exhibit C.
(End of Recitals)
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EXIllBIT C
Compensation Schedule: Terms and Conditions.
Cost
OTAY LAND COMPANY PARCEL B PROJECT EIR
Notice of Preparation
Prepare and Revise N~P........... ....... ...... ........... ........... ....... .... .... ...... .... ....$1 ,635
Nap Comment Matrix .... .... ... ... ..... .... ............ ...... ......... ..... ..... ............. ... .....$950
Scoping Meeting
Attend scoping meeting .... .... ..... ... ......... .... ........ ..... ..... ... ..... .............. ... ..... ..$800
Draft EIR
First Administrative Draft EIR ...............................................................$67,210
Second Administrative Draft ErR...........................................................$11,420
Third Administrative Draft EIR. ... .... ......... ... ..... ............. ....... ..... .......... ..$13 ,620
Fourth Administrative Draft ErR.......... .......... ........ ........ .... ........ ...... ....... .$9 ,670
Mitigation Monitoring and Reporting Program........................................$1,890
Prepare Draft ErR ...... .... ........ ........ .... ... ... ...... ............. ...... ......... ........ .... ...$9,320
Final EIR
Responses to Comments .........................................................................$17, I 00
Findings/Statement of Overriding Considerations .... .... .... ..... '" ......... ....$1 0,860
Prepare Final ErR.. ..... ...... ...... ..... ... ... ........ ..... ........ ....... ................ ............$5 ,280
Project Management
Meetings.................................................................................................. $13 ,920
Hearings................................................................................................... .$6 ,480
Teleconferences........................................................................................ $5,640
Technical specialists coordination .... ...... ... .... .... .......... .... ...... ..... ... ... .... ....$7,070
Coordination, client & city staff .............................................................$11,080
TOTAL LABOR COST....................................................................................$193,945
In addition to the labor cost of$193,945, the preparation of the EIR will involve various
reimbursable expenses such as document printing, delivery service and mileage. An
estimate of these expenses is provided below.
Expenses
Printing... ...... ... .......... .... .......... ............... ..... .............. ................ ... ......... ..$21,195
Miscellaneous (delivery service, mileage, etc.) ........................................$2,000
TOTAL ESTIMATED EXPENSE COST $23,195
Note: The Draft and Final EIR and appendices document production budget has been estimated
at $21,195. The exact cost for document printing may be greater or less than this amount,
depending on the length of the document, color graphics, oversize graphics, and the number of
copies requested by OLC or the City of Chula Vista. Therefore, should the printing budget need
revision, PBS&J will inform OLC prior to incurring additional charges.
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Cost
OTAY LAND COMPANY PARCEL C PROJECT EIR
Notice of Preparation
Prepare and Revise NOP ...........................................................................$1,295
NOP Comment Matrix.. .... .... ........ ..... ....... .... .... ...... ...... ... ... ..... ....... .... .... .... .$950
Scoping Meeting
Attend scoping meeting .... ....... .... ...... .... .... .... .......... ......... ............ ... .... .... ....$800
Draft EIR
First Administrative Draft EIR ...............................................................$58,040
Second Administrative Draft ErR...... ... ..... ... ..... ...... ... ... ... ............ ... ....... ..$9,320
Third Administrative Draft EIR. .... ... ........ ... ..... ...... ......... ... .... ........... ... ....$9,340
Fourth Administrative Draft EIR.. ...... ... ......... ...... ....... ...... ..... ....... ....... ... .$8,990
Mitigation Monitoring and Reporting Program........................................$1,890
Prepare Draft EIR ......... .... .......... ....... ....... ... ..... ..... ....... ..... ..... .... .......... ....$9,320
Final EIR
Responses to Comments .... .......... .............. .... ..... ...... ... .......... .... .......... ...$16,040
Findings/Statement of Overriding Considerations .................................$10,220
Prepare Final ErR......... .... ............. ............... ..... .............. ... ..... .... ....... ...... .$5 ,280
Project Management
Meetings......... ............ ... ..... ... ..... .... ... .... .... ..... .... ..... .... ... ... ........... ... .... ....$13,920
Hearings................................................................................................... .$6,480
Teleconferences ........................................................................................ $3,380
Technical specialists coordination..... ... ......... ..... ..... ... ... .......... ....... .... .... ..$4,600
Coordination, client & city staff ...............................................................$6,280
TOTAL LABOR COST ..... .......... .... .................. .... ..... .......... ... .............. ...... .... .$166, 145
In addition to the labor cost of$166,145, the preparation of the ErR will involve various
reimbursable expenses such as document printing, delivery service and mileage. An
estimate of these expenses is provided below.
Expenses
Printing.. ......... .......... ... ...... ......... .... ... ....... .... ..... ...... ...... .... ...... .... ....... .....$21,195
Miscellaneous (delivery service, mileage)....... ............ ... ... .... .... .... ..... .... ..$2,000
TOTAL ESTIMATED EXPENSE COST ..............................................$23,195
Note: The Draft and Final ErR and appendices document production budget has been estimated
at $21,195. The exact cost for document printing may be greater or less than this amount,
depending on the length of the document, color graphics, oversize graphics, and the number of
copies requested by OLC or the City of Chula Vista. Therefore, should the printing budget need
revision, PBS&J will inform OLC prior to incurring additional charges.
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PBS&J
California Science and Planning
2010
HOURLY BILLING RATES AND JOB CLASSIFICATIONS
Sr Division Manager/ Principal Technical Professional
$190-$300/hour
Sr Group ManagerlProject Director/ Sr Planner IV/ Sr Scientist IV/
Sr Engineer IV
$175-$300/hour
Group Manager/ Sr Project Manager IIV Project Director/
Sr Planner III/ Sr Scientist III/Sr Engineer III
$140-$200/hour
Project Manager/ Sr Planner III Sr Scientist IIISr Engineer III
Sr GIS Analyst II
$120-$170/hour
Associate Project Manager /Sr Planner VSr Scientist V
Sr Engineer VSr GIS Analyst I
$95-$135/hour
Planner 1/ Scientist VEngineer I
$85-$ 1 20/hour
$65-$lOO/hour
Planner III Scientist IIlEngineer II
Senior Administrator $90-$130/hour
Senior Word ProcessorlRegional Graphics Specialist
$75-$110/hour
Word Processor
$65-$ 1 05/hour
$55-$90/hour
Administrative/Field Technician II
Planner Intern/Scientist Intern
$45-$75/hour
Mileage
$.505/mile
In addition, identifiable, non-salary costs that are directly attributable to the project (i.e., travel, meals,
lodging, auto rentals, printing and copies, graphic materials, phone charges, equipment and specialized computer
charges, etc.) and subcontractor fees include a 15% administration charge to cover overhead and administration.
1. This schedule is effective until January I, 2011 and is subject to annual and/or periodic revisions
thereafter, as necessary to accommodate inflationary trends, salary adjustments, and the general costs of business.
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2. Invoices will be submitted by Consultant monthly. Client will notify Consultant, in writing, of any
objections to an invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall be deemed
acceptable by the Client. Amounts indicated on invoices are due and payable immediately upon receipt.
3. A late payment finance charge at a rate of 18% per annum (or the maxlinum amount allowed per
law if lower) will be applied to any unpaid balance commencing 30 days after the date of the original invoice.
4. Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour
minimum per day.
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1. TERMS OF PAYMENT
1.1 Consultant shall prepare and present to Owner for approval, an invoice for all
services perfonned hereunder by Consultant during the preceding month, and any and all other
materials reasonably requested by Owner. Each such invoice shall give such detailed accounting
for each task and must reference the Contract number. Included with the monthly invoice shall
be a project status report which includes the purchase order and describes the work accomplished
by task. Owner may also require actual hours worked by each individual during the month
covered by such invoice, his or her title, his or her hourly rate, and a general description of the
work perfonned by Consultant for the invoice period and shall show the approximate percentage
of completion of each task. No such invoice for less than Two Hundred Dollars ($200) shall be
submitted by Consultant to Owner for payment hereunder except for the final invoice presented
by Consultant hereunder. Reimbursable expenses shall be supported by invoices indicating
evidence of incurrence of such expenses by Consultant. Payment of each invoice presented to
Owner as herein above provided shall be based upon time spent in the perfonnance of such
service and materials furnished during the month covered by that invoice and shall be made
within thirty-five (35) days after submittal of the invoice to Owner provided such invoice is
approved by Owner. All invoices shall be addressed as follows:
Otay Land Company, LLC
1903 Wright PI., Suite 220
Carlsbad, CA. 92008
Attn.: Accounts Payable
1.2 If Owner does not approve an invoice presented to it by Consultant as provided
above, Owner shall notify Consultant in writing within twenty (20) days after its receipt of such
invoice of the particular item or items which Owner does not approve. If Owner does notify
Consultant within said twenty (20) day period of its disapproval of any item or items contained
in an invoice, Owner may withhold the disputed amount of such invoice until any disagreement
between Owner and Consultant with respect to the disapproved item or items has been resolved,
which shall be resolved within thirty (30) days of the identified dispute.
2. CONSULTANT'S ACCOUNTING RECORDS
Consultants shall keep such full and detailed accounts and records as may be necessary
for proper financial management under this Agreement. Owner shall be afforded access to and
the right to copy and audit all of Consultant's records relating to amounts billed by Consultant to
Owner above or any other provision of this Agreement, and Consultant shall preserve all such
records for a period of four (4) years, or for such longer period as may be required by law, after
final payment hereunder. If Owner should have an audit made for any period and it is
detennined, as a result of such audit, that the amount payable by Owner to Consultant pursuant
to any invoice presented by Consultant to Owner above was overstated, Consultant shall pay
immediately to Owner the amount of any overpayment made by Owner on account of such
invoice together with interest thereon from the date or dates of payment until so repaid at a rate
equal to the Reference Rate (as hereinafter defined) plus two (2) percentage points per annum,
but not to exceed the maximum rate permitted by law and, if such amount is found to have been
overstated by more than one percent (I %), Consultant shall also pay immediately to Owner the
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cost of such audit; otherwise, the cost of such audit shall be paid by Owner. For the purposes of
this Agreement for computation of the interest rate set forth herein, "Reference Rate" at any time
shall mean the rate of interest then most recently announced by Bank of America National Trust
& Savings Association at San Francisco, California, as its Referenced Rate. Any change in the
rate of interest provided for in the preceding sentence resulting from a change in the Reference
Rate shall becomes effective and, if Bank of America National Trust & Savings Association
shall cease to announce a Reference Rate then, for the purposes of this Agreement, the Reference
Rate shall be deemed to be the average reference rate of the three (3) largest (measured by total
assets) banking institutions in the continental United States then announcing such a Reference
Rate.
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