HomeMy WebLinkAbout2010/05/04 Item 6
CITY COUNCIL
AGENDA STATEMENT
~(ft.. CITY OF
f (HULA VISTA
SUBMITTED BY:
Item No.: 0
Meeting Date: 0::;/04/10
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,
KLR PLANNING (CONSULTANT), AND OTAY VALLEY
QUARRY, LLC (APPLICANT), FOR CONSULTING
SERVICES RELATED TO THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT (EIR) FOR A MINING
RECLAMATION PLAN.
DEPUTY CITY MANAGE~TOR
SERVICES
CITY ATTORNE~~
CITY MANAGERr
4/5 TH VOTE REQUIRED
OF DEVELOPMENT
ITEM TITLE:
REVIEWED BY:
YES NO X
SUMMARY
The applicant has filed a reclamation plan application for expanded mining activity into a vested
mining rights area at the existing Otay Valley Quarry located at the eastern terminus of Main Street.
The Development Services Director has determined that the proposed project requires the
preparation of an Environmental Impact Report (EIR). The item before the City Council is a request
for the City Council to approve the proposed contract with KLR Planning for an amount not to
exceed $90,451 to provide consultant services for the preparation of the CEQA required
environmental documents for the proposed project and an additional $22,612.75 for additional
services should they be necessary.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed contract approval for compliance
with the California Environmental Quality Act (CEQA) and has determined that the activity is
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Page 2, Item No.: (p
Meeting Date: 0<;104/10
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 subject to
CEQA. Thus, no environmental review of contract approval is necessary.
RECOMMENDATION:
That the City Council adopt the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
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The Otay Valley Quarry is located at the eastern terminus of Main Street and has been in
continuous operation since the early 1900's. The site was formerly located within the jurisdiction
of the County of San Diego and was annexed into the City of Chula Vista in 1997. The Chula
Vista City Council affirmed the vested right to mine the site in December of2008.
Consistent with state mining law a reclamation plan was approved for the site by the County of
San Diego in 1979. An amended reclamation plan was approved for the site by the State Mining
and Geology Board in 2006. The quarry operator has submitted a new reclamation plan to
address required mine reclamation activities in the vested mining rights area located to the north
of the existing quarry operation.
Pursuant to the California Environmental Quality Act (CEQA), the Development Services
Director has determined that the proposed project requires the preparation of an Environmental
Impact Report (ErR). Development Services Department staff does not have the available time
nor expertise to prepare the needed EIR. Therefore, the applicant is proposing that the applicant
enter into a three-party agreement for the preparation of the CEQA documentation.
romm1t:mt Sf'rvlC:~~ Selection Procf's.s.
KLR Planning has acquired an in-depth knowledge of mining reclamation plans and associated
environmental permitting through their extensive similar work throughout the San Diego region.
KLR Planning is currently providing staff with expert third party review of the draft Otay Valley
Quarry reclamation plan under a two-party agreement with the City for approximately $10,000.
KLR Planning's comprehensive familiarity with the Otay Valley Quarry site coupled with their
extensive mining/environmental knowledge makes them uniquely qualified to serve as the
Consultant for this project. Pursuant to Chula Vista Municipal Code Section 2.56.070. 4. staff is
recommending that the Council waive the formal bidding process and hire KLR Planning as a sole
source.
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Page 3, Item No.: "
Meeting Date: 05/04/10
Smp" nfWork
KLR Planning will function as the Environmental Consultant to the City of Chula Vista under a
three-party agreement with the Applicant and under the supervision of the City's Environmental
Review Coordinator. The responsibilities of the Environmental Consultant will include the
following:
. Review of the available Project information;
. Preparation of Screen check, draft and final ErRs;
. 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 is $90,451 with an additional 25%
contingency ($22,612.75) for additional services to cover unforeseen issues that may arise during
preparation of the EIR and if determined to be necessary by the City's Development Services
Director. The project applicant will pay all consultant costs, as well as reimburse any City staff
time associated with preparation of the EIR.
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 applicants will fully compensate the
consultant. The contract amount for consulting services is $90,451. The contract allows the
Contract Administrator to negotiate additional fees, which will be paid by the applicant, not to
exceed 25% of the total contract amount ($22,612.75) to cover unforeseen issues that may be
identified during the preparation of the EIR.
ON-GOING FISCAL IMPACT
Approval of the three-party agreement will not result in on-going fiscal impacts since the contract
will terminate once all required work is completed by the consultant.
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Page 4, Item No.: (,
Meeting Date: 0";104/10
Attachments:
1. Project Boundary Map
2. Three Party Agreement
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Attachment 1
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, KLR
PLANNING (CONSULTANT), AND OTAY VALLEY
QUARRY, LLC (APPLICANT), FOR CONSULTING
SERVICES RELATED TO THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT (EIR) FOR A MINING
RECLAMATION PLAN
WHEREAS, the Applicant has deposited an initial sum for the consulting services
necessary for the preparation ofthe Environmental Impact Report for the Otay Valley Quarry
Reclamation Plan; and
WHEREAS, it was determined by the Development Services Director that staff has neither
the available time nor expertise to perform the subject work; and
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the Development
Services Director has determined that the proposed project requires the preparation of an EIR; and
WHEREAS, KLR Planning has acquired an in-depth knowledge of mining and reclamation
plans through their extensive work on similar projects throughout the San Diego region; and
WHEREAS, KLR Planning's comprehensive familiarity with the Otay Valley Quarry
Reclamation Plan, coupled with the knowledge gained through extensive work on reclamation
plans/EIRs throughout the San Diego region, makes them uniquely qualified to serve as the
Consultant for this project; and
WHEREAS, the City Council finds that the City's competitive bidding requirements as
applied to this contract would be impractical for the reasons stated herein and hereby waives the
competitive bidding process; and
WHEREAS, the Consultant warrants and represents that it is experienced and staffed in a
manner such it can prepare and deliver the services required of Consultant to City within the
timeframes terms and conditions of the proposed three-party agreement between the City, the
Applicant and the Consultant (the "Agreement"); and
WHEREAS, the Development Services Director has negotiated the details of this
Agreement in accordance with applicable procedures set forth in Section 6.5.2 of the Environmental
Review Procedures.
6-6
Resolution No. 2010-
Page 2
NOW THERERFORE BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby approve a Three-Party Agreement between the City of Chula Vista, KLR Planning
Consultant, and Otay Valley Quarry LLC, for consulting services related to the preparation of an
Environmental Impact Report (EIR) for the Mining Reclamation Plan.
Presented By:
Approved as to form by:
Gary Halbert, AICP, PE
Deputy City Manager!
Director of Development Services
6-7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
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0' Bart C. Mles d \i
. /\ City Attorney
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Dated:
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THREE PARTY AGREEMENT
BETWEEN CITY OF CHULA VISTA,
KLR PLANNING, CONSLUTANT, AND
OT A Y V ALLEY QUARRY, LLC, APPLICANT
FORCONSUL TING WORK TO RENDERED
WITH REGARD TO APPLICANT'S PROJECT
6-8
Three Party Agreement
Between
City of Chula Vista,
KLR Planning, Consultant, and
Otay Valley Quarry, LLC, Applicant
. For Consulting Work to be Rendered
with regard to Applicant's Project
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant", KLR Planning whose business form and address is
indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as
"Applicant", Otay Quarry, LLC whose business form and address is indicated on the attached Exhibit
A, and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph I, 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,
Paragraph 2, 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, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, work of the general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or 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 solely to, and under the direction of, the City.
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Standard Form Three Party Agreement
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2.6. 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 BY AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Emplovment of Consultant bv 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 primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonable necessary to accomplish said General Services and Detailed Scope of Work, 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, Paragraph 6, and if none are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence in
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed 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 Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
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Standard Form Three Party Agreeme~t
Page 2
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checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or
in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shall not make any payments of
compensation or otherwise directly to the Consultant.
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.
3.2.1.1. In the event that the City shall determine that additional work is required to
be performed above and beyond the scope of work herein provided, City will consult with Applicant
regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for
said Additional Services, the City may, at its option, suspend any further processing of Applicant's
Application until the Applicant shall deposit the City's estimate of the costs of the additional work
which the City determines is or may be required. Applicant shall pay any and all additional costs for
the additional work.
3.2.2. 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, City and
Consultant 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 City by the amount of time and materials budgeted by Consultant
for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
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3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
3.3 .1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use ofthe Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specifY, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order to secure the duty of Applicant
to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold
processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant.
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, Paragraph 10.
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4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, 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 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,
Paragraph 10, 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. Policy 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.
4.2.3 Security for Performance - Performance Bond. In the event that the need for a
Consultant to provide a Performance Bond arises, then Consultant shall provide to the City a
performance bond in the form prescribed by the City and by such sureties which are authorized to
transact such business in the State of California, listed as approved by the United States Department
of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is
sufficient to issue bonds in the amount required by the agreement, and which also satisfY the
requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of
such agent's authority to act. Surety companies must be duly licensed or authorized in the
jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be
satisfactory to the Risk Manager or City Attorney which amount shall be indicated in an attachment
as "Performance Bond" Exhibit.
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.
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4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, 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, Paragraph 7.
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, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnifY,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts ofInterest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, 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 Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
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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 Advise 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.
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 ofthe 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 Applicant or by any other party as a result of Consultant's performance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term of this Agreement, or for 12 months thereafter.
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Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term 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 terminated by the CITY 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. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. City's Right to Terminate Agreement for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this agreement, the CITY shall
have the absolute right at any time to terminate this agreement or any work to be performed pursuant
to this agreement.
9.2. In the event of termination of this agreement by the CITY in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, 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, the
Consultant shall deliver to the City, 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 City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
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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.
II. Hold Harmless and Indemnification
11.1. Consultant to Indemnify City and Applicant re Injuries.
Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection
with the execution ofthe work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant,
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees or Applicant in defending against such claims,
whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon
written request by the City or Applicant, defend any such suit or action brought against the City, its
officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall
not be limited by any prior or subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re 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 ITom 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.
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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.
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 of Chula Vista.
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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. Severability.
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.
13.10. 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.
13.12. Remedies.
The rights ofthe 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 performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
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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.
14. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express wTitten consent of City. City shall have umestricted authority to
publish, disclose (except as may be limited by the provisions ofthe Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced under this Agreement.
(End of Page. Next Page is Signature Page.)
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Signature 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: KLR Planning
By: g~p~h-
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Applicant:
Signature Page
(2 of 2)
Otay Valley Quarry, LLC
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Exhibit A
Reference Date of Agreement: May 4, 2010
Effective Date of Agreement: Date of City Council Approval of Agreement
City: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: KLR Planning
Business Form of Consultant:
(X) Sole Proprietorship
( ) Partnership
o Corporation
Address:
P.O. Box 882676 San Diego, CA 92168-2676
Applicant: Otay Valley Quarry, LLC
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: 6591 Collins Drive, Suite E-ll, Moorpark, CA 03-21
1. Property (Commonly known address or General Description):
The project property is commonly known the Otay Valley Quarry and is located at the eastern
terminus of Main Street, Chula Vista - Assessor Parcel Numbers 644-060-6,16,18.
2. Project Description ("Project"):
The project consists of a project level Environmental Impact Report (ErR) analyzing a new
reclamation plan allowing an existing surface mining operation to be expanded into a vested mining
rights area as shown on Attachment "A".
3. Entitlements applied for: Reclamation Plan and grading plan.
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1. General Nature of Consulting Services ("Services--General"):
Consultant shall prepare a project level EIR for the Otay Valley Quarry Reclamation Plan in
accordance with the City of Chula Vista Environmental Review Procedures; with the criteria,
standards and procedures ofthe California Environmental Quality Act (CEQA) of 1970, as amended,
(Public Resources Code Sections 21000 et seq.) and the CEQA Guidelines (Public Resources Code
Section 15000 et seq.); and with other applicable regulations, requirements and procedures of any
other responsible public agency or any agency with j urisdiction by law. If there are conflicts between
the City ofChula Vista's requirements and those of any other agency, the City ofChula Vista's shall
prevail when the City is the Lead Agency. All work performed by Consultant shall be to the
satisfaction of City's Environmental Review Coordinator.
2. Detailed Scope of Work ("Detailed Services"):
KLR Planning shall prepare a Project level EIR for the Otay Valley Reclamation Plan. KLR
Planning shall consult with all trustee and responsible agencies, agencies having jurisdiction by law
and any other person or organization having control over or interest in the Development as necessary
to ensure that the EIR is current and complete as to issues raised by such agencies. The Draft and
Final EIR shall be prepared in such a manner that they will be meaningful and useful to decision-
makers and to the public. Technical data is to be summarized in the body ofthe report and placed in
an appendix. All documents shall be prepared in Microsoft Word.
KLR Planning shall compile supporting documents into separate volume( s) to be referred to as the
Appendices to the EIR. The Appendices shall include the Notice of Preparation (Nap), responses to
the Nap and any technical reports and relevant technical information generated for the EIR.
The Detailed Services to be provided are described below:
Proiect Start-DD and Initiation
The consultant shall prepare a memorandum identifying outstanding information required to
complete the project description for the ElR. Upon receipt of the requested information, the
consultant shall prepare a draft project description and submit it to the City for review.
In addition, the consultant will develop baseline data for use in the environmental analysis. This will
include collection and review of relevant planning documents and environmental studies and
regulations, including but not limited to, the updated City's General Plan and EIR, and applicant-
prepared support documents and technical studies. In assembling baseline information for the EIR,
the Consultant will maximize use of existing data. As part of this task, the Consultant will conduct
general surveys of the site and vicinity to document existing conditions through notation,
photography, and mapping.
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Initial Study and Notice of Preparation
The Notice of Preparation will be prepared by others.
Draft EIR Preparation
The Consultant shall prepare the first screencheck Draft EIR for review by the City of Chula Vista.
In general, the Draft EIR and associated technical studies shall assemble all available data, originate
new studies and provide an assessment of the probable short- and long-term cumulative impacts of
the project. In addition, the Draft EIR shall provide an evaluation of all feasible mitigation measures,
which could be carried out to reduce or eliminate adverse impacts of the proposed project. The Draft
EIR, where appropriate and as directed by City staff, shall also analyze all feasible alternatives to the
project as proposed.
The Consultant shall prepare the EIR in the following format:
Table of Contents
Executive Summary. This section provides an overview of the proposed project, and the key
conclusions set forth in the EIR regarding environmental impacts and mitigation measures. It
will summarize the background and need for the project, required discretionary actions, any
known areas of controversy, and the objectives and basic characteristics of the project. The
Executive Summary will identify and briefly discuss the environmental impacts associated with
implementation of the project (whether beneficial or adverse, significant or less than significant),
and will contain a summary analysis of alternatives to the project. The Executive Summary will
also include a table identifying all of the issues evaluated, their impacts, corresponding
mitigation measures, and the level of impact significance after mitigation.
Introduction. This Section describes the purpose, scope and legislative authority of the EIR, the
intent of CEQA and other pertinent environmental rules and regulations, and the environmental
review process. The section will also include the structure, required contents and relationship of
the EIR to other potential responsible or trustee agencies. The ErR's relationship to previously
prepared documents, including the 1993 Program EIR for the Otay Ranch General Plan
Amendment (GPA)/General Development Plan (GDP)/Subregional Plan (SRP) and the 2005
Master Program EIR for the Chula Vista General Plan,Otay Ranch General Development Plan,
and other relevant amendments to City documents will be described. This discussion will
include specifics regarding how the EIR will utilize "tiering," as provided for in CEQA
Guidelines 15152.
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Environmental Setting. This section will provide an overview of the environmental setting for
the project, including a description of physical conditions and natural resources in the project
vicinity and from a regional perspective. This section will also define the related projects and/or
growth factor assumptions used as the basis for the cumulative impact analyses.
Proiect Description. The scope of work for this section of the EIR will include the
following:
. Location and Boundaries: This subsection shall provide a description of the size,
boundaries, and location of the project at the local and regional level. Supporting
graphics will be provided.
. Statement of Objectives: This subsection shall define the objectives and underlying
purpose of the project. It is assumed that these objectives will be developed jointly
between the applicant and the City and will most likely reflect planning, environmental,
and economic goals. The Statement of Project Objectives, in conjunction with an
identification of the Project's significant impacts, will provide the basis for selecting a
reasonable range of project alternatives to be evaluated within the EIR.
. Project Characteristics: This subsection shall provide an overview of the project and
describe its specific attributes. Project characteristics will be described based on the draft
Otay Valley Quarry Reclamation Plan. This section will also state the timeframe for
project construction and phasing, required discretionary actions and approvals, agencies
expected to use the EIR, and any federal, state or local environmental review and
consultation requirements related to the CEQA process.
Environmental Impact Analvsis. For each issue identified in the NOP, this section will provide
an analysis based on the following structure: Existing Environmental Setting, Thresholds of
Significance, Impacts, Level of Significance Prior to Mitigation, Mitigation Measures, and
Level of Significance after Mitigation. The assessment of environmental impacts will be
consistent with CEQA and the CEQA Guidelines (Section 15126). The following is an overview
of the technical approach proposed to address each environmental topic in the EIR:
Land Use, Planning and Zoning: The land use analysis will describe existing land uses
and infrastructure within and adjacent to the Otay Valley Quarry, and existing plans and
policies that apply to the Quarry Area and adjacent areas. Proposed changes to land use
and plans will be described, and analysis will be conducted of consistency with
plans/policies, and the compatibility (use type and intensity) between the Quarry Use and
these uses and adjacent existing and planned development. Both plan-to-plan and plan-
to-ground analyses will be conducted. The Consultant shall:
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.
Describe and map existing land use and applicable plans and zoning for the site and
surrounding areas; and
Summarize applicable local, regional, state and federal plans, policies, regulations
and guidelines; and
Discuss land use compatibility associated with past and present site activities and
adjacent uses; and
Define Thresholds of Significance for land use impacts; and
Describe proposed plans and discretionary actions being sought, including but not
limited to approval of the Reclamation Plan and accompanying plans and documents;
and
Assess the plans (including grading plans) and discretionary actions being sought and
their potential to result in physical impacts on the environment that could translate to
incompatible land use. The assessment would also evaluate the project's potential to
impact adjacent properties under other ownership. Compatibility (by type and
intensity) of proposed land uses and activities associated with reclamation and with
surrounding areas will be evaluated based on individual and combined impacts
associated with traffic, air quality, noise, aesthetics and other issues. Carefully
evaluate the transition between proposed land uses and adjacent land uses (both
existing and planned); and
Evaluate the project's consistency with applicable local, regional, state or federal
land use policies and programs; and
Develop mitigation measures to address significant land use impacts.
.
.
.
.
.
.
.
Landform Alteration/Aesthetics: This section shall evaluate the potential for the project
to have an impact on landform and aesthetics. The analysis will be illustrated through
the use of maps, photographs, and other graphic illustrations. The Consultant shall:
. Define baseline conditions by describing the existing visual quality of the site and
surrounding areas and identifying valued focal or panoramic views and aesthetic
features;
. Describe relevant regulations, policies and guidelines governing views and aesthetic
considerations. As applicable provisions of view ordinances, design guidelines, and
general plan and scenic highway plans will be summarized;
. Define Thresholds of Significance to determine impacts with respect to
aesthetics/views;
. Identify impacts based on the proposed reclamation plan and other relevant project
materials, with emphasis on the potential for the project to: introduce features that
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would detract from the aesthetic quality of the area or conflict with applicable design
guidelines; alter landform or remove features that contribute to the aesthetic character
of the area; or obstruct or diminish valued views from public gathering places or
designated scenic highways, corridors or parkways. This evaluation will include
assessment of the project's potential to compromise future view potential or aesthetic
resources accounted for in approved planning documents;
Identify mitigation measures as appropriate for significant landform impacts.
.
Traffic, Circulation and Access: This section of the EIR shall summarize the results of the
traffic letter report prepared by the applicant. The final Traffic letter report will be included
as an appendix to the EIR.
Noise: This section of the EIR shall summarize the results of the final Noise Impact
Assessment prepared by the Applicant, as described in Section 5(B) above. The final Noise
Impact Assessment will be included as an appendix to the EIR.
Air Quality: This section of the EIR shall summarize the results of the Air Quality Impact
and Greenhouse Gas Analyses prepared by the Applicant. The final Air Quality Report will
be included as an appendix to the EIR.
Biological Resources: The section of the EIR shall summarize the findings ofthe Biological
Resources Impact Assessment( s) provided by the Applicant. This section shall address the
applicable regulatory framework, existing conditions for biological resources, and
methodology. Based on the findings in the assessment and the Thresholds of Significance
established under the CEQA Guidelines (Section 15064.5) and Public Resources Code
(Section 5020.1 (q)), project-specific and cumulative direct and/or indirect impacts will be
identified. Cumulative impacts will be assessed and mitigatiDn measures will be provided
where feasible for significant impacts. The final Biological Resources Impact Assessment( s)
will be included as an appendix to the ErR.
Cultural Resources: This section of the EIR will summarize the findings of the [mal
Cultural Resources Letter Report prepared by the Applicant. The final Cultural Resources
Letter Report will be included as an appendix to the EIR.
Paleontological Resources: This section of the EIR will address Paleontological Resources
that could be encountered on the site relative to applicable CEQA thresholds.
Agricultural Resources: This section of the EIR shall assess the project's contribution to
loss of agricultural resources. The Consultant shall:
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. Define and map "Farmland with Statewide Importance," "farmland with Local
Importance", and "Prime Agricultural Soils" for the site and surrounding areas as
shown on the Program EIR for the Otay Ranch GP AlGPD/SRP and designated by the
Soil Conservation Service;
. Summarize applicable local, regional, state and federal plans, policies, regulations
and guidelines that address agricultural resources (including the Williamson Act) or
that regulate agricultural activities;
. Discuss historical agricultural uses and irrigation systems of the site and the
surrounding area and describe current site conditions, current agricultural activities,
and any resulting conflicts with adjacent uses;
. Define Thresholds of Significance for agricultural impacts based on Appendix G of
the CEQA Guidelines;
. Quantify the loss of "Farmland with Statewide Importance," "Farmland with Local
Importance," and Prime Agricultural Soils as a result of proposed development and
regionally as a result of development of Otay Ranch;
. Describe the Agricultural Plan and how interim agricultural activities will be
permitted under this plan;
. Describe significant impacts to local and regional agricultural resources that would
remain after implementation of the Agricultural Plan and propose additional
mitigation measures as appropriate to reduce significant impacts.
Hydrology/Drainage/Water Quality: This section of the ErR shall summanze the
Hydrology, Drainage, and Flow Net Studies provided by the Applicant. The Hydrology,
Drainage, and Flow Net Studies shall be included in the appendix to the EIR. This
section of the ErR shall:
. Describe the existing site conditions, including drainage patterns, flows and water
quality for the project area;
. IdentifY existing and planned drainage systems that would serve the site and
document any known constraints to off-site drainage facilities;
. Review and describe relevant local, regional, state and federal standards and
regulations related to hydrology and drainage, including Standard Urban Storm Water
Mitigation Plans that apply to the project as defined by the Regional Water Quality
Control Board;
. Develop Thresholds of Significance for identifYing hydrology and drainage impacts;
. Describe drainage facilities and detention facilities proposed or altered by the project
as described in the Drainage Study;
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.
Evaluate changes in hydrology and drainage resulting from increases in impervious
surfaces, proposed site activities, and intensification ofland use;
Evaluate potential impacts related to drainage, including issues associated with
below-grade transit and a high groundwater table, flooding, and construction of new
or expanded drainage facilities; and
Provide mitigation measures for significant impacts on hydrology or drainage, as
appropriate.
.
.
Geology and Soils: The EIR shall summarize the Geotechnical Report(s) provided by the
Applicant. The Geotechnical Report(s) shall be included in the appendix to the EIR. This
section of the EIR shall:
. Describe relevant local, regional, state and federal standards and regulations that
apply to geology and soils;
. IdentifY thresholds of significance for identifYing impacts on geology and soils;
. Assess impacts associated with fault rupture, seismic ground shaking, seismic-related
ground failure such as liquefaction, landslides, soil erosion, subsidence or expansive
soils, and methane gas; and
. IdentifY mitigation measures as appropriate to reduce significant impacts.
Public Services and Utilities: This section of the ErR shall evaluate potential impacts on
public services and utilities. The Consultant shall consult with local service providers as well
as summarize the findings of other relevant approved planning documents and master plans
including, but not limited to, analyses from the 1993 Program EIR (90-01) for the Otay
Ranch GDP/SRP and the 2005 Program EIR for the General Plan Update, in order to
adequately define applicable thresholds of significance, evaluate the potential for impacts,
and identifY feasible mitigation to fire protection (including EMS), police services, library
services, schools, recreational resources (parks, recreation and open space), water, sewer,
solid waste disposal, energy (gas and electricity), and telephone and cable services.
Hazards/Risk of Upset: This section of the EIR shall evaluate the potential for hazards
and risk of upset related to fire, ground and water contamination, toxic waste,
underground pipelines and storage tanks, landfills and other possible issues of concern.
The analysis will incorporate relevant information and analyses from the 1993 Otay
Ranch Program EIR (90-01), the recent General Plan Update Program EIR, and the
applicant prepared Phase I Environmental Site Assessment (ESA). The section shall:
. IdentifY, describe and map potential hazards within and adjacent to the project area
based on information provided in the Phase I ESA, existing Program EIRs and other
sources;
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. Define thresholds of significance, focusing on the potential for impacts associated
with hazards and risk of upset;
. Evaluate the potential for impacts related to hazards to the public or environment
through transport, use or disposal of hazardous materials, upset or accidents
involving hazardous materials, hazardous materials sites, public or private airports,
wildland fires, or interference with emergency response or evacuation plans; and
. Develop mitigation measures as appropriate to address any significant impacts
relating to hazards or risk of upset
Housing and Population: This section of the EIR shall evaluate the potential for the proposed
project to result in impacts on housing and population within the City. The section shall:
. IdentifY existing housing and population conditions based on the recent General Plan
Update and associated Program EIR, other City sources, Census 2000 data and
associated projections for population and housing;
. Describe regulatory provisions and City policies related to population and housing;
. Define thresholds of significance based on applicable guidelines;
. Evaluate conflicts related to housing supply or growth; and
. IdentifY mitigation measures as appropriate to reduce significant impacts.
Compliance with the City Threshold and Standards Policy and Findings of Fact: Based on
the analyses presented in the public services and facilities section of the EIR, the Consultant
shall review and evaluate the proposed project's compliance with the City's Growth
Management Ordinance (Chapter 19.09 of the Municipal Code) that contains Quality of Life
Threshold Standards related to the following issues: drainage, traffic, fiscal, police, schools,
libraries, water, air quality, sewage, fire/emergency services, parks, recreation and open
space. This Section of the EIR shall summarize the project's consistency with the
established thresholds standards and determine if the requirements have been satisfied.
Alternatives: The Alternatives section will include an analysis of alternatives consistent with the
CEQA Guidelines. The alternatives will be based on information discussed at the project
orientation meeting and assumptions provided by the City. It is assumed that three (3)
alternatives and the mandatory No Project Alternative (Plan-to-Ground and Plan-to-Plan) will be
analyzed in the EIR. A discussion of other alternatives that were considered and supporting
rationale indicating they were determined infeasible will also be provided.
F or each alternative, this section will provide a description of the alternative, consideration of the
alternative's feasibility in relationship to the project objectives, and a comparative analysis of the
environmental impacts of the alternative versus the impacts as a result of the proposed project
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The alternatives will be evaluated in a more qualitative and comparative manner than the analysis
described above for the proposed project.
Other Mandatorv CEOA Sections: The Consultant shall prepare other required CEQA
analyses within this chapter of the EIR, which include: Cumulative Impacts; Effects Found
Not to be Significant; Significant Irreversible Environmental Changes; and Growth-Inducing
Impacts.
Mitigation Monitoring and Reporting Program: The Mitigation Monitoring and Reporting
Program (MMRP) will be developed at the draft EIR stage and finalized after the close of public
review. The MMRP will be prepared in conformance with CEQA Guidelines Section 21 082 and
City requirements. The MMRP specifically will include monitoring team qualifications, specific
monitoring activities, a reporting system and criteria for evaluation the success of the mitigation
measures.
References. Persons and Agencies Contacted and EIR Preparation: The EIR will contain a list of
all references used and persons and agencies contacted in preparation of the EIR. In addition, the
EIR will list all persons involved in the preparation of the document and their title and role.
Draft EIR Processing and Document Revisions
The Consultant shall prepare three (3) screencheck draft EIRs prior to preparation of the public
review version of the Draft EIR. The second, third and public review copies of the Draft EIR will
incorporate comments received on prior versions of the reports. Documents submitted as part of
each Screencheck review will be printed on different colored paper so as to clearly distinguish a
current version from a previous one. The Consultant shall prepare the Notice of Availability for
public review distribution.
Final EIR Preparation and Content
Upon completion of agency and public review, the Consultant will prepare written responses to all
letters of comment received. All comments received in response to the ErR will be discussed with
the City staff, and an approach to the responses will be subject to City approval prior to preparation
of the draft responses. Draft responses to comments will be submitted to City stafffor review. The
Consultant will then revise responses in accordance with City directions and will prepare the
document for final distribution.
The Consultant will draft candidate Findings and a Statement of Overriding Considerations. if City
determines this to be necessary, for consideration by the decision-maker in certifying the EIR. The
Findings will include all measures which would be implemented to mitigate potentially significant
impacts; a statement, as appropriate, that the project mitigation may be the responsibility of another
agency; and an evaluation of project alternatives and why each was found to be infeasible. A major
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portion of the Findings will be compiled using information contained in the EIR. The Statement of
Overriding Considerations will present the social, economic or other reasons why the project should
be approved even though significant environmental impacts may result (i.e., why the project's
benefits override the environmental issues). These will be presented in draft form to the City,
revised as City determines to be necessary, and printed to accompany the Final EIR for review and
consideration by the City of Chula Vista, Planning Commission, and ultimate adoption by the City
Council.
The draft Final EIR will include the EIR text with necessary revisions requested by City staff or as a
result of the public review process, letters of comment and responses, the Findings and Statement of
Overriding Considerations (if applicable), appendices, and the Mitigation Monitoring and Reporting
Program. Following review and approval of the responses to letters of comment and any changes to
the text of the document, the Consultant will prepare a draft Final ErR for review by City staff. The
Consultant will also prepare the Notice of Determination and California Department of Fish and
Game Fee Certification.
Meetings and Hearings
The Consultant's work efforts will involve on-going project management to include regular
coordination with City staff and project team members. The Consultant's project manager will meet
as needed with City staff to discuss the EIR progress and issues as they arise. The scope of work
includes Consultant's attendance at the following meetings and hearings.
. One (1) scoping meeting
. Six (6) meetings with City staff to discuss EIR progress and issues as they arise;
. Two (2) Planning Commission hearings on the FEIR and related environmental documents;
and
. Two (2) City Council Hearings on the FEIR and related environmental documents.
Deliverables
Screencheck Draft EIR
. Fifteen (15) total copies of the First Screencheck Draft EIR and Technical Appendices, in
three-ring binders will be provided to the City.
. Following receipt of comments on the First Screencheck Draft EIR by City staff, Consultant
will make the required revisions and provide fifteen (15) total copies of the Second
Screencheck Draft EIR and Technical Appendices in three-ring binders.
. Following receipt of comments on the Second Screencheck Draft EIR by City staff,
Consultant will make the required revisions and provide five (5) total copies of the Third
Screencheck Draft EIR, first draft MMRP and Technical Appendices in three-ring binders.
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Public Review Draft EIR
. Following City staff review of the Third Screen check EIR, Consultant will make the
required revisions and prepare the document for public review. Thirty (30) total copies of the
Draft EIR, MMRP and ten (10) Appendices, including twenty (20) copies of the documents
in three-ring binders and one-hundred (100) copies ofthe document on Compact Disk (CD)
will be provided to the City. CDs submitted to the City shall be accompanied by 20 hard
copies ofthe Executive Summary with a pouch to hold the CDs. KLR Planning will prepare
the Notice of Completion for the City, and the City will handle the public review distribution.
. Consultant shall prepare Draft Candidate CEQA Findings of Fact and, if necessary, a
Statement of Overriding Considerations for review by City of Chula Vista staff and legal
counsel after distribution of the Draft EIR for public review. Consultant shall submit five (5)
copies of the draft Candidate Findings of Fact and Statement of Overriding Considerations
with the draft responses to comments.
Final EIR
. Following the close of public review, Consultant shall meet with City staff to discuss
comments received. Following consultation with City staff, Consultant shall provide draft
responses to comments received during public review.
. Consultant shall prepare a Screen check Final EIR. The Screen check Final EIR will include
corrections and additions to the DEIR and technical reports, if appropriate; a draft Mitigation
Monitoring and Reporting Program (MMRP); a list of persons, organizations, and public
agencies commenting on the DEIR; comments and responses on the DEIR; and, DEIR
comment letters and hearing testimony. Consultant shall submit five (5) copies ofSFEIR to
the City for review by City of Chula Vista staff.
. Upon City staffs approval of the SFEIR, Candidate CEQA Findings of Fact and, if
necessary, Statement of Overriding Considerations, Consultant will prepare a Final EIR,
MMRP, Appendices, Candidate CEQA Findings of Fact and Statement of Overriding
Considerations (if applicable). Consultant will provide thirty total (30) copies including ten
(10) in three-ring binders, and ten (10) copies on CD of the Final EIR, MMRP, Appendices,
and Candidate CEQA Findings of Fact and Statement of Overriding Considerations (if
applicable).
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
( X ) Same as Effective Date of Agreement
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Dates or Time Limits for Delivery :
. First Screencheck Draft EIR, MMRP and Technical Appendices - Four (4)
weeks after all required technical submitted by tbe applicant are determined
by the City of Chula Vista to be adequate.
. Second Screencheck Draft EIR, MMRP and Technical Appendices - Three
(3) weeks after receipt of City comments on First Screencheck Draft EIR.
. Third Screencheck Draft EIR, MMRP and Technical Appendices - Two (2)
weeks after receipt of City comments on Second Screencheck Draft EIR.
. Public Review Draft EIR, MMRP and Technical Appendices - One (1) week
after receipt of City comments on Third Screencheck Draft EIR.
. First Draft Findings and Statement of Overriding Considerations, if
applicable - Due upon completion of 45 day public review period.
. First Draft Responses to Comments received during public review - Two (2)
weeks after close of 45 day public review period
. SFEIR including corrections and additions to the DEIR; final technical
reports; MMRP; a list of persons, organizations, and public agencies
commenting on the DEIR; comments and responses on the DEIR; and, DEIR
comment letters and hearing testimony - One week after responses to
comments are finalized.
. Final EIR for public hearing including final responses to comments, Findings
and Statement of Overriding Consideration - One (I) week after receipt of
City comments on Screencheck Final ElR.
Dates for completion of all Consultant services: Date of City Council final action on
environmental documents, or completion of all tasks to the satisfaction of tbe City's Director of
Development Services, whichever is later.
7. Documents to be provided by Applicant to Consultant:
o Air Quality
o GHG Analysis
o Hazardous Materials EDR Study
o Stormwater Hydrology Analysis
o Water QualitylDrainage/Flow Net Technical Report
o Acoustical Analysis
o Preliminary Geotechnical Investigation
o Traffic Study Letter Report
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o Reclamation Plan
Q Grading Plan
o Biological Technical Study
8. Contract Administrators.
City:
Stephen Power AICP, Principal Planner
Public Services Building
276 Fourth Avenue
Chula Vista, CA 920 I 0
Tel: (619) 409-5864
Agent:
Marcella Escobar Eck
Atlantis Group
2488 Historic Decatur Road
San Diego, CA 92106
(619) 523-1930
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
( X) Not Applicable. Not an FPPC Filer.
( ) Category No. I.
( ) Category No.2.
( ) Category No. 3.
( )
Category No.4.
( )
Category NO.5.
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Investments and sources of income.
Interests in real property.
Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority
of the department.
Investments in business entities and sources of income which
engage in land development, construction or the
acquisition or sale of real property.
Investments in business entities and sources of income of the
type which, within the past two years, have contracted
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with the City ofChula Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or
equipment.
( )
Category No.6.
Investments in business entities and sources of income of the
type which, within the past two years, have contracted
with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( )
Category No.7.
Business positions.
10. Insurance Requirements:
(X) 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.
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Exhibit B
Additional Recitals
2.7 An Application for Reclamation Plan was submitted to the City ofChula Vista on November 2,
2009; and
2.8. The preparation of an EIR in accordance with the provisions of the California Environmental
Quality Act (CEQA) is a necessary component of the Reclamation Plan approval process; and
2.9. KLR Planning has acquired an in-depth knowledge of mining and reclamation plans through their
extensive work on similar projects throughout the San Diego region; and
2.10. KLR Planning's comprehensive familiarity with the Otay Valley Quarry Reclamation Plan,
coupled with the knowledge gained through extensive work on reclamation plans/EIRs throughout the San
Diego region, makes them uniquely qualified to serve as the Consultant for this project; and
2.11 The consultant warrants and represents that it is experienced and staffed in a manner such that
it can prepare and deliver the services required of Consultant to City within the timeframes herein provided all
in accordance with the terms and conditions of this Agreement, and that time is of the essence; and
2.12. The Development Services Director has negotiated the details of this agreement 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 has deposited funds for the consulting services necessary for the preparation of
the environmental documents;
2.14. The proposed contract with KLR Planning to provide consultant services would be in an amount
not to exceed $90,451.00 with an additional $22,612.75 for additional services should they be necessary.
(End of Recitals)
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Exhibit C
Compensation Schedule and Deposit: Tenns and Conditions.
( X) Single Fixed Fee Arrangement.
For perfonnance of all of the General and Detailed Services of Consultant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
(x) Single Fixed Fee Amount: $90,451.00
Milestone or Event Amount or Percent
of Fixed Fee
1. Signing of this agreement by all parties and upon the $13,567.65 (15%)
request of the Consultant.
2. Submittal of First Screencheck Environmental $31,657.85 (35%)
Document*
3. Submittal of Second Screencheck Environmental $9,045.10 (10%)
Document**
4. Commencement of Public Review $13,567.65 (15%)
5. Completion of Final Environmental Document $13,567.65 (15%)
6. Completion of All Remaining Tasks as outlined in $9,045.1 (10%)
Exhibit "A" to this Agreement
Subtotal $90,451.00
7. 25% Contingency F ee* * * (for task( s) as detennined at the
sole discretion of the City's Environmental Review $22,612.75
Coordinator)
Total Fixed Fee Amount $90,451.00
*
For purposes of payment, the first screencheck shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A") to the satisfaction of the
Environmental Review Coordinator. Payment shall not be made until the City's Environmental
Review Coordinator determines that a complete screencheck document has been submitted.
**
F or purposes of payment the second screencheck shall completely address all comments identified in
the first screencheck to the satisfaction ofthe Environmental Review Coordinator. Payment shall not
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be made until the City's Environmental Review Coordinator determines !bat a complete second
screencheck document has been submitted.
*** Pursuant to Section 3.2.1 of this Agreement, the Environmental Review Coordinator in their sole
discretion independently and or upon request from the Consultant, may from time to time, negotiate
additional services to be performed by the Consultant under this Agreement in order to cover
unforeseen issues that may be identified during the preparation of the environmental document
("Additional Services"). The cost of Additional Services in connection with the environmental
document shall be on a time and material basis at !be rates set forth herein. In the event such
Additional Services t exceed 25% of the total contract amount ($22,612.75) Section 3.2.1.1 shall
apply.
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
Fee for Phase
Said Phase
I.
$
2.
$
3.
$
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4.
$
( ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours oftime and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth hereinbelow according to the
following terms and conditions:
() Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
General and Detailed Services herein required of Consultant for $
including all Materials, and other "reimburseables" ("Maximum Compensation").
( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
(" Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved by the
City Council. Nothing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense.
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Rate Schedule
Category of Employee Employee Name* Hourly Rate
'Other individuals from the Consultant firm may be substituted in place of the names listed solely at
the discretion of the City's Environmental Review Coordinator.
( ) Hourly rates may increase by 6% for services rendered after
Materials Separately Paid For by Applicant
Cost or Rate
o Materials
NA
Reports
Copies
o Travel
o Printing
o Postage
o Delivery
o Long Distance Telephone Charges
( ) Other Actual Identifiable Direct Costs
NA
NA
NA
NA
NA
Actual
-----------------------------------
Deposit
(X) Deposit Amount: $90,451. Applicant further agrees to deposit within 10 days if City requests to
do so, a sum (estimated to be up to $22,612.75 (contingency fee) for additional services if such
services are required by the City's Environmental Review Coordinator.
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(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is
"checked", upon City's receipt of billing by Consultant, and determination by City in good faith that
Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
----------------------------------
( ) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
o Monthly
( ) Quarter! y
(X) Other: In accordance with the_milestones provided herein.
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
o End of the Month
(X) Other: Upon completion of the milestones identified herein.
C. City's Account Number:
D.. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
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Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occurred:
( ) Retention Percentage: lO%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction of the
Environmental Review Coordinator.
( ) Other:
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