HomeMy WebLinkAboutReso 2000-424 RESOLUTION NO. 2000-424
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHU~A
VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS
IMPRACTICABLE, APPROVING THE SECOND AMENDMENT TO
AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
REMY, THOMAS AND MOOSE, LLP FOR LEGAL SERVICES
RELATED TO THE CITY OF CHULA VISTA MULTiPLE SPECIES
CONSERVATION PROGRAM SUBAREA PLAN AND
IMPLEMENTING AGREEMENT, AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL
YEAR 2000/2001 BUDGET BY APPROPRIATING AN ADDITIONAL
$145,000 TO THE PLANNING AND BUILDING DEPARTMENT FROM
THE AVAILABLE FUND BALANCE OF THE GENERAL FUND
WHEREAS, on April 13, 1999, the City Council approved Resolution 19427 which
included $20,000 in developer funding for contract environmental legal services related to
preparation of the Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan;
and
WHEREAS, on November 30, 1999, City Council approved Resolution 19675 for a
$32,500 contract with the firm of Remy, Thomas and Moose, LLP for legal services related to
the City's preparation of the MSCP Subarea Plan, and added $12,500 in general ftmds to the
Fiscal Year 1999/2000 budget of the Department of Planning and Building; and
WHEREAS, on June 20, 2000, City Council approved Resolution 2000-216 for a
$25,000 amendment to the contract with Remy, Thomas and Moose, LLP for expanded legal
services related to the City's preparation of the MSCP Subarea Plan, and added $25,000 in
general funds to the Fiscal Year 1999/2000 budget of the Department of Planning and Building;
and
WHEREAS, the scope of work has expanded to include, but is not limited to, preparation
of CEQA Findings for the MSCP Subarea Plan; review of draft responses to public comments
received on the February 16, 2000 Draft Chula Vista MSCP Subarea Plan; preparation and
completion of a Mitigation and Implementing Agreement Monioring Program for Biological
Resources; advising the City on proposed Critical Habitat designations for several species; assist
with the coordination and negotiation of an Implementing Agreement between the City and the
Wildlife Agencies, and legal review of a low-effect habitat conservation plan for the Quino
Checkerspot butterfly and related federal and state environmental documents; and
WHEREAS, staff recommends amending the existing contract with Remy, Thomas and
Moose, LLP to encompass the expanded scope of work to help ensure the MSCP process is
completed in a timely manner; and
Resolution 2000-424
Page 2
WHEREAS, in amending the existing contract, staff recommends waiving the City's
formal bidding process because Remy, Thomas and Moose, LLP is uniquely qualified to provide
legal services related to preparation of the City's MSCP Subarea Plan and Implementing
Agreement due to their extensive knowledge and understanding of the project, the Chula Vista
community, the wildlife agencies, and state and federal law; and
WHEREAS, waiving the City's formal bidding process is also recommended because
delays in completion of the MSCP will impact approval of the Otay Valley Regional Park and
also impact development in San Miguel Ranch, Otay Ranch and Rolling Hills Ranch; and
WHEREAS, the contract extension requested is not to exceed $145,000 and this
appropriation was not foreseen.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the formal bidding process.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves
the contract amendment with Remy, Thomas and Moose, LLP for legal services related to the
Multiple Species Conservation Program Subarea Plan and Implementing Agreement, a copy of
which shall be kept on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the Mayor to execute the Second Amendment to an Agreement between the
City and Remy, Thomas and Moose, LLP.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby amend the Fiscal Year 2000/2001 budget by appropriating $145,000 to the Department of
Planning and Building from the available fund balance of the General Fund.
Presented by Approved as to form
Resolution 2000-424
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 14th day of November, 2000, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Donna Norris, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna Norris, Deputy City Clerk of Chula Vista, Califomia, do hereby certify that the
foregoing Resolution No. 2000-424 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 14th day of November, 2000.
Executed this 14th day of November, 2000.
Donna Norris, Deputy City Clerk