HomeMy WebLinkAbout2013/07/09 Item 05CITY COUNCIL
AGENDA STATEMENT
.ITEM TITLE: PROPOSED THREE PARTY AGREEMENT FOR CONSULTING
SERVICES TO PROVIDE CONTINUED PROJECT
MANAGEMENT FOR THE .PROCESSING OF DEVELOPMENT-
APPLICATIONS FOR OTAY RANCH VILLAGES 3, 8 EAST AND
10, RELATED TO THE UNIVERSITY LAND OFFER "
AGREEMENTS
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, ANTHONY J. LETTIERI, FAICP -
CONSULTANT, AND SSBT LCRE. V, LLC -APPLICANT, FOR ~ .
CONSULTING WORK- WITH REGARD TO APPLICANT'S
PROJECT INVOLVING OTAY RANCH VILLAGES 3, 8 EAST AND
10, AND AUTHORIZING THE MAYOR TO EXECUTE ,SAID
AGREEMENT.
SUBMITTED BY: DEVELOPMENT SERVICES DIRECTOR
REVIEWED BY: CITY MANAGER~{j~-~r J.S
4/5TH VOTE REQUIRED YES ._ NO X
SUMMARY
State Street Bank'and Trust Company (SSBT LCRE V, LLC) acquired ownership of Villages 3, 8
East and 10 in October 2011. JPB Development, acting as an agent for SSBT LORE V, LLC, has
submitted applications for proposed General Plan and Otay Ranch General Development Plan
amendments, Sectional Planning Area_ (SPA) Plans, Tentative Maps and related Environmental
Impact Reports involving theAtay Ranch Village 3, 8-East and 10 planning areas. Mr. Lettieri
was originally retained under a separate contract approved in 2010 with the previous owner (JPB
~~ Development) which is nearing expiration and SSBT LCRE V, LLC would like to contract with
Mr. Lettieri to continue serving as the project manager. Under a University Land Offer
Agreement (LOA) approved by Council in August 2010, , processing of these complex
applications must occur within a defined time period. The item before Council requests
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Page 2, Item No.: S
Meeting Date: 07/09/13
approval of a three-party agreement to hire Mr. Lettieri to continue serving as a project manager
and ensure the LOA timelines are met.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity 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 because it involves only
approval of a contract for professional services; therefore, pursuant to Section 15060(c)(3) of the
State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary. ~ -
RECOMMENDATION:
That the City Council adopt the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Back ound
In August 2010, the City Council approved an amended University Land Offer Agreement (LOA)
with JPB Development. Subsequent to that agreement, SSBT LORE V, LLC acquired the property
and identified JPB as its agent to process its entitlements. Under the LOA, SSBT LCRE V, LLC
will dedicate land to the City for the future university in consideration of the City's processing of
their development applications for the Otay Ranch Villages 3, 8 East and 10 azeas within a 24-
month time period. Those development applications involve General Plan (GP) and Otay Ranch
General Development Plan (GDP) amendments, Sectional Planning Area (SPA) Plans, Tentative
Maps (TM) and related Environmental Impact Reports (EIRs) that reflect land use changes and
housing unit increases pursuant to a broad land use plan contained in the LOA. Commencement of
the 24-month period is tied to the filing of complete applications for the associated entitlements.
Processing of these applications within the 24-month period encompasses a substantial amount of
work, and is a complex, interdependent process that requires a high degree of coordination through
strong project and process management to ensure success.
In April 2008, the City Council approved a similar LOA with Otay Land Company (OLC)
regarding their land holdings involving the Village 8 West and 9 azeas of Otay Ranch.. OLC's GP
and GDP amendments were approved in February 2013 and its SPA Plans and TMs are expected to
be before the City Council in the. Fall. A staff team is fully engaged in processing of those
applications in order to achieve this date.
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Meeting Date: 07/09/13
Due to staffing commitments to the OLC effort, the City entered into a three party agreement with
JPB (then owner) and Mr. Lettieri to provide dedicated project management and oversight for the
application processes. This contract is nearing expiration and SSBT LCRE V, LLC would like to
contract with Mr. Lettieri to continue in his capacity as project manager for their entitlement
applications.
Consultant Services Selection Process
In fulfilling the obligations of the JPB LOA, the City would be best served by continuing its
relationship with Mr. Lettieri as the project manager for the project. He has worked on the project
for the past several years and his continued management is paramount to successfully meeting the
prescribed LOA timeframes in order to accept the remaining university property.
Mr. Lettieri has worked as a professional planning practitioner in the greater San Diego azea for
over 40 years, and is a Fellow of the American Institute of Certified Plamters. He has held planning
positions for local cities and the County, run his own planning firm, been a planning consultant, and
served as-a Planning Commissioner in the City of San Diego. His credentials and experience are
many, having worked on projects ranging from municipal General Plan updates and numerous
specific plans both within and outside the San Diego Region.
Mr. Lettieri is also very familiar with Chula Vista and Otay Ranch. He previously worked as
manager of the multi-disciplinary, joint City-County Otay Ranch project team during preparation of
the original General Development Plan from 1990 through 1993. He also served as the City's-
project manager for processing of the Rancho Del Rey SPA I .project during 1985 to 1987. Mr.
Lettieri worked as a City employee during 2003 and 2004 providing support in development of the
City's General Plan update focusing primarily on land use, land use policy and assisting with
facilitation of related public workshops. Most recently, Mr. Lettieri served the City. as Project
Manager. in processing the SPA Plan and Tentative Map entitlements for the Otay Ranch Eastern
Urban Center which were successfully approved in September 2009. Those approvals also
included a fairly complex Development Agreement and Parks Agreement. Through this work Mr.
Lettieri is uniquely familiar with Chula Vista and the Otay Ranch project in particular, and will
bring his extensive experience and expertise to these project planning efforts.
His experience and familiarity with Otay Ranch, and this project in particular, allows him to
continue his role of project management absent the need for additional time from staff to train and
orient him. This ability to continue to move the project forwazd in an efficient and expeditious
fashion is. necessary to help ensure that the project will be processed within the timeframes
specified in the LOA. Considering this, it is staff s position that the City would be materially better
served by waiving the formal consultant selection process. Therefore, pursuant to Chula Vista
Municipal Code Section 2.56.070.B.3 & 4, staff is recommending that the Council waive the
formal bidding process and hire Anthony J. Lettieri, FAICP, to pertbrm the subject work.
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Meeting Date: 07/09/13
Scope of Work
Under the proposed three-party agreement, Mr. Lettieri will continue to function as the Project
Manager for processing of the noted SSBT LCRE V, LLC applications involving Otay Ranch
Villages 3, 8 East and 10 under the supervision of the Development Services Director: Mr.
Lettieri's responsibilities will continue to generally include the following:
• As an extension of staff, process under City procedures the necessary planning and
environmental planning applications for the previously listed entitlements, fore the
property known as Otay Ranch Villages 3, 8 East, and 10.
• Regularly meet with the Development Services Director and other appropriate city staff to
identify issues and develop recommendations related to the Applicant's project.
• Review all planning and policy documents that have an impact or are related to the Otay
Ranch that set direction for the planning and processing of the Applicant's project,
including the General Plan, Otay Ranch General Development Plan, and other
development applications.
• Manage the work product of all staff assigned to this project to ensure a comprehensive
approach to the identification and resolution of issues and the timely processing' of this
project. '
• Coordinate with all outside agencies to ensure that requirements and plannirg issues of
those agencies are addressed in this planning process.
• Regularly meet with Applicant and Applicant's''planning team to identify and resolve
issues, work on planning options, and coordinate all planning and development processes.
• Prepare staff reports, Issue Papers and Issues Matrices, and other working documents to
efficiently process all of the proposed applications.
• Process all discretionary applications for final approval This would involve
interdepartmental coordination, preparation and presentation of all staff reports to the
Planning Commission and City Council.
Contract Payment
The total cost of the contract amendment for consulting services is on a time and materials basis,
limited to a base of $162,000, with up to an additional 20% contingency ($32,400) subject to
written authorization by the Development Services Director. The base $162,000 cost is derived
through assumption of an average of 20 hours per week, over a 54-week period, at the consultant's
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Meeting Date: 07/09/13
hourly rate o£$150. The Applicant will pay all consultant costs through the project's deposit
accounts. The City will also charge the Applicant a 15% overhead rate onthe consultant's
invoices to cover costs associated with providing office space, supplies and equipment for the.
consultant.. The overhead costs will also be paid from the project's deposit accounts.
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 ofthe-property, which is subject to this action. Staff is
not independently aware, nor has staff been informed by any City Councilmember, of any"other
fact that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT YEAR FISCAL IMPACT:
- There will be no resulting impact to the General Fund. The Applicant will fully compensate the
consultant, and will pay the City a 15% overhead rate on the consultant's invoices to cover cosfs
associated with the City providing office space, supplies and equipment for the consultant. The
` Applicant will also pay the cost for other staff time associated with processing their applications
pursuant to a Processing Agreement and through deposit accounts.
ON-GOING FISCAL IMPACT
'Approval of this 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.
Attachments:
1. Three-Party Agreement
Prepared by: Scott Donaghe, Principal Planner, Development Services Department
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.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 ..
C ~ Gllen R. Googins
City Attorney
Dated: ~ ?v 1
THREE-PARTY AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA AND
ANTHONY J. LETTIERI, FAICP
FOR CONSLULTING WORK
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Three-Party Agreement Between
City of Chula Vista,
Anthony 7. Lettieri, FAICP, Consultant, and
SSBT LORE V, LLC, Applicant
For Consulting Work to be Performed
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", Anthony J. Lettieri, FAICP whose business form and
address are indicated on the attached Exhibit A, and SSBT LCRE V, LLC the persons collectively
designated on the attached Exhibit A as "Applicant," whose business form and address are indicated
on the attached Exhibit A, and is made with reference to the following facts:
2. Warranties and Representations.
2.1. Applicant warrants that Applicant is the owner of land ("Property") commonly known
as, or generally located as, described on Exhibit A, Paragraph 1, 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,
Pazagraph 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.
23. 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" staffor 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.
2.6. On August 17, 2010, the City and the Applicant. entered into an Amended 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.
2.7. WHEREAS, pursuant to Resolution 2008-217 Consultant is identified as a Designated
Employeefor purposes of filing Conflict of Interest Statements under State law and Chapter 2.02 of
the Chula Vista Municipal Code (the "Chula Vista Conflict of Interest Code"); and
Lettied - SSBT LCRE V, LLC Three-Party Agreement
July 9, 2013
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2.8. WHEREAS, generally Consultants are required to file under the broadest of categories
for Conflict of Interest puzposes; and
2.9. WHEREAS, pursuant to Resolution 2008-217 the City may determine in writing that a
particulaz Consultant, although a Designated Employee, is hired to perform a range of duties that is
limited in scope and thus is not required to fully comply with the disclosure requirements included in
Resolution 2008-217; and
2.10. WHEREAS, Consultant will be acting as an extension of staff whose limited duties
shall include providing project level review and support to City staff pertaining to the August 17,
2010 Land Offer Agreement between JPB Development, related entities andthe City ofGhula Vista;
and
2:11. WHEREAS, based upon Consultant acting as an extension of staff and Consultant's
duties as described herein the City Council hereby finds that Consultant is not required to disclose
economic interests under the broadest of categories but shall only be required fo disclose economic
interests for categories 1 and 2 as identified in Resolution 2008-217.
2.12. Additional facts and circumstances regarding the background for this Agreement are
set forth on Exhibit B. '
3. Agreement.
NOW, THEREFORE, for valuable consideration it is mutually agreed to by and between the
City, Consultant, and Applicant as follows:
3.1. Engagement of Consultant by Anplicant.
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, atl of the
services described on the attached Exhibit A, Pazagraph 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 ofthe services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work," ("Detailed Services"), and all services
reasonably 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 Exlribit A, Paragraph 6, and if none are set forth, within a reasonable
period' of time 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 General and Detailed Services to and for
the primary benefit of the City for the compensa$on 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 caze and skill ordinarily exercised by
Lettieri - SSBT LCRE V, LLC Three-Party Agreement
July 9, 2013 page 2
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members of the profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensationand/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 andcomplete the
work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for atl 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 "checkmazk" next, to
the appropriate arrangement,. by paying said amount to the Ciry, within30 days of Consultant's
biAing, or in accordance with the security deposit provisions of Pazagraph 3.3 ofthis Agreement and
Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, pay said
amount to the Consultant h7 accordance with the Bill Processing provisions in Exhibit C, ifchecked
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. Applicants 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, determine
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 iri writing for said Additional Work between the parties.
3.2.2. 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 at which time the force majeure provisions of the LOA shall be applied until the
Applicant deposits 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.
3.2.3. 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 inthe 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.
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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, the conditions of such deposit being as indicated on Exhibit C and as herein
below set forth:
3.3.1.1 Other Terms of Deposit.
3.3.1.1.1. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, such purposes as determined by the City. City may, in lieu
of deposit into a separate bank account, sepazately account for said deposit in one or more of its
various bank accounts, and upon doing so, shall proportionately distribute to the Deposit, the average
interest earned during the period on its general fund. -
3.3.1.1.2. -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 there&om.
3.3.1.13. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized.
3.3.1.1.4. 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 pay said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms governing the original Deposit.
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 pay said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms governing the original Deposit.
3.3.2. Withholding ofProcessing. 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 ofApplicant's Application upon a breach ofApplicant's
duty to compensate Consultant and in such event Section 6.4 of the LOA entitled "Force Majeure"
shall apply.
Lettieri - SSBT LCRE V, LLC Three-Party Agreement
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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 tequixed to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, to the limits specified, and paid for by
Consultant, policies of which are issued by Insurance Companies that have a BesY's Rating of "A,
Class V" or better, or shall meet with the approval of the City:
. 4.1.1. Statutory Workeis Compensation Insurance and Employer's Liability-
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragaph 10, combined single limit applied
separately to each project away from premises owned orrented by Consultant, which names City and
Applicant as an Additional Insured, and which is primary to any policywhich 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 of Insurance 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) daps 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.
4.3: Public Statements.
All public statements and releases to the news media hall 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.
4.4. Communication to Applicant.
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Consultant may communicate directly to the Applicant with the express consent of City, as
necessary to carry out review and processing of the project applications, and in order to reflect the
City's position. All formal written communications with the Applicant, and any other representation
of the City's position, shall fast be approved by the Director of Development Services. The
Consultant may request such meetings with the Applicant as necessary 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, Pazagraph 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 necessazy 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 subjectproperty 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 liabi]ities in connection with
or arising from any such entry and access. Failure to allow Consultant timely access or entry to the
Properly which is needed in order for Consultant to proceed with performance under thisAgreement
shall trigger the provisions of pazagraph 6.9 entitled "Force Majeure" of the LOA.
5.3. Communication to Consultant.
Applicant may communicate directly to the Consultant, provided however, Applicant advises
the City of such communication in a timely manner. The City may request that on some matters or in
some circumstances'as determined by the City, the Applicant not communicate directly to the
Consultant except in the presence of the City, or by writing with an exact copy of which is
simultaneously provided to City. The Applicant may request such meetings as they desire with the
Consultant to ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Pazagraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routhze
administration ofthis Agreement.
7. Conflicts of Interest.
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7.1. Consultant is Desi~Rated as an FPPC Filer.
fl Consultant is designated on Exhibit A, Pazagraph 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.
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
govenvnental 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
interest's, 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 ofConflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant furtherwarrants
and represents that Consultant will immediately advise the City Attorney ofCityif 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. ~ecific Watzanties 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 I O radial miles from the exterior boundaries of the property. which is the
subject matter of the Project, or ("Prohibited Interest").'.
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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 performance of
this Agreement. Consultant promises Eo advise City of any such promise that may be made during
the Term of this Agreement, or for 12 months thereafter.
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 parry 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. In the event oftermination of this Agreement as described
herein, the provisions of Section 6.9 of the LOA entitied "Force Majeure" shall apply and the time
for performance by the City under the LOA shall be extended equal to the time taken by the
Consultant and City to resolve any outstanding issues or a new consultant is hired to perform the
remaining work.
9. City's Right to Terminate Payment for Convenience. Documents.
9: L. 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~terxnination. ~ ~ --
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation azising 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 properly of the City; provided however, that the
Lettieri - SSBT LCRE V, LLC Three-Party Agreement
July 9, ?013
Page 8
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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.
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 ofthe Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as if set fully set forth herein.
1 L Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City re. Injuries.
Consultant shall defend, indemnify, protect and hold harmless the 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 o; 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 ofthe 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 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 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 City, it officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attameys' fees and
liability incurred by the City, its officers, agents, or employees in defending 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 declazation by the Consultant. Consultant's obligations under
this Section shall survive the termination of this Agreement.
11.2. Applicant to Indemnify City re. Compensation of Consultant.
Leuieri- SSBT LCRE V, LLC Three-Party Agreement
July 9, 2013
Page 9
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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 lndemnitees"), 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 Renresent 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 orfurther 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 partiesrelatirig to the subject
matter hereof. Neither this Agreement nor any provision hereofmay be amended; modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or dischazge is sought. '
13.5. Canacitv of Parties.
Lettieri - SSBT LCRE V, LLC Tluee-Party Agreement
Tuiy 9, 2013
Page 10
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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 Law/Venue.
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.
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 iri the specific
instance and for the purpose for which given. '
13.8. Countemarts.
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.
1n 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 singe 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
existerice of a breach shall not operate or be construed to operate as a waiver of any such breach:
13.12. Remedies.
Lettieri - SSBT LCRE V, LLC Three-Party Ageement
July 9,.,2013
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The rights of the parties under this Agreement are cumulative and not exclusive of anyrights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiazies.
Despite the fact that the required performance under this Agreement may have an effect upon
persons hot parties hereto, ffie parties'specificaIIy intend no benefit therefrom, and agree that no
perforrxiance 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.
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 thisAgreement 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 written consent of City. City shall
have unrestricted authority to publish, disclose (except as maybe limited by the provisions of the
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.
[Remainder ofpage intentionally left blanl~ next page is signature page]
Lettieri-SSBT LCRE V, LLC Three-Party Agreement
July 9, 2013 Page 12
5-T8
Signature Page To
the Agreement Between
City of Chula Vista,
Anthony 7. Lettieri, FAICP, Consultant, and
SSBT LCRE V, LLC, Applicant
For Consulting Work to be Performed
with Regard to Applicant's Project "
(Page 1 of 2)
NOW TEIEREFORE, the parties.hereto, having react and.understo4d the terms and conditions
of this Agreement, do hereby express their consent to the terms hereofby settingtheir hand hereto on
the date set forth adjacent therreto. - -
Dated _ _ City of Chula Vista
sy:
Cheryl Cox, Mayor
Attest:
Donna Nosis, City Clerk
Approved' as to Form:
Glen G. Googins, CityAttomey
Dated: ~~~__~__c,3 Consultant: _Anthony7.lzttieri.FAICP
By: ~~~?
Lettieri - SSBT LCRE. V, LLC Three-Pa~iy Agreement
July 9, 2013 '
Page 13
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Signature Page To
the Agreement Between
City of Chula Vista,
Anthony J. Lettieri, FAICP, Consultant, and
SSBT LCRE V, LLC, Applicant
For Consulting Work to be Performed with Regard to Applicant's Project
(Page 2 of 2)
Dated: (o -~ ~ P3 Applicant: SSBT LCRE V, LLC
By: ~~ ~>~Lw~a tL
Robert Emslie
Title: VtcE P(t-P~•Se D~
Lettieri -SSBT LCRE V, LLC Tluee-Party Agreement
July 9, 2013 Page 14
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Exhibit A
Reference Date of Agreement: July 9, 2013
Effective Date of Agreement:
City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant:
Business Form of Consultant:
Anthony J. Lettieri. FAICP
(X) Sole Proprietorship
( ) Partnership
O Corporation
Address: 6077 Roselle Meadows Trail
San Diego, CA 92130
(619)540-7202
Applicant: SSBT LCRE V, LLC
Business Form of Applicants: OSole Proprietorship
( )Partnership
OCorporation
(~ Other: A California Limited Liability Company
Address: Meadow Lane, LLC
1392 E. Palomar Street, Suite 202
Chula Vista, CA 91913
1. Property (Commonly known address or General Description):
The applications generally cover the porfions ofthe Otay Ranch generally known as Otay Ranch
VIllages 3, 8 East and Y0. '
2. Project Description ("Project"):
The project is described in the August 17, 2010 Land Offer Agreement between JPB
Development and related entities and the City of Chula Vista
3. Entitlements applied for:
Chula Vista General Plan Amendments, a Chula Vista Multiple Species Conservation
Program Boundary Adjustment, Otay Ranch General Development Plan Amendments, and Resource
Lettieri - SSBT LCRE V, LLC Three-Parry Agreement
7uly 9, 2013
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Management Plan Amendments, Sectional Planning Area (SPA) Plans, and Tentative Subdivision
Maps.
4. General Nature of Consulting Services ("General Services"):
Process, under City procedures, the necessary planning applications for the entitlements listed
above, for the property known as Otay Ranch Villages 3, 8 East and 10. Consultant shall provide
services to Applicant for this proj ect as an extension of staff, under the direction of the Development
Services Director.
5. Detailed Scope of Work ("Detailed Services"): The Detailed Services to be provided aze
described below:
• Regularly meet with the Development Services Directoi and other appropriate city staff
to identify issues and develop recommendations related to the Applicant's project.
• Review all planning and policy documents that have an impact or aze related to the Otay
Ranch that set direction for the planning and processing of the Applicant's project,
including the General Plari, Otay Ranch General Development Plan, and other
development applications
• Manage the work product of all staff assigned to this project to ensure a comprehensive
approach to the identification and resolution of issues and the timely processing of this
project.
• Coordinate with all outside agencies to ensure that requirements and planning issues of
those agencies aze addressed in this planning process.
• Regularly meet with Applicant and Applicant's planning team to identify and resolve
issues, work on planning options, and coordinate all planning and development
processes.
• Prepare staff reports, Issue Papers and Matrix, and other working documents to
efficiently process all of the proposed applications.
• Process all discretionary applications for final approval. This would involve
interdepartmental coordination, preparation and presentation of all staff reports to the
Planning Commission and City Council.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
A detailed schedule will be completed as a part of this planning program. It is anticipated at
this time, that the completion date of this process will tentatively be scheduled for December 2014.
Notwithstanding the foregoing, the provisions of the LOA shall prevail with respect to the
completion date of the project.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for De&very of Deliverables:
Letrieri - SSBT LCRE V, LLC Three-Party Agreement
July 9, 2013
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Deliverables - To be developed by Consultant through the Development Services Director
7. Documents to be provided by Applicants to Consultant
( X) site plans (X) grading plans (X) azchitectural elevations (X) project description .
( X) other: Proposed General Plan and General Development Plan Amendment revised
' texts, including new/revised policies and supporting graphics. Proposed SPA Plans. and
Tentative Maps. Related technical studies.
8. Contract Administrators.
City: Gary Halbert, Development Services Director, City of Chula Vista Development
Services Department, 276 Fourth Avenue, Chula Vista, CA 91910, Phone: 619-691-5002.
'Applicant: Ranie L. Hunter, JPB Development, LLC., d 392 E. Palomar Street, Suite 202,
Chula Vista, CA 91913; Phone: 619-210-0566
Consultant: Anthony J: Lettieri, FAICP, 6077 Roselle Meadows Trail, San Diego, CA
92130. Phone:619-540-7202
9. Statement of>;conomic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(-)Not Applicable. Not an FPPC Filer.
(x) Category No. 1. Investments and sources of income.
(x) Category No. 2. Interests in real property.
O Category No. 3. Investments, interest in real properly and sources of income
subject to the regulatory, permit or licensing authority ofthe
depatment.
O Category No. 4. Investments in business entities and sources of income which
engage inland development, construction or the acquisition or
sate of real property.
O Category No. 5. Investments in business entities and scurces of income of the
type which; witluu the past two years, have contracted with
the City of Chula V ista (Redevelopment Agency) to provide
services, supplies, materials, machinery or equipment.
O Category No. 6. Investments in business entities and sources of uncome of the
type which, within the past two yeazs, have contracted with
the designated employee's department to provide services,
supplies, materials, machinery or equipment.
Lettieri - SSBT LCRE V, LLC Tluee-Party Agreement
July 9, ?013 Page 17
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(') Category No. 7. Business positions.
10. Insurance Requirements:
(X) Commercial General Liability: $1,000,000.
( )Automobile Liability: $1,000,000.
O V3orker's Compensation: Statutory -
(X) Employer's Liability: $1,000,000.
( )Errors and Omissions Liability: $2,000,000.
Lettieri - SSBT LCRE V, LLC Three-Party Agreement
July 9, 2013 Page 18
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Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the processing of the development
application,as outlined in Exhibit C; and
WHEREAS, the Applicant has entered into a sepazate Processing Agreement with the City
which defines requirements for replenishing and maintaining said deposit for Consultant and other
charges pursuant to this Agreement; and
WHEREAS; City and Applicant acknowledge that the Ciry will apply a fifteen percent (15%)
overhead rate to Consultant's invoices to cover City's provision of office space, equipment and
supplies to Consultant, and
WHEREAS, the City and Applicant agree that the Consultant has unique skills and expertise.
in that Consultant has worked on numerous projects for the City in the past, including the Otay
Ranch Project and because 5me is of the essence in order to comply with the schedule of the LOA,
the formal consultant selection process should be waived as impractical in order for the City's
interest to be materially better served by the retention of the Consultant for this project; and
WHEREAS, the Development Services Director has negotiated the details of this agreement
in.accordance with procedures set forth in the Chula Vista Municipal Code.
(End of Recitals)
Lettieri - SSBT LCRE V, LLC Three-Party Agreement
July 9, 20li
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Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( )Single Fixed Fee Arrangement.
- " For perfoririance 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:
O Single Fixed Fee Amount:
Milestone or Event Amount or Percent
of Fixed Fee
l_, .. ,
2.
3.
4.
5.
6.
7.
Sub-Total Fixed Fee Amount
Contingency Fee**
Total Fixed Fee Amount
()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 herein below ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicants shall have issued a notice to proceed to Consultant as to
said Phase.
Fee for Phase:
Said Phase:
Lettieri - SSBT LCRE V, LLC Three-Party Agreement
7uly 9, 2013
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(X) Time and Materials
For performance of the General and. Detailed Services of Consultant as herein required,
Applicants shall pay Consultant for the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth herein below according to the
following terms and conditions:
O 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").
( X) Limitation without Further Authorization on Time and Materials Arrangement
Consultant's base contract authorization for time and materials cost incurred is limited to
$1b2,000.00 (based- on 20 hours per week for 54 weeks at $150 per hour)("Base
Authorization Limit"). As a contingency, Consultant may be compensated for time and
materials costs incurred. beyond the Base Authorization Limit up to an additional twenty
'percent (20%), said amount being $32,400 ("Contingency Authorization Limit"). Consultant
is not entitled to any compensation under the Contingency Authorization Limit without
receiving advance approval of the Applicant, and express advance written authorization from
City's Director of Development Services. Consultant shall not be entitled to any additional
compensation beyond the Base and Contingency Authorization Limits without further
authorization issued in writing and approved by the by the City Council. Nothing herein
shall preclude Consultant from providing additional Services at Consultant's own cost and
expense.,
Consultant's Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
Principal-in-Charge Anthony J. Lettieri, FAICP $150.00
Sr. Associate
Sr. Associate
Associate
Arialyst
Support Staff
( )Hourly rates may increase by 6% for services rendered after
Materials Separately Paid For by Applicant -
Leftieri - SSBT LCRE V, LLC Three-Party Ageement
July 9, 20]3 ~ Page 21
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Cost or Rate
( )Materials Actual
' Reports
Copies
( X) Travel Actual
(X) Printing Actual
( X) Postage Actual
{ X) Delivery Actual
( X) Long Distance Telephone Charges Actual
( )Other Actual
Deposit
(X) Deposit Amount: $50,000.00 - As agreed by the Applicant, 100% of the Deposit $50 000)
is to be made by the effective date ofthis Agreement. Additional amounts shall be deposited
in accordance with the provisions ofthis Agreement or the Processing Agreementshouldthe
parties expressly intend for the provisions of said Processing Agreement to supersede the
provisions herein. In addition, Applicant agrees to deposit, within 10 days if City requests to
do so, a sum (estimated to be up to $_N/A~ for any additional services which shall
separately be paid for by the Applicant.
(X) Use of Deposit to Pay Consultant.
Notwithstandingthe sole duty and liability of Applicant to pay Consultant, ifthis 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. L`
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.
O Use of Deposit as Security Only; Applicants to Make Billing Payments.
Upon determination by Ciiy 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.
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( )Quarterly
( )Other: Milestone
Lettieri - SSBT LCR1; V, LLC Three-Party Agreement
July 9, 2013
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B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month '
( ) 15th Day of each Month
( )End of the Month
( )Other: Upon Completion of Milestone
C. City's Account Number:
D. Security for Performance
OPerformance Bond, $
OLetter of Credit, $
OOther Security:
TYPe~
Amount: $
O 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:
O Retention Percentage:
( )Retention Amount: $
Retention Release Event: _
( )Completion of All Consultant Services to the satisfaction of the Deputy
City Manager/Development Services Director
( )Monthly
( )Quarterly
( )Other: In accordance with the milestones provided herein.
Lettieri - SSBT LCRE V, LLC Tluee-Pally Agreement
July 9, 20li
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RESOLUTION NO. 2013-
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,
ANTHONY J. LETTIERI, FAICP -CONSULTANT, AND SSBT
LORE V, LLC -APPLICANT, FOR THE PROVISION OF
CONSULTING SERVICES RELATED TO THE APPLICANT'S
OTAY RANCH VILLAGES 3, 8 EAST AND 10 PROJECT,.AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT
WHEREAS, SSBT LORE V, LLC (Applicant) has filed applications for various
entitlements involving General Plan and Otay Ranch General Development Plan amendments,
Sectional Planning Area (SPA) Plans, Tentative Maps, and related Environmental Impact Reports,
for the Village 3, 8 East and 10 planning areas of Otay Ranch (Project); and
WHEREAS; consideration of the Project is related to terms of a Land Offer Agreement
(LOA). with JPB .(and subsequently SSBT LCRE V, LLC) approved on August 17, 2010, that
provides time certainty for processing the project entitlements within a 24=month period from the
time certain of when the Project applications are deemed complete; and
WHEREAS, processing of said Project within the LOA time period involves a series of
complex, interrelated activities that require dedicated project management and oversight, ahigh-
level of planning and management experience, and an in-depth familiarity and knowledge of the
Otay Ranch project; and
WHEREAS, the Assistant City Manager has, in consideration of overall workload,
determined that existing staff does not have available time to dedicate to managerrient of the
subject work given the processing timelines; and
WHEREAS, the Consultant has over 40 years of professional planning and .project
management experience and has worked for several municipalities in the San Diego region, as well
operated his own planning practice; and
WHEREAS, the Consultant has acquired an in-depth knowledge of Chula Vista, its
processes, the City's General Plan, and the Otay Ranch area having served as a City employee and
consultant project manager on a number of projects including: project manager for Rancho Del Rey
SPA I from1985 to 1987; manager of the multi-disciplinary,. joint City-County Otay Ranch project
team during preparation of the General Development Plan from 1990 to 1993; as a City employee
during 2003 and 2004 providing support in development of the City's General Plan update focusing
on land use; and as project manager for the SPA Plan and Tentative Map entitlements for the Otay
Ranch Eastern Urban Center during 2008 and 2009; and
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Resolution No.
Page 2
WHEREAS, the Consultant has been serving as the Project Manager on the Applicant's
project involving Villages 3, 8 East and 10 for the past several years; and
WHEREAS, it is in the City's best interest to waive 'the City's formal bidding process as
impractical, in that the City is in immediate need of an experienced person who is uniquely familiar
with the City's planning processes and the Otay Ranch in particular; and
WHEREAS, the Consultant is uniquely
Project, based on their experience and expertise
City of Chula Vista and in the Otay Ranch; and
qualified to serve as the project manager for the
in working on and managing projects within the
WHEREAS; the Consultant warrants and represents that they are experienced and staffed in
a manner such that they 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 the subject
agreement; and
WHEREAS, the Assistant City Manager has negotiated the details ofthe subject agreement
in accordance with applicable procedures pursuant to Chula Vista Municipal Code Chapter 2.56;
and
WHEREAS, pursuant to Chula Vista Municipal Code Section 2.56.070(B)(3) & (4), staff
recommends that the Council waive the formal bidding process and hire Consultant to perform the
,subject work; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
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
subject to CEQA. Thus, no environmental review is required.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista
that it waives the formal bidding process pursuant to Chula Vista Municipal Code Section
2.56.070(B)(3) & (4) and approves the Three Party Agreement between the City of Chula Vista,
Anthony J. Lettieri, FAICP, and SSBT LCRE V, LLG for consulting services related to the _
Project, in the form presented, as may have been modified by the Council prior to its approval
and with such minor modifications as may be required or approved by the City Attorney, a copy
ofwhich shall be kept on file in the Office of the City Clerk., and authorizes and directs the City
Manager to execute same.
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Resolution No.
Page 3
Presented by
Gary Halbert , AICP, PE
Assistant City Manager
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