Loading...
HomeMy WebLinkAboutReso 1987-12951 Revised 3/20/87 RESOLUTION NO. 12951 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDED CONTRACT BETWEEN THE CITY OF CHULA VISTA AND WILLIAM F. HEITER, SENIOR PLANNER, FOR CONSULTANT SERVICES FOR THE PREPARATION OF THE DRAFT MONTGOMERY SPECIFIC PLAN The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on February 18, 1986, by Resolution No. 12383 the City Council authorized the employment of Mr. William F. Heiter as the contract senior city planner for the preparation of the Draft Montgomery Specific Plan, and WHEREAS, Mr. Heiter's contract of employment expires on April 1, 1987, and WHEREAS, it is estimated that the completion of the Draft Montgomery Specific Plan will require an additional nine months of service by Mr. Heiter, and WHEREAS, the proposed extension incorporates a request that Mr. Heiter's annual compensation be increased by 5% from $35,000 to $36,750. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve that certain Amended Contract between the City of Chula Vista and William F. Heiter, Senior Planner, for consultant services for the preparation of the Draft Montgomery Specific Plan, dated the 24th day of March, 1987, a copy of which is attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Approved Ds to form by Ge%rge Krempl, ~irector of Thomas J. Harron, City Attorney Planning 2684a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th d(~y of. March 19 87 , by the following vote, to-wit: AYES: Councilmembers Cox, Moore, Nader NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci lmembers Malcolm, McCandli ss ATTEST ~/ _ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove and foregoing is o full, true ond correct copy of RESOLUTION NO. 12951 ,ond thor the some hos not been amendedor repealed DATED City Clerk O.w OF CHULA VISTA CC-660 CONTRACT FOR PLANNING SERVICES WHEREAS, the City of Chula Vista is presently in need of professional planning assistance for the preparation of a Draft Specific Plan for the Montgomery Community; and, WHEREAS, Mr. William F. Heiter, a Senior Planner in the service of the San Diego County Department of Planning and Land Use has worked on and supervised City planning and zoning projects and programs within the Montgomery Community for several years, and is knowledgeable and conversant on the planning which confront this area; and, WHEREAS, the City of Chula Vista desires to retain Mr. William F. Heiter for the performance of services as are hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista and Mr. William F. Heiter, planning consultant, do hereby mutually agree as follows: I. PARTIES The parties to this agreement are the City of Chula Vista, a municipal corporation {hereinafter referred to as "CITY"; and Mr. William F. Heiter, a planning consultant (contract planner), who is hereinafter referred to as "CONSULTANT." II. INTENT OF THE PARTIES It is the intent of the CITY and CONSULTANT that CONSULTANT accept the primary professional responsibility for the formulation and composition of a Draft Specific Plan for the Montgomery Community. CONSULTANT's obligation shall include his representation of the CITY at various meetings, presentations, and hearings. CONSULTANT shall attend all meetings and hearings of the Chula Vista City Council, the Chula Vista City Planning Commission, and the Montgomery Planning Committee, where the subject of the meetings or hearings is the Draft Specific Plan. III. SCOPE OF WORK A. The CONSULTANT shall, under the general direction of the Director of Planning of the CITY, and the general line guidance of the Principal Planner of the Advance Planning Division of the CITY, undertake and complete land use, land occupancy, circulation, public facility, demographic, social and economic, and related planning studies and surveys; evaluate the data, information, and findings produced under the said studies and surveys; make land use and population forecasts; and, prepare a Draft Specific Plan for the Montgomery Community. The Draft Specific Plan called for under the terms of this agreement shall be an intermediate-level plan, and shall provide a direct linkage or bridge between the Chula Vista General Plan and the CITY's regulatory plans, as exemplified by its zoning and subdivision ordinances. The Draft Specific Plan shall be compliant with the provisions of Chapter 19.07 of the Chula Vista Municipal Code, and those of Article 8, Chapter 3 of the State Planning and Zoning Law (Government Code), as amended. Furthermore, the Draft Specific Plan called for under this agreement shall be, in substance and format, a large-scale, detailed version of the Chula Vista General Plan, as this plan applies to the Montgome~ Community. The Draft Specific Plan, where practicable and supportable, shall include and incorporate its own implementation program, which would take precedence over the underlying zoning requirements, where the latter are silent, or in conflict with specific plan provisions. The Draft Specific Plan shall be prepared in a professional manner, and shall contain the requisite text, plan diagram, and graphics for its adoption, effective public and private use, and methodical amendment. The primary objective of the Draft Specific Plan prescribed by this agreement are the orderly growth, development, economic progress, and conservation of the Montgomery Community, which is hereby defined as those settlements within the Castle Park, Otay, Harborside, Broderick Acres, Woodlawn Park, Fairfield, and Faivre neighborhoods which were annexed to the City of Chula Vista on December 31, 198§. B. The CONSULTANT shall regularly consult with the Director of Planning and the Principal Planners of the Advance and Current Planning Divisions of the CITY, in order to facilitate the preparation of the studies, surveys, and plan prescribed by the above subsection of this agreement. IV. OBLIGATIONS OF THE CITY A. The CITY shall provide the CONSULTANT at the CITY's own expense the following: 1. Work space with telephone, filing cabinet(s), and furniture. 2. Office supplies and printing and duplicating services. 3. Typing services. B. The Principal Planner of the Advance Planning Division shall assign an Associate or Assistant Planner to the service of the CONSULTANT, and shall, upon request, provide the CONSULTANT technical assistance. The said Principal Planner shall also. on a time-available basis, provide the CONSULTANT personal, professional guidance and advice. C. The CITY shall defray the cost of the publication of the Draft Specific Plan and related studies and surveys. -2- V. COORDINATION OF PROJECT WORK Pursuant to this agreement, CITY shall authorize CONSULTANT to coordinate and expedite, subject to the concurrence of the Director of Planning, all work called for under this agreement with CITY departments and other governmental agencies. VI. ADMINISTRATION OF CONTRACT The CITY hereby designates the Director of Planning as the CITY's representative in the review and administration of the work performed by CONSULTANT pursuant to the terms of the Scope of Work. The parties acknowledge that the Scope of Work may be updated and/or amended from time to time as work progresses. VII. PROJECT SCHEDULE AND COMPLETION DATES All of the tasks assigned to the CONSULTANT under the terms of this agreement should be completed by December 31, 1987, unless the completion date is extended by a new or amended agreement between all parties. VIII. ACCESS TO FACILITIES The CITY shall permit access to its facilities, files and records by CONSULTANT throughout the term of the contract. IX. TERM This agreement shall become effective upon execution as authorized by the Mayor of the CITY, or his designee, and shall terminate, if not extended by all parties, on December 31, 1987. X. COMPENSATION The compensation to be paid by CITY to CONSULTANT for the work called for under this agreement shall be $27,125.00. CONSULTANT shall submit monthly invoices to the Director of Planning of the CITY. Payment shall be made to CONSULTANT within thirty (30) days. The CITY agrees to pay the total sum billed by the CONSULTANT each month for the duration of this agreement. The CONSULTANT shall not receive retirement benefits, paid vacations, or other fringe benefits. XI. INTEREST OF CONSULTANT CONSULTANT presently has no business relationship with any persons or firms doing business within the Chula Vista Planning Area which would constitute a conflict of interest, or give the appearance of such conflict. -3- XII. TERMINATION OF AGREEMENT FOR CAUSE If, through any cause, CONSULTANT shall fail to fulfill in a timely and proper manner his obligations under this agreement, or if CONSULTANT shall violate any of the covenants, agreements, or stipulations of this agreement, CITY shall have the right to terminate this agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by CONSU£TANT shall, at the option of the CITY, become the property of the CITy, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Paragraph X hereinabove. XIII. TERMINATION FOR CONVENIENCE OF CITY CITY may terminate this agreement at any time and for any reason by giving specific written notice to CONSULTANT of such termination and specifying the effective date thereof, at least thirty (30} days before the effective data of such termination. In that event, all finished and unfinished documents and other materials described in Paragraph XII hereinabove shall, at the option of CITY, become CITY's sole and exclusive property. If the agreement is terminated hy CITY as provided in this paragraph, CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. CONSULTANT hereby expressly waives any and all claims for damages or compensation arising under this agreement except as set forth in Paragraph X hereinabove in the event of such termination. XIV. ASSIGNABILITY CONSULTANT shall not assign any interest in this agreement, and shall not transfer any interest in the same {whether by assignment or novation), without prior written consent of CITY. XV. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials for 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, copy rights, 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 (as may be 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. -4- XVI. CHANGES CITY may from time to time require changes in the scope of the services by CONSULTANT to be performed under this agreement. Such changes, including any increase in the amount of CONSULTANT's compensation, which are mutually agreed upon by CITY and CONSULTANT, shall be effective as amendments to this agreement only when in writing. IN WITNESS WHEREOF, CITY, and CONSULTANT have executed this Contract for planning services (agreement) this 24th day of March , 1987 . CITY OF CHULA VISTA Gregory,. ~ox, Mayor CONSULTANT William F. Heiter, Planning Consultant (Contract P1 anner) WPC 2536P -5- x ? /