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HomeMy WebLinkAboutReso 2003-303RESOLUTION NO. 2003-303 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXPEDITING THE PROCESSING OF OTAY RANCH GENERAL DEVELOPMENT PLAN VILLAGE 7 SECTIONAL PLANNING AREA ENTITLEMENTS, IN SUPPORT OF THE ACQUISITION AND DEVELOPMENT OF HIGH SCHOOL//13 BY THE SWEETV4ATER UNION HIGH SCHOOL DISTRICT, WAIVING THE FORMAL BID REQUIREMENTS FOR THE ASSOCIATED ENVIRONMENTAL CONSULTING SERVICES AND EXTENSION-OF-STAFF PROFESSIONAL PLANNING SERVICES, AND AUTHORIZING THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER TO ENGAGE SAID SERVICES BEFORE STAFF RETURNS TO COUNCIL TO FORMALIZE THE AGREEMENT EXCEEDING $50,000 WHEREAS, Chula Vista Municipal Code Section 2.56.070.B.3. ("City Council Waiver") states, in full, "Contracts for which it is determined by resolution of the City Council that the competitive bidding requirements as applied to that comract are impractical, impossible or that city interests would be materially better served by applying a different purchasing procedure ap ~mved by the purchasing agent as being consistent with good purchasing practices"; and WHEREAS, an urgency exists to determine the suitability of a site or sites within Village 7 of the Otay Ranch Development Plan for use as the location for a high school by the Sweetwater Union High School District, which seeks such determination on or before July 1, 2004; and WHEREAS, a final determination of the suitability of the potential site can only be made by the completion of a Sectional Planning Area plan pursuant to the provisions of the Municipal Code and the Otay Ranch Development Plan, accompanied by an environmental analysis conducted pursuant to the California Environmental Quality Act; and WHEREAS, the delay in the construction of the high school would be detrimental to material City interests since the orderly provision of needed public facilities at appropriate locations is both efficient and supportive of the general public welfare; and WHEREAS, modification of the purchasing process involving particularly the procurement of two separate developer-funded professional services contractors, one for the preparation of environmental documents pursuant to the California Environmental Quality Act and a second to provide extension-of-staff professional planning services could allow those procurements to be completed up to sixty days faster than the process prescribed by Chula Vista Municipal Code Sections 2.056.080 and 2.056.110, while nevertheless being consistent with good purchasing practices by maintaining adequate opportunity to the selection process for all qualified bidders; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the processes as required by Chula Vista Municipal Code Sections 2.056.080 and 2.056.110 for the procurement of an environmemal consultant and an extension- of-staff professional planning services to be used in the review of the Sectional Planning Area Resolution 2003-303 Page 2 plan for Village 7 of the Otay Ranch General Development Plan, substituting that process outlined in Exhibit A attached hereto; and BE IT FURTHER RESOLVED that the City Council authorizes such environmental consultant and extension-of-staff professional planning services consultant to begin work upon adoption of this resolution and in advance of the execution of the final contract documents on basis of a purchase orders issued by the Purchasing Agent in an amount not to exceed $50,000 for each contractor; and BE IT FURTHER RESOLVED that the City Council directs that contracts for each contractor be returned to the City Council for final approval; and BE IT FURTHER RESOLVED that the City Council declares that nothing herein obligates the City to process the Otay Ranch General Development Plan Village 7 Sectional Planning Area entitlements in the proposed time frame and the City Council retains its full and sole discretion as to all actions and approvals which may be necessary for the processing of said entitlements. Presented by Approved as to form by d Build'm~g Director Ann Moore City Attorney Resolution 2003-303 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, C~ifomia, this 15th day of July, 2003, by the follow'rog vote: ATTEST: Councilmembers: Councilmembers: Councilmembers: Councilmembers AYES: NAYS: ABSENT: ABSTAIN: Davis, McCann, Salas and Padilla None None Rindone dilla, Mayor STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CI'-'Y OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-303 was duly passed, approved, and adopted by the City Council at a regalar meeting of the Chula Vista City Council held on the 15th day of July, 2003. Executed this 15th day of July, 2003. Exhibit A Substituted Environmental Consultant Procurement and Extension of Staff Professional Planning Services Procedure Otay Ranch General Development Plan Sectional Planning Area Plan for Village 7 A. The following steps and procedures will be used in procuring environmental consulting services for the processing of the Otay Ranch General Development Plan Sectional Planning Ar:a Plan for Village 7. 1. The City shall prepare a Request for Qualifications (RFQ) that briefly describes the project in broad terms with regards to location, governing documents, entitlements required and the kinds of land uses which would likely make up the final project description. The RFQ shall specify that a Statement of Qualifications (SOQ) shall be submitted for a team which would include general analysis and report preparation and such specialty analysts as are likely to be required, including but not limited to traffic, noise and other technical specialties. 2. The RFQ shall be distributed to the City ofChula Vista's existing list of qualified environmental consulting firms. Responses to the SOQ solicitation shall be due 2 weeks after they are distributed. 3. Consultant selection team shall be designated by the City Manager from among management staff of the City, to include but not be limited to the City's Environmental Review Coordinator, the City Engineer or designee, and the Acting Director of Planning and Building or designee. The consultant selection team shall review the SOQ's received and on basis of the capability to provide the services sought shall select a respondent who is best qualified and initiate negotiation of a contract to prepare the necessary analysis and documentation pursuant to the California Environmental Quality Act. The selection team shall endeavor to commence such contract negotiations within one week of the deadline for submittal of SOQ's. The project applicant shall be consulted on the selection of the consultant, however shall have no authority to reject or modify firms or individuals selected by the selection team, nor shall the project applicant have authority to an require amendments or modifications to any contract which is negotiated with the selected consultant. At all steps throughout the process, prospective contractors will be made aware that the final approval of the contract will be made by the City Council. 4. The selected Consultant may immediately be given authorization by the City Manager, prior to the approval of the contract by the City Council, and at the Manager's sole discretion, to begin work on the environmental analysis on a time and materials basis not to exceed $50,000, during such time as the scope of work and contract are being finalized. The selected contractor will be prohibited from billing time and costs associated with negotiating and finalizing the contract. 5. The final contract and scope of work shall be prepared using the City of Chula Vista three party contract form and shall be approved by the City Attorney's office. This contract will be subject to approval by the City Council. The City Manager, Consultant firm and the project applicant shall execute the final contract. B. The following steps and procedures will be used in procuring extension of staff professional planning services for the processing of the Otay Ranch General Development Plan Sectional Planning Area Plan for Village 7. 1. The City shall prepare a Request for Qualifications (RFQ) that briefly describes the project in broad terms with regards to location, governing documents, entitlements required and the kinds of land uses which would likely make up the final project description. The RFQ shall specify that a Statement of Qualifications (SOQ) shall be submitted for a tean~ which would include individuals or teams capable of preparing the necessary studies and documents and to process the project under the supervision and with the participation of City of Chula Vista staff. 2. The RFQ shall be distributed to planning consulting firms known to the City of Chula Vista's and via such other means as to provide a broad selection of qualified potential contractors. Responses to the SOQ solicitation shall be due 2 weeks after they are distributed. 3. Consultant selection team shall be designated by the City Manager from among management staff of the City, to include but not be limited to the City's Environmental Review Coordinator, the City Engineer or designee, and the Acting Director of Planning and Building or designee. The consultant selection team shall review the SOQ's received and on basis of the capability to provide the services sought shall select a respondent who is best-qualified and initiate negotiation of a contract to prepare the necessary analysis and documentation. The selection team shall endeavor to commence such contract negotiations within one week of the deadline for submittal of SOQ's. The project applicant shall be consulted on the selection of the consultant, however shall have no authority to reject or modify firms or individuals selected by the selection team, nor shall the project applicant have authority to an require amendments or modifications to any contract which is negotiated with the selected consultant. At all steps throughout the process, prospective contractors will be made aware that the final approval of the contract will be made by the City Council. 4. The selected Consultant may immediately be given authorization by the City Manager, prior to the approval of the contract by the City Council, and at the Manager's sole discretion, to begin work on the environmental analysis on a time and materials basis not to exceed $50,000, during such time as the scope of work and contract are being finalized. The selected contractor will be prohibited from billing time and costs associated with negotiating and finalizing the contract. The final contract and scope of work shall be prepared using the City of Chula Vista three party contract form and shall be approved by the City Attorney's office. This contract will be subject to approval by the City Council. The City Manager, Consultant firm and the project applicant shall execute the final contract. H:\PLANNING\JirnH\071503CouncilV7\RESOV7WkPgmFin.doc