HomeMy WebLinkAboutReso 2022-044RESOLUTION NO. 2022-044
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CITY’S CONSULTANT
SELECTION PROCESS, APPROVING A LEGAL SERVICES
AGREEMENT BETWEEN THE CITY AND STRADLING,
YOCCA, CARLSON & RAUTH FOR ASSISTANCE WITH
NEGOTIATIONS OF A MASTER DEVELOPMENT
AGREEMENT WITH HOMEFED CORPORATION AND
RELATED UNIVERSITY/INNOVATION DISTRICT
PROJECT MATTERS, AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, City desires to attract and locate a multi-institutional, bi-national university
in Eastern Chula Vista on 383.7 acres of City-owned land (“University-Innovation District”)
which is located adjacent to 432.9 gross acres of land that comprise Villages 9 and 10 under the
ownership of HomeFed Development Corporation (“HomeFed”) the uniquely qualified
developer of which City is evaluating a development partnership with to facilitate the
development of the University-Innovation District on a combined-ownership area of
approximately 560 developable acres across 816.6 gross acres (“Project”); and
WHEREAS, on June 8, 2020, the University Subcommittee authorized staff to draft a Master
Development Agreement (“MDA”) with HomeFed for City Council consideration to continue to
make tangible and expeditious progress towards reaching an amicable term sheet and subsequent
resulting agreements for the development of the Project; and
WHEREAS, due to limited resources and the time and expertise that it will take to
negotiate, structure and draft an MDA for the Project, the City Attorney’s Office requires
additional legal resources; and
WHEREAS, back in 2014, when the City and HomeFed were working together to negotiate
the terms for a similar form of agreement for the development of the Project, the City Attorney’s
Office went through an extensive Request for Qualifications/Proposals (“RFQP”) process for legal
assistance, resulting in proposals from eleven (11) attorneys/law firms from around the state; and
WHEREAS, at that time, the City’s selection committee chose, and the City hired, the law
firm of Stradling, Rocca, Carlson & Rauth (“Stradling”) to perform the required legal services;
and
WHEREAS, although that transaction did not proceed, the Stradling firm provided
exemplary services and developed a substantial in-house knowledge of the Project; and
WHEREAS, the Stradling firm continues to have the high-quality expertise and experience
necessary to advise the City with respect to the Project, including substantial familiarity with the
Project and the workings of City government; and
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Resolution No. 2022-044
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WHEREAS, based upon the above-described qualifications, performance capabilities and
experience, and the substantial work that Consultant has already performed for City under a
separate but related contract regarding the Project, City has determined that Stradling is uniquely
qualified to perform the required services pursuant to Chula Vista Municipal Code Section
2.56.070(B)(3) (City’s interests are better served by an alternative procurement mechanism) and
2.56.070.B(4) (sole source exemption).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista,
hereb y:
1. Finds with respect to the proposed Legal Services Agreement (“Agreement”) between the
City and Stradling, Yocca, Carlson and Rauth (“Stradling”), based on the facts set forth
above, that City’s interests are better served by an alternative procurement mechanism
(per CVMC 2.56.070(B)(3)) and that Stradling is uniquely qualified to perform the
proposed services (per CVMC 2.56.070.B(4)), and therefore waives the City’s
consultant selection process with respect to the Agreement; and
2. Approves the Agreement in the form presented, with such minor modifications as may
be required or approved by the City Attorney, a cop y of which shall be kept on file in
the Office of the Cit y Clerk; and
3. Allocate $150,000 from the funds to be contributed by HomeFed Village III
Master, LLC per the Development Agreement approved by City Council on July
13, 2021 by Ordinance No. 3505 for purposes of funding the Agreement (4/5 Vote
Required).
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Resolution No. 2022-044
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Presented by Approved as to form by
Glen R. Googins Glen R. Googins
City Attorney City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of February 2022 by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2022-044 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 15th day of February 2022.
Executed this 15th day of February 2022.
Kerry K. Bigelow, MMC, City Clerk
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