HomeMy WebLinkAboutReso 2022-228 DocuSign Envelope ID: B3EEA9BB-OE1D-44C8-88D7-DO143E7B5E4C
RESOLUTION NO. 2022-228
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
ENTER INTO A THREE-PARTY EXCLUSIVE NEGOTIATING
AGREEMENT WITH SAN DIEGO METROPOLITAN TRANSIT
SYSTEM AND BAYVIEW POINT, LLC; AND APPROVING A
CONSULTANT SERVICES AGREEMENT BETWEEN THE
CITY AND KEYSER MARSTON ASSOCIATES, INC. TO
PROVIDE NEGOTIATION AND TRANSACTION
STRUCTURING SERVICES
WHEREAS, the City of Chula Vista (City) is the legal owner of approximately six acres
of real estate located at 707 F Street in Chula Vista and the San Diego Metropolitan Transit System
(MTS)is the legal owner of approximately four acres of real estate located at 750 E Street in Chula
Vista; and
WHEREAS, 707 F Street served as the City's Public Works Corporation Yard up until
approximately 1999 and has been utilized with temporary uses since; and
WHEREAS, improvements to the City-owned 707 F Street site outlived their useful life
and demolition of the site was completed in the last two years; and
WHEREAS, the MTS-owned site at 750 E Street is underutilized in that it is developed as
the E Street Transit Station with surface parking, bus terminals, and a coffee shop; and
WHEREAS, the City and MTS desire to jointly solicit developer proposals for the
development of City-owned 707 F Street and MTS-owned 750 E Street; and
WHEREAS, in December 2020 the City Council authorized the City Manager to
coordinate with MTS to prepare and release a Joint Request for Qualifications/Request for
Proposals (Joint RFQ/RFP); and
WHEREAS,in April 2020 the City released a Joint RFQ/RFP to identify the most qualified
development teams that would develop a high-quality project with seamless planning and design
across the nearly ten acres; and
WHEREAS,during the Joint RFQ/RFP solicitation period a California State Assembly Bill
(AB) 1486,known as the Surplus Land Act,was signed into law,which effectively halted the Joint
RFQ/RFP solicitation given that the law mandates that surplus land must first be offered for sale
or lease to affordable housing developers through a written notice of availability sent to all entities
that are on the list of affordable housing developers maintained by the State Department of
Housing and Community Development; and
DocuSign Envelope ID: B3EEA9BB-OE1D-44C8-88D7-DO143E7B5E4C
Resolution No. 2022-228
Page No. 2
WHEREAS, in late 2021 a legislative amendment in the form of Senate Bill (SB) 51 was
signed into law, which created a legislative carve-out of the Surplus Land Act, which allowed the
City and MTS to revive its Joint RFQ/RFP solicitation irrespective of the noticing and negotiation
process included in the Surplus Land Act, as long as development of the land meets other criteria,
such as providing the minimum level of affordable housing required by the Surplus Land Act; and
WHEREAS, at the conclusion of the revived Joint RFQ/RFP solicitation period the City
and MTS weighed the economic impact anticipated to be created with each proposal; including
but not limited to: job creation, sales tax revenue generation, transient occupancy tax revenue
generation, property tax revenue generation, and the overall intensification of land use as
envisioned by the planning documents governing the sites; and
WHEREAS, in consideration of the foregoing, City staff recommends the selection of
Bayview Point, LLC as the designated developer to exclusively work with City and MTS staff on
a refined development project for City-owned 707 F Street and MTS-owned 750 E Street; and
WHEREAS, the City and MTS require the services of a professional firm to assist with
evaluating the refined development proposal, as well as negotiations with the selected developer
and structuring the transactions with each agency; and
WHEREAS, staff has identified Keyser Marston Associates, Inc. as uniquely qualified to
provide these professional services based on having participated in the Joint RFQ/RFP solicitation
process as a consultant to the City since the process began in 2018; and
WHEREAS, based upon the above-described qualifications, performance capabilities and
experience, and the substantial work that Keyser Marston Associates, Inc. has already performed
for City under separate but related contracts regarding the Joint RFQ/RFP solicitation for City-
owned 707 F Street and MTS-owned 750 E Street, City has determined that Consultant is uniquely
qualified to perform the required services and waives the City's competitive bidding requirements
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 by the City Council of the City of Chula Vista,
that it hereby authorizes the City Manager or his/her designee to enter into a three-party Exclusive
Negotiating Agreement(ENA)with San Diego Metropolitan Transit System (MTS) and Bayview
Point, LLC for the development of City-owned 707 F Street and MTS-owned 750 E Street in the
form presented, with such minor modifications as may be required or approved by the City
Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and
directs the City Manager to execute the same.
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Resolution No. 2022-228
Page No. 3
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
hereby:
1. Finds with respect to the proposed two-party agreement between the City and
Keyser Marston Associates, Inc. for real estate negotiation and transaction
structuring services (Agreement), 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 Keyser Marston Associates, Inc. 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 Consultant Services Agreement, between the City and Keyser
Marston Associates, Inc., in the form presented, with such minor modifications as
may be required or approved by the City Attorney, a copy of which shall be kept
on file in the Office of the City
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID: B3EEA9BB-OE1D-44C8-88D7-DO143E7B5E4C
Resolution No. 2022-228
Page No. 4
Presented by Approved as to form by
DocuSigned by: DocuSigned by:
EE,
2FC559998BD74C4_. CF406508504446F...
Eric C. Crockett Glen R. Googins
Deputy City Manager/Director of Economic City Attorney
Development
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of October 2022 by the following vote:
AYES: Councilmembers: Cardenas,Galvez,McCann,Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
DocuSigned by:
JA"
062BFD7C0386456.,.
Mary Casillas Salas, Mayor
ATTEST:
E1ppDocuSigned by:
,3074D104EAF342E
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. 2022-228 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 18th day of October 2022.
Executed this 18th day of October 2022.
DocuSigned by:
3074D104EAF342E...
Kerry K. Bigelow, MMC, City Clerk