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HomeMy WebLinkAboutReso 2003-469RESOLUTION NO. 2003-469 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FOUR-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, DAVID EVANS AND ASSOCIATES, INC. (CONSULTANT), OTAY PROJECT, LP (APPLICANT), AND MCMILLIN OTAY RANCH, LLC (APPLICANT), RELATED TO PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE 7 SECTIONAL PLANNING AREA PLAN AND TENTATIVE MAPS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on July 15, 2003, the City Council directed staff by resolution to: 1) expedite the processing of Otay Ranch General Development Plan Village 7 Sectional Planning Area (SPA) entitlements; 2) waive the formal bid requirements for the environmental consultant for the preparation of the Environmental Impact Report (EIR) for Village 7; and 3) authorize the Purchasing Agent to issue a purchase order not to exceed $50,000 for the environmental consultant to begin work on the EIR prior to staff returning to Council to formalize the agreement with the consultant; and WHEREAS, the applicant has submitted an application for the processing of the Village 7 SPA and tentative maps; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the Environmental Review Coordinator has determined that the proposed project requires the preparation of an EIR; and WHEREAS, it was determined by the Director of Planning and Building that staff has neither the available time or expertise to perform the subject work; and WHEREAS, the Environmental Review Coordinator issued a request for Statements of Qualifications (SOQ) environmental consulting services pertaining to the proposed project; and WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the Municipal Code to review the qualifications and conduct interviews of the most qualified firms based on established evaluation criteria; and WHEREAS, the Selection Committee interviewed the top two firms and recommended DEA Inc. to perform the required services for the City; and WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with the Environmental Review Procedures; and e WHEREAS, the applicant has deposited or will deposit funds for the consulting services necessary for the preparation of the environmental documents; and WHEREAS, DEA Inc. is uniquely qualified to serve as the Environmental Consultant for this contract based on their familiarity with the project and project site, demonstrated ability to perform while working as a consultant to the City on this and other projects, their familiarity Resolution 2003-469 Page 2 with project requirements, and proven ability to work with and interpret modeling data provided by the San Diego Association of Governments; and WHEREAS, DEA Inc. represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City of Chula Vista within the necessary timeframes; and WHEREAS, the proposed contract with DEA Inc. to provide consultant services would be in an amount not to exceed $156,540 with an additional $20,000 for optional tasks identified in the scope of work and $39,135 for additional services should they be necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the four-party agreement between the City of Chula Vista; David Evans & Associates, Inc., Otay Project, LP, and McMillin Otay Ranch, LLC to prepare an EIR for the Village 7 SPA and Tentative Map's. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presemed by Approved as to form by / Jan~s D. Sandovar~ (.~Snn'mg and Building Director Ann Moore City Attorney Resolution 2003-469 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November, 2003, by the following vote: ATTEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, McCann, Rindone, Salas and Padilla None None Stephen ~. Padilfa, Mayor Susan Bigelow, CMC, City L°lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-469 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 November, 2003. Executed this 18th day of November, 2003. Susan Bigelow, CMC, City Clerk