HomeMy WebLinkAboutAgenda Packet 2005/06/28
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CITY OF
CHULA VISTA
Stephen C. Padilla, Mayor
Deputy Mayor Patty Davis Councilmember John McCann
Councilmember Jerry R. Rindone Councilmember Steve Castaneda
David D. Rowlands, Jr., City Manager
Ann Moore, City Attorney
Susan Bigelow, City Clerk
ADJOURNED REGlJLAR MEETING OF THE CITY COUNCIL
AGENDA
June 28, 2005
6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate. the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
CONSENT CALENDAR
(Items 1 through 2)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
this item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
1 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR
ENVIRONMENTAL SERVICES ON THE GENERAL PLAN UPDATE WITH
RECON, WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO THE AGREEMENT FOR
FINANCIAL CONSULTING SERVICES ON THE GENERAL PLAN UPDATE WITH
ECONOMIC RESEARCH ASSOCIATES, WAIVING THE FORMAL CONSULTANT
SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR
TRANSPORTATION SERVICES ON THE GENERAL PLAN UPDATE WITH
KIMLEY HORNE & ASSOCIATES, WAIVING THE FORMAL CONSULTANT
SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO THE AGREEMENT FOR GROWTH
MANAGEMENT CONSULTING ON THE GENERAL PLAN UPDATE WITH
ECONOMICS & PLANNING SYSTEMS, INC., WAIVING THE FORMAL
CONSULTANT SELECTIQN PROCESS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR LEGAL
SERVICES ON THE GENERAL PLAN UPDATE WITH FOX AND SOHAGI, LLP,
WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
After receiving substantial public comments during the public review period and at the
Planning Commission public hearing on the General Plan Update (GPU) documents, the
City extended the GPU to consider and respond to comments, and to revise and re-
circulate the associated Draft Environmental Impact Report. Due to the unforeseen
extension and duration of the GPU process, additional consulting services are needed
beyond the scope of current contracts. Adoption of the resolutions approves amendment
of five consultant contracts, and related budget actions to take the General Plan Update
through completion in calendar year 2005. (Director of Planning and Building)
Staff recommendation: Council adopt the resolutions.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PAYMENT OF $106,881 TO THE COUNTY OF SAN DIEGO
FOR THE CITY'S SHARE OF THE OTAY RIVER WATERSHED MANAGEMENT
PLAN FROM THE EXISTING EXPENDITURE BUDGET OF THE PLANNING AND
BUILDING DEPARTMENT (Continued from June 21, 2005)
As a member of the Joint Exercise Powers Agreement, with an interest in the Otay River,
the City is responsible for its share of the cost for a watershed management plan. As the
lead agency, the County of San Diego presented the City with an invoice for said plan.
(Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda
June 28, 2005
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
3. CITY MANAGER'S REPORTS
4. MAYOR'S REPORTS
5. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
6. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6
. Agency designated representatives: Sharon Marshall, Marcia Raskin, David D.
Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo
. Employee organizations: Police Officers Association, Chula Vista Employees
Association, International Association of Fire Fighters, Western Council of
Engineers
ADJOURNMENT to the Regular Meeting of July 12, 2005, at 6:00 p.m. in the Council
Chambers.
Page 3 - Council Agenda June 28, 2005
Item No.:
Meeting Date: 6/28/05
COUNCIL AGENDA STATEMENT
ITEM TITLE: Report regarding necessary amendments to select consulting contracts for
the General Plan Update, and adjustments to the General Plan Update budget, related to the
extended public input and re-circulation of the Draft General Plan and Draft Environmental Impact
Report.
Resolution of the City Council of the City of Chula Vista approving
the First Amendment to the Agreement for Environmental Services on the General Plan
Update with RECON, waiving the formal consultant selection process, and authorizing the
Mayor to execute said Amendment.
Resolution of the City Council of the City of Chula Vista approving
the Second Amendment to the Agreement for Financial Consulting Services on the General
Plan Update with Economic Research Associates, waiving the formal consultant selection
process, and authorizing the Mayor to execute said Amendment.
Resolution of the City Council of the City of Chula Vista approving
the First Amendment to the Agreement for Transportation Services on the General Plan
Update with Kimley Horn & Associates, waiving the formal consultant selection process,
and authorizing the Mayor to execute said Amendment.
Resolution of the City Council of the City of Chula Vista approving
the Second Amendment to the Agreement for Growth Management Consulting on the
General Plan Update with Economics & Planning Systems, Inc., waiving the formal
consultant selection process, and authorizing the Mayor to execute said Amendment.
Resolution of the City Council of the City of Chula Vista approving
the First Amendment to the Agreement for Legal Services on the General Plan Update with
Fox and Sohagi, LLP, waiving the formal consultant selection process, and authorizing the
SUBM:7;~t:~ec::::::::~:: & BUildin~
Director of Engineering ~ l'
REVIEWED BY: City Manager :(;J 4/5THS VOTE: YES No X
SUMMARY:
In December 2004, the City released the Draft General Plan Update (GPO) document and the
related Draft Environmental Impact Report (DEIR) for a formal 45-day public review. During that
period, and at the February 14, 2005, Planning Commission public hearing to close comments on
the DEIR, substantial public comments were received. It was subsequently determined that the
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Item No.: ~
Meeting Date: 6/28/05
City would extend the GPU review to further consider and respond to comments, and to revise and
re-circulate the DEIR. Due to these unforeseen events, the duration of the General Plan update
process has been extended, necessitating the use of additional consulting services beyond the scope
of current contracts. This staff report is requesting the amendment of five consultant contracts, and
related budget actions to take the General Plan Update through completion in calendar year 2005.
RECOj\1MENDATION:
That Council; (I) accept the report, and (2) adopt the five resolutions approving the requested
amendments to five consulting contracts.
BOARD/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On November 6, 2001, staff presented Council with the original General Plan Update (GPU) work
program and staffing request, as well as the capital improvement program budget request. Council
Resolution 2001-376 approved $992,130 in funding for this budget from multiple sources. This
included approximately $875,000 for various consulting services. Staff was also able to collect
$177,132 from private developers to pay for their share of General Plan Update costs related to
inclusion and evaluation of requested General Plan and Otay Ranch General Development Plan
amendments for their land holdings as part of the comprehensive GPu.
After extensive work over a three-year period, in December 2004, staff released the Draft General
Plan Update document and the related Draft Environmental hnpact Report (DEIR) for the formal
public review period in advance of public hearings to act on the GPU and EIR anticipated for late
March 2005. During that public comment period, and at the February 14, 2005, Planning
Commission public hearing to close comments on the DEIR, substantial public comments and
testimony were received. Considering the nature and extent of the public input, it was
subsequently determined by staff and the Council in March that a postponement of the public
hearings, and revision and re-circulation of the DEIR would be advisable.
In order to accomplish these efforts, it is necessary for several of the GPU consultants to conduct
additional studies and/or to readdress issues beyond the scope of their original agreements. It is
also necessary to adjust the GPU budget. The scopes and associated costs for each of these items
are discussed below:
CEOA Counsel- Fox & Sohagj. LLP
The services of the law firm of Fox & Sohagi, LLP, were retained to provide review of, and
expert counsel on the GPU DEIR. A retainer agreement up to $40,000 on a time and
materials basis was accordingly approved through the purchasing agent and the City
Manager in October 2004. Costs were
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Item No.: I
Meeting Date: 6/28/05
covered ITom then available funds in the original GPU CIP previously approved by Council.
Those funds were expended in review of the DEIR, and in the review of comments and
testimony on the DEIR in advance of the decision to revise and re-circulate the DEIR.
Additional expert counsel is also needed to review and advise on revisions to the DEIR in
relation to comments received during the first public review period. It will also be
necessary for Fox & Sohagi, LLP, to review and provide input on the public comments that
will be received on the revised and re-circulated DEIR, as well as in preparation of the Final
EIR to support Planning Commission and Council action on the GPU. Given the nature and
extent of prior public comments, Fox & Sohagi, LLP, estimates that additional work of up
to $71,685 on a time and materials basis may be needed. This would result in a cumulative
contract total of$111,685 if costs up to the full authorization are incurred.
A portion of these costs can be paid through an existing processing agreement with Otay
Land Company, LLC (OLC). Under that agreement, proposed General Plan and Otay
Ranch General Development ~lan amendments for OLC properties are being considered as
part of the comprehensive GPU. Through that agreement, OLC is to pay one-third ofthe
EIR costs, which would amount to $37,228 of the above EIR-related costs.
Environmental Impact Report - RECON
With the decision to revise and re-circulate the GPU DEIR, RECON must now prepare new
evaluations, text revisions (including a significant restructuring of the document), incur the
costs to again reproduce and redistribute the DEIR to numerous parties, as well as review
and respond to a second round of public comments. These activities are all outside the
scope of their original contract of costs of$276,224.
The proposed amended contract costs for the above additional services is $124,900,
bringing the cumulative contract amount to $401,324. Similar to the above, one-third of
these additional EIR costs can be covered under the existing developer processing
agreement, which amount to $41,633.
Fiscal ImpactlEconomics - ERA
In the refinement and preparation of the proposed, preferred alternative for the GPU, it was
necessary for ERA to revise data inputs and to re-run fiscal models based on land use
information changes made by staff. The time associated with this work was outside the
scope of hours in their original contract. In addition, and as a result of changes in the
originally anticipated approach for public input, Economic Research Associates was asked
to attend additional in-house meetings to discuss the relationship between proposed land use
alternatives and fiscal outcomes, as well as to attend two additional community meetings at
which the alternatives were presented. ERA was also requested to, and did attend and
provide input at a joint public workshop of the Planning Commission and City Council to
review General Plan proposals for eastern Chula Vista. ERA is also being asked to attend
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Item No.:
Meeting Date: 6/28/05
upcoming joint public workshops of the Planning Commission and City Council to review
and discuss General Plan proposals for western Chula Vista.
These additional hours for fiscal modeling and meetings are beyond those included in their
current contract, and an amendment of $1 0,800 is requested to cover related costs, bringing
cumulative compensation for ERA services to $157,515.
Transportation Anal vsis- Kimlev Horn & Associates (KHA)
In support ofthe revision and re-circulation of the DEIR, KHA must revise and resubmit
the GPU Transportation Study to address changes in street classification in western Chula
Vista, provide additional discussion in response to issues raised in public comments, and to
provide traffic data to support revised air quality analyses. KHA will also need to review
and respond to the second round of public comments on the re-circulated DEIR. At the
request of staff, KHA has also added up to five additional public meetings, workshops
and/or hearings to present and respond to transportation and traffic issues, including the
proposed new urban roadway classifications. The cost for these additional services is
$13,500. Given the public's interest on transportation and traffic, staff is proposing to add
another $1,500 contingency for a total of$15,000.
In addition to the above, and as an outgrowth of consideration of potential changes in the
arterial road network in eastern Chula Vista as part ofthe GPU, transportation modeling
and traffic analysis in support of the City's Transportation Development Impact Fee (TDIF)
Program are also necessary. Given Kimley Horn & Associates' (KHA) familiarity through
GPU work, the City Engineer intends to use KHA to conduct the needed modeling and
analysis for a fee of$18,000 to be paid from fund TF312. Through Council's prior
approval of the Capital Improvement Program (CIP), funds were set aside for such
transportation planning under fund TF312.
With the $33,000 in proposed amendments, the cumulative contract total for KHA would be
$277,000.
Growth ManagementlUrban Standards- EPS. Inc.
Economics and Planning Systems, Inc. (EPS), was originally contracted to assist with
preparation of the updated General Plan Growth Management Element, as well as other
work related to the top-to-bottom review of our growth management program, threshold
standards, and growth management ordinance. EPS has demonstrated extensive experience
with growth management techniques, funding mechanisms, and with assembling applicable
urban development standards.
As a result of this expertise and excellent skills and consistent with these urban
development standards, EPS can bring valuable information and experiences to the table
regarding the successful establishment and implementation of appropriate urban standards
for western Chula Vista, including the urban roadway system and the urban core
improvement program presented in the GPU. Given the importance of these concepts and
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ItemNO.:~
Meeting Date: 6/28/05
techniques in supporting proposed GPU land use proposals, and their importance to the
community, staff requested that EPS develop a proposal to assist the City in conveying this
information and similar successful examples of downtown revitalization during the
remaining public outreach and hearing process. EPS's proposed cost for these additional
services is $12,000, which includes coordination with staff in preparing a communication
approach, conducting necessary research to develop a presentation, and attending up to
three public meetings and/or hearings to present information and answer questions.
Including the requested $12,000 amendment, the cumulative contract total for fixed-fees
with EPS (including General Plan and other work) would be $72,000.
Waiver of Formal Bid Process-
The above consulting firms have all been instrumental in the creation and success to date of
our three-year plus effort to create a new City of Chula Vista General Plan. Their
continued participation is critical to the successful complete of the General Plan Update,
therefore, the formal bid process was waived.
General Plan Update- Related Operating Expenses-
As a result ofthe extended project timeframe, and the need to revise and re-circulate the Draft
GPU, staff estimates that $25,000 will be needed to cover expenditures for public
noticing/advertising for community meetings and the hearings, facilitation of those meetings, report
reproduction and distribution, and printing and distribution of the revised General Plan document.
Sufficient funds remain within the approved GPU CIP to cover these costs. This item is provided
for Council's information and no further budget actions are needed.
GPU CIP Budget Adiustments -
As approved by Council on Resolution 2001-376, the original GPU CIP (General Plan Project)
budget is $992,130. At that time, staff estimated $873,500 in City funding would pay for
consultants and studies. The remaining $118,630 was anticipated to offset some of the costs for
City staff time. Staff would now like to adjust the budget so that the entire amount of$992,130
could be used for consultants and studies.
FISCAL IMPACT:
No further appropriation is requested from the General Fund. The total for the above discussed
consultant contract amendments is $252,385, which can be offset by the combined remaining
unencumbered project balance in the GPU CIP, additional requested developer contributions of
$78,861 for their share of costs pursuant to their contract processing agreements, and $18,000 for
transportation planning services from monies already approved within CIP TF312. It should be
noted that the $118,630 in the GPU CIP being requested for allocation toward the unanticipated
consulting costs would then not be available to offset staff costs.
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Item No.:
Meeting Date: 6/28/05
The estimated $25,000 for the related operating expenses for public noticing, report reproduction
and distribution, and general plan publication will also be absorbed within the existing GPU CIP.
Attachments
1. First Amendment to the Agreement for Legal Services on the General Plan Update with Fox and Sohagi, LLP.
2. First Amendment to the Agreement for Environmental Services on the General Plan Update with Recon.
3. Second Amendment to the Agreement for Financial Consulting Services on the General Plan Update with
Economic Research Associates.
4. First Amendment to the Agreement for Transportation Engineering Services on the General Plan Update with
Kimley Horn & Associates.
5. Second Amendment to the Agreement for Growth Management Consulting on the General Plan Update with
Economic & Planning Systems, Inc.
J:\PlanninglEDlGP BudgetlAl13 GPU Budget Amendment 06-20-05.doc
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DRAFT
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIRST AMENDMENT TO THE ORIGINAL
AGREEMENT FOR ENVIRONMENTAL SERVICES ON THE GENERAL
PLAN UPDATE WITH RECON, WAIVING THE FORMAL CONSULTANT
SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the City of Chula Vista ("City") and RECON ("Consultant") entered
into agreement on July 8, 2003 (Original Agreement) whereby Consultant agreed to
provide professional services to City for the preparation of an Environmental Impact
Report (EIR) in conjunction with t~e City's General Plan Update; and
WHEREAS, Consultant prepared a Draft EIR which was circulated for public
review in December 2004; and
WHEREAS, in response to the public comments received in review of that Draft
EIR, the City elected to consider revising the Draft EIR and re-circulating the document
for a second public review; and
WHEREAS, as a result of that decision it will be necessary for the Consultant to
provide services in preparation, re-circulation, and response to comment on a second
Draft EI R not foreseen in their original contract; and
WHEREAS, maintaining the same consultant to prepare the second Draft EIR is
an efficiency; and
WHEREAS, City staff is recommending the City Council of the City of Chula
Vista waive the formal consultant selection process since this work is a naturai
extension of previous work and it would be impractical to solicit formal proposals.
NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby waive
the formal consultant selection process and approve the First Amendment to Agreement
for Environmental Services on the General Plan Update with RECON, on file with the
City Clerk.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute said First
Amendment on behalf of the City.
Presented by:
Approved as to form by:
James Sandoval
Director of Planning and Building
~r:~?~
City Attorney
1-7
DRAFT
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
-~-/~
Ann Moore
, CIty Attorney
Dated: 61d-~1oS-
I I
First Amendment to Agreement for Environmental Services on General Plan
Update with RECON
1-8
DRAFT
FIRST AMENDMENT
To the Original Agreement between the City Of Chula Vista and
RECON, Inc. a California Corporation
Recitals
This Amendment is entered into effective as of , 2005 by and between the City Of
Chula Vista ("City") and RECON, Inc., a California Corporation ("Consultant''), with reference
to the following facts:
WHEREAS, City and Consultant entered into agreement on July 8, 2003 (Original
Agreement) whereby Consultant was to provide professional services to City to prepare an
Enviro=ental Impact Report (ErR) ~ conjunction with the City's General Plan Update; and
WHEREAS, Consultant successfully prepared a Draft ErR which was circulated for
public review in December 2004; and
WHEREAS, in response to the public comments received in review of that Draft ErR, it
was determined by the City that the Draft ErR be revised and recirculated for a second public
review; and .
WHEREAS, as a result of that decision it will be necessary for the Consultant to provide
services in preparation, recirculation, and response to comment on a second Draft ErR not
forseen in their original contract; and
WHEREAS, Consultant has extensive knowledge and experience in the preparation of
EIRs,has proven expertise and commitment, is efficient and flexible in its work efforts, and has
perfo=ed satisfactorily on the Original Agreement; and
WHEREAS, maintaining the same consultant to prepare the second Draft ErR is an
efficiency; and
WHEREAS, City staff is recommending the City Council of the City ofChula Vista
waive the fo=al consultant selection process since this work is a natural extension of previous
work and it would be impractical to solicit fo=al proposals.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8.A.VI of the Original Agreement, entitled Detailed Scope of
Work, is hereby amended to read as follows:
Amendment One - RECON Agreement
June 2005
Page 1
1-9
DRAFT
(New) Task 5(a)- Fourth Screencheck Draft EIR
Consultant will address City staff's co=ents on the first three screencheck draft
EIRs and prepare and submit ten (10) copies oithe fourth screencheck draft EIR
and associated technical reports to the City for review and co=ent. The fourth
screencheck will reorganize the report, separate the plan-to-plan discussion into a
separate chapter, develop and evaluate three CEQA alternatives, and propose a
foundation for, and include a traffic impact analysis for the urban core roadway
system. In addition, this screencheck will include info=ation about the Bayfront
and Otay Mesa projects as they may conttibute to cumulative effects, and will
update text, tables and graphics to reflect the current terminology and general plan
elements available at the time (Deliverable 6(a)).
It is anticipated that the majority of mitigation measures identified within the EIR
will be in the fo= ofp'olicies incorporated into the General Plan. As such,
monitoring oithose measures will equate to the implementation of the proposed
General Plan. The:MMRP will su=arize those policies and outline the methods
anticipated for their implementation.
2. Exhibit A, Section 8.A.VIT of the Original Agreement, entitled Detailed Scope of Work,
is hereby amended to read as follows:
(New) Task 6(a) Prepare a Draft EIR for Re-circulation
Consultant will review and revise the draft EIR to reflect modifications in the
General Plan Update and co=ents received during pubic review on the initial
draft document. As part of this revision, review general plan policies to evaluate
their effectiveness as mitigation and suggest wording to refine that applicability.
Review and resolve inconsistencies in acreages, numbers of housing units, and
population. Consultant will provide seventy-five (75) copies of the re-circulated
public review draft EIR and!v1MRP and twenty-five (25) copies of the Technical
Appendices to the City (Deliverable 7(a)).
3. Exhibit A, Section 8.A.IX of the Original Agreement, entitled Detailed Scope of Work, is
hereby amended to read as follows:
(New) Task 8(a)- Prepare responses to co=ents for Re-circulated draft.
Following the close of public review, Consultant will meet with City staff and
review all co=ents received. Consultant shall prepare draft responses to
co=ents and associated revisions to the draft EIR. Consultant will submit ten
(10) copies of the draft responses to co=ents and amended EIR sections to the
City for review by City staff and legal counsel (Deliverable 9(a)).
Amendment One - RECON Agreement
June 2005
Page 2
1-10
DRAFT
4. Exhibit A, Section S .A.XII of the Original Agreement, entitled Detailed Scope of Work, is
hereby amended to read as follows:
(New) Task 11 - Expanded Air Quality Analysis
Consultant will complete an expanded air quality analysis using URBEMIS to calculate
construction estimates of a small and large hypothetical project, and discuss the potential
for that construction to represent an air quality impact. Consultant will also calculate
operational effects at buildout of the Preferred Plan, the adopted plan, and the existing
condition, and quantify a potential change in criteria pollutants for area and mobile
sources. Prepare a CO hotspot model using the Transportation Project-Level Carbon
Monoxide Protocol. Incorporate the results of the above air analyses into the recirculated
draft ErR.
5. Exhibit A, Section S.A.XII1 of the Original Agreement, entitled Detailed Scope of Work, is
hereby amended to read as follows:
The following meetings are added to the existing list-
· An additional meeting of the Environment, Open Space and Sustainable Development
Subcommittee
. A community info=ation meeting on the revised Draft GPU and Second Draft ErR
· A RCC meeting on the Second Draft ErR
· A Planning Commissions hearing on the Second Draft ErR.
6. Exhibit A, Section S.C. of the Original Agreement, entitled Dates or Time Limitations for
Delivery of Deliver ables, is hereby amended to read as follows:
(New) Deliverable No. 6(a): Task 5(a) - Fourth Screencheck Draft ErR and Associated
Technical Reports. Due date: As directed by the Environmental Review Coordinator.
(New) Deliverable No. 7(a): Task 6(a)- Public Review Draft ErR and MMRP for Re-
circulation, Technical Appendices, Final Notice of availability, and Final Notice of
Completion. Due date: As agreed to with the Environmental Review Coordinator.
(New) Deliverable No. 9(a): Task Sea) - Draft Responses to Comments and Associated
Revisions to Re-circulated ErR. As agreed to with the Environmental Review
Coordinator.
7. Exhibit A, Section S.D. of the Original Agreement, entitled Date for completion of all
Consultant Services, is hereby amended to read as follows:
The noted date is changed to read September 30.2005.
Amendment One - RECON Agreement
June 2005
Page 3
1-11
DRAFT
8. Exhibit A, Section 11.A. of the Original Agreement, entitled Compensation Single Fixed Fee
Arrangement, is hereby amended to read as follows:
Single Fixed Fee Amount: $401.324.00. The subsequent Milestone table is amended for
the following milestones:
Milestone Amount
4 Deliverable No. 6(a): Task 5(a) - Fourth Screencheck $46,350 (12%)
Draft EIR and Associated Technical Reports. .
5 Commencement of public revie,,;, (Deliverable Nos. 5, 6, $69,106 (17%)
and 7) .
6 Deliverable No. 7(a): Task 6(a)- Re-circulated Public $55,790 (14%)
Review Draft EIR.
Deliverable No. 9(a) Task 8(a) - Draft Responses to $22,760 (6%)
7 Comments and Associated Revisions to Re-circulated
EIR..
8 Submittal of final EIR (Deliverable Nos. 8,9,10, II, and $69,106 (17%)
12)
9 Retention $27,642 (7%)
10 15% Contingency** (based on original contract amount $41,463
of $276,424).
9. Except as herein provided, all other provisions of the Original Agreement shall remain in full
force and effect.
Amendment One - RECON Agreement
JU1le 2005
Page 4
1-12
DRAFT
SIGNATURE PAGE
TO THE FIRSTAMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
RECON, INC, A CALIFORNIA CORPORATION
IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
City of Chula Vista
By:
Stephen C. Padilla
Mayor
Dated:
Approved as to form:
Ann Moore, City Attorney
Dated:
RECON, Inc.
B~~~
Charly Bull, President
Dated: G - ~ -- 0 'f:)
Amendment One - RECON Agreement
June 2005
Page 5
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DRAFT
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SECOND AMENDMENT TO THE ORIGINAL
AGREEMENT FOR FINANCIAL CONSULTING SERVICES ON THE
GENERAL PLAN UPDATE WITH ECONOMICS RESEARCH
ASSOCIATES, WAIVING THE FORMAL CONSULTANT SELECTION
PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT
WHEREAS, the City of Chula Vista ("City") and Economics Research Associates,
Inc. ("Consultant") entered into agreement on January 14, 2003 (Original Agreement)
whereby Consultant agreed to provide financial consulting services to the City in
conjunction with the City's General Plan Update; and
WHEREAS, on June 1, 2004, the City approved a First Amendment to the
Original Agreement authorizing ERA to prepare additional analysis and work products
including a Public Facility Finance Assessment and Land Use Demand Analysis; and
WHEREAS, Consultant successfully prepared a Draft and pre-Final Fiscal
Impact Analysis (FIA) which were reviewed and accepted by the City; and
WHEREAS, in the preparation and review of those documents, Consultant
conducted additional data analysis and attended meetings to present that analysis,
beyond the level originally anticipated; and
WHEREAS, it is necessary for the Consultant to attend additional meetings to
present the outcomes of the FIA at those meetings; and
WHEREAS, Co"nsultant has extensive knowledge and experience in the
preparation of FIAs, has proven expertise and commitment, is efficient and flexible in its
work efforts, and has performed satisfactorily on the Original Agreement and the First
Amendment to said Agreement; and
WHEREAS, maintaining the same consultant to attend additional meetings and
present the results of their FIA is an efficiency; and
WHEREAS, City staff is recommending the City Council of the City of Chula
Vista waive the formal consultant selection process since this work is a natural
extension of previous work and it would be impractical to solicit formal proposals.
1-14
DRAFT
NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby waive
the formal consultant selection process, and approve the Second Amendment to the
Agreement for Financial Consulting Services on the General Plan Update between the
City and Economics Research Associates, on file with the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
authorized to execute the Second Amendment on behalf of the City.
Presented by:
Approved as to form by:
~Ee: jJ dteL
James Sandoval
Director of Planning and Building:
1-15
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
Dated:
6/d.'d./o 5
,
Second Amendment to Agreement for Financial Consulting Services on the
General Plan Update with Economic Research Associates
1-16
DRAFT
SECOND AMENDMENT
To the Original Agreement between the City Of Chula Vista and
Economics Research Associates, Inc. a California Corporation
Recitals
This Amendment is entered into effective as of , 2005 by and between the
City Of Chula Vista ("City") and Economics Research Associates (ERA) ("Consultant''), with
reference to the following facts:
WHEREAS, City and Consultant entered into agreement on January 14, 2003 (Original
Agreement) whereby Consultant was to provide professional services to City to provide financial
consulting for a Fiscal Impact Analysjs (FIA) in conjunction with the City's General Plan
Update; and '
WHEREAS, on June 1,2004, the City approved a First Amendment to the Original
Agreement authorizing ERA to prepare additional analysis and work products including a Public
Facility Finance Assessment and Land Use Demand Analysis; and
WHEREAS, Consultant successfully prepared a Draft and pre-Final Fiscal Impact
Analysis (FIA) and other work products under both the Original Agreement and First
Amendment, which were reviewed and accepted by the City; and
WHEREAS, in the preparation and review of the PIA, Consultant conducted additional
data analysis and attended meetings to present that analysis beyond the level anticipated under
the Original Agreement; and
WHEREAS, in response to the public co=ents received in review of the Draft General
Plan and Draft EIR, it was determined by the City that the Draft General Plan and Draft EIR be
revised and re-circulated for a second public review; and
WHEREAS, as a result it will be necessary for the Consultant to attend additional
meetings to present the outcomes of the FIA, the Public Facilities Finance Assessment, and the
Land Use Demand Analysis at those meetings; and
WHEREAS, Consultant has extensive knowledge and experience in the preparation of
FIAs and financial analyses, has proven expertise and commitment, is efficient and flexible in its
work efforts, and has performed satisfactorily on the Original Agreement and the First
Amendment to said Agreement; and
WHEREAS, maintaining the same consultant to attend additional meetings and present
the results of their work products is an efficiency; and
Amendment Two - ERA GPU Agreement
June 2005
Page 1
1-17
DRAFT
WHEREAS, City staff is reco=ending the City Council of the City ofChula Vista
waive the formal consultant selection process since this work is a natural extension of previous
work and it would be impractical to solicit formal proposals.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8.A.VIll of the Original Agreement, entitled Preparation of Final Fiscal
Impact Analysis Report, is hereby amended to read as follows:
To be inserted as new item #1-
1. Consultant will further evaluate additional changes to the Preferred
Alternative based o;n staff provided data in response to the outcomes of
modeling presented in the Draft Fiscal Impact Analysis Report, and will
include the outcomes of such in the Final Fiscal Impact Analysis Report.
Original items # I, 2 and 3 are renumbered to items 2, 3 and 4.
2. Exhibit A, Section 8.AIX of the Original Agreement, entitled Meetings and
Consultation, is hereby amended to read as follows:
(New) Item # 6-
6. In addition to the above, Consultant will attend three (3) additional meetings
with staff, two (2) additional community meetings, and up to two (2) additional
Planning Commission and City Council meetings to present modeling results and
to answer questions regarding fiscal impact evaluations and information.
3. Exhibit A, Section 8.D. of the Original Agreement, entitled Date for completion of all
Consultant Services, is hereby amended to read as follows:
The noted date is changed to read October 15. 2005.
4. Exhibit A, Section 11.A of the First Amended Agreement, entitled Compensation Single
Fixed Fee Arrangement, is hereby amended to read as follows:
Single Fixed Fee Amount: $168.315. The subsequent Milestone table is amended for
the following milestones:
New #10. For completion of meetings as they occur under Section 8.AIX.6, up
to them amount shown. $10,800 (amount)
Amendment Two - ERA GPU Agreement
June 2005
Page 2
1-18
DRAFT
Previous it= # 1 0 changed to it= # 11.
5. Except as herein provided, all other provisions of the Original Agreement and the First
Amendment shall r=ain in full force and effect.
Amendment Two - ERA GPU Agreement
June 2005
Page 3
1-19
DRAFT
SIGNATURE PAGE
TO THE FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
ERA ,INC, A CALIFORNIA CORPORATION
IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
City of Chula Vista
By:
Stephen C. Padilla
Mayor
Dated:
Approved as to form:
Ann Moore, City Attorney
Dated:
Economics Research Associates, Inc.
By zd: 4L
William Anderson, Vice President
Dated:
/-Z/-r.9(~
Amendment Two - ERA GPU Agreement
JlUle 200S
Page 4
1-20
DRAFT
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIRST AMENDMENT TO THE ORIGINAL
AGREEMENT FOR TRANSPORTATION SERVICES ON THE GENERAL
PLAN UPDATE WITH KIMLEY HORNE & ASSOCIATES, WAIVING THE
FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AMENDMENT
WHEREAS, the City of Chula Vista ("City") and Kimley Horne & Associates
("Consultant") entered into agreement on May 27, 2003 (Original Agreement) whereby
Consultant agreed to provide professional traffic engineering services to City, necessary
for a Transportation Study for the: General Plan Update; and
WHEREAS, on April 11, 2004, Consultant agreed to provide limited additional
work paid for through the 10% contingency fees as stated in Original Agreement; and
WHEREAS, anticipating the successful completion of the City's General Plan
Update, further traffic impact analysis is necessary; and
WHEREAS, Consultant has extensive traffic impact analysis knowledge, has
proven expertise and commitment, is efficient and flexible in its work efforts, and has
performed satisfactorily on the Original Agreement; and
WHEREAS, maintaining the same consultant to assist in finalizing the
Transportation Study for the General Plan is an efficiency; and
WHEREAS, City staff is recommending the City Council of the City of Chula
Vista waive the formal consultant selection process since this work is a natural
extension of previous work and it would be impractical to solicit formal proposals.
NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby waive
the formal consultant selection process and approve the First Amendment to Agreement
for Transportation Services on the General Plan Update between the City and Kimley
Horne & Associates on file with the City Clerk;
BE IT FURTHER RESOLVED that the Mayor is authorized to execute said First
Amendment on behalf of the City.
Presented by:
Approved as to form by:
James Sandoval
Director of Planning and Building
~,p~
nn Moore
City Attorney
1-21
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
r
Ann Moore
City Attorney
Dated:
t/J-~/O)
, /
First Amendment to Agreement for Transportation Services on the General
Plan Update with Kimley Horn & Associates
1-22
FIRST AMENDMENT
DRAFT
To the Original Agreement between the City Of Chula Vista and
Kimley-Horn and Associates
Recitals
This Amendment is entered into effective as of , 2005 by and between the
City Of Chula Vista ("City") and Kimley-Hom and Associates ("Consultant"), with reference to the
following facts:
WHEREAS, City and Consultant entered into agreement on May 27, 2003 (Original
Agreement) whereby Consultant was to provide professional traffic engineering services to City,
necessary for a Transportation Study f~ a General Plan Update for amount of $222,000.00; and
WHEREAS, City and Consultant entered into an informal agreement on April II, 2004 for
limited additional work which could be paid for by the payment of the 10% contingency fees as
stated in original agreement; and
WHEREAS, anticipating the successful completion of the City's General Plan Update,
further traffic impact analysis is a remaining task; and
WHEREAS, Consultant has extensive traffic impact analysis knowledge, has proven
expertise and commitment, is efficient and flexible in its work efforts, and has performed
satisfactorily on the Original Agreement; and
WHEREAS, maintaining the same consultant to assist in the Transportation Study for the
General Plan is an efficiency; and
WHEREAS, City staff is reco=ending the City Council of the City of Chula Vista waive
the formal consultant selection process since this work is a natural extension of previous work and it
would be impractical to solicit formal proposals.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
I. Exhibit A, Section 8.A. of the Original Agreement, entitled Detailed Scope of Work, is
hereby amended to read as follows:
Task IV - CEQA LEVEL ANALYSIS OF SELECTED ALTERNATIVES
EVALUATION
. Comparative Analysis, Sub-paragraph 4.1, Refinements and Selection of
Alternatives. This is a request for further funding for tasks previously conducted.
Consultant has revised and resubmitted the Transportation Study to account for the
1-23
DRAFT
reco=ended change in classification of streets in the Bayfront (i.e., E Street, H
Street, J Street, and Marina Parkway). In addition, Consultant provided additional
discussion that responded to issues raised in public comments to the December 2004
EIR. Provided traffic data in support for revised CEQA air quality analysis.
FEE is $5,500.00
. New Task 4.7 - Additional Environmental Analysis
Modelinf!
City of San Diego staffs have provided updated land use plans that reflect development
proposals being considered for an update to their Otay Mesa community plan. The
intent of this analysis is to incorporate appropriate land use and network assumptions
then execute alternative runs with and without the La Media Road bridge over the Otay
River. All model runs will include the City ofChula Vista's Staff Preferred Land Uses.
The following traffic mode1;tuns have been evaluated:
. 58C: Buildout, SR-125 freeway, no La Media Road bridge, Land Uses: Staff
Preferred (Chula Vista)/Proposed Otay Mesa CPA (San Diego)
. 58D: Buildout, SR-125 freeway, with La Media Road bridge, Land Uses: Staff
Preferred (Chula Vista)! Proposed Otay Mesa CPA (San Diego)
. 56B: Buildout, SR-125 freeway, no La Media Road bridge, Land Uses: Staff
Preferred (Chula Vista)! Adopted Otay Mesa Land Uses (San Diego)
. 56C: Buildout, SR-125 freeway, with La Media Road bridge, Land Uses: Staff
Preferred (Chula Vista)! Adopted Otay Mesa Land Uses (San Diego)
The following model runs have been completed and have been evaluated:
. 52D: Year 2030, SR-125 tollway' no La Media Road bridge, Land Uses: Staff
Preferred (Chula Vista)!Adopted (San Diego)
. 52E: Year 2030, SR-125 tollway, with La Media Road bridge, Land Uses: Staff
Preferred (Chula Vista)! Adopted (San Diego)
Cauacity Analvsis
Conduct roadway and freeway segment capacity analysis for the following facilities:
City of San Diego Roadwavs (using San Diego procedures)
Otay Mesa Road:
Ocean View Hills Parkway to Heritage Road
Heritage Road to Britannia Boulevard
Britannia Boulevard to La Media Road
La Media Road to SR-125
Heritage Road:
SR-905 to Otay Mesa Road
Otay Mesa Road to Datsun Street
Datsun Street to Chula Vista city limits
1-24
DRAFT
Britannia Boulevard:
SR-905 to Otay Mesa Road
La Media Road:
SR-905 to Otay Mesa Road
Otay Mesa Road to Lone Star Road
Lone Star Road to Chula Vista city limits
City ofChula Vista Roadways (using Chula Vista procedures)
Heritage Road:
San Diego city limits to Main Street
La Media Road:
San Diego city limits to Otay Valley Road
Otay Valley Road to Rock Mountain Road
Otay Valley Road:
West ofSR-l:25
East ofSR-125
Rock Mountain Road:
West ofSR-125
EastofSR-125
Freeway Segments (using Caltrans District 11 procedures)
SR-905:
Ocean View Hills Parkway to Heritage Road
Heritage Road to Britannia Boulevard
Britannia Boulevard to La Media Road
La Media Road to SR-125
East ofSR-125
SR-125:
Airway Road to SR-905
SR-905 to Otay Mesa Road
Otay Mesa Road to Lone Star Road
Lone Star Road to Otay Valley Road
Otay Valley Road to Rock Mountain Road
Documentation
Summarize the findings of the above described analyses as a section to be included the
Enviro=ental Impact Report.
NEW TASK 4.7 FEE
$18,000
Task V - PUBLIC INVOL YEMENI.
· Public Involvement, Sub-paragraph 5.1.6. This is a request for further funding for
tasks previously conducted. Consultant has attended three additional public
workshop meetings in support of original EIR and visioning process.
FEE is $1,500.00
1-25
DRAFT
The following tasks are for pending actions in support of finalizing the General Plan's
EIR.
Task IV - CEQA LEVEL ANALYSIS OF SELECTED ALTERNATIVES
EVALUATION
. Comparative Analysis, Sub-Paragraph 4.6, Analysis. Respond to public review
comments on the recirculated EIR
FEE is $4,000.00
Task V -PUBLIC INVOLVEMENT.
. Public Involv=ent, Sub-paragraph 5.1.6. Attend five additional public
hearings/workshops. Additional hearings/workshops, ifrequested by City staff, will
be billed on a time-and-materials basis.
FEE is $2,500.00 :
Total additional fees are now $31,500.00 plus a $1,500.00 contingency request for a
grand total of $ 33,000.00.
2. Exhibit A, Section 8.C. of the original Agre=ent, entitled Date for completion of all
Consultant services, is hereby amended to read as follows:
09/30/2005
3. Exhibit A, Section 11.A. of the Original Agreement, entitled Single Fixed Fee
Arrangement, is hereby amended to read as follows:
Total Fee Fixed-Fee Amount: $277.000.00
4. Except as herein provided, all other provisions of the Original Agre=ent shall r=ain in
full force and effect.
1-26
DRAFT
SIGNATURE PAGE
TO THE FmST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF OlliLA VISTA AND
KIMLEY-HORN AND ASSOCIATES
IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the
Agreement thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
City of Chula Vista
By:
Stephen C. Padilla
Mayor
Dated:
Approved as to form:
Ann Moore,
City Attorney
Dated:
Kimley-Horn and Associates
By: ;[j':i /I.A ~
David K. Sorenson,
Vice President
Dated: b /1-1 /0.5---
C:\GEN-PLAN-Ul'DATE\KHA 1st Amendment Reso 6-20-05.dek.doc
1-27
DRAFT
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SECOND AMENDMENT TO THE ORIGINAL
AGREEMENT FOR GROWTH MANAGEMENT CONSULTING ON THE
GENERAL PLAN UPDATE WITH ECONOMICS AND PLANNING
SYSTEMS, INC., WAIVING THE FORMAL CONSULTANT SELECTION
PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT
WHEREAS, the City of Chula Vista ("City") and Economics and Planning
Systems, Inc. ("Consultant") entered into an agreement on May 21, 2004 (Original
Agreement) whereby Consultant agreed to provide professional planning services to
City, focusing on updating the City's Growth Management Element and ordinance; and
WHEREAS, City and Consultant entered into a First Amendment to the Original
/\greement on December 14, 2004, directing Consultant to finalize the City's Growth
Management Ordinance and revise the Growth Management Program documentation
accordingly; and
WHEREAS, anticipating the successful completion of the City's Growth
Management Ordinance, developing urban standards is a remaining task; and
WHEREAS, Consultant has extensive growth management knowledge and
knowledge of the City's growth management program, has proven expertise and
commitment, is efficient and flexible in its work efforts, and has performed satisfactorily
on the Original Agreement and on the First Amendment to the Original Agreement; and
WHEREAS, maintaining the same consultant to assist in the urban standards in
the General Plan, which is related to growth management, is an efficiency; and
WHEREAS, City staff is recommending the City Council of the City of Chula
Vista waive the formal consultant selection process since this work is a natural
extension of previous work and it would be impractical to solicit formal proposals.
NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby waive
the formal consultant selection process, and approve the Second Amendment to the .
Agreement for Growth Management Consulting on the General Plan Update between
the City and Economics and Planning Systems, Inc on file with the City Clerk.
1-28
DRAFT
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
authorized to execute the Second Amendment on behalf of the City.
I-'resented by:
Approved as to form by:
James Sandoval
Director of Planning and Building
1-29
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
J~//l~'
Ann Moore
City Attorney
Dated:
t/~-I()j
I I
Second Amendment to Agreement for Growth Management Consulting on
the General Plan Update with Economics & Planning Systems, Inc.
1-30
DRAFT
SECOND AMENDMENT
To the Original Agreement between the City Of ChuIa Vista and
Economic and Planning Systems, Inc. a California Corporation
Recitals
This Amendment is entered into effective as of May 24, 2005 by and between the City Of
Chula Vista ("City") and Economic and Planning Systems, Inc., a California Corporation
("Consultant"), with reference to the following facts:
WHEREAS, City and Consultant entered into agreement on May 21, 2004
(Original Agreement) whereby Consultant was to provide professional planning services
to City, focusing on updating the City's Growth Management Element and ordinance;
and .
WHEREAS, City and Consultant entered into a First Amendment to the Original
Agreement on December 14, 2004 directing Consultant to finalize the City's Growth
Management Ordinance and revise the Growth Management Program Documentation
accordingly; and
WHEREAS, anticipating the successful completion of the City's Growth
Management Ordinance, developing urban standards is a remaining task; and
WHEREAS, Consultant has extensive growth management knowledge and
knowledge of the City's growth management program, has proven expertise and
commitment, is efficient and flexible in its work efforts, and has performed satisfactorily
on the Original Agreement and on the First Amendment to the Original Agreement; and
WHEREAS, maintaining the same consultant to assist in the urban standards in
the General Plan, which is related to growth management, is an efficiency; and
WHEREAS, City staff is recommending the City Council of the City ofChula
Vista waive the formal consultant selection process since this work is a natural extension
of previous work and it would be impractical to solicit formal proposals.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of
the parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8.A. of the Original Agreement, entitled Detailed Scope of
Work, is hereby amended to read as follows:
8. Task 8 - Meeting and Hearing Preparation. Consultant shall confer with
City staff and other consultants regarding the public hearings in order to
1-31
DRAFT
identify any related research and analysis required, and to prepare the
fo=al presentations as directed by City staff.
9. Task 9 - Related Research and Analysis. As directed by City staff,
Consultant shall obtain info=ation ITom reliable sources to support
specific policy objectives, and/or to document the experience of other
cities as they have encountered related urban development circumstances.
10. Task 10 - Public Hearing Attendance. As directed by City staff,
Consultant shall attend up to three General Plan public hearings before the
joint sessions of the City's Planning Commission and City Council.
2. Exhibit A, Section 8.C. of the Original Agreement, entitled Dates or Time
Limitations for Delivery of Deliver ables, is hereby amended to read as
follows:
Deliverable No.6: Ta;>k 8 Meeting and Hearing Preparation. Ongoing
through September 2005.
Deliverable No.7: Task 9 Related Research and Analysis. Ongoing through
September 2005.
Deliverable No.8: Task 10 Public Hearing Attendance. As directed by City's
Advance Planning Manager.
3. Exhibit A, Section 8.D. of the original Agreement, entitled Date for
completion of all Consultant services, is hereby amended to read as follows:
09/30/2005
4. Exhibit A, Section 11.A. of the Original Agreement, entitled Single Fixed Fee
Arrangement, is hereby amended to read as follows:
Single Fixed-Fee Amount: $72.000
5. Except as herein provided, all other provisions of the Original Agreement
shall remain in full force and effect.
1-32
DRAFT
SIGNATURE PAGE
TO THE SECOND AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
ECONOMIC AND PLANNING SYSTEMS, INC, A CALIFORNIA CORPORATION
IN WITNESS WHEREOF, City and Consultant have executed this Second
Amendment to the Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
City of Chula Vista
By:
John Coggins, Purchasing Agent
Dated:
Approved as to form:
Ann Moore, City Attorney
Dated:
Economics and Planning Systems, Inc.
e)' ~~. ~j~
By: W..L- r, ,,'
Walter F. Kieser, Managing Principal
Dated: 01:?!2---S/0b
H:\Planning\BobMc\2ptyEPS Second Amendment
1-33
RESOLUTION NO.
DRAFT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIRST AMENDMENT TO THE ORIGINAL
RETENTION AGREEMENT FOR LEGAL SERVICES ON THE
GENERAL PLAN UPDATE WITH FOX & SOHAGI, LLP, WAIVING THE
FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AMENDMENT
WHEREAS, the City of Chula Vista ("City") and Fox and Sohagi, L.L.P.
("Consultant") entered into a retention agreement in October, 2004 (Original Agreement)
for the provision of expert legal services regarding the preparation of an EIR for the
General Plan Update; and '
WHEREAS, in response to the public comments received during review of the
Draft EIR, the City elected to consider making further revisions to the Draft EIR and re-
circulate the document for a second public review; and
WHEREAS, as a result of that decision, it is necessary for the Consultant to
provide additional services related to completion and public review of the Draft EIR; and
WHEREAS, Consultant posses unique qualifications to provide legal analysis of
the Draft EIR, and has gained knowledge and familiarity with the GPU through prior
service on the project; and
WHEREAS, City staff is recommending the City Council of the City of Chula
Vista waive the formal consultant selection process since this work is a natural
extension of previous work, and it would be impractical to solicit formal proposals.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Chula Vista does hereby waive the formal consultant selection process and approve the
First Amendment to the Original Retention Agreement between the City and Consultant,
on file with the City Clerk.
BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is hereby
authorized to execute the First Amendment on behalf of the City.
Presented by:
Approved as to form by:
James Sandoval
Director of Planning and Building
hV1P/ZL
1-34
, ~~
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
r~
Moore
City Attorney
Dated:
t/d-d-/oS
First Amendment to Agreement for Legal Services on the General Plan
Update with Fox and Sohagi, LLP
1-35
DRAFT
FIRST AMENDMENT TO RETENTION AGREEMENT FOR LEGAL SERVICES
TIllS AGREEMENT is entered into this of .2005, by and between the
City of Chula Vista, (hereinafter "City") and the law firm of Fox and Sohagi LLP (hereinafter
"Attomey").
RECITALS
1. Recitals
1.1 The City is currently processing a General Plan Update which includes, among
other things, a Land Use and TranSportation Element, an Economic Development Element, a
Public Facility and Services Element, a Growth Management Element, and an Environmental
Element. In addition, the General Plan Update will include a new land use map as well as a
number of additional discretionary actions. The General Plan Update and associated
implementing actions are referred to herein as the "Project."
1.2 In compliance with the California Environmental Quality Act [CEQA], the City is
preparing a Draft Environmental Impact Report to analyze the impacts associated with the
proposed Project.
1.3. City does not presently have the "in-house" staff or resources to review the DEIR
for compliance with CEQA, the CEQA Guidelines, and the Environmental Review Procedures of
the City of Chula Vista withiD. the time frame required for the timely processing of the Project.
Attomey possesses unique qualifications to provide legal analysis of the adequacy of the Draft
Environmental Impact Report for the Project and has gained knowledge and familiarity of the
Project based upon past services provided to the City. These factors make the competitive
bidding process impractical.
I
1-36
DRAFT
1.4. In October 2004, the City and Attorney entered into a Retention Agreement For
Legal Services ("Original Agreement") to provide legal services regarding the preparation of an
EIR for the Project. During the review of the Project, numerous issues have arisen requiring
additional legal services not authorized in the Original Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
2.0 Compensation - Attorney shall be compensated as follows:
2.1 Amount. Attorney shall be compensated for services rendered without
regard to the conclusions reached according to the terms and conditions set forth in Exhibit C2.
2.2 Billing. In addition to the requirements set forth in Exhibit C2, all charges
must be itemized by attorney, showing in detail the work task performed for the billing entry. All
charges must be presented in a line item format and in a manner such that each task is separately
explained in reasonable detail, and with a specific time allocation recorded, for each task. The
invoice shall include the amOl.mt, billing rate and basis for calculation of all fees and costs. The
City will not accept, and will not be responsible for block or cumulative invoice entries. Attorney
shall not charge the City for more than one Attorney's time when appearing at a meeting or for
performing any task unless the City has expressly authorize the use of two or more Attorneys for
the appearance or task.
3.0
and effect.
All other terms and conditions of the original Agreement shall remain in full force
(End of Page. Next Page is Signature Page.)
2
1-37
DRAFT
Signature Page To
Two-Party Agreement
Between
City of ChuIa Vista, and
Fox and Sohagi, LLP,
For Attorney Services to be Rendered with Regard to the General Plan Update
NOW THEREFORE, the parties hereto, having read and understood the terms and
conditions of this agreement, do hereby express their consent to the terms hereof by setting their
hand hereto on the date set forth adjacent thereto.
Dated:
City of ChuIa Vista
By:
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
Ann Moore, City Attorney
Dated:
Attorney:
Fox and Sohagi
BY:~~~
Margaret Sohagi
3
1-38
COUNCIL AGENDA STATEMENT
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Item No.:
Meeting Date: 6/21/05
ITEM TITLE:
Resolution of the City Council of the City of Chula Vista approving the
payment of $106,881 to the County of San Diego for the City's share of
the Otay River Watershed Management Plan from the existing
expenditure budget of the Planning & Building Department.
SUBMITTED BY: Director on:anning & Building tf
REVIEWED BY: City ManageC;:;
4/5THS VOTE: YEs...x...No_
SUMMARY:
As a member of the Joint Exercise Powers Agreement with an interest in the Otay River, the City
is responsible for its share of the cost for a watershed management plan. As the lead agency, the
County of San Diego has presented the City with an invoice for said plan.
RECOMMENDATION:
That Council approve the resolution approving the payment of $106,881 to the County of San
Diego for the City's share of the Otay River Watershed Management Plan from the existing
expenditure budget of the Planning & Building Department.
BOARD/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Backe:round
On April 15, 2003, the City of Chula Vista entered into the Joint Exercise of Powers Agreement
(JEP A) with the County of San Diego and the Cities of Imperial Beach and San Diego, and the
San Diego Unified Port District for the development of a Watershed Management Plan (WMP)
for the Otay River Watershed. The intent of the WMP is to clearly identify critical areas and
practices that need to be targeted for aquatic resource protection, pollution prevention, and flood
control. Once presented to, and approved by the City Council, the plan will be used as a tool for
reviewing future projects with impacts on the Otay watershed in Chula Vista. Where feasible,
development projects may be required to implement improvement strategies as recommended by
the plan. The WMP is intended to serve as an advisory document, providing the local agencies
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Page 2, Item No.:
Meeting Date: 6/14/05
with recommended guidelines for development, habitat conservation, and water quality
maintenance within the watershed.
The County of San Diego is serving as the lead agency for this effort, and has retained the
services of Aspen Environmental consulting to assist with the preparation of the WNfP. Since the
signing of the JEP A, the City has attended monthly Project Team and Stakeholder meetings to
provide input in the development of the WNfP. In addition, fo=er Assistant City Manager,
George Krempl and Councilmember John McCann have participated at the Executive and Policy
Committee levels to resolve any issues brought forward by the Project Team and provide
direction in administering the JEPA. Due to the recent retirement of Mr. Krempl, Jim Sandoval,
Director of Planning and Building, will now serve on the Executive Committee as representative
for the City of Chula Vista.
As indicated in the Agreement, the participating Agencies shall consider a recommended fair
share contribution to fund the preparation of the WMP. On December 13, 2004, the Otay
Watershed WNfP Policy Committee approved a motion to approve a fair share contribution
fo=ula based on land area and population and directed the respective Agency staffs to docket
consideration of the fair share contribution amount by each jurisdiction. Participants in the plan
are asked for the following fair share contributions: County of San Diego $318,000, Chula Vista
$106,881, City of San Diego $58,503, City of Imperial Beach $18,576, and the Port of San
Diego $6,479. It is anticipated the plan will be completed in January 2006. According to the
current draft WMP, the Plan will be updated periodically in order to consider changes to
watershed conditions and regulatory requirements and additional fair share contributions by the
City would need Council approval.
FISCAL IMPACT:
This is a one-time payment of$106,881 from the existing expenditure budget of the Planning &
Building Department. Other than this fiscal impact, there may be additional future requests for
funding to complete this plan and/or to update the plan. At this time, future impacts to the City's
General Fund are not known.
Attachments
Fair share invoice.
H:\Planning\BobMc\Otay W.atcrshcdAl131.doc
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SAN MARCOS OFFICE
338 VIA VERA CRUZ. SUITE 201
SAN MARCOS, CA 92069-2620
(760) 471-0730
GARY L. PRYOR
DIRECTOR
County of San Diego
DEPARTMENT OF PLANNING AND LAND USE
EL CAJON OFFICE
200 EAST MAIN ST.. SIXTH FLOOR
B. CAJON, CA 92020-3912
(619)441-4030
5201 RUFFIN ROAD, SUITE B, SAN DIEGO, CAUFORNIA 92123-1666
INFORMA110N (B58) 694-2960
TOLL FREE (aDO) 411-0017
INVOICE
April 4, 2005
City of Chula Vista
Attn: Ms. Marisa Lundstedt
276 Fourth Avenue
Chula Vista, CA 91910
Otay River Watershed Management Plan
Fair Share Contribution 1:
$106,881.00
Please return payment with the enclosed copy of this invoice
Make Check Payable To:
County of San Diego
Mail To:
County of San Diego
Department of Planning and Land Use
Attn: Ms. Trish Boaz
Environmental Resource Manager
5201 Ruffin Road, Suite B
San Diego, CA 92123
1 Pursuant to the Joint Exercise of Powers Agreement entered into by the City of Chula
Vista on March 24, 2004. 2-
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DRAFT
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PAYMENT OF $106,881 TO THE COUNTY OF SAN
DIEGO FOR THE CITY'S SHARE OF THE OTAY RIVER WATERSHED
MANAGEMENT PLAN FROM THE EXISTING EXPENDITURE BUDGET
OF THE PLANNING & BUILDING DEPARTMENT
WHEREAS, on April 15, 2003, City Council approved Resolution 2003-160 for the Joint
Exercise of Powers Agreement for participation in the preparation of a Watershed Management
Plan (WMP) for the Otay River; and,
WHEREAS, on December 13, 2004, the Otay Watershed WMP Policy Committee
approved a motion to approve a,' fair share contribution fo=ula based on land area and
population and directed the respective Agency staffs to docket consideration of the fair share
contribution amount by each jurisdiction; and,
WHEREAS, based on the referenced fair share contribution fo=ula, the City of Chula
Vista's contribution to the WMP preparation is $106,881.
NOW, THEREFORE BE IT RESOLVED TRA T the City Council of the City of Chula
Vista does hereby authorize the payment of$106,881 to the County ofSim Diego for the City's
share of the Otay River Watershed Management Plan.
BE IT FURTHER RESOLVED that the City payment of $106,881 to the County of San
Diego shall be made ITom the current expenditure budget of the Planning & Building
Department.
Presented by
Approved as to fo= by
2~~:. ? /JJ~
City Attorney
James D. Sandoval
Director of Planning and Building
H:\Plarming\BobMc\OVWMP Reso.doc
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