HomeMy WebLinkAboutRDA Packet 2002/04/16
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CllY OF
CHULA VISTA
TUESDAY. APRIL 16. 2002 COUNCIL CHAMBERS
6:00 P.M. PUBLIC SERVICES BUILDING
(immediately following the City Council meeting)
JOINT MEETING OF THE
REDEVELOPMENT AGENCY I CITY COUNCIL
OF THE CITY OF CHULA VISTA
CALL TO ORDER
ROLL CALL
Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton
SPECIAL ORDERS OF THE DAY
1. RECOGNITION BY THE REDEVELOPMENT AGENCY/CITY COUNCIL OF
JOHN WILLETT FOR THE CLEAN-UP OF AGENCY-OWNED PROPERTY NEAR
THE CHULA VISTA NATURE CENTER
CONSENT CALENDAR
The staff recommendations regarding the following itemls) listed under the Consent Calendar will be enacted
by the Agency by one motion without discussion unless an Agency member. a member of the public or City
staff requests that the item be pulled for discussion. If you wish to speak on one of these items, piease fill out
a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency
or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action
items. Items pulled by the public will be the first items of business.
2. JOINT AGENCY/COUNCIL RESOLUTION CREATING AN UNCLASSIFIED
POSITION OF SPECIAL PLANNING PROJECTS MANAGER IN SENIOR
MANAGEMENT AND AMENDING THE FY 02 BUDGET TO ADD THE
POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT AND
AMENDING THE FY 03 ADOPTED SPENDING PLAN THEREFOR BASED ON
SALARY SAVINGS AND UNANTICIPATED PROGRAM REVENUES - In
evaluating the future work programs of the Planning & Building and
Community Development Departments for the next several years, the need
for a highly experienced senior management planning professional to work
with City staff on the General Plan Update, as well as other major projects in
both departments has been identified. Through discussions with the City
Manager's Office, it has been determined that the best way to fill this need
is through the creation of a Special Planning Projects Manager position,
added to the Community Development Department but jointly managed with
the Planning & Building Department. A candidate has been selected and will
be appointed as soon as possible if Council approves the position and
recommended funding. [Director of Planning and Building; Director of
Community Development] 4/5ths Vote Reauired
STAFF RECOMMENDATION: Agency/Council adopt the resolution.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter
within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits
the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish
to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to
the meeting. Those who wish to speak, please give your name and address for record purposes and follow up
action.
PUBLIC HEARING
The following item(s) have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the
Redevelopment Agency or the City Clerk prior to the meeting.
3. PUBLIC HEARING TO CONSIDER GRANTING AN OWNER PARTICIPATION
AGREEMENT AND SPECIAL USE PERMIT WITH ANTHONY RASO FOR THE
DEVELOPMENT OF A 8.664 SQUARE FOOT RESTAURANT AND GAME
CENTER (LA BELLA CAFÉ AND CALIFORNIA GAME CENTER) AT 289 G
STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA
STAFF RECOMMENDATION: STAFF RECOMMENDATION: That the public
hearing be opened and continued to the Redevelopment Agency meeting of
May 7. 2002.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Agency, Council, staff, or members of the general public. The items will be considered individually by the
Agency/Council and staff recommendation may in certain cases be presented in the alternative. Those who
wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the Secretary to
the Redevelopment Agency or City Clerk prior to the meeting.
4. REDEVELOPMENT AGENCY RESOLUTION APPROVING AN EXCLUSIVE
NEGOTIATING AGREEMENT WITH NORTH C.V. WATERFRONT LIMITED
PARTNERSHIP WITH RESPECT TO THE PROPOSED DEVELOPMENT OF A
RESIDENTIAL/MIXED USE PROJECT IN THE MIDBAYFRONT SUBAREA OF
THE BAYFRONT REDEVELOPMENT PROJECT AREA - In 2001, Pacifica
Companies notified the City of Chula Vista that it had signed an option
agreement with Chula Vista Capital, the primary property owner of the
MidBayfront property, for the purchase and development of the approximate
97-acre site. Pacifica also indicated to the City its desire to include in its
development proposal additional lands, some of which are owned by the
Redevelopment Agency. Pacifica Companies created a design team
Redevelopment Agency, April 16. 2002 Page 2
consisting of architectural, engineering, and environmental consultants,
among others, to develop a concept master plan for the approximate 126-
acre project site. The project proposes 5.8 million square feet of high
quality mixed use building area comprised primarily of residential units, some
limited commercial. up to three hotels, restaurants, recreation areas. and
community center. Pacifica Companies is a group of diversified real estate
companies with an extensive real estate portfolio including hotels. office and
industrial buildings. retail shopping centers, and residential communities
located throughout the United States. North C.V. Waterfront L.P., a limited
partnership formed by principals of Pacifica Companies for development of
the MidBayfront property, has requested an Exclusive Negotiating
Agreement (ENA) with the Redevelopment Agency for two years, with an
optional six-month extension, to prepare plans. pursue entitlements. secure
financing. and negotiate a Disposition and Development Agreement (DDA)
for the project. [Community Development Director]
Continued from the meetinG of 1/22/02
STAFF RECOMMENDATION: Agency adopt the resolution.
5. JOINT AGENCY/COUNCIL RESOLUTION APPROVING A THREE-PARTY
AGREEMENT BETWEEN THE CITY OF CHULA VISTA; DUDEK &
ASSOCIATES. INC.. CONSULTANT; NORTH C.V. WATERFRONT loP..
APPLICANT. FOR LAND USE CONSULTING SERVICES RELATED TO THE
PREPARATION OF A PROJECT EIR FOR THE MIDBAYFRONT PROJECT. AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - The applicant,
North C.V. Waterfront L.P.. is to file a Specific Plan application for the
Midbayfront Project, proposing 6.4 million square feet of mixed-use building
area to consist of a mix of residences, retail/commercial uses, hotels and
restaurants, recreational areas, and a community center. The Planning &
Environmental Services Manager in the Community Development Department
has determined that the proposed project requires the preparation of a
Project Environmental Impact Report (EIR). This report requests that the
City Council and Redevelopment Agency approve the proposed contract with
DUDEK & Associates. Inc.. for an amount not to exceed $194,325 to
provide consultant services for the preparation of the CEQA required
environmental documents for the proposed project. [Director of Community
Development]
STAFF RECOMMENDATION: Agency/Council adopt the resolution.
6. DIRECTOR'S REPORT(S)
7. CHAIR/MAYOR REPORTlS)
Redevelopment Agency, April 16, 2002 Page 3
8. AGENCY/COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to a closed session and thence to an adjourned meeting
of the Redevelopment Agency on April 23, 2002. at 6:00 p.m., immediately
following the City Council meeting in the City Council Chambers.
CLOSED SESSION
Unless Agency Counsel, the Executive Director, or the Redevelopment Agency/City Council states otherwise at
this time, the Agency/Council will discuss and deliberate on the following item(sl of business which are
permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised
should be discussed in closed session to best protect the interests of the City. The Agency/Council is required
by law to return to open session, issue any reports of final action taken in closed session, and the votes taken.
However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at
this point in order to save costs so that the Agency/Council's return from closed session, reports of final action
taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed
Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance
with the Ralph Brown Act (Govt. Code § 54957.7)
9. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION--
Pursuant to Government Code Section 54956.9(a)
Tuchscher vs. City of Chula Vista. Superior Court. County of San Diego. San
Diego Judicial District, Court Case No. GIC758620
10. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION -- Pursuant to Government Code Section 54956.9(b)
One Case
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AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who
require special accommodates to access, attend, and/or participate in a City meeting, activity, or service
request such accommodation at least 48 hours in advance for meetings and five days for scheduled services
and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (61 g)
691-5047 or Telecommunications Devices for the Deaf ITDD) at (61 g) 585-5647. California Relay Service is
also available for the hearing impaired.
Redevelopment Agency, April 16, 2002 Page 4
PAGE 1, ITEM NO.:
MEETING DATE: 04/16/02
JOINT REDEVELOPMENT AGENCY / CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE: JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA CREATING AN UNCLASSIFIED
POSITION OF SPECIAL PLANNING PROJECTS MANAGER IN SENIOR
MANAGEMENT AND AMENDING THE FY 02 BUDGET TO ADD THE
POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT AND
AMENDING THE FY 03 ADOPTED SPENDING PLAN THEREFOR BASED ON
SALARY SAVINGS AND UNANTICIPATED PROG REVENUES
SUBMITTED BY: DIRECTOR OF PLANNING AND BUILDING Í;
COMMUNITY DEVELOPMENT DIRECTOR U
REVIEWED BY: CITY MANAGER :c.- r
4/5THS VOTE: YES0NOD
BACKGROUND
In evaluafing the fufure work programs of the Planning & Building and Community Development
Departmenfs for the next several years, the need for a highly experienced senior management planning
professional fo work with City staff on the General Plan Update, as well as other major projects in both
departments has been idenfified. Thraugh discussions with the City Manager's Office, it has been
defermined fhat the besf way fo fill fhis need is through fhe creafion of a Special Planning Projects Manager
position, added to the Community Developmenf Departmenf but joinfly managed with the Planning &
Building Department. A candidafe has been selected and will be appointed as soon as possible if Council
approves the posifion and recommended funding.
RECOMMENDATION
Thaf City Council approve fhe resolufion creafing an unclassified position of Special Planning Prajects
Manager in Senior Managemenf and amending fhe FY 02 budgef to add fhe posifion in fhe Community
Development Department and transfer $17,900 in salary savings from the Planning and Building
Departmenf fo Community Developmenf Personnel Services; and amending the FY 03 spending plan by
adding $116,500 to fhe Community Development Department's Personnel Services based on a fransfer of
$58,250 from fhe Planning and Building Departmenfs Personnel Services budgef and $58,250 in
unanticipated program revenues ($14,560 from developer reimbursements and $43,690 from Merged RDA
Project Area reimbursements); and amending the FY 03 adopfed spending plan of the Merged RDA Proiect
Area to increase other expendifures by $43,690.
8- /
PAGE 2, ITEM NO.:
MEETING DATE: 04/16/02
BOARDS/COMMISSIONS RECOMMENDATION
Nof applicable.
DISCUSSION
In conjunction wifh developing fhe final work program for fhe General Plan Updafe, fhe Planning and
Building Department elected to ufilize fhe budgefed salary for a vacant Project Planner in fhe Advance
Planning section and use it fo hire Tony Lettieri, former project manager for the Otay Ranch Project and
an experienced professional in fhe area of General Plan policy development, to work on a half-fime
basis on the City's Generol Plan Update over the next two years. However, in discussions with the City
Manager's Office and Community Development Departmenf, it became clear thaf, in addition to the
Generol Plan Update, Mr. Lettieri would be fhe perfect candidafe for providing senior managemenf level
professional advance planning services on a number of other high profile important projects over fhe
next several years that cannof be adequately handled by exisfing staff.
These projects include significant planned projects in fhe Bayfronf project area such as fhe Port Masfer
Plan of Port-owned properties in and around fhe marina as well as fhe Duke replanning project and fhe
coordination of fheir developmenf linkages wifh the Midbayfront project. Mr. Lettieri will be instrumenfal
in coordinating masfer planning efforts wifh fhe Port Disfrict, Duke Energy and fhe development
community, and assisfing sfaff in building consensus on these large complex and infer-related
development projects.
The position will also be utilized to lead the significanf long range and general plan related advance
planning effort on fhe Broadway Revitalization project as well as fhe LAFCO-relafed activities for fhe
Fenton commercial projecf in fhe West Fairfield area. The Broadway Revitalization project includes
General Plan level advance planning analysis and expertise to help guide future development patterns
along Broadway. The position will be asked fo assisf assigned project staff in developing and
implementing long-range planning recommendafions and inferfacing with affected property and
business owners. The Special Planning Project Manager will also oversee the LAFCO-related annexafions
necessary to facilitafe the development of fhe proposed Fenfon commercial project located in the "Wesf
Fairfield" area of the Soufhwest Project Area.
The Special Planning Projects Manager will also be ufilized fo develop internal standards, procedures
and protocols for processing large-scale masfer planning projects wifhin an urbanized environment.
There are a variety of differenf and more complex planning issues and constraints fhaf arise when
processing large-scale projects wifhin an urbanized environmenf. This work ifem has been identified by
Community Developmenf as an importanf element fo help the processing of future major projects in
wesfern Chula Vista. It will be of benefit fo fhe City fo utilize Mr. Lettieri's expertise in this area. Finally,
the position will be asked to work on the planning effort to attroct a university fo Chula Vista, including
coordinafion with affected agencies, property owners and developers as well as assisting in fhe
processing of the sectional planning area plans for the Easfern Urban Cenfer. Included as Attachment 1
is a general descripfion of fhe job duties contemplafed for this posifion.
é?-;l
PAGE 3, ITEM NO.:
MEETING DATE: 04/16/02
Mr. Leffieri's qualifying experience includes the lasf 15 years as principal ond awner af the land use
planning firm af Leffieri-Mclntyre & Assaciafes and faur years priar as principal and awner of Mooney-
Lettieri & Associates. Mr. Lettieri's large-scale project managemenf expertise is exemplified by his role as
fhe Project Manager of fhe Calleguas Creek Watershed Managemenf Program in Ventura County and
General Manager for the 23,000-acre Ofay Ranch Masfer Planned New Town. The Otay Ranch was an
inferjurisdictional project led by the City of Chula Vista and fhe County of San Diego. Mr. Leffieri's
credibility wifhin the professional planning and development community will be an assef fo the City on
fhe identified efforts as well as any of her projecfs thaf he may be assigned from time to fime.
The proposed position requires significant experience and expertise af fhe Senior Managemenf level
dealing with the developmenf community, affected properly owners, mulfiple jurisdictions and oufside
agencies involved in fhe development process. Sfaff feels if is in fhe City's interest fo have Mr. Leffieri on
staff and available on a full-fime basis, rather fhan as a consultanf fhat could be hired fo work on fhese
projects at a potenfially much higher rafe.
The position's salary is roughly equivalent to fhe General Plan Manager. It is nof currenfly contemplated
fhat this posifion would be ongoing beyond fhe term served by Mr. Leffieri; and fherefore, is not expected
fo be necessary or available for career advancement opportunities in the future. Addifionally, it should
be noted thaf the posifion will report directly fo Directors of Community Developmenf and Planning and
Building and will not have supervision responsibilifies. The dufies of this position will not adversely
impact or overlap with fhe dufies of other posifions wifhin either departmenf. In contrasf, this position will
be an asset fo the City and bofh departments by meeting currenfly unmef needs for high level expertise
on some of fhe most important projects in fhe City over fhe next several years,
FISCAL IMPACT
For the durafion of FY 02, fhis posifion will be funded with $17,900 in salary savings transferred from fhe
Planning and Building Department to the Community Developmenf Departmenf. The FY 03 spending plan
will be amended by adding $116,500 to the Community Development Departmenfs Personnel Services
based on a transfer of $58,250 from the Planning and Building Departmenfs Personnel Services budget
and $58,250 in unanticipated program revenues ($14,560 from developer reimbursemenfs and $43,690
from Merged RDA Project Area reimbursemenfs); and amending the FY 03 adopted spending plan of the
Merged RDA Project Area to increase other expenditures by $43,690.
ATTACHMENTS
Affachment 1 - Special Planning Projects Manager Definifion
H,\COMMDEV\letlie,i-A 113-Clean.dac
8-3
AGENCY RESOLUTION NO.
AND
COUNCIL RESOLUTION NO.
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
CREATING AN UNCLASSIFIED POSITION OF SPECIAL PLANNING
PROJECTS MANAGER IN SENIOR MANAGEMENT AND AMENDING
THE FY 02 BUDGET TO ADD THE POSITION IN THE COMMUNITY
DEVELOPMENT DEPARTME NT AND AMENDING THE FY 03 ADOPTED
SPENDING PLAN THEREFOR BASED ON SALARY SAVINGS AND
UNANTICIPATED PROGRAM REVENUES
WHEREAS, Community Development and Plannirg & Building Departments have complex,
ongoing major projects for which they need an additional permanent employee to have access to his
or her expertise on a regular basis; and
WHEREAS, staff has identified expenditure budget and revenue sources to make the added
position a zero-net impact on the General Fund.
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula
Vista does hereby approve the creation of an unclassified position of Special Planning Projects
Manager in senior management.
BE IT FURTHER RESOLVED the position be added to the FY 02 and FY 03 budget of the
Community Development Department.
BE IT FURTHER RESOLVED that salary savings in the amount of $17,900 will be
transferred from the Planning and Building Department to the Community Development Department
Personnel Services for FY 02 to fund the position.
BE IT FURTHER RESOLVED the FY 03 spending plan is amended (a) to add$116,500 to
the Community Development Department's Personnel Services based on a transfer of $58,250 from the
Planning and Building Department's Personnel Services budget and $58,250 in unanticipated program
revenues ($14,560 from developer reimbursements and $43,690 from Merged RDA Project Area
reimbursements); and (b) to increase Other Expenditures within the Merged Redevelopment Project
Area by $43,690.
Presented by Approved as to form by
~~~~-' <'
Chris Salomone
Director of Community Development
cJ.-'-/
SPECIAL PLANNING PROJECTS MANAGER
DEFINITION
This Senior Management position is responsible for conducting complex advance planning studies and
analysis as well as plan-level development and implementation activities in support of major projects
and initiatives for the Community Development Department and Planning and Building Department as
assigned.
Under the joint direction of the Director of Community Development and Director of Planning and
Building, the Special Planning Projects Manager will be assigned responsibility for one or more special
projects which are included in the adopted work programs of those departments.
EXAMPLES OF DUTIES
Examples of projects this position will be responsible for include but are not necessarily limited to the
following:
. Assisting on the processing of Sectional Planning Area Plans and other entitlements for
complex land development projects such as the Otay Ranch Eastern Urban Center.
. Management of strategic planning initiatives such as obtaining a commitment from a major
university to locate a campus at a site in Chula Vista, including coordination with various
public and private entities, facilitation of negotiations, and presentation of
recommendations to boards and commissions.
. Coordination of City's input to Port Master Planning of the Port owned Bayfront project
area properties as well as the Duke Power Plant resiting project and their linkages to the
Midbayfront project. Liaison with Port staff and consultants, City inter-departmental team
and major land owners/developers to help build consensus on these complex and inter-
related projects.
. Facilitation/coordination of annexation proposals associated with Otay Regional Park and
Fenton Development proposal. Manage multiple aspects of City of San Diego-City of Chula
Vista-LAFCO process with support from Community Development and Planning and
Building.
. Development of General Plan land use policy options for specific geographic areas to be
included in the Comprehensive General Plan Update; duties would include planning analysis
and facilitation of meetings with affected residents and property owners.
. Oversight and facilitation of the proposed Broadway Revitalization Program which involves
general plan level analysis and establishment of development standards and phasing and
interfacing with affected residents and property owners.
. Development of an "Urban Project Process" which includes researching and developing
alternatives to processing large urban infill and master planned projects within an urbanized
"build-out" community.
The Special Projects Manager will be provided with staff support and other resources as necessary to
complete the special projects to which he is assigned. The position will not be responsible for
direction supervision of staff or for managing ongoing programs and projects within either department
but will be responsible to ensure their completion and consistency with the adopted work programs
for each department.
;:;-5
ANTHONY J. LETTIERI, AICP
Principal
Mr. Lettieri has 33 years of urban and regional planning experience in both the public and private sectors. His
experience, including four years with the City of Chula Vista, six years with the County of San Diego and 23 years in
the private sector, provides Mr. Lettieri expertise in the following areas:
. Managing Inter-jurisdictional and Multi-Agency Master Plan projects;
. Directing General Plan Updates and Large Scale Projects; and
. Conducting Public Participation and Infonnational Programs.
Mr. Lettieri has special expertise in the areas of project management, large-scale planning, development feasibility and
implementation, and planning interpretation. Mr. Lettieri's projects have included preparation of General Plans, zoning
implementation programs, master-planned residential communities, mixed-use commercial and research development parks,
local govemment long-range plans and revitalization projects, and development feasibility studies, community participation
processes, and govemment agency coordination. Mr. Lettieri oversees all private and public planning contracts and public
participation programs. He is also an instructor of land use planning and resource management courses at the University of
California, San Diego, and San Diego State University. He is also the Vice Chairperson of the City of San Diego Planning
Commission.
Representative Projects and Assignments
. Project Manager, Calleguas Creek Watershed Management Plan, County of Ventura
. Principal Planner, East Otay Mesa Specific Plan, County of San Diego
. General Manager, 23,000-acre Otay Ranch Master Planned New Town, City ofChula Vista/County of San Diego
. Consulting Planner, Cities of San Diego, Santee, Escondido, Chula Vista, Coronado, San Clemente and Santa Cruz
. Principal Planner, Las Montañas Specific Plan, County of San Diego
. Principal Planner, City of Lemon Grove General Plan Update, Lemon Grove
. Principal Planner, Hotel del Coronado Specific Plan, City of Coronado
. Principal Planner, County of San Diego General Plan Update Scope of Work, County of San Diego
Selected Projects from Mr. Lettieri's Career
. Calleguas Creek Watershed Management Plan
. Otay Ranch General Development Plan
. East Otay Mesa Specific Plan
. Lemon Grove General Plan
. City ofChula Vista Sphere ofInfluence
. County of San Diego's Growth Management Plan/Land Use Implementation Program
. City of Encinitas Community Character Implementation
. Otay Valley Regional Park Strategic Plan
Education
M.A. City and Regional Planning, San Diego State University
B.A. Public Administration, San Diego State University
Professional Experience
2001-Present Principal, Anthony J. Lettieri, AICP
2001-Present Instructor, "Seminar in Plan Implementation," and "Seminar in Land Use Planning Principles and
Techniques" San Diego State University
1991-Present Instructor, "Environmental Planning and Site Analysis" and "Communications in Planning & Resource
Management" UCSD Extension
2000-2001 Senior Vice President, ProjectDesign Consultants, San Diego, CA
1986-2000 Principal, Lettieri-Mcintyre and Associates, San Diego, CA
1982-1986 Partner, Mooney-Lettieri and Associates, San Diego, CA
1979-1982 Director of Planning, Vice-President, Austin-Hansen, Inc., San Diego, CA
1973-1979 Associate Planner, County of San Diego, CA
1969-1973 Assistant Planner, City of Chula Vista, CA
¿}-~
ANTHONY J. LETTIERI, AICP
Continued
Professional Affiliations/Associations
2001- Present Vice Chairperson, City of San Diego Planning Commission
2001- Present Chapter President's Council of APA, Liaison to the AICP Commission
1999- Present Member, American Planning Association Membership Committee
2001 Member, American Planning Association Nominating Committee
1997 - 2000 President, American Planning Association, California Chapter
1996 - 2000 Member, County Department of Planning & Land Use, Industry Advisory Committee
1994 - 1997 Member, County of San Diego Planning & Land Use Streamlining Committee
1992 - Present Member, University of California, San Diego Extension Advisory Board
1988 - 2001 Member, California Planning Roundtable
1984 - Present Member, American Institute of Certified Planners (AICP)
1999 - Present Member, Lambda Alpha, Intemational
1993 - 1995 Director, American Planning Association (APA), San Diego Section
1982 - 1983 Director, American Planning Association (APA), San Diego Section
1994 Member, City of San Diego Zoning Code Update Citizens Advisory Committee
1988 - 1990 Vice-President, Professional Development, California Chapter APA
1988 Author, Strategic Plan, California Chapter APA
1987 - 1988 Member, County of San Diego Regional Growth and Planning Task Force
1986 - 1988 California Planner Editor, California Chapter APA
1983 - 1987 Board Member, San Diego County Housing & Community Development Advisory Committee
1985 - 1986 Member, Balboa Hospital Task Force
1984-1986 Vice-President, Public Information, California Chapter APA
1984 - 1986 Member, City of San Diego Lakes Advisory Committee
¿;?-)
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM NO.: -3
MEETING DATE: 04/16/02
ITEM TITLE: PUBLIC HEARING TO CONSIDER GRANTING AN OWNER
PARTICIPATION AGREEMENT AND SPECIAL USE PERMIT WITH
ANTHONY RASO FOR THE DEVELOPMENT OF A 8~664 SQUARE FOOT
RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA
GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I
REDEVELOPMENT PROJECT AREA
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR
REVIEWED BY: EXECUTIVE DIRECTOR
4/5THS VOTE: YES D NO ŒJ
That fhe public hearing be opened and continued fa fhe Redevelopment Agency meefing of May
7,2002.
PAGE 1, ITEM NO.:
MEETING DATE:
g.2.
)f(
REDEVELOPMENT AGENCY AGENDA STATEMENT
01/1 S/82
/ I
p- : ,_] /-4,2
4/n';~2-
,
ITEM TITLE: AGENCY RESOLUTION APPROVING AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH NORTH C.V. WATERFRONT LIMITED
PARTNERSHIP WITH RESPECT TO THE PROPOSED DEVELOPMENT
OF A RESIDENTIAL/MIXED USE PROJECT IN THE MIDBAYFRONT
SUBAREA OF THE BAYFRONT REDEVELOPMENT PROJECT AREA
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L\;l-f'm ~5
r"
REVIEWED BY: EXECUTIVE DI RECTOR (P)~ ,) \"
BACKGROUND
4/5THS VOTE: YES D NO 0
In 2001, Pacifica Companies notified the City of Chula Vista that it had signed an option agreement
with Chula Vista Capital, the primary property owner of the MidBayfront property, for the purchase
and development of the approximate 97-acre site. Pacifica also indicated to the City its desire to
include in its development proposal additional lands, some of which are owned by the
Redevelopment Agency (Attachment A). Pacifica Companies created a design team consisting of
architectural, engineering, and environmental consultants, among others, to develop a concept
master plan for the approximate 126-acre project site. The project proposes S,B million square feet
of high quality mixed use building area comprised primarily of residential units, some limited
commercial, up to three hotels, restaurants, recreation areas, and community center (Attachment B).
Pacifica Companies is a group of diversified real estate companies with an extensive real estate
portfolio including hotels, office and industrial buildings, retail shopping centers, and residential
communities located throughout the United States, North C.V. Waterfront L.P" a limited partnership
formed by principals of Pacifica Companies for development of the MidBayfront property, has
requested an Exclusive Negotiating Agreement (ENA) with the Redevelopment Agency for two years,
with an optional six-month extension, to prepare pions, pursue entitlements, secure financing, ond
negotiate a Disposition and Development Agreement (DDA) for the project.
Staff is recommending thot the Agency enter into the ENA due to the quality of the proposal and
development team, and its potential to eliminate blighting conditions in the Bayfront Redevelopment
Project Area by serving as a catalyst for development of the remainder of the Bayfront. The ENA is
attached as Attachment C.
RECOMMENDATION
That the Agency adopt the resolution approving the Exclusive Negotiating Agreement with North
C.V. Waterfront L,P. (Developer) for a period of two years, with an option for a six-month
extension, and direct staff to work with the Developer on preparation of project plans and a
Disposition and Development Agreement for development of the MidBayfront project site,
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PAGE 2, ITEM NO.:
MEETING DATE: 01/15/02
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable,
DISCUSSION
Proiect Site
The proposed project site is located west of Interstate 5 in the area commonly known as the
"MidBayfront." It is generally bounded by the Sweetwater Marsh National Wildlife Refuge to the
north, San Diego Bay to the west, and Lagoon Drive to the south. The property is accessible from
Bay Boulevard to the east, E Street to the north, and Lagoon Drive (F Street) to the south. The
property is regulated by the adopted Local Coastal Plan, which is implemented through the
Bayfront Specific Plan.
The approximate 126-acre area under consideration is currently vacant and consists of 17
parcels, including 6 parcels totaling approximately 12 acres owned by the Redevelopment
Agency and 1 parcel totaling 1.14 acres owned by the City of Chula Vista, Chula Vista Capital,
Goodrich, and SDG&E own the remaining parcels (Attachment A). The Developer has entered
into an option agreement with Chula Vista Capital for the purchase and development of land that
comprises nearly 80 percent of the proposed project site.
The project site comprises the MidBayfront subarea of the Bayfront Redevelopment Plan. In
1993, upon approval of the Local Coastal Plan, staff negotiated a development agreement for
100 acres of the MidBayfront site with the owner of the property at that time. However, after one
year of negotiations, the ownership of the property changed and the new owners expressed
concern over the financial viability of the proposed property. The owners ultimately indicated that
they would not proceed with the MidBayfront project as approved by the City and Coastal
Commission, but would seek alternative development proposals.
On November 10, 1998, the Agency/City entered into an ENA with T uchscher Development
Enterprises, Inc. (TDE) for development of a mixed use project on the property commonly known
as Crystal Bay. TDE's option and ENA expired in the spring of 2000.
To date, no other alternatives have been presented to the City for review and the property
remains undeveloped.
Proiect Proposal
The Developer proposes construction of 5.8 million square feet of high quality mixed use building
area comprised primarily of residential units, some limited commercial, up to three hotels,
restaurants, recreation areas, and a community center. The photographs included in Attachment
D provide an indication of how the project is envisioned. The proposed master planned
development includes the following uses, although the project is subject to change either in the'
negotiation of the DDA and/or during the entitlement process:
Residential: Approximately 3,400 residential units are planned within the project. There are
six product types anticipated, including single-family ecological housing ("eco-bungalows"),
zt-:2...
PAGE 3, ITEM NO.:
MEETING DATE: 01/15/02
rental and condominium garden apartments (3-4 levels), mid-rise (5-7 levels) multi-family units,
high-rise (8+ levels) multi-family units, flats, rowhouses and townhomes, and mixed use
residential with retail/civic uses. The residential units are planned to be contained within multiple
buildings of varying heights, with a maximum height anticipated at 23 stories. The high-rise
towers are to be located within the interior of the project with the lower-level buildings located
toward the exterior. Building heights are planned to be "stepped back" from the Bayfront and
refuge on the west and north, from the F&G Street Marsh on the south, and from the eastern
boundary.
Commercial/Retail: Multiple community-serving retail areas (including limited office space)
comprising approximately 30,000 square feet will be provided within the project as mixed used
development with residential, civic and recreational use combinations. The commercial uses are
intended to provide retail opportunities for residents within the project and shall be of an area
that is supportable by the internal residential development.
Hotels/Restaurants: Two hotels located within close proximity to Interstate 5, ranging in
height up to 6 levels, and comprising approximately 600 rooms are anticipated. These hotels
shall be of the highest quality commensurate with expectation that they will establish the overall
project standards and expectations due to their strategic location at the project entry and their
anticipated development within the early phases of the Project. The feasibility of a high quality
and environmentally sensitive "resort"-type hotel will be analyzed for development within the
westerly portion of the project boundary. Incorporated within each of the hotels shall be high
quality meeting facilities designed for both internal and external users. Additional services
contemplated include banquet and room service, concierge, shuttle service to the airport and
convention center, and above-standard amenities.
Recreation: Approximately 30 percent of the site is proposed for open space, recreation ond
limited park use. A synergistic relationship between the project, the Chula Vista Nature Center,
and the Sweetwater Marsh Refuge is anticipated. This relationship will include educational,
operational, and accessibility opportunities. The project shall accommodate access to the Nature
Center by providing a visible "gateway" to the Center, conveniently-located public parking, and
a coordinated trolley tronsport system. Pedestrian paths will connect with the nature trail system
along the Bayfront and refuge. The Project will also include an extensive and integral pedestrian
pathway system. A public bikeway system that connects north and south with the CalT rans
regional bikeway system will also be incorporated into the Project design.
Additional Project recreational facilities shall include, but not be limited to, tennis courts,
basketball courts, par course, picnicking areas, and a man-made basin (aqua promenade) for
water-oriented activities. The potential for an indoor, on-site active recreational facility will also
be analyzed and incorporated, as warranted. Off-site park opportunities will be explo'red as well
to meet the intent of the City's Park Acquisition and Development Ordinance and Requirements.
Parking: Sufficient and optimally-located parking shall be provided throughout the project to
accommodate owners, tenants, and non-residential visitors to the site.
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PAGE 4, ITEM NO.:
MEETING DATE: 01/15/02
In addition, the project proposes to enhance the F&G Street Marsh, address regulatory agency
requirements for enhancements to the Sweetwater Marsh National Wildlife Refuge, and work with
the Agency/City in proposing methods for relieving the Agency/City of ongoing operating costs
related to the Nature Center.
Potential Proiect Benefits
An estimated 6,200 residents are anticipated to reside in the high quality bayside village. The
provision of increased housing opportunities for middle and upper income residents are
anticipated to be a catalyst for the overall revitalization of Northwest Chula Vista. The project,
with its adjacency to Interstate 5, will enhance the City's image at its westerly entry, which will
benefit the entire community. The high-density, residential urban village is anticipated to balance
the commercial, office, and visitor-serving uses on the Port District's commercial property located
to the south of the project site. Access to the region's trolley system will provide an alternative
mode of transportation to both residents and visitors to the village.
The project proposes a number of recreational enhancements, as well as many benefits to the
Chula Vista Nature Center by providing a gateway to the Center and proposing mechanisms for
relieving the Agency/City of ongoing operating costs related to the Center. The project proposes
to provide Sweetwater Marsh Wildlife Refuge educational opportunities while minimizing impacts
to sensitive wetland areas
Proiect Processina
The Developer anticipates submitting a complete application package to the City initiating the
entitlement process in early 2002. The Developer will pay for the consultants and non-
Community Development Department staff needed to process the project at full cost recovery.
There will be opportunities for public input throughout the entitlement process at public hearings
held for the Planning Commission and Redevelopment Agency/City Council. In addition, staff
will develop a public outreach program that will include focused public forums to allow for the
community to review and comment on the project as it develops. The Developer and Staff will
continue to obtain input from Goodrich Aerostructures and the San Diego Unified Port District
(the property owners to the south of the proposed project), and work with the developer of the
former City Corporation Yard, MTDB, CalTrans, and others to help ensure quality linkages with
development to the east of the property. Staff will also work closely with the California Coastal
Commission and other regulatory agencies involved in the review of the MidBayfront properties.
Development Time Frame
The proposed project will require at a minimum an Environmental Impact Report (EIR), General
Plan and Specific Plan amendments, Local Coastal Plan amendment and permit, and a Tentative
Map and Final Map. The targeted time frame to complete the City's review process is one year
from the time a complete application package is received by the City, pending the availability of
information and timeliness of the responses. An additional three months is estimated for the
California Coastal Commission's consideration of the Local Coastal Plan amendment. Upon
Coastal Commission approval, the Agency/Council may consider issuance of the coastal
development permit and map approvals.
4-4
PAGE 5, ITEM NO.:
MEETING DATE: 01/15/02
Exclusive Neaotiatina Aareement
The Developer has requested an ENA for a period of two years, with an optional six-month
extension in order to continue negotiations with the Agency and other property owners, prepare
plans, entitle the project, market the project, and secure financing. This is a typical time frame
for evaluating a project of this magnitude and to negotiate a DDA for actual site acquisition and
development. The time frame parallels that of the option agreement between the Developer and
Chula Vista Capital.
Approval of the ENA does not obligate the Agency/City to any project approvals or to sell, lease,
or exchange the Agency/City property. Generally, the ENA establishes a period for exclusive
negotiations in order to:
1. Further define the project;
2. Determine project feasibility and marketability;
3. Determine the public benefit derived from the project;
4. Determine the need for the various Agency/City-owned parcels;
5. Assess the environmental impacts of the project; and
6. If the Agency is satisfied with the above, to negotiate a mutually satisfactory DOA that
will contain the terms for site acquisition and development of the project.
In addition to the project description and the exclusivity and time period for negotiations, the ENA
specifies the rights and obligations of the Developer and the Agency, some of which are listed
below:
Developer's obligations include the following:
· Submit a cash deposit to cover the cost of certain Agency expenses during the term of the
ENA;
. Submit requested economic data, including project pro forma and cash flow analysis;
. Submit more defined master and phasing plans;
. Identify the anticipated type of acquisition financing;
· Identify anticipated sources of funding for development of the initial phase;
. Submit a market study demonstrating adequate project demand;
· Submit a preliminary engineering and probable cost analysis for the proposed "aqua
promenade"; and
. Work with the Agency/City to propose methods for relieving the Agency/City of ongoing
operating costs related to the Nature Center.
Agency's obligations include:
. Facilitate the required analysis for the project under CEQA;
. Assist in determining all on- and off-site public improvements and other fees that may be
required of the project;
· Provide information to the Developer on required traffic improvements and site design
Issues;
. Assist the Developer in establishing a schedule of all discretionary and ministeria I permits;
. Determine the necessity for, and legal and financial feasibility of, transferring Agency
parcels to the developer; and
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PAGE 6, ITEM NO.:
MEETING DATE: 01/15/02
. Extend owner participation rights as required by law.
In addition, the ENA defines parameters for the development of the project, some of which
include:
1. Provide for exceptional architectural theme and design ,that establishes a strong
project identity;
2. Provide for diversity of residential product types and signature elements;
3. Provide for high-quality retailers and restaurants that are compatible with the project
theme and design;
4. Provide strong connections between the retail and residential components of the
project;
S. Include linkages and connections between key project components and with adjacent
properties, including pedestrian and vehicular circulation, view corridors, architecture,
design, streetscapes, and other planning elements;
6. Provide public view corridors from and adjacent to the project site;
7. Address regulatory agency requirements for enhancements to the Sweetwater National
Wildlife Refuge; and
8. Provide enhancements to the Chula Vista Nature Center.
Additional legal protections in the ENA include the following:
1. The ENA can be terminated by the Agency in the event of the termination or material
default under the option with Chula Vista Capital.
2. The ENA expressly states that Agency's unsolicited receipt and consideration of
alternative project proposals does not violate its exclusive negotiation obligation.
3. Developer's damages are limited to the Developer's cash deposits with the Agency
used on the cost of certain Agency expenses if the Agency is proven to have violated
its ENA obligations.
Summary
Staff recommends that the Agency approve the attached ENA with the C.V. Waterfront L.P. for a
period of two years with a six-month extension at the option of the Agency.
FISCAL IMPACT
During the ENA period, Agency staff time will be spent working with the Developer on the items
described in this report. In accordance with the ENA, the Developer will deposit $75,000 in
immediately available funds to be used by the Agency to conduct an analysis of the project ta
further define the project; to determine project feasibility and marketability; to determine the
extent to which implementation of the project will result in public benefit; and to determine the
extent to which various parcels are necessary for the project. Any deposit balance remaining
upon termination of the Agreement shall be returned to the Developer. The Agency will be
responsible for Community Development staff time, City Attorney's office staff time, and Agency
outside redevelopment legal counsel.
.t:f - (."
ATTACHMENTS
PAGE 7, ITEM NO.:
MEETING DATE: 01/15/02
A. MidBayfront Ownership Map
B. Draft Concept Master Plan
C. Draft Exclusive Negotiating Agreement
D. Representative Sketches
J:\COMMDEV\STAFF.REP\Ol -15-02\AGENDA STATEMENT, ENA, l.lS.02,doc
ZJ-7
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA APPROVING THE EXCLUSIVE NEGOTIATING
AGREEMENT WITH NORTH C,v. WATERFRONT loP. FOR A
PERIOD OF TWO YEARS, WITH AN OPTION FOR A SIX-MONTH
EXTENSION, AND DIRECT STAFF TO WORK WITH THE
DEVELOPER ON PREPARATION OF PROJECT PLANS AND A
DISPOSITION AND DEVELOPMENT AGREEMENT FOR
DEVELOPMENT OF THE MIDBAYFRONT PROJECT SITE
WHEREAS, representatives of North C.V. Waterfront loP. ("Developer") are proposing to
develop the MidBayfront property with a 5.8 million square foot high quality mixed use project
comprised primarily of residential units, limited commercial, up to three hotels, restaurants,
recreation areas, and community center; and
WHEREAS, the proposed project area is approximately 126 acres and is comprised of 17
parcels, including 6 parcels owned by the Redevelopment Agency and 1 parcel owned by the City of
Chula Vista; and
WHEREAS, the Deveioper has requested an Exclusive Negotiating Agreement (ENA) with
the Agency for two years, with an option for a six-month extension, in order to develop plans, pursue
entitlements, secure financing, and negotiate a Disposition and Development Agreement (DDA); and
WHEREAS, the Agency is willing to enter into an ENA due to the high quality of the proposal
and its potential to eliminate blighting conditions in the Bayfront Redevelopment Project Area by
serving as a catalyst for development of the remainder of the Bayfront; and
WHEREAS, the ENA, in compliance with State Law, provides for the extension of owner
participation rights to all property owners and tenants which are party to the ENA.
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula
Vista does hereby (1) approve the Exclusive Negotiating Agreement subject to owner participation
rights with North C.V. Waterfront loP. on the terms presented and authorize and direct the Chair to
execute the Agreement in a final form approved by the Agency Attorney, and (2) direct staff to
extend Owner Participation Rights in accordance with State law and the requirements of the
Bayfront Redevelopment Plan.
PRESENTED BY APPROVED AS TO FORM BY
~ ~ '
Chris Salomone
Director of Community Development U
J:\COMMDEVlRESOS\midbayfront ena.doc
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ATTACHMENT C
EXCLUSIVE NEGOTIATING AGREEMENT
[MIDBAYFRONT PROPERTIES]
This EXCLUSIVE NEGOTIATING AGREEMENT [MIDBAYFRONT PROPERTIES] ("Agreement")
is entered into effective as of April 16, 2002, ("Effective Date") by and between the
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a political subdivision of the State of
California ("Agency"), and NORTH C.V. WATERFRONT loP., a California limited partnership
("Developer"), with reference to the following facts:
A. Developer is proposing the development of a mixed use real estate project as more
particularly described in Section 2.2 hereof ("Project"), upon certain real property comprised of
approximately 126 acres of unimproved and improved real property located within the City of Chula
Vista, California, as more particularly described in Section 2.1 hereof ("Property").
B. Agency owns certain parcels comprising a portion of the Property ("Agency
Parcels") which Developer has indicated are necessary for the Project. Oeveloper has executed an
option contract with Chula Vista Capital ("CVC") for the acquisition of CVC's portion of the
Property comprised of approximately 97 acres ("Option Agreement"), A copy of the Option
Agreement has been delivered to the Agency. The other parcels comprising the remainder of the
Property are owned by third parties, as more particularly described herein.
C. In order to facilitate the development of the Project on the Property, Oeveloper and
Agency desire to enter into an exclusive negotiating agreement.
D. Due to the high quality nature of the Project, and its potential for eliminating
blighting conditions on and around the Property, Agency is willing to enter into such an
arrangement on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the above recitals, the mutual covenants contained
herein, and other good and valuable consideration, the parties hereby acknowledge as satisfactory,
AGENCY AND DEVELOPER HEREBY AGREE AS FOLLOWS:
1. NATURE OF AGREEMENT.
1.1 In General. The general purposes of this Agreement are to establish an exclusive
negotiation period during which the parties agree to attempt, in good faith: (a) to further define the
Project; (b) to determine Project feasibility and marketability; (c) to determine the extent to which
implementation of the Project will result in public benefit; (d) to determine the extent to which the
various parcels herein described are necessary for the Project; (e) to assess the environmental
impacts of the Project, and (f) in the event the Agency staff makes a preliminary determination that
it is satisfied with the matters described in (a) through (e) above, to negotiate the terms and
conditions of a Disposition and Development Agreement ("DDA") which, at the Agency's sole
discretion, may be presented to the Agency Board/City Council for its consideration.
Notwithstanding the foregoing, Agency reserves the right to approve or reject a DDA, the Project,
or any disposition of the Agency property, as more particularly set forth in Section 4 of this
Agreement, below. This Agreement also establishes a framework for identifying and processing the
required land use entitlements for the Project.
1.2 Exclusivitv. During the term of the Agreement, Agency agrees not to solicit
alternative development proposals for the Property or to negotiate with any other person or entity
regarding the disposition or development of the Property. For purposes of this Section, "negotiate"
1 of 17
preliminary or final settlement or agreement with respect to the disposition or development of all or
any portion of the Property. Notwithstanding the foregoing, Developer acknowledges that la) the
Agency may receive from time to time, unsolicited alternative proposals for the development of the
Property; and Ib) Agency reserves the right to evaluate and factor in alternative proposals when
considering whether or not to approve, and/or the terms and conditions upon which to approve,
final agreements with Developer for the actual disposition and development of the Property.
Agency shall notify Developer within ten days after receiving an unsolicited alternative development
proposal for all or any portion of the Property. To the extent any non-Agency owned parcel(s) are
included as part of the Project, however, Agency reserves the right to extend owner participation
rights to the owner(s) of such parcells) and to consider owner participation development proposals
in accordance with the adopted Redevelopment Plan for the Bayfront Project Area. To the extent an
alternative owner participation proposal is accepted by the Agency, this Agreement shall terminate
with respect to the affected parcels owned by the third-party owner-participant(s).
1.3 Term. The initial term of this Agreement shall commence as of the Effective Date
and, unless earlier terminated in accordance with the provisions hereof, shall terminate two years
after the Effective Date on January 15, 2004 (the "Initial Negotiation Period"). At the end of the
Initial Negotiation Period, the Executive Director, in his sole discretion on behalf of the Agency, is
authorized to extend the term of this Agreement for one additional 180 day period (the "Extended
Negotiation Period") provided that at the end of the Initial Negotiation Period, or the first Extended
Negotiation Period, as the case may be, the Agency has not exercised its right to terminate as
herein provided, the Developer is in full compliance with all terms and conditions hereof, the
Developer concurs with such extension of the negotiation period, and the Executive Director has
determined that there is a reasonable likelihood that the Developer will agree to terms and
conditions for the disposition of the Agency Parcels and development of the Project on the Property
which the Agency staff will be able to recomrnend to the Agency prior to the expiration of the
Extended Negotiation Period.
2. DESCRIPTION OF PROPERTY AND PROJECT.
2.1 Property Description. Unless additions or deletions are approved or required by the
Agency, for purposes of this Agreement, the parcels comprising the Property and each parcel's
approximate acreage shall be as follows:
2.1.1 Parcels Owned by Third Parties ("Third Party Parcels")
1. Common Name: Midbayfront
San Diego County Tax APN: 565-010-30, and 567-011-05
Current Ownership: Chula Vista Capital
Acreage: 96.57
2. Common Name: Chula Vista Bayfront Park
San Diego County Tax APN: 567-010-28
Current Ownership: Goodrich Aerostructures (Rohr Industries)
Acreage: 4.94
3. Common Name: SDG&E ROW
San Diego County Tax APN: 567-011-01,565-010-12,565-010-15
& portion of 565-010-08
Current Ownership: SDG&E
Acreage: 8.27
2 of 16 c- J-
4. Common Name: SD&AE ROW Coronado Branch
San Diego County Tax APN: 567-021-11,567-021-33 and a portion
of 565-290-39
Current Ownership: SD&AE
Acreage: 5.0
2.1.2 Parcels Owned by Agency ("Agency Parcels")
1. Common Name: Street Merziotis
San Diego County Tax APN: 565-310-09 and 565-310-25
Current Ownership: Redevelopment Agency of the City of Chula
Vista
Acreage: 4.96
2. Common Name: Marina Motor Hotel
San Diego County Tax APN: 567-011-04
Current Ownership: Redevelopment Agency of the City of Chula
Vista
Acreage: 1.0
3. Common Name: Cappos
San Diego County Tax APN: 567-010-18
Current Ownership: Redevelopment Agency of the City of Chula
Vista
Acreage: 2.01
4. Common Name: Shangri La
San Diego County Tax APN: 567-010-19
Current Ownership: Redevelopment Agency of the City of Chula
Vista/San Diego Unified Port District
Acreage: 2.73
5. Common Name: Lagoon Drive Parking Lot
San Diego County Tax APN: 567-021-32 and 567-021-35
Current Ownership: Redevelopment Agency of the City of Chula
Vista
Acreage: 1.36
2.1.3 Shangri La Property
Developer acknowledges and agrees that the Agency owned property,
described in Section 2.1.2.4 above, commonly known as the "Shangri La" property, is
currently in escrow for sale to the San Diego Unified Port District ("District"). Agency
agrees to solicit District consent for the inclusion of the Shangri La property in this
Agreement. In the event that the District fails to approve in writing the inclusion of the
Shangri La property within this Agreement within 90 days after the Effective Date of this
Agreement; or in the event that the Shangri La property is transferred to the District, such
property shall be deleted from this Agreement and this Agreement shall have no force and
effect with respect thereto. In the event that the Shangri La property is so deleted from this
Agreement so long as this Agreement, or any similar agreement between Agency and
Developer is in effect, upon Developer's request the Agency agrees to cooperate with the
Developer in discussions with the District regarding this disposition and/or development of
the Shangri La property in accordance with the Project plans described herein.
3 of 16 c: -3
2.1.4 A map showing the parcels comprising the property is attached hereto as
Exhibit A.
2.2 Proiect Description. Unless otherwise approved or required by Agency, the proposed
Project shall consist of the following:
5.8 rnillion square feet of high quality (interior and exterior) mixed use building area,
to include residences, retail/commercial uses, hotels and restaurants, recreation
areas, and a community center as follows:
Residential: Approximately 3,400 residential units are planned within the Project.
There are six product types anticipated, including single-family ecological housing
("eco-bungalows"L rental and condominium garden apartments (3-4 levels), mid-rise
(5-7 levels) multi-family units, high-rise (8+ levels) multi-family units, flats,
rowhouses and town homes, and mixed use residential with retail/civic uses.
The residential units are planned to be contained within multiple buildings of varying
heights, with a maximum height anticipated at 23 stories. The high-rise towers are
to be located within the interior of the Project with the lower-level buildings located
toward the exterior. Building heights are planned to be "stepped back" from the
Bayfront and refuge on the west and north, from the F&G Street Marsh on the
south, and from the eastern Project boundary.
Unit square footages and floor plans shall vary according to the product type with
the eco-bungalows, in particular, designed to be environmentally friendly. Ample
courtyards and open spaces with quality amenities will be provided between the
buildings to enhance public view corridors.
Commercial/Retail: Multiple community-serving retail areas (including limited office
space) comprising approximately 30,000 square feet will be provided within the
Project as mixed used development with residential, civic and recreational use
combinations. The commercial uses are intended to provide retail opportunities for
residents within the Project and shall be of an area that is supportable by the internal
residential development.
Hotels/Restaurants: Two hotels located within close proximity to Interstate 5,
ranging in height up to 6 levels, and comprising approximately 600 rooms are
anticipated. These hotels shall be of the highest quality commensurate with
expectation that they will establish the overall Project standards and expectations
due to their strategic location at the Project entry and their anticipated development
within the early phases of the Project. The feasibility of a high quality and
environmentally sensitive "resort"-type hotel will be analyzed for development within
the westerly portion of the Project boundary. Incorporated within each of the hotels
shall be high quality meeting facilities designed for both internal and external users.
Additional services contemplated include banquet and room service, concierge,
shuttle service to the airport and convention center, and above-standard amenities.
Recreation: Approximately 30 percent of the site is proposed for open space,
recreation, and limited park use. A synergistic relationship between the Project, the
Chula Vista Nature Center, and the Sweetwater Marsh Refuge is anticipated. This
relationship will include educational, operational, and accessibility opportunities. The
Project shall accommodate access to the Nature Center by providing. a visible
4 of 16 C -c.f
"gateway" to the Center, conveniently-located public parking, and a coordinated
trolley transport system. Pedestrian paths will connect with the nature trail system
along the Bayfront and refuge. The Project will also include an extensive and
integral pedestrian pathway system. A public bikeway system that connects north
and south with the CalTrans regional bikeway system will also be incorporated into
the Project design.
Additional Project recreational facilities shall include, but not be limited to, tennis
courts, basketball courts, par course, picnicking areas, and a man-made basin (aqua
promenade) for water-oriented activities. The potential for an indoor, on-site active
recreational facility will also be analyzed and incorporated as warranted. Off-site
park opportunities will be explored as well to meet the intent of the City's Park
Acquisition and Development Ordinance and Requirements.
Parking: Sufficient and optimally-located parking shall be provided throughout the
Project to accommodate owners, tenants, and non-residential visitors to the site.
In addition, The Project shall, without limitation:
(1) Comply with any and all applicable, federal, state and local
laws, regulations, standards and policies including any
applicable standards for development in the Bayfront
Redevelopment Project Area Plan and any applicable
affordable housing requirements in the City's General Plan
Housing Element.
(2) Incorporate a design that minimizes, to the extent feasible,
the traffic circulation and parking impacts that the Project
can be expected to produce.
(3) Provide public view corridors from and adjacent to the Project
site.
(4) Provide a strong connection between the retail and residential
components of the Project.
(5) Provide for diversity of residential product types and
signature elements.
(6) Provide for exceptional architectural theme and design which
establishes a strong Project identity.
(7) Provide for high-quality retailers and restaurants that are
compatible with the Project theme and design.
(8) Include linkages and connections between key project
components and with adjacent properties including, without
limitation, pedestrian and vehicular circulation elements, view
corridors, architecture, design, streetscapes and other
planning elements.
(9) Address regulatory agency requirements for enhancements to
the Sweetwater Marsh National Wildlife Refuge including trail
5 of 16 C-Q-
improvements, outlook points and maintenance of a refuge
buffer in a manner acceptable to the City.
(101 Provide Chula Vista Nature Center enhancements including
gate improvements, public parking, transit stops, and a
mechanism for ongoing support of Nature Center operations.
A preliminary concept plan for the Project is attached hereto as Exhibit B. Developer
acknowledges and agrees that Agency may require or irnpose additional material obligations on the
Project either in the negotiation of a DDA, or in the entitlements process. If Developer does not
agree to any such condition, Developer reserves the right to terminate this Agreement and not to
proceed with the Project. The Executive Director may require or approve minor modifications to the
proposed Project during the term hereof: material modifications to the Project must be approved by
the Agency Board.
3. DUTIES DURING NEGOTIATION PERIOD.
3.1 Developer's Obliqations.
3.1.1 Immediately after the effective date of this Agreement, Developer shall meet
and confer with Agency staff to develop a mutually agreeable negotiation
and development schedule, and to agree upon the required forms of Project
plans, pro forma, marketing and feasibility studies, and evidence of financing
that are required by the Agency per the milestones set forth below.
3.1.2 Within ten (10) days after the Effective Date, Developer shall deposit with
Agency $75,000 in immediately available funds (the "ENA Deposit") to be
utilized by Agency to conduct the Project analysis described in Section
1.1 (a)-(d) hereof. Concurrently, Agency shall provide Developer with a
preliminary budget for Agency's completion of such analysis. Agency shall
have the right to draw down on the ENA Deposit as necessary to pay third
party consultants, City staff time (at applicable full cost recovery rates), and
other reasonable costs incurred by the Agency in conducting such analysis.
Agency shall provide Developer with quarterly reports that contain a
description of the analysis accomplished and the amount of the draws that
occurred during the quarter. Additional deposits may be requested if the
initial deposit is exhausted. Any deposit balance remaining upon the
termination of the Agreement shall be returned to Developer.
Notwithstanding the foregoing, the Agency shall be responsible for
Community Development staff time, City Attorney's office staff time, and
Agency outside legal counsel fees (except as provided in Section
3.3.2,below).
3.1.3 Within 60 days after the Effective Date, Developer shall provide the Agency
with a preliminary Master and Phasing Plan for the entire Project; and
3.1.4 Within 120 days after the Effective Date, Developer shall provide the Agency
with:
(a) requested economic data including, but not limited to, project pro
forma and cash flow analysis for the Project;
6 of 16 c- ~
(b) anticipated type of acquisition financing for the project;
(c) anticipated sources of funding for the development of the Project's
initial phases including the first significant phase of residential
development; and
Id) a market study demonstrating adequate demand for residential units
at various price points and product types, and the projected
demographics of projected purchasers.
Ie) preliminary engineering and probable cost analysis for the Project's
proposed "Aqua Promenade".
3.1.5 Within 120 days after the Effective Date, Developer shall work with
Agency/City and propose methods for relieving the Agency/City of ongoing
operating costs related to the Nature Center.
3.1.6 Prior to the start of the public review period for the Draft Environmental
Impact Report for the Project, Developer shall provide the Agency with an
updated Master and Phasing Plan for the entire Project.
3.1.7 Throughout the Negotiation Period, the Developer shall make periodic oral
and written progress reports to the Agency on all matters requested by the
Agency. As Agency deems necessary or appropriate, presentations may be
requested at public forums to solicit input from citizens, businesses,
stakeholders and relevant interest groups.
3.2 Aqency Obliqations.
a. The Agency shall coordinate the CEQA process and prepare, or cause the
preparation of all required CEQA documents at Developer's cost. Developer
shall submit technical reports and other materials to Agency that may, in the
Agency's discretion, be used by Agency in preparing the required CEQA
documents. With Developer's cooperation, Agency shall use its best efforts
to select and retain an outside consultant to prepare the required CEQA
docurnents prior to January 31, 2002.
b. Agency shall determine the necessity for, as well as legal and financial
feasibility of, the transfer of the Agency Parcels to the Developer.
c. The Agency shall work with the Developer to determine all on-site and off-
site public improvements (both traffic and non-traffic) as well as all fees and
other exactions required to irnplement the Project, and assess the need for a
public facilities financing plan.
d. Agency staff shall meet with representatives of the Developer to provide
information on required traffic improvements and site design issues.
e. The Agency shall assist the Developer in establishing and periodically
updating a schedule of all discretionary and ministerial permits, reviews and
approvals required to implement the Project.
f. The Agency shall extend owner participation rights as required by law.
7 of 16 C -r
3.3 Entitlement Processin~
3.3.1 Developer is authorized to submit an application for land use entitlements
with respect to the development of the Property with the Project. Agency
shall process Developer's application in accordance with existing Agency and
City policies. The entitlement process will address all applicable land use
issues including, without limitation, affordable housing requirements,
schools, parks, transit, public facility/open space financing, sensitive habitat,
etc. In addition to the monies required for Project analysis under Section
3.1.1, above, Developer shall be responsible for payment of all standard City
entitlement processing fees.
3.3.2 It shall be the responsibility of the Developer, after early consultation with
the Agency as the lead agency, to fund the preparation of appropriate
environmental document(s) that will analyze the environmental impacts of
the Project in compliance with the California Environmental Quality Act
(CEQA) and all of its provisions, including, without limitation, the cost of
outside environmental and legal consultants. The Developer shall initiate
early coordination with the City of Chula Vista and appropriate agencies in
order to determine the type of environmental document an action requires,
the scope of the document, the level of analysis, and related environmental
requirements. Developer shall provide all necessary information, technical
reports, funds and agreements necessary to complete the required CEQA
process for the Project prior to or concurrent with any proposed adoption of
a DDA or entitlements for the Project.
3.3.3 If necessary to meet the agreed upon development schedule, Agency shall
retain, at Developer's expense, an outside engineering consultant to expedite
review of preliminary engineering and grading submittals for the Project.
3.4 Terms and Conditions for a DDA
Upon Agency staff's preliminary approval of Project concept plans, feasibility, marketability
and public benefit, Agency staff and Developer shall in good faith attempt to negotiate the terms
and conditions of a DDA. If the terrns of a DDA can be negotiated at a staff level, Agency staff
shall present same to the Agency Board for its review and consideration. Any negotiated DDA
shall, among other things, contain and not be inconsistent with, the terms and conditions set forth
herein below.
a. Disposition of the A~ency Owned Parcels.
The Agency shall convey to Developer the Agency Parcels that are
necessary for the Project, and the Developer shall acquire the Agency Parcels
on such terms as may be agreed upon by the Developer and Agency. The
Agency Parcels shall be transferred in an "AS IS" condition with no
representations and warranties as to its physical condition or its suitability
for Developer's intended use. Agency will agree to provide Developer with
all information in its possession regarding the physical condition of the
Agency Parcels and provide Developer with reasonable access to the Agency
Parcels and permission to engage in reasonable environmental and
engineering testing on the Agency parcels subject to Developer's indemnity
obligation set forth in Section 3.4, below. The purchase price, rental and/or
8 of 16 C-g
other consideration will be based upon such factors as market conditions,
scope of development, cost of development, risks incurred, environmental
remediation, estimated or actual profit, estimated or actual rates and charges
for the facilities to be developed, public purpose, and other matters relevant
to establishing the fair market value for the uses permitted to be developed
thereon.
b. Developer Acquisition of Property.
The Developer shall own or acquire control of all parcels comprising
the Property, in such a way and at such times as to permit the development
of the Project. In the event after good faith best efforts, Developer has been
unable to acquire one or more parcels necessary for the development of the
Project, the Agency, after exercising its own best efforts to voluntarily
acquire such parcels, may agree to schedule and deliberate upon the
acquisition of all or some of the non-Agency owned parcels in the Property
by the exercise of eminent domain. Nothing herein shall obligate the Agency
to exercise eminent domain except as it deems consistent with the public
interest and the requirements of the law. Agency shall retain full discretion
to reject the use of erninent domain as it deems appropriate and consistent
with the public interest.
c. Development of the Proiect.
The Developer shall develop the Property with the Project, or a
reasonably similar variant of the Project as approved by the Agency
Board/City Council in accordance with an agreed upon phasing plan and
schedule.
d. Security for Developer's Performance.
Developer shall provide security for its performance under the DDA.
Security measures may include one or more of the following: (1) a
conveyance of a conditionally defeasible fee title with right of reverter; (2) a
performance trust deed; and/or (3) guarantees, bonds, letters of credit, cash
deposits or other similar instruments. Any such measures shall take into
consideration any Project lender's need to be secured and, prior to Agency's
exercise of its enforcement rights, shall give such lender adequate notice and
an opportunity to cure any Developer defaults.
e. Aqency shall have approval riqhts for certain operators, users,
tenants.
Agency shall have reasonable approval rights for the operator of the
hotels in the Project. Specific standards and the process for approval shall
be negotiated by the parties.
f, Economic Risk.
Except as expressly agreed to by the Agency/City in the DDA,
Developer shall absorb all economic risks and costs associated with the
acquisition of the Property and the completion of the Project.
9 of 16 c- 9
g. Approval of Merchant Builder(s) and Lender(s).
Agency shall have reasonable approval rights over any merchant
builder(s) and construction and permanent lender(s) for the Project. Specific
standards and the process for obtaining Agency approval shall be negotiated
by the parties.
h. Restrictions A~ainst Discrimination.
The DDA shall contain the constraints against discrimination in the
forrn and manner required by state redevelopment law.
i. Assi~nment.
Developer's rights and obligations under the DDA shall not be
assignable without Agency approval. Specific standards and the process for
obtaining Agency approval shall be negotiated by the parties,
j. Indemnity.
Developer shall indemnify, protect, defend, and hold harmless
Agency, its elected officials, employees and agents against (a) any and all
challengers to the DDA, the Project, or the related entitlements, and (b) any
losses, damages, liabilities, costs (including attorneys fees or court costs) or
claims therefore arising, directly or indirectly, from actions, errors or
omissions of Developer, Developer's employee's or agents in connection
with Developer's processing, development, financing, transfer or operation of
the Project, except to the extent caused by Agency's sole negligence or sole
willful misconduct. Developer's obligation under this Section shall survive
the termination of the DDA.
k. Restrictions on Speculation and Excess Profit Takin~.
In accordance with California Health and Safety Code Section 3437,
the DDA shall include appropriate covenants and restrictions that the Agency
believes necessary to prevent speculation or excess profit taking.
I. Operatinq Covenants and Restrictions.
The parties shall negotiate appropriate operating covenants and
restrictions designed to assure the long-term existence and success of the
Project.
3.4.1 No Pre-Commitment.
The inclusion of the basic DDA terms set forth above shall not be deemed to be
acceptance of such items by either party until such time as the Agency may approve, and
the parties execute a DDA.
3.4.2 Ri~ht to Neqotiate for Cost Subsidy.
Developer reserves the right to request Agency consideration of a Project
subsidy to the extent necessary for the redevelopment of the Property. Agency reserves the
10 of 16 c- (0
right to approve or disapprove such a request in its sole discretion in accordance with
applicable redevelopment laws.
4. RETENTION OF DISCRETION TO APPROVE THE PROJECT AND DDA
It is anticipated that the Project and the DDA providing for its implementation will be
presented to Agency Board for approval. The Parties understand that the Agency is reserving the
right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its
discretion, including, but not limited to the following:
4.1 Approval by the Aqency of the final Project as contained in the DDA. The parties
understand that the Agency has the complete and unfettered discretion to reject the DDA without
explanation or cause. The risk of loss of all processing, design and developmental costs incurred by
the Developer prior to DDA approval shall be absorbed entirely by Developer except unless expressly
assumed, by the terms of this Agreement, by the Agency.
4.2 Review and approval by the AÇ1ency of all discretionary findinÇ1s and conclusions.
The duty of the Agency to dispose of the parcels comprising the Property shall be conditioned upon
the successful review and approval of all necessary findings and conclusions which the Agency
board is required to make, including all necessary findings and determinations required under CEQA,
state and local land use provisions and the Redevelopment Act. As to any matter which the Agency
may be required to exercise its unfettered discretion in advancing the Project to completion, nothing
herein, nor to be contained in the DDA shall obligate the Agency to exercise its discretion in any
particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be
deemed to constitute a breach of Agency duties under this agreement.
5. TERMINATION RIGHTS
Notwithstanding the nominal Initial or Extended Negotiating Periods hereinabove set forth,
either party may terminate this Agreement if the other party has materially defaulted in its
obligations herein set forth, and the terminating party has provided defaulting party with written
notification of such determination, and the defaulting party has refused to cure same. The written
notification shall set forth the nature of the actions required to cure such default if curable.
Defaulting party shall have 30 days from the date of the written notification to cure such default. If
such default is not cured within the 30 day, the termination shall be deemed effective. For
purposes of this paragraph, the parties hereby acknowledge that time is of the essence. Each party
shall also have the right to terminate this Agreement in the event that Agency or Developer
determines that (a) the Project is infeasible or not in the public interest; or (bl the parties reach an
impasse in their negotiation of the DDA which cannot be resolved after good faith efforts. Agency
also has the right to terminate this Agreement, in its sole discretion, upon the termination of
Developer's option rights under the Option Agreement with CVC, or the determination by CVC that
Developer is in material default under the Option Agreement; provided, however, that prior to
exercising its termination right based on a CYC determination of material default under the Option
Agreement, City shall first notify Developer in writing of CVC's determination and shall suspend this
Agreement for a period of sixty days. If after the expiration of such 60-day period CYC has not
withdrawn its determination of material default, this Agreement shall terminate effective as of the
date of City's first notice of CYC's rnaterial default determination.
6. ADDITIONAL TERMS AND OBLIGATIONS
6.1 No CompetinÇ1 Development.
11 of 16 c- (I
Developer shall not commence the construction of any parcels comprising the Property
owned or controlled by the Developer until this Agreement has been properly terrninated according
to its terms or the Agency/City has approved the Project.
6.2 AQency RiQht to Acquire Developer Acquired Parcels.
If Developer shall have acquired any part of the Property not owned by or under contract with
Developer as of the Effective Date, and this Agreement is properly terminated without an approved
DDA, the Agency shall have the option, notice of exercise of which is to be given within 120 days
after receipt of written notice of termination, to acquire such parcels for the actual cost incurred by
Developer in its acquisition, Such costs shall include, but not be limited to, reasonable third party
fees incurred in the acquisition, reasonable carrying costs, and a reasonable charge for time spent
on the acquisition by Developer representatives prior to the sale to the Agency.
6.3 Developer's FindinQs, Determinations, Studies, Reports, and FinancinQ.
As requested by the Agency, from time to tirne, the Developer agrees to make periodic oral
progress reports and periodic written reports advising the Agency on all matters and all studies
being made to the extent that they do not include confidential matters. All such matters shall be
deemed to be the joint property of Agency and Developer, and may be used by either party without
reimbursement to the other. Notwithstanding the foregoing, in the event that the Agency enters
into an agreement for the redevelopment of the Property within one year after the termination of
this Agreement for a reason other than Developer's default hereunder, and such an agreement is
with a developer that presented an unsolicited Property development proposal during the term
hereof, Developer shall be entitled to reimbursement of its out-of-pocket costs incurred with respect
to those studies and reports that it provided to the Agency and are utilized by the subsequent
developer for development of the Property.
6.4 Preliminary AQreement.
If the negotiations culminate in a preliminary agreement between the Staff and Developer as
to the terms for a DDA ("Preliminary Agreement"), upon its execution by Developer, such an
agreement shall be deemed to be an irrevocable offer to the Agency to contract on the terms of the
Preliminary Agreement for a period therein provided for, but at least 30 days, but shall not become
obligatory upon the Agency or become effective until after the agreement has been considered and
approved by the Agency after such public hearings and such procedures as are prescribed by law.
6.5 Real Estate Commissions.
Neither the Agency or Developer shall be liable for any real estate commission or brokerage
fees which may arise here from. The Agency and Developer represent that they have engaged no
broker, agent or finder separately in connection with this transaction and each party agrees to
indemnify, hold harmless and defend the other against claims for commissions or fees made through
such party.
6.6 Each Party to Bear its Own Cost.
Each party shall bear its own costs incurred in connection with the negotiation of a DDA,
and the implementation of this Agreement, except as otherwise expressly provided herein or
expressly agreed in writing.
12 of 16 C - rL
6.7 Confidentiality.
Developer acknowledges and agrees that Agency is a public entity with a responsibility and,
in many cases, legal obligation to conduct its business in a manner open and available to the public.
Accordingly, any information provided by Developer to Agency with respect to the Property, the
Project or Developer may be disclosed to the public either purposely, inadvertently, or as a result of
a public demand or order. With respect to any information provided that Developer reasonably
deems and identifies in writing as proprietary and confidential in nature, Agency agrees to exercise
its best efforts to keep such inforrnation confidential. Upon Developer's request, Agency agrees to
negotiate the terms for a Confidentiality Agreement with respect to such information.
7. NO PRE-COMMITMENT
By its execution of this Agreement, the Agency is not committing itself or agreeing to
undertake any activity requiring the subsequent exercise of discretion by the Agency, or any
department thereof including, but not limited to, the approval and execution of a DDA; the proposal,
amendment, or approval of any land use regulation governing the Property; the provision of financial
assistance for the development of any public or private interest in real property; the authorization or
obligation to use the Agency's eminent domain authority; or, any other such activity.
This Agreement does not constitute a disposition of property or exercise of control over
property by the Agency and does not require a public hearing. Agency execution of this agreement
is merely an agreement to enter into a period of exclusive negotiations according to the terms
hereof, reserving final discretion and approval by the Agency as to any proposed DDA and all
proceedings and decisions in connection therewith.
8. GENERAL PROVISIONS
B.1 Address for Notice.
Developer's Address for Notice:
Pacifica Companies, Inc.
1785 Hancock Street, Suite 100
San Diego, CA 92110
Attn: Deepak Israni
Richard Campbell
Telephone: (619) 296-9000
Fax: (619) 296-9090
Latham & Watkins
701 "B" Street, Suite 2100
Attn: Allen Haynie
Telephone: (619) 238-2835
Fax: (619) 696-7419
Agency's Address for Notice:
Redevelopment Agency of the City of Chula Vista
Community Development Department
276 Fourth Avenue
ChulaVista,CA 91910
Attn: Chris Salomone, Community Development Director
Leisa Lukes, Principal Community Development Specialist
Telephone: (619) 691-5047
13 of 16 c- 13
Fax: (619) 476-5310
Copy to: Glen Googins, Assistant City Attorney
8.2 Authority.
Each party represents that it has full right, power and authority to execute this Agreement
and to perform its obligations hereunder, without the need for any further action under its governing
instruments, and the parties executing this Agreement on the behalf of such party are duly
authorized agents with authority to do so.
8.3 Counterparts.
This Agreement may be executed in multiple copies, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each party ahs signed such a
counterpart.
8.4 Entire AQreement.
This Agreement together with all exhibits attached hereto and other agreements expressly
referred to herein, constitutes the entire Agreement between the parties with respect to the subject
rnatter contained herein. All prior or contemporaneous agreements, understandings,
representations, warranties and statements, oral or written, are superseded.
8.5 Further Assurances.
The parties agree to perform such further acts and to execute and deliver such additional
documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the parties.
8.6 No Third Party Beneficiaries.
There are no other parties to this Agreement, express or implied, direct or indirect. The
Agency and Developer acknowledge that it is not their intent to create any third party beneficiaries
to this Agreement.
8.7 Exclusive Remedies.
Termination of the Agreement pursuant to Section 5 above and the limited monetary
damages remedy set forth herein, below, shall be the sole and exclusive remedies of a non-
defaulting party with respect to any default hereunder, and neither party shall be liable to the oth,ir
party for additional losses or damages suffered by the other party as a result thereof. Without
limiting the foregoing, in no event shall either party or its respective officers, directors, partners,
shareholders, agents or employees be liable to the other party hereunder for special, indirect,
consequential, punitive or exemplary damages of any nature or kind whatsoever except as expressly
provided herein, including loss of profits or revenue, lost business opportunity, lost contracts or loss
of use, and each party hereby releases the other therefrom. The parties intend that the waivers and
disclaimers of liability, releases from liability, limitations of liability, and exclusive remedy provisions
expressed in this Section shall apply, whether in contract, tort or otherwise, even in the event of
the fault, negligence (in whole or in part), strict liability or breach of contract of the party released
or whose liability is waived, disclaimed, limited or fixed by such exclusive remedy provision, and
shall extend to such party's affiliates and contractors, and to its and their partners, shareholders,
directors, officers, employees and agents. The parties also intend and agree that such provisions
shall continue in full force and effect notwithstanding the expiration or earlier termination of the
14 of 16 c- Ic.f
Agreement. Notwithstanding the foregoing, in the event of a default, the non-defaulting party
reserves the right to pursue the other for monetary damages in an amount limited to the following:
(1) In the event of a default by the Agency, Developer's monetary damages shall be limited to the
amount of the ENA Deposit (as it may be increased by additional Developer deposits) expended by
the Agency as provided in Section 3.1.2 hereof. 12) In the event of a default by Developer,
Agency's monetary damages shall be limited to the amounts expended on outside consultants in
connection with the Project that were not funded by Developer in an amount not to exceed
$150,000. The limitations in this Section shall not apply to limit Developer's obligations under
Section 8.8 hereof.
8.8 Indemnity.
Developer shall indemnify, protect, defend and hold harmless Agency, its elected officials,
employees and agents from and against any and all challenges to this Agreement, or any and all
losses, liabilities, damages, claims or costs (including attorneys' fees) arising from Developer's
negligent acts, errors, or omissions with respect its obligations hereunder or the Property, excluding
any such losses arising from the sole negligence or sole willful misconduct of the Agency. This
indemnity obligation shall survive the termination of this Agreement. Notwithstanding the
foregoing, in the event of a third party challenge to the validity of this Agreement, Developer shall
have the option to terminate this Agreement in lieu of its indemnity obligation. This indemnify
obligation shall not apply to claims of breach of contract.
8.9 Assiqnment.
Agency would not have entered into this Agreement but for Developer's unique
qualifications and experience. Therefore, Developer's rights and obligations under this Agreement
may not be assigned without the prior written approval of the Agency in its sole discretion.
Notwithstanding the foregoing, subject to the reasonable prior written approval of the Executive
Director, Developer may assign its rights hereunder to a new entity controlled by principals of the
Developer for purposes of developing the Project. Such new entity may include additional parties
provided thaeral partners of Developer, or an entity controlled thereby, retains responsibility for
fulfilling its obligations hereunder, and Developer retains material management control and authority
over the entity and the Project.
8.10 Time is of the Essence.
Time is of the essence for each of Developer's obligations under this Agreement
8.11 Access.
During the term of this Agreement, Developer shall have reasonable access to the Agency
Parcels and permission to engage in reasonable environmental and engineering testing thereon,
subject to Developer's indemnity obligations set forth in Section 8.8 hereof, above, and the
obligation to restore the property to its original condition within 30 days after the terrnination of this
Agreement in the event a DDA is not approved for the Project. Developer shall be solely responsible
for obtaining permission to access any Third-Party Parcels comprising the Property.
[ NEXT PAGE IS SIGNATURE PAGE]
15 of 16 C-IS-
SIGNATURE PAGE
TO
EXCLUSIVE NEGOTIATING AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth
above, thereby indicating the consent of their principals.
REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA
By:
Shirley Horton
Chair By: t4l1~( ¡,-
Approved as to form: Ashok Israni, General Partner
By:
John M. Kaheny
Agency Attorney 1 City Attorney
Date:
Approved as to content:
By:
Chris Salomone
Executive Secretary/
Community Development Director
Date:
H:lcommdevllukesIENA-MIDBA YFRDN (FINAL!
16 of 16 C- Ie,
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PAGE 1, IIEM NO.:
MEETING DATE: 04/16/02
JOINT REDEVELOPMENT AGENCY / CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE: JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY
AGREEMENT BETWEEN THE CITY OF CHULA VISTA; DUDEK &
ASSOCIATES, INC., CONSULTANT; NORTH C.V. WATERFRONT L.P.,
APPLICANT, FOR LAND USE CONSULTING SERVICES RELATED TO
THE PREPARATION OF A PROJECT EIR FOR THE MIDBAYFRONT
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR Lt\- ~ c.s.
REVIEWED BY: CITY MANAGER&t OIL'
,
4/5THS VOTE: YESDNO0
BACKGROUND
The applicanf, North c.V. Waterfronf loP., is to file a Specific Plan applicafion for the Midbayfront
Project, proposing 6.4 million square feef of mixed-use building area to consisf of a mix of
residences, refail/commercial uses, hotels and restauranfs, recreafional areas, and a community
cenfer. The Planning & Environmental Services Manager in the Community Developmenf
Department has defermined that the proposed project requires the preparation of a Project
Environmenfal Impact Report (EIR). This report requests fhaf fhe City Council and Redevelopment
Agency approve the proposed contract wifh DUDEK & Associafes, Inc., for an amount nof to exceed
$194,325 to provide consultant services for the preparation of fhe CEQA required environmenfal
documents for fhe proposed project.
RECOMMENDATION
Thaf the City/Agency adopt the resolufion approving a fhree-party agreemenf between the City of
Chula Vista; DUDEK & Associafes, Inc., Environmenfal Consulfants; and North c.V. Waterfront loP.,
Applicanf, for environmental consulting services related to the preparafion of a Project EIR, for the
Midbayfront Project and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION
Nof applicable.
5-/
PAGE 2, ITEM NO.:
MEETING DATE: 04/16/02
DISCUSSION
Backaround
The applicant, North c.V. Waterfronf loP., has indicated their intenf to file a Specific Plan
application for fhe Midbayfront project sife proposing 6.4 million square feef of mixed-use
building area to consist of a mix of residences, refail/commercial uses, hofels and resfaurants,
recreafional areas, and a community center. Approximately 30 percenf of fhe site is proposed for
recreafion and limited park use. The Midbayfront project includes fhe extension of Marina Drive
from "E" Streef to connect wifh "F" Street/(Lagoon Drive) at the soufhwest corner of the sife.
Marina Drive would provide fhe primary access to fhe sife and fhroughout the project area. A
more detailed description of fhe projecf is included in the related report on tonighfs agenda
regarding the Exclusive Negotiafing Agreemenf.
The project proposes to amend fhe General Plan, Specific Plan, and fhe Local Coasfal Program.
Other proposed discretionary actions that will occur subsequent to Specific Plan approval include
approval of a coastal developmenf permit, tentative subdivision map and development of a
Habifat Resforation and Managemenf Plan and Biological Resources Management Plan. The
Specific Plan will establish the land use plan, zoning and design for the project.
The project proposes six high-rise residential fowers (12 to 24 levels) of 116 feet to a maximum
of 229 feet in height. Mid-rise development includes two hofels with a maximum height ranging
between 90 feet (7 fo 8 levels) and 50 feet (5 fo 6 levels). five mid-rise condominiums wifh 5 to 7
levels, the garden apartmenfs, and live-work townhomes. None of the proposed structures are
anficipafed to exceed fhe allowable height limits established by the City.
Furthermore, the proposed building heights are in conformance with heighf regulafions described
in Bayfront Specific Plan, Chapter 19.85 of fhe Chula Vista Municipal Code. The Specific Plan
allows two hofel buildings fo be developed up to 229 feef fall, and a third hofel building of up to
100 feet tall. For commercial developmenf professional and administrative use, the developer
would be permitted fo build up to 96 feet in height. Proposed cultural facilities may be built up to
100 feet in height.
The anticipafed project proposes approximafely 358,500 cubic yards of cut and 858,500 cubic
yards of fill during grading. The project is estimated to have a maximum cut slope rafio of 1: 1,
with a maximum cut slope heighf of 4 feef, located at fhe soufhwesf corner of the site where
Lagoon Drive furns info Marina Parkway. The maximum fill slope ratio is 2: 1, with a maximum
fill slope height of 14 feef, located near the wesfern boundary. It is anticipated fhat
approximafely 500,000 cubic yards of additional soil will be imported to fhe project sife.
The projecf will be required to implement design measures defailed in fhe City of Chula Vista
Design Manual (adopted 1994) fo ensure compafibility wifh community character, and to provide
safety to visitors and residenfs to fhe area.
3-d
PAGE 3, ITEM NO.:
MEETING DATE: 04/16/02
Pursuant fo the California Environmenfal Quality (CEQA), the Planning & Environmental Services
Manager has determined fhat the proposed project requires fhe preparation of 0 project
Environmenfal Impact Report. Community Department sfaff does not have the available fime or
expertise fo prepare the needed Environmenfal Impact Report. Therefore, fhe applicanf
proposing the project musf enter info a three-party agreement for fhe preparafion of fhe CEQA
documentafion.
Consultant Services Selection Process
The fofal cost of the contract for consulfing services is $194,325. Because fhe cost exceeds
$50,000 the contract must be awarded by the Redevelopmenf Agency/City Council pursuant to
fhe procedures specified in Section 2.56.110(3) of fhe Chula Visfa Municipal Code.
A requesf for proposal was disfributed to fhe 29 persons or firms included on fhe City's list of
qualified EIR Consultanfs, and five proposals were received. The Selection Committee appoinfed
by fhe City Manager invifed fhree firms to interview. The Selection Committee reviewed and
ranked fhe proposals based on company experience, quality of management feam, capacity fo
perform fhe work, grasp of fhe project requirements and scope, proposal quality and clarity,
familiarity wifh local area and procedures, billing rates, and performance record.
The Planning & Environmental Services Manager and the Selection Committee have determined
thaf DUDEK & Associates, Inc., has demonsfrafed unique qualifications to serve as fhe Consultant
for this confract. DUDEK & Associafes, Inc., sfaff has direct experience on fhe project site having
served in a City position fhaf evaluated development proposals for the Midbayfronf project area.
Addifionally, under the original scope of work Dudek's contract proposed amounf was the lowest.
Dudek's selecfion was based an their sfaff's familiarity wifh the sife and its required discrefionary
permifs, including those issued by other responsible agencies, as it fits in with fhe City's vision of
the sensitivity of the project area. The Midbayfront project's size, location, and visual prominence
have made if the subject of bofh high expectations and scrutiny. Dudek's proposal nof only
included additional visual analysis, but fheir assigned personnel have extensive experience
working not only wifh, buf within, the City of Chula Visfa, as well as the California Departmenf of
Fish and Game, and the Unifed Sfates Fish and Wildlife Service. This familiarity with fhe internal
workings and operating procedures of these agencies will augment their professional ability to
respond fo comments and required processes generated in a timely fashion, allowing fhe
opportunity for the project schedule fo be expedited. Finally, Dudek's contract proposal (net of
their additional visual analysis) amounf was the lowest of fhe five received.
DUDEK & Associates, Inc., represenfs, and the City concurs, fhat they are experienced and staffed
in a manner such thaf fhey can prepare and deliver the required services within fhe necessary
fime frames. The Planning & Environmental Services Manager has negofiated the defails of these
agreements in accordance with procedures set forth in Section 6.5.2 af the Environmental Review
Procedures.
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PAGE 4, ITEM NO.:
MEETING DATE: 04/16/02
The proposed contract confains the condifions required by the Municipal Code, which includes
scope, work pion, schedule, costs, fee, method of poymenf, durafion, and indemnificafion. The City
Risk Manager ond fhe City Attorney's Office have reviewed and approved fhe form of fhe confroct.
FISCAL IMPACT
There would be no resulting impact fo fhe General Fund or Redevelopment Agency. The
applicanf, North c.V. Waterfront loP. (not fhe City) will fully compensate the consulfant. The
contract amount for consulfing services IS $194,325. The contract allows the Confract
Adminisfrafor, subject fo approval of fhe applicant, to negotiafe additional fees nof fo exceed
25% of the fotal contract amount ($48,581) fo cover unforeseen issues fhaf may be identified
during fhe preparation of fhe Project EIR.
AnACHMENTS
1. Three-Party Agreement between fhe City of Chula Vista, DUDEK & Associates, Inc.; and North
c.V. Waferfront loP.
J:\COMMDEY\STAFF.REP\O3-19-02\Midbayfcont Contract.doc
5-L/
AGENCY RESOLUTION NO.
AND
COUNCIL RESOLUTION NO.
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA
VISTA; DUDEK & ASSOCIATES, INC., CONSULTANT; AND
NORTH C.v. WATERFRONT LP, APPLICANT FOR CONSULTING
SERVICES FOR PREPARATION AND SUBMITTAL OF A PROJECT
ENVIRONMENTAL IMPACT REPORT FOR THE MIDBAYFRONT
PROJECT AREA AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the Applicant has deposited or will deposit an initial sum for the consulting
services necessary for the preparation of the environmental documents as outlined in Exhibit "A";
and
WHEREAS, it was determined by the Director of Community Development that staff has
neither the available time or expertise to perform the subject work; and
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the Planning &
Environmental Services Manager has determined that the proposed project requires the preparation
of a Project EIR; and
WHEREAS, a Request for Proposal was distributed to the 29 persons or firms included on
the City's list of qualified EIR Consultants, and five proposals were received by the City; and
WHEREAS, the City Manager appointed a selection committæ which has in accordance with
Section 2.56.110 of the Chula Vista Municipal Code, recommended the above noted Consultant
perform the required services for the City; and
WHEREAS, the Planning & Environmental Services Manager has negotiated the details d this
Agreement in accordance with applicable procedures set forth in Section 6.5.2 of the Environmental
Review Procedures.
NOW, THEREFORE, BE IT RESOLVED that the City Council and Redevelopment Agency of
the City of Chula Vista does hereby approve a three-party agreement between the City of Chula
Vista; DUDEK & Associates, Inc., ("Consultant"), and North C,v. Waterfront LP. ("Applicant") for
consulting services for preparation and submittal of a project Environmental Impact Report for the
Midbayfront Project Area.
Presented by Approved as to form by
~~ ~~\~ ~
Chris Salomone John eny
Director of Community Development City Attorney and Agency Counsel
J:\COMMOEVlRESOSlMidbayfront Consultant doc
S-:s-
Three-Party Agreement
Between
City of Chula Vista,
DUDEK & Associates, Inc. Consultant, and
North C.V. Waterfront L.P., Applicant
For Consulting Work to be rendered with regard to Applicants'
Project
1. Parties.
This Agreement is made as of the reference date set forth in
Exhibit A, for the purposes of reference only, and effective as of
the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State
of California, the person designated on the attached Exhibit A as
"Consultant", DUDEK, whose business form and address are indicated
on the attached Exhibit A, and the person(s) designated on the
attached Exhibit A as "Applicant", North C.V. Waterfront L. P.,
whose business form and address are indicated on the attached
Exhibit A, and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner of land
("Property") commonly known as, or generally located as, described
on Exhibit A, Paragraph 1, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the
Project described on Exhibit A, Paragraph 2, and in that regard,
has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on
Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of
Applicant, Work of the general nature and type described in Exhibit
A, Paragraph 4, ("Work") will need to be completed.
Three-Party Agreement
4/2/02 Page 1
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2.4. City does not presently have the "in-house" staff or
resources to process the application within the time frame
requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which
Applicant shall retain, and be liable for the costs of retaining,
Consultant, who shall perform the services required of Consultant
by this Agreement solely to, and under the direction of, the City.
2.6. Additional facts and circumstances regarding the
background for this agreement are set forth on Exhibit B.
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City,
and at Applicant's sole cost and expense, to perform to, and for
the primary benefit of, City, and solely at City's direction, all
of the services described on the attached Exhibit A, Paragraph 4,
entitled "General Nature of Consulting Services", ("General
Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the
benefit. of City all of the services described in Exhibit A,
Paragraph 5, entitled "Detailed Scope of Work", ("Detailed
Services"), and all services reasonably necessary to accomplish
said General Services and Detailed Scope of Work, and shall deliver
such documents required ("Deliverables") herein, all within the
time frames herein set forth, and in particular as set forth in
Exhibit A, Paragraph 6, and if none are set forth, within a
reasonable period of time for the diligent execution of
Consultant's duties hereunder. Time is of the essence of this
covenant.
The Consultant does hereby agree to perform said General and
Detailed Services to and for the primary benefit of the City for
the compensation herein fixed to be paid by Applicant.
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In delivering the General and Detailed Services hereunder, the
Consultant shall do so in a good, professional manner consistent
with that level of care and skill ordinarily exercised by members
of the profession currently practicing under similar conditions and
in similar locations, at its own cost and expense except for the
compensation and/or reimbursement, if any, herein promised, and
shall furnish all of the labor, technical, administrative,
professional and other personnel, all supplies and materials,
machinery, equipment, printing, vehicles, transportation, office
space and facilities, calculations, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by
the City or Applicant, necessary or proper to perform and complete
the work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services
rendered by Consultant without regard to the conclusions reached by
the Consultant, and according to the terms and conditions set forth
in Exhibit C adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement, by
paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of
Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such
payment by the City, City shall promptly, not later than 15 days,
or in accordance with the Bill Processing procedure in Exhibit C,
if checked, pay said amount to the Consultant. City is merely
acting in the capacity as a conduit for payment, and shall not be
liable for the compensation unless it receives same from Applicant.
Applicant shall not make any payments of compensation or otherwise
directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the
concurrence of City, determines that additional services
("Additional Services") are needed from Consultant of the type
Consultant is qualified to render or reasonably related to the
Services Consultant is otherwise required to provide by this
Agreement, the Consultant agrees to provide such additional
services on a time and materials basis paid for by Applicant at the
rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between
the parties.
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4/2/02 Page 3
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3.2.2. In the event that the City shall determine that
additional work is required to be performed above and beyond the
scope of work herein provided, City will consult with Applicant
regarding the additional work, and if thereupon the Applicant fails
or refuses to arrange and pay for said Additional Services, the
City may, at its option, suspend any further processing of
Applicant's Application until the Applicant shall deposit the
City's estimate of the costs of the additional work which the City
determines is or may be required. Applicant shall pay any and all
additional costs for the additional work.
3.2.3. Reductions in Scope of Work. City may
independently, or upon request from Consultant, from time to time
reduce the Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in
good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said
reduction. Upon failure to agree, the Fixed Fee may be
unilaterally reduced by the City by the amount of time and
materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of
Consultant by Applicant, Applicant shall, upon execution of this
Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of
such trust being as indicated on Exhibit C and as hereinbelow set
forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to
retain from said Deposit all costs incurred by City for which it is
entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit
Amount, if any, shall accrue to the benefit of, and be used for,
Trust purposes. City may, in lieu of deposit into a separate bank
account, separately account for said deposit in one or more of its
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4/2/02 Page 4
5-;
various bank accounts, and upon doing so, shall proportionately
distribute to the Deposit Trust, the average interest earned during
the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit
Amount, including any unused interest earned, shall be returned to
Applicant not later than 30 days after the termination of this
Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within
30 days after of the use of the Deposit in any manner. Nothing
herein shall invalidate use of the Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall
reasonably determine that inadequate funds remain on Deposit to
secure future compensation likely due Consultant or City, City may
make demand of Applicant to supplement said Deposit Amount in such
amount as City shall reasonably specify, and upon doing so,
Applicant shall, within 30 days pays said amount ("Supplemental
Deposit Amount") to City. Said Supplement Deposit Amount or
Amounts shall be governed by the same terms of trust governing the
original Deposit.
3.3.2. Withholding of Processing. In addition to use of
the Deposit as security, in order to secure the duty of Applicant
to pay Consultant for Services rendered under this agreement, City
shall be entitled to withhold processing of Applicant's Application
upon a breach of Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Three-Party Agreement
4/2/02 Page 5
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4.1.1. Statutory Worker's Compensation Insurance and
Employer's Liability Insurance coverage in the amount set forth in
the attached Exhibit A, Paragraph 10.
4.1. 2. Commercial General Liability Insurance including
Business Automobile Insurance coverage in the amount set forth in
Exhibit A, Paragraph 10, combined single limit applied separately
to each project away from premises owned or rented by Consultant,
which names City and Applicant as an Additional Insured, and which
is primary to any policy which the City may otherwise carry
( "Primary Coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
4 .1.3. Errors and Omissions insurance, in the amount set
forth in Exhibit A, Paragraph 10, unless Errors and Omissions
coverage is included in the General Liability policy.
4.2. Proof of Insurance Coveraqe.
4.2.1. Certificates of Insurance. Consultant shall
demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery
of Certificates of Insurance demonstrating same, and further
indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to
demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a
policy endorsement to the City and Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be
the responsibility of the City and the Applicant. The Consultant
shall not publish or release news items, articles or present
lectures on the Project, either during the course of the study or
after its completion, except on written concurrence of the City and
Applicant.
Three-Party Agreement
4/2/02 Page 6
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4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant
except in the presence of the City, or by writing an exact copy of
which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the
Applicant to ensure the adequacy of services performed by
Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the
City, for the use by the Consultant and City, such documents, or
copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in
performing the services herein required of Consultant, including
but not limited to those described in Exhibit A, Paragraph 7.
5.2. Property Access.
The Applicant hereby grants permission to the City and
Consultant to enter and access the Property, to take any borings,
make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the
Applicant. Consultant shall promptly repair any damage to the
subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless from all loss, cost, damage,
expenses, claims, and liabilities in connection with or arising
from any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant
except in the presence of the City, or by writing an exact copy of
which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they
desire with the Consultant to ensure the adequacy of services
performed by Consultant.
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4/2/02 Page 7
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6. Administrative Representatives.
Each party designates the individuals ("Administrators")
indicated in Exhibit A, Paragraph 8, as said party's contract
administrator who is authorized by said party to represent them in
the routine administration of this agreement.
7. Conflicts of Interest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to
the City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City
Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this Agreement.
Three-Party Agreement
4/2/02 Page 8
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7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's, which may result in
a conflict of interest for the purpose of the Fair political
Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which
is the subject matter of the Project, or in any property within 10
radial miles from the exterior boundaries of the property which is
the subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates
by Applicant or by any other party as a result of Consultant's
performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this
Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire
any such Prohibited Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party, which may be in
conflict with Consultant's responsibilities under this Agreement.
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4/2/02 Page 9
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8. Default of the Consultant for Breach.
This agreement may be terminated by the City for default if
the Consultant breaches this agreement or if the Consultant refuses
or fails to pursue the work under this agreement or any phase of
the work with such diligence which would assure its completion
within a reasonable period of time. Termination of this agreement
because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this
agreement, the City shall have the absolute right at any time to
terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination of this agreement by the City
in the absence of default of the Consultant, the City shall pay the
Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination,
less the aggregate of all sums previously paid to the Consultant
for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims
for damage or compensation arising under this agreement, except as
set forth herein, in the event of such termination.
9.4. In the event of termination of this agreement, and upon
demand of the City, the Consultant shall deliver to the City, all
field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in
performance of this agreement, and all such documents and materials
shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall
provide a copy, at Applicant's cost, of all such documents to the
Applicant.
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4/2/02 Page 10
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9.5. Applicant shall have no right to terminate Consultant,
and shall not exercise any control or direction over Consultant's
work.
10. Administrative Claims Requirement and Procedures.
No suit shall be brought arising out of this agreement,
against the City, unless a claim has first been presented in
writing and filed with the City of Chula Vista and acted upon by
the City of Chula Vista in accordance with the procedures set forth
in Chapter 1.34 of the Chula Vista Municipal Code, the provisions
of which are incorporated by this reference as if set fully set
forth herein.
11. Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City reo Injuries.
Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees from and
against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful misconduct of the Consultant,
and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in
connection with the execution of the work covered by this
Agreement, except only for those claims, damages, liability, costs
and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the
City, its officers, or employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the
active or passive negligent acts or omissions of the Consultant,
its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional
errors or omissions, Consultant shall defend, indemnify, protect
and hold harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost
Three-Party Agreement
4/2/02 Page 11
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and expense (including without limitation attorneys fees) except
those claims arising from the negligence or willful misconduct of
City, its officers or employees.
Consultant's indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the City, its
officers, agents, or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's
obligations under this Section shall not be limited by any prior or
subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
11.2. Applicant to Indemnify City reo Compensation of
Consultant.
Applicant agrees to defend, indemnify and hold the City
harmless against and from any and all claims, losses, damages,
expenses or expenditures of City, including its elected officials,
officers, employees, agents, or representatives of the City ("City
Indemnities"), in any way resulting from or arising out of the
refusal to pay compensation as demanded by Consultant for the
performance of services required by this Agreement.
12. Business Licenses.
Applicant agrees to obtain a business license from the City
and to otherwise comply with Chula Vista Municipal Code, Title 5.
Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code,
Title 5.
13. Miscellaneous.
13 .1. Consultant Not Authorized To Represent City.
Unless specifically authorized in writing by City, neither
Consultant nor Applicant shall have authority to act as City's
agent to bind City to any contractual agreements whatsoever.
Three-Party Agreement
4/2/02 Page 12
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13.2. Notices.
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified for the parties in Exhibit
A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event
not herein legally required to be given shall in itself create the
right in the parties to any other or further notice or demand in
the same, similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
13.6. Governing Law/Venue.
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
Three-Party Agreement
412/02 Page 13
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of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement
shall be effective unless the same shall be in writing and signed
by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart,
each of which shall be deemed to be an original but all of which,
when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for
any reason, be determined to be invalid, illegal, or unenforceable
in any respect, the parties hereto shall negotiate in good faith
and agree to such amendments, modifications, or supplements to this
Agreement or such other appropriate action as shall, to the maximum
extent practicable in light of such determination, implement and
give effect to the intentions of the parties as reflected herein.
13 .10. Headings.
The captions and headings in this Agreement are for
convenience only and shall not define or limit the provisions
hereof.
13 .11. Waiver.
No course of dealing or failure or delay, nor the single
failure or delay, or the partial exercise of any right, power or
privilege, on the part of the parties shall operate as a waiver of
any rights herein contained. The making or the acceptance of a
payment by either party with knowledge of the existence of a breach
shall not operate or be construed to operate as a waiver of any
such breach.
Three-Party Agreement
4/2/02 Page 14
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13.12. Remedies.
The rights of the parties under this Agreement are cumulative
and not exclusive of any rights or remedies, which the parties
might otherwise have unless, this Agreement provides to the
contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this
agreement may have an affect upon persons not parties hereto, the
parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to
this agreement. Notwithstanding the foregoing, this is a three
party agreement and the City is an express third party beneficiary
of the promises of Consultant to provide services paid for by
Applicant.
(End of Page. Next Page is Signature Page.)
Three-Party Agreement
4/2/02 Page 15
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Signature Page To
Three-Party Agreement
Between
City of Chula Vista,
DUDEK & Associates, Inc., Consultant, and
North C.V. Waterfront L.P., Applicant
For Consulting Work to be rendered with regard to Applicants'
Project
(Page 1 of 2)
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 Chula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
John M. Kaheny, City Attorney
Dated: Associates Inc.
ia Corporation
By: If¿.?d6 q ~ !f~o 2-
e , President
~ 33(~
Three-Party Agreement
4/2102 Page 16
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Signature Page To
Three-Party Agreement
Between
City of Chula Vista,
DUDEK & Associates, Inc., Consultant, and
North C.V. Waterfront L.P., Applicant
For Consulting Work to be rendered with regard to Applicants'
Project
(Page 2 of 2)
Dated: Applicant:
North C.V. Waterfront L.P.
A California Limited Partnership
By: North C.V. Waterfront L.P.
A Califo nia Lim ed artnership
By:
Title: General Partner
Three-Party Agreement
4/2/02 Page 17
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Exhibit A
Reference Date of Agreement: March 19, 2002
Effective Date of Agreement: Date of City Council Approval of
Agreement
City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant: DUDEK & Associates, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 605 Third Street, Encinitas, CA. 92024
Applicant: North C.V. Waterfront L.P.
Business Form of Applicant:
( ) Sole Proprietorship
(X ) a California Limited Partnership
( ) Corporation
( ) Other:
Address: 1785 Hancock Street, Suite 100
San Diego, CA 92110
1. Property Location:
The Midbayfront project area is presently bounded by Bay Boulevard
to the east, Lagoon Drive to the southeast, Marina Parkway to the
southwest, and the San Diego Bay to the west.
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4/2/02 Page 18
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2. Project Description (" proj ect "):
The project consists of the preparation of a Project Environmental
Impact Report (EIR) for the Midbayfront General Plan amendment and
Specific Plan amendments, Local Coastal Plan amendment and Coastal
Development permit and Tentative Tract Map (the "Development").
3. Entitlements applied for:
Proposed discretionary actions for the Property include: Amending
the General Plan, Specific Plan, and the Local Coastal Program.
Other proposed discretionary actions include approval of a
tentative subdivision map, Coastal Development Permit and
development of a Habitat Restoration and Management Plan and
Biological Resources Management Plan.
4. General Nature of Consulting Services (" Services - -General"):
Dudek shall prepare a Project EIR for the Development to the
satisfaction of the City's Planning & Environmental Services
Manager and to meet State and City environmental review
requirements. The Project EIR may reference those sections found
to be appropriate by the Planning & Environmental Services Manager
from the Final EIR-89-8 for the Midbayfront LCP Resubmittal No. 8
Amendment.
5. Detailed Scope of Work (" Detai led Services"):
DUDEK shall prepare a Project Environmental Impact Report (EIR) for
the Development in accordance with the California Environmental
Quality Act (CEQA). DUDEK shall also work closely with the City of
Chula Vista staff to ensure that the EIR for the Development shall
meet all of the City's needs. The EIR must comply with the current
California Environmental Quality Act (CEQA) of 1970 (Public
Resources Code Section 2l000 et seq.); the current State CEQA
guidelines (California Administration Code section l5000 et seq.);
the Environmental Review Procedures of the City of Chula Vista; and
the regulations, requirements, and procedures of any responsible
public agency or any agency with jurisdiction by law. All Detailed
Services described herein shall be performed by DUDEK to the
satisfaction of the City's Planning and Environmental Services
Manager.
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4/2/02 Page 19
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DUDEK shall consult with all trustee and responsible agencies,
agencies having jurisdiction by law and any other person or
organization having control over or interest in the Development as
necessary to ensure that the ErR is current and complete as to
issues raised by such persons or entities.
The Draft and Final ErR shall be prepared in such a manner that
they will be meaningful and useful to decision-makers and to the
public. Technical data is to be summarized in the body of the
report and placed in an appendix. All documents shall be prepared
in Microsoft Word 2000.
The EIR shall be prepared to include the required sections of an
EIR, as set forth in applicable law including State CEQA Guidelines
Section 15122 - 15131. The document shall be formatted as directed
by the City and shall include, but not be limited to the following
sections:
. Table of Contents
. Executive Summary
. Introduction
. Project Description
. Environmental Setting
. Environmental Impact Analysis
. Cumulative Impacts
. Growth Inducing Impacts
. Alternatives
. Mitigation Monitoring & Reporting Program
. Irreversible Environmental Changes
. Effects Found not to be Significant
. References, Persons and Agencies Contacted and EIR Preparation
DUDEK shall compile supporting documents into separate volume(s) to
be referred to as the Appendices to the EIR. The Appendices shall
include the Notice of Preparation (Nap), responses to the Nap and
any technical reports and relevant technical information generated
for the EIR.
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4/2/02 Page 20
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SPECIFIC TASK DESCRIPTION:
In providing environmental services for the Midbayfront project and
Tentative Tract Map(s) EIR, DUDEK shall perform the following
tasks:
Task 1- Initial Study and Notice of Preparation
I. Review of Existing & Proposed Documents
DUDEK will review previous documents that have been or will be
prepared for the Midbayfront project area, including, but not
limited to:
1) Final EIR-89-8 Midbayfront LCP Resubmittal No. 8 Amendment
Vols. I & II.
2) City of Chula Vista Zoning Ordinance Text.
3) Biological Studies to be prepared for City by P&D Consultants.
4) Noise & Air Studies to be prepared for City under the
direction of P&D Consultants.
5) Traffic Analysis to be prepared by DUDEK subconsultant
incorporating those elements of a technical traffic report to
be prepared by Urban System Associates, Inc. (USA) and as
approved by the City Engineer.
6) Land use matrix to be prepared for City by P&D Consultants.
7) Analyze project visual impacts utilizing visual studies to be
performed for City by subconsu1tant Carrier Johnson, under the
direction of P&D Consultants.
II. Initial Study
DUDEK will prepare a draft Initial Study (Deliverable No. 1) using
the environmental checklist based on the City of Chula Vista's
Environmental Checklist Form or the Environmental Checklist Form in
the State CEQA Guidelines (Appendix G) to assess the potential
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4/2/02 Page 21
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environmental impacts associated with the Development and to
identify those issues that are potentially affected by the proposed
Development. The Environmental Checklist will form the basis to
support which issues will be addressed in detail in the EIR for the
Development and which issues have been identified as not
significant and warrant no further discussion. City staff will
review the draft Initial Study and, if necessary provide comments
to DUDEK. DUDEK shall incorporate the City's written comments and
provide the City with a final Initial Study (Deliverable No.2).
III. Notice of Preparation
DUDEK will prepare a draft Notice of Preparation (Nap) (Deliverable
No. 1). City staff will review the draft Nap and, if necessary
provide comments to DUDEK. DUDEK shall incorporate the City's
comments and provide the City with a final Nap (Deliverable No.2).
DUDEK shall, in consultation with the City of Chula Vista,
distribute the document to the State Clearinghouse, each
Responsible Agency, each Trustee Agency, and public agencies,
organizations and individuals that may be affected by the project.
The final Nap and the Environmental Checklist Form (Deliverable No.
2) will be made available for public review at local libraries and
other appropriate locations. Comments received during the 30-day
public review period will be used to finalize the scope of the
Draft EIR.
Task 2- First Screen check Draft EIR and Associated Technical
Reports
DUDEK shall prepare a description of existing conditions for,
collect data on, and analyze potential impacts to the environmental
issues identified in the project-specific Environmental Checklist
Form for the Development. The preparation of technical reports and
any modeling required to complete these reports is addressed under
the individual issue discussions.
I. EIR Sections
A. Introduction - - This section of the ErR will describe the
proposed Development's background, purpose and need, and
objectives. The introduction will also provide an overview of
the CEQA process and related permits and discretionary actions
required for implementation of the proposed Development.
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B. Project Description -- This section of the EIR will describe
in detail the key features of the proposed Development,
including the "worst case" scenario for the Development
evaluation.
C. Environmental Setting -- This section of the EIR will present
a discussion of existing conditions within the Property and
adjacent land parcels that could be affected by the proposed
development.
D. Environmental Issues -- This section of the EIR will present
an analysis of each of the environmental issues identified in
the project-specific Environmental Initial Study. The
analysis will identify potentially significant environmental
impacts that could result from implementation of the proposed
Development and proposed mitigation measures to reduce these
impacts to below a level of significance.
II. Specific Issues to be addressed in the Draft EIR:
A. Land Use, Planning, and Zoning
Existing plans, policies, and ordinances related to land use
that affect the Development site will be identified and
reviewed by Dudek. Documents to be reviewed include, but are
not limited to:
The Chula Vista General Plan and all related elements;
The Chula Vista Zoning Ordinance as it relates to the specific
property; and a technical Land Use Report to be prepared by
P&D Consultants or their subconsultants.
The EIR will evaluate the Development for compatibility with
adjacent land uses and surrounding densities; identify whether
the Development has substantial conflicts with the established
community character; and identify inconsistencies or conflicts
between the Development and the goals, objectives, and
policies of any applicable plan policy, ordinance, guideline,
or regulation, particularly in relation to the Midbayfront
area. The EIR will evaluate the impacts of the proposed
physical improvements that could result upon implementation of
the Development in the Midbayfront area. The EIR will include
both a plan-to-plan and a plan-to-ground land use analysis.
The land use analysis will be contained in the EIR.
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B. Landform Alteration/Aesthetics
Although the Property is currently disturbed, an evaluation of
the proposed grading and the visual impacts of development of
the Property must be assessed. Applicant will provide all
appropriate visuals to be used in the analysis. These will
include bulk and mass models, cross sections, and visual
simulations. The EIR will analyze the impact of the proposed
Development on existing landform and community character. The
necessary text, maps and photo-documentation shall be set
forth in the EIR describing the appearance before and after
the Development. A visual resource analysis will be conducted
by DUDEK through approved architectural subconsultant, KTU+A
in conjunction with a site visit evaluation. Key views will
be identified by DUDEK through approved subconsultant KTU+A
and photographed within the viewshed of the site.
The identification by DUDEK through approved subconsultant
KTU+A of the key views will be based on the following
criteria: (1) views subject to the greatest degree of change,
(2) the location of representative views associated with each
type of characteristic landscape unit in the area, and (3) the
location of the highly scenic views that could be either
enhanced or impacted by the Development. Photographic records,
line-of-sight cross sections and topographic maps showing
locations of significant viewpoints will be depicted from all
compass directions, particularly as they relate to Interstate
5 and Bay Boulevard, a scenic corridor identified in the City
of Chula Vista's Circulation Element. This analysis will be
contained in the EIR based on a separate technical report to
be prepared by the applicant and reviewed by DUDEK through
approved subconsultant KTU+A.
C. Transportation, Circulation, and Access
The traffic section of the EIR will be based on the technical
report to be prepared by DUDEK through its approved
subconsultant Linscott, Law and Greenspan (LLG).
Subconsultant, Linscott, Law, and Greenspan (LLG) , will
complete the traffic analysis under the direction of DUDEK.
Subconsultant Linscott, Law and Greenspan (LLG) shall complete
all the tasks described herein in Section IIC within a twelve-
week period. The twelve-week period shall begin upon the
subconsultant, Linscott, Law, and Greenspan (LLG) receiving a
written authorization by the city to commence work. The
Transportation analysis will begin with a review of all past
traffic studies and a meeting with City staff including
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4/2/02 Page 24
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traffic engineering staff in order to agree upon the analysis
approach and study area dimensions, and the road segments and
intersections to be analyzed. Based on this intersection peak
hour count information and recent daily traffic volumes
available from the City, County and/or Caltrans, the existing
levels of service at the intersections and on the segments in
the study area will be calculated using the 2000 Highway
Capacity Manual.
LLG shall:
1. Project Mobilization
. Upon request of City staff, attend a kick-off meeting with
the Project Team.
. Obtain and review prior traffic studies prepared for
projects in the area.
. Determine the study area using Congestion Management Plan
criteria.
2. Existing Analysis (This deliverable shall be due by the fourth
week of the twelve-week period)
. Obtain AM/PM peak hour counts (from the applicant) for up
to 25 intersections in the immediate project area.
. Determine the existing AM/PM peak hour Levels of Service
(LOS) at the key intersections using the 2000 Highway
Capacity Manual.
. Obtain the most recent daily street segment traffic volumes
using City, County and Caltrans records when available.
Determine the existing daily LOS on approximately 40 street
segments in the proj ect area, based on the City's street
segment table.
. Conduct an existing freeway analysis.
3. PROJECT TO GROUND ANALYSIS (This deliverable shall be due by
the eighth week of the twelve-week period)
. Add total project traffic onto the existing conditions
described above.
. Analyze the intersections and street segments in the study
area for the existing + project condition.
. Estimate significant impacts and recommend mitigation
measures as necessary.
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4. CUMULATIVE PLAN TO PLAN ANALYSIS (This deliverable shall be
due by the eighth week of the twelve-week period)
DUDEK, through approved subconsultant LLG, shall determine as
directed by City staff, the future year scenarios, which shall
be analyzed in the traffic study, which will likely include
Year 2005 (with and without SR 125), 2010, 2015, 2020 and
buildout analysis with various network and land use
assumptions.
. Work with City staff and SANDAG to input the proposed
project land use and network assumptions for each analysis
scenario. Ensure adjacent projects are accurately coded
into the model.
. Determine future traffic volumes for all scenarios at all
key intersections and street segments. As approved by City
staff, approximately 12 intersections, including
interchanges at I-5/"E" , "H", "L" & Palomar and trolley
crossings at same interchange locations and 20 to 25 street
segments will be analyzed for each of the scenarios.
. Determine the AM/PM intersection and daily street segment
LOS for each scenario.
. Determine the amount of traffic the proposed project adds
to each intersection and street segment.
. Determine the significant impacts associated with the
project for each scenario.
. Recommend measures to mitigate impacts to below a level of
significance for each scenario.
. Determine the LOS at all significantly impacted locations
after mitigation.
. Conduct a Congestion Management Plan (CMP) analysis on the
key arterials and freeways.
5. ACCESS ANALYSIS
. Analyze the proposed site access points where they meet
the existing roadway system.
6. PUBLIC FACILITIES FINANCING PLAN (PFFP) RELATED ANALYSIS
. Work with City staff to determine up to four network links
for which it is desired to know at what traffic threshold
the network link is needed.
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. Contact and direct SANDAG efforts to model the scenario
both with and without the subject network link.
. Analyze the adjacent intersections and street segments to
determine LOS with and without the network link.
. Determine the traffic threshold when each link is needed.
Thresholds will be determined for up to four roadway links.
. Incorporate the traffic threshold results into the traffic
study.
. Specific transportation improvements for the development
will be identified for each time frame scenario which would
mitigate any network deficiencies which are identified in
the transportation analysis. A determination will be made
as to whether the project impact is significant,
mitigatible or non-mitigatible. Measures will be
recommended to mitigate impacts to below a level of
significance.
. Work with the preparer of the PFFP to incorporate the
results of the traffic study into the PFFP.
7. WORST CASE BAYFRONT ANALYSIS
DUDEK through approved subconsultant LLG shall upon request of
City staff, meet with City staff for a "Worst Case" analysis in
order to determine project impacts under a separate selection
of land use scenarios. These scenarios shall include more
intense land uses in the study area that are reasonably known
to the City at this time. This analysis will include Study
Year 2020 and the Buildout conditions. The following tasks
shall be accomplished by DUDEK through approved subconsultant
LLG.
. At the request of City staff, meet with City staff for a
"Worst Case" analysis in order to determine project impacts
under a separate selection of land use scenarios. These
scenarios shall include more intense land uses in the study
area that are reasonably known to the City at this time.
This analysis will include Study Year 2020 and the Buildout
conditions.
. Work with City staff and SANDAG to input the proposed project
land use and network assumptions for each analysis scenario.
Ensure adjacent projects are accurately coded into the model.
. Determine future traffic volumes for the worst case land use
at several key intersections and street segments. As
approved by City staff, approximately 12 intersections, and
25 street segments will be analyzed for the two scenarios.
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. Determine the AM/PM intersection and daily street segment LOS
for the two scenarios.
. Determine the amount of traffic the proposed project adds to
each intersection and street segment.
. Determine the street network, which will be necessary to
accommodate the worst case bayfront land use.
. Determine the LOS at all significantly impacted locations
after mitigation.
8. REPORT PREPARATION/RESPONSE TO COMMENTS
. Prepare a Draft Traffic Report with the appropriate text,
tabular and graphic material for review and approval by the
City.
. Revise the Draft Traffic Report per City editorial comments
once and prepare a Final Draft Traffic Report (Due no later
than week 12 of the 12 week period).
. Prepare responses to public comments on the traffic study in
conjunction with and subject to the approval of city staff.
9. MEETINGS
. Prepare for and attend upon request of city staff a total of
eight meetings throughout the preparation of the traffic
study.
10. PUBLIC HEARINGS
. Prepare for and attend three public hearings as directed by
City(five hours per hearing assumed).
The Draft Traffic Report will be reviewed by and be subject to
the approval of City staff including staff from the Traffic
Engineering Section. The City will, if necessary, provide
comments to LLG and DUDEK, which will be incorporated into the
report. A final Traffic Technical Report will be prepared by
consultant and summarized in the ErR. A copy of the final
traffic technical report will also be included as an appendix
to the ErR.
D. Air Quality
P&D Consultants based on existing conditions will prepare for
City a written air quality analysis and existing land uses on
the property and in the vicinity. DUDEK will assess the
projected air quality impacts, as set forth in the air quality
analysis and compare them with State and federal clean air
standards.
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The modeling results will be summarized in the EIR by DUDEK.
The air quality technical report will be included in the EIR
appendices.
E. Noise
P&D Consultants based on existing conditions will prepare for
City a written noise analysis and existing land uses on the
property and in the vicinity. DUDEK will assess the projected
noise levels, as set forth in the noise analysis and compare
them with County, City, and State guidelines, standards and
ordinances.
The EIR will address potential construction-related noise
impacts. In addition, increased traffic anticipated from the
proposed Development could result in an increase in noise
levels along the street system in the development vicinity.
DUDEK will prepare an acoustical technical report that will
(1) describe the cumulative effect of road noise on
surrounding land uses and recommend mitigation measures, if
necessary; (2) describe the interior and exterior noise levels
for the uses proposed on the site and the specific design and
mitigation features needed; and (3) identify the need for and
location of noise barriers, including the height, location,
and types of barriers capable of achieving the desired
mitigation effect.
City staff will provide any comments on the draft acoustical
analysis report to DUDEK, which will be incorporated into the
final report. The results of the acoustical analysis will then
be summarized in the EIR and the full written technical report
to be prepared by Dudek will be included as an appendix to the
EIR.
F. Cultural Resources
DUDEK, through approved subconsultant, Brian F. Smith &
Associates will conduct archival research at various
repositories, and will view aerial photographs, city
directories and historic photographs in order to develop a
historical perceptive of the Property. Brian F. Smith &
Associates will also perform a record search at local
institutions to obtain information concerning the locations of
known archaeological resources within or in the vicinity of
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the project. Previous data will be researched, including the
cultural resource report completed for the Final EIR-89-8 for
the Midbayfront LCP Resubmittal No. 8 Amendment Vols r & II.
A summary of the findings of this survey will be provided in
the ErR. These data will be incorporated into a technical
report providing a historical context of the project area, as
well as a discussion of its archaeological resources. Upon
completion of this initial research, a project site-level
cultural resource survey will be conducted for the Development
to assess impacts to cultural resources sites located within
the Midbayfront area as well as identify appropriate
mitigation measures for any identified important resources.
A draft cultural resources analysis, in the form of a
technical report, will be prepared by Brian F. Smith &
Associates and provided to the City's Planning & Environmental
Services Manager for review. City staff will provide any
comments on the cultural resources analysis to DUDEK, which
will be incorporated into the final report. The results of
the final cultural resources analysis will be summarized in
the ErR and the full written technical report, to be prepared
by Brian F. Smith & Associates, will be included as an
appendix to the ErR.
G. Paleontological Resources
The ErR will address paleontological impacts and recommend
mitigation including but not limited to on-site monitoring
during grading, recovery and salvage of remains in a timely
manner, and methods for retaining all field notes,
photographs, and maps.
H. Biological Resources
DUDEK will review the biological technical report to be
prepared by P&D Consultants. DUDEK will also review previous
work conducted on and around the site.
City staff will provide any comments on the biological
technical report to DUDEK, which will be incorporated into the
report. The results of the final biological technical report
will be summarized in the ErR and the full written technical
report to be prepared by P&D Consultants will be included as
an appendix to the ErR.
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I. Agricultural Resources
DUDEK will evaluate the agricultural significance if any of
the area. This information will be summarized in the text of
the ErR and will not be a technical report.
J. Hydrology, Drainage, Urban Stormwater Runoff, Water and Sewer
The ErR will present information concerning surface runoff,
including the amount and rate of runoff in the pre-development
and post-development scenarios. Other areas to be evaluated
include surface water quality as it relates to sedimentation
and other pollutants, effects on drainage courses, and off-
site effects.
The ErR shall address the following, both during and after
construction:
Will the proposal results in discharge of pollutants into
storm drainage systems, surface or ground waters, sensitive
areas, or impaired water bodies?
Will the proposed project result in any alteration of surface
or groundwater quality, including, but not limited to
temperature, dissolved oxygen or turbidity?
will the proposal result in changes in absorption rates,
drainage patterns, or the rate and amount of surface runoff?
Review the hydrology and drainage, and water quality studies,
in order to describe the watershed/floodplain, storm drains,
drainage improvements, and detention features that exist or
are planned within the project area. DUDEK will also contact
the City of Chula Vista Engineering Department to verify the
current status of planned and approved drainage improvements
in the project area.
Based on information provided by the Applicant, DUDEK will
determine the potential for on- and off-site hydrologic
impacts associated with the proposed project. Consultant will
also describe any modifications to the drainage features that
would be anticipated to accommodate the proposed project.
Three-Party Agreement
4/2/02 Page 31
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The EIR shall address the water quality protection guidelines
and principles, and Standard Urban Storm Water Mitigation Plan
(SUSMP) and Numeric Sizing Criteria, as set out in the
National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. 2001-01 (NPDES No. CASOI08758) , in
the planning and design of the project. Also, the EIR shall
address the structural and non-structural construction and
post-construction Best Management Practices (BMPs) including
maintenance mechanism, and mitigation measure, which will be
developed and implemented to eliminate, or reduce water
quality impacts, to the Maximum Extent Practicable (MEP).
K. Geology and Soils
The EIR will summarize the geotechnical information prepared
for Final EIR-89-8 specific to the project area. The summary
to be included in the EIR, of the geotechnical information
found in Final EIR-89-8 will include the findings,
conclusions, and recommendations for the project site. DUDEK
will also summarize in writing a geotechnical report to be
prepared under the direction of P&D Consultants and include in
the EIR the geologic setting, anticipated earth units, faults,
and potential geologic hazards. Recommendations for detailed
geotechnical evaluations and possible mitigation alternatives
(e.g., deep foundations, stone columns) will be included in
the EIR.
L. Public Services and Utilities
DUDEK will evaluate the previous Final EIR-89-8 with respect
to public utilities and determine if additional analysis will
be needed and make a recommendation to the City's Planning &
Environmental Services Manager who will determine whether
additional analysis is needed. The EIR analysis, if the City
determines it is necessary, will address services and
facilities related to sewer and water, police, fire, emergency
medical service, recreation, schools, library, solid waste
disposal, gas and electricity, and telephone and cable. Other
public facilities, such as transportation and drainage
facilities, will be appropriately addressed in the EIR as
herein referenced.
Three-Party Agreement
4/2/02 Page 32
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In addition, the need for on-site and off-site public facility
improvements will be identified, impacts to public services
and utilities will be assessed, and appropriate mitigation, if
required, will be recommended as determined by the Planning &
Environmental Services Manager. This information will be
contained in the EIR text.
M. Compliance with City Threshold and Standards Policy and
Findings of Fact
DUDEK will review the Development for compliance with the City
of Chula Vista's growth management standards, to include the
following issues: drainage; traffic; fiscal; police; schools;
libraries; water; air quality; sewage; fire/emergency medical
services; and, parks, recreation, and open space. This
information will be contained in the EIR, and no technical
report will be prepared.
N. Alternatives
DUDEK will examine a reasonable range of alternatives that
could feasibly attain the basic Development objectives,
including alternatives that could reduce significant
environmental effects as identified in the environmental
analysis of the project. Each alternative will be evaluated
as to potentially significant environmental effects through a
quantitative comparative analysis on an issue-by-issue basis.
In addition, the CEQA mandatory "No Project" alternative will
be addressed, to include a "plan-to-ground" and "plan-to-plan"
analysis. Other project alternatives will be formulated in
conjunction with City staff, and could include one reduced
scale development alternative.
O. Cumulative Impacts
Cumulative effects could result from the incremental impacts
of the proposed Development. Environmental effects of past,
present, and reasonably foreseeable projects or plans in the
vicinity of the proposed Development will be included in the
environmental evaluation. DUDEK will focus on the potential
for any newly identified cumulative impacts that are
associated with the Midbayfront area and which were not
addressed in a previous EIR. Indirect cumulative impacts and
compliance with the City of Chula Vista's adopted Threshold
Standards and other applicable policies and programs will also
be evaluated. This information will be contained in the EIR.
Three-Party Agreement
4/2/02 Page 33
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P. Other Mandatory CEQA Sections
DUDEK will address all required CEQA sections, including all
sections outlined above, in addition to other mandatory
sections, including Growth Inducement and Effects Not Found to
be Significant. The Development will be evaluated for its
potential to induce economic or population growth through
construction of additional housing in the surrounding
environment, or by the provision of community services and
facilities to serve new development. DUDEK will also provide
a summary of those Effects Found Not to be Significant, with
rationale provided as to how the conclusion of non-
significance was reached. Additionally, Irreversible
Environmental Changes will be discussed, as will Unavoidable
Significant Impacts. The discussion of mandatory effects will
be contained in the EIR.
DELIVERABLE: Twenty-five (25) copies of the First Screencheck
Draft EIR and Technical Appendices, provided in three-ring
binders. The First Screencheck Draft EIR shall be prepared in
Microsoft Word 2000 and shall be printed at 1.5 spacing.
Task 3 - Second Screencbeck Draft EIR
DUDEK will incorporate City staff and legal counsel comments on the
First Screencheck EIR and prepare and submit twenty-five (25)
copies of the Second Screencheck Draft EIR to the City for review
and comment.
DELIVERABLE: Twenty-five (25) copies of the Second Screencheck
Draft EIR and Technical Appendices, provided in three-ring
binders. The Second Screencheck Draft EIR shall be prepared
in Microsoft Word 2000 and shall be printed at 1.5 spacing.
Task 4 - Tbird Screencbeck (Administrative) Draft EIR
DUDEK will incorporate City staff and legal counsel comments on the
Second Screencheck Draft EIR and prepare and submit five (5) copies
of the Third Screencheck (Administrative) Draft EIR to the City for
review and comment.
Three-Party Agreement
4/2/02 Page 34
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DELIVERABLE: Five (5) copies of the Third Screencheck Draft
EIR and Technical Appendices, provided in three-ring binders.
The Third Screencheck Draft ErR shall be prepared in Microsoft
Word 2000 and shall be printed at single spacing.
Task 5 - Public Review Draft EIR/NOA/NOC
DUDEK will incorporate City staff and legal counsel comments on the
Third Screencheck (Administrative) Draft ErR and then prepare the
public review Draft ErR acceptable to the City's Environmental
Review Coordinator. DUDEK will also prepare the Notice of
Availability (NOA) and Notice of Completion (NOC).
DELIVERABLES: Seventy-five (75) copies each of the NOA, NOC,
Draft EIR and Appendices, including ten (10) copies of the
documents provided in three-ring binders and the remainder
bound.
Task 6 Candidate Draft CEQA Findings of Fact/Statement of
Overriding Considerations (SOC)
DUDEK will prepare Draft Candidate CEQA Findings of Fact and, if
necessary, a Statement of Overriding Considerations for review by
City of Chula Vista staff and legal counsel. The Findings will
specify which mitigation measures have been incorporated into the
proj ect and those measures that have not, and will explain why
certain measures have been found to be infeasible. The Findings
will also identify feasible project alternatives that could reduce
adverse environmental effects but are not being implemented, with
an explanation as to why they are not being implemented.
DELIVERABLE: Five (5) copies of the draft Candidate Findings
of Fact and Statement of Overriding Considerations.
Task 7 - Response to Comments/Final EIR/MMRP/NOD
1. Responses to Comments/Final ErR
Following the close of public review, DUDEK will meet with City
staff and review all comments received. DUDEK shall prepare draft
responses to comments and associated revisions to the Draft ErR.
DUDEK will submit five (5) copies of the draft responses to
comments and amended ErR sections to the City for review by City of
Chula Vista staff and legal counsel.
Three-Party Agreement
4/2/02 Page 35
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DUDEK shall revise the draft responses to comments and amended EIR
sections based on comments submitted by City staff and legal
counsel. DUDEK shall then submit the revised draft responses to
comments and amended EIR sections for review by the City. Any
changes to the responses to comments and amended EIR sections shall
be subject to the approval of the City's Planning & Environmental
Services Manager. If the City as a result of the comments received
requests additional studies or analyses, DUDEK shall complete those
studies based on the receipt of authorization from the City's
Planning & Environmental Services Manager.
II. Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program (MMRP) will be
developed at the draft EIR stage and finalized after the close of
public review around February 10, 2003. It will list and identify
specific monitoring activities that would be required on an issue-
by-issue basis, and will establish a reporting system and criteria
for evaluating the success of the mitigation measures. In
addition, the MMRP will outline the appropriate time for mitigation
of impacts, such as grading permits, final maps, landscape plans,
or other discretionary actions.
III. Final Candidate CEQA Findings of Fact and Statement of
Overriding Considerations
Should the City determine that additional changes are needed to the
draft Candidate CEQA Findings of Fact and Statement of Overriding
Considerations as a result of the comments received during the
public review period, DUDEK shall revise the draft Candidate
Findings of Fact and Statement of Overriding Considerations to
incorporate these changes. Any changes to the Findings of Fact and
Statement of Overriding Considerations shall be subject to the
approval of the City's Planning & Environmental Services Manager.
DUDEK shall prepare a Final EIR, which includes the Responses to
Comments and the Mitigation Monitoring and Reporting Program
(MMRP). DUDEK shall also prepare the final Candidate CEQA Findings
of Fact and Statement of Overriding Considerations. In addition, a
draft Notice of Determination and California Department of Fish and
Game (CDFG) fee certification letter for the project shall be
submitted by DUDEK to the City in preparation for filing with the
County Clerk's office, upon project approval.
Three-Party Agreement
4/2/02 Page 36
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DELIVERABLE: Fifty (50) copies of the Final EIR, MMRP, and
Appendices, and Candidate CEQA Findings and Statement of
Overriding Considerations (if applicable), including ten (10)
copies of the Final EIR provided in three-ring binders and the
remainder bound. One (1) copy of a draft NOD and CDFG fee
certification letter.
One (1) reproducible master copy of the Final EIR suitable for
reproduction on City equipment and not three-hole punched; and
One (1) computer disk copy or CD ROM version of the Final EIR
and related documents that can be read by Microsoft Word 2000.
Task 8 - Hearing/Meetings
DUDEK's Senior Project Manager will attend, at the direction of the
City's Planning & Environmental Services Manager, project team
meetings throughout the Project duration. These include the
following meetings: One (1) project initiation and scoping meeting
with the City, Applicant, and others; one (1) project meeting or
workshop if requested by the City; weekly meetings with City staff
to discuss the EIR and key issues as they arise; one (1) Resource
Conservation Commission meeting; one (1) Planning Commission
meeting on the DEIR and one (1) Planning Commission hearing on the
FEIR; one (1) City Council hearing on the FEIR. DUDEK will attend
a total of forty-five (45) weekly meetings with City staff. If
additional meetings are needed, they will be billed at a time and
materials basis at an agreed to cost. Additional meetings
requested by the City will be considered additional work pursuant
to Sections 3.2.1 and 3.2.2 of this Agreement.
Three-Party Agreement
4/2/02 Page 37
Sf;)
6. Schedule, Milestone, Time-Limitations within which to Perform
Services.
Dates for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Draft Nap and Initial Study May 13, 2002
Deliverable No. 2: Final Nap and Initial Study June 3, 2002
Deliverable No. 3: Draft Technical Reports (traffic, air quality,
noise, cultural resources, and biological
resources) July 29, 2002
Deliverable No. 4: First Screencheck EIR August 19, 2002
Deliverable No. 5: Second Screencheck EIR September 30, 2002
Deliverable No. 6: Third Screencheck EIR October 28, 2002
Deliverable No. 7: Public Review Draft EIR/NOC/NOA November 18, 2002
Deliverable No. 8: Draft Findings of Fact and November 18, 2002
Statement of Overriding Considerations
Deliverable No. 9: Draft EIR Response to Comments/MMRP
January 15, 2003
Deliverable No. 10: Final EIR/MMRP/ Final Findings of Fact and sac
Draft Notice of February 10, 2003
Determination.
Deliverable No. 11: Meetings and Hearings Per Task 8
Dates for Completion of all Consultant Services: Date of City
Council approval of environmental documents, or completion of
all tasks to the satisfaction of the City's Environmental Review
Coordinator, whichever is later.
Three-Party Agreement
4/2/02 Page 38
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7. Documents to be provided by Applicant to Consultant:
(X) Site plans
(X) Tentative tract maps
(X) Architectural elevations
(X) Project description
(X) Other: Specific Plan, PFFP, Technical Reports (i.e.
Geotechnical Investigation, Noise study, Drainage
Study, Water/Recycled Water Service Study, Sewer
Service Study and Visual Simulation Studies), and
related general development documents.
8. Contract Administrators.
City: Brian Hunter, Planning & Environmental
Services Manager
Applicant: North C.V. Waterfront LP, Richard Campbell
Consultant: DUDEK & Associates, Inc., Joseph Monaco
9. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) Category No. 1. Investments and sources of income.
( ) Category No. 2. Interests in real property.
( ) Category No. 3. Investments, interest in real
property and sources of income
subject to the regulatory, permit or
licensing authority of the
department.
( ) Category No. 4. Investments in business entities and
sources of income, which engage in
land development, construction or
the acquisition or sale of real
property.
Three-Party Agreement
4/2/02 Page 39
S-/fY
( ) Category No. 5. Investments in business entities and
sources of income of the type which,
within the past two years, have
contracted with the City of Chula
Vista (Redevelopment Agency) to
provide services, supplies,
materials, machinery or equipment.
( ) Category No. 6. Investments in business entities and
sources of income of the type which,
within the past two years, have
contracted with the designated
employee's department to provide
services, supplies, materials,
machinery or equipment.
( ) Category No. 7. Business positions.
10. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included
in Commercial General Liability coverage).
(X) Errors and omissions insurance: $250,000 (not included
in Commercial General Liability coverage).
11. Permitted Subconsultants:
Linscott, Law & Greenspan
1565 Hotel Circle South, Suite 310
San Diego, CA 92108
(619) 299-3090
Linscott, Law, and Greenspan (LLG) will complete the traffic
analysis under the direction of DUDEK.
Brian F. Smith & Associates
12528 Kirkham Court # 3
Poway, CA. 92064
Three-Party Agreement
4/2/02 Page 40
Ó - ~ 5-
Brian F. Smith & Associates will complete the cultural &
paleontological resources analysis under the direction of
DUDEK.
KTU + A
3916 Normal Street
San Diego, CA. 92103
KTU+A will complete as necessary per City's Planning &
Environmental Services Manager and the direction of DUDEK the
graphic mapping and visual technical simulations.
Three-Party Agreement
4/2/02 Page 41
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Exhibit B
Additional Recitals
WHEREAS, pursuant the California Environmental Quality Act
(CEQA) the Planning & Environmental Services Manager has determined
that the proposed Midbayfront Project and Tentative Tract Map
requires the preparation of an EIR; and
WHEREAS, it was determined by the Director of Community
Development that staff has neither the available time or expertise
to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit funds for
the consulting services necessary for the preparation of the
environmental documents; and
WHEREAS, a Request for Proposal was distributed to 28 persons
or firms included on the list of qualified Environmental
Consultants, and seven proposals were received by the City; and
WHEREAS, a Selection Committee was established pursuant to
Section 2.56.110 of the Municipal Code to review the proposals and
conduct interviews of the most qualified firms based on established
evaluation criteria; and
WHEREAS, the Selection Committee interviewed the top three
firms and recommended DUDEK & Associates, Inc. to perform the
required services for the City; and
WHEREAS, the Planning & Environmental Services Manager has
negotiated the details of this agreement in accordance with
procedures set forth in Section 6.5.2 of the Environmental Review
Procedures; and
WHEREAS, the proposed contract with DUDEK & Associates, Inc.
to provide consultant services would be in an amount not to exceed
$194,325 with an additional $48,581 for additional services should
they be necessary.
Three-Party Agreement
4/2/02 Page 42
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Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of
Consultant as herein required, Applicant shall pay a single fixed
fee in the amounts and at the times or milestones set forth below:
( X) Single Fixed Fee Amount: $194,325
EIR for the Midbayfront Project and Tentative Tract
Maps.
Milestone or Event Percent and Amount
of Fixed Fee
1. Signing of this agreement by all 10% ($19,432)
parties and upon the request of the
consultant.
2. Submittal of Initial Study and Nap 10% ($19,432)
3. Submittal of First Screencheck 30% ($58,298)
Environmental Document*
4. Commencement of Public Review 25% ($48,581)
4. Completion of Final Environmental 15% ($29,149)
Document
5. Retention Percentage - See Section D. 10% ($19,433)
below
7. 25% Contingency Fee**
$48,581
Three-Party Agreement
4/2/02 Page 43
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*For purposes of payment the first screencheck shall completely
address and analyze all issues identified in the detailed scope-of-
work (described in Exhibit "A", Section 5) to the satisfaction of
the Planning & Environmental Services Manager. Payment shall not
be made until the City's Planning & Environmental Services Manager
determines that a complete screencheck document has been submitted.
**The Planning & Environmental Services Manager in his discretion
independently or upon request from the Consultant, from time to
time, may negotiate additional services to be performed by the
Consultant under this Agreement in order to cover unforeseen issues
that may be identified during the preparation of the environmental
document ("Additional Services"). The cost of Additional Services
in connection with the environmental document shall not exceed 25%
of the total contract amount ($48,581).
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General
and Detailed Services of Consultant as are separately identified in
Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with
each phase of Services, in the amounts and at the times or
milestones set forth herein below (" Phase Fixed Fee Arrangement") .
Consultant shall not commence Services under any Phase, and shall
not be entitled to the compensation for a Phase, unless Applicant
shall have issued a notice to proceed to Consultant as to said
Phase.
( ) Time and Materials
For performance of the General and Detailed Services of
Consultant as herein required, Applicant shall pay Consultant for
the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth
herein below according to the following terms and conditions:
( ) Not-to-Exceed Limitation on Time and Materials
Arrangement
Three-Party Agreement
4/2/02 Page 44
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Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant will perform all of the General and Detailed
Services herein required of Consultant for $194,325 including all
Materials and other "reimbursable" ("Maximum Compensation"). The
City will also receive a standard administrative fee amounting to
10% of the contract.
( X ) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $194,325 (plus 25% if negotiated as set forth
above) ( "Authorization Limit"), Consultant shall not be entitled to
any additional compensation without further authorization issued in
writing and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
Consultant's Rate Schedule
Hourly
Category of Employee Rate
Principal $150
Senior Project Manager $140
Environmental Specialist/Planner VI $125
Environmental Specialist/Planner V $115
Environmental Specialist/Planner IV $105
Environmental Specialist/Planner III $ 95
Environmental Specialist/Planner II $ 80
Environmental Specialist/Planner I $ 70
Analyst $ 60
Research Assistant $ 50
3D Graphic Artist $120
GIS "Technician II $ 90
Senior Designer $ 90
Computer Processing $ 65
Clerical Administration $ 55
Three-Party Agreement
4/2/02 Page 45
~-SD
Materials Separately Paid For by Applicant
Cost or Rate
( ) Materials NA
Reports
Copies
( ) Travel NA
( ) Printing NA
( ) Postage NA
( ) Delivery NA
( ) Long Distance Telephone Charges NA
(X) Other -SANDAG Model Run Fees Actual
Deposit
(X) Deposit Amount: $194,325 -
As agreed to by the Applicant, North C.V. Waterfront L.P.
Applicant agrees to deposit within 10 days upon City's request
to do so, a sum (estimated to be up to $3,000) for additional
Materials separately paid for by the Applicant.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to
pay Consultant, if this paragraph is n checked n, upon City's
receipt of billing by Consultant, and determination by City in
good faith that Consultant's billing is proper, a judgment for
which Applicant agrees to hold City harmless and waive any
claim against City, City shall pay Consultant's billing from
the amount of the Deposit. If Applicant shall protest the
propriety of a billing to City in advance of payment, City
shall consider Applicant's protest and any evidence submitted
prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing
Payments.
Upon determination by City made in good faith that Consultant
is entitled to compensation which shall remain unpaid by
Applicant 30 days after billing, City may, at its option, use
the Deposit to pay said billing.
Three-Party Agreement
4/2/02 Page 46
5'-5-/
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
(X) Other: Milestone
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Upon Completion of Milestone
C. City's Account Number: To be assigned after agreement is
processed.
D. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then
notwithstanding other provisions to the
contrary requiring the payment of compensation
to the Consultant sooner, the City shall be
entitled to retain, at their option, the
following Retention Percentage until the City
determines that the Retention Release Event,
listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to the
satisfaction of the Planning & Environmental
Services Manager.
( ) Other:
Three-Party Agreement
4/2/02 Page 47
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