HomeMy WebLinkAboutRDA Packet 2004/10/26
Notice is hereby given that the Chairman of the Redevelopment Agency hm; called" and will convene a
special meeting of the Redevelopment Agency and an Adjourned Regular Mee ' of the City Council,
Tuesday, October 26, 2004 at 6;00 p.m., immediately' following the City Co cil meting in the Council
Chambers, located in the Public Services Building, 276fou.rth Av I Vista, 'fo r consider,
deliberate and act upon the following: ' ~'L.-
REVISED
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CITY OF
CHULA VISTA
TUESDA Y, OCTOBER 26, 2004
6:00 P.M.
(immediately following the City Council meeting)
COUNCIL CHAMBERS
PUBLIC SERVICES BUILDING
SPECIAL MEETING OF THE
REDEVELOPMENT AGENCY AND AN ADJOURNED
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
CALL TO ORDER
ROLL CALL
Council/Agency Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla
CONSENT CALENDAR
The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the
Agency/Council by one motion without discussion unless an Agency/Council 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, please fill out a
II 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.
1. APPROVAL OF MINUTES of September 14, 2004.
STAFF RECOMMENDATION: City Council/Agency approve the minutes.
2. a. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROPRIATING $575,000 AS A LOAN FROM THE
GENERAL FUND TO BAYFRONT/TOWN CENTRE I REDEVELOPMENT AGENCY TO
REIMBURSE THE PORT DISTRICT FOR THE COSTS ASSOCIATED WITH
CANCELLATION OF THE PROPERTY TRANSACTION FOR THE 2.73-ACRE PARCEL
OF LAND AT 980 LAGOON DRIVE
b. JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF
THE CITY OF CHULA VISTA CONCURRING WITH PORT DISTRICT BOARD
APPROVAL OF A CONSULTING AGREEMENT WITH COOPER, ROBERTSON &
PARTNERS FOR A PERIOD OF SEVEN MONTHS FOR A FEE NOT TO EXCEED
$675,000 TO PROVIDE URBAN WATERFRONT PLANNING AND DESIGN
CONSULTING SERVICES FOR PHASE II OF THE CHULA VISTA BAYFRONT
MASTER PLAN
In1997, the Port District and City entered into a purchase agreement for the Port's
acquisition of the 2.73-acre parcel of land at 980 Lagoon Drive. Since the original
transaction was negotiated, the Port and the City have embarked upon a joint
master planning effort for the Chula Vista Bayfront, which includes the subject
property. Because the intent of the original purchase agreement has changed,
cancellation of the property transaction is being recommended. To reimburse the
Port District for costs associated with cancellation of this transaction, a loan from
the General Fund to Bayfront/Town Centre I Redevelopment Agency is necessary.
On October 19, 2004, the Port Board agreed to combine these reimbursed funds
with other Port funds committed for the Chula Vista Bayfront master planning
effort. The Board also approved a consulting agreement with Cooper, Robertson,
and partners to provide urban waterfront planning and design consulting services
for the master plan. (Director of Community Development)
STAFF RECOMMENDATION: City Council/Agency adopt resolution.
3. JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY/CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND
APPROVING A TWO PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND RECON FOR CONSULTING SERVICES TO PREPARE A MASTER
ENVIRONMENTAL IMPACT REPORT FOR THE CITY'S URBAN CORE SPECIFIC
PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On May 27, 2003, the City Council and Redevelopment Agency directed staff to
initiate the preparation of an Urban Core Specific Plan, the completion of which
has been identified as a high priority by the City in order to assist in the
revitalization of the Urban Core. Adoption of the Urban Core Specific Plan would
require the certification of an Environmental Impact Report pursuant to the
California Environmental Quality Act. (Director of Planning and Building)
STAFF RECOMMENDATION: City Council/Agency adopt 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 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
City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and
follow up action.
Redevelopment Agency, October 26, 2004
Page 2
4. DIRECTOR'S REPORTlS)
5. CHAIR/MAYOR REPORT(S)
6. AGENCY/COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to a regular meeting of the Redevelopment Agency on
November 2, 2004, at 4:00 p.m., immediately following the City Council meeting in the
City Council Chambers.
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 (619) 691-5047 or Telecommunications
Devices for the Deaf (TOO) at (619) 585-5647. California Relay Service is also available for the hearing impaired.
Redevelopment Agency, October 26, 2004
Page 3
MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL
AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
September I4, 2004
6:00 p.m.
Adjourned Regular Meetings of the City Council and Redevelopment Agency of the City of
Chula Vista were called to order at 7;16 p.m. in the Council Chambers, located in the Public
Services Building, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Agency/Councilmembers: Davis, McCann, Rindone, Salas and
Chair/Mayor Padilla
ABSENT:
Agency/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City
Attorney Moore, and City Clerk Bigelow
CONSENT CALENDAR
I. APPROVAL OF MINUTES of August 24, 2004.
Staff recommendation: Agency/Councjl approve the minutes.
ACTION:
Agency/Councilmember Davis moved to approve Consent Calendar Item I.
Agency/Councilmember McCann seconded the motion, and it carried 5-0.
ORAL COMMUNICATIONS
There were nOne.
PUBLIC HEARING
2. CONSIDERATION OF THE PROPOSED DISPOSITION OF PROPERTY BY THE
REDEVELOPMENT AGENCY, TO THE CITY OF CHULA VISTA, PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33430 AND 33431
In July 2001, the Final Master Plan for the Civic Center renovations was presented to and
approved by the Council. On August 3, 2004, the City Council/Redevelopment Agency
approved the guaranteed maximum price for designlbuild services and authorized the
issuance of 2004 Certificates of Participation, in part to finance the construction of Phase
I. Phase I is currently underway. The Agency holds title to three parcels that must be
conveyed to the City in order for the construction financing to be completed. (Director of
Community Development)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
On the date and at the time specified in the notice.
PUBLIC HEARING (Continued)
ChairlMayor Padilla opened the public hearing.
Agency/Councilmember Rindone announced that he would abstain from discussion and voting
on the item due to the proximity of his residence to the property.
With no members of the public wishing to speak, Chair/Mayor Padilla closed the public hearing.
ACTION:
Agency/Councilmember McCann offered Agency Resolution No. 1894 and
Council Resolution No. 2004-291, headings read, texts waived:
AGENCY RESOLUTION NO. 1894, RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROVING THE DISPOSITION OF CERTAIN REAL PROPERTY
TO THE CITY OF CHULA VISTA AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
COUNCIL RESOLUTION NO. 2004-291, RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING
THE ACQUISITION OF CERTAIN REAL PROPERTY FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FOR
PUBLIC PURPOSES; ACCEPTING THE DEED CONVEYING SUCH
PROPERTY TO THE CITY OF CHULA VISTA; AND MAKING
CERTAIN OTHER FINDING RELATED THERETO
The motion carried 4-0-1, with Agency/Councilmember Rindone abstaining.
OTHER BUSINESS
3. DIRECTOR/CITY MANAGER'S REPORTS
There were none.
4. CHAIR/MAYOR'S REPORTS
There were none.
5. AGENCY/COUNCILMEMBER COMMENTS
There were none.
ADJOURNMENT
At 7:19 p.m., Chair/Mayor Padilla adjourned the meeting to a Regular Meeting of the
Redevelopment Agency on September 21, 2004, at 6:00 p.m., immediately following the Cjty
Council Meeting in the Council Chambers.
~tLL-I ~ IS,--O #G
Susan Bigelow, MMC, City Clerk
,
Page 2 CouncillRDA Minutes
09/14/04
PAGE 1, ITEM NO.: ~
MEETING DATE: 10/26/04
JOINT REDEVELOPMENT AGENCY / CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE: (A) JOINT RESOLUTION OF THE CITY COUNCIL AND
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROPRIATING $575,000 AS A LOAN FROM THE GENERAL
FUND TO BAYFRONT/TOWN CENTRE I REDEVELOPMENT
AGENCY TO REIMBURSE THE PORT DISTRICT FOR COSTS
ASSOCIATED WITH CANCELLATION OF THE PROPERTY
TRANSACTION FOR THE 2.73-ACRE PARCEL OF LAND AT 980
LAGOON DRIVE
(B) JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
CONCURRING WITH PORT DISTRICT BOARD APPROVAL OF A
CONSULTING AGREEMENT WITH COOPER, ROBERTSON &
PARTNERS FOR A PERIOD OF SEVEN MONTHS FOR A FEE NOT
TO EXCEED $675,000 TO PROVIDE URBAN WATERFRONT
PLANNING AND DESIGN CONSULTING SERVICES FOR PHASE
II OF THE CHULA VISTA BAYFRONT MASTE PLAN
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTO
REVIEWED BY: EXECUTIVE DIRECTOR & (' l)tv
4/5THS VOTE: YES 0 NO D
RECOMMENDATION
That the City Cauncil and Redevelopment Agency odopt the resolution appropriating $575,000
as a laan from the General Fund ta Bayfront(T own Centre Redevelopment Agency to reimburse
the Port District for costs associated with cancellation of the City/Port property transaction for the
2.73-acre parcel located at 980 Lagoon, which will result in the continued ownership of that
parcel by the Redevelopment Agency. That the City Council and Redevelopment Agency also
adopt the resolution concurring with Port District's approval of a consulting agreement with
Cooper, Robertson, and Partners to provide urban waterfront planning and design consulting
services for Phase II of the Chula Vista Bayfront Master Plan.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
6 - \
PAGE 2, ITEM NO.:
MEETING DATE: 10/26/04
DISCUSSION
In 1997, the San Diego Unified Port District (Port), the City of Chula Vista and the Redevelopment
Agency of the City Chulo Vista (City) entered into a purchase agreement for the Port's acquisition
of the 2.73-acre parcel of land at 980 Lagoon Drive, known as "Shangri-La" and located at the
westerly end of "F" Street adjacent to the bay. The agreed-upon purchase price was $981,000.
The appraised value of the parcel was based on the assumption that the property be free of
contamination and be available for future commercial development. The Port deposited
$500,000 earnest money into escrow to acquire the property, a portion of which was used for
site remediation and the remainder put into the general fund according to the purchase terms.
At the time of the initial transaction, the site was designated for park land and open space. The
site continues to be designated park land.
Since the original transaction was negotiated, the Port and the City have embarked upon a joint
master planning effort for the Chula Vista Bayfront, which includes the subject property. The
master planning effort will identify appropriate land uses and a development program for all
properties within the study area. As a result, all Local Coastal Plan amendments, including any
proposed rezoning of the subject property, would be pursued only after completion of the Chula
Vista Bayfront Master Plan. Because the intent of the original purchase agreement for the
Shangri-La parcel has changed since entering into the purchase agreement, staff recommends
that the City Council/Redevelopment Agency approve the cancellation of the property transaction
with the Port at this time.
Upon cancellation of the purchase agreement, the City would reimburse the Port its initial
$500,000 earnest money deposit plus $75,000 in interest. These funds would be appropriated
from the General Fund. The Port has agreed that these reimbursed funds would be combined
with other Port funds committed for the completion of the Chula Vista Bayfront Master Planning
effort.
Cancellation of the purchase agreement and retention of the Shangri-La property provides the
City with greater land use flexibility and possibilities for siting land uses not consistent with the
Port's Trust Doctrine, which may arise as part of the master planning process. It also provides the
Port with the funding needed for the ongoing master planning effort (see Attachment 2). Release
of the funds will occur upon the Port's formal termination of the purchase agreement.
FISCAL IMPACT
A total of $575,000, including a refund of the $500,000 earnest money deposit plus $75,000 in
interest, would be appropriated from the General Fund as a loan to Bayfront/T own Centre I
Redevelopment Agency to reimburse the Port District for costs associated with cancellation of the
City/Port property transaction for the 2.73-acre parcel located at 980 Lagoon Drive, which will
result in the continued ownership of that parcel by the Redevelopment Agency. The net impact to
the General Fund would be $575,000 in fiscal year 2004.
AnACHMENTS
1. Site Map
2. Port Staff Report dated October 19, 2004
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SAN DIEGO
BAY
980 LAGOON DR.
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SITE MAP
ATTACHMENT 1
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AGENDA ITEM 15AB
SAN DIEGO UNIFIED PORT DISTRICT
DATE: October 19, 2004
SUBJECT: CHULA VISTA BAYFRONT MASTER PLAN:
A) ADOPT ORDINANCE AMENDING ORDINANCE NO. 2301, THE
ANNUAL BUDGET FOR FISCAL YEAR 2004-2005
B) ADOPT RESOLUTION WAIVING BOARD POLICY 110 AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO AN
AGREEMENT WITH COOPER, ROBERTSON & PARTNERS FOR A
PERIOD OF SEVEN MONTHS FOR A FEE NOT TO EXCEED
$675,000 AND ACCEPTING THE MODIFIED INDEMNIFICATION
LANGUAGE OF THE AGREEMENT
EXECUTIVE SUMMARY:
The one-year master planning effort for the first phase of the Chula Vista Bayfront
Master Plan (CVBMP) concluded on May 25, 2004 with the joint Board of Port
Commissioners' and Chula Vista City Council's preliminary approval of the CVBMP land
use plans known as .Option C. and .Option Boo. At that joint meeting, the Board and
City Council also authorized staff to identify a specific development program for the
CVBMP, conduct a financial feasibility analysis, and commence the environmental
review process.
Phase II of the CVBMP will include identifying a specific development program and
developing conceptual graphics and three dimensional models for the two land use
plans, which will result in a project description that will be used for the environmental
document prepared pursuant to the Califomia Environmental Quality Act (CEQA).
Additional professional consulting services in the fields of: urban waterfront planning,
landscape architecture, traffic engineering/transportation planning, civil engineering,
cost estimating, public outreach and facilitation, economics, and environmental review
will be required to complete this effort.
Funds for completing the Phase II planning and environmental review work ($800,000
for planning and $800,000 for environmental review) are estimated at $1.6 Million, a
majority of which would be expended in FY 04/05. The proposed source of funds of the
$1.6 Million includes: $500,000 in past and projected reimbursements from Pacifica
Companies (Pacifica); $450,000 from the South Bay MOU (MOU); a direct cash
contribution of $575,000 from the City of Chula Vista (City); and $75,000 from the Land
Use Planning Department's (LUP) FY 04/05 Operating Budget. The $75,000 to be
utilized from the existing LUP budget will have no impact on the current budget. Staff
recommends that the Board adopt an ordinance amending Ordinance No. 2301, the
Annual Budget for FY 04/05. The increase to the Port's Operating Budget is to add
additional funds, in the amount of $1,525,000, to LUP's FY 04/05 Operating Budget.
San Diego Unified Port District Board Meeting - October 19. 2004
A TT ACHMENT 2
;)-it-
AGENDA ITEM 15AB
Page 2 of5
In order to complete Phase II, Port and City staff and Pacifica representatives
unanimously agree that the nationally recognized urban waterfront planning firm of
Cooper, Robertson & Partners (CR&P) should be the prime consultant in leading this
effort. CR&P was a subconsultant to Carrier Johnson (who was the prime consultant
for Phase I of the CVBMP, and whose agreement expired on August 31, 2004), was the
key consultant in developing the bayfront vision and approved land use plans, and were
the predominant faces in front of the Citizens Advisory Committee (CAC), the Board
and City Council, and the general public. CR&P's team will consist of subconsultants in
the fields of: landscape architecture, traffic engineering/transportation planning, civil
engineering, marine and marina planning, and cost estimating. In order to preserve the
continuity and expertise of the consultant team responsible for developing the approved
land use plans, staff recommends waiving Board Policy 110 and authorizing the
Executive Director to enter into an agreement with CR&P for a period of seven months
for a fee not to exceed $675,000.
Furthermore, the proposed agreement indemnification language is not consistent with
the Port's typical indemnification clause and will not afford the Port the defense and
indemnification for any and all claims that can be made. However, this modified
indemnification language has been approved by the Port Attorney's office, and LUP is
recommending that the Board approve this agenda item with the modified
indemnification language. This same indemnification language was included in the
Carrier Johnson agreement for Phase I of the CVBMP for the same type of consulting
services, and was approved by the Board on April 22, 2003 by Resolution No. 2003-81.
In addition to the urban waterfront planning consulting services to be provided by the
CR&P team, other professional consulting services required to complete Phase II, such
as: public outreach, public facilitation, and economics, in an amount totaling
approximately $125,000, will be retained by the Port under separate agreements. It is
anticipated that the remaining $800,000 will be needed to retain an environmental
review consultant to conduct technical analyses during Phase II, and subsequently
prepare the required environmental document; a Request for Proposals has been
issued and selection of the environmental consultant will be brought to the Board for
approval in November or December.
RECOMMENDATION:
Chula Vista Bayfront Master Plan:
A) Adopt Ordinance amending Ordinance No. 2301, the Annual Budget for Fiscal
Year 2004-2005
B) Adopt Resolution waiving Board Policy 110 and authorizing the Executive
Director to enter into an agreement with Cooper, Robertson & Partners for a
period of seven months for a fee not to exceed $675,000 and accepting the
modified indemnification language of the agreement.
San Diego Unified Port District Board Meeting - October 19. 2004
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Page 3 of 5
AGENDA ITEM 15AB
FISCAL IMPACT:
Funds for completing the Phase II planning and environmental review work ($800,000
for planning and $800,000 for environmental review) are estimated at $1.6 Million, a
majority of which will be expended in FY 04/05. The proposed source of funds is as
follows:
Amount
$ 100,000
$ 400,000
$ 450,000
$ 575,000
$ 75.000
Fundina Source
Reimbursements of unused CVBMP Phase I consultant
expenses on and after January 30, 2004 from Pacifica (25%
of $400,000), per the Port/City Joint Planning Agreement
(JPA). Per the JPA, the Port pays the CVBMP consultants
100% of its invoices up front and is reimbursed 25% by
Pacifica via the City. The majority of the Pacifica
reimbursements were recorded in FY 03/04.
Anticipated reimbursements from Pacifica for CVBMP Phase
II consultant expenses (25% of $1.6 Million), via the City, per
the Port/City JPA.
South Bay MOU line item earmarked for "Bayfront Master
Plan EIR/Coastal" (Port and City share). This would be
transferred from the Capital Outlay Budget for MOU to the
Operating Budget for MOU.
City of Chula Vista will retum to the Port earnest money plus
interest that was used in the proposed purchase of the
property known as Shangri-La; that property transaction will
be cancelled. The City will issue the Port a check by the end
of October.
Port LUP FY 04/05 Operating Budget (currently budgeted)
$1,600,000 Total
San Diego Unified Port District Board Meeting - October 19. 2004
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AGENDA ITEM 15AB
Page 4 of 5
This proposed Board action will amend the Annual Budget as follows:
Oriainal Budaet Amended Budaet Net Chanae
Operations $110,436,700 $111,961,700 +$1,525,000
Capital Outlav 43,341 ,000 42,891,000 - 450,000
Eauioment Outlav 1,137,800 1,137,800 0
Debt Service - Principal 250,500 250,500 0
Public Art Proiects 1,101,000 1,101,000 0
Total 156,267,000 157,342,000 + 1,075,000
The increase to the Port's Operating Budget is to add additional funds to LUP's FY
04/05 Operating Budget, in the amount of $1,525,000 ($1.6 Million minus $75,000
currently within LUP's FY 04/05 Operating Budget). (Certificate of the Treasurer
04-151 ).
DISCUSSION:
Since May, the Port/City/Pacifica CVBMP team has explored options for completing the
master plan process, including conducting a design competition, hiring various
consultants, utilizing in-house staff, and combinations of these options. It is anticipated
Phase" will include concentrated workshops with the CAC, technical studies, financial
analyses, conceptual graphics and three dimensional modeling, identification of a
speCific development program, and ultimately, draft master plan alternatives and a
project description that can be included in the subsequent environmental document
prepared pursuant to CEQA.
This proposed Board action will amend the Annual Budget by increasing the Port's
Operating Budget by $1,525,000 ($1.6 Million minus $75,000 currently within LUP's FY
04/05 Operating Budget). This will allow for an amendment to LUP's FY 04/05
Operating Budget for the same amount.
This Board action will also allow the Executive Director to enter into an agreement with
CR&P to complete the Phase II planning work. CR&P is a nationally recognized
architecture and urban design firm based in New York. The principal representatives
are Keith Orlesky, Project Director, and Randall Morton, Partner-In-Charge. CR&P's
significant waterfront projects include: Battery Park City Master Plan in New York City;
Memphis Riverfront Master Plan; Boston Seaport Master Plan; Maritime Park Master
Plan in Miami; Detroit East Riverfront Park; and the Baltimore Inner Harbor East.
CR&P has received numerous awards for their Battery Park City projects from: the
National American Institute of Architects (NAIA), American Institute of Architects (AlA),
American Society of Landscape Architects, Urban Land Institute (ULI), and the
Waterfront Center. CR&P is the first and only firm to receive NAIA awards in both
San Diego Unified Port District Board Meeting - Oclober 19. 2004
~- 'I
AGENDA ITEM 15AB
Page 5 0'5
architecture and urban design in the same year. Other CR&P projects have received
awards, such as from: the AlA for the Boston Seaport Public Realm Plan; the NAIA for
WaterColor. Florida; ULI for Celebration, Florida; the American Planning Association for
the Carlyle Master Plan in Virginia; and the NAIA (Honor Award) for the Visitors'
ReceptionfTransportation Center in South Carolina.
CR&P's team includes SWA Group (who was part of the CVBMP Phase I urban design
team) for landscape architecture; Kimley-Hom and Associates, Inc. for traffic
engineering/transportation planning, civil engineering, and cost estimating; Moffatt &
Nichol for marine and marina planning; and Michael McCann for professional rendering
services.
Other professional consulting services required to complete Phase II, such as: public
outreach, public facilitation, economics, and environmental review, will be retained by
the Port under separate agreements.
Port Attorney's Comments:
The Port Attomey has approved the requested document for form and legality.
Environmental Review:
The proposed Board action is not subject to CEQA, as amended.
Equal Opportunity Program:
Not applicable.
PREPARED BY: Wileen C. Manaois
Senior Planner
San Diego Unified Port District Board Meeting - October 19. 2004
d-8
AGENCY RESOLUTION NO"
AND
COUNCIL RESOlUTION NO.
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROPRIATING $575.000 AS A LOAN FROM THE GENERAL FUND
TO BAYFRONTfTOWN CENTRE I REDEVELOPMENT AGENCY TO
REIMBURSE THE PORT DISTRICT FOR COSTS ASSOCIATED WITH
CANCELLATION OF THE PROPERTY TRANSACTION FOR THE 2.73-
ACRE PARCEL OF LAND AT gaO LAGOON DRIVE
WHEREAS, the City Council and Redevelopment Agency approved Council Resolution
18690 and Agency Resolution 1543, approving an Agreement for Purchase and Sale between the
City of Chula Vista and the San Diego Unified Port District for the sale of the 2.73-acre parcel at 980
Lagoon Drive for a purchase price of $981 ,000; and
WHEREAS, the Port has advanced funds to the Redevelopment Agency in the amount of
$500,000 earnest money through escrow, which were then used by the Agency to repay an
outstanding General Fund loan; and
WHEREAS, the Port and City have since entered into a joint planning agreement for master
planning the Chula Vista Bayfront, which includes the subject property; and
WHEREAS, all Local Coastal Plan amendments, including any rezoning of the subject
property, would be pursued only after completion of the Master Plan; and
WHEREAS, the intent of the original purchase agreement has changed since entering into
the purchase agreement; and
WHEREAS, cancellation of the purchase agreement and retention of the parcel at 980
Lagoon Drive provides the City with greater land use flexibility and possibilities for siting land uses
not consistent with the Port's Trust Doctrine, which may arise as part of the master planning
process.
NOW, THEREFORE, BE IT RESOLVED that the City Council and the Redevelopment
Agency of the City of Chula Vista do hereby appropriate $575,000 as a loan from the General Fund
to BayfrontfTown Centre I Redevelopment Agency to reimburse the Port District for costs associated
with cancellation of the property transaction for 980 Lagoon Drive upon the Port's formal termination
of the purchase agreement.
Presented by
Approved as to form by
Ann Moore
City Attorney and Agency Counsel
Laurie Madigan
Director of Community Development
'd.-~
AGENCY RESOLUTION NO.
AND
COUNCIL RESOLUTION NO.
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
CONCURRING WITH PORT DISTRICT BOARD APPROVAL OF A
CONSULTING AGREEMENT WITH COOPER, ROBERTSON &
PARTNERS FOR A PERIOD OF SEVEN MONTHS FOR A FEE NOT
TO EXCEED $675,000 TO PROVIDE URBAN WATERFRONT
PLANNING AND DESIGN CONSULTING SERVICES FOR PHASE II OF
THE CHULA VISTA BAYFRONT MASTER PLAN
WHEREAS, on May 25, 2004, the one-year master planning effort for the first phase of the
Chula Vista Baytront Master Plan (CVBMP) concluded with the joint Board of Port Commissioners
(Board) and the Chula Vista City Council (Council) granting preliminary approval of the CVBMP land
use plans know as "Option C" and "Option B"; and
WHEREAS, the Board and Council also directed staff to identify a specific development
program for the CVBMP, conduct a financial feasibility analysis, and commence the environmental
review process; and
WHEREAS, Phase II of the CVBMP will identify a specific development program resulting in
a project description to be used for the environmental document to be prepared in Phase III of the
CVBMP pursuant to the Califomia Environmental Quality Act; and
WHEREAS, the nationally recognized urban waterfront planning firm of Cooper, Robertson
and Partners was the key consultant in developing the baytront vision and approved land use plans
in Phase I, and will have as their subconsultants during Phase II experts in the fields of landscape
architecture, traffic engineering/transportation planning, civil engineering, marine and marina
planning, and cost estimating; and
WHEREAS, in addition to the urban waterfront planning consulting services to be provided
by the CR&P team, other professional consulting services required to complete Phase II, such as
public outreach, public facilitation, and economics, have also been retained by the Port; and
WHEREAS, on October 19, 2004, the Board approved a consulting agreement with CR&P in
the amount of $675,000; and
WHEREAS on October 19, 2004, the Board also granted a total expenditure of $1.6 million
for the Chula Vista baytront master planning effort, which included $450,000 in City/Port MOU
monies previously approved for the CVBMP by the Council; $500,000 in past and projected
reimbursements from Pacifica Companies, the return of $500,000 plus $75,000 in interest by the
City to the Port upon the cancellation of the Purchase Agreement for the parcel at 980 Lagoon Drive,
and $75,000 from the Port's Land Use Planning Department's FY 04/05 Operating Budget; and
NOW, THEREFORE, BE IT RESOLVED that the City Council and the Redevelopment
Agency of the City of Chula Vista do hereby concur with the Board's approval of a consulting
agreement with CR&P for a periOd of seven months for a fee not to exceed $675,000 to provide
urban waterfront planning and design consulting services for Phase II of the CVBMP.
~- \0
Presented by
Laurie Madigan
Director of Community Development
d - \\
Approved as to form by
Ann Moore
City Attorney and Agency Counsel
PAGE 1, ITEM NO.: b
MEETING DATE: 10/26/04
JOINT REDEVELOPMENT AGENCY I CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
RESOLUTION OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE PROFESSIONAL SERVICES SELECTION
PROCESS AND APPROVING A TWO-PARTY AGREEMENT BElWEEN THE
REDEVELOPMENT AGENCY AND RECON FOR CONSULTING SERVICES TO
PREPARE A MASTER ENVIRONMENTAL IMPACT REPORT FOR THE CITY'S
URBAN CORE SPECIFIC PLAN
REVIEWED BY: ExECUTIVE DIRECTOR
L.~
0'
SUBMITTED
BY:
PLANNING AND BUILDING DIRECTOR
4/5THS VOTE: YES D NO ~
BACKGROUND
The item before the Redevelopment Agency/City Council is a request to waive
the professional services selection process and approve a two-party agreement
with RECON for consulting services to prepare a Master Environmental Impact
Report (MEIR) for the City's Urban Core Specific Plan. RECON will be performing
these services for a fixed-fee of $228,930. In addition, staff is asking that a
contingency in the amount of $13,570 be approved, for a total of $242,500.
RECOMMENDATION
It is recommended that the Redevelopment Agency/City Council adopt a
Resolution waiving the professional services selection process and approving a
two-party agreement between the Redevelopment Agency and RECON for
consulting services to prepare an MEIR for the Urban Core Specific Plan.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
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PAGE 2, ITEM NO.:
MEETING DATE: 10/26/04
DISCUSSION
On May 27,2003, the City Council and Redevelopment Agency directed staff to
initiate the preparation of an Urban Core Specific Plan, the completion of which
has been identified as a high priority by the City in order to assist in the
revitalization of the Urban Core. Adoption of the Urban Core Specific Plan
would require the certification of an environmental impact report (EIR) pursuant
to the California Environmental Quality Act (CEQA).
Consultant Services Selection Process
The City is currently in the process of conducting a comprehensive General Plan
Update, which is proposed to establish the framework upon which the Urban
Core Specific Plan will be based. The City Council approved agreements with
RECON to prepare environmental baseline studies and an EIR for the General
Plan Update. RECON has acquired in-depth knowledge of Chula Vista's
environmental issues through the preparation of the environmental baseline
studies, the presentation and discussion of these studies with the General Plan
Update Environment. Open Space, and Sustainable Development
Subcommittee, and through its work to date on the EIR for the General Plan
Update.
It is the opinion of the Environmental Review Coordinator that RECON's
comprehensive familiarity with the Agency and City's environmental issues and
with the Chula Vista General Plan Update, in particular with the Urban Core
Subarea and the Northwest Area Plan, makes them uniquely qualified to serve as
the consultant for this project. Furthermore, it is the opinion of the Environmental
Review Coordinator that RECON's familiarity with the issues pertinent to the
project and with the environmental issues associated with the project would
result in cost savings, as well as time savings, to the Agency and City by
minimizing the duplication of efforts previously made, and which continue to be
made, by RECON with respect to the preparation of the General Plan Update
EIR. RECON's work to date on the General Plan Update has been consistently
performed on schedule and to the satisfaction of the Environmental Review
Coordinator. Therefore, it is staff's recommendation that the Redevelopment
Agency/City Council waive the professional services selection process on the
grounds that the process, in this instance, is impractical for the reasons stated
above and that it is in the Agency's best interest to retain RECON to perform the
required environmental consulting services.
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PAGE 3, ITEM NO.:
MEETING DATE: 10/26/04
RECON warrants and represents that it is experienced and staffed in a manner
such that its can prepare and deliver the services required of Consultant to
Agency within the time frames herein provided - all in accordance with the
terms and conditions of this Agreement.
ScoDe-of-Work
RECON will function as the Consultant to the City of Chula Vista under the
supervision of the City's Environmental Review Coordinator. The responsibilities of
the Consultant are fully described in the proposed two-party agreement and are
briefly summarized below.
Consultant will prepare a Notice of Preparation, a draft MEIR, and draft Mitigation
Monitoring and Reporting Program for the Urban Core Specific Plan in
accordance with the requirements of the California Environmental Quality Act
(CEQA). Following public review of the draft MEIR, Consultant will prepare
responses to comments received and will prepare a final MEIR, final Mitigation
Monitoring and Reporting Program, Candidate CEQA Findings, and a Statement
of Overriding Considerations (if necessary) for consideration by the Planning
Commission, City Council and Redevelopment Agency in conjunction with the
proposed Specific Plan. In addition to the above-described CEQA documents,
Consultant will prepare a compliance checklist to be used by City staff to assess
whether or not future development proposals within the Urban Core conform to
the MEIR and to identify if additional environmental analysis is necessary pursuant
to CEQA.
Contract Payment
The total cost of the contract for consulting services is a fixed fee of $228,930.
Staff is also asking that a contingency in the amount of $13,570 be approved,
for a total of $242,500. The Consultant will invoice the Agency subsequent to
the completion of the milestones identified in the two-party agreement.
ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 of
the State CEQA Guidelines; therefore, pursuant to Section 15060(c) (3) of the
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PAGE 4, ITEM NO.:
MEETING DATE: 10/26/04
State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
FISCAL IMPACT
The contract amount for consulting services is $242,500 (including a $13,570
contingency). The City's 2003/04 Capital Improvement Program's budget
includes $250,000 in the existing CIP Project - Urban Core Specific Plan (RD 242)
for the preparation of the Urban Core Specific Plan EIR, $7,500 of which will be
utilized for other environmental consulting services in support of the EIR, leaving
a remainder of $242,500 for this contract.
5-4-
RESOLUTION NO. 2004-
RESOLUTION OF THE REDEVELOPMENT AGENCY/CITY
COUNCIL OF THE CITY OF CHULA VISTA WANING THE
PROFESSIONAL SERVICES SELECTION PROCESS AND
APPROVING A TWO-PARTY AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY AND RECON FOR
CONSULTING SERVICES TO PREPARE A MASTER
ENVIRONMENTAL IMPACT REPORT FOR THE CITY'S
URBAN CORE SPECIFIC PLAN
WHEREAS, on May 27,2003, the City Council and Redevelopment Agency directed
staff to initiate the preparation of an Urban Core Specific Plan; and
WHEREAS, adoption of the Urban Core Specific Plan would require the certification of
an environmental impact report (EIR) pursuant to the California Environmental Quality Act; and
WHEREAS, completion of the Urban Core Specific Plan has been identified as a high
priority by the City in order to assist in the revitalization ofthe Urban Core; and
WHEREAS, the City is currently in the process of conducting a comprehensive General
Plan Update, which is proposed to establish the framework upon which the Urban Core Specific
Plan will be based; and
WHEREAS, the City Council approved agreements with RECON Environmental, Inc.
("RECON") to prepare environmental baseline studies and an EIR for the General Plan Update;
and
WHEREAS, RECON has acquired in-depth knowledge of Chula Vista's environmental
issues through the preparation of the environmental baseline studies, the presentation and
discussion of these studies with the General Plan Update Environment, Open Space, and
Sustainable Development Subcommittee, and through its work to date on the EIR for the General
Plan Update; and
WHEREAS, RECON's comprehensive familiarity with the City's environmental issues
and with the Chula Vista General Plan Update, in particular with the Urban Core Subarea and the
Northwest Area Plan, makes RECON uniquely qualified to serve as the Consultant for thjs
project; and
WHEREAS, RECON's familiarity with the project and its unique environmental issues
would result in cost savings, as well as time savings, to the City and Agency by minimizing the
duplication of efforts previously made, and which continue to be made, by RECON with respect
to the preparation ofthe General Plan Update EIR; and
WHEREAS, RECON's work to date on the General Plan Update has been consistently
performed on schedule and to the satisfaction of the Environmental Review Coordinator; and
'6-5
WHEREAS, RECON warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of RECON to City
within the time frames herein provided all in accordance with the terms and conditions of the
Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council and Redevelopment
Agency of the City of Chula Vista do hereby waive the consultant selection process as
impractical and approve the Agreement between the Agency and RECON Environmental, Inc. to
prepare a Master EIR for the Urban Core Specific Plan.
BE IT FURTHER RESOLVED that the Executive Director or his/her designee is
authorized to increase the scope of work and compensation of the Agreement, provided that the
increase in compensation does not exceed $13,570.
Presented by
Approved as to form by
~ t. t!w.-
;oIlIoC,..
Jim Sandoval
Director of Planning and Building
Ann Moore
City/Agency Attorney
6-tp
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE AGENCY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE REDEVELOPMENT AGENCY
~7.l/
....,...
Ann Moore
Agency Attorney
Dated: October 21, 2004
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND
RECON ENVIRONMENTAL, INe. TO PREPARE A MASTER EIR FOR
THE URBAN CORE SPECIFIC PLAN
Parties and Recital page(s)
Agreement between
The Redevelopment Agency of the City of Chula Vista
and RECON ENVIRONMENTAL, INC.
TO PREPARE A MASTER EIR
FOR THE URBAN CORE SPECIFIC PLAN
This agreement ("Agreement"), dated October 26, 2004, for
the purposes of reference only, and effective as of the date last
executed, unless another date is otherwise specified in Exhibit
A, Paragraph 1 is between Redevelopment Agency of the City of
Chula Vista, as such ("City"), whose business form is set forth
on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
WHEREAS, on May 27, 2003, the City Council and Redevelopment
Agency directed staff to initiate the preparation of an Urban
Core Specific Plan, and;
WHEREAS, adoption of the Urban Core Specific Plan requires
the certification of an environmental impact report (EIR)
pursuant to the California Environmental Quality Act, and;
WHEREAS, completion of the Urban Core Specific Plan has been
identified as a high priority by the City in order to assist in
the revitalization of the Urban Core, and;
WHEREAS, the City is currently in the process of conducting a
comprehensive General Plan Update, which is proposed to establish
the framework upon which the Urban Core Specific Plan will be
based, and;
WHEREAS, the City Council approved agreements with RECON to
prepare environmental baseline studies and an EIR for the General
Plan Update, and;
WHEREAS, RECON has acquired in-depth knowledge of Chula
Vista's environmental issues through the preparation of the
environmental baseline studies, the presentation and discussion of
these studies with the General Plan Update Environment, Open Space,
and Sustainable Development Subcommittee, and through its work to
date on the EIR for the General Plan Update, and;
RECON - UCSP Master EIR
October 26, 2004
Page 1
WHEREAS, RECON's comprehensive familiarity with the City of
Chula Vista and Redevelopment Agency's environmental issues and with
the Chula Vista General Plan Update, in particular with the Urban
Core Subarea and the Northwest Area Plan, makes RECON uniquely
qualified to serve as the Consultant for this project, and;
WHEREAS, the Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement, and;
(End of recitals. Next page starts obligatory provisions.)
RECON - UCSP Master EIR
October 26, 2004
Page 2
Obligatory provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant,
from time to time reduce the Defined 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.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
"Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
RECON - UCSP Master EIR
October 26, 2004
Page 3
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a 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.
F. 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:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City 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 in the same manner as
members of the general public ("Cross-liability Coverage") .
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(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.
(2) Policy Endorsements Required.
RECON - UCSP Master EIR
October 26, 2004
Page 4
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
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or Agency
Attorney which amount is indicated in the space adjacent to the
term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
to the bank a letter, signed by the Executive Director, stating
that the Consultant is in breach of the terms of this Agreement.
The letter of credit shall be issued by a bank, and be in a form
and amount satisfactory to the Risk Manager or Agency Attorney
which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or Agency Attorney.
I. Business License
RECON - UCSP Master EIR
October 26, 2004
Page 5
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by
Consultant according to the terms and conditions set forth in
Exhibit A, Paragraph 11, adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth
in paragraph 19 of Exhibit A, and shall compensate Consultant for
out of pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
RECON - UCSP Master EIR
October 26, 2004
Page 6
4. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate") .
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, 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 economic interests to the
City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
Agency Attorney.
B. Decline to Participate.
RECON - UCSP Master EIR
October 26, 2004
Page 7
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.
C. 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.
D. 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.
E. 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 Agency 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.
F. 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 any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
RECON - UCSP Master EIR
October 26, 2004
Page 8
other reward or gain has been made to Consultant or Consultant
Associates in connection with 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, except with the written permission of City.
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,
except with the written permission of City.
7. Hold Harmless
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, 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 and expense (including without limitation
attorneys fees) except for 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
RECON - UCSP Master EIR
October 26, 2004
Page 9
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.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City
for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
RECON - UCSP Master EIR
October 26, 2004
Page 10
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of
the Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax,
RECON - UCSP Master EIR
October 26, 2004
Page 11
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration 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 and acted upon by
the City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
good
over
Upon request by City, Consultant shall meet and confer in
faith with City for the purpose of resolving any dispute
the terms of this Agreement.
15.
Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City,
Consultant shall have no authority to act as City's agent to bind
City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
RECON - UCSP Master EIR
October 26, 2004
Page 12
of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. 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 herein as the places of
business for each of the designated parties.
D. 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.
E. 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, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. 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
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.
[End of page. Next page is signature page.]
RECON - UCSP Master EIR
October 26, 2004 Page 13
Signature Page
to
Agreement between
The Redevelopment Agency of the City of Chula Vista
and RECON ENVIRONMENTAL, Inc.
TO PREPARE A MASTER EIR
FOR THE URBAN CORE SPECIFIC PLAN
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:
, 2004
Redevelopment Agency of the
City of Chula Vista
by:
Stephen C. Padilla
Agency Chair
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, Agency Attorney
Consultant:
RECO~ Inc.
By:
Charles S. Bull, President
Date: 1012.012004
RECON - UCSP Master ErR
October 26, 2004 Page 14
Exhibit A
to
Agreement between
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
and
RECON ENVIRONMENTAL, INC.
TO PREPARE A MASTER EIR
FOR THE URBAN CORE SPECIFIC PLAN
1. Effective Date of Agreement: October 26, 2004
2. City-Related Entity:
() City of Chula Vista, a municipal chartered corporation
of the State of California
(X) Redevelopment Agency of the City of Chula Vista, a
political subdi,'ision of the State of California
() Industrial Development Authority of the City of Chula
Vista, a
() Other:
[insert business form]
, a
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: RECON Environmental, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1927 Fifth Avenue
San Diego, California 92101-2358
Two-Party Agreement
October 26, 2004
A-I
Voice Phone: (619) 308-9333
Fax Phone: (619) 308 - 9334
7. General Duties:
Consultant shall prepare a Master Environmental Impact
Report (MEIR) for the City of Chula Vista Urban Core Specific
Plan (UCSP) in accordance with the California Environmental
Quality Act (CEQA). Consultant shall work closely with City
staff to ensure that the MEIR meets all of the City's needs.
The MEIR shall comply with the California Environmental Quality
Act (CEQA) of 1970 as amended (Public Resources Code Section
21000 et seq.); the State CEQA Guidelines as amended (California
Code of Regulations Section 15000 et seq.); the Environmental
Review Procedures of the City of Chula Vista; and the
regulations, requirements, and procedures of all applicable
responsible and trustee agencies pursuant to CEQA. All services
described in Paragraph 8.A below shall be performed by the
Consultant to the satisfaction of the City's Environmental
Review Coordinator in accordance with the time limits specified
in Paragraph 8.C below.
The draft and final MEIR's shall be
that they will be meaningful and
responsible and trustee agencies, and
prepared in such a manner
useful to decisionmakers,
the public.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
I. MEIR Outline
The MEIR to be prepared by Consultant shall
include the required sections of an MEIR, as set forth in
applicable law including State CEQA Guidelines Sections 15122
through 15132 and Section 15176. The MEIR shall be formatted as
directed by the City's Environmental Review Coordinator and
shall include, but not be limited to, the following sections as
necessary to adequately address all pertinent potential
environmental effects of the project in accordance with CEQA:
. Table of Contents
Two-Party Agreement
October 26, 2004
A-2
. Executive Summary
. Introduction
. Project Description
. Environmental Analysis
. Alternatives
. Cumulative Impacts
. Growth-Inducing Impacts
. Significant Irreversible Environmental Changes
. Effects Not Found to be Significant
. References
. List of Preparers
Consul tant shall compile supporting documents into a separate
volume(s) to be referred to as the Technical Appendices to the
MEIR. The Technical Appendices shall include the Notice of
Preparation of a draft ErR (NOP) , responses to the NOP, and any
technical reports and relevant technical information utilized or
generated in conjunction with the preparation of the MEIR. All
documents prepared by the Consultant and Subconsultant shall be
prepared in Microsoft Word 2000.
II. Task 1 - Notice of Preparation
Consultant will prepare a draft Notice of
Preparation of a draft EIR (NOP) when directed by the City's
Environmental Review Coordinator (Deli verable No.1). The NOP
shall contain the project description and proposed scope of work
for the draft MEIR. City staff will review the draft NOP and
will provide comments to Consultant. Consultant shall address
the City's comments and submit a final NOP to the City
(Deli verable No.2). Comments received in response to the NOP
will be used to finalize the scope of work for the draft MEIR.
III. Task 2 - First Screencheck Draft MEIR and
Associated Technical Reports
Consultant shall prepare a description of
existing conditions for, collect data on, and analyze potential
impacts pertaining to each of the specific environmental issues
described below and prepare and submit twenty (25) copies of the
first screencheck draft MEIR and associated technical reports to
the City for review and comment (Deliverable No.3) .
Two-Party Agreement
October 26, 2004
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The following outlines the contents of the first screencheck
draft MEIR. The preparation of any necessary technical reports
is addressed under the applicable issue areas below.
Executive Summary -- This section of the MEIR shall summarize
the significance of environmental effects, mitigation
measures, level of significance after mitigation, cumulative
impacts, and the evaluation of CEQA alternatives.
Introduction -- This section of the MEIR shall describe the
project background, purpose and need, and objectives. This
section shall also provide an overview of the CEQA process
and all proposed discretionary actions.
Project Description This section
describe in detail the key attributes
and all associated actions.
of the MEIR shall
of the proposed UCSP
Environmental Analysis This section of the MEIR shall
contain a discussion of existing conditions based in part on
the previously completed General Plan Update Environmental
Baseline Studies and Areawide Studies and the General Plan
Update EIR. This section shall also present an analysis of
each of the environmental issues identified in Paragraphs
III.a through III. 1 below. The analysis shall identify
potentially significant environmental impacts that could
result from adoption of the UCSP and proposed mitigation
measures to reduce or avoid the identified impacts. Impact
analysis within this section shall be conducted at a plan-to-
ground (UCSP versus existing baseline conditions) level of
analysis.
Alternatives This section of the MEIR shall contain an
assessment of a reasonable range of alternatives to the
proposed UCSP, including, at a minimum, the No Project
Alternative. Impact analysis of the No Project Alternative
shall be conducted at a plan-to-plan (proposed UCSP versus
the adopted General Plan and Zoning Code) level of analysis.
Cumulative Impacts -- This section of the MEIR shall address
the cumulative environmental effects of the UCSP in
combination with the Chula Vista General Plan Update as well
Two-Party Agreement
October 26, 2004
A-4
as relevant adopted regional plans.
Other Mandatory CEQA
shall contain the
accordance with the
Impacts, Significant
Effects Not Found to
EIR Sections -- This section of the MEIR
following mandatory CEQA sections in
State CEQA Guidelines: Growth-Inducing
Irreversible Environmental Changes, and
be Significant.
Specific issues to be addressed in
screencheck draft MEIR are described below and are
change in accordance with the final scope of work,
upon responses to the NOP and the content of the
UCSP and associated discretionary actions:
the first
subj ect to
to be based
final draft
a. Land Use, Planning and Zoning
This section of the MEIR shall address
potential land use compatibility impacts and inconsistencies
with pertinent adopted local, regional, state, and federal
plans, programs, and policies as well as impacts associated with
the land uses proposed for the Urban Core Specific Plan relative
to adj acent existing and planned land uses. To address these
issues, this section shall:
. Contain mapping that clearly depicts the adopted Chula
Vista General Plan land use designations and proposed
zoning classifications and an analysis of the
consistency between the proposed zoning regulations
and the General Plan land use designations.
. Contain an aerial photograph showing existing
developed areas in the Urban Core and the project
vicinity to be produced by Consultant.
. Describe applicable goals and policies from the
adopted General Plan.
. Describe and assess any potential for land use
compatibility and community character impacts. The
interface of the proposed land uses with existing,
approved, and future designated land uses shall be
addressed through a compatibility analysis. The
compatibility analysis shall be based in part upon
applicable impact analyses contained in related
sections of the MEIR.
Two-Party Agreement
October 26, 2004
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b. Aesthetics
This section of the MEIR shall discuss the
proposed UCSP land uses in regards to project aesthetics from
key vantage points. To document this analysis, the following
tasks shall be completed:
. Provide current color photographs of the proj ect site
from key vantage points throughout the area to
illustrate the current condition.
. Discuss views of the UCSP area from Gateways.
. Describe the potential for any aesthetic impacts
resulting from development in accordance with the
UCSP.
. Discuss the proposed design guidelines and development
regulations that would avoid or reduce potential
aesthetics impacts.
c. Transportation
This section of the MEIR shall be prepared
based on the UCSP transportation study provided to Consultant by
the City. The UCSP transportation study will describe a
proposed program that meets the transportation objectives of the
General Plan Update for the Urban Core and incorporates measures
contained in the proposed UCSP Public Facilities Financing Plan
(PFFP) needed to achieve these objectives.
d. Air Quality
This section of the MEIR shall be based in
part upon the air quality analysis conducted for the General
Plan Update EIR. Based upon the results of the UCSP
transportation study, additional CO2 hotspot analyses of
congested intersections may be necessary. Because the General
Plan Update will not have been incorporated into the Regional
Air Quality Strategy (RAQS) by the time of the preparation of
this MEIR, the inconsistency of the UCSP with the RAQS will
remain a significant and unmitigated impact.
Two-Party Agreement
October 26, 2004
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e. Noise
This section of the MEIR shall be based in
part upon the noise analysis conducted for the General plan
Update EIR. Applicable witigation measures shall be identified,
such as the placement of buildings or other attenuation
techniques to shelter exterior sensitive noise receivers.
f. Cultural Resources
This section of the MEIR shall be based upon
the archaeological assessment contained in the General Plan
Update EIR, an historic context study prepared under separate
agreement and provided by the City, and an historic evaluation
study of the UCSP area to be prepared by Subconsultant Archaeos
under this Agreement. The scope of the historic evaluation
study shall consist of the historic evaluation of 50 buildings
determined by Archaeos to require investigation based upon the
results of the historic context study and their review of basic
property information provided by the City for all UCSP area
properties. The scope of the evaluation of the 50 buildings
shall include a title search, archival research, field check,
liaison with City staff, and preparation of State Department of
Parks and Recreation forms identifying historic significance for
each building. In addition, Archaeos shall prepare a technical
report documenting the findings of the individual building
evaluations, to be included in the Technical Appendices to the
MEIR.
g. Paleontological Resources
This section
the paleontological assessment
Update EIR.
of the MEIR shall be based upon
contained in the General Plan
h. Biological Resources
This section of the MEIR shall evaluate the
potential impacts to biological resources associated with the
UCSP in light of the Chula Vista Multiple Species Conservation
Program (MSCP) Subarea Plan and other existing policies and
regulations and based upon available sources of information on
Two-Party Agreement
October 26, 2004
A-7
biological resources. This assessment shall consider the extent
to which the UCSP conforms to the Chula Vista MSCP Subarea Plan
and other pertinent adopted plans and policies.
i. Hydrology and Water Quality
This section of the MEIR shall be based upon
drainage studies and analyses provided by the City, including
data utilized to prepare the General Plan Update EIR and UCSP
PFFP. National Pollutant Discharge Elimination System (NPDES)
permitting requirements and existing storm drains, drainage
improvements, and detention features that exist or are planned
within the project area shall be described.
j. Public Services and Utilities
Where applicable, the analysis of public
services and utilities impacts shall be derived from the
technical studies and analyses upon which the Urban Core
Specific Plan Public Facilities Financing Plan will be based
and/or shall involve the following steps:
. Incorporate a discussion of phasing of public
facilities and utilities.
. Assess projected park and recreation, library,
schools, police, fire and emergency medical, solid
waste, and energy services demands, and the impacts
associated with the provision of adequate facilities
and services to meet projected demands.
. Assess the impacts associated with the provision of
adequate sewer facilities to meet projected demands.
. Assess the impacts associated with the provision of an
adequate supply of potable and reclaimed water to meet
proj ected demands. Senate Bill (SB) 610 shall be
discussed as it may apply to the UCSP. A water supply
assessment shall be obtained from the Sweetwater
Authority if required pursuant to SB 610.
. Assess compliance with the applicable City Growth
Management Threshold Standards.
A log of all City and outside agency
contacts consulted shall be compiled and be included as
references in the MEIR.
Two-Party Agreement
October 26, 2004
A-8
k. Hazards
This section of the MEIR shall be based upon
pertinent secondary sources and shall evaluate the potential for
the UCSP to result in significant hazards impacts. Recommended
mitigation procedures to lessen adverse hazards effects shall be
identified. Hazards to be addressed in this section shall
include, but shall not be limited to, potential public health
effects resulting from businesses that utilize hazardous
materials in their operations and from the redevelopment and
reuse of contaminated properties.
I. Geology and Soils
This section of the MEIR shall be based upon
pertinent secondary sources and shall evaluate the potential for
the UCSP to result in significant geology and soils impacts
(e.g., faulting and seismicity, slope stability, soil erosion).
Recommended mitigation procedures to lessen adverse geology and
soils effects shall be identified.
IV. Task 3 - Second Screencheck Draft MEIR
Consultant shall address City staff's comments on
the first screencheck draft MEIR and prepare and submit twenty-
five (25) copies of the second screencheck draft MEIR and
associated technical reports to the City for review and comment
(Deliverable No.4) .
V. Task 4 - Third Screencheck Draft MEIR
Consultant shall address City staff's and legal
counsel's comments on the second screencheck draft MEIR and
prepare and submit ten (10) copies of the third screencheck
draft MEIR and associated technical reports, draft Notice of
Availability, draft Notice of Completion, and draft Mitigation
Monitoring and Reporting Program (MMRP) to the City for review
and comment (Deliverable No.5).
It is anticipated that some potentially
significant impacts will be avoided through regulations and
standards incorporated into the UCSP, in which case no
mitigation measures would be required. The MMRP shall contain
Two-Party Agreement
October 26, 2004
A-9
all feasible mitigation measures required to avoid or reduce the
significant impacts of the project.
VI. Task 5 - Public Review Draft MEIR
Consultant shall address City staff's comments on
the third screencheck draft MEIR, associated technical reports,
and draft MMRP and prepare the public review draft MEIR, MMRP,
and Technical Appendices to the satisfaction of the City's
Environmental Review Coordinator. Consultant shall provide
thirty (30) hard copies of the public review draft MEIR and
MMRP, fifteen (15) hard copies of the Technical Appendices, and
one hundred (100) copies of the public review draft MEIR on 100
CDs (in pdf format) to the City (Deliverable No.6). Consultant
shall incorporate City staff's comments on the draft Notice of
Availability and draft Notice of Completion and prepare the
final Notice of Availability and final Notice of Completion to
the satisfaction of the City's Environmental Review Coordinator
(Deliverable No.6) .
VII. Task 6 - Draft Candidate CEQA Findings/Statement
of Overriding Considerations
Consultant shall prepare draft Candidate CEQA
Findings and, if necessary, a draft Statement of Overriding
Considerations in accordance with State CEQA Guidelines Sections
15091 and 15093 and shall provide ten (10) copies to the City
for review (Deliverable No.7). The Findings shall specify which
mitigation measures have been incorporated into the project and
which have not, with a detailed explanation of infeasible
mitigation measures. The Findings shall also identify
infeasible project alternatives, with a detailed explanation as
to why they are infeasible.
VIII. Task 7 - Responses to Comments
Following the close of public review, Consultant
shall meet with City staff and review all comments received.
Consultant shall prepare draft responses to comments and any
necessary associated revisions to the draft MEIR. Consultant
shall submit ten (10) copies of the draft responses to comments
and any amended MEIR sections to the City for review
(Deliverable No.8) .
Two-Party Agreement
October 26, 2004
A-IO
Consultant shall revise the draft responses to
comments and amended MEIR sections based on the City's comments.
Consultant shall submit the revised draft responses to comments
and any amended MEIR sections for review by the City
(Del i verable No.9). Any changes to the responses to comments
and amended MEIR sections shall be subject to the approval of
the City's Environmental Review Coordinator. If additional
studies and/or analyses are requested by the City as a result of
the comments received, Consultant shall complete those
additional studies and/or analyses upon authorization from the
City's Environmental Review Coordinator.
IX. Task 8 - Final Candidate CEQA Findings/Statement
of Overriding Considerations
Should the City determine that additional
revisions are needed to the draft Candidate CEQA Findings and
draft Statement of Overriding Considerations as a result of the
comments received during the draft MEIR public review period,
Consultant shall make such revisions (Deliverable No.10).
Revisions to the draft Candidate CEQA Findings and draft
Statement of Overriding Considerations shall be subject to the
approval of the City's Environmental Review Coordinator.
X. Task 9 - Final MEIR
Consultant shall prepare a final MEIR, final
MMRP, and final Technical Appendices. Consultant shall provide
thirty (30) copies of the final MEIR and final MMRP, twenty-five
(25) copies of the final Technical Appendices, and thirty (30)
copies of the final MEIR on 30 CDs (in pdf format) to the City
(Deliverable No.11). Consultant shall also provide the final
MEIR in electronic format (text in Microsoft Word 2000 and
graphics in jpeg or pdf format) (Deliverable No.11). In
addition, a draft Notice of Determination and California
Department of Fish and Game (CDFG) filing fee form for the
project shall be submitted by Consultant to the City in
preparation for filing with the County Clerk's Office and State
Clearinghouse (Deliverable No.11) .
XI. Task 10 - Compliance Checklist
Consultant shall prepare and submit to the City
for review and comment a draft compliance checklist to be used
to assess whether or not future projects within the UCSP area
Two-Party Agreement
October 26, 2004
A-ll
conform to the UCSP and MEIR and are fully covered by the MEIR,
in which case no subsequent CEQA analysis or documentation would
be necessary (Deliverable No. 12)
Consultant shall revise the draft compliance
checklist based on the City's comments and submit the revised
final compliance checklist for review by the City (Deliverable
No. 13). Consultant shall complete the checklist to the
satisfaction of the City's Environmental Review Coordinator.
XII. Meetings and Consultation
Charles Bull, Project Manager, and/or his
representatives shall attend, at the direction of the City's
Environmental Review Coordinator, up to 160 hours of formal
meetings throughout the Project duration. These meetings may
include the following:
. Project initiation meeting
. Community meetings
. A public scoping meeting
. periodic meetings with City staff
· MEIR preparation meetings, as needed
. UCSP Advisory Committee meetings
· A Resource Conservation Commission meeting
· A Planning Commission hearing on the draft MEIR
· Planning Commission hearings on the final MEIR
. City Council hearings on the final MEIR
Periodic meetings with City staff as well as
other proj ect consultants will be held to discuss progress of
the work effort, clarify scope of work details, resolve
pertinent issues as they arise, review staff comments, and
finalize the MEIR. If the Consultant is directed to attend more
than 160 hours of meetings, Consultant's time shall be billed on
a time and materials basis at the rates specified in Paragraph
l1.C below. Consultant shall prepare and present information,
respond to questions raised by the Committee and members of the
public, and otherwise participate in meetings as directed by the
City's Environmental Review Coordinator.
In addition to the formal meetings listed above,
Consultant shall informally meet with appropriate City personnel
Two-Party Agreement
October 26, 2004
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and other consultants, as well as outside agency personnel if
warranted, as needed to assist in obtaining current information
needed for the preparation of the MEIR. Such meetings shall not
be counted towards the 160 hours of required meetings identified
above.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Task 1 Draft
Preparation of a draft EIR (NOP) Due date: One (1)
City provides the final boundaries of the UCSP area,
and focus areas and the City-approved UCSP Vision
Consultant.
Notice of
week after
districts,
Poster to
Deli verable No.
Three (3) working days
comments on the draft NOP.
2 : Task 1
after City
- Final NOP.
provides to
Due date:
Consultant
Deli verable No.3: Task 2 - First Screencheck Draft
MEIR and Associated Technical Reports. Due date shall be the
later of the following t.wo dates: Five (5) weeks after City
provides to Consultant the City staff approved draft UCSP
development regulations/development standards and design
guidelines; or (2) weeks after City provides to Consultant the
City approved transportation study and technical studies and
analyses upon which the UCSP Public Facilities Financing plan
will be based.
Deliverable No.4: Task 3 - Second Screencheck Draft
MEIR and Associated Technical Reports. Due date: Four (4)
weeks* after City provides to Consultant comments on the first
screencheck draft MEIR and associated technical reports, and
complete administrative draft UCSP. (*If substantial revisions
are made to the UCSP development regulations/development
standards and design guidelines subsequent to the submittal of
the first screencheck, then this four week timeframe shall be
extended by at least one week at the discretion of the
Environmental Review Coordinator based upon the extent of the
revisions. )
Two-Party Agreement
October 26, 2004
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Deli verable No.5: Task 4 - Third Screencheck Draft
MEIR and Associated Technical Reports, draft Notice of
Availability, draft Notice of Completion, and draft Mitigation
Monitoring and Reporting Program (MMRP). Due date: Ten (10)
calendar days* after City provides comments to Consultant on the
second screencheck draft MEIR and associated technical reports,
and the public review draft UCSP to Consultant. (*If substantial
revisions are made to the UCSP subsequent to the submittal of
the second screencheck, then this ten day timeframe shall be
extended at the discretion of the Environmental Review
Coordinator based upon the extent of the revisions.)
Deliverable No.6: Task 5 - Public Review Draft MEIR
and MMRP, Technical Appendices, Final Notice of Availability,
and Final Notice of Completion. Due date: Two (2) weeks after
City provides comments to Consultant on the third screencheck
draft MEIR, draft MMRP, Technical Appendices, draft Notice of
Availability, and draft Notice of Completion.
Deliverable No.7: Task 6 Draft Candidate CEQA
Findings and Draft Statement of Overriding Considerations (if
necessary). Due date: Four (4) weeks after the commencement of
the draft MEIR public review period.
Deliverable No.8: Task 7 Draft Responses to
Comments and Associated Revisions to the MEIR. Due date: Two
(2) weeks after the close of the draft MEIR public review
period. If a substantial number of comment letters and/or
comment letters of greater than normal complexity are received,
the Environmental Review Coordinator shall have the discretion
to modify this deliverable's due date accordingly.
Deliverable No.9: Task 7 Final Responses
Comments and Associated Revisions to the MEIR. Due date:
(1) week after City provides comments to Consultant on the
responses to comments and associated revisions to the MEIR.
to
One
draft
Deliverable No. 10: Task 8 Final Candidate CEQA
Findings and Final Statement of Overriding Considerations (if
necessary). Due date: One (1) week after City provides comments
to Consultant on the draft candidate CEQA findings and draft
statement of overriding considerations.
Deliverable
Technical Appendices,
No. 11: Task
and Final MMRP.
9 Final
Due date:
MEIR,
One (1)
Final
week
Two-Party Agreement
October 26, 2004
A-14
after Del i verable No. 9 has been accepted by the Environmental
Review Coordinator.
Deliverable
Checklist. Due date:
MEIR.
No.
Two
12:
(2)
Task 10 Draft Compliance
weeks after certification of the
Deliverable No.
Checklist. Due date: One
to Consultant on the draft
13: Task 10 Final Compliance
(1) week after City provides comments
compliance checklist.
D. Date for completion of all Consultant services:
Completion of all required tasks outlined above in
Paragraph 8, including meetings and consultation, to the
satisfaction of the City's Environmental Review Coordinator,
shall be accomplished no later than June 30, 2005. This
deadline may be extended for no more than six (6) months in the
sole discretion of the City's Environmental Review Coordinator.
9. 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) .
() Errors and Omissions Insurance: $250,000 (not
included in Commercial General Liability coverage) .
10. Materials Required to be Supplied by City to Consultant:
. City-approved CEQA-Ievel transportation study of the
proposed Urban Core Specific Plan
. Technical studies and analyses upon which the Urban Core
Specific Plan Public Facilities Financing plan will be
based
. City-approved Urban Core Specific Plan Area Historical
Context Statement
. City-approved Urban Core Specific Plan Vision Poster
. Proposed Urban Core Specific Plan
Two-Party Agreement
October 26, 2004
A-15
11. Compensation:
A.
(X)
Single Fixed Fee Arrangement.
For performance of all
Consultant as herein required,
in the amounts and at the
Deliverables set forth below:
of
City
times
the Defined Services
shall pay a single fixed
or milestones or for
by
fee
the
Single Fixed Fee Amount: $228,930, payable as follows:
Milestone Amount
Signing of this agreement by all parties $22,893 (10%)
1 and upon the request of the consultant
Submittal of first screencheck draft MEIR $91,571 (40%)
2 and associated technical reports*
Submittal of second screencheck draft MEIR $22,893 (10%)
3 and associated technical
reports
4 Commencement of draft MEIR public review $34,340 (15%)
5 Submittal of final MEIR $34,340 (15%)
6 Completion of all tasks** $22,893 (10%)
Contingency*** $13,570
*For purposes of payment, the first screencheck draft MEIR and
associated technical reports shall completely address and
analyze all issues identified in the detailed scope of work
outlined above in Paragraph 8 to the satisfaction of the
Environmental Review Coordinator. Payment shall not be made
until the City's Environmental Review Coordinator determines
that a complete first screencheck draft MEIR has been submitted.
**Completion of all required tasks to the satisfaction of the
Environmental Review Coordinator.
***The Executive Director or his/her designee in his/her
discretion independently or upon request from the Consultant,
from time to time, may negotiate additional services to be
performed by the Consultant under the 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 a cost of $13,570
and shall be paid on a time and materials basis in accordance
with the hourly billing rates identified in Paragraph 11.C below
Two-Party Agreement
October 26, 2004
A-16
and/ or in
performed
17 below.
accordance with the costs for Additional Services
by the permitted Subconsultant identified in Paragraph
B.
Phased Fixed Fee Arrangement
C.
Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and
Materials Arrangement
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 Defined Services herein
required of Consultant for $ including all
Materials, and other "reimbursables" ("Maximum
Compensation") .
(2) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred
time and materials equal to
("Authorization Limit"), Consultant shall not be
entitled to any additional compensation without
further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant
from providing additional Services at Consultant's own
cost and expense.
Two-Party Agreement
October 26, 2004
A-17
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Principal Charles Bull $145
Senior David Gottfredson $120
Senior Donna Steel $120
Associate Karla Hellestrae $100
Assistant $ 80
GIS $ 65
production $ 55
12. Materials Reimbursement Arrangement
For the cost of out of
Consultant in the performance of
shall pay Consultant at the rates
pocket expenses incurred by
services herein required, City
or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
Reports, not to exceed $
Copies, not to exceed $
Travel, not to exceed $
Printing, not to exceed $
Postage, not to exceed $
Delivery, not to exceed $
Long Distance Telephone Charges,
not to exceed $
Other Actual Identifiable Direct Costs:
not to exceed $
, not to exceed $
13. Contract Administrators:
City: Marilyn R.F. ponseggi, Environmental Review
Coordinator, City of Chula Vista Planning and Building
Department, 276 Fourth Avenue, Chula Vista, CA 91910, (619)
585-5707.
Consultant: Charles S. Bull, President, RECON
Environmental, Inc., 1927 Fifth Avenue, San Diego, CA 92101-
2358, (619) 308-9333.
Two-Party Agreement
October 26, 2004
A-18
14. Liquidated Damages Rate:
$ per day
Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
FPPC Filer
Category No. 1. Investments and sources of
income.
Category No. 2 . Interests in real property.
Category No.3. Investments, interest in
property and sources of income subject to
regulatory, permit or licensing authority of
department.
real
the
the
Category No.
and sources
development,
sale of real
4. Investments in
of income which
construction or the
property.
business entities
engage in land
acquisition or
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.
( ) List "Consultant
property within 2 radial
Associates" interests in real
miles of Project Property, if any:
Two-Party Agreement
October 26, 2004
A-19
16. ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
Archaeos
11209 Golden Birch Way
San Diego, CA 92131
Voice Phone: (858) 549-2181
Fax phone: (858)549-2181
Consultant's permitted subconsultant, Archaeos, shall
perform a minimum of $57,500 in professional project-
related services as a part of the Single Fixed-Fee Amount
of $228,930; these services shall be managed by Ruth C.
Atler, or alternate, comparable personnel with the prior
approval of the City's Environmental Review Coordinator.
Additional Services may include the investigation of
additional buildings beyond the 50 included as part of the
scope of work identified in Paragraph 8.A.III.f above,
performed at an additional cost of $1,150 per building,
with the prior approval of the City's Environmental Review
Coordinator.
18. 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 milestones
Two-Party Agreement
October 26, 2004
A-20
C. City's Account Number: To be assigned after agreement
is processed.
19. Security for Performance
( Performance Bond, $
( Letter of Credit, $
( Other Security:
Type:
Amount: $
() 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, either the following
"Retention Percentage" or "Retention Amount" until the
City determines that the Retention Release Event,
listed below, has occurred:
( ) Retention Percentage: %
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
satisfaction of the City's Environmental
Coordinator
( ) Other:
to the
Review
Two-Party Agreement
October 26, 2004
A-21