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HomeMy WebLinkAbout1991/06/18 Item 22 COUNCIL AGENDA STATEMENT ITEM TITLE: Item~ Meeting Date 6/18/91 Resolution J(,~'O Approving Contract for Services of Contract Pllnner for Ea~:~ Projects and Waiving Bidding Procedure Director of Planning ~ 1 City Managery\ (4/5ths Vote: Yes_No_!.J </ SUBMITTED BY: REVIEWED BY: The Eastlake Development Company will be filing two applications for projects involving the EastLake Village Center and Eastlake Greens. The first project i nvol ves proposed changes to the Eastlake I Pl an to accommodate a Kaiser Permanente hospital complex. A related project involves a community shopping center on the south side of Otay Lakes Road. The second application is within the EastLake Greens development and involves a supplemental density request for 152 dwelling units on four parcels. RECOMMENDATION: That Council approve the attached resolution approving a contract with Bud Gray and Associates to perform contract planning services on the EastLake Vi 11 age Center and EastLake Greens projects, and authori ze the Mayor to execute the contract on behalf of the City Council. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The first application which will be filed by Eastlake Development Company involves an amendment to the EastLake I Village Center Plan (located north of Otay Lakes Road, east of EastLake Parkway) that seeks approval of the proposed Kaiser Permanente Hospital project. This proposed change will necessitate evaluating the various commercial, residential, open space and office land use changes plus assessing the environmental impacts, fiscal impacts as well as traffi c patterns, volumes, access poi nts, and the archi tectura 1 el ements of the proposed project. The Kaiser project contains three phases with a seven story medical office building, two six story hospital buildings plus parking structures for 5,500 cars. Since the Village Center is in the center of the overall EastLake Plan, these land use changes will need to be analyzed from an environmental, transportation, fiscal, architectural and land use perspective. A Sectional Planning Area plan amendment, Conditional Use Permit, Precise Plan and Supplemental EIR will need to be processed by the City. Staff will also review the General Development Plan and the Eastlake I Public Facilities Financing Plan for compliance with the Growth Management Program. A related project in this same area involves a community shopping center proposed south of Otay lakes Road (within EastLake Greens) which 1S functionally related to the EastLake I Village center project in terms of pedestrian and auto accessibil ity as well as scenic highway treatment along Otay Lakes Road. This site is proposed to contain a total of 152,000 square feet of floor area with a grocery store and related neighborhood shopping such as drugstore, cleaners, etc. The precise plan for this site, although less compl i cated, is closely related to the Eastlake I Vi 11 age Center with access ~ ~~-l Page 2, Item Meeting Date 6/18/91 (pedestrian and auto) and design issues to be addressed. The project is subject to Design Review Committee (DRC) approval of the architecture and site planning for the center. It is anticipated that this project will be able to move forward to ORC as soon as the traffic and scenic highway studies are completed. The second application filed by the EastLake Development Company involves considerat i on of the suppl emental density request for four parcel s withi n EastLake Greens (152 extra units). In July 1989, Council approved the EastLake Greens SPA plan for 2,774 dwelling units. An interim zoning designation of 4.5 dwelling units per acre was placed on five parcels within the Greens project. Condit ion No. 77 on the EastLake Greens Tentat i ve Map documented the interim zoning designation and indicated the SPA Plan and Tentat i ve Map woul d be returned to the Pl anni ng Commi ss i on and Ci ty Council for further consideration after the General Plan Committee concluded its revi ew of the Land Use El ement pol i ci es. These pol i ci es recommended by the General Plan Committee have been adopted as part of the General Plan Land Use El ement. The EastLake Golf Course Use Agreement, dated January 22, 1991, indicated that the City would consider the EastLake Greens supplemental density appl ication in the context of the approval of the publ ic use (10 years) of the golf course. A future project related to the second appl ication involves a fifth parcel (R-26, 13.3 acres) (located between future SR 125 and EastLake Parkway) within EastLake Greens which was also designated at 4.5 dwelling units per acre with the approval of the EastLake Greens SPA Plan in July, 1989. This parcel will be re-planned in conjunction with the 160 acre parcel to the south which is currently owned by the Baldwin Company. EastLake and Baldwin are in escrow to swap these two parcel s of land. EastLake has requested deferri ng reconsideration of Parcel R-26 until they prepare a more comprehensive land use plan for both R-26 and the 160 acres to the south. The work program for the two app 1 i cat ions fil ed by EastLake wi 11 be prepared once more detailed information is available. At a minimum, the following plans, studies, permits, etc. will need to be evaluated and/or processed: Aoolication No.1 A. Kaiser Hospital/Village Center Plan 1. EastLake I GDP/SPA Plan Amendment/PFFP 2. EastLake Planned Community Regulations Amendment 3. Supplemental E.I.R./Traffic Study/Fiscal Review 4. EastLake I Village Center Precise Plan/Design Review 5. Tentative Subdivision Map/Parcel Map B. Community Shopping Center 1. Community Shopping Center Precise Plan/Landscape Plan 2. Traffic Thresholds/Access/Pedestrian Access 3. CEQA Requirements J'- -, Page 3, Item Meeting Date 6/18/91 Aoolication No. 2 - EastLake Greens Suoolemental Densitv Reouest (Four Parcels): 1. EastLake II General Development Plan Amendment 2. EastLake Greens SPA Plan/PFFP Amendment 3. EastLake Greens Planned Community District Regulations Amendment 4. CEQA Requirements 5. Design Review The EastLake Development Company and Kai ser Permanente have i ndi cated thei r desire to move forward as quickly as possible to obtain City Council consideration of these proposals. Therefore, staff is proposing the use of a contract pl anner to serve as project manager and to conduct the analysi sand evaluation work related to the Planning Department's review as well as coordinating other City department inputs to the planning process. Staff is recommending that Bud Gray and Associates be retained to perform contract planning services on this project. Mr. Gray has performed in this capacity in the review of several other EastLake plans, including EastLake I, EastLake Greens, and EastLake II I/Olympi c Trai ni ng Center. Gi ven Mr. Gray's extensive knowledge and experience on this project, and the desirability of initiating these reviews as soon as possible, staff recommends that competitive bidding requirements on this contract be waived, pursuant to Section 2.56.070 of the Municipal Code. The consultant would be compensated on an hourly basis, in an amount not to exceed $60,000. Staff would also plan to hire an environmental consulting firm to prepare the environmental reports plus an architect to assist staff in evaluating the design and site plan of the Kaiser Hospital project. A traffic analysis and fiscal impact analysis would be included as part of the process. FISCAL IMPACT: None. The appl icant will pay all City costs on a full cost recovery bas is. WPC 9408P cR~-3 AGREEMENT WITH BUD GRAY AND ASSOCIATES FOR CONTRACT PlANNING SERVICES WITH REGARD TO THE EASTlAKE I VILLAGE CENTER AND EASTLAKE GREENS PROJECTS This Agreement is made this 18th day of June 1991, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, Bud Gray, an individual doing business as Bud Gray and Associates, a professional planning consulting ("Consultant"); and the EastLake Development Company, ("Applicant"), a California limited Partnership, (an applicant for various discretionary approvals in conjunction with the EastLake I Village Center and EastLake Greens Projects) and is made with reference to the following facts: RECITALS Whereas, the property whi ch is the subject of thi s Consultant's analysis as required in this Agreement is a 91.4! acre parcel generally located northerly of Otay Lakes Road, westerly of the upper Otay Reservoir, withi n the EastLake I Vi 11 age Center and four parcel s contai ni ng 27.4 acres located wi thi n the EastLake Greens project as shown on the map attached and hereto as Exhibit A ("Subject Site"); and, Whereas, Appl icant has made appl ications ("Appl ications") to City for vari ous pl anni ng and devel opment approval s necessary to develop the 91. 4 acre site with a 32 acre Kaiser Hospital complex; a community shopping center; and the 27.4 acre parcels with an additional 152 dwelling units; ("Project"); and, Whereas, it is appropri ate that the App 1 i cant bears the cost of consultant's services; NOW, THEREFORE, BE IT RESOLVED that the City, Consultant, and Applicant do hereby mutually agree as follows: 1. Consultant's Duties a. General Duties The Consultant's obligation is to provide any and all project management and pl anning consultant services as same may be requested of Consultant by the City, by and through its City Manager, or his designee relative to the Project. b. Scope of Work Duties The Consultant's duties i ncl ude but are not 1 imited to providing those services set forth in the Scope of Work, attached hereto as Exhibit A and to prepare any related documents for use by the City in connection with their study ("Work Product"). In the process of providing Services, Consultant shall help to coordinate and expedite, subject to the JJ:-1 concurrence of the City's Representative, the various departments of the City and other governmental agencies as may be necessary in order to accomplish the required review of Applications in an expeditious manner avoiding unnecessary delays and duplications of work. c. Standard of Care Consultant in performing any services under this Agreement, whether Defined Services or Additional Services, shall be performed 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. d. Additional Special Assignments. In addition to the foregoing obligations of Consultant, Consultant shall negotiate, subject to the review and approval of City's Representative, with Appl icant a schedule for the preparation and processing of Applications, setting forth therein expected hearing dates. e. Insurance Consultant represents that it and its agents, staff and consultants employed by it are protected by worker's compensation insurance and the Consultant has the coverage under public liability and property damage insurance pol icies which this Agreement requires to be demonstrated in the form of a Certificate of Insurance. Consultant will provide, prior to the commencement of the services required under this agreement the following Certificates of Insurance to the City prior to beginning work: Statutory Worker's Compensat i on coverage pl us $1,000,000 Employees liability coverage. General and Automobile Liability coverage to $1,000,000 combined single limit 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 publ ic ("cross-l iabil ity coverage"). All policies shall be issued by a carrier that has a Best's Rating of "A, Class V", or better, or shall meet the approval of the City's Risk Manager. All pol icies shall provide that same may not be cancelled without at least thirty (30) days written notice to the City. All of the obligations of Consultant herein in this Section 1 contained shall be referred to as "Services". -2- ~A-5 2. Term. The Consultant shall commence the prOVl s 1 on of Servi ces effective when last signed by all parties hereto, and unless otherwise sooner terminated by the terms of this agreement, shall remain obl igated to provide said Services until July 1, 1992, or when the amount of the Required Deposit is exhausted, whichever is later ("Term"). 3. City's Representative for Administration of Agreement. In the absence of further designation, the Director of Planning is hereby designated as the City Manager's designee (City's Representative"). 4. Reporting Responsibility of Consultant. Consultant shall work for, be responsible to, and report solely by and through City's Representative. Consultant does not work responsible to, and shall not be required to report to, the to the City, for, is not Applicant. Applicant's Duty and Responsibility. a. Duty to Pay for Consultant. Applicant shall be solely responsible to City for all of the costs of Consultant which Ci ty is or may become obl igated to pay to Consultant by the terms of this Agreement as same may be, from time-to-time amended, and Applicant shall promptly pay same plus 7% of same to City at or prior to the time City is obligated to pay some to Consultant. 5. In regard to that duty, and as a mechanism for implementing same, Applicant shall periodically deposit with City a sum determi ned by the Di rector of Pl anni ng; and hereby authori zes Ci ty to draw upon said deposit in order to meet Applicant's payment obligations under this agreement. b. In addition to any other remedies which City may have for breach of th is Agreement, breach of th is Agreement, breach of th is Agreement by Applicant in any manner, including but not limited to the failure of App 1 i cant for any reason to depos it funds on demand shall be grounds for the refusal of City and/or Consultant, and City and/or Consultant is hereby authorized to refuse, to continue processing the EastLake I Village Center and EastLake Greens projects. c. Duty of Cooperation. In addition to the aforementioned duties, Applicant shall provi de project i nformat i on as may be otherwi se requi red by Consultant to fully and adequately provide the Services. -3- 0.,... t:, 6. Duties of the City: a. Consultation and Cooperation. Ci ty shall regularly confer with the Consultant for the purpose of reviewing the progress of the del ivery of Services and to provide direction and guidance to the Consultant. b. Compensation. The compensation to be paid by City to Consultant for Services shall be on a time and materials basis at the hourly billing rate of $100 per hour for each productive hour worked; however, Consultant agrees to perform all of the Services and deliver all of the Work Product herein requ ired, and in the manner of the deta 11 ed scope of work set forth in the attached Exhibit A, for not-to-exceed SIXTY THOUSAND DOLLARS ($60,000). c. Compensation for Consultant Services shall be paid on monthly basis 30 days after receipt of Consultant's due and proper billing. d. City may from time to time reduce the Scope of Work by the Consultant to be performed under this Agreement. City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the Maximum Fee associated with said reduction. 7. Financial Interest of Consultant: Consultant warrants and represents that neither he, nor hi s immediate family members, nor his employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in Applicant, or any partner or partnership of Applicant, or shareholder of Applicant, or in any person, firm or entity doing business with Applicant, or with any partner or partnership of Applicant, or in the property which is the subject matter of the Project, or in any property within ten (10) radial miles from the exteri or boundari es of the property whi ch is the subject matter of the Project, or ("Prohibited Interest"), except as noted in Exhibit B. Consultant further warrants and represents that nei ther Consultant nor Consultant Associates are or have been, employed by Applicant, and that no promise of future employment, remuneration, consideration, gratui ty or other award or gain has been made to Consultant or Consultant Associ ates. Consultant promi ses to advi se City of any such promi se that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that neither Consultant nor his immediate family members, nor his employees or agents, shall acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. -4- A'-'- "1 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. 8. Hold Harmless Consultant shall defend, indemnify 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) ari sing out of the conduct of the Consultant, or any agency or employees, subcontractors, or others in connect i on with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and 1 iabil ity incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought agai nst the City, its offi cers, agents or employees. Consultant's indemnification of City shall not be limited by any prior or subsequent declaration by Consultant. 9. Termination of Agreement for Cause: If, through any cause within Consultant's control, Consultant shall fail to fulfill in a timely manner and proper manner its obligations under thi s Agreement, or if Consultant shall vi olate any of the covenants, agreements or st i pulat ions of thi s 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, less any damages to which the City may have been put by the breach, default or violation of Consultant. 10. Termination of Agreement of Convenience of City: City may terminate this Agreement at any time and for any reason for 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 unfi ni shed documents and other materi a 1 s descri bed in herei nabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is termi nated by Ci ty as provided in thi s paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the -5- Jl" -9' effect i ve date of such termi nat ion. Consultant hereby expressly wai ves any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Termination of Agreement for Withdrawal of Project: Applicant shall have the right to terminate this Agreement for withdrawal of Applications, by giving written notice to Consultant and City of such termination and specifying the effective date hereof at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, and 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 ent i tl ed to receive just and equitable compensation for any work satisfactorily completed on such documents and other materi a 1 s up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder. 12. Assignability: The services of Consultant are personal to the City and Applicant, 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 and Appl icant except as outlined in the attached scope of work. 13. Ownership, Publication, Reproduction and Use of Material: All reports, studies, information, data, statistics, forms, design, 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 consent of City. City shall have the unrestricted authority to publish, disclose 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, studi es, data, statistics, forms or other materi a 1 s or propert i es produced under thi s Agreement. City shall provide a copy of all such documents herein referenced to the Applicant. 14. 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, workers compensation benefits, injury leave or other leave benefits. -6- Jl-9 15. Responsible Charge: Consultant shall assign a project manager to project for the duration of the project. No substitution for this position shall be allowed without written approval from the City. The project manager for this project shall be Bud Gray. 16. 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 fi 1 ed wi th the Ci ty of Chul a Vi sta and acted upon by the Ci ty of Chul a Vista 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. Upon request by City, Consultant shall meet and confer in good fa ith wi th city for the purpose of reso 1 vi ng any dispute over the terms of this Agreement. 17. Attorney's Fees: Should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 18. Statement of Costs: In the event that Consultant prepares a report or document, or part ici pates in the preparat i on of report or document as a result of the scope-of-work required by Consultant, Consultant shall include, or cause the inclusion, in said report or document a statement of the numbers and cost in doll ar amounts of all contracts and subcontracts relating to the preparat i on of the report or document. WPC 9410P -7- J.J - II) SIGNATURE PAGE TO AGREEMENT WITH BUD GRAY AND ASSOCIATES FOR PlANNING CONSULTANT SERVICES WITH REGARD TO THE EASTlAKE I VILLAGE CENTER PROJECT IN WITNESS WHEREOF, City, Appl i cant, and Consultant have executed this Contract for Planning Services Agreement this 18th day of June 1991. CITY OF CHULA VISTA BUD GRAY & ASSOCIATES BY: BY: Tim Nader, Mayor City of Chula Vista Bud Gray, President ATTEST: EAST LAKE DEVELOPMENT COMPANY BY: BY: Beverly Authelet City Clerk Kent Aden, Vice President of Community Development APPROVED AS TO FORM: Bruce M. Boogaard Applicant City Attorney Exhibit A: Detailed Scope of Work Exhibit B: Disclosure WPC 9410P -8- JJ..- II EXHIBIT A A. SCOPE OF WORK Critical review, evaluation, analysis, and report with respect to the Applicant's request including, but not limited to the following: 1. EastLake I Village Center Project: a. Review and report on prior City Council actions regarding EastLake I GDP/SPA Plan, Public Facilities Financing Plan, Planned Community District Regulations and Design Guidelines for the Village Center. b. Review and report on Growth Management Program and Implementation Ordinance requirements. c. Review and report on approved tentative subdivision map conditions applied to EastLake I and EastLake Greens with respect to the Village Center. d. Revi ews, eva 1 uat i on, staff reports, and project management as may be requested by the Director of Planning which the City must carry out in order to approve, deny or conditionally approve Appl icant' s appl ication for a GDP/SPA Plan Amendment, Public Facilities Financing Plan Amendment, Precise Plan, Conditional Use Permit, Supplemental EIR, Growth Management Compliance, and other entitlements. 2. EastLake Greens Supplemental Density Project: a. Review and report on prior City Council actions regarding EastLake II General Development Plan, and EastLake Greens SPA Plan, Planned Community District Regulations and Design Guidelines. b. Review and report on EastLake Greens Publ ic Facil ities Finance Plan and Development Agreement. c. Review and report on approved tentative subdivision map conditions appl ied to EastLake Greens with respect to subject four parcels. d. Revi ews, eva 1 uat i on, and staff reports as may be requested by the Director of Planning which the City must consider in order to approve, deny, or conditionally approve Applicant's appl ication for an EastLake II General Development Plan Amendment, EastLake Greens, SPA Plan Amendment, Planned Community District Regulations Amendment and other entitlements. Consultant shall perform the scope of work described hereinabove and in doing so shall review, analyze, critique, and make recommendations regarding the various discretionary approvals to the Director of Planning, or his designee, sought by the Applicant. WPC 9410P -9- JJ. )" EXHIBIT A General Development Plan ,.... RESIDENTIAL 101M 1MO USE ACl'lES OO/"C lHTS c:::IJ Low 24;.. 0-3 '" ~ LOW/~ 3"9.3 ,... 1833 E;j-.n 238.6 ..." 19150 .... .......","'" 1205 11-18 1e80 ~"'" 8a! 1&-27 . 1672 Sl,b-TOlal 10257 1634 NON-RESIDENTIAL L.N() l.IiIE ACRES I c~ i ~.- -, ~::: _ M'rr'iiatr.tlve ~ ~::"~.c~ 132" r-o---l 0I:>en be. 1830 I PO i Pl..t::k/QuaIi-P'l.i:*:: 103:3 ~ Pnl l RIcr-*'" 298.. ~ MajorCi'<:Ulltion 211.15 ....local 818.2 ~ F\AA lit:wI 74.2 FU ..-.............. 1..7" Ptoject TatIY 2099.1 Ie 1834 au . c...a"'.,. CI\YfC" '.1. . ~ fASTLAKE A PlANNED COMMUNITY BY EASTLAKE DEVELOPMENT Co. m Cinti U & ~..=lles ~,..~ O.I.J/2~lnl ~ H-: JJ.. 13 EXHIBIT B PROPERTY OWNED: 1. Personal residence at 5647 Dorothy Way, San Diego, CA 92115 2. Two-bedroom condominium located at 1260-C Cleveland Street, #127, San Diego, CA 92103 WPC 9410P -10- oJ; -/L{ RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTRACT FOR SERVICES OF BUD GRAY AS CONTRAcr PLANNER FOR EASTLAKE I AND EASTLAKE GREENS VILLAGE CENTER AND EASTLAKE GREENS RESIDENTIAL PROJEcrS, WAIVING BID REQUIREMENTS, AND AUTHORIZING THE MAYOR ro EXECUTE SAID O)NTRAcr The City Council of the city of Chula Vista does hereby resolve as follows: WHEREAS, the Eastlake Development Company has filed application with the City of Chula vista for certain discretionary permit approvals for the Eastlake I and Eastlake Greens Village Center involving a regional Kaiser Permanente Hospital complex, community shopping center and a supplemental density request for 152 dwelling units on four parcels within the Eastlake Greens development; and WHEREAS, the Planning Department staff availability due to other workload requirements is not sufficient to process said application in a timely manner; and WHEREAS, the critical evaluation of the requested discretionary planning permits will require extensive background knowledge of these large scale projects as well as the City of Chula Vista's General Plan, zoning and Growth Management policies; and WHEREAS, the City has previously retained Mr. Gray to provide planning services in the evaluation and processing of the Eastlake I, II and III plans as well as project Coordinator for the General Plan Update and the Growth Management Program; and WHEREAS, due to the combination of Mr. Gray's knowledge of the Eastlake development as well as his extensive experience in working with the City of Chula Vista's General Plan and the Growth Management Program and the applicant's expressed desire for "fast tracking" said project, the Council hereby finds and declares that competitive bidding is impractical for purposes of selecting a contract planner for this particular project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the contract between the City of Chula Vista and Bud Gray, for his services as a contract planner in the Planning Department, known as document number , a copy of which is on file in the office of the City Clerk. Presented by of Chula vista is and on behalf of BE IT FURTHER RESOLVED that the Mayor hereby authorized and directed to execute said the City. M~~ o<mb Robert A. Leiter Director of Planning WPC 9420P Bruce M. Boogaa City Attorney ~p. - I.S