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HomeMy WebLinkAboutReso 1981-10598 RESOLU'I'ION NO. 10598 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUIA VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHUIA VISTA AND BUD GRAY, CONTRACT PLANNER, FOR THE PERFORMANCE OF CERTAIN CITY AND REGIONAL PLANNING ASSIGNHENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the Ci ty of Chula Vista does here~ resolve as follows: NCM, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreanent between THE CITY OF CHUIA VISTA, a municipal corporation, and BUD GRAY, Contract Planner, for the performance of certain city and regional planning assignments for a period of 18 months commencing September 1, 1981 dated the 6th day of August , 19J!l..., a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is here~ approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is here~ authorized and directed to execute said agreanent for and on behalf of the City of Chula Vista. Presented by Approved as to form by (/A .~ D~lc:::r-~O)\j\;\l\.-~ /'3' D. J. rson, Director of George D. Lindberg, City Attorney Planning ADOPTED AND APPROVED CHULA VISTA, CALIFORNIA, this 198-1-, by the following vote, by the CITY 18th day of to-wi t: COUNCIL of the CITY OF August AYES: Councilmen Scott, Hyde, Gi11ow, Cox, McCAnd1iss NAYES: Councilmen None ABSENT: Councilmen None CJd..o. 't ~ tA . ~ ~ Mayor of the City of Chula ATTE _~"'~_ @--=,,~ Ci ty Cl rk t:7 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHUIA VISTA) Vista I, , City Cler'k of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED-.- City Clerk , Form No. 342 Rev. 7/81 CONTRACT FOR CITY PLANNING AND GENERAL PLAN WORK THIS CONTRACT for City Planning and General Plan work is entered into and is effective as of this First day of September, 1981, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City" and MR. BUD GRAY herei na fter ca 11 ed "Contract Pl a nner. " NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1 . SCOPE OF PROJECT In the performance of the duties and responsibilities set forth in this agreement, the Contract Planner shall act strictly in a professional planning capacity as an independent contractor for all purposes and in all situations and shall not be considered an employee of the City of Chula Vista. The Contract Planner acknowledges tSlat he is not an employee of the City of Chula Vista, and said City is not obligated nor charged with the responsibility of withholding income taxes from any payments due the Contract Planner nor is the City obligated to pay social security taxes, nor F.I.C.A. taxes upon or for the Contract Planner. The Contract Planner reserves full control of his activities as to the manner and selection of methods with respect to rendering his professional planning services to the City of Chula Vista. The report and recommendations prepared by the Contract Planner shall be subject to the review and approval of the Director of Planning and all such reports shall become the property of the City of Chula Vista. The Contract Planner agrees to perform his activities upon the City's premises at a designated office in the Planning Department, 276 Fourth Avenue, Chula Vista, California. 2. MINIMUM AMOUNT OF SERVICE The Contract Planner shall devote a minimum of 140 hours per month to the City of Chula Vista and shall arrange his schedule so as to be present at all Planning Comnission and City Council meetings where his work will be discussed R -!(JS,? I -1- unless approval for absence is obtained from the Director of Planning. Such Planning Corrrnission and City Council meeting time shall count toward the minimum 140 hours/month. The Contract Planner may represent, perform services for, and be employed by such additional clients, persons, or companies to the extent that such employment does not interfere with the satisfactory performance of the work described herein. 3. PERIOD OF SERVICE The Contract Planner shall perform and complete the following professional services during the contractual period, which shall commence on September 1, 1981, and terminate eighteen months later on February 1,1983. 4. SCOPE OF SPECIFIC SERVICES TO BE RENDERED a. Preparation of a Comprehensive Amendment to the Residential Density Standards and Ranges of the Chula Vista General Plan. The Contract Planner shall perform those studies and field surveys which are prerequisite to the development of optimum gross density standards and ranges for the Chula Vista Planning Area. The Contract Planner shall prepare a report, within which these optimum standards and ranges are proposed for review and approval by the Environmental Review Committee, City Planning Commission, and City Council. All publiShed studies, reports, and agenda statements required for the adoption of the Contract Planner's residential density proposals shall be prepared by the Contract Planner, and shall be presented at public meetings and study sessions thereby. b. Application of Residential Ranges To Developed Areas. Subsequent to the Director of Planning's acceptance of the Contract Planner's proposed gross residential densi~ standards and ranges, the Contract Planner shall prepare a draft plan for the application of such standards and ranges to the existing urban pattern of Chula Vista and neighboring unincorporated areas. In connection with the performance of this work, the Contract Planner shall be obligated to attend ~#m -2- all meetings of the Planning Commission and City Council at which his recommenda- tion will be considered unless approval for absence is given by the Director of Planni ng. c. Within the existing "Agriculture and Reserve" territories and those territories east of Corral Canyon Road which carry designations of "Residential 1-3 DU/Acre" and "Residential 4-12 DU/Acre," the Contract Planner shall study the long-range, general and comprehensive need to allocate lands for residential, commercial, industrial, public service, recreation, open space, agriculture, and circulation purposes, and shall prepare a draft plan for the accommodation of such. This charge, in essence, will require the Contract Planner to formulate draft goals, objectives, and policies for the ultimate expansion of Chula Vista's urban pattern over an area of more than 20,000 acres. These tasks will require the Contract Planner to prepare draft textual and graphics amendments to the Chula Vista General Plan, and to initiate such, through written reports and agenda statements, to the Environmental Review Committee, City Planning Commission, and City Council. It will also require oral presentations by the Contract Planner at meetings, conferences, and workshops. In connection with the performance of this work the Contract Planner shall be obligated to attend all meetings of the Planning Commission and City Council at which his recommenda- tions will be considered unless approval for absence is given by the Director of Planning. These tasks will, furthermore, entail the Contract Planner's coordination with the line and staff departments of the City of Chula Vista, County of San Diego, SANDAG, City of San Diego, and other governmental agencies. The Contract Planner shall also meet and confer with private and public landowners, groups of interested and concerned citizens, and officials of special districts as appro- priate. tf-/tJ:Jfj' -3- 5. DOCUMENTATION OF WORK The Contract Planner shall include in the appendix of the reports required by this contract a complete list of studies undertaken, sources utilized, and persons, agencies and groups involved in the project and subprojects. Where proposals are predicated upon other works, proposals, or concepts, references shall be cited and credited. 6. ALTERNATIVE AND OPTIONAL PROPOSALS. The Contract Planner shall, where such is practicable, submit alternative or optional recommendations and proposals, and his evaluation of their relative merits. 7. TIME SCHEDULE FOR COMPLETION OF TASKS The services presented under this contract shall be completed in accordance is authorized to extend any of the completion Planning of the Ci~f Chula Vista dates ,"y a ma)dlfl~l" af 1S E1a:(5, where with the following schedule. The Director of said Director finds that delays in completion are based upon unusual circumstances which lie beyond the control of the Contract Planner. f!"oject Date Preparation of more precise densities for the General Plan Februa ry 1, 1 982 residential land use categories and draft land use plan for already urbanized areas and acceptance of same by the Direc- tor of Planning. Presentation of draft land use plan amendments to the Ap ri 1 1, 1982 Planning Commission and City Council. Preparation of amendments to the General Plan map and text September 1, 1982 for that area easterly of the existing city 1 imits presently shown on the City of Chula Vista General Plan and acceptance of same by the Director of Planning. f(-/Cj-'lf -4- Presentation of draft plan amendments to the Planning January 15, 1983 Commission and City Council. 8. CITY RESPONSIBILITIES a. The Contract Planner shall coordinate his activities with the Principal Planner of the Advance Planning Division, who shall, at the expense of the City, assign technical and professional personnel to the service of the Contract Planner to assist in completing the projects specified in paragraph 4. Such coordination shall include regular consultation for the purpose of monitoring and assessing progress, and to formulate indicated pl'ogram changes so as to more effectively achieve the program objectives as formulated in paragraph 4 a, band c. b. The City shall provide the following to the Contract Planner at the City's own expense: 1. Clerical services. 2. Office space and meeting, drafting, and filing facilities. 3. Office supplies, drafting materials, and printing and duplicating supplies and services. 4. Maps, topographic information, aerial photographs, and other docu- ments which the City has at hand, or can acquire at a reasonable cos t. 5. City vehicle or mileage reimbursement at $.30 per mile. c. The responsibility for preparing and processing environmental review documents shall rest with the City but the Contract Planner shall cooperate and assist City staff members in this process. The Contract Planner shall not be held responsible for delays in meeting the schedule attributable to the environ- mental review process. 9. COMPENSATION In consideration of the satisfactory performance of the Contract Planner, the City of Chula Vista agrees to reimburse the Contract Planner in the amount Ii'- /tlstJl -5- of $54,000 for the 18 month contract in accordance with the following schedule: a. The Contract Planner shall be paid the sum of $3,000 per month, due and payable on the first of each month, for the services pursuant to this agreement. Provided, however, that $5,000 shall be withheld from the first three months payment until completion of the work to the satisfaction of the Director of Plan- ning. Such $5,000 shall be deposited in an interesting bearing account with principal and interest to be paid to the Contract Planner upon satisfactory completion of the work. 10. LIABILITY With regard to the services to be performed by the Contract Planner pursuant to the terms of this agreement, the Contract Planner shall not be liable to the City of Chula Vista (City), or to anyone who may claim any right due to his rela- tionship with the City, for any acts or omissions in the performance of said services on the part of the Contract Planner; except when said acts or omissions of the Contract Planner are due to his wilful misconduct. The City shall hold the Contract Planner free and harmless from any obligations, costs, claims, judgments, attorneys' fees, and attachments arising from or growing out of the services rendered to the City pursuant to the terms of this agreement or in any way connected with the rendering of said services, except when the same shall arise due to the wilful misconduct of the Contract Planner and the Contract Planner is adjudged to be guilty of wilful misconduct by a court of competent jurisdiction. 11. TERMINATION The City shall have the right to suspend or abandon the project in whole or in part at any time, and the Ciid'.shall have the right to terminate this agree- ~~c:."""-L ~ men~ at any time upon 30 days written notice without any liability to the Contract Planner, except the Contract Planner shall be paid all salary due up to the time of suspension of the project. including the withheld $5,000 plus a ff - /05'tJrf -6- lump sum of $6,000. Upon termination, all documents prepared under this agree- ment by the Contract Planner shall be forthwith transmitted to the City and they shall be the sole property of the City. 12. SUCCESSORS AND ASSIGNS It is understood and agreed that this agreement shall be binding upon the City and its successors and upon the Contract Planner. Neither this agreement nor any part thereof, nor any monies due or to become due thereunder, may be assigned by the Contract Planner without the consent and approval of the City. 13. AMENDMENT This agreement may be amended at any time by mutual consent. Dated: ~~/~$/ c1drrft7 w>> ~ Mayor, City of Chula Ii - /(F;9l -7- FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND BUD GRAY, CONTRACT PLANNER, FOR THE PERFORMANCE OF CERTAIN CITY AND REGIONAL PLANNING ASSIGNMENTS (Resolution No. 10598 adopted and approved on August 18, 1981.) This Amendment to the agreement between the City of Chula Vista and Bud Gray, Contract Planner, is entered into and is effective as of 4th day of May, 1982. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. SCOPE OF AMENDMENT The City of Chula Vista desires to amend and extend the Agreement between City of Chula Vista and Bud Gray, Contract Planner, for the purpose of obtaining Bud Gray's services as Acting Planning Director. 2. TERMINATION OF AMENDMENT This amendment shall terminate when the City of Chula Vista employs a permanent Director of Planning or a maximum of six (6) months, whichever occurs first. Thereafter, the original agreement shall be reinstated. 3. EFFECT OF AMENDMENT ON ORIGINAL AGREEMENT All of the provisions of the original agreement shall remain in full force and effect except as amended by the following: a. The duties of the Acting Planning Director shall be as specified in the City of Chula Vista Job Specification for the Director of Planning classification. b. The Acting Planning Director shall be compensated $3,300 per month. c. Eighty (80%) per cent of the monies retained by the City from the Contract Planner's fees between September 1, 1981 and December 1, 1981 shall be paid, including interest, on March 1, 1983. d. The original agreement termination date is hereby corrected to read March 1, 1983 and said original contract period is extended pursuant to this amendment. R-10859 -1- IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement between the City of Chula Vista and Bud Gray, Contract Planner. THE CITY OF CHULA VISTA 4. j)~ Mayo r Approved as to form by CONTRACT PLANNER BUD;6~ /)7 ~ -2-