HomeMy WebLinkAboutReso 2009-130RESOLUTION N0.2009-130
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FIRST AMENDMENT TO A
FOUR-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, HELIX ENVIRONMENTAL PLANNING, INC.
(CONSULTANT), AND MCMILLIN OTAY RANCH, LLC AND
OTAY PROJECT, LP (APPLICANTS), FOR CONSULTING
SERVICES RELATED TO CONDUCTING ADDITIONAL
MITIGATION MONITORING SERVICES FOR OLYMPIC
PARKWAY, BETWEEN BRANDYWINE AVENUE AND SR-
125
WHEREAS, on April 13, 1999, the City Council of the City of Chula Vista certified
Mitigated Negative Declaration No. IS-99-20 and adopted the accompanying Mitigation
Monitoring and Reporting Program (MMRP) for the Olympic Parkway Extension; and
WHEREAS, the implementation of the MMRP necessitated the expertise of an
Environmental Monitor Specialist (Biologist) and required the hiring of a Consultant; and
WHEREAS, the Environmental Review Coordinator, in accordance with procedures set
forth in the Environmental Review Procedures, negotiated the details of a contract with Helix
Environmental Planning, lnc., a consultant, to provide mitigation monitoring services in an
amount not to exceed $97,400; and
WHEREAS, on August 13, 2002 the City Council of the City of Chula Vista waived the
City's formal bidding process and approved afour-party agreement between the City of Chula
Vista, Helix Environmental Planning, Inc., Consultant, and McMillin Otay Ranch, LLC and Otay
Project, LP, Applicants, to conduct mitigation monitoring services for Olympic Pazkway
between Brandywine Avenue and SR-125; and
WHEREAS, Applicant deposited the necessary funds ($97,400) for the four-party
agreement to conduct mitigation monitoring services; and
WHEREAS, the parties determined that it was necessary and appropriate to amend the
original agreement to compensate for: 1) additional maintenance monitoring and associated
tasks that were required; 2) preparation of aquatic sampling protocol and sampling more
locations than originally proposed by the Regional Water Quality Control Boazd; and 3) biologist
time for management and meetings to assist with project sign-off; and
WHEREAS, Applicant has deposited or will deposit additional funds necessary ($27,345)
for additional mitigation monitoring services, as specified by the first amendment to the four-
parry agreement.
Resolution No. 2009-130
Page 2
NOVJ, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a first amendment to a four-party agreement between the City of
Chula Vista, Helix Environmental Planning, Inc., Consultant, and McMillin Otay Ranch, LLC
and Otay Project, LP, Applicants, to conduct additional mitigation monitoring services for
Olympic Pazkway between Brandywine Avenue and SR-125.
Presented by
a
Gary Y'Ialbert~.E~, UAICP `"
Deputy City anager/Development Services
Director
Approved as to form by
-' i/ G
C. Miesfeld
Attorney ,•
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of June 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox ayor
ATTEST:
~f' oyt.ttia ~ / 1 oitiSe~o
Donna R. Noms, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-130 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Counci] held on the 9th day of June 2009.
Executed this 9th day of June 2009. ~~ //''
Donna R. Norris, CMC, City Clerk