HomeMy WebLinkAboutReso 2009-159RESOLUTION NO. 2009-159
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ATTORNEY'S
OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO
ASSIST IN THE LEGAL WORK FOR THE UNIVERSITY
VILLAGES/[JNIVERSITY AND REGIONAL TECHNOLOGY
PARK PROJECT, AND AUTHORIZING THE CITY
ATTORNEY TO ENTER INTO THE REQUISITE LEGAL
SERVICES AGREEMENTS AND ANY AMENDMENTS
THERETO
WHEREAS, in April and May of 2008, the City of Chula Vista (City) entered into two
separate Land Offer Agreements (LOAs) with two sepazate landowners/developers (Developers)
in order to secure land for a University and Regional Technology Park which is envisioned in the
Chula Vista General Plan; and
WHEREAS, the LOAs generally provide each Developer the opportunity to develop a
maximum of 13,400 dwelling units combined between both ownerships (referred to collectively
as the "University Villages Project" or "Project") in exchange for approximately 210 acres of
land being conveyed to the City by the Developers for the City's use in ultimately implementing
the University and Regional Technology Park; and
WHEREAS, to achieve completion of the University Villages Project and receive the
final conveyance of the 210 acres for the University and Regional Technology Park, the City
must concurrently process a significant number of development applications, including: 1) a
General Plan Amendment (GPA); 2) an Otay Ranch General Development Plan Amendment
(GDPA) for both Developers; 3) four Sectional Planning Area (SPA) Plans; 5) five Tentative
Maps for the remaining Otay Ranch Villages (Villages 3, 4, 8, 9 and 10); and 6) five
Environmental Impact Reports (EIRs) (referred to collectively as the "Project Entitlements");
and
WHEREAS, pursuant to the LOAs the Project Entitlements must be completed within a
strict 24-month time period; and
WHEREAS, extensive legal work will be required on all aspects of processing the
University Villages Project; and
WHEREAS, although the City Attorney's office has the requisite expertise to process the
Project Entitlements, the City Attomey's office currently does not possess an appropriate level of
staffing to perform this work along with all of the other work that the City Attorney's office
processes for the City and its various departments; and
Resolution No. 2009-159
Page 2
WHEREAS, the City Attorney's office contacted several legal firms and asked that they
submit a Statement of Qualifications (SOQ) for review for selecting a legal firm to assist the City
Attorney's office in working on the University Villages Project; and
WHEREAS, six highly qualified law firms submitted SOQ's; and
WHEREAS, two important factors that were reviewed in coming to a decision on which
law firm to retain were estimated costs to timely complete processing of the Project and
familiazity with the Project; and
WHEREAS, after reviewing all six firms qualifications, the estimated costs to timely
complete processing of the Project, the firms familiarity with the Project, and interviewing the
firms, it was determined that Norton, Moore, Adams, LLP will provide invaluable historical
knowledge of the Otay Ranch and the Project; has extensive knowledge of the City's unique
planning process; and has built successful relationships with City staff and the Project
Developers; all of which will add to the timely completion of the Project; and
WHEREAS, even though Norton, Moore, Adams, LLP ranked third concerning estimated
Projects costs, their extensive experience with the City, the Otay Ranch and the Project
outweighs the minimal hourly cost estimate differences as compared to the other firms; and
WHEREAS, after preliminary review the City Council hereby finds and declazes that the
proposed action is not a project pursuant to the California Environmental Quality Act (CEQA),
California Public Resources Code Section 21000 et seq. and the State CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, Section 15378(b)(5).
The City Council further finds and declazes that, with certainty, there is no possibility that the
proposed activity in question will have a significant effect on the environment because the
proposed action includes only organizational or administrative activities. The City Council
further finds and declares that the underlying discretionary projects that aze the subject matter of
this action will include environmental review. Therefore, based on the foregoing Findings, the
proposed action is not subject to environmental review.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby authorizes the City Attorney's office to retain Norton, Moore, Adams, LLP to assist
in the legal work for the University Villages Project and authorizes the City Attorney, or his
designee, to enter into the requisite legal services agreements and any future amendments to the
legal services agreements.
Presented by
Bart C. Miesfe]
City Attorne
Approved as to form by
~GG~ <"
B C. Miesfel
City Attom
Resolution No. 2009-159
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of June 2009 by the following vote:
AYES:
NAYS:
ABSENT:
Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox
Councilmembers: None
Councilmembers: None
,~
Cheryl Cox, ~ay r
ATTEST:
r l'.~ J~ _ ~~t~1~~4.,a
Donna R. Norri"s, CI~V C, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-159 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 23rd day of June 2009.
Executed this 23rd day of June 2009.
Donna R. Norris, CMC, City Clerk