HomeMy WebLinkAboutReso 2010-061RESOLUTION NO. 2010-061
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS
AND APPROVING A THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, PBS&J
(CONSULTANT), AND OTAY LAND COMPANY LLC
(APPLICANT), FOR CONSULTING SERVICES RELATED TO
THE PREPARATION OF ENVIRONMENTAL IMPACT
REPORTS (EIR) FOR THE VILLAGE 8 WEST AND VILLAGE 9
SECTIONAL PLANNING AREA PLANS AND TENTATIVE
MAPS, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the City entered into a Land Offer Agreement in April 2008, that provided for
particulaz consideration in the processing of entitlements for the two villages, and called for a
Processing Agreement to fulfill parts of those considerations; and
WHEREAS, the City and the Applicant entered into a Processing Agreement in June 2009,
that permitted the Applicant to retain an environmental consultant, at its sole expense, for the
prepazation of environmental documents for Village 8 West and Village 9; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed project requires the
preparation of an EIR; and
WHEREAS, consistent with allowance in the Processing Agreement, the Applicant has
selected PBS&J to prepare their Environmental Impact Reports under the independent review
authority of the City; and
WHEREAS, the City's competitive bidding requirements are hereby waived pursuant to
Municipal Code section 2.56.070(B)(3) because the Applicant has sole discretion in selecting, and
sole responsibility for funding the consultant independent of the City; and
WHEREAS, the consultant warrants and represents that they are experienced and staffed in
a manner such that they aze and can prepare and deliver the services required of Consultant to
Applicant and City within the timeframes herein provided all in accordance with the terms and
conditions of this agreement; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
Agreement in accordance with applicable procedures set forth in Section 6.5.2 of the Environmental
Review Procedures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby waive the City's formal bidding process, and approve aThree-Party Agreement
between the City of Chula Vista, PBS&J Consultant, and Otay Land Company LLC, for consulting
services related to the preparation of Environmental Impact Reports (EIR) for the Sectional
Planning Area Plans and Tentative Maps for Village 8 West and Village 9.
Resolution No. 2010-061
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Gary albe , P.E., AICP Bart
Deputy Ci Manager/Development Services City Attorney ~
Director
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of Mazch 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, May
ATTEST:
~~ C~(cL~.t_.4
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. 2010-061 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 March 2010.
Executed this 23rd day of Mazch 2010.
~~ ~~~~
Donna R. Norris, CMC, City Clerk