RESOLUTION NO. 2022-__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CITY’S CONSULTANT
SELECTION PROCESS, APPROVING A LEGAL SERVICES
AGREEMENT BETWEEN T HE CITY AND STRADLING,
YOCCA, CARLSON & RAUTH FOR ASSISTANCE WITH
NEGOTIATIONS OF A MASTER DEVELOPMENT
AGREEMENT WITH HOMEFED CORPORATION AND
RELATED UNIVERSITY/INNOVATION DISTRICT
PROJECT MATTERS , AND AP PROPRIATING FUNDS
THEREFOR (4/5 VOTE REQUIRED)
WHEREAS, City desires to attract and locate a multi-institutional, bi-national university in Eastern Chula Vista on 383.7 acres of City -owned land (“University -Innovation District”) which is located adjacent to 432.9 gross acres of land that comprise Villages 9 and 10 under the ownership of HomeFed Development Corporation (“HomeFed”) the uniquely qualified developer of which City is evaluating a development partnership with to facilitate the development of the University -Innovation District on a combined-ownership area of approximately 560 developable acres across 816.6 gross acres (“Project”); and
WHEREAS, On June 8, 2020, the University Subcommittee authorized staff to draft a Master Development Agreement (“MDA”) with HomeFed for City Council consideration to continue to make tangible and expeditious progress towards reaching an amicable term sheet and subsequent resulting agreements for the development of the Project; and
WHEREAS, due to limited resources and the time and expertise that it will take to negotiate, structure and draft an MDA for the Project , the City Attorney’s Office requires additional legal resources; and
WHEREAS, back in 2014, when the City and HomeFed were working together to negotiate the terms for a similar form of agreement for the development of the Project, the City Attorney’s Office went through an extensive Request for Qualifications/Proposals (“RFQP”) process for legal assistance, resulting in proposals from eleven (11) attorneys/law firms from around the state; and
WHEREAS, at that time, the City’s selection committee chose, and the City hired, the law firm of Stradling, Rocca, Carlson & Rauth (“Stradling”) to perform the required legal services ; and
WHEREAS, although that transaction did not proceed, the Stradling firm provided exemplary services and developed a substantial in-house knowledge of the Project; and
WHEREAS, the Stradling firm continues to have the high-quality expertise and experience necessary to advise the City with respect to the Project , including substantial familiarity with the Project and the workings of City government; and
Resolution No.
WHEREAS, based upon the above-described qualifications, performance capabilities and experience, and the substantial work that Consultant has already performed for City under a separate but related contract regarding the Project, City has determined that Stradling is uniquely qualified to perform the required services pursuant to Chula Vista Municipal Code Section
2.56.070(B)(3) (City’s interests are better served by an alternative procurement mechanism) and
2.56.070.B(4) (sole source exemption).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, hereby:
1. Finds with respect to the proposed Legal Services Agreement (“Agreement”) between the City and Stradling, Yocca, Carlson and Rauth (“Stradling”), based on the facts set forth above, that City’s interests are better served by an alternative procurement mechanism (per CVMC 2.56.070(B)(3)) and that Stradling is uniquely qualified to perform the proposed services (per CVMC 2.56.070.B(4) ), and therefore w aives the City’s consultant selection process with respect to the Agreement; and
2. Approves the Agreement in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk; and
3. Appropriates $150,000 out of the ___________ fund for purposes of funding the Agreement (4/5 Vote Required).
Presented by:
Glen R. Googins,
City Attorney
Approved as to form by:
Glen R. Googins
City Attorney