RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
ENTER INTO A THREE-PARTY EXCLUSIVE NEGOTIATING
AGREEMENT WITH SAN DIEGO METROPOLITAN TRANSIT
SYSTEM AND BAYVIEW POINT, LLC ; AND APPROVING A
CONSULTANT SERVICES AGR EEMENT BETWEEN THE
CITY AND KEYSER MARSTON ASSOCIATES , INC. TO
PROVIDE NEGOTIATION AND TRANSACTION
STRUCTURING SERVICES
WHEREAS, the City of Chula Vista (City) is the legal owner of approximately six acres of real estate located at 707 F Street in Chula Vista and the San Diego Metropolitan Transit System (MTS) is the legal owner of approximately four acres of real estate located at 750 E Street in Chula Vista; and
WHEREAS, 707 F Street served as the City’s Public Works C orporation Yard up until approximately 1999 and has been utilized with temporary uses since; and
WHEREAS, improvements to the City -owned 707 F Street site outlived their useful life and demolition of the site was completed in the last two years; and
WHEREAS, the MTS-owned site at 750 E Street is underutilized in that it is developed as the E Street Transit Station with surface parking, bus terminals, and a coffee shop; and
WHEREAS, the City and MTS desire to jointly solicit developer proposals for the development of City-owned 707 F Street and MTS-owned 750 E Street; and
WHEREAS, in December 2020 the City Council authorized the City Manager to coordinate with MTS to prepare and release a Joint Request for Qualifications/Request for Proposals (Joint RFQ/RFP); and
WHEREAS, in April 2020 the City released a Joint RFQ/RFP to identify the most qualified development teams that would develop a high -quality project with seamless planning and design across the nearly ten acres; and
WHEREAS, during the Joint RFQ/RFP solicitation period a California State Assembly Bill (AB) 1486, known as the Surplus Land Act, was signed into law, which effectively halted the Joint RFQ/RFP solicitation given that the law mandates that surplus land must first be offered for sale or lease to affordable housing developers through a written notice of availability sent to all entities that are on the list of affordable housing developers maintained by the State Department of Housing and Community Development; and
WHEREAS, in late 2021 a legislative amendment in the form of Senate Bill (SB) 51 was signed into law, which created a legislative carve-out of the Surplus Land Act, which allowed the City and MTS to revive its Joint RFQ/RFP solicitation irrespective of the noticing and negotiation process included in the Surplus Land Act, as long as development of the land meets other criteria, such as providing the minimum level of affordable housing required by the Surplus Land Act; and
WHEREAS, at the conclusion of the revived Joint RFQ/R FP solicitation period the City and MTS weighed the economic impact anticipated to be created with each proposal; including but not limited to: job creation, sales tax revenue generation, transient occupancy tax revenue generation, property tax revenue gen eration, and the overall intensification of land use as envisioned by the planning documents governing the sites; and
WHEREAS, in consideration of the foregoing, City staff recommends the selection of Bayview Point, LLC as the designated developer to exclusively work with City and MTS staff on a refined development project for City-owned 707 F Street and MTS-owned 750 E Street; and WHEREAS, the City and MTS require the services of a professional firm to assist with evaluating the refined development proposal, as well as negotiations with the selected developer and structuring the transactions with each agency; and
WHEREAS, staff has identified Keyser Marston Associates, Inc. as uniquely qualified to provide these professional services based on having participated in the Joint RFQ/RFP solicitation process as a consultant to the City since the process began in 2018; and
WHEREAS, based upon the above-described qualifications, performance capabilities and experience, and the substantial work that Keyser Marston Associates, Inc. has already performed for City under separate but related contract s regarding the Joint RFQ/RFP solicitation for City - owned 707 F Street and MTS-owned 750 E Street, City has determined that Consultant is uniquely qualified to perform the required services and waives the City’s competitive bidding requirements 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 by the City Council of the City of Chula Vista, that it hereby authorizes the City Manager or his/her designee to enter into a three-party Exclusive Negotiating Agreement (ENA) with San Diego Metropolitan Transit System (MTS) and Bayview Point, LLC for the development of City-owned 707 F Street and MTS-owned 750 E Street 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 authorizes and directs the City Manager to execute the same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it hereby:
1. Finds with respect to the proposed two -party agreement between the City and Keyser Marston Associates, Inc. for real estate negotiation and transaction structuring services (Agreement), 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 Keyser Marston Associates, Inc. is uniquely qualified to perform the proposed services (per CVMC 2.56.070.B(4)), and therefore waives the City’s consultant selection process with respect to the Agreement; and Resolution No.
2. Approves the Consultant Services Agreeme nt, between the City and Keyser Marston Associates, Inc., 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
Presented by: Approved as to form by:
Eric C. Crockett Glen R. Googins
Deputy City Manager City Attorney