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HomeMy WebLinkAbout2014-04-15 Agenda Packet I deciare under penalty oi perjury that I am empioyed by the City of Chula Vista in the - Office of the City Clerk and that I posted this document on the bulletin board according to - � � � ���-'�� _ Brown Act requirements. i-"°"-�:-- . � \I f - _ .._-�.:�;,`�. � � i�i l� Signed �—� / -�� a_�:+• _„=� .�._';l ,�� - _ - - - . . f. _„ r: _.�`-., cm oF > � �•; ' -t�_ ' CHULA VISiA �""_�a a�_ y -,,,N • e � �����^�2t'� � Cheryl Cox, Mayor Patricia Aguilar, Councilmember James D. Sandoval, City Manager Pamela Bensoussan, Councitmember Glen R. Googins, City Attomey Rudy Ramirez, Councilmember ponna R. Norris, City Clerk Mary Salas, Councilmember Tuesday, April 15, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula �sta, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALLTO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 14-0223 PRESENTATION BY POLICE CHIEF BEJARANO, OF EMPLOYEE OF THE MONTH KATHY KOEPPEL, FAMILY PROTECTION UNIT SECRETARY B. 14-0159 PRESENTATION BY THE RESOURCE CONSERVATION COMMISSION OF THE 2014 CLEAN CHAMPION AWARD WINNERS: MAAC PROJECT, HARRY ORGOVAN, GRACIA Y PAZ CHURCH AND JOSE DORADO Ciryo/ChulaVUfa . Paga1 - . PnniedonNf0.20fa City Council Agenda April 15,2014 C. 14-0214 PRESENTATION OF A PROCLAMATION TO CHULA VISTA GARDEN CLUB PRESIDENT SANDY DUNCAN PROCLAIMING FRIDAY, APRIL 25, 2014 AS ARBOR DAY IN THE CITY OF CHULA VISTA D. 14-0218 RECOGNITION BY LANDSCAPE PLANNER PATRICIA FERMAN OF THE SAN DIEGO AMERICAN PLANNING ASSOCIATION'S 2014 URBAN DESIGN AWARD FOR THIRD AVENUE STREETSCAPE PHASE I E. 14-0222 PRESENTATION OF A PROCLAMATION TO CITY ATTORNEY GLEN GOOGINS PROCLAIMING THURSDAY, MAY 1, 2014 AS LAW DAY IN THE CITY OF CHULA VISTA F. 14-0229 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DISPATCHER DAVID WILSON PROCLAIMING APRIL 13 THROUGH APRIL 19, 2014 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK CONSENT CALENDAR (Items 1 - 6) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. 14-0216 APPROVAL OF MINUTES OF January 28, and February 11, 2014. Staff Recommendation: Council approve the minutes. 2. 14-0217 WRITTEN COMMUNICATIONS Letter of Resignation from Zaneta Encarnacion, Growth Management Oversight Commission. Staff Recommendation: Council accept the resignation. 3. 14-0128 HOUSING ELEMENT 2013 ANNUAL PROGRESS REPORT Department: Development Services Department - Housing Division Staff Recommendation: Council accept the report. City of Chula Vista Page 2 Printed on 411012014 2014-04-15 Agenda Packet Page 2 City Council Agenda April 15,2014 4. 14-0201 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE POLICE AND FIRE DEPARTMENTS TO PURCHASE UNIFORMS FROM ACE UNIFORMS Department: Police Department Staff Recommendation: Council adopt the resolution. 5. 14-0204 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO TO LEASE A PORTION OF CITY OWNED LAND LOCATED AT ROHR PARK FOR THE CONSTRUCTION AND OPERATION OF A PARKING LOT TO SUPPORT OPERATIONS OF THE COUNTY OWNED PROVENCE HOUSE AS A REGIONAL EVENT CENTER AND APPROPRIATING $30,000 TO THE NON DEPARTMENTAL BUDGET TO IMPROVE THE CITY'S RANGER STATION IN ROHR PARK (4/5 VOTE REQUIRED) Department: Public Works Department Staff Recommendation: Council adopts the resolution. 6. 14-0220 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE THOMAS LAW GROUP FOR ATTORNEY SERVICES RELATED TO THE PREPARATION OF LAND USE IMPLEMENTATION AND ENVIRONMENTAL DOCUMENTS FOR THE UNIVERSITY PARK AND INNOVATION DISTRICT Department: City Attorney/ Staff Recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR City of Chula Vista Page 3 Printed on 411012014 2014-04-15 Agenda Packet Page 3 City Council Agenda April 15,2014 PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS (TIME CERTAIN - 4:00 PM) The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 7. 14-0118 CONSIDERATION OF 1) A PRECISE PLAN (PCM-13-22) TO ALLOW A MAXIMUM HEIGHT OF 120 FEET (45 FEET MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE AT THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS; AND 2) A DESIGN REVIEW PERMIT (DRC13-31) TO CONSTRUCT THE PARKING STRUCTURE (This item has been continued from the April 8, 2014 meeting.) A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN (PCM-13-22) TO ALLOW A HEIGHT OF 120 FEET (45 MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE TO BE LOCATED WITHIN THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS LOCATED AT 751 MEDICAL CENTER COURT (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT (DRC13-31) FOR A PROPOSED PARKING STRUCTURE ON A SITE LOCATED AT 751 MEDICAL CENTER COURT Department: Development Services Department Staff Recommendation: Council place the ordinance on first reading and adopt the resolution. City of Chula Vista Page 4 Printed on 411012014 2014-04-15 Agenda Packet Page 4 City Council Agenda April 15,2014 ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. 14-0164 PRESENTATION OF SURVEY RESULTS FROM CITY OF CHULA VISTAAWARENESS AND PERCEPTIONS STUDY Department: City Manager Staff Recommendation: Council hear the report. CITY MANAGER'S REPORTS MAYOR'S REPORTS COUNCILMEMBERS' COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 9. 14-0221 PUBLIC EMPLOYMENT APPOINTMENT PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b) Title: City Manager 10. 14-0228 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Orange Citizens for Parks and Recreation, et al. v. Superior Court of Orange County, Court of Appeal Fourth District, Case No. G047013 Consideration of joining Amicus briefing. City of Chula Vista Page 5 Printed on 411012014 2014-04-15 Agenda Packet Page 5 City Council Agenda April 15,2014 ADJOURNMENT to the Regular City Council Meeting on May 6, 2014, at 2:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619) 691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 6 Printed on 411012014 2014-04-15 Agenda Packet Page 6 City Council Agenda April 15,2014 NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP In accordance with California Government Code Section 66458(d), notice is hereby given that the City Engineer has reviewed and, immediately following this City Council meeting of April 15, 2014, will approve the following final map: Chula Vista Tract No. 12-01, TAMARINDO HOUSING DEVELOPMENT, 16 single family units located on 2.33 acres south of ORANGE AVENUE and west of HILLTOP DRIVE. Specifically, the City Engineer has caused the map to be examined and has made the following findings: (1) The map substantially conform to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct. Said map will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer's action to City Council no later than 2:00 p.m., 10 calendar days from the date of this City Council meeting. A valid appeal must identify the improper/incorrect finding and the basis for such conclusion. If you have any questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Tom Adler at (619) 409-5483. City of Chula Vista Page 7 Printed on 411012014 2014-04-15 Agenda Packet Page 7 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0223, Item#: A. PRESENTATION BY POLICE CHIEF BEJARANO, OF EMPLOYEE OF THE MONTH KATHY KOEPPEL, FAMILY PROTECTION UNIT SECRETARY City of Chula Vista Page 1 of 1 Printed on 4/10/2014 powered by Legis 2014-04-15 Agenda Packet Page 8 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0159, Item#: B. PRESENTATION BY THE RESOURCE CONSERVATION COMMISSION OF THE 2014 CLEAN CHAMPION AWARD WINNERS: MAAC PROJECT, HARRY ORGOVAN, GRACIA Y PAZ CHURCH AND JOSE DORADO City of Chula Vista Page 1 of 1 Printed on 4/10/2014 powered by Legis 2014-04-15 Agenda Packet Page 9 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0214, Item#: C. PRESENTATION OF A PROCLAMATION TO CHULA VISTA GARDEN CLUB PRESIDENT SANDY DUNCAN PROCLAIMING FRIDAY, APRIL 25, 2014 AS ARBOR DAY IN THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 10 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0218, Item#: D. RECOGNITION BY LANDSCAPE PLANNER PATRICIA FERMAN OF THE SAN DIEGO AMERICAN PLANNING ASSOCIATION'S 2014 URBAN DESIGN AWARD FOR THIRD AVENUE STREETSCAPE PHASE I City of Chula Vista Page 1 of 1 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 11 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0222, Item#: E. PRESENTATION OF A PROCLAMATION TO CITY ATTORNEY GLEN GOOGINS PROCLAIMING THURSDAY, MAY 1, 2014 AS LAW DAY IN THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 12 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0229, Item#: F. PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DISPATCHER DAVID WILSON PROCLAIMING APRIL 13 THROUGH APRIL 19, 2014 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK City of Chula Vista Page 1 of 1 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 13 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0216, Item#: 1. APPROVAL OF MINUTES OF January 28, and February 11 , 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 14 City of Chula Vista Meeting Minutes - Draft Tuesday,January 28,2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Excused: Deputy Mayor Aguilar PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE City Attorney Googins led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0007 UPDATE ON CITY NOW, THE CITY'S CONTINUOUS IMPROVEMENT PROGRAM: 6S IS A SUCCESS FOR PUBLIC WORKS OPERATIONS Administrative Services Manager Chew, Assistant to the City Manager Mills, and Public Works Specialist Block gave a presentation on a Continuous Improvement project in the Public Works Department. CONSENT CALENDAR (Items 1 - 7) Items 5 and 6 were removed from the Consent Calendar at the request of Councilmember Ramirez. 1. 14-0025 WRITTEN COMMUNICATIONS Letter of resignation from Denise Yamagata, International Friendship Commission. Staff Recommendation: Council accept the resignation. 2. 14-0021 ORDINANCE NO. 3302 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE FISCAL AGENT NETWORK MANAGER AND ADD FISCAL AGENT INFORMATION SECURITY PROGRAM MANAGER (SECOND READING AND ADOPTION) Staff Recommendation: Council adopt the ordinance. City of Chula Vista Page 1 2014-04-15 Agenda Packet Page 15 City Council Meeting Minutes -Draft January 28, 2014 3. 13-0206 RESOLUTION NO. 2014-013 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $80,000 TO THE ASSET SEIZURE FUND BASED ON UNANTICIPATED REVENUES (4/5 VOTE REQUIRED) Staff Recommendation: Council adopt the resolution. 4. 13-0171 RESOLUTION NO. 2014-014 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 FUNDS IN THE AMOUNT OF $228,360 TO THE TRANSIT CAPITAL FUND FOR THE PURCHASE AND INSTALLATION OF A NATURAL GAS COMPRESSOR AND AWARDING A PURCHASE AGREEMENT TO TRUSTAR ENERGY (4/5 VOTE REQUIRED) Staff Recommendation: Council adopt the resolution. 7. 14-0015 RESOLUTION NO. 2014-017 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (A) CLOSING CAPITAL IMPROVEMENT PROJECT GG214 (THE MUNICIPAL STREET LIGHT RETROFIT PROJECT PHASE II), (B) APPROPRIATING THE PROJECT'S REMAINING $338,282 FUND BALANCE TO THE CAPITAL EXPENDITURES CATEGORY WITHIN THE AMERICAN RECOVERY & REINVESTMENT ACT FUND, AND (C) APPROVING A $338,000 DESIGN BUILD AGREEMENT BETWEEN THE CITY AND ALPHA MECHANICAL FOR THE SOUTH LIBRARY HVAC UPGRADES (4/5 VOTE REQUIRED) Staff Recommendation: Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 2 2014-04-15 Agenda Packet Page 16 City Council Meeting Minutes -Draft January 28, 2014 ITEMS REMOVED FROM THE CONSENT CALENDAR 5. 14-0017 RESOLUTION NO. 2014-015 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE GREATER SAN DIEGO CITY TENNIS COUNCIL FOR THE REPAIR OF TENNIS COURTS AT EL RANCHO DEL REY PARK AND WAIVING RENTAL FEES FOR TENNIS PROGRAMS TO BE OFFERED BY THE SAN DIEGO DISTRICT TENNIS ASSOCIATION AT THE PARK In response to questions from Councilmember Ramirez, Public Works Director Hopkins provided additional information regarding the grant. ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Salas, to adopt Resolution No. 2014-015, heading read, text waived. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 6. 13-0227 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 17.10 (PARKLANDS AND PUBLIC FACILITIES) RELATING TO THE PARK ACQUISITION AND DEVELOPMENT FEE REQUIREMENT FOR HOTELS AND MOTELS (FIRST READING) B. RESOLUTION NO. 2014-016 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 16 (DEVELOPMENT AND IN-LIEU FEES) OF THE CITY'S MASTER FEE SCHEDULE Councilmember Ramirez expressed concern regarding the lack of funding for the park system. ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Salas, to place the above ordinance on first reading and adopt Resolution No. 2014-016, headings read, text waived. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 PUBLIC COMMENTS Jeremiah Ivie, Chula Vista resident, expressed concern regarding the use of radio frequencies without the consent of individuals. Jason Paguio, representing South Bay Alliance for Arts Education, announced an upcoming string ensemble event on February 5, 2014. City of Chula Vista Page 3 2014-04-15 Agenda Packet Page 17 City Council Meeting Minutes -Draft January 28, 2014 ACTION ITEMS 8. 14-0011 CONSIDERATION OF A NEW FIRE FACILITY MASTER PLAN, FIRE FORCE RESPONSE STANDARD AND FULL-TIME FOUR-PERSON ENGINE CREWS RESOLUTION NO. 2014-018 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NEW FIRE FACILITY MASTER PLAN WITH MODIFICATIONS, UPDATING THE FIRE DEPARTMENT EMERGENCY MEDICAL AND FIRE RESPONSE STANDARDS, ESTABLISHING AN EFFECTIVE FIRE FORCE RESPONSE STANDARD, AND APPROVING A POLICY FOR MOVING TO FULL-TIME FOUR-PERSON ENGINE CREWS Chief Hanneman presented information on the Fire Facility Master Plan history and staff's recommendation. The following individuals spoke in support of staff's recommendation: -Matt Adams, representing BIA - Todd Galarneau, representing Corky McMillin Companies -Jerry Rindone, Chula Vista resident, representing the Chula Vista Chamber of Commerce -John Hess, representing the International Association of Fire Fighters City Attorney Googins clarified that approval of the item was exempt from environmental review under CEQA. ACTION: A motion was made by Councilmember Salas, seconded by Councilmember Ramirez, to adopt Resolution No. 2014-018, heading read, text waived. The motion carried by the following vote: Yes: 0 No: 0 Abstain: 0 CITY MANAGER'S REPORTS City Manager Sandoval announced that the United Way Campaign would be kicked off on February 1, 2014. He provided an update on additional revenues generated from City facility rentals. He also stated that Parkway Community Center was named the top recreation center in South Bay through a Star News readers'poll. City Manager Sandoval provided information on an employee engagement initiative and a wellness program. City of Chula Vista Page 4 2014-04-15 Agenda Packet Page 18 City Council Meeting Minutes -Draft January 28, 2014 MAYOR'S REPORTS 9. 14-0033 RATIFICATION OF APPOINTMENT OF ROSA MARIA ROBLES TO THE BOARD OF ETHICS ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, to ratify the appointment of Rosa Maria Robles to the Board of Ethics. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 COUNCILMEMBERS' COMMENTS Councilmember Ramirez congratulated the City Manager on the City's efforts to bring in additional revenue through programs, such as the program at Lauderbach. He also suggested that the bargaining groups be invited to the Continuous Improvement course graduations. 10. 14-0030 Councilmember Bensoussan: Request for consensus to agendize for City Council consideration at the next Council meeting the following items: A. Discussion of a potential November 2014 ballot measure to repeal or modify Prop G regarding City participation in Project Labor Agreements; and B. Discussion of a potential policy relating to prevailing wage, living wage, or minimum wage. Councilmember Bensoussan requested consensus of the Council to agendize Items 10A and 108 for discussion at a future meeting. There was not consensus of a majority of the Council to agendize the items for discussion. At the request of Councilmember Salas, there was consensus of the Council to add an item to a future Council agenda for discussion relating to the unification of the Sweetwater Union High School District and the Chula Vista Elementary School District. She distributed information on the California Education Code relating to unification of school districts. Mayor Cox announced that the Council would convene in closed session to discuss the items listed below. Mayor Cox recessed the meeting at 3:25 p.m. The Council reconvened in Closed Session at 3:31 p.m., with all members present, except Deputy Mayor Aguilar. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. City of Chula Vista Page 5 2014-04-15 Agenda Packet Page 19 City Council Meeting Minutes -Draft January 28, 2014 11. 14-0041 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) City of Chula Vista v. Bay & E, Inc., et al., San Diego Superior Court, Case No. 37-2013-00055103-CU-MC-CTL There was no reportable action. ADJOURNMENT At 3:50 p.m. Mayor Cox adjourned the meeting to the Regular City Council Meeting on February 11, 2014, at 2:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 6 2014-04-15 Agenda Packet Page 20 City of Chula Vista Meeting Minutes - Draft Tuesday, February 11, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Councilmember Salas arrived at 2:04 p.m. Also Present. City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Senior Information Tech Support Specialist Garcia led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0059 OATH OF OFFICE Rosa Maria Robles, Board of Ethics City Clerk Norris administered the oath of office to Commissioner Robles, and Deputy Mayor Aguilar presented her with a certificate of appointment. B. 14-0062 INTRODUCTION BY HERMON HOWELL, ASSISTANT DIRECTOR OF INFORMATION TECHNOLOGY SERVICES, OF EMPLOYEE OF THE MONTH PAT GARCIA, SENIOR INFORMATION TECH SUPPORT SPECIALIST Assistant Director of Information Technology Services Howell introduced employee of the month, Pat Garcia. Mayor Cox read the proclamation, and Councilmember Bensoussan presented it to Mr. Garcia. City of Chula Vista Page 1 2014-04-15 Agenda Packet Page 21 City Council Meeting Minutes -Draft February 11,2014 C. 14-0064 PRESENTATION OF A PROCLAMATION TO UTC AEROSPACE SYSTEMS VICE PRESIDENT OF ENGINEERING AND TECHNOLOGY COLIN CRAMP, ACHIEVING COMPETITIVE EXCELLENCE (ACE) VICE PRESIDENT, QUALITY AND SUPPORT FUNCTIONS MARTIN LODGE, CITY OF CHULA VISTA DIRECTOR OF PUBLIC WORKS RICK HOPKINS AND CITY ENGINEER BILL VALLE PROCLAIMING FEBRUARY 16-22, 2014 AS NATIONAL ENGINEERS' WEEK IN CHULA VISTA Mayor Cox read the proclamation recognizing National Engineers Week and Councilmember Ramirez presented it to Martin Lodge of UTC Aerospace Systems, Director of Public Works Hopkins, and City Engineer Valle. CONSENT CALENDAR (Items 1-6) 1. 14-0022 APPROVAL OF MINUTES of December 10, 2013. Staff Recommendation: Council approve the minutes. 2. 14-0069 WRITTEN COMMUNICATIONS Letter of resignation from Luz Camacho, Cultural Arts Commission. Staff Recommendation: Council accept the resignation. 3. 14-0043 ORDINANCE NO. 3303 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 17.10 (PARKLANDS AND PUBLIC FACILITIES) RELATING TO THE PARK ACQUISITION AND DEVELOPMENT FEE REQUIREMENT FOR HOTELS AND MOTELS (SECOND READING AND ADOPTION) Staff Recommendation: Council adopt the ordinance. 4. 13-0213 RESOLUTION NO. 2014-019 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT BETWEEN SR V-2 R-6, LLC, AND THE CITY OF CHULA VISTA FOR OTAY RANCH VILLAGE 2 NORTH R-6 (CHULA VISTA TRACT NO. 11-04) Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 2 2014-04-15 Agenda Packet Page 22 City Council Meeting Minutes -Draft February 11,2014 5. 14-0024 RESOLUTION NO. 2014-020 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS AND GRANT FUNDS IN THE AMOUNT OF $22,181 FROM MULTIPLE DONORS AND GRANTORS FOR COSTS ASSOCIATED WITH THE COMMUNITY FUN RUN, NORMAN PARK CENTER, VETERANS CENTER AND CITYWIDE AQUATIC AND RECREATION FACILITIES AND AMENDING THE FY2013-2014 RECREATION BUDGET TO REFLECT THE APPROPRIATION OF THESE DONATED, SPONSORSHIP AND GRANT FUNDS (4/5 VOTE REQUIRED) Staff Recommendation: Council adopt the resolution. 6. 14-0039 RESOLUTION NO. 2014-021 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING APPROPRIATIONS OF $328,446 IN THE ADVANCED LIFE SUPPORT FUND FOR THE PROCUREMENT AND ACQUISITION OF CARDIAC MONITOR/DEFIBRILLATORS MANUFACTURED BY ZOLL MEDICAL CORPORATION (4/5 VOTE REQUIRED) Staff Recommendation: Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. City of Chula Vista Page 3 2014-04-15 Agenda Packet Page 23 City Council Meeting Minutes -Draft February 11,2014 PUBLIC COMMENTS Stewart Payne, Chula Vista resident, representing i9 Sports, expressed concern regarding the condition of fields at Montevalle Park and the fee structure for field use. Barbara Altbaum, representing San Diego and Imperial County Lions Club, provided information on the Lions Club and its programs. She announced an upcoming Lions Club clinic offering eye exams and glasses. Larry Hudson, representing San Diego and Imperial Counties Lions Club, provided additional information on the Club's eye exam and glasses clinic. Jerry Thomas, Chula Vista resident, spoke in support of the construction of Orange Park and expressed concern regarding its design. John Hess, representing the International Association of Fire Fighters (IAFF), spoke regarding the recent California Highway Patrol arrest of a Chula Vista firefighter who was responding to an incident. Mr. Hess spoke in support of the Council advocating for legislation to prevent a similar occurrence in the future. PUBLIC HEARINGS 7. 14-0031 CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) RESOLUTION NO. 2014-022 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA), DESIGNATING IMPROVEMENT AREAS THEREIN, AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WITHIN EACH IMPROVEMENTAREA Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Senior Management Analyst Lengyel provided information regarding the item. Mayor Cox opened the public hearing. City Clerk Norris stated no written protests had been received. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: A motion was made by Councilmember Salas, seconded by Deputy Mayor Aguilar, to adopt Resolution No. 2014-022, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 4 2014-04-15 Agenda Packet Page 24 City Council Meeting Minutes -Draft February 11,2014 ACTION ITEMS 8. 14-0032 DECLARATION OF ELECTION RESULTS REGARDING LEVY OF SPECIAL TAXES WITHIN THE IMPROVEMENT AREAS OF COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT THEREIN AND AUTHORIZE THE LEVY OF SPECIAL TAXES A. RESOLUTION NO. 2014-023 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN THE IMPROVEMENT AREAS OF COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) (FIRST READING) City Clerk Norris opened the ballots and announced that the item passed unanimously. ACTION: A motion was made by Councilmember Ramirez, seconded by Deputy Mayor Aguilar, to adopt Resolution No. 2014-023 and place the above ordinance on first reading, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 5 2014-04-15 Agenda Packet Page 25 City Council Meeting Minutes -Draft February 11,2014 9. 14-0075 RESOLUTION NO. 2014-024 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IN SUPPORT OF THE RELOCATION OF THE SDG&E BAYFRONT SUBSTATION INCLUDING THE BAYFRONT ENHANCEMENT FUND ALTERNATIVE AND CONSIDERATION OF ADDITIONAL UNDERGROUNDING OF UTILITY LINES AND OTHER MEASURES TO ADDRESS VISUAL IMPACTS CONSISTENT WITH THE CITY'S CERTIFIED LOCAL COASTAL PROGRAM AND THE COASTAL ACT Assistant City Manager Halbert provided history and information on the item. The following members of the public spoke in support of the item: -John Moot, Chula Vista resident, representing Inland Industries - Theresa Acerro, Chula Vista resident -Jeffrey Berg, San Diego resident, representing Inland Industries Council discussion ensued regarding the text of the proposed resolution. Mayor Cox recessed the meeting at 3:18 p.m. The Council reconvened at 3:35 p.m., with all members present. John Moot, representing Inland Industries, stated Inland Industries supported the resolution as amended. There was consensus of the Council to accept the following addition to the second recital: "Whereas on April 25, 2006, the City of Chula Vista ("City') created an undergrounding district within the Chula Vista Bayfront to underground the 138 kV electrical transmission lines and supporting structures including Tower 188701 consistent with its Bayfront Master Plan efforts and the "MOU" entered into with San Diego Gas&Electric("SDG&E'),and" There was consensus of a majority of the Council to amend the fifth recital to read: "Whereas, the Certified LCP's policies and regulations envision the relocation of the existing substation to a site on Bay Boulevard near Palomar Street located approximately one-half mile south from its current location (the "Relocation Site'), and contain specific land use policies stating that utilities serving the bayfront shall be placed underground (LUP Objective GD.2); and further it is the City's stated position that such certified language is an expansion upon prior approved draft language which stated high voltage(230 kV) transmission lines shall be placed underground," There was consensus of a majority to amend the 11th recital to read: "Whereas, the City desires to reaffirm its previous support for the relocation, including BEFA, and the consideration of additional undergrounding of utility lines and other measures to address visual impacts consistent with the City's certified LCP, the California Coastal Act, the implementation of the Chula Vista Bayfront Master Plan and their vision and policies." There was consensus of a majority of the Council to approve section 1.b. of the resolution as written. There was consensus of the Council to approve section 1.c. of the resolution as written City of Chula Vista Page 6 2014-04-15 Agenda Packet Page 26 City Council Meeting Minutes -Draft February 11,2014 There was consensus of a majority of the Council to amend section 2 of the resolution to read: "Prior to any final action, the City Council also requests that the Coastal Commission independently complete the feasibility analysis and consider the benefits of requiring the undergrounding of any and all additional transmission lines proposed as part of the Project to the extent such undergrounding enhances compliance with the Coastal Act and LCP policies and creates a net positive improvement in visual impacts caused by the Project, minimizing visual blight." There was consensus of the Council to approve section 3 of the resolution as written There was consensus of the Council to approve section 3.c. of the resolution as written. There was consensus of a majority of the Council to strike section 3.d. of the resolution. City Attorney Googins referenced portions of the letter sent by the California Independent System Operator Corporation (ISO) to the California Coastal Commission in which the ISO stated, 'As any material design changes would require CPUC approval, we strongly discourage any changes to the project design at this late stage, which would unduly delay the project. In light of the delays experienced in securing CPUC approval of the Bay Boulevard substation project, it is not reasonable to revisit the approved design of the substation absent a compelling reason that justifies the increased reliability risks and costs to ratepayers." City Attorney Googins stated that SDG&E had submitted a letter in opposition to the resolution and that the letter would be on file in the City Clerk's office. ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Salas, to adopt Resolution No. 2014-024 as amended, heading read, text waived. The motion failed by the following vote: Yes: 3- Aguilar, Ramirez and Salas No: 2- Bensoussan and Cox Abstain: 0 Mayor Cox recessed the meeting at 5:32 p.m. The Council reconvened at 5:48 p.m., with all members present. CITY MANAGER'S REPORTS City Manager Sandoval announced an upcoming workshop on February 12, 2014, to solicit public feedback on the planned Orange Avenue Park. Mayor Cox expressed concern with required ongoing maintenance of the park. He also announced the Port of San Diego's visioning effort and stated that there would be a community workshop in Chula Vista on February 19, 2014. City Manager Sandoval announced the annual Chula Vista Fun Run that would be held in May 2014. MAYOR'S REPORTS Mayor Cox stated she met with members of Yes We Can community group, Cricket Wireless Amphitheater, and the Police Department to discuss alcohol-related issues in the area of the amphitheater. City of Chula Vista Page 7 2014-04-15 Agenda Packet Page 27 City Council Meeting Minutes -Draft February 11,2014 COUNCILMEMBERS' COMMENTS Deputy Mayor Aguilar provided additional information on the recent meeting with Mayor Cox and individuals concerned about alcohol-related issues near Cricket Wireless Amphitheater. She also expressed concern regarding ongoing costs of the upkeep of City parks and spoke in support of identifying additional funding to support those costs. 10. 14-0070 COUNCILMEMBER SALAS Status Report on Information Gathered and Timing for Future Council Consideration of Possible School District Unification Councilmember Salas provided a report on the information gathered regarding potential future Council consideration of supporting a school district unification effort. Councilmember Ramirez announced the upcoming annual International Friendship Games on June 7, 2014. At his request, there was consensus of the Council to add an item to the next Council agenda to consider the City's sponsorship of the event. He stated funding for the event was provided by outside sources and was not from the City's general fund. Councilmember Ramirez expressed concern regarding the City's input on behalf of citizens regarding a proposed water rate increase. Mayor Cox stated that the City was represented as part of the Joint Powers Authority(JPA)in meetings and hearings discussing the issue. Councilmember Ramirez thanked the California Innocence Project at the California School of Law in San Diego for a recent tour he participated in and acknowledged the organization for its work in the criminal justice system. Councilmember Ramirez expressed concern regarding the arrest of the Chula Vista firefighter by California Highway Patrol and spoke in support of taking measures to prevent a similar situation in the future. He also expressed his appreciation for the individual firefighter and other first responders. Councilmember Ramirez also expressed concern regarding ongoing funding of City facilities and programs. He suggested that City staff pursue more public-private partnerships. City Manager Sandoval, Chief Hanneman, and Chief Bejarano provided an update on the investigation and discussions with other agencies in response to the arrest of the Chula Vista firefighter. Councilmember Bensoussan announced an upcoming event at the San Diego Repertory Theater February 17, 2014. She also announced vacancies on the Cultural Arts Commission and encouraged residents to apply. Councilmember Bensoussan stated the public could contact her office regarding an upcoming fundraiser for a future City dog park in Eucalyptus Park. Finally, she encouraged individuals interested in volunteering on a planning committee for HarborFest 2014 to contact her office. CLOSED SESSION Mayor Cox stated that Item 11 would not be heard. City of Chula Vista Page 8 2014-04-15 Agenda Packet Page 28 City Council Meeting Minutes -Draft February 11,2014 11. 14-0068 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) One Case. There is an ongoing disagreement that between the "Participating Agencies" (including the City of Chula Vista), on the one hand, and the City of San Diego and Padre Dam Municipal Water District, on the other hand, over responsibility for reimbursing Padre Dam for its overpayment of wastewater fees dating back to 1998 under the terms of the Master Wastewater Disposal Agreement between the parties. Item 11 was trailed to the meeting of February 18, 2014. ADJOURNMENT At 6:24 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on February 18, 2014, at 2:00 p.m., in the Council Chambers. City of Chula Vista Page 9 2014-04-15 Agenda Packet Page 29 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0217, Item#: 2. WRITTEN COMMUNICATIONS Letter of Resignation from Zaneta Encarnacion, Growth Management Oversight Commission. RECOMMENDED ACTION Council accept the resignation. City of Chula Vista Page 1 of 1 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 30 Kerry Bigelow Subject: FW: GMOC Resignation -----Original Message----- From: Zaneta Encarnacion [mailto:zaneta.encarnacionOgmail.com] Sent: Tuesday,April 08, 2014 9:30 AM To: Kim Vander Bie;Armida Torres Subject: GMOC Hello Kim and Armida, Unfortunately, I will need to resign my position on the GMOC due to my work schedule and conflicting work priorities. I truly enjoyed serving on the commission and with such passionate,committed community leaders. Warmly, Z Sent from my iPhone. Please excuse the spelling and brevity. i 2014-04-15 Agenda Packet Page 31 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0128, Item#: 3. HOUSING ELEMENT 2013 ANNUAL PROGRESS REPORT RECOMMENDED ACTION Council accept the report. SUMMARY The City of Chula Vista is required to prepare an Annual Progress Report (Report) on the implementation of the City's Housing Element. California Government Code Section 65400 requires the report to include the following: (1) progress in meeting the Regional Housing Need; (2) the effectiveness of the Housing Element in the attainment of the community's housing goals and objectives; and (3) progress toward mitigating governmental constraints identified in the Housing Element. This Report provides detailed information regarding the housing activities of the City of Chula Vista from January 1 , 2013 through December 31 , 2013. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378(b)(5) of the State CEQA Guidelines because the proposal consists of a reporting action, is not for a site specific project(s) and will not result in a direct or indirect physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no further environmental review is necessary at this time. BOARD/COMMISSION RECOMMENDATION No action is required. The Housing Advisory Commission will be provided with a summary of the Report at their next meeting. DISCUSSION The Chula Vista Housing Element 2013 Annual Progress Report, included as Attachment 1 , provides detailed information regarding the housing activities of the City of Chula Vista from January 1 , 2013 through December 31 , 2013. The Report provides a summary of progress based on the goals and objectives outlined in the 2013-2020 Housing Element. The 2013-2020 Housing Element was adopted by City Council on April 23, 2013 and accepted by the Department of Housing and Community Development in June 2013. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of City of Chula Vista Page 1 of 2 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 32 File#: 14-0128, Item#: 3. interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: 1. Operational Excellence; 2. Economic Vitality; 3. Healthy Community; 4. Strong and Secure Neighborhoods; and 5. Connected Community. The 2013 Housing Element update engaged the community in order to establish a seven year strategy of housing policies and programs for the enhancement and preservation of the community's character, expansion of housing opportunities for the City's various economic segments, and to guide local decision making related to housing. The nature of these activities is consistent with the Goals, Strategies and Initiatives in a Connected Community. Strategy 5.1: Provide opportunities that enhance the community's quality of life. Initiative 5.12. Provide services and programs responsive to residents' priorities. CURRENT YEAR FISCAL IMPACT None. ONGOING FISCAL IMPACT None. City of Chula Vista Page 2 of 2 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 33 ATTACHMENT 1 HOUSING ELEMENT 2013 ANNUAL PROGRESS REPORT EXECUTIVE SUMMARY Some significant facts about affordable housing efforts during the 2013 calendar year (January 1, 2013 —December 31, 2013) include: New Development • Staff worked closely with an affordable housing developer through the planning process of a new 33-unit mixed-use affordable development in Western Chula Vista. A total of two million in federal funds ($1,500,000 of HOME funds and $500,000 of NSP funds)was awarded to the project. Construction is anticipated to begin in 2014. • The City entered into two inclusionary agreements in Eastern Chula Vista, for a total of 15 low-income, and 21 moderate-income units. The fulfillment of the units will be met by construction and/or payment of an in-lieu fee. Building Standards (Conservation/Energy Efficiency) • 460 residential and commercial buildings met the citywide Green Building Standard requiring a 20% reduction in potable water use. • 460 residential and commercial buildings met the 15-20% energy efficiency level above the 2008 California Energy Code baseline. Rental Activities • Section 8, administrated by the County of San Diego,provided 3,255 vouchers to Chula Vista households. • $12 million in tax exempt bonds were approved by the Housing Authority and the City Council to acquire and rehabilitate 100 (99 units are income restricted with one on-site manager's unit) apartments at Kiku Gardens for very-low and low-income households. • City acquired and rehabilitated a total of five properties (three in Western Chula Vista and two in Eastern Chula Vista) utilizing HOME and NSP funds. Two of the units will be restricted for special needs and extremely low-income households, while three will be restricted for low-income households. • Code enforcement staff inspected 650 rental units in 140 complexes through the City's Rental Housing Program and through Title 25 inspected 90 units within eight mobilehome parks. • Code enforcement staff also responded to 362 residential complaints during 2013, for unpermitted construction on condos and single-family dwellings (rentals and owner- occupied). Homeowner/Homebuyer Activities • Code enforcement staff registered 5,580 properties in the Residential Abandoned Properties Program (RAPP) since the ordinance was adopted in August 2007. • Through a continued relationship and contract with Community HousingWorks, Chula Vista residents were provided the following services: 2013 Housing Element—Executive Summary Page i of ii 2014-04-15 Agenda Packet Page 34 ■ At least 28 Chula Vista households received foreclosure prevention counseling resulting in three loan modifications through Community HousingWorks. ■ 29 Chula Vista residents graduated from U.S. Department of Housing and Urban Development(HUD)certified Homebuyer Education classes. • Four new homeowners were created in Chula Vista utilizing the Mortgage Credit Certificate (MCC)program,which entitles the household to a federal income tax credit. • One low income households received down payment assistance through the First Time Homebuyer program. • The City partnered with the Housing Opportunities Collaborative, Community HousingWorks, and Wells Fargo to host a Loan Modification and Refinancing event for existing homeowners. Approximately, 33 homeowners attended the event, and as a result, 20 homeowners modified or refinanced their loan Preventing Homelessness • The City was the lead agency in planning and coordination of the second annual Project Connect event in the South Bay. The one day event connected over 90 homeless or near homeless individuals and families with services and programs ranging from social service benefits,haircuts,medical attention and food services. Infrastructure Improvements • $9.5M in HUD Section 108 Loan funds continued to assist the Castlepark Infrastructure efforts. A total of I 1 targeted projects with new streets, sidewalks, curbs and gutters were completed in 2013. 2013 Housing Element—Executive Summary Page ii of ii 2014-04-15 Agenda Packet Page 35 \ /Vi) \\\ \ �i 0 LU 2 c,4 »_ $ / N / k { ,- o § / k \� a) C) cak ` - z ® — ,- & zm k ! Li 2D , w \ k E. k 2 ( J \ - ; Eo a A £ ! 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N 2 m m m m o o o w EN m=QUO 0 N-m NO 0 o m (6 Y N 6I 6I 4 t-6 E C t Ul > w- O` 0 N E w �s m m N'� E m N w N �sY- o w m ' a .N n a m m > m m o I D Do D E >m a o ° a = E U_ O O a U E O 0 U O O w N E LL U � w N 0 U O O - Ul Ul E a o Z O W __ E E o m m u m E o O Z J I Q C O N W W W v O N N W ti N 0I E 6 O r I O O T N a`C0 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0201, Item#: 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE POLICE AND FIRE DEPARTMENTS TO PURCHASE UNIFORMS FROM ACE UNIFORMS RECOMMENDED ACTION Council adopt the resolution. SUMMARY Pursuant to Chula Vista Municipal Code 2.56.070 relating to contracts exceeding $100,000, the Police and Fire Departments are requesting to waive the competitive formal bid requirement and authorize to purchase uniforms from Ace Uniforms. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Ace Uniforms provides both the Police and Fire Departments with uniform pants, uniform shirts, boots, duty belt gear and uniform alteration services. In the current fiscal year, the Police Department anticipates to spend $85,000 and the Fire Department anticipates to spend $34,000 from Ace Uniforms. Cumulatively, the total cost from this vendor exceeds the $100,000 spending threshold per the City's purchasing policies. City staff, including the Purchasing Division, have researched other uniform suppliers, but Ace Uniforms is currently the only local vendor that can meet both departments' uniform and tailoring requirements. This is important because Ace is uniquely familiar with the tailoring requirements of both departments and they have extensive experience tailoring the uniforms that they sell. Their vertical integration of the uniform purchase with the tailoring provides the best service to the City. There are other uniform vendors that sell uniforms, but since they are not within the San Diego County region, a separate tailor would need to be identified. The Fire Department purchases garments made of Nomex flame retardant material which requires special handling during the tailoring process. This makes finding a separate tailor who has experience with Nomex a challenge. Overall, the convenience for the officers and firefighters who are getting new uniform garments is significantly enhanced by having a "one stop shop" for uniform outfitting. City of Chula Vista Page 1 of 2 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 58 File#: 14-0201, Item#: 4. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The purchase of uniforms supports the goal of Strong and Secure Neighborhoods by equipping public safety personnel with necessary resources to provide a safe community. CURRENT YEAR FISCAL IMPACT Approval of this resolution will authorize the Police and Fire Departments to purchase uniforms from Ace Uniforms. These costs are already included each department's budget, resulting in no additional fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. City of Chula Vista Page 2 of 2 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 59 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE POLICE AND FIRE DEPARTMENTS TO PURCHASE UNIFORMS FROM ACE UNIFORMS WHEREAS, Ace Uniforms provides both the Police and Fire Departments with uniform pants,uniform shirts,boots, duty belt gear and uniform alteration services; and WHEREAS, the Police Department anticipates to spend $85,000 and the Fire Department anticipates to spend $34,000 from Ace Uniforms in the current fiscal year; and WHEREAS, cumulatively, the total cost from this vendor exceeds the $100,000 spending threshold per the City's purchasing policies; and WHEREAS, City staff have researched other uniform suppliers, but Ace Uniforms is currently the only local vendor that can meet both departments' uniform and tailoring requirements; and WHEREAS, Chula Vista Municipal Code Section 2.56.070(B)(4)permits the City Council to waive formal competitive bidding requirements when a commodity or service is available from only one known source as the result of unique performance capabilities and manufacturing processes which is the case here with Ace Uniforms. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive the competitive formal bid requirement and authorize the Police and Fire Departments to purchase uniforms from Ace Uniforms. Presented by: Approved as to form by: David Bejarano Glen R. Googins Police Chief City Attorney 2014-04-15 Agenda Packet Page 60 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0204, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO TO LEASE A PORTION OF CITY OWNED LAND LOCATED AT ROHR PARK FOR THE CONSTRUCTION AND OPERATION OF A PARKING LOT TO SUPPORT OPERATIONS OF THE COUNTY OWNED PROVENCE HOUSE AS A REGIONAL EVENT CENTER AND APPROPRIATING $30,000 TO THE NON DEPARTMENTAL BUDGET TO IMPROVE THE CITY'S RANGER STATION IN ROHR PARK (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopts the resolution. SUMMARY The County of San Diego owns Provence House, a small property surrounded by Rohr Park and located at 4370 Sweetwater Road. The County is planning to utilize this site as an event center for community groups and private parties. Currently there is insufficient parking on site to accommodate these uses. The County is requesting to lease a portion of Rohr Park immediately west of their site that will allow them to construct and operate a parking lot. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 11(b) categorical exemption pursuant to Section 15311 [Small parking lots and accessory structures] of the State CEQA Guidelines because the activity consists of construction, leasing and operation of a small parking lot, in compliance with applicable city codes on an existing City owned public park facility. Thus no further CEQA environmental review is required. BOARD/COMMISSION RECOMMENDATION None DISCUSSION The County of San Diego owns Provence House, a small property surrounded by Rohr Park and located at 4370 Sweetwater Road. The County is planning to utilize this site for community groups and functions however there is insufficient parking on site to accommodate these uses. They approached the City about leasing a portion of Rohr Park immediately west of their site so that they could develop a parking lot. The County also proposed enhancements to the adjacent segment of the City trail that circles Rohr Park and a provision that allows the City to utilize this new lot for Rohr Park access at times when it is not being used for County functions. After several months of negotiations a tentative agreement has been reached. Because this agreement needs the approval of the City Council and the Board of Supervisors it is being brought to City Council at this time. The proposed key terms for this agreement are summarized below: City of Chula Vista Page 1 of 3 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 61 File#: 14-0204, Item#: 5. The property to be leased is comprised of approximately 30,300 square feet of park land at the northern edge of Rohr Park immediately adjacent to Sweetwater Road and the County's Provence House property. (Note: The Property is part of a parcel originally transferred by the County to the City in 1984. The proposed use is consistent with a restrictive covenant placed on the property by the County when it was transferred to the City) Improvements. The County is required to improve the Property by June 30, 2015 with a parking lot comprised of approximately 35 spaces and improvements to the existing Rohr Park trail. Final design is subject to reasonable City approval. No other improvements or uses are allowed without prior City approval. Term. The initial lease term is 20 years, with two extension terms of 15 years and 10 years, respectively. Extensions are subject to City Manager's reasonable approval. Consideration. In consideration for the lease, County will provide the City (1) nominal "rent" in the amount of $1 per year; (2) use of the parking lot for Rohr Park access when not being used for Event Center activities; (3) a lump sum payment of$30,000 to be used by the City within 2 years to rehabilitate and improve a vacant City ranger station (currently contemplated for use as a concession stand serving Rohr Park patrons); and (4) free access to the Event Center each year for up to 4 City-sponsored events. Staff believes that given the added parking and increased access provided by this project, the loss of a small amount of passive park area is acceptable. Additionally, the City will not be responsible for maintaining this park area or the County constructed parking improvements. The money for the rehabilitation and improvement of the ranger station will also add a park amenity for Rohr Park patrons. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This lease supports the goal of a Connected Community by increasing resident's quality of life through increased access to facilities and programs. CURRENT YEAR FISCAL IMPACT With the approval of this Agreement the City will receive one dollar a year ($20.00) paid in advance. Additionally the City will receive a lump sum payment of $30,000 to be used to improve the City's ranger station in Rohr Park. These funds will be appropriated to the Non Departmental budget. ONGOING FISCAL IMPACT City of Chula Vista Page 2 of 3 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 62 File#: 14-0204, Item#: 5. None. Under the lease the County will be responsible for both the construction costs and the ongoing maintenance costs of the parking facility improvements. City of Chula Vista Page 3 of 3 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 63 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO TO LEASE A PORTION OF CITY OWNED LAND LOCATED AT ROHR PARK FOR THE CONSTRUCTION AND OPERATION OF A PARKING LOT TO SUPPORT OPERATIONS OF THE COUNTY OWNED PROVINECE HOUSE AS A REGIONAL EVENT CENTER AND APPROPRIATING $30,000 TO THE NON DEPARTMENTAL BUDGET TO IMPROVE THE CITY'S RANGER STATION IN ROHR PARK (4/5ths VOTE REQUIRED) WHEREAS, the County of San Diego owns Provence House, a small property surrounded by the City owned Rohr Park and located at 4370 Sweetwater Road; and WHEREAS, the County desires to utilize this site for community groups and functions however there is insufficient parking on site to accommodate these uses; and WHEREAS, the County wishes to lease a portion of Rohr Park immediately west of their site so that they could develop a parking lot. WHEREAS, the City and County have negotiated a lease to allow the County to develop and operate a parking lot on City owned land; and WHEREAS, in consideration of said lease the County has agreed to provide the City with the right to utilize said parking lot and Provence House at times and during periods prescribed in said lease and a one-time payment of $30,000 to improve and develop an existing vacant City building in the park to be used as an amenity to the Park. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Lease and Improvement Agreement between the City and the County of San Diego, 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 Mayor to execute same. BE IT RESOLVED FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves an appropriation of $30,000 to the Non CIP Project category of the Non Departmental for improvements of the City's Ranger Station at Rohr Park to be offset by funding received by the County of San Diego. 2014-04-15 Agenda Packet Page 64 Resolution No. Page 2 Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director, Public Works City Attorney 2014-04-15 Agenda Packet Page 65 vq� ^"t'af��t�` •_- ''`�," ����'`'�11•'~,�.�*c-+f}"" -•t Y� -'� rJ� - A+5 r - -r '7•` - '. •. er�fy rr4�.r.- M1 �f� �.'tYT/ s .J rj j�^t C;. (`�J• Q ifs--'• �,�� y } y1�'�' w �� �__ �- ,� r.� 't�',. d ! •i �.r����" - ,•,i�•-- � - f- �c "ter; IN ADS _01 ui JLIT -- ..r. I •! � �^t.. T,}v r f. __ Jl5 ' it-• . ii �' � �\"1 .r` � � -�� , - 'i` r •fir � z- �,• O � l� \. J .3 Cl {•! fC r . Lo r t r r Aw N n o s c°o 0 0 0 f u di Q U t - T — LLI' 4 •' �1 Jills� z Q J W 2 U Z City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0220, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE THOMAS LAW GROUP FOR ATTORNEY SERVICES RELATED TO THE PREPARATION OF LAND USE IMPLEMENTATION AND ENVIRONMENTAL DOCUMENTS FOR THE UNIVERSITY PARK AND INNOVATION DISTRICT RECOMMENDED ACTION Council adopt the resolution. SUMMARY On January 7, 2014 the City Council authorized the hiring of outside legal counsel services to assist the City Attorney's office on the review of the transactional and environmental/entitlement work required for the City's University Park and Innovation District (UPID) project. Pursuant to the City Council's authorization the City Attorney's office has retained Stradling, Yocca, Carlson & Rauth, PC for the transactional work. City Council had also authorized the hiring of the Norton, Moore and Adams, LLP law firm for the environmental/entitlement work, but subsequent to the January 7th approval the Norton, Moore and Adams, LLP law firm withdrew from consideration for the subject environmental/entitlement work. In the next several weeks, preparation of the requisite land use implementation documents (i.e., Sectional Planning Area (SPA) Plan and Environmental Impact Report (EIR)) for the UPID will commence. In light of the impending start of the this work, retaining outside counsel for the subject environmental/entitlement work required for the UPID project is now again timely. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION As indicated on the attached January 7, 2014 City Council Agenda Statement (Attachment A), the City Attorney's office previously placed advertisements in the San Diego Daily Transcript and Los Angeles Daily Journal for a Request for Qualifications/Proposal (RFQP) from attorneys and law firms to submit their qualifications and proposal to assist the City Attorney's office in review of the transactional and environmental/entitlement work required for implementing the UPID. City of Chula Vista Page 1 of 3 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 68 File#: 14-0220, Item#: 6. The RFQP process resulted in the submission of qualifications/proposals from eleven (11) attorneys/law firms from around the state. After reviewing the qualifications/proposals, Stradling, Yocca, Carlson & Rauth, PC was selected for the transactional work, and as discussed above, has since been retained. Norton, Moore and Adams, LLP was previously selected for the environmental/entitlement work, but, also as discussed above, has withdrawn from consideration. As such, staff has again reviewed the qualifications/proposals and has determined that the Thomas Law Group is also highly qualified to assist the City Attorney's office in review of the environmental/entitlement work required for the UPID. City Attorney's office staff have prepared a Legal Services Agreement (Attachment B) with Thomas Law Group so that they may begin work on the UPID. The costs for retaining the Thomas Law Group will be covered by monies deposited with the City in accordance with the Land Offer Agreements (LOAs) and a federal grant received by the City. Payment to the Thomas Law Group for work conducted will be on a "time and material basis." Thomas Law Group's rate is $350/hour. This rate is very reasonable in the market given the high level of work being performed and the experience levels of the lawyers and is also commensurate with the Norton, Moore and Adams, LLP law firm rate of $340/hour. Furthermore, the Thomas Law Group has reduced their rates because the City is a public entity and they have committed to implement measures to manage costs. Pursuant to Municipal Code section 2.56.110(F), City Council approval is required for this Legal Services Agreement because the agreement will exceed the $50,000 threshold authorizing the City Attorney to retain outside council services. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed UPID addresses the Economic Vitality goal in that implementation of the UPID will assist in creating a locally based professional work force within the City. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund related to this agreement. The costs for retaining the Thomas Law Group will be covered by monies held on deposit for the University project which currently has a balance of approximately $775,000. These funds are also available to reimburse for staff time and consultant costs associated with work on the UPID. ONGOING FISCAL IMPACT If funds on deposit are exhausted prior to completion of the work associated with the subject Legal Service Agreement, staff will return to the City Council for appropriation requests and alternative City of Chula Vista Page 2 of 3 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 69 File#: 14-0220, Item#: 6. funding sources. ATTACHMENTS Attachment A - January 7, 2014 City Council Agenda Statement Attachment B - Legal Services Agreement for the Environmental/Entitlement Work Attachment C - Resolution for Environmental/Entitlement Work City of Chula Vista Page 3 of 3 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 70 City of Chula Vista 6 Legislation Text File #: 14-0002, Version: 1 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRADLING YOCCA CARLSON AND RAUTH PC FOR ATTORNEY SERVICES RELATED TO TRANSACTIONAL WORK FOR THE IMPLEMENTATION OF THE UNIVERSITY PARK AND INNOVATION DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NORTON MOORE AND ADAMS FOR ATTORNEY SERVICES RELATED TO THE PREPARATION OF LAND USE IMPLEMENTATION AND ENVIRONMENTAL DOCUMENTS FOR THE UNIVERSITY PARK AND INNOVATION DISTRICT RECOMMENDED ACTION Council adopt the resolutions. SUMMARY In 2008, the City entered into Land Offer Agreements that will provide approximately 375 acres of land to the City for a University Campus and Innovation District (UCID). With the City expecting to receive much of the land within the next year, staff is working on several activities that are foundational to continued planning and ultimate development of the UCID. This report presents the additional legal assistance that will be required to implement the UCID, and includes the following items: 1) approval of a Legal Services Agreement between Stradling, Yocca, Carlson & Rauth, PC and the City to provide outside counsel services for the required transactional work to implement the UCID; and 2) a second Legal Services Agreement between Norton, Moore and Adams, LLP and the City to provide attorney services with regard to land use implementation documents (i.e., preparation of a Sectional Planning Area (SPA) Plan and a programmatic Environmental Impact Report (EIR)) for the UCID. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Since the adoption of the Otay Ranch General Development Plan in 1993, the City of Chula Vista has maintained a vision of locating a university within the Otay Ranch. This vision is also reflected in the City of Chula Vista Page 1 of 4 Printed on 1/3/2014 2014-04-15 Agenda Packet -Page 71 2014-01-07 Agenda Packet Page#86 File #: 14-0002, Version: 1 General Plan. While the properties have been designated "University" with a secondary residential land use should the University not become a reality, they have been held in private, rather than public, ownership. In 2001, progress in assembling the land necessary to locate the University was made with the acquisition of approximately 140 acres of developable land for university purposes. It was understood that additional acreage was required to realize the land mass envisioned for the University by the General Plan and Otay Ranch General Development Plan (ORGDP). In 2007, the City began negotiating with the landowners to facilitate the acquisition of land necessary for the future development of a University and a Regional Technology Park while also providing equitable benefit to the landowners. In 2008, and as subsequently amended in 2010, the City of Chula Vista entered into two separate Land Offer Agreements (LOAs) with the Otay Land Company (OLC), a subsidiary of HomeFed, and JPB Development. Through a combination of land exchanges and agreements for expedited entitlement processing, the City of Chula Vista has reached agreement on how it would assemble approximately 375 acres of land for the UCID. These applications are currently being processed (e.g., OLCs Village 8 West was recently approved by City Council) with the remaining entitlements expected to be before City Council over the next year. Since the City is expecting to receive much of this land within the coming year, planning for the UCID is timely. The City has entered into an Exclusive Negotiating Agreement with HomeFed to serve in the role of Master Developer. Staff has been meeting with representatives from HomeFed regularly and has developed a conceptual framework for project implementation (including both transactional and land use entitlement elements) that has been agreed to by both parties. In addition, Development Services City staff has contracted with a number of consultants over the past year to provide professional services related to the preparation of land use entitlement documents (i.e., the SPA Plan and Programmatic EIR). Due to limited resources and the focused specialized effort required it will take to final negotiations and to fully document the transactional arrangements and entitlement work necessary to implement the UCID, the City Attorney's Office, also requires additional legal resources. As such, the City Attorney's Office placed advertisements in the San Diego Daily Transcript and Los Angeles Daily Journal for a Request for Qualifications/Proposal (RFQP) from attorneys and law firms to submit their qualifications and proposal to assist the City Attorney's Office in implementing the UCID. The RFQP process resulted in the submission of qualifications/proposals from eleven (11) attorneys/law firms from around the state. The City Attorney's Office created an in-house selection committee (the "Selection Committee"), familiar with the UCID, to review the qualifications/proposals. The Selection Committee included: the City Attorney, Assistant City Manager, Deputy City Attorney III and Assistant Development Services Director. Out of the eleven (11) attorneys/law firms that submitted their qualifications/proposals, the following five (5) were invited for an interview by the Selection Committee: Higgs, Fletcher & Mack, LLP Morrison & Foerster, LLP Norton, Moore and Adams, LLP Stradling, Yocca, Carlson & Rauth, PC Thomas Law Group The Selection Committee reviewed and ranked the proposals based on firm experience, quality of City of Chula Vista Page 2 of 4 Printed on 1/3/2014 2014-04-15 Agenda Packet -Page 72 2014-01-07 Agenda Packet Page#87 File #: 14-0002, Version: 1 management team, capacity to perform the work, project understanding, proposal quality and clarity, local experience, and billing rates. All five (5) of the above law firms are highly qualified to assist the City Attorney's Office with both the transactional and entitlement work to implement the UCID. After Selection Committee interviews, however, the Selection Committee rated highest and chose Stradling, Yocca, Carlson & Rauth, PC for the transactional work and Norton, Moore and Adams, LLP for the entitlement work. Both firms have performed high quality work for the City in the past. City Attorney's Office staff have prepared separate Legal Services Agreements (attached) with each of the selected law firms so that they may begin work on the UCID. The costs for retaining these two (2) law firms will be covered by monies deposited with the City in accordance with the LOAs and a federal grant received by the City. Payment to the law firms for work conducted will be on a "time and material basis." Stradling, Yocca, Carlson & Rauth, PC's top billing rate is $425 per hour. Norton, Moore and Adams, LLP's rate is $340. These rates are very reasonable in the market given the high level of work being performed and the experience levels of the lawyers. Furthermore, both firms have reduced their rates because the City is a public entity and they have committed to implement measures to manage costs. Pursuant to Municipal Code section 2.56.110(F), City Council approval is required for these two Legal Services Agreements because each agreement will exceed the $50,000 threshold authorizing the City Attorney to retain outside council services. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed UCID addresses the Economic Vitality goal in that implementation of the UCID will assist in creating a locally based professional work force within the City. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund related to these agreements. The costs for retaining these two (2) law firms will be covered by monies held on deposit for the University project which currently has a balance of approximately $775,000. These funds are also available to reimburse for staff time and consultant costs associated with work on the UCID. . ONGOING FISCAL IMPACT If funds on deposit are exhausted prior to completion of the work associated with the subject Legal Services Agreements, staff will return to the City Council for appropriation requests and alternative funding sources. ATTACHMENTS Attachment A - Resolution for Transactional Work Attachment B - Legal Services Agreement for the Transactional Work City of Chula Vista Page 3 of 4 Printed on 1/3/2014 2014-04-15 Agenda Packet -Page 73 2014-01-07 Agenda Packet Page#88 File M 14-0002, Version: 1 Attachment C - Resolution for Entitlement Work Attachment D - Legal Services Agreement for the Entitlement Work City of Chula Vista Page 4 of 4 Printed on 1/3/2014 2014-04-15 Agenda Packet -Page 74 2014-01-07 Agenda Packet Page#89 LEGAL SERVICES AGREEMENT (University Campus and Innovation District) This LEGAL SERVICES AGREEMENT (University Campus and Innovation District) ("Agreement") is entered into as of the day of , 2014 ("Effective Date"), by and between the CITY OF CHULA VISTA, a Charter Municipal Corporation (hereinafter the"CITY") and the THOMAS LAW GROUP (hereinafter"ATTORNEYS"). RECITALS The following Recitals are a substantive part of this Agreement: A. In 2008, the City entered into Land Offer Agreements ("LOAs") that will provide approximately 375 acres of land to the City for a University Campus and Innovation District ("UCID"). B. City staff is working on several activities that are foundational to the continued planning and ultimate development of the UCID. C. The City Attorney has determined that additional legal assistance will be required to implement the UCID. D. The City Attorney's Office placed advertisements in the San Diego Daily Transcript and Los Angeles Daily Journal for a Request for Qualifications/Proposal ("RFQP") from attorneys and law firms to submit their qualifications and proposal to assist the City Attorney's Office in implementing the UCID. E. The RFQP process resulted in the submission of qualifications/proposals from eleven(11) attorneys/law firms from around the state. F. The City Attorney's Office created an in-house selection committee ("Selection Committee") familiar with the UCID to review the qualifications/proposals. G. The Selection Committee reviewed and ranked the proposals based on firm experience, quality of management team, capacity to perform the work, project understanding, proposal quality and clarity, local experience, and billing rates. H. After Selection Committee interviews, the Selection Committee rated and chose the Thomas Law Group for the subject environmental/entitlement work. I. ATTORNEYS represent that they are highly qualified by virtue of experience, training, education and expertise to accomplish the services necessary under this Agreement. J. The City Council approved this Agreement between the City of Chula Vista and the Thomas Law Group for attorney services related to environmental/entitlement work for the implementation of the UCID, 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 authorized and directed the City Attorney or designee to execute the same. 1 2014-04-15 Agenda Packet Page 75 AGREEMENT FOR VALUABLE CONSIDERATION THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement. This Agreement shall terminate when the parties have complied with all executory provisions hereof as determined solely by the City Attorney. 2. Services to be Provided. The services to be performed by ATTORNEYS shall consist of any and all tasks reasonably required to advise, assist and fully represent the CITY in all legal matters presented to ATTORNEYS, wherein ATTORNEYS are consulted by or appear on behalf of the CITY, regarding providing legal support for the implementation of the UCID including the environmental/entitlement work and any related work as determined by the City Attorney. ATTORNEY'S services shall include, but are not limited to, any and all reasonably required legal representation on behalf of the CITY as determined solely by the City Attorney or designee. 3. Compensation -ATTORNEY shall be compensated as follows: 3.1 Amount. The CITY shall compensate ATTORNEYS for services rendered at the following hourly rates: Tina A. Thomas $350/hour Marianne O. Greene $325/hour Ashle T. Crocker $300/hour Nicholas S. Avdis $300/hour Meghan M. Dunnagan $275/hour Amy R. Higuera $275/hour Christopher J. Butcher $275/hour Michael J. Minkler $275/hour Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as defined below, such hourly compensation shall be the sole and total remuneration for services rendered pursuant to this Agreement. Attorney fees are not contingent upon any aspect of the matter. 3.2 Billing. ATTORNEYS agree to provide detailed invoicing of all billing for services on a monthly basis. Monthly invoices shall begin on the first of the month following the execution of the Agreement herein. All charges must be itemized by ATTORNEYS, showing in detail the work task performed during the billing entry. All charges must be presented in a line item format and in a manner such that each task is separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The invoice shall include the amount,billing rate and basis for calculation of all fees and costs. The CITY will not accept, and will not be responsible for block or cumulative invoice entries. ATTORNEYS shall not charge the CITY for more than one ATTORNEY'S time when 2 2014-04-15 Agenda Packet Page 76 appearing at a meeting, in Court, or for performing any task unless the CITY has expressly authorized the use of two or more ATTORNEYS for the appearance or task. All billing for work performed under this Agreement shall be sent to the following: Glen R. Googins, City Attorney Michael J. Shirey, Deputy City Attorney III City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5037 With a copy to: Eric Crockett Assistant Director Development Services City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3.3 Reimbursements for Expenses. ATTORNEYS shall keep accurate records of all costs, travel and expenses. These records shall be made available to the CITY upon reasonable request. The CITY will reimburse actual, reasonable and necessary out of pocket expenses incurred by ATTORNEYS in performing any services under this Agreement as follows: a. Photocopying charges at no more than $0.15 per page. b. Facsimile charges at no more than $1.00 per page. C. Computerized legal research at the actual amount charged to ATTORNEYS. However, all computerized legal research must be authorized and approved in advance by the CITY. d. Parking Fees at the actual amount charged to ATTORNEYS. e. Travel/Mileage at the rate of $0.45 per mile. Any travel fees incurred outside of Orange County and San Diego County must be authorized and approved in advance by the CITY. f. Statutory Fees, Witness Fees, Reporters Fees, Stenographic Transcription, jury fees and the cost of serving process actually incurred by ATTORNEYS. g. ATTORNEYS may seek reimbursement for any actual, reasonable and necessary expenses incurred on items not identified above with the prior authorization and approval by the CITY. The CITY will not reimburse ATTORNEYS for any additional charges incurred due to 3 2014-04-15 Agenda Packet Page 77 "rush" deliveries or "late" charges, unless such expenses are approved in advance by the CITY and the need for such services is determined by the CITY to be reasonably beyond the control of ATTORNEYS. To obtain reimbursement, ATTORNEYS shall submit a monthly summary of expenses, along with all supporting receipts, within thirty (30) days of the expense being incurred. 3.4 Expert Consultations and Witnesses. Expert consultations and witnesses, and any investigators, may be retained on terms acceptable to the CITY, authorized and approved in advance, for which the CITY shall reimburse the ATTORNEYS or pay investigators, consultants or experts directly. In no event shall ATTORNEYS retain any service of any expert, investigator or consultant without first receiving express authorization and approval from the CITY. 4. Insurance. 4.1 Professional Errors and Omissions Insurance. ATTORNEYS shall obtain and maintain in full force and effect at all times Professional Errors and Omissions Liability Insurance. Such insurance shall provide coverage in an amount not less than five million dollars ($5,000,000.00) per occurrence and ten million dollars ($10,000,000.00) aggregate. The CITY reserves the right to require insurance for a higher coverage than the minimum limits noted above. All insurance carriers shall hold a Best rating of"A+" or better. The insurance policy required under this paragraph shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, given to the CITY. Said insurance policy shall provide coverage for any damages or losses suffered by the CITY as a result of any error or omission, or neglect by ATTORNEYS which arise out of the services rendered under this Agreement. Such insurance may not be subject to a self-insured retention or deductible in an amount in excess of Five thousand($5,000.00) dollars without prior written authorization and approval by the CITY. ATTORNEYS shall, within ten (10) days after entering into this Agreement, and before commencing or performing any services under the Agreement, deposit with the CITY a certificate of insurance certifying that all insurance required herein is, and will be, in full force and effect from the time the Agreement is entered into until completion or termination of this Agreement. The certificate of insurance must be renewed at least fifteen (15) days prior to expiration. ATTORNEYS shall not commence any work under this Agreement until ATTORNEYS have obtained all CITY-approved insurance. The foregoing Professional Errors and Omissions Liability Insurance shall be carried only by responsible insurance companies licensed to do business in California. The policy shall contain language to the effect that: (1) the insurer waives any right of subrogation against the CITY and the CITY's elected officials, officers, employees, agents, and representatives; 4 2014-04-15 Agenda Packet Page 78 (2)insurance shall be primary non-contributing and any other insurance carried by the CITY shall be excess over such insurance; and, (3) such insurance shall not be cancelled or materially changed except after thirty (30) days' notice by the insurer to the CITY by certified mail. ATTORNEYS shall furnish the CITY with copies of all applicable policies promptly upon receipt. Nothing in this section shall be construed to make ATTORNEYS other than a Consultant for all purposes. ATTORNEYS agree to notify the CITY in the event that the limits shall fall below the coverage stated above or if the insurance policies noted here are allowed to lapse and substitute insurance is, or is not, obtained. 4.2 Workers Compensation Insurance. ATTORNEY shall obtain and maintain workers compensation insurance in accordance with section 3700 of the California Labor Code. 5. Indemnification. ATTORNEYS agree to protect, hold harmless, defend, and indemnify the CITY, its employees, elective or appointive boards, officers, agents, agenda and affiliates, from any and all loss, claims liabilities, expenses, or damages of any nature whatsoever, including attorneys' fees, arising out of or in any way connected with the performance of, or services rendered by, ATTORNEYS, ATTORNEYS' agents, officers, employees, sub-contractors or independent contractors of ATTORNEYS, except where the loss or liability is due to the sole negligence or willful misconduct of the CITY; provided however, that this indemnification shall not apply so long as ATTORNEYS maintain in effect the Professional Errors and Omissions Liability Insurance in an amount not less than five million dollars ($5,000,000.00) per occurrence and any loss, claims, liabilities, expenses or damages to CITY are covered pursuant to other general liability insurance maintained by ATTORNEYS with the City named as additional insured. 6. Ci , Agent._ Glen R. Googins, City Attorney, or his designee, for the purposes of this Agreement, is the Agent for the CITY. Whenever authorization or approval is required, ATTORNEYS understand that the City Attorney has the authority to provide the authorization or approval. 7. Independent Contractor. ATTORNEYS, and anyone employed by ATTORNEYS, are not and shall not be, deemed employees of the CITY. ATTORNEYS are solely responsible for the payment of employment taxes,workers compensation taxes, and any other taxes for employees. 8. Conflict of Interest. ATTORNEYS represent that they presently have no material financial interest other than that which may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of the CITY which may be affected by the services to be performed by ATTORNEYS under this Agreement. ATTORNEYS further agree that no 5 2014-04-15 Agenda Packet Page 79 person having any such interest shall be employed by them. If ATTORNEYS, or their employees, acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the CITY and the interested individual shall abstain from any contracts or decisions under this Agreement. In addition to the proscriptions regarding conflicts of interest imposed on ATTORNEYS by the Business and Professions Code and by California Rules of Professional Conduct, ATTORNEYS represent that no ATTORNEY shall represent clients before any board, commission, committee or agency of the CITY or represent any client with interests adverse to the CITY. Furthermore, ATTORNEYS shall at all times avoid conflicts of interest or the appearance of a conflict of interest in performance of this Agreement. ATTORNEYS shall immediately notify the City Attorney of any circumstances, or change of circumstances, that may provide for the potential for a conflict of interest, or actual conflict of interest. 9. Non-Liability of Officials/Employees of the City. No official or employee of the CITY shall be personally liable for any default or liability under this Agreement. 10. Compliance with Law. ATTORNEYS shall comply with all applicable laws, ordinances, codes and regulations of the Federal, State and local governments. In addition, ATTORNEYS agree to abide by all ethical and moral standards as represented by the Rules of Professional Conduct as applied to the California State Bar. 11. Work Product. All documents, or other information developed or received, by ATTORNEYS shall be the property of the CITY. ATTORNEYS shall provide the CITY with copies of items upon reasonable demand and upon termination of this Agreement. 12. Notices. All notices shall be personally delivered or mailed, via first class mail, to the below listed address. In addition, such addresses shall be used for delivery for service of process. ATTORNEYS agree to notify the CITY within ten (10) days of the date of any change of address and agree to keep an updated address with the applicable Courts on any matters that ATTORNEYS are representing the CITY. a. Address of ATTORNEYS is as follows: Thomas Law Group 455 Capital Mall, Suite 801 Sacramento, CA 95814 Attn: Tina A. Thomas b. Address of CITY is as follows: Glen R. Googins, City Attorney/General Counsel 6 2014-04-15 Agenda Packet Page 80 Michael J. Shirey, Deputy City Attorney III/Deputy General Counsel Eric Crockett, Assistant Director Development Services City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 13. Default/Termination of Agreement. CITY and ATTORNEYS shall have the right to terminate this Agreement without cause by giving fifteen (15) written notice. However, ATTORNEYS shall not substitute out as Attorneys of record on any matters it may be representing the CITY without first obtaining written consent from the CITY, or first obtaining an appropriate Court Order, allowing ATTORNEYS to withdraw as counsel of record. 14. Limitations Upon Assignment/Subcontracting. ATTORNEYS agree that no portion of their performance or services rendered under this Agreement shall be assigned by ATTORNEYS or subcontracted to any other without prior written authorization and approval of the City Attorney. 15. Non-Discrimination. ATTORNEYS covenant there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. 16. Time of Essence. Time is of the essence in the performance of this Agreement. 17. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement as herein stated. 18. Ci , /Audit The CITY is required to complete an annual audit. The Auditors may contact and require some input from ATTORNEYS concerning matters ATTORNEYS are engaged for the CITY. ATTORNEYS agree to cooperate, at no charge to the CITY, for such cooperation or input as part of Attorney costs of service for the CITY. 19. Entire Agreement. This Agreement represents the Parties' final and mutual understanding. This Agreement supersedes any previous Agreements, oral or written. 20. Modification. This Agreement shall not be modified or replaced except by another signed, written 7 2014-04-15 Agenda Packet Page 81 Agreement,properly executed by the parties. 21. Waiver. The waiver of any breach or any provision of this Agreement does not waive any other breach of that term, or any other term, in this Agreement. 22. Partial Invalidity. If any part of this Agreement is found for any reason to be unenforceable, all other parts nonetheless shall remain in force. 23. Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of California. Any action commenced regarding this Agreement shall be filed in the Central Branch of the San Diego Superior Court. 24. Interpretation. This Agreement shall be interpreted as though prepared by both parties. 25. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CITY and ATTORNEYS survive the termination of this Agreement. 26. Financial Interests. If ATTORNEYS are designated on Exhibit A, as a Fair Political Practices Commission ("FPPC") Filer, ATTORNEYS are deemed to be a"Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Exhibit A, or if none are specified, then as determined by the City Attorney. [Remainder of page intentionally left blank] 8 2014-04-15 Agenda Packet Page 82 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. CITY OF CHULA VISTA, a Charter Municipal Corporation By: Glen R. Googins City Attorney ATTEST: By: City Clerk THOMAS LAW GROUP By: Tina A. Thomas Approved as to Form: Glen R. Googins City Attorney J:\Attorney\MichaelSh\University\LSA\C C\TLG\Agreements\Leg alServicesAgrmnt-TLG-4.8.14-FINAL.doc 9 2014-04-15 Agenda Packet Page 83 EXHIBIT "A" TO LEGAL SERVICES AGREEMENT STATEMENT OF ECONONHC INTERESTS Attorneys: (X) Not Applicable. Not a Fair Political Practices Commission("FPPC")Filer. ( ) FPPC Filer. If Attorneys in the performance of its services under this agreement: (1) conducts research and arrives at conclusions with respect to its rendition of information, advice, recommendations or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC Filer. If Attorneys are designated as FPPC filers, specify below which disclosure categories apply: ( ) 1. All investments, sources of income and business positions; ( ) 2. Interests in real property; ( ) 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory,permit or licensing authority of the department; ( ) 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property; ( ) 5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the Redevelopment Agency to provide services, supplies, materials, machinery or equipment; ( ) 6. Investments and business positions in business entities and sources of income that, within the past two years,have contracted with the designated employee's department to provide services, supplies,materials,machinery or equipment; ( ) 7. List Attorneys' interests in real property within 2 radial miles of Project Property, if any: 10 2014-04-15 Agenda Packet Page 84 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE THOMAS LAW GROUP FOR ATTORNEY SERVICES RELATED TO THE PREPARATION OF LAND USE IMPLEMENTATION AND ENVIRONMENTAL DOCUMENTS FOR THE UNIVERSTY PARK AND INNOVATION DISTRICT WHEREAS, in 2008, the City entered into Land Offer Agreements (LOAs) that will provide approximately 375 acres of land to the City for a University Park and Innovation District (LIPID); and WHEREAS, the City is expecting to receive much of the land within the next year; and WHEREAS, staff is working on several activities that are foundational to the continued planning and ultimate development of the LIPID; and WHEREAS, additional legal assistance will be required to implement the LIPID; and WHEREAS, the City has entered into an Exclusive Negotiating Agreement (ENA) with HomeFed to serve in the role of Master Developer for the LIPID; and WHEREAS, staff has been meeting with representatives from HomeFed weekly and has developed a framework for the transactional and environmental/entitlement work that has been agreed to by both parties to implement the LIPID; and WHEREAS, due to limited resources and the time that it will take to conduct all of the transactional and environmental/entitlement work to implement the LIPID, the City Attorney's office requires additional legal resources to have the UPID come to fruition; and WHEREAS, as such, the City Attorney's office placed advertisements in the San Diego Daily Transcript and Los Angeles Daily Journal for a Request for Qualifications/Proposal (RFQP) from attorneys and law firms to submit their qualifications and proposal to assist the City Attorney's Office in implementing the LIPID; and WHEREAS, The RFQP process resulted in the submission of qualifications/proposals from eleven (11) attorneys/law firms from around the state; and WHEREAS, the City Attorney's office created an in-house selection committee (the "Selection Committee"), familiar with the LIPID, to review the qualifications/proposals; and 2014-04-15 Agenda Packet Page 85 Resolution No. Page 2 WHEREAS, the Selection Committee reviewed and ranked the proposals based on firm experience, quality of management team, capacity to perform the work, project understanding, proposal quality and clarity, local experience, and billing rates; and WHEREAS, after Selection Committee interviews, the Selection Committee rated and chose Stradling, Yocca, Carlson & Rauth, PC for the transactional work and Norton, Moore and Adams, LLP for the environmental/entitlement work; and WHEREAS,Norton,Moore and Adams, LLP has withdrawn itself from consideration for the environmental/entitlement work; and WHEREAS, staff has again reviewed the qualifications/proposals and has determined that the Thomas Law Group is also highly qualified to assist the City Attorney's office in review of the subject environmental/entitlement work required for the LIPID. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Resolution of the City Council of the City of Chula Vista approving a Legal Services Agreement between the City of Chula Vista and the Thomas Law Group for attorney services related to the preparation of land use implementation and environmental documents for the University Park and Innovation District, 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 Attorney or designee to execute the same. Presented by Approved as to form by Glen R. Googins Glen R. Googins City Attorney City Attorney 2014-04-15 Agenda Packet Page 86 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0118, Item#: 7. CONSIDERATION OF 1) A PRECISE PLAN (PCM-13-22) TO ALLOW A MAXIMUM HEIGHT OF 120 FEET (45 FEET MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE AT THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS; AND 2) A DESIGN REVIEW PERMIT (DRC13-31) TO CONSTRUCT THE PARKING STRUCTURE (This item has been continued from the April 8, 2014 meeting.) A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN (PCM-13-22) TO ALLOW A HEIGHT OF 120 FEET (45 MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE TO BE LOCATED WITHIN THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS LOCATED AT 751 MEDICAL CENTER COURT (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT (DRC13-31) FOR A PROPOSED PARKING STRUCTURE ON A SITE LOCATED AT 751 MEDICAL CENTER COURT RECOMMENDED ACTION Council place the ordinance on first reading and adopt the resolution. SUMMARY Sharp Chula Vista Medical Center (the "Applicant,") is requesting a Precise Plan (PCM) in order to increase the allowable building height from 45 feet to 120 feet within the existing campus. This increase in height would allow for the development of a new six-story (seven levels) parking structure (with associated new loop road) to be developed on the existing hospital campus (the "Project"). The project site is located at 751 Medical Center Court on the east side of Medical Center Drive north of Medical Center Court and south of Telegraph Canyon Road (see Attachment 3- Locator Map). In addition to a Precise Plan, a Design Review Permit (DRP) is also required for the new parking structure (see Attachment 7-Proposed Site Plan). The Project is subject to the consolidated permit processing provisions pursuant to Chula Vista Municipal Code (CVMC) Section 19.14.050 (C). Under the consolidated review process, the City Council would be reviewing and acting on the PCM and DRP. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for Class 32 categorical exemption pursuant to Section 15332 (In-Fill Development Project) of the State CEQA Guidelines. Thus, no further environmental review is necessary. City of Chula Vista Page 1 of 9 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 87 File#: 14-0118, Item#: 7. BOARD/COMMISSION RECOMMENDATION On March 12, 2014 the Planning Commission considered the Project and staff's recommendation for the Precise Plan to include the entire property on which the proposed parking structure would be developed. After hearing public testimony and discussing the proposal, the Plannining Commission amended staff's recommedation in order to restrict the application of the Precise Plan to the boundaries of the proposed parking structure. The Planning Commission approved (5-1-0-1) Resolution No. PCM-13-22 recommending that the City Council approve a Precise Plan to allow a maxmium building height of 120 feet (45 feet maximum currently allowed) to accommodate a proposed parking structure, to be located at the northern edge of the hospital campus. In addition, the Planning Comission provided design review comments on the Project, which they wished to pass along to the City Council (See Attachment 4 - Planning Commission Resolution and Minutes). DISCUSSION Existing Site Characteristics The project site is located south of Telegraph Canyon Road, east of Medical Center Drive and north of Medical Center Court. The site is atop a knoll above surrounding residential development to the south and east. To the north is the Veterans Home and to the east are additional medical offices. The existing campus is developed with hospital towers, convalescent care, medical offices and parking. Existing General Plan, SPA Plan Land Use Designations and Existing land uses General Plan CV Municipal Code PC District Existing Land Use Zoning Land Use Designation Site Public/ Quasi- COP(Administrative N/A Existing Hospital Campus Public and Professional Office/Precise Plan overlay) North Public/ Quasi- R1 H (Residential) N/A Veterans Home Public South Med-high Planned Community RC(Residential condominiums/apartments Residential (PC) Condominium) West Public/ Quasi COP(Administrative N/A Medical Offices -Public and Professional Professional Office /Precise Plan Office Overlay) East Public/Quasi- COP (Administrative N/A Medical Offices Public and Professional Office/Precise Plan overlay City of Chula Vista Page 2 of 9 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 88 File#: 14-0118, Item#: 7. (Medium High (Planned Community I(RC) Residential lResidential Condominiums Residential (PC) Condominium Background The original acute care campus was developed in 1973 with the donation of the land (project site) to start the community hospital of Chula Vista. Over the years, additional campus facilities have been added to keep pace with the health service and emergency care needs of Chula Vista and South Bay residents. The East Tower was the first major medical facility built on the campus in 1979. In 1989 the Birch Patrick Skilled Nursing Facility was built, followed by the expansion of the main hospital (West Tower) in 1991. Each of the two existing 5-story towers have a height of approximately 68 feet. The site is zoned C-O-P (Administrative and Professional Office) with a Precise Plan (P) Modifying District. This (P) modifying district was established in order to allow flexibility in the application of development standards through the establishment of a Precise Plan, which is now being requested. Public Comment A community meeting was held on January 30, 2014 (please see Attachment 3- Community Meeting comments). Concern was expressed by some of the neighbors with regard to potential visual impacts created by the height and bulk of the proposed parking structure. Concern was also expressed about lighting/glare into the adjacent residential areas, as well as noise generated during construction. These concerns were generated by the resident's experience with light spillage into their neighborhoods both during construction and during operation of a newly constructed medical office/treatment facility on the Sharp Medical Center Campus. In addition, neighbors expressed concern regarding hours of construction. (Staff responses to these are discussed in the Analysis section below and in Attachment 5). Project Description The project proposes a Precise Plan to increase the allowable building height for the medical center campus from 45 feet to 120 feet, in order to allow the construction of a six-story (seven levels) parking garage. A new loop road would be constructed around the exterior boundaries of the campus, in order to improve existing circulation patterns, as well as provide a vehicular connection to the proposed parking structure. A Design Review permit is also required for the parking structure. ANALYSIS: Precise Plan The current zoning (C-O-P) for the property (approved in January 1990) establishes a Precise Plan (P) Modifying District for the site. This P modifier provides a process to allow (through the application of a Precise Plan) future deviations from the prescribed development standards of the CO zone. Said deviations provide flexibility in the application of development standards, which become necessary due to the nature of development on the site. For example, hospitals usually contain tall City of Chula Vista Page 3 of 9 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 89 File#: 14-0118, Item#: 7. structures such as towers, which often exceed 45 ft. At this time, building height is the only requested deviation as shown in the Precise Plan (please see Attachment 6 -Proposed Precise Plan). Pursuant to the provisions of the existing zone, a Precise Plan is required to allow a deviation in building height. The applicant has complied with the requirements of Section 19.56.042 of CVMC (Required maps and information) by providing an application submittal package, which includes site plans and elevations for the Project. Section 19.14.576 of the CVMC outlines the required findings that must be established for granting approval of a Precise Plan. Said findings and staff's response to each finding are outlined in the attached Ordinance pertaining to the requested increase in allowable building height for the proposed parking structure. Site Plan/Layout The new parking structure is strategically located in the center of the campus to provide additional parking for the overall campus. It is proposed to be constructed within the location of an existing surface parking lot. This central location will support the acute care facilities, as well as outpatient facilities. The parking structure will be set back 167 feet from the nearest residential property to the northeast of the project site. The loop road will include an enhanced entryway at Medical Center Court adjacent to the hospital on the north side of the campus. The loop road then continues around to the new parking garage reconnecting with Medical Center Court to the south, improving overall vehicular circulation within the campus. Development Standards The parking structure is considered an ancillary use to the existing hospital campus. The height and parking standards for the C-O zone are as follows: C-O Development Standards: PROPOSED for Project Building Height: 45 feet 120 feet Parking: Hospital- 1.5 spaces per bed Hospital 243 beds=365 spaces Existing Parking 1,746 spaces Skilled Nursing 100 beds=150 spaces Subtotal (hospital) 515 spaces Medical Offices- 1 space per 200 square-feet 180,908 square-feet= 905 spaces Net Increase +608 spaces City of Chula Vista Page 4 of 9 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 90 File#: 14-0118, Item#: 7. Total Required 1,420 spaces Total Provided = 2,354 Building Height As discussed previously, the proposed Precise Plan is to provide for an increase in the allowable building height limit of 45 feet. The request is to accommodate a proposed six-story (seven levels) parking structure including elevator unit and architectural appendage feature. Six of the parking levels will be above grade and one below. The top deck of the parking structure will be the same approximate height (67 ft.) as the existing hospital towers on the site. An elevator tower will project beyond the top of parking deck an additional 25 feet in height, in order to accommodate the required elevator machinery above. The top has been designed as a wind scoop to provide passive cooling for the equipment and shaft. From an aesthetic design perspective, the tower has been designed as an architectural element, separate from the structure, and a way finding element to direct visitors to the garage from the loop road. This height allows visitors to orient themselves and locate the structure. A small steel tubing appendage will project above the elevator tower an additional 10 feet. This will result in an overall height of 102 feet. The applicant is requesting a total height allowance of 120 feet. The additional 18 feet would give the applicant flexibility for possible future development plans, which would be subject to further reviews, if and when subsequent plans are submitted. The City has not received any plans or applications for any future development on the site, other than what is currently being proposed. Parking As shown in preceding table, existing parking for the campus exceeds the amount required by the CVMC. The parking garage is being constructed to respond to what the applicant perceives as a current shortage of staff, patient and public parking available to the hospital, as well as to address projected hospital needs through 2030. Upon completion, the proposed parking structure will provide a total of 718 parking spaces and will displace an existing surface parking lot containing 117 spaces. However, at all phases of construction of the parking structure there will be sufficient parking facility-wide. A parking analysis conducted for the project shows that a total of 1 ,746 spaces exist facility wide, which results in surplus of 326 spaces beyond the 1 ,420 spaces currently required. Due to this surplus, during each phase of development, there will be more than enough parking spaces available (based upon required parking) to offset any temporary loss of parking that may occur during construction. Upon completion of the Project, there will be 2,354 parking spaces available overall. Lighting/Noise Lighting along the loop road will consist primarily of uplighting for the landscape vegetation being proposed. Said landscaping will also provide screening from vehicles/headlights. Lighting for the City of Chula Vista Page 5 of 9 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 91 File#: 14-0118, Item#: 7. parking structure will be directed inward toward the structure. No light spillage is anticipated beyond the boundaries of the site. Section 19.66.100 of CVMC indicates no direct or sky-directed glare shall be permitted beyond the property line. A photometric study will be required for review and approval by the City prior to issuance of building permits to ensure compliance with the CVMC. In regard to construction noise, Section 19.68.030 of CVMC specifies that hours of construction are limited to 7 a.m. to 10 p.m. on weekdays, and from 8 a.m. to 10 p.m. on weekends. Design Review Chula Vista Design Manual Chapter 3 of the The Chula Vista Design Manual stipulates design parameters that pertain to site planning, landscape architecture, architecture and signage for the project site. The Design Guidelines contain illustrations and written requirements to implement the design guidance presented therein. Some of the design guidleines also emphasize quality design, site development character and conceptual bui lid ng/parking/open space relationships within the site. Site Layout/Parking Compatibility: (Page III-31) The arrangement of structures, parking and circulation areas, and open spaces should recongnize the particular characteristics of the site and should relate to the surrounding built environment in pattern, function, scale, character and materials. In developed areas, new projects should meet or exceed the standards of quality which have been set by surrounding development. The parking structure has been strategically located in the center of the medical campus to afford easy circulation/access as well as creating a buffer distance from the edges of the site. The orientation of the structure itself is placed to align with the other larger scale buildings nearby. The structure itself utilizes the colors and materials consistent with the adjacent buildings on the medical campus in order to fully integrate it with the hospital. Building Placement: (Page III-31) Structures should be sited in a manner that will complement adjacent structures. Sites should be developed in a coordinated manner to provide ordered diversity and to avoid jumbled confusion. As mentioned above, the new parking garage is strategically located in the center of the campus to provide additional parking to the overall campus. The central location will support the acute care facilities as well as the outpatient facilities. The first experience as one enters the new loop road or "Boulevard" is to help visitors to orient themselves. With clear circulation, the Boulevard directs traffic to the center of the campus where the parking structure is located. By physically connecting both the vehicular and pedestrian paths, the structures' location, and directional way-finding, a simple, clear order is established for visitors. City of Chula Vista Page 6 of 9 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 92 File#: 14-0118, Item#: 7. Parking (Page III-34): Parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, earth berms, low screen walls, or a combination thereof. Screening (Page III-36) When screening is required, a combination of elements should be used including solid masonry walls, berms and landscaping. The height should be determined by the height of the matrix/ or equipment being screened. Buffering and/or screening to reduce the visual impact of the parking structure on the neighboring residential areas will be provided primarily though the use of heavy landscaping to screen the lower floors of the parking structure. California Pepper trees will be located strategically on the slope east of the new utility loop road, between the parking structure and the residential neighborhoods to the north-northeast. These evergreen trees will grow to a range of 30' - 40' in height, and being on the slope, will do a great amount of the screening of the new parking structure. A photo-simulation has been prepared showing existing and proposed elevations (with parking structure added). Chinese Evergreen Elms and Mexican Fan Palms will be planted close to the parking structure at the north end around the elevator tower. This planting will be two-tiered, in that the Chinese Evergreen Elms will be a broad-leafed tree (growing up to 50+'), interspersed with 15' to 30' high Mexican Fan Palms. Afghan and Canary Island Pine trees will wrap the parking structure along the east facade and down around to the south of the structure, accompanied by additional palm trees to provide accent to the parking structure. These pine trees can grow to an ultimate height of 65' or more. The balance of the parking structure will be screened from view by the existing hospital complex and medical facility. Architecture/Design Compatibility (Page II-37): High quality, innovative amd imaginative architecture is encouraged....The designer is expected to employ variations in form, building details and siting in order to create visual interest. In all cases, the chosen architectural style should be employed on all building elevations. One of the first objectives in the design was to minimize the look of a `parking garage'. By manipulating scale, color and massing, the design minimizes the appearance of the structure as a garage and allows it to become one of the integrated buildings on the campus. There are several elements of the design that create both harmony and variety in the design. The elevator tower is a subtly executed glass tower that creates a destination for visitors and serves to break down the scale of the structure. The variation of colored metal panels and colored concrete affords a difference in the planes and surfaces, breaking down the scale. The interior of the garage uses subtle hues of color to soften the impact of exposed concrete and assist in visitor wayfinding. In its entirety, the structure is designed to integrate with the structures on the medical campus. Scale/Building facade and roof articulation (Page III-38): City of Chula Vista Page 7 of 9 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 93 File#: 14-0118, Item#: 7. At a minimum, the height of new development should "transition" from the height of adjacent development. Also, varying the height of a builiding so that it appears to be divided into distinct massing elements, and/or articulating the builidng facade by horizontal and vertical offsets in wall planes can reducte building bulk and is strongly encouraged. The site of the hospital campus is unique in that it is a hilltop development that rises above surrounding residential development below. A number of design features have been incorporated that minimize the bulk of the structure. The architectural design results in the visual appearance being that of two separate structures. In addition, the structure is designed to be 65% open to the surrounding environment. As a means to break down the scale, several design elements were utilized. First, to break down the longer side of the structure, the design is physically separated near the center of the long facade. Adding and `floating' colored metal panels on the facades creates the appearance of two separate structures. On the west elevation, the sloped ramping is masked by horizontal metal panels to avoid the look of a utilitarian garage; making it appear like a building for people rather than cars. To create a sense of orientation and identity for visitors, the subtle glass colors of the elevator tower (beacon) are patterned into smaller scale mosaics to not only bring down the scale but to reflect the diversity of the surrounding communities, patients and visitors. Materials and Colors (Page III-39): Colors and materials should be consistent with the chosen architectural style and compatible with the character of surrounding development. The color palette should be selected carefully. Subdued color combinations consiting of a limited number of colors are encouraged. Large areas of intense white color and vibrant compositions should be avoided. Variations in shade or tone can be used to enhance form and heighten interest. Colors shoud be used to articulate entries or other architectural features. In order to truly integrate the design to the medical campus, subtle buff-toned hues were selected for the exterior of the parking structure. The colors were coordinated with the existing structures and use similar, subtle tones. Soft, pastel tones are integrated on the interior of the structure to assist in wayfinding but also soften the interior of the parking structure. The interior colors were selected and inspired by the plants and flowers found in the new Medicinal Garden along the Promenade ("new loop road"). Entry points are identified by two element's - the first element, low, split-faced, colored blocks, are used at the vehicular level as one gets closer to the structure - these low walls are pulled far enough away from the entry drives to afford views to and from the entry points. The second entry cues are in the form of raised colored metal panels located above each entry point. The entry panels are consistent in material and color to the colored metal panels found on the facade of the structure DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. City of Chula Vista Page 8 of 9 Printed on 4/10/2014 powered by Leg 2014-04-15 Agenda Packet Page 94 File#: 14-0118, Item#: 7. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Project supports the Health Community goal as it seeks to allow the existing hospital facility to operate more efficiently to meet the needs of the Chula Vista and South Bay residents. CURRENT YEAR FISCAL IMPACT The application fees and processing costs are paid for by the Applicant. The project will not be fully constructed until 2016, beyond the current fiscal year. ONGOING FISCAL IMPACT There is no net fiscal impact associated with this Project. ATTACHMENTS 1. Ordinance 2. Resolution 3. Locator Map 4. Planning Commission Resolution 5. Community Meeting Comments and Correspondence 6. Proposed Precise Plan 7. Proposed Site Plan 8. Ownership Disclosure Form 9. Project Plans City of Chula Vista Page 9 of 9 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 95 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN (PC M 13-22)TO ALLOW A HEIGHT OF 120 FEET(45 MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE TO BE LOCATED WITHIN THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS LOCATED AT 751 MEDICAL CENTER COURT. WHEREAS, the area of land which is subject to this Resolution is diagrammatically represented in Exhibit A attached to this Resolution, and commonly known as Sharp Chula Vista Hospital campus, and consists of site located at 751 Medical Center Court("Project Site"); and WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on November 26, 2013 by Sharp Chula Vista Medical Center(SCMC) ("Applicant"), ("Owner' and"Developer") requesting approval of a Precise Plan in order to allow for the maximum building height to be increased from 45 feet to 120 feet); and WHEREAS,the applicant has complied with the Applicant has complied with the requirements of Section 19.56.042 of CVMC(Required maps and information)by providing an application submittal package which includes detailed site plans and elevations; and WHEREAS, the Project consists of developing a six story parking structure (seven levels) consisting of 718 parking spaces; and C. Planning Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 12,2014, and voted 5-1-1-0 to forward a recommendation to the City Council on the Project; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on March 12,2014, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and D. City Council Record of Application WHEREAS,the City Clerk set the time and place for the hearing on the Project application and notices of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet of the exterior boundaries of the Project at least ten (10) days prior to the hearing; and, 2014-04-15 Agenda Packet Page 96 Ordinance No. Page 2 WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 8, 2014, in the Council Chambers in the City Hall, City of Chula Vista Civic Center,276 Fourth Avenue,at 2:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and E. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this Ordinance was introduced for first reading on April 8, 2014 the City Council of the City of Chula Vista approved Resolution , by which it approved a Design Review Permit for the Project; F. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act(CEQA)and has determined that the project qualifies for Class 32 categorical exemption pursuant to Section 15332 (In-Fill Development Project) of the State CEQA Guidelines. NOW THEREFORE,the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: Section 1 That the proposed project complies with the California Environmental Quality Act and qualifies for a Class 32 Categorical Exemption pursuant to Article 19,Section 15332(In-Fill Development Project) of the State CEQA Guidelines in accordance with the following Findings: A. CALIFORNIA ENVIRONMENTAL QUALITY ACT, CALIFORNIA CODE OF REGULATIONS ARTICLE 19, SECTION 15332, CLASS 32 CATEGORICAL EXEMPTION(IN-FILL DEVELOPMENT) FINDINGS: THAT THE PROJECT IS CONSISTANT WITH THE APPLICABLE GENERAL PLAN DESIGNATION AND ALL APPLICABLE GENERAL PLAN POLICIES AS WELL AS WITH APPLICABLE ZONING DESIGNATIONS AND REGULATIONS. The Chula Vista General Plan designation for the site is Public and Quasi-Public (PQ). According to General Plan Chapter 5, Section 4.9.6 (Page LUT-54), the PQ designation depicts existing areas used by schools, churches, and hospitals. Because the site has a General Plan designation of PQ,the existing medical facility is acknowledged and expressly allowed in the General Plan. The C-O zone allows medical offices and clinics. Hospitals are allowed on the site, and elsewhere within the City, as an Unclassified Use (CVMC 19.54). The project is allowed as an ancillary use for the medical center,since it will provide parking and improved vehicular access serving the allowed medical center use. 2014-04-15 Agenda Packet Page 97 Ordinance No. Page 3 The project includes the request for a precise plan to allow a height that is in excess of the maximum allowed height of 45 feet for the C-O Zone.Because the zone in which the project is located is C-O-P, a precise plan may be applied to the site with City Council approval. According to CVMC Section 19.56.040,the requirements specified in the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. In this particular case, the applicant is asking to maintain a height of 120 feet, where 45 feet is otherwise allowed. The intent of the precise plan,as described in CVMC Section 19.56.041, is to allow regulatory flexibility in instances where the site has unique attributes and requires special handling. The site has been utilized as a medical center since the 1970's. The COP zoning designation was applied to the site in 1990, when the zoning was changed from residential (RIH). Because the uses allowed in the C-O zone were compatible with the exiting use of the site,the C-O zone was chosen as the most appropriate zoning designation for the site at the time that it was rezoned.Because the CO zone has a height requirement of 45 feet maximum, flexibility in zoning was needed at the time that the site was rezoned in 1990, since the site maintained structures (hospital towers) in excess of 45 feet. The "P" modifier was applied to the site resulting in a C-O-P Zone, acknowledging the special characteristics of the site and the need for flexibility beyond the requirements of the C-O zone. Consistent with this intent,the applicant is requesting a precise plan to allow a type of facility (parking structure) that is normally associated with a medical center. THAT THE PROPOSED DEVELOPMENT OCCURS WITHIN CITY LIMITS ON A PROEJCT SITE THAT IS NO MORE THAN FIVE ACRES SUBSTANTIALLY SURROUNDED BY URBAN USES. The site is located within the Chula of Vista city limits. The project site,which consists of a parking structure and loop road, is less than 5 acres in size. The total project site is approximately 1.5 acres. The project is surrounded by urban uses on all sides. Surrounding uses consist of medical uses, a veteran's home, and residential development. THAT THE PROJECT SITE HAS NO VALUE AS HABITAT FOR ENDANGERED, RARE OR THREATENED SPECIES. The project site consists of a graded and developed pad, which includes commercial landscaping that does not include flora nor fauna habitat. Therefore,the site has no value as habitat for endangered, rare or threatened species. THAT APPROVAL OF THE PROJECT WOULD NOT RESULT IN ANY SIGNFICANT EFFECTS RELATING TO TRAFFIC,NOISE,AIR QUALITY, OR WATER QUALITY. The parking garage does not generate additional traffic on the site. All on site traffic can be attributed to existing traffic generating uses on the site, such as the hospital and medical offices. As such, the project will not result in any significant effects relating to traffic. Because there would not be any increase in traffic due to the project,there would also not be any significant adverse air quality or noise effects due to the parking garage and loop road. 2014-04-15 Agenda Packet Page 98 Ordinance No. Page 4 The parking garage and loop road will arguably improve any existing air quality or noise effects attributable to the medical facility,since on-site circulation will be improved resulting in less on-site traffic congestion.A technical letter prepared by LLG Engineers,dated April 10,2014 states that there are no traffic impacts associated with the project,and that the loop road provides good access to the parking structure. A technical letter dated April 10, 2014 prepared by Atkins, states that there would be no adverse noise impacts associated with the project. The project is required to comply with all City of Chula Vista water quality requirements,and a Water Quality Technical Report has been prepared for the project. The Water Quality Technical Report, and requirements outlined therein,is in conformance with all standards required by the City's Land Development Section.The project will be required to comply with all water quality requirements outlined in the Water Quality Technical Report,as well as the City of Chula Vista's Municipal Storm Water Permit,and as such,the project will not result in any significant effects to water quality. THAT THE SITE CAN BE ADEQUATLEY SERVED BY ALL REQUIRED UTILITIES AND PUBLIC SERVICES. The existing medical center site is currently served by all required public utilities and services. The parking structure would result in no additional demand for additional public utilities/services, and will be served with existing utilities and services such as electricity, water, and public safety. Section 2 A. PRECISE PLAN FINDINGS The City Council finds by clear and convincing evidence that: SUCH PLAN WILL NOT,UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE,BE DETRIMENTAL TO THE HEALTH,SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY, OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY; The Precise Plan being requested is limited to allowing a deviation from existing development standards for building height within the existing hospital campus. The hospital campus has been in development for approximately 35 years and contains two existing towers of approximately 68 feet in height.The parking structure being proposed is an important component of the ongoing medical center expansion and will ensure adequate parking for patients and medical staff using the medical center facilities. Therefore,its construction,along with additional support facilities,will contribute to the general well-being of the community. The parking structure will be located adjacent to or near existing hospital facilities well within the campus boundaries. The parking structure is located approximately 167 feet from the nearest residential property located to the northeast of the project site.Building 2014-04-15 Agenda Packet Page 99 Ordinance No. Page 5 design is consistent with City Design Guidelines. The parking structure will not generate any new traffic. The proposed height increase is to allow development consistent with hospital uses. Existing towers on site are approximately 67 feet in height. The Project will contribute to the well-being and general welfare of the Chula Vista residents by allowing the existing hospital facility to operate more efficiently to meet the needs of the Chua Vista and South Bay residents. THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPLICATION OF THE P MODIFYING DISTRICT AS SET FORTH IN CVM 19.56.041 The Precise Plan (P)Modifying District was attached to the C-O zoning at the time the subject property was rezoned from R-1-H to C-O-P in January, 1990. The site has been developed as a hospital campus since approximately 1970.The hospital site had received prior approval for two hospital towers with a height of approximately 68 feet,prior to the effective date of this rezone. Given the existing hospital use,the P modifier was added to this new zoning designation in anticipation of the need to provide future flexibility in the implementation of the underlying development standards of the C-O zone,especially the ability to provide for structures which exceeded the underlying 45-foot height limit. The Precise Plan will allow for flexibility in building height that will enable the site to be developed consistent with the needs of a state of the art medical facility. THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P PRECISE PLAN MODIFYING DISTICT. Exceptions to the underlying zoning requirements are warranted due to the fact that the site contains an existing hospital campus. Such use is unique within the C-O zone in that hospitals usually contain buildings/towers that are over 45 feet in height.The inability for future development to exceed the current height limit of 45-foot would preclude the ability to provide necessary expansions that meet the needs of the surrounding community. THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL PLAN AND THE ADOPTED POLICES OF THE CITY. Approval of a Precise Plan is consistent with the Public/Quasi-Public designation of the General Plan for the property and the General Plan Objective PFS 19 to provide art and culture programs, childcare facilities and health and human services that enhance the quality of life in the City of Chula Vista. A height exceeding the current height restriction of 45 feet under the C-O(Administrative and Professional Office) zone,has been established by the two existing hospital towers on the campus and will allow the site to be developed consistent with the needs of the state of the art medical facility. 2014-04-15 Agenda Packet Page 100 Ordinance No. Page 6 B. ADOPTION OF PRECISE PLAN In light of the findings above, the Precise Plan is adopted to increase the existing building height limit of 45 feet be increased to 120 as for the parking structure diagrammatically represented in Exhibit"A"and described in Exhibit"B",approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance,is for any reason held to be invalid,unenforceable or unconstitutional,by a court of competent jurisdiction,that portion shall be deemed severable,and such invalidity,unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance,or its application to any other person or circumstance.The City Council of the City of Chula Vista hereby declares that it would have adopted each section,sentence,clause or phrase of this Ordinance,irrespective of the fact that any one or more other sections,sentences,clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict,applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-04-15 Agenda Packet Page 101 Ordinance No. Page 7 I I I C i Veterans Hornee Proposed Parking Structure (Approximate Location) Sharp Chula Vist, Medical Medical Center Offices c�. Meal Office Mission ED Appartments LOCATOR L(D Vill and NORTH 1 751 Medical Center Ct. EXHIBIT "A" ------ 641-010-28 2014-04-15 Agenda Packet Page 102 Ordinance No. Page 8 EXHIBIT B PRECISE PLAN DEVELOPMENT STANDARDS Building Height: 120 feet All other development standards: Subject to the development standards contained in the Chula Vista Municipal Code (CVMC) 2014-04-15 Agenda Packet Page 103 RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT (DRC 13-31) FOR A PROPOSED PARKING STRUCTURE ON A SITE LOCATED AT 751 MEDICAL CENTER COURT. L RECITALS A. Project Site WHEREAS, the area of land that is subject to this Resolution is diagrammatically represented in Exhibit A attached to this Resolution, and commonly known as Sharp Chula Vista Medical Center campus, located at 751 Medical Center Court ("Project Site").; and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on November 26, 2013 by Sharp Chula Vista Medical Center(SCMC) ("Applicant"), ("Owner" and "Developer") requesting approval of a new parking structure to be developed on the Project Site ("Project"); and C. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for Class 32 categorical exemption pursuant to Section 15332 (In-Fill Development Project) of the State CEQA Guidelines; and D. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 8, 2014, in the Council Chambers in City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 2:00 p.m. to receive the input of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds,determines, and resolves as follows: 2014-04-15 Agenda Packet Page 104 Resolution No. Page 2 II. CEQA EXEMPTION FINDINGS That the proposed project complies with the California Environmental Quality Act and qualifies for a Class 32 Categorical Exemption pursuant to Article 19, Section 15332 (In- Fill Development Project) of the State CEQA Guidelines in accordance with the following Findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT, CALIFORNIA CODE OF REGULATIONS ARTICLE 19, SECTION 15332, CLASS 32 CATEGORICAL EXEMPTION(IN-FILL DEVELOPMENT) FINDINGS: A. THAT THE PROJECT IS CONSISTANT WITH THE APPLICABLE GENERAL PLAN DESIGNATION AND ALL APPLICABLE GENERAL PLAN POLICIES AS WELL AS WITH APPLICABLE ZONING DESIGNATIONS AND REGULATIONS. The Chula Vista General Plan designation for the site is Public and Quasi-Public (PQ). According to General Plan Chapter 5, Section 4.9.6 (Page LUT-54), the PQ designation depicts existing areas used by schools, churches, and hospitals. Because the site has a General Plan designation of PQ, the existing medical facility is acknowledged and expressly allowed in the General Plan. The C-O zone allows medical offices and clinics. Hospitals are allowed on the site, and elsewhere within the City, as an Unclassified Use (CVMC 19.54). The project is allowed as an ancillary use for the medical center, since it will provide parking and improved vehicular access serving the allowed medical center use. The project includes the request for a precise plan to allow a height that is in excess of the maximum allowed height of 45 feet for the C-O Zone. Because the zone in which the project is located is C-0-P, a precise plan may be applied to the site with City Council approval. According to CVMC Section 19.56.040, the requirements specified in the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. In this particular case, the applicant is asking to maintain a height of 120 feet,where 45 feet is otherwise allowed. The intent of the precise plan, as described in CVMC Section 19.56.041, is to allow regulatory flexibility in instances where the site has unique attributes and requires special handling. The site has been utilized as a medical center since the 1970's. The COP zoning designation was applied to the site in 1990,when the zoning was changed from residential (R1H). Because the uses allowed in the C-O zone were compatible with the exiting use of the site, the C-O zone was chosen as the most appropriate zoning designation for the site at the time that it was rezoned. Because the CO zone has a height requirement of 45 feet maximum, flexibility in zoning was needed at the time that the site was rezoned in 1990, since the site maintained 2014-04-15 Agenda Packet Page 105 Resolution No. Page 3 structures (hospital towers) in excess of 45 feet. The "P" modifier was applied to the site resulting in a C-O-P Zone, acknowledging the special characteristics of the site and the need for flexibility beyond the requirements of the C-O zone. Consistent with this intent, the applicant is requesting a precise plan to allow a type of facility (parking structure) that is normally associated with a medical center. B. THAT THE PROPOSED DEVELOPMENT OCCURS WITHIN CITY LIMITS ON A PROEJCT SITE THAT IS NO MORE THAN FIVE ACRES SUBSTANTIALLY SURROUNDED BY URBAN USES. The site is located within the Chula of Vista city limits. The project site, which consists of a parking structure and loop road, is less than 5 acres in size. The total project site is approximately 1.5 acres. The project is surrounded by urban uses on all sides. Surrounding uses consist of medical uses, a veteran's home, and residential development. C. THAT THE PROJECT SITE HAS NO VALUE AS HABITAT FOR ENDANGERED, RARE OR THREATENED SPECIES. The project site consists of a graded and developed pad, which includes commercial landscaping that does not include flora nor fauna habitat. Therefore, the site has no value as habitat for endangered,rare or threatened species. D. THAT APPROVAL OF THE PROJECT WOULD NOT RESULT IN ANY SIGNFICANT EFFECTS RELATING TO TRAFFIC, NOISE, AIR QUALITY, OR WATER QUALITY. The parking garage does not generate additional traffic on the site. All on site traffic can be attributed to existing traffic generating uses on the site, such as the hospital and medical offices. As such, the project will not result in any significant effects relating to traffic. Because there would not be any increase in traffic due to the project, there would also not be any significant adverse air quality or noise effects due to the parking garage and loop road. The parking garage and loop road will arguably improve any existing air quality or noise effects attributable to the medical facility, since on-site circulation will be improved resulting in less on-site traffic congestion. A technical letter prepared by LLG Engineers, dated April 10, 2014 states that there are no traffic impacts associated with the project, and that the loop road provides good access to the parking structure. A technical letter dated April 10, 2014 prepared by Atkins, states that there would be no adverse noise impacts associated with the project. The project is required to comply with all City of Chula Vista water quality requirements, and a Water Quality Technical Report has been prepared for the project. The Water Quality Technical Report, 2014-04-15 Agenda Packet Page 106 Resolution No. Page 4 and requirements outlined therein, is in conformance with all standards required by the City's Land Development Section. The project will be required to comply with all water quality requirements outlined in the Water Quality Technical Report, as well as the City of Chula Vista's Municipal Storm Water Permit, and as such, the project will not result in any significant effects to water quality. E. THAT THE SITE CAN BE ADEQUATLEY SERVED BY ALL REQUIRED UTILITIES AND PUBLIC SERVICES. The existing medical center site is currently served by all required public utilities and services. The parking structure would result in no additional demand for additional public utilities/services, and will be served with existing utilities and services such as electricity,water, and public safety. III. DESIGN REVIEW FINDINGS/APPROVAL A. THAT THE PROPOSED DEVELOPMENT, AS CONDITIONED, IS CONSISTENT WITH THE DEVELOPMENT REGULATIONS OF THE COP, OFFICE COMMERCIAL WITH PRECISE PLAN OVERLAY ZONE. The proposed project complies with all development standards of the COP zone with the exception of building height which is being requested to increase from a maximum of 45 feet to 120 feet in conjunction with a Precise Plan approval for this Proj ect. B. THE DESIGN FEATURES OF THE PROPOSED DEVELOPMENT ARE CONSISTENT WITH, AND ARE A COST EFFECTIVE METHOD OF SATISFYING THE CITY OF CHULA VISTA DESIGN GUIDELINES AND THE CITY OF CHULA VISTA DESIGN MANUAL AND LANDSCAPE MANUAL. The project is in compliance with the Commercial Guidelines of Chapter III of the City Design Manual in that it complies with the Site Planning design guidelines for compatibility, building placement and screening, It also complies with the Architectural design guidelines for compatibility, scale/building facade and roof articulation and materials and colors. The new parking garage is strategically located in the center of the medical center campus to provide additional parking to the overall campus to support the acute care facilities, as well as the outpatient facilities. The orientation of the parking structure itself is placed to align with the other larger scale buildings nearby. The colors and materials are consistent with the adjacent builidings on the medical campus in order to fully integrate it with the hospital. Buffering and/or screening to reduce the visual impact of the parking structure on the neighboring residential 2014-04-15 Agenda Packet Page 107 Resolution No. Page 5 areas will be provided primarily though the use of heavy landscaping to screen the lower floors of the parking structure. Design features have been incorporated that attempt to minimize the massiveness of the structure, resulting in the visual appearance being that of two separate structures. In addition, the structure is designed to be 65% open to the surrounding environment. III. APPROVAL OF DESIGN REVIEW PERMIT Based on the findings above, the City Council approves the Design Review Permit subject to the conditions set forth below: A. The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified. Planning: 1. Prior to, or in conjunction with the submittal of plans for the building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1762. 2. The colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the City Council on April 8, 2014, or as subsequently modified per their direction. 3. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City. 4. A graffiti resistant treatment shall be specified for first floor and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Director of Development Services prior to the issuance of building permits. Additionally, the project shall conform to Section 9.20.055 of the CVMC regarding graffiti control. 5. Prior to issuance of building or grading permits, whichever occurs first, a photometric study shall be submitted for review and approval by the Director of Development Services that indicates there shall be no light spillage beyond the property lines of the project site. Land Development En ink Landscape Architecture Division 6. Applicant shall pay the following fees: 2014-04-15 Agenda Packet Page 108 Resolution No. Page 6 a. Sewer Capacity Fees b. Traffic Signal Fees c. Development Impact Fees per Master Fee Schedule 7. Prior to issuance of building permits, applicant shall indicate on the site plan an additional sidewalk and ADA compliant ramp to connect to the proposed pedestrian ramp to the medical office facilities. 8. Prior to issuance of grading permits, the submitted grading plans shall include the following; a. Indication as to how runoff from the slope will be diverted from the proposed retaining wall on the north side of the project. b. The rounding of proposed slope with the natural slope in order to avoid any concentrated flow. 9. Prior to issuance of grading permits, applicant shall agree to the following: a. That final sizing of the Water Quality BMP's shall be determined during the grading permit process. b. That all drainage facilities shall be privately maintained. 10. Prior to issuance of grading or building permits permit(whichever occurs first), applicant must submit complete Landscape Improvement Plans for approval to the City of Chula Vista that comply with Chapter 20.12 of the City of Chula Vista Municipal Code, Landscape Manual, and Design Manual. The title sheet of the drawings shall contain a signed statement by the landscape architect as follows: "I am familiar with and agree to comply with the requirements of the landscape improvement plans as described in Chapter 20.12 of the City of Chula Vista Municipal Code. I have prepared these plans in compliance with those regulations. I certify that the plan implements the regulations to provide efficient water use." The plans must also demonstrate the parking garage and utility loop road are adequately screened through the use of planting material. Building: 11. Plans shall comply with Title 24 and 2013 California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Electric Code (CEC), California Green Building Standards Code (CalGreen) and 2008 California Energy Code. Fire: 2014-04-15 Agenda Packet Page 109 Resolution No. Page 7 12. Prior to issuance of building permits, applicant shall perform a fire service study that includes a hydraulic water flow analysis. The analysis shall show the actual flow and pressure for all hydrant and and riser stubs. A higher demand or worst case scenario should be used in the flow analysis to avoid upgrades to the fire service loop. The Hazen Williams formula shall be used in the determination of these flows and pressures. The analysis shall show that the required fire flow is available at the hydrants and that independently the sprinkler demand is available at the most demanding sprinkler riser. B. The following on-going conditions shall apply to the property as long as it relies on this approval: 13. This permit shall become void and ineffective if not used or extended by April 1, 2017, in accordance with Section 19.14.600 of the Municipal Code. 14. All landscape and hardscape improvements shall be installed and maintained in accordance with the approved landscape plan. 15. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and other applicable City Ordinances in effect at the time of building permit issuance. 16. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Design Review Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. This condition may be modified by the Zoning Administrator subject to input from the City Attorney. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the Applicant/Representative and property owner shall execute this document by making a true copy of this resolution and signing both this original letter and the true copy on the lines provided below, said execution indicating that the Applicant/Representative and Property Owner have each read, understood and agreed to the conditions contained herein, and will implement the same. Upon execution, the true copy with original signatures shall be returned to the Project Manager in the Development Services Department. Failure to return the signed copy of 2014-04-15 Agenda Packet Page 110 Resolution No. Page 8 this document within thirty days of the effective date hereof shall indicate the Applicant's/Representative's or Property Owner's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date IV. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Applicant or successor in interest by the City approval of this Resolution. V. INVALIDITY;AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect ab initio. Presented by Approved as to form by Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-04-15 Agenda Packet Page 111 ��/ '�� `�i►��r �i�11n�✓ � ���� �riu+►nip��'��t{I/f'�,�� ��:�1 �: s +. • � 11�1a r 'IA }�:.�1111111111• �IIi1Uli1111� ��,```,♦ �O` �0� � +fjfl�ir��i�allow-� ♦ • Bill 1��111RS,ri �u�l��ry : ����� �.� •all 11if1111111�� All �� X11 Afrlh ,��I�I = ''��►�• !,�.���� �r�sr ' 1• Sri �0�.�� .+``�:,�,r' �+•:�'" Est ,���+����� .�`��:"�. � . r •��'��` ♦♦,, kT �'•� '+++` � +��ptlM�@� �` 1111 1 �* isNis I :'n,"`� o��� ►'����� � p�1 i r�irara♦rr', I I • �r �'`` � i rrluti�r+H►� Mal ♦ yr11r1/Ui1i �� 'f'j���l►y/1�{i1�,i � ! `y, .�i r+��/�/ ���� � {�►y�1U�1r WHO ..WWI �� rlll n�if iron►� ♦ �t . i 1� ►�u own�fpp ♦n�►�► !�� r� aaiiu • ra �.1 rr 1111 �> � � � � •ra � .z �� � . .■ . . a►►Mary . a►r`�� ♦` s ��jAr�a . ;r► .� �� � � �� � � rrr► ♦rrrrr�� ',gip �� I��� ��� �, UNrr� �� r � �►���. •rr►r •� .1en��w_ . :� � � �•��1�= _� �+ra Nl. � ��rr r r♦ S!�r •r err • ♦ i �s ��. �� �� 1,� 4 r r "m Inks ��`���%�'r�►�����i►• ► r � i^ : I��I,`�►111I111IlIj//s/,/I�I�� ` •i r��` •�:::�i�•. ��i-�y+ a11i ! � � �♦��illr�ujl//IIi�'. i +.� ►• �: � ���1►�*ice��� MORE. ��11111�ra1�11 �i'' ��► sir ,•� •••r�'�� u ••� �• ����� NEWS- SSW���rra�••� .......................... ujou- ".C7 -41 M—' MFID"',i fro! I 4k .............. 0 L s TT T PROJECT 6— LOCATION -is v .1�1 �T LA ------ 7 Mr �"A ���{yjj 4 �„��Y�,��_ 0 A�l I j 5 LOCATOR PCM-13-22 ATTACHMENT 3 LOCATOR MAP 2014-04-15 Agenda Packet Page 113 ATTACHMENT 4 RESOLUTION NO,PCM-13-22 RESOLUTION OF rHE Cl'IY OF CHULA 'VISTA PLANNING COM11USSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A PRECISE PLAN 10 ALLOW A HEIGHT OF 120 FEET (45 FEET MAXIMUM CURRENTLY ALLOWED) TO ACCOMODATE A PROPOSED PARKING STRUCTURE TO BE LOCATED AT THE NORTHERN EDGE OF THE HOSPITAL CAMPUS LOCATED AT 751 MEDICAL CENTER COURT, lWHEREAS, on November 26,2013 a duly verified application was Bled with the City of j Chula Vista Development Services Department by Sharp Chula Vista Medical Centel (SCVMC) ("Applicant"), ("Ownet" and "Developer") requesting approval of a precise plan to establish a height limit of 120 feet for the medical center located on the south side of `telegraph canyon Road,east of Medical Centet Drive and nottb of Medical Center Court("PioJect"); and WHEREAS, the applicant has complied with the requi.ternents of Section 19 56 012 of CVMC (Required maps and information) by providing an application submittal package which includes detailed site plans and elevations;and I WHEREAS, the property is zoned C O-P (Administrative and Professional Office with Precise Plan Overlay), which overlay is intended to provide fox deviations frog a the prescribed i development standards of the C-C)zone through adoption of a Precise Plan;and f � j WHEREAS, the Precise Plan would allow for the magnum building height to be increased fiom 45 feet to 120 feet; and IWERES,the Project consists of'developing a six story parking structure (seven levels) consisting of 718 parking spaces;and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifles for Class 32 categorical exemption pursuant to Section 15332 (In-Pill Development Project) of the State C:EQA Guidelines; and WHEREAS, the Development Services Directot set the time and place fox a hearing on the Project,and notice of said bearing,together with its purpose,was given by its publication in a i newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property,at least 10 days priox to the heating; and, i WHEREAS, the hearing was held at the time and place as advertised, namely 5:00 p m March 12, 2014 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the}rearing was thereafter closed 2014-04-15 Agenda Packet Page 114 .......... ........... Resolution PCIA 13 22 March 12,201 4 Page 2 NOW THEREFORE, BE 11 RESOLVED 'I'HAT IHE CHULA VISTA PLANNING COMMISSION MAKES THE FOLLOWING FINDINGS PURSUANT 10 CVMC SECTION 1914 576: PRECISE PLAN F 11NOS The Planning Commission finds by clear and convincing evidence that: SUCH PLAN WILL NOT, UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETRIMENTAL 10 THE HEALTH, SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY, OR INJURIOUS 10 PROPERTY OR IMPROVEMENTS IN THE VICINIIY; The Precise Plan being requested is limited to allowing a deviation fiom existing development standards fbi building height within the existing hospital campus The hospital campus has been in development fox approximately 35 years and contains two existing ' -sting towers of 68 feet in height.. The parking structure being proposed is an important component of the ongoing medical center expansion and will ensure adequate parking for patients and medical staff-using the medical centei fkilities Therefore, its construction, along with additional support facilities, will contribute to the general well-being of the community. the packing structure will be located adjacent to or near existing hospital facilities well within the campus boundaries I he parking structure is located approximately 167 f6et from the nearest residential property located to the northeast of the project site Building design is consistent with City Design Guidelines the patkingstructure will not generate any new traffic The proposed height increase is to allow development consistent with hospital uses. Existing towers on site ate approximately 67 feet in height Fhe Project Will contribute to the well-being and general welfare of the Chula Vista residents by allowing the existing hospital fkility to opexate more efficiently to meet the needs of the Chua Vista and South Bay residents THAI SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPlICATION OF THE P MODIFYING DISTRICT AS SET FORTH IN CVM 19 56 041 the Precise Plan (P) Modifying District was attached to the C-0 zoning at the time the subject property was tezoned from R.1-H to C.0-P in Januaty, 1.990 The site has been developed as a hospital campus since approximately 1970 the hospital site had received prior approval for two hospital towers with a height of approximately 68 feet, prior to the effective date of this rezone. Given the existing hospital use, the P modifier was added tc this new zoning designation in anticipation of the need to provide future flexibility in the implementation of the underlying development 2014-04-15 Agenda Packet Page 115 ...... ..................... .......... Resolution PCM 13-22 March 12,2014 Page 3 standards of the C-0 zone, especially the ability to provide for structures which exceeded the underlying 45-foot height limit The Precise Plan will allow for flexibility in building height that will enable the site to be developed consistent with the needs of a state of the art medical facility THAI ANY EXCEP HONS GRANTED WHICH DEVIAIE FROM THE UNDERLYING ZONING REQUIREMENIS SHALL BE WARRANTED ONLY WHEN NECESSARY TO MEE1 TEE PURPOSE AND APPLICATION OF THE P PRECISE PLAN MODIPYING DISTIC'T. Exceptions to the underlying zoning requirements are wArtanted due to the fact that the site contains an existing hospital campus Stich use is unique within the C-0 zone in that hospitals usuaRy contain buildings/towers that are over 45 feet in.height The r inability for future development to exceed the current height limit of 45-foot would preclude the ability to provide necessary expansions that meet the needs of the surrounding community I i THAT APPROVAL OF TIES PLAN WILL CONFORM IO IIIE GENERAL PLAN AND THE ADOPTED POLICES OF IHE CITY F Approval of a Precise Plan is consistent with the Public/Quasi-Public designation of the General Plan for the property and the General Plan Objective PFS 19 to provide art and culture programs, childcare facilities and health and human services that enhance the quality of life in the City of Chula Vista. A height exceeding the current height restriction of 45 feet under the GO (Administrative and Professional Office) zone,has been established by the two existing hospital towers on the campus and will allow the site to be developed consistent with the needs of the state of.the art medical facility- II ADOP LION OF PRECISE PLAN j i In light of the findings above,the Planning Commission hereby recommends that the existing building height limit of 4S feet be increased to 120 feet as for the parking structure diaDammatically represented in Exhibit "A" and described in Exhibit`B", approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. 2014-04-15 Agenda Packet Page 116 . . ... ....... Resolution PCM 13-22 March 12,2014 Page 4 BE 11 FUR.IHER RESOLVED BY THE PLANNING COMMISSION OF IIIE CII'Y OF CHULA VISTA THAT a copy of this Resolution be transmitted to the City Council Presented by: Appioved as to form by: Kelly Broughton,FASI A Glen R Googins birectoi of Development Services City Attoiney PASSED AND APPROVED BY THE PLANNING commissioN OF rHE CITY OF Cl IULA VISTA, CALIFORNIA,this 12th day of Mat rh,2014,by the fbIlowing vote,to-wit: AYES: NOES: ABSENT: ABSTAIN: Lisa Moctezuma, Chaii Al IEST: Patricia Laughlin Boajid Secretary 2014-04-15 Agenda Packet Page 117 .......... .... ...... ........ ..... . ..................... Veterans Homes Proposed Parking Structure (Approximate Location) Sharp Chula Vista Medical Medical Center Offices Me a[ offices Mission Appartments LOCATOR Jam- `� 0 as vil s and '------1 751 Medical Center Ct EXHIBIT "N ------A 641-010-28 Resolution PCM-13-22 2014-04-15 Agenda Packet Page 118 ......... ......... ......... ... ...... ..... .... _ .....__. EXHIBIT B Resolution PCM-13-222 PRECISE PLAN F { DEVELOPMENT STANDARDS t 3 � s Building Height: 120 Teet i k j I I 3 II I � 1 � I i i I y; I E t i j All othot development standards: Subject to the development standards contained in � the Chula Vista Municipal Code(GVMC) f I f � I I� I 1 E i e i — i i I � 2014-04-15 Agenda Packet Page 119 .... ... ...... Nanning Commission Agenda DRAFT MINUTES March 12, 20.4 Page-5- 3. PUBLIC HEARING: PCM-13-22; Consideration of a Precise Plan to allow a maximum building height of 120 feet (45 feet maximum currently allowed) to accommodate a proposed parkipg structure, to be located at the northern edge of the hospital izafW'Jid gw Applicant: Sharp Chula Vista,--Wclical Center Project Manager: Jeff Stejit%e�L1\A te Planner ssocl; lo 4F111t Ap IN, Notice of the hearing was given in accordance with leg5l-.�Aquirements, and the hearing was held on the date and no earlier than the time specified in the co ice. INTRODUCTION Sharp Chula Vista Medical iCea -6�Center (the "Applicant,") is requesting a Precise Plan (PCM) in order MN.`,�,,,W� to increase the a I Iowa Wgpt' tdifig,height from 45 feet to 120 feet within the existing campus This increase in hei.&�.,,t,'_,,would dflj6w for the development of a new six-story (seven levels) parking structure associates) new loop road) to be developed on the existing hospital M N campus (the "Project") a. located at 751 Medical Center Court on the east side . li t:e is of Medical Center Drive norfffdfim ed i65 11C Court and south of Telegraph Canyon Road, In addition to a Precise Plan, a Des'i" :W�3eylew Permit (DRC) is also required for the new parking structure (see Attachment 2-Site Plan and Elevations), The Project is subject to the consolidated permit processing provisions pursuant to Chula Vista Municipal Code (C:VMC) Section 19.14,050 (C)., Under the consolidated review process, the City Council would be reviewing and acting on the PCM and the DRC. Therefore, the Planning Commission's required action on the project will be a formal recommendation to the City Council regarding the requested Precise Plan, In addition, Planning Commission input is being sought regarding the requested DRC permit, RECOMMENDATION That the Planning Commission 1) adopt the Resolution recommending that the City Council approve the Precise Plan; and 2) provide input to the City Council regarding the requested DRC permit required for the Project. 2014-04-15 Agenda Packet Page 120 .. ....... ... ....... .. ...... ... ..... ... Planning Commission Agenda DRAFT MINUTES March 12,2014 Page-6- PROJECT ANALYSIS Existing Site Characteristics The project site is located south of Telegraph Canyon Road, east of Medical Center Drive and north of Medical Center Court.The site is atop a knoll above surrounding residential development to the south and east To the north is the Veterans Home and to the east are additional medical offices The existing campus is developed with hospital towers, convalescent care, medical offices and parking. Project Description The project proposes a Precise Plan to increase the allowable buffldirg,height for the medical center campus from 45 feet to 120 feet to allow the construction of as`r...story (seven levels) parking garage A new loop road would be constructed around'the exteror'boundaries of the campus to improve existing circulation patterns, as well as provide a vehicb a conrrection to the proposed parking structure. A DRC is also required for the parking structure. CONCLUSION As discussed previously, the proposed Precise Plan is to provide for an increase in the allowable building height limit The request is to accQm,modate a proposed six-story(seven levels) parking structure including elevator unit and architectural features. Upon completion, the proposed parking structure will provide a total of 718 ne nr parEc ng spaces and will displace an existing surface parking lot containing 117 spaces However during construction of the parking structure there will be sufficient parking mainta; ed througi out the facility. Upon completion of the Project there will be 2,354 parking spaces'ava'ilable overall. A number of design features have been incorporatcl that attempt to minimize the bulk of the parking structure. The architectural design results in the visual appearance of two separate structures-,16--o� .._a,ddJ:ion, the structure is designed to be 65% open to the surrounding environment l andscap%hgewill provide additional screening of the lower floors of the parking structt�re, .lighting along the,loop road will consist primarily of up-lighting for the landscape vegetatiob"'b,ging proposed The landscaping will also provide screening from vehicle headlights. Lighting for theparking structure will be directed inward toward the structure Therefore, staff , recomm..ends that the Planning Commission adopt the resolution recommending that the,.,. rty Council approve the Precise Plan and provide input to the City Council regarding the requested DRC permit required for the project. Jeff Steichen, Associate Planner, gave a PowerPoint presentation to the Commission which included photos of the site, elevations of the new structure, architectural elements, the loop road and location maps. Questions-Commission to Staff 2014-04-15 Agenda Packet Page 121 Planning Commission Agenda DRAFT MINUTES March 12, 2014 Page-7- Q. Is this height exemption for this project only, or for future buildings on this site? A. The height allowance would be for the "property" not just this project. Q Please address the concerns from Dr. Markel's letter which refers to parking issues A The applicant did a parking study and made sure that, at every phase of the development, there would be adequate parking.. At no time will the parking ever fall below the current code level for parking.. Q. What is the construction timeframe? A. Deferred to the applicant. Q. is the parking "pay for parking" or open parking? Q How many Public Meetings were held, how many pedple atternde :ancl what was the general conversation? ; A. Concern was expressed by some of the neighbors regarding the potentfa`rvis,ual impacts created by the height and bulk. Concern was also expressed about the Iig,hfffig/glare spillage into the adjacent residential areas, as well as noise during the construction period and the hours of construction. Steichen is under the impression that all of these concerns have been addressed and that as a condition a :D-RC approval, a photometric study would be required to insure no light spillage from t, g, or loop road would extend beyond the property line/to insure no light age-,oh,to residents below. This would be required and must be reviewed and approvedw priotAb�issuance;of building permits. Q. Is the new parking structure at the same h`�J°ght as the rrredical building? A. Yes, it is, Q. Were there any requirements to have the architectural feature on the structure? A. No requirements, it was proposed by the applicants. Pat Nemeth, Vice President of Facilities for Sharp healthcare, introduced others at the meeting to include: Pablo Velez, Sharp Medical Center CEO, Ed Anderson from Barnhart- Reese Construction, and Architect Chris Veum. She gave an overview of the goals of Sharp and of what the parking structure will be like. Ed Anderson answered the question regarding the length of construction and advised the commission that it would be approximately 6 months, with possibly another month to provide the finishing touches. Livag: Questioned the architectural feature being on the parking structure He likes the loop road, appreciates the quality of the building and is not opposed to the design or elements of the structure. He feels the architectural element would be put to better use on the main building instead of the parking structure, He thinks it puts an emphasis on the wrong space. Was it ever considered for the main building to help draw attention away from the parking structure? 2014-04-15 Agenda Packet Page 122 Planning Commission Agenda DRAFT MINUTES March 12, 2014 Page-8- Nemeth: This is the 3"1 project in less than 5 yews and it is not the last one. They feel this structure sets the standard for future development. The "Sharp experience" begins when you drive onto the campus and we didn't want the parking structure to be functional but look like a plain box. Nava: Why was the 120' height selected? Steichen: Since there are no other projects at this time, the extra 18 feet was added to give flexibility in the future. There was continued conversation regarding the 120' height to include other examples of where it was used in Chula Vista. Other medical campuses were also looked at There was also discussion regarding current surface parking and whether it was currently used by medical office staff, wheta'er,,.there was a restriction on parking. Medical staff in the medical cente`rbuilding and the hospital use the parking; however, visitors to the hospital cans ifthey"vish, also use the parking. Chad Moctezuma entered into the record a letter that the,Co .0ftission received from Dr Scott Markel who is opposing the project on the basis of par ;ngtl Public Hearing Opened Bill Miller, Chula Vista resident, spoke in opposition of the 120' building height. His main objections included: ■ Doesn't understand why Elie structure cannot be built under current zoning laws. i The structu-ei`arttj;future la' idings at an additional 12-20 feet will create a cluster of buildings and9 anenvirortcnpnt that the current residents did not expect when they bought their property 1's alsa afraid that it will decrease their home values -�: • Doesn't think the 500' n'dtification area is large enough. People two short blocks from where he lives did not geievnptices and it was not advertised in the paper. Note: a Public Hearing notice for this March 12th meeting was published in the Star news on February 28, 2014. • In the staff report it indicated: "... that the project qualifies for Class 32 categorical exemption. no further environmental review is necessary." Since there will be so much additional parking and a loop road just above the community, he's not sure how it will affect the environment • Since it is a residential area with apartments and codos, it would be nice if they could make the project blend in more. 2014-04-15 Agenda Packet Page 123 . ... .......... ......... ......... ...... ..... ...... Planning Commission Agenda DRAFT MINUTES March 12, 2014 Page-9- Maria del Carmen Lopez Gallo, a Chula Vista resident, also spoke in opposition and gave her following concerns: • The parking lot being up above the homes and people will be able to look down into the houses. • Is concerned about the security with so many additional parking spaces. • Even now there are a lot of car alarms going off and is concerned about more cars and more alarm noises. o • That the parking structure and any additional building will f rtruct any view that they currently have. • Is concerned about the safety of the children that play in the playground only a block or two from the loop road There was more discussion about the grade of the lot (30'-40'), where the loop road would go (above the community, not through or in it). The resident does not like the open side of the parking lot facing the community, Public Hearing Closed Commissioners Comments/Deliberations i Vinson: Where do the children play in relatio'Mto the loop road? Steichen: All of the project is above on the knoll. = re is nothing that will go in or through the community. There will be additional pedestrian enhancements _so they can,waIk around, but they will be contained on the top of the knoll Vinson ;.Thinks the pfojec is long overdue and badly needed„ He has no objections Anaya: a'ssome initial concerns, but the need seems to outweigh them. His concerns incic3 ■ Is concerned.shat this approval of this action will open it up to other buildings in the area Would prefer that every subsequent building be looked at because a blanket approval would not allow residents to voice future objections, even though the Commission will hear these types of things again and again. ■ Thinks that perhaps the current notification process needs to be reviewed. In general, the community is growing and needs this upgrade.. If it's not mitigated today there may be people parking in the neighborhoods and it will be need to be mitigated tomorrow. He supports the project. 2014-04-15 Agenda Packet Page 124 ...... ..... .... Planning Commission Agenda DRAFT MINUTES March 12, 2014 Page-10- Calvo: Has listened to the other comments and agrees it is better to build the structure now than later. As the hospital grows, hopefully it will become more of an icon than an eyesore. Nava: Also agrees with Anaya's comments, but is concerned about future projects. He would like to see them brought back individually for approval„ Steichen: Each piece of the project will have to be submitted for design review It will have to come back to the Planning Commission for approyati Nava: Project is long overdue and he generally likes the project_and thinks the construction time is good. He supports the project;; Calvo: We don't necessarily have to approve the 120 foot height forth""hole campus, do we? It was agreed that the Commission does not ne`eeCto approve the 120 foot height for everything A condition could be put in tF e�r;esol,ution limiting approval to just this project. Livag: While he appreciates the need for an iconic point, his concern is about the lighting and the tower — w11chwill bring even more light. He also is open to the 120 foot limit for this prof" want to give a blanket approval He doesn't care for the location of theitorner.. If you need it, put it to the South & West corner -- which would b( away from tie residents. We don't' have to approve the parkmg;,structure just toapprove it They could come back with another design Because of those things and his concern for the residents, he can't support the project as it now stands. Moctezuma: Supports the project She doesn't have the same problems with the tower, Suspects it is set a`s it is for the views and so that people are able to find a parking space, take Yadeep breath — which may not outweigh the imposition put on everybody else, but shodoes see the pressing need for the parking structure and for the vision°of the campus. Livag: That "moment"for one person will be a lifetime for the residents and he doesn't know if it's the right thing to do. He's not saying we don't need the structure,just that it doesn't have to be all or nothing. Moctezuma: Had to base her decision on her way of thinking and that is that it is almost certain that some of the residents have, or will, be on that campus. She does support it. ACTION: Commissioner Vinson made a motion to approve the project. 2014-04-15 Agenda Packet Page 125 Planning Commission Agenda DRAFT MINUTES March 12, 2014 Page-11- Commissioner Calvo amended the motion to limit the 120 foot height to the parking structure only, Any future height changes are to return to the Commission for approval. Commissioner Vinson restated the motion and it was seconded by Commissioner Anaya. The amended motion passed 5-1-1-0 with Livag voting nay and Fragorneno absent. 2014-04-15 Agenda Packet Page 126 ATTACHMENT 5 ISSUS RAISE, AT SHARP HOSITAL PARKING SIRUCTURE, COMMUNITY MEETING- January 3 0, 2014 (Page 1 of 2) Comment Comment Applicant/Staff Response Number Lighting Issue-When Cancer Treatment Center Applicant: We are aware of the issue; I was being constructed, neighbors below had there are lighting studies being done in light spillage into their bedrooms at night, and conjunction with the parking structure; at times it "lit up the whole neighborhood;- while structure will be lit at night, the don't want to go through that again lighting will be focused inward not outward; uplighting will be provided to illuminate landscaping along the loop road with no tall lighting standards proposed. What are the construction hours-there were a Applicant: Acknowledged that there were 2 few days when construction work on the MOB a few particular hot days for which was as early as 5:30 a m construction had begun as early as 5:30 am. and that hours of construction of the parking structure would not occur before those hours specified in the Chula Vista Municipal Code. 3 Did not receive notice of the community Notices were sent out to 500 foot radius. meeting but was told by a resident who did receive notice. Why does the parking structure need to be so Applicant-Existing hospital has set 3 high? precedent for the existing height limit. When 45 ft. height limit was imposed at the time surrounding residential development occurred, the mass of the existing hospital was already established; the requested height allows for an elevator- tower to project an additional 25+ feet in order to house mechanical equipment and as architectural feature but the bulk of structure is proposed not to exceed established height of existing buildings. 4. Why are you asking for 120 ft height limit if Applicant-we want to be prepared for- the proposed parking structure will be lower anything which happens in the future.. At than this? the same time, additions to the campus in the future will still require going through the same entitlement process through the City, except will not have to go to City Council for Precise Plan approval (will stop at Planning Commission level) 2014-04-15 Agenda Packet Page 127 .... ..... ...... .. .... ... . ..... . .. .. ....... When will construction begin and when will it Applicant-optimistically construction will 5. be completed? begin in May 2014 and be completed by end of year.. How many parking spaces will there be in the Applicant-718 parking spaces within the 6 structure? structure and 173 spaces on the ground. We think the proposed hospital will harm home Applicant- We do not anticipate any 7, values especially to those in closest additional traffic due to parking structure; proximity/potential for more cars going around we anticipate that only half of cars loop road which will negatively impact the entering the campus will utilize the loop closest homes; nuisance noise caused by car road as there are other options available; alarms going off loop road will be screened fiom adjacent residents by proposed landscaping (Photo-simulations studies shown at the meeting did not include any of the proposed landscaping which will block the view of 2-3 stories of' the parking structure at maturity) 8 What is the existing parking count? Applicant-Proposed parking would be 718 spaces in structure and 173 surface spaces. We currently have 1,746 spaces which includes 353 spaces across the strect. Why is the heliport going away? Applicant-the hospital is not a "trauma 9. center"; the heliport has gotten very little use over the past years; heliport is currently up higher than surrounding area and will be brought down (leveled) as part of construction of'the loop road. 10 Concern of visibility of the loop road If look from above you will see there is a lot of landscaping around the loop road. 2014-04-15 Agenda Packet Page 128 ._....... ......... ......... .. ......... ......... ... ...... ....... ......... . ....... .. ... . .. .... . . .. . . .. ... ..... . .. N R-12-2'014 H) 08::4 n Iiie l?, 'R acers Fr.X HIR 6,19 4'2 026 `, iii Scott Markel, M).. 750 Medical Colter-Court ,Suite 5 Chula Vist a, CA 91911 Flaming;Commission Development Services Depart- gent .Attu: ,,-, 3aff Ste chen 7 i 6 Foa-th Ave Olula Vista, CA efe3°eme case number PPM 13-22 Each tithe that Shaxp Hospital of{;hula Vista perfoms a bttl:iding project:, they do so without provikbig adequate parking, fbr their eniployeas and or clients. As a.result, the pmking lot at 750 Medical. Center C:,eutt becomes filled with u�:anthotized caz°s. `"'l' s s;r�'_pples the pr-actice= of each pmetiticner in this buildii3ry.. I pr'otesi the building plans until Qie hospital cmi show far-ti proof aaat this will not happen during comstruction of-f,is project., Since Sr M a el, rC.D. 2014-04-15 Agenda Packet Page 129 Attachment 6 PRECISE PLAN DEVELOPMENT STANDARDS Building Height: 120 feet All other development standards: Subject to the development standards contained in the Chula Vista Municipal Code (CVMC) 2014-04-15 Agenda Packet Page 130 r a Fr 6b n E �n Y d -Is (L /* , , -- "I.,�1, v�-- s—, s y" E7: 1�111 , 1� $ -A ♦k Ya :���� �� 9 ig�3 fr 18 �c - I ` - k d .,rr tu �. C 5 � � 3 �S A4 ATTACHMENT 2014-04-15 Agenda Packet P-71 131 D e v e l o p m e n t S e r v i c e s D e p a r t m e n t 4 Planning Division I Development Processing CITY OF C.HUEAVISFA APPLICATION APPENDIX B ATTACHMENT 8 Disclosure Statement Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council,Planning Commission or other official legislative body of the City,a statement of disclosure of certain ownerships,financial interest, payments,and campaign contributions must be filed. The following information must be disclosed: 1 . List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g,owner,applicant,contractor,subcontractor,material supplier) Sharp Health Care (non-profit) Sharp Chula Vista Medical Center 2. If any person*identified in section 1 above is a corporation or partnership,list the names of all individuals with an investment of$2000 or more in the business (corporation/partnership) entity. 3., If any person* identified in section 1 above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee,beneficiary and trustor of the trust Sharp Healthcare Board: see attached list 4. Please identify every person, including any agents, employees,consultants,or independent contractors,whom you have authorized to represent you before the City in this matter Pat Nemeth,VP Facilities, Sharp Healthcare Chris Veum,AVRP Studios Matthew Teichner, Sharp Healthcare Melanie Barnhart, Barnhart-Reese Construction Greg Konar,Atkins West Reese, Barnhart-Reese Construction 5, Has any person *identified in 1 2., 1,or 4,above,or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No 0 If yes,briefly describe the nature of the financial interest the official**may have in this contract. Form App.B Rev 03.10 > 276 Fourth Avenue I Chula Vista California 91910 (619) 691 5101 Pg1/2 2014-04-15 Agenda Packet Page 132 .._........ ..............._ ....... . _...... ..._... ...... ... ... .......... D e v e l o p m e n t S e r v i c e s D e p a r t rn e n t 4— -- Planning Division I Development Processing CRY OF C.HUTAVISTA APPLICATION APPENDIX 8 Disclosure Statement - Page 2 6. Has any person*identified in 1„ 2, 1,or 4,above,or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past(12) months to a current member of the City of Chula Vista Council ? Yes No ■ if yes which council member? 7 Has any person *identified in 1 ,2,3, or 4.,above,or otherwise associated with this contract, project or application,provided more than$420 (or an item of equivalent value) to an official**of the City of Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the recipient,a rebate or discount in the price of anything of value, money to retire a legal debt,gift, loan, etc) Yes No ■ If yes, which official** and what was the nature of the item provided? _ 8„ Has any person*identified in 1.,2., 3.,or 4, above, or otherwise associated with this contract, project or application, been a source of income of$500 or more to an official** of the City of Chula Vista in the past(12) months? Yes No ■ If yes,which official** and the nature of the item provided? Date (1 2 S l Signature of Contractor/Applicant i Matthew Teichner Sharo HealthCare Print or type name of Contractor/Applicant * Person is identified as:any individual,firm, co-partnership,joint venture,association, social club, fraternal organization,corporation, estate,trust, receiver, syndicate, any other county,city,municipality, district,or other political subdivision, or any other group or combination acting as a unit.. ** official includes, but is not limited to: Mayor,Council member,Planning Commissioner,Member of a board,commission or committee of the City, and City employee or staff members *** This disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by legislative body. Last Updated: March 16,2010 10�.Bi 276 Fourth Avenue I Chula Vista California 91910 I (619) 691.5101 2014-04-15 Agenda Packet Page 133 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0164, Item#: 8. PRESENTATION OF SURVEY RESULTS FROM CITY OF CHULA VISTA AWARENESS AND PERCEPTIONS STUDY RECOMMENDED ACTION Council hear the report. SUMMARY The City of Chula Vista engaged Luth Research to conduct a countywide web-based survey to determine awareness and perceptions of Chula Vista assets and attractions from those living outside of the city. Information gathered from the survey will be used to inform marketing, communications and economic development efforts. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that acceptance by the City Council of the Awareness and Perceptions Study is not a "Project" as defined under Section 15378 (b)(5) of the State CEQA Guidelines because accepting the Study is an administrative activity of the government, therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The City of Chula Vista selected Luth Research to conduct a web-based, countywide survey in early 2014 to gauge public opinion about Chula Vista. The survey was conducted with residents who do not live in Chula Vista and results are reported regionally and subregionally (North County Coastal, North County Inland, Central San Diego, East San Diego, South County). The survey asked respondents what they know about Chula Vista, its assets (Olympic Training Center, Chula Vista Marina, Otay Ranch Town Center, etc.), what don't they know, what are their attitudes and perceptions, when do they visit Chula Vista, what would entice them to visit, etc. The survey results will be used to help develop marketing messages for economic development, tourism, and regional marketing efforts. DECISION-MAKER CONFLICT Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS City of Chula Vista Page 1 of 2 Printed on 4/10/2014 2014-04-15 Agenda Packet powered by Leg age 134 File#: 14-0164, Item#: 8. The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. These survey results will be used to inform strategic planning for Marketing/Communications and Economic Development messages which are part of the Economic Vitality and Connected Community goals. CURRENT YEAR FISCAL IMPACT The budget for the survey and analysis was $11,000. There were sufficient funds in the FY 2014 Office of Communications budget and there is no additional Fiscal Impact. ONGOING FISCAL IMPACT There is no ongoing Fiscal Impact. City of Chula Vista Page 2 of 2 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 135 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0221, Item#: 9. PUBLIC EMPLOYMENT APPOINTMENT PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b) Title: City Manager City of Chula Vista Page 1 of 1 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 136 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0228, Item#: 10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Orange Citizens for Parks and Recreation, et al. v. Superior Court of Orange County, Court of Appeal Fourth District, Case No. G047013 Consideration of joining Amicus briefing. City of Chula Vista Page 1 of 1 Printed on 4/10/2014 2014-04-15 Agenda Packet Page 137