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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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File M 14-0002, Version: 1
Attachment C - Resolution for Entitlement Work
Attachment D - Legal Services Agreement for the Entitlement Work
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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.
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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
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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
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"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;
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(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
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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
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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
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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]
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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:
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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.
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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
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(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
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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
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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
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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.
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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):
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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:
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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
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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
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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
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Building Height: 120 Teet
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All othot development standards: Subject to the development standards contained in �
the Chula Vista Municipal Code(GVMC)
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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
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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
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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.
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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
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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.
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