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HomeMy WebLinkAboutAgenda Packet 2018_03_27March 27, 2018City Council Agenda CONSENT CALENDAR (Items 1 - 2) 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. APPROVAL OF MINUTES of the regular meeting of December 12, 2017, 5:00 p.m. 18-01201.18-0120 Council approve the minutes. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SIXTY DAY EXTENSION OF THE CITY’S AGREEMENT WITH AMERICAN MEDICAL RESPONSE, INC. FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICES WITHIN THE EXCLUSIVE OPERATING AREAS OF THE CITY OF CHULA VISTA, THE CITY OF IMPERIAL BEACH, AND THE BONITA/SUNNYSIDE FIRE DISTRICT 18-01282.18-0128 City Attorney & Fire Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Staff Recommendation: ITEMS REMOVED FROM THE CONSENT CALENDAR 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. Page 2 City of Chula Vista Printed on 3/23/2018 2018-03-27 Agenda Packet Page 2 March 27, 2018City Council Agenda PUBLIC HEARINGS 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. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL BY ROD BISHARAT AND AFFIRMING THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW PERMIT DR15-0037 AND CONDITIONAL USE PERMIT CUP15-0023 TO CONSTRUCT A 2,380 SQUARE-FOOT AUTOMATED CARWASH BUILDING WITH VACUUM STATIONS ON A 0.55 ACRE SITE LOCATED AT 495 TELEGRAPH CANYON ROAD, SUBJECT TO THE CONDITIONS CONTAINED THEREIN (THIS ITEM HAS BEEN WITHDRAWN AND WILL BE CONSIDERED AT A FUTURE DATE. PUBLIC NOTICE WILL BE PROVIDED FOR SAID CONSIDERATION.) 18-01143.18-0114 CITY MANAGER’S REPORTS MAYOR’S REPORTS COUNCILMEMBERS’ COMMENTS CITY ATTORNEY'S REPORTS Page 3 City of Chula Vista Printed on 3/23/2018 2018-03-27 Agenda Packet Page 3 March 27, 2018City Council Agenda 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). CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One [1 ] Case. 18-01264.18-0126 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9d)(2) [or] (3): One [1] Case. 18-01295.18-0129 ADJOURNMENT to the Special Joint Meeting of the City Council and the San Diego Unified Port District Board of Port Commissioners on April 10, 2018, at 1:00 p.m., located at 3165 Pacific Coast Hwy., San Diego, CA 92101; and thence to the Regular City Council Meeting on April 10, 2018, at 5:00 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) 691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. Page 4 City of Chula Vista Printed on 3/23/2018 2018-03-27 Agenda Packet Page 4 City of Chula Vista Staff Report File#:18-0125, Item#: A. PRESENTATION OF A PROCLAMATION TO RABBI MENDY BEGUN, PROCLAIMING MARCH 27, 2018 AS NATIONAL EDUCATION AND SHARING DAY IN THE CITY OF CHULA VISTA City of Chula Vista Printed on 3/23/2018Page 1 of 1 powered by Legistar™2018-03-27 Agenda Packet Page 5 City of Chula Vista Staff Report File#:18-0120, Item#: 1. APPROVAL OF MINUTES of the regular meeting of December 12, 2017, 5:00 p.m. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Printed on 3/23/2018Page 1 of 1 powered by Legistar™2018-03-27 Agenda Packet Page 6 City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, December 12, 2017 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 5:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor McCann led the Pledge of Allegiance. ROLL CALL: Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann and Mayor Casillas Salas Absent:Councilmember Padilla Councilmember Aguilar arrived at 5:20 p.m. Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk Larrarte SPECIAL ORDERS OF THE DAY Mayor Casillas Salas recognized Boy Scout Troop 5. A.17-0497 PRESENTATION OF QUARTERLY EMPLOYEE RECOGNITION RECIPIENTS Human Resources Director Chase recognized recipients of quarterly employee awards. CONSENT CALENDAR (Items 1 - 2) 1.17-0544 APPROVAL OF MINUTES of September 12, 2017. Recommended Action: Council approve the minutes. Page 1City of Chula Vista 2018-03-27 Agenda Packet Page 7 December 12, 2017City Council Meeting Minutes - Draft 2.17-0536 A. RESOLUTION NO. 2017-230 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (“MOU”) BETWEEN THE ASSOCIATION OF CHULA VISTA EMPLOYEES RELATED TO COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AFOREMENTIONED MOU AND ANY ADDITIONAL DOCUMENTS WHICH MAY BE NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU B. RESOLUTION NO. 2017-231 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR UNREPRESENTED EMPLOYEES INCLUDING AUTHORIZATION FOR THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS TO IMPLEMENT SAID AMENDED COMPENSATION SUMMARY Recommended Action: Council adopt the resolutions. Approval of the Consent Calendar A motion was made by Deputy Mayor McCann, seconded by Councilmember Diaz, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Diaz, McCann and Casillas Salas3 - No:0 Abstain:0 PUBLIC COMMENTS William Perno expressed gratitude for offering the recent Active Shooter Preparedness Training. ACTION ITEMS 3.17-0535 A. RESOLUTION NO. 2017-232 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE DELETION OF VARIOUS POSITION TITLES AND AMENDING THE AUTHORIZED POSITION COUNT IN THE PUBLIC WORKS DEPARTMENT WITH NO NET CHANGE IN AUTHORIZED STAFFING B. RESOLUTION NO. 2017-233 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2017-2018 COMPENSATION SCHEDULE EFFECTIVE SEPTEMBER 29, 2017, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 TO REFLECT THE ADDITION OF SALARY RANGE MINIMUM (STEP A) FOR THE CITY CLERK CLASSIFICATION Page 2City of Chula Vista 2018-03-27 Agenda Packet Page 8 December 12, 2017City Council Meeting Minutes - Draft C. RESOLUTION NO. 2017-234 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2017-2018 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 22, 2017, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 TO REFLECT: (1) THE SALARY RANGE ADJUSTMENTS FOR RECREATION AIDE, CLERICAL AIDE AND LIBRARY AIDE; (2) THE ELIMINATION OF TWO INACTIVE, UNCLASSIFIED HOURLY POSITION TITLES, SCHOOL CROSSING GUARD AND MUSEUM ATTENDANT; (3) THE NEGOTIATED SALARY ADJUSTMENTS FOR POSITIONS REPRESENTED BY THE ASSOCIATION OF CHULA VISTA EMPLOYEES (ACE); AND (4) THE SALARY ADJUSTMENTS FOR EMPLOYEES IN THE CONFIDENTIAL GROUP AND UNREPRESENTED, HOURLY EMPLOYEES WITH AN ACE-REPRESENTED OR CONFIDENTIAL COUNTERPART D. RESOLUTION NO. 2017-235 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2017-2018 COMPENSATION SCHEDULE EFFECTIVE JANUARY 5, 2018, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 TO REFLECT THE NEGOTIATED SALARY ADJUSTMENTS FOR POSITIONS REPRESENTED BY THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2180 (IAFF) AND UNCLASSIFIED HOURLY EMPLOYEES IN POSITIONS WITH AN IAFF-REPRESENTED COUNTERPART E. RESOLUTION NO. 2017-236 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LETTERS OF UNDERSTANDING (INVOLVING THE CAFETERIA PLAN OPTIONAL CASH BENEFITS) WITH THE CHULA VISTA MID-MANAGERS/PROFESSIONAL ASSOCIATION/SEIU LOCAL 221 (MMPR/SEIU LOCAL 221) AND WESTERN COUNCIL OF ENGINEERS (WCE) Human Resources Director Chase spoke regarding the item. A motion was made by Deputy Mayor McCann, seconded by Councilmember Diaz, to adopt Resolution Nos. 2018-232 through 2018-236 headings read, text waived. The motion carried by the following vote: ACTION: Yes:Diaz, McCann and Casillas Salas3 - No:0 Abstain:0 CITY MANAGER’S REPORTS There were none. Page 3City of Chula Vista 2018-03-27 Agenda Packet Page 9 December 12, 2017City Council Meeting Minutes - Draft MAYOR’S REPORTS At the request of Mayor Casillas Salas, there was consensus of the Council to add an item to the agenda of December 19, 2017 to consider endorsement of the TEDx Chula Vista event, which would take place in May 2018. Mayor Casillas Salas announced that the San Diego Bike Coalition had awarded the City with a Golden Gear Award for its bike-friendly efforts and she recognized Principal Civil Engineer Rivera for leading the City's efforts. Mayor Casillas Salas announced the recent retirements of Officer Smith and Sergeant McAvenia. She reported on her attendance at the following recent events: opening of the teen drop-in center Safe Place, a retirement celebration honoring Library Director Betty Waznis, the residential Veteran's Home holiday party, and her announcement of the Coming Together Toy Drive on Channel 7 News. COUNCILMEMBERS’ COMMENTS Councilmember Diaz spoke regarding the importance of active shooter preparedness. Deputy Mayor McCann thanked the Boy Scouts from Corpus Christi for their attendance at the meeting. He reported on his attendance at the following recent events: League of California Cities meeting; the retirements of Community Service Officer Jackson, Officer Smith, and Sergeant McAvenia; the Police Department promotion ceremony; and the Veteran's Home holiday party. He also wished everyone a Merry Christmas, Happy Hanukkah, and Happy New Year. Councilmember Aguilar spoke regarding her recent tours of the KOA campground in Chula Vista and City parks. CITY ATTORNEY'S REPORTS City Attorney Googins announced that the Council would convene in closed session to discuss Items 4 and 6 listed below. He stated that Item 5 would be continued to a future date. William Best spoke regarding Closed Session Item 6. He expressed concern regarding the terms of the contract and spoke regarding the subject property. Mayor Casillas Salas announced that the meeting would be adjourned in memory of Amy Partosan. Mayor Casillas Salas recessed the meeting at 5:40 p.m. The Council reconvened in Closed Session at 5:45 p.m., with all members present except Councilmember Padilla. Page 4City of Chula Vista 2018-03-27 Agenda Packet Page 10 December 12, 2017City Council Meeting Minutes - Draft 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. 4.17-0541 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) Names of cases: (a) John Hess v. Dave Hanneman, et al, United States District Court, Case No. 14cv2271CAB(JMA); (b) Tommy LaNier v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2014-00019774-CU-DF-CTL; (c) A to Z Enterprises, Inc. v. City of Chula Vista, San Diego Superior Court, Case No. 37-2017-00031155-CU-CO-CTL; and (d) Lori Tremaine v City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2015-00043237-CU-PO-CTL Item 4a: No reportable action. Item 4b: Reportable action pending finalization of settlement. Item 4c: Reportable action pending finalization of settlement. Item 4d: Reportable action pending finalization of settlement. ACTION: 5.17-0542 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One [1 ] Case. Item 5 was not discussed. 6.17-0549 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 1095 Alpine Avenue, Chula Vista (APN 619-100-23) Agency negotiators: Gary Halbert, Eric Crockett, Rick Ryals Negotiating Parties: City of Chula Vista & William F. Best, property owner Under Negotiation: Price and terms for acquisition Reportable action pending finalization of agreement.ACTION: Page 5City of Chula Vista 2018-03-27 Agenda Packet Page 11 December 12, 2017City Council Meeting Minutes - Draft ADJOURNMENT At 6:00 p.m., Mayor Casillas Salas adjourned the meeting in memory of Amy Partosan to the special City Council Workshop on December 12, 2017, at 6:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, MMC, City Clerk Page 6City of Chula Vista 2018-03-27 Agenda Packet Page 12 City of Chula Vista Staff Report File#:18-0128, Item#: 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SIXTY DAY EXTENSION OF THE CITY’S AGREEMENT WITH AMERICAN MEDICAL RESPONSE, INC. FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICES WITHIN THE EXCLUSIVE OPERATING AREAS OF THE CITY OF CHULA VISTA, THE CITY OF IMPERIAL BEACH, AND THE BONITA/SUNNYSIDE FIRE DISTRICT RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City is currently under contract with American Medical Response, Inc. (“AMR”) for the exclusive provision of emergency ambulance transport services within a service area comprised of the City of Chula Vista, the City of Imperial Beach and the Bonita/Sunnyside Fire District. The contract is due to expire on March 31, 2018. The proposed amendment would extend the contract until May 31, 2018 to give the parties an opportunity to negotiate possible terms for a longer-term extension. If during this 60-day extension period such an agreement cannot be reached, the agreement would automatically terminate on August 31, 2018. This additional 90-day period is designed to allow all parties to wind down the existing arrangement in an orderly manner, and to transition to an alternative provider. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION The City is currently under contract with American Medical Response, Inc. (“AMR”) for the exclusive provision of emergency ambulance transport services within a service area comprised of the City of Chula Vista, the City of Imperial Beach and the Bonita/Sunnyside Fire District. The contract initially expired on September 30, 2017, but was extended by the City Manager to allow the parties additional time to negotiate terms for a longer-term agreement. The term for that interim extension is now itself City of Chula Vista Printed on 3/23/2018Page 1 of 3 powered by Legistar™2018-03-27 Agenda Packet Page 13 File#:18-0128, Item#: 2. time to negotiate terms for a longer-term agreement. The term for that interim extension is now itself due to expire on March 31, 2018. The City has been working with AMR over the past 18 months in an attempt to resolve issues with the existing contract, and to pursue possible terms for an extension. To date, the parties have been unable to reach such an agreement. Both parties have concerns with the economics of the existing arrangement. The City’s primary concerns are that City costs incurred in providing first responder services are not being fully reimbursed, AMR’s cost and revenue structure is difficult to audit, and that AMR’s rates continue to increase. By contrast, AMR has expressed the concern that a low local “collection rate,” combined with City reimbursement requirements, and constantly changing federal and state insurance rules and regulations, make the contract unprofitable. The proposed amendment would extend the contract until May 31, 2018 to give the parties one more opportunity to negotiate terms for a longer-term extension. If during this 60-day extension period such an agreement cannot be reached, the agreement would terminate 90 days later. This period is designed to allow all parties to wind down the existing arrangement in an orderly manner, and to transition to an alternative provider. 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 Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 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 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 item is consistent with the City’s goals of Operational Excellence and Secure Neighborhoods as it extends a contract for the provision of a vital City service, and provides for the orderly transition, if necessary, to an alternative provider of such service. CURRENT YEAR FISCAL IMPACT The agreement continues an existing arrangement between the City and AMR for the provision of emergency ambulance transport services within the City and the surrounding service territory. The costs of such services are billed to the patient pursuant to “maximum rates” established under the agreement. Under the terms of a separate agreement with AMR, the City provides “first responder” firefighter/paramedics services to AMR and in exchange receives a payment from AMR at a fixed rate of $583,683 per quarter. This payment defrays a significant portion of the costs City incurs in providing such services. During the extended term of the primary agreement, the City will continue to receive reimbursement from AMR under this separate agreement as it runs concurrent with the term of the primary agreement. City of Chula Vista Printed on 3/23/2018Page 2 of 3 powered by Legistar™2018-03-27 Agenda Packet Page 14 File#:18-0128, Item#: 2. ONGOING FISCAL IMPACT Ongoing fiscal impacts for the provision of emergency ambulance transport services will be determined by the provisions of any extended agreement the City might negotiate with AMR or an alternative provider. It is expected that the terms for such an agreement will be presented to the City Council for its consideration within the near future. ATTACHMENTS 1.Letter Agreement between the City and AMR Staff Contacts: Jim Geering, Fire Chief, Glen Googins, City Attorney City of Chula Vista Printed on 3/23/2018Page 3 of 3 powered by Legistar™2018-03-27 Agenda Packet Page 15 RESOLUTION NO._______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SIXTY DAY EXTENSION OF THE CITY’S AGREEMENT WITH AMERICAN MEDICAL RESPONSE, INC. FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICES WITHIN THE EXCLUSIVE OPERATING AREAS OF THE CITY OF CHULA VISTA, THE CITY OF IMPERIAL BEACH AND THE BONITA/SUNNYSIDE FIRE DISTRICT WHEREAS, the City is currently under contract with American Medical Response, Inc. (“AMR”) for the exclusive provision of emergency ambulance transport services within a service area comprised of the City of Chula Vista, the City of Imperial Beach and the Bonita/Sunnyside Fire District; and WHEREAS, the contract is due to expire on March 31, 2018; and WHEREAS, the proposed amendment would extend the contract until May 31, 2018 to give the parties an opportunity to negotiate possible terms for a longer-term extension; and WHEREAS, if during this 60-day extension period such an agreement cannot be reached, the agreement would terminate 90 days later to allow the parties to wind down the existing arrangement in an orderly manner, and to transition to an alternative provider. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves a sixty day extension of the EOA Agreement with AMR on the terms presented, and authorizes the City Manager working with the Fire Chief and the City Attorney to take any and all necessary and appropriate actions to implement same. Presented by Approved as to form by Gary Halbert Glen R. Googins City Manager City Attorney 2018-03-27 Agenda Packet Page 16 2018-03-27 Agenda Packet Page 17 2018-03-27 Agenda Packet Page 18 City of Chula Vista Staff Report File#:18-0114, Item#: 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL BY ROD BISHARAT AND AFFIRMING THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW PERMIT DR15-0037 AND CONDITIONAL USE PERMIT CUP15-0023 TO CONSTRUCT A 2,380 SQUARE-FOOT AUTOMATED CARWASH BUILDING WITH VACUUM STATIONS ON A 0.55 ACRE SITE LOCATED AT 495 TELEGRAPH CANYON ROAD, SUBJECT TO THE CONDITIONS CONTAINED THEREIN (THIS ITEM HAS BEEN WITHDRAWN AND WILL BE CONSIDERED AT A FUTURE DATE. PUBLIC NOTICE WILL BE PROVIDED FOR SAID CONSIDERATION.) City of Chula Vista Printed on 3/23/2018Page 1 of 1 powered by Legistar™2018-03-27 Agenda Packet Page 19 City of Chula Vista Staff Report File#:18-0126, Item#: 4. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One [1 ] Case. City of Chula Vista Printed on 3/23/2018Page 1 of 1 powered by Legistar™2018-03-27 Agenda Packet Page 20 City of Chula Vista Staff Report File#:18-0129, Item#: 5. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9d)(2)[or](3): One [1] Case. City of Chula Vista Printed on 3/23/2018Page 1 of 1 powered by Legistar™2018-03-27 Agenda Packet Page 21