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RESOLUTION NO. 2015-285 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $460,000 TO THE NON- DEPARTMENTAL SUPPLIES AND SERVICES BUDGET FOR UNANTICIPATED ATTORNEY SERVICES EXPENSES (4/5 VOTE REQUIRED)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
Staff is recommending appropriating funds to the Non Departmental budget for unanticipated attorney services expenses in the matter of City of Chula Vista v. Bay & E (Eye Candy).
ENVIRONMENTAL REVIEW
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
In fiscal year 2014-2015, an appropriation of $300,000 was approved by the City Council for expenses including attorney services for City initiated prosecution of illegal land use and zoning violations (aka City of Chula Vista v. Bay & E). The City was successful in its litigation outcome with the ruling requiring that the closure of the Bay & E facility. As part of the process, the City attempted to recover fees. It is typically difficult for government entities to recover any fees however the City was successfully awarded $51,000. The net funds due the City are approximately $25,000. Due to the extended litigation, the appropriated funds were insufficient to cover all the required costs therefore, this appropriation is being requested.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.).
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
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The work performed in this matter supports the Strong and Secure Neighborhoods goal as it seeks to promote appropriate land uses.
CURRENT YEAR FISCAL IMPACT
The current fiscal year impact will result in the appropriation of $460,000 to the Supplies and Services expense category of the Non-Departmental budget. This appropriation will be offset by current fiscal year unanticipated General Fund discretionary revenues resulting in no net impact to the General Fund.
ONGOING FISCAL IMPACT
There are no ongoing fiscal impacts as a result of this action as this is a one-time appropriation to offset one-time unanticipated attorney services expenses.
ATTACHMENTS
Resolution
Staff Contact: Diem Do, Law Office Manager