Title
RESOLUTION NO. 2016-047 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING ATTORNEY SERVICES EXPENSES TO EXCEED $50,000 FOR THE CHULA VISTA OLYMPIC TRAINING CENTER PROJECT
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
Staff is recommending approval to exceed $50,000 in attorney services expenses in connection with the pending transfer of ownership and operation of the Chula Vista Olympic Training Center from the United States Olympic Committee to the City of Chula Vista. City Council approval for attorney service contract expenditures in excess of $50,000 is currently required per Chula Vista Municipal Code (CVMC) Section 2.56.110.A.3.
ENVIRONMENTAL REVIEW
Environmental Notice
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.
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Environmental Determination
The Director of Development Services 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 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 required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
On August 7, 2015, the City of Chula Vista Attorney’s Office issued a Request for Qualifications for the provision of legal services to the City in connection with a proposed/pending transaction with the United States Olympic Committee (“USOC”) regarding a transfer of ownership and agreements for ongoing operations of the Chula Vista Olympic Training Center (“CVOTC”). Three responses were received, and the City selected Procopio, Cory, Hargreaves & Savitch LLP (hereinafter referred to as “Attorney”) as the most qualified and cost-effective. The City entered into an agreement with Attorney on September 14, 2015 not to exceed $50,000.
To date, Attorney has worked primarily in negotiating and drafting agreements related to the transfer of the CVOTC and has billed approximately $45,000. In order to finalize the Operator Agreement, a revised Agreement with Easton Archery and related matters, the City Attorney anticipates additional legal assistance will be required in the approximate amount of $25,000 to $40,000 over the next nine months. Per the requirements contained in CVMC Section 2.56.110.A.3 the City Attorney office is seeking City Council approval for such additional expenditures.
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 development of the Olympic Training Center meets the strategic goals of Economic Vitality, Healthy Community and Connected Community.
CURRENT YEAR FISCAL IMPACT
The fiscal year 2015-16 budget for the City Attorney’s Office includes funding for attorney services. There is no additional fiscal impact as a result of this action.
ONGOING FISCAL IMPACT
There are no ongoing fiscal impacts as a result of this action.
ATTACHMENTS
Resolution
Staff Contact: Diem Do, Law Office Manager