HomeMy WebLinkAboutcc min 2021/02/16City of Chula Vista
Meeting Minutes - Final
5:00 PM Via Teleconference
Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Tuesday, February 16, 2021
REGULAR MEETING OF THE CITY COUNCIL
Pursuant to the Governor of the State of California ’s Executive Order N-29-20, and in the interest of public
health and safety during the COVID -19 pandemic, members of the City Council and staff participated in
this meeting via teleconference.
Members of the public participated remotely and were not present in Council Chambers. All votes were
taken by roll call and public comments were submitted electronically or otherwise in writing.
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda
items may be taken out of order during the meeting. The agenda items at this meeting were considered in
the order presented.
CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:03 p.m. via
teleconference and in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL:
Present:Councilmember Cardenas, Councilmember Galvez, Deputy Mayor McCann,
Councilmember Padilla and Mayor Casillas Salas
Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, and Assistant City
Clerk Turner
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Adam and Kathy Sparks led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A.21-0021 COVID-19 UPDATE BY CITY OF CHULA VISTA EMERGENCY
SERVICES COORDINATOR MARLON KING
Fire Chief Muns and Emergency Services Coordinator King gave a presentation on the item.
B.20-0527 PRESENTATION BY INTERIM CHIEF EXECUTIVE OFFICER, BILL
CARNAHAN OF THE SAN DIEGO COMMUNITY POWER PHASE ONE
LAUNCH UPDATE
Councilmember Padilla introduced Mr. Carnahan who, along with Cody Hooven, gave a presentation on the
item.
The following members of the public spoke in support of the item:
- Rita Clement, Chula Vista resident
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- Sara Kent
- Carolyn Scofield, Chula Vista resident
- Becky Thimm, Chula Vista resident
C.21-0019 PRESENTATION BY CHULA VISTA POLICE CAPTAIN DON REDMOND
OF THE POLICE DEPARTMENT'S LIVE 911
Police Chief Kennedy and Captain Redmond gave a presentation on the item.
D.21-0030 PRESENTATION OF A PROCLAMATION TO KATHY AND ADAM
SPARKS IN RECOGNITION OF MANGIA ITALIANO’S SIGNIFICANT
CONTRIBUTIONS TO THE CITY AND RESIDENTS OF CHULA VISTA
Mayor Casillas Salas read the proclamation and presented it virtually to Kathy and Adam Sparks.
CONSENT CALENDAR (Items 1 - 7)
Mayor Casillas Salas stated she would abstain from voting on Item 5 due to a potential property -related
conflict of interest. Item 7 was removed from the consent calendar at the request of staff.
1.21-0018 APPROVAL OF MINUTES of August 4 and 25, and September 15 and 22,
2020.
Recommended Action: Council approve the minutes.
2.21-0014 A.RESOLUTION NO. 2021-022 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY
NO. 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND
GUIDELINES; AMENDING THE EXISTING POLICY; AND DELEGATING
INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF
FINANCE/TREASURER-
B.INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER
31, 2020
Recommended Action: Council adopt the resolution and receive the report.
3.20-0392 RESOLUTION NO. 2021-023 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SCG -
SPICER CONSULTING GROUP, LLC. FOR SPECIAL TAX
CONSULTANT SERVICES FOR ASSESSMENT DISTRICTS,
COMMUNITY FACILITIES DISTRICTS, OPEN SPACE DISTRICTS AND
ANNUAL SEWER ASSESSMENT ADMINISTRATION SERVICES
Recommended Action: Council adopt the resolution.
4.20-0558 RESOLUTION NO. 2021-024 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TEMPORARILY WAIVING ALL LATE FEES IMPOSED
UPON DELINQUENT PAYMENTS OF BUSINESS LICENSE FEES FOR
THE CALENDAR YEAR 2021 RENEWAL PERIOD
Recommended Action: Council adopt the resolution.
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5.20-0560 RESOLUTION NO. 2021-025 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE 2021 ANNUAL REPORT FOR THE
DOWNTOWN CHULA VISTA PROPERTY-BASED BUSINESS
IMPROVEMENT DISTRICT
Recommended Action: Council adopt the resolution.
6.20-0550 RESOLUTION NO. 2021-026 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN
THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE
COLOCATION OF AN EXISTING CITY OF SAN DIEGO SOUTH METRO
INTERCEPTOR SEWER PIPELINE IN A SEGMENT OF E STREET
Recommended Action: Council adopt the resolution.
Item 7 was removed from the consent calendar.
Approval of the Consent Calendar
A motion was made by Mayor Casillas Salas, seconded by Deputy Mayor
McCann, to approve staff's recommendations on the above Consent Calendar
items, headings read, text waived. The motion carried by the following roll call
vote:
ACTION:
Yes:Cardenas, Galvez, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
Item 5:ACTION:
Yes:Cardenas, Galvez, McCann and Padilla4 -
No:0
Abstain:Casillas Salas1 -
ITEMS REMOVED FROM THE CONSENT CALENDAR
7.21-0029 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
(1) RESCINDING CITY COUNCIL RESOLUTION NO. 2021-001 AND
CANCELLING THE AWARD OF THE CONTRACT FOR THE “MAJOR
PAVEMENT REHABILITATION FY 2018/2019 (STM0397)” PROJECT TO
FRANK AND SON PAVING, INC. AND (2) AWARDING THE PROJECT
CONTRACT TO THE NEXT APPARENT LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER, HAZARD CONSTRUCTION COMPANY, IN
THE AMOUNT OF $2,082,419.70
Engineering Director Valle spoke regarding the item.
A representative from Frank & Son Paving Inc. submitted comments and spoke in opposition to staff's
recommendation.
Jason Mordhorst, representing Hazard Construction, submitted comments and spoke in support of staff's
recommendation.
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Cyndi Beilman, representing Surety Associates of Southern California, submitted written comments
regarding the circumstances surrounding the obtaining of a bond by Frank & Son Paving.
Alicia Vasquez, representing Frank & Son Paving Inc ., submitted comments in opposition to staff's
recommendation.
There was consensus of the Council, based on evidence presented orally and in writing, to make the
determination that, under the extenuating circumstances, the failure of Frank and Son Paving, Inc. to
timely provide the required performance and payment bonds for the “Major Pavement Rehabilitation FY
2018/19 (STM0397)” project in a timely manner was excusable and constituted a minor defect.
PUBLIC COMMENTS
8.21-0025 PUBLIC COMMENTS RECEIVED for February 16, 2021
The following members of the public submitted written comments expressing concern regarding the
condition of a shopping center on Bonita Road:
-Stephen Stonehouse, Bonita resident
-Sharmane Estolano, Bonita resident
Jonathan Hawes expressed concern regarding an issue in City of El Monte.
Bernadette Clowers submitted comments in support of upgrading the Council meeting video quality.
ACTION ITEMS
9.20-0556 CONSIDERATION OF ESTABLISHING NEW GREENS FEES AT THE
CHULA VISTA MUNICIPAL GOLF COURSE
RESOLUTION NO. 2021-027 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 8 (GREENS FEES) OF THE
CITY’S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS
FEES AT THE CHULA VISTA MUNICIPAL GOLF COURSE
Deputy City Manager Crockett spoke regarding the item.
Council discussion ensued.
Bob Strahl submitted comments in support of staff's recommendations.
A motion was made by Deputy Mayor McCann, seconded by Councilmember
Galvez, to adopt Resolution No. 2021-027, heading read, text waived. The motion
carried by the following roll call vote:
ACTION:
Yes:Cardenas, Galvez, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
10.20-0557 CONSIDERATION OF ESTABLISHING ENERGY BENCHMARKING AND
CONSERVATION REQUIREMENTS FOR MULTIFAMILY AND
COMMERCIAL BUILDINGS
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ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
15.26 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH
ENERGY BENCHMARKING AND CONSERVATION REQUIREMENTS
FOR MULTIFAMILY AND COMMERCIAL BUILDINGS (FIRST READING)
(THIS ITEM WAS PREVIOUSLY ON THE AGENDA OF 1/5/2021.)
Chief Sustainability Officer Gakunga and Environmental Sustainability Manager Wisniewski gave a
presentation on the item.
The following members of the public submitted comments in support of staff's recommendation:
-Darbi Berry, representing San Diego Regional Climate Collaborative
-Jason Anderson, representing Cleantech San Diego
-Carolyn Scofield, Chula Vista resident
- Becky Thimm, Chula Vista resident
- Noah Harris, San Diego resident
- Rita Clement, Chula Vista resident
Council discussion ensued.
Matt Adams, representing Building Industry Association of San Diego County, submitted comments in
opposition to staff's recommendation and in support of the item being considered at a future date.
Lisa Cohen, representing the Chula Vista Chamber of Commerce, submitted written comments requesting
the item be considered at a future date.
A motion was made by Mayor Casillas Salas, seconded by Councilmember
Padilla, to place the above ordinance on first reading, as amended to change
enforcement provisions by deleting Section I.2.b. The heading was read, text
waived. The motion carried by the following roll call vote:
ACTION:
Yes:Cardenas, Galvez, Padilla and Casillas Salas4 -
No:McCann1 -
Abstain:0
11.20-0570 CONSIDERATION OF APPROVING AMENDED AND RESTATED
REVENUE SHARING AND JOINT COMMUNITY FACILITIES
AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT DISTRICT AND
CHANGES TO THE RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAXES FOR THE BAYFRONT PROJECT SPECIAL TAX
FINANCING DISTRICT
A.RESOLUTION NO. 2021-028 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A THIRD AMENDED AND RESTATED
REVENUE SHARING AGREEMENT BY AND AMONG THE CITY OF
CHULA VISTA, THE SAN DIEGO UNIFIED PORT DISTRICT, AND THE
CHULA VISTA BAYFRONT FACILITIES FINANCING AUTHORITY
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B.RESOLUTION NO. 2021-029 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AMENDED AND RESTATED JOINT
COMMUNITY FACILITIES AGREEMENT BY AND BETWEEN THE CITY
OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR
THE CHULA VISTA BAYFRONT PROJECT SPECIAL TAX FINANCING
DISTRICT
C.RESOLUTION NO. 2021-030 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE
BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT
DECLARING ITS INTENTION TO CONSIDER CHANGES TO THE RATE
AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
AUTHORIZED TO BE LEVIED THEREIN AND EXPAND TERRITORY
WHEREIN IMPROVEMENTS MAY BE LOCATED AND SERVICES MAY
BE PROVIDED
City Manager Kachadoorian and Ann Moore, representing the San Diego Unified Port District, spoke
regarding the item and recognized staff and others involved in the Bayfront efforts.
A motion was made by Councilmember Padilla, seconded by Mayor Casillas
Salas, to adopt Resolution Nos. 2021-028 through 2021-030, headings read, text
waived. The motion carried by the following roll call vote:
ACTION:
Yes:Cardenas, Galvez, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
12.21-0010 CONSIDERATION OF ACCEPTING FEDERAL FUNDS AND APPLYING
FOR STATE FUNDS FOR AN EMERGENCY RENTAL ASSISTANCE
PROGRAM AND ENTERING INTO A CONTRACTOR/SERVICE
PROVIDER AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES
A.RESOLUTION NO. 2021-031 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE ACCEPTANCE OF A
CONSOLIDATED APPROPRIATIONS ACT OF 2021 ALLOCATION
FROM THE UNITED STATES DEPARTMENT OF TREASURY FOR AN
EMERGENCY RENTAL ASSISTANCE PROGRAM AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
B.RESOLUTION NO. 2021-032 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE CITY TO PURSUE AND ACCEPT
A BLOCK GRANT FROM STATE OF CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR A STATE
EMERGENCY RENTAL ASSISTANCE PROGRAM, AUTHORIZING THE
CITY MANAGER OR DESIGNEE TO EXECUTE A STANDARD
AGREEMENT WITH HCD FOR THE IMPLEMENTATION OF A STATE
EMERGENCY RENTAL ASSISTANCE PROGRAM PURSUANT TO
SENATE BILL 91, AND APPROPRIATING FUNDS THEREFOR (4/5
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VOTE REQUIRED)
C.RESOLUTION NO. 2021-033 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING
REQUIREMENTS PURSUANT TO CHULA VISTA MUNICIPAL CODE
SECTION 2.56.070(B)(3) AND APPROVING A CONTRACTOR/SERVICE
PROVIDER AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES
TO PROVIDE AN EMERGENCY RENTAL AND UTILITY ASSISTANCE
PROGRAM FUNDED BY STATE AND FEDERAL CONSOLIDATED
APPROPRIATIONS ACT OF 2021 ALLOCATIONS
City Attorney Googins announced that Deputy Mayor McCann would abstain from voting on the item due to
a potential property -related conflict of interest. Deputy Mayor McCann left the meeting during discussion
and action on the item.
Housing Manager Hines gave a presentation on the item. She, Marketing and Communications Manager
Steinberger, and Senior Management Analyst Dorado responded to questions of the Council.
The following members of the public submitted comments expressing a neutral position on the item and
concern regarding landlords receiving potential funds:
- Edward A
- Maty Adato
Margaret Baker, representing South Bay People Power, submitted comments in support of the item.
City Attorney Googins announced that a revised resolution for Item 12B had been distributed to the
Council and that action would be with respect to the revised document.
A motion was made by Mayor Casillas Salas, seconded by Councilmember
Galvez, to adopt Resolution Nos. 2021-031 through 2021-033, headings read, text
waived. The motion carried by the following roll call vote:
ACTION:
Yes:Cardenas, Galvez, Padilla and Casillas Salas4 -
No:0
Abstain:McCann1 -
CITY MANAGER’S REPORTS
City Manager Kachadoorian acknowledged the successful issuance of the City's pension obligation bonds
at a rate of 2.54% and recognized the City Council for its work on the City's reserve policy, as well as
Finance Director Bilby and the Finance Department
13.21-0037 CITY MANAGER’S PROPOSED EMERGENCY ORDER, ACTING AS
THE CITY’S DIRECTOR OF EMERGENCY OPERATIONS, TO CAP
THIRD PARTY RESTAURANT DELIVERY FEES AT 15%, AND TO
POTENTIALLY CAP RELATED SERVICE FEES, UNTIL SUCH TIME AS
THE STATE TAKES PREEMPTIVE ACTION OR RESTAURANTS ARE
ALLOWED TO OPERATE INDOORS, AND SOLICITING CITY
COUNCIL/PUBLIC INPUT REGARDING SAME
City Manager Kachadoorian gave a presentation on the item.
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MAYOR’S REPORTS
At the request of Mayor Casillas Salas, there was consensus of the Council to add an item to a future
Council agenda to consider joining the Mayor's Monarch Pledge to support Monarch butterflies.
Mayor Casillas Salas spoke regarding the following events: COVID-19 Community Champion nominations,
grand opening of La Central Urban Grill, 3rd Ave Streetscape ribbon cutting, County virtual town hall on
vaccines, and Veteran's Park reopening. She spoke regarding COVID -19 vaccination availability and
recognized the Library and Fire Departments.
Mayor Casillas Salas provided an update from former Councilmember Pamela Bensoussan.
COUNCILMEMBERS’ COMMENTS
Councilmember Cardenas recognized staff for the items presented to the Council. She spoke regarding
the Chula Vista superstation and thanked the staff. She thanked to those watching the meeting for the
participation in a long meeting.
Councilmember Galvez spoke regarding the following events: Envision Broadway mixer, 111th National
City Chamber of Commerce induction, 3rd Avenue Streetscape ribbon cutting, Veteran's Park reopening
and the grand opening of La Central Urban Grill. She thanked and recognized the Fire Department for
Operation Immunity and spoke regarding the City's pension obligation bonds.
Deputy Mayor McCann recognized employees and health care workers, spoke regarding Operation
Immunity and thanked City Manager Kachadoorian and Finance Director Bilby for their work on the City's
Pension Obligation Bonds. He spoke regarding poke regarding the following events: Third Avenue
Streetscape ribbon cutting, Veteran's Playground grand reopening and the virtual Chula Vista golf course
forum.
CITY ATTORNEY'S REPORTS
There was none.
CLOSED SESSION
City Attorney Googins announced that the Council would convene in Closed Session to discuss Items 14
and 15 listed below.
Mayor Casillas Salas recessed the meeting at 9:03 P.M. The Council reconvened in Closed Session at
9:10 P.M., with all members present.
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.
14.21-0575 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(d)(1)
Name of case:
A.Estate of Oral Nunis, Sr. by and through Roxie A. Nunis, et al. v.City of
Chula Vista, San Diego Superior Court, Case No. 37-2020-43271
-CU-CR-CTL;
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B.Lucy Ludwig-Melendez, et al. v. City of Chula Vista, San Diego
Superior Court, Case No. 37-2019-34737-CU-EI-CTL
No Reportable ActionACTION:
15.21-0576 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section
54956.9(d)(2) [or] (3):
(2) Cases:
A.Claim presented 07/17/20; and
B.Claim re: Notice of Potential Liability, Request for Information, Request
for Payment, and Request for Performance of Work Associated with
Releases and Threatened Releases of Hazardous Substances at the San
Diego Bay National Wildlife Refuge Site in Chula Vista and National City,
California
No Reportable ActionACTION:
ADJOURNMENT
Mayor Casillas Salas paid tribute to James Alderete Borboa and adjourned the meeting in his memory.
The meeting was adjourned at 10:10 p.m.
Minutes prepared by: Tyshar L. Turner, Assistant City Clerk
_______________________________
Kerry K. Bigelow, MMC, City Clerk
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