HomeMy WebLinkAboutcc min 2021/07/13
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REGULAR MEETING OF THE CITY COUNCIL
Meeting Minutes
July 13, 2021, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Cardenas, Councilmember Galvez, Deputy
Mayor McCann, Councilmember Padilla, Mayor Casillas Salas
Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk
Bigelow, Assistant City Clerk Turner
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.
Item 5.8 was considered individually following approval of the Consent Calendar.
_____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order
at 5:06 p.m. via teleconference and in the Council Chambers, located in City Hall,
276 Fourth Avenue, Chula Vista, California.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Cardenas led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
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4.1 Presentation by Environmental Services Manager Manuel Medrano on
Procurement of Recovered Organic Waste Products and SB 1383:
Short-Lived Climate Pollutants
Environmental Services Manager Medrano gave a presentation on the item
and responded to questions of the Council.
5. CONSENT CALENDAR (Items 5.1 through 5.9)
Mayor Casillas Salas stated she would abstain from voting on Item 5.8 due to a
potential property-related conflict of interest; Deputy Mayor McCann stated he
would abstain from voting on Items 5.3 and 5.4; Councilmember Galvez stated she
would abstain from voting on Item 5.4. Item 5.8 was removed from the Consent
Calendar at the request of Councilmember Galvez.
Moved by Mayor Casillas Salas
Seconded by Councilmember Cardenas
To approve the recommended action appearing below Consent Calendar Items
5.1, 5.2, 5.5 through 5.7, and 5.9. The headings below were read, text waived. The
motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember
McCann, Councilmember Padilla, and Mayor Casillas Salas
Carried (5 to 0)
Moved by Mayor Casillas Salas
Seconded by Councilmember Cardenas
To approve the recommended action appearing be low consent calendar Item 5.3.
The heading below was read, text waived. The motion carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Galvez, Councilmember
Padilla, and Mayor Casillas Salas
Abstain (1): Councilmember McCann
Carried (4 to 0)
Moved by Mayor Casillas Salas
Seconded by Councilmember Cardenas
To approve the recommended action appearing below consent calendar Item 5.4.
The heading below was read, text waived. The motion carried by the following vote:
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Yes (3): Councilmember Cardenas, Councilmember Padilla, and Mayor Casillas
Salas
Abstain (2): Councilmember Galvez, and Councilmember McCann
Carried (3 to 0)
5.1 Approval of Meeting Minutes
Approve the minutes dated: April 13, and 20, May 4, 11, and 18, 2021.
5.2 Waive Reading of Text of Resolutions and Ordinances
Approve a motion to read only the title and waive the reading of the text of
all resolutions and ordinances at this meeting.
5.3 Proposed Amendments to Otay Ranch Village 3 to Include the
“FlatRock” Parcel and Change Land Use of Three Parcels of Land to
Residential Uses, Resulting in an Increase From 1,597 to 1,638
Permitted Residential Units
Anthony Ball submitted comments in opposition to staff's recommendation
on the item.
Adopt ordinance A) approving the Sectional Planning Area (SPA) Planned
Community District (Form Based Code) Regulations for Otay Ranch Village
Three North and a Portion of Village Four and B) approving the second
amendment to the Development Agreements between the City of Chula
Vista and C Village III Master, LLC and V Otay Land II, LLC and Otay Land
Company, LLC and HomeFed Village 8, LLC.
A) ORDINANCE NO. 3504 OF THE CITY OF CHULA VISTA APPROVING
THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY
DISTRICT (FORM BASED CODE) REGULATIONS FOR OTAY RANCH
VILLAGE THREE AND A PORTION OF VILLAGE FOUR (SECOND
READING AND ADOPTION)
B) ORDINANCE NO. 3505 OF THE CITY OF CHULA VISTA APPROVING
THE SECOND AMENDMENTS TO THE DEVELOPMENT AGREEMENTS
BETWEEN THE CITY OF CHULA VISTA AND HOMEFED VILLAGE III
MASTER, LLC AND HOMEFED OTAY LAND II, LLC AND OTAY LAND
COMPANY, LLC AND HOMEFED VILLAGE 8, LLC (SECOND READING
AND ADOPTION)
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5.4 Campaign Contributions: Ordinance Regarding Campaign
Contributions and Possible Reassignment of Districts After
Fundraising Has Begun Due to Redistricting
Adopt an ordinance amending sections of Chula Vista Municipal Code
chapter 2.52 regarding campaign contributions to account for possible
reassignment of City Council districts after fundraising has begun as a result
of redistricting.
EMERGENCY ORDINANCE NO. 3506 OF THE CITY OF CHULA VISTA
AMENDING VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE
CHAPTER 2.52, “CAMPAIGN CONTRIBUTIONS,” TO ACCOUNT FOR
POSSIBLE REASSIGNMENT OF CITY COUNCIL DISTRICTS AFTER
FUNDRAISING HAS BEGUN AS A RESULT OF REDISTRICTING
(SECOND READING AND ADOPTION)
5.5 Single Audit Report for Fiscal Year 2019/20
Council receive and file Single Audit Report for Fiscal Year 2019/20.
5.6 Heritage Bridge Replacement Project (STM0386): Appropriate Funds
and Approve a Fourth Amendment to the Agreement with Moffatt &
Nichol for the Project
Adopt resolution A) accepting $619,710 of the Federal Highway Bridge
Program funds based on unanticipated revenue and $553,000 from the
available balance of the Transportation Development Impact Fee Fund to
STM0386; and B) approving the fourth amendment to the existing
agreement with Moffat & Nichol to increase the maximum contract value
from $3,815,374.04 to $4,023,101.04.
RESOLUTION NO. 2021-134 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $619,710 IN HIGHWAY BRIDGE PROGRAM
FUNDS BASED ON UNANTICIPATED REVENUE AND APPROPRIATING
SAID FUNDS AND $553,000 FROM THE AVAILABLE BALANCE OF THE
TDIF FUND TO STM0386 ; AND APPROVING THE FOURTH
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND MOFFATT AND NICHOL TO PROVIDE PRELIMINARY
ENGINEERING, ENVIRONMENTAL DOCUMENTATION, AND FINAL
DESIGN FOR THE HERITAGE ROAD BRIDGE REPLACEMENT
PROJECT (STM0386)
5.7 Solid Waste and Recycling: Amend the Chula Vista Municipal Code
Regarding the Definition of Organic Waste, Enforcement Procedure to
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Prevent Disposal of Organic Waste, and Modification to the
Processing of Delinquent Collection Payments
Place an ordinance on first reading amending various sections of Chula
Vista Municipal Code Chapters 8.24 and 8.25 to update the definition of
organic waste, authorize the City Manager to develop an enforcement
procedure to prevent the landfill disposal of organic waste, and modify the
processing of delinquent waste collection payments
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS
SECTIONS OF CHULA VISTA MUNICIPAL CODE CHAPTERS 8.24,
“SOLID WASTE AND LITTER,” AND 8.25, “RECYCLING,” TO UPDATE
THE DEFINITION OF ORGANIC WASTE, AUTHORIZE THE CITY
MANAGER TO DEVELOP AN ENFORCEMENT PROCEDURE TO
PREVENT THE LANDFILL DISPOSAL OF ORGANIC WASTE, AND
MODIFY THE PROCESSING OF DELINQUENT WASTE COLLECTION
PAYMENTS (FIRST READING)
5.8 Third Avenue Curb Cafes and Sidewalk Cafes: Approve a
Reimbursement Grant Program for Curb Cafes and Sidewalk Cafes on
Third Avenue and Streamline the City's Permit Processes for Certain
Encroachments Within the Public Right-of-Way
Mayor Casillas Salas left the dais during the discussion and voting on the
item.
Deputy City Manager Crockett spoke regarding the item and he and City
Attorney Googins responded to questions of the Council.
Robert Casey submitted written documentation in opposition to staff's
recommendation on the item.
Timothy Parker, representing Chula Vista Brewery, spoke in support of
staff's recommendation on the item.
Moved by Councilmember Galvez
Seconded by Councilmember Cardenas
To adopt Resolution No. 2021-135 and place the ordinance on first reading.
The headings below were read, text waived. The motion carried by the
following vote:
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Yes (4): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, and Councilmember Padilla
Abstain (1): Mayor Casillas Salas
Carried (4 to 0)
RESOLUTION NO. 2021-135 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A GRANT PROGRAM TO REIMBURSE
THIRD AVENUE BUSINESSES FOR COSTS ASSOCIATED WITH THE
DESIGN, PERMITTING AND CONSTRUCTION OF CURB CAFÉS AND
SIDEWALK CAFÉS; AND APPROPRIATING FUNDS THEREFOR (4/5
VOTE REQUIRED)
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CERTAIN
SECTIONS OF CHAPTER 12.28 OF THE CHULA VISTA MUNICIPAL
CODE TO STREAMLINE THE CITY’S PERMIT PROCESSES FOR
CERTAIN ENCROACHMENTS WITHIN THE PUBLIC RIGHT -OF-WAY
(FIRST READING)
5.9 City Telephone System: Approve the Purchase of Various Telephone
Hardware and Software Items from NIC Partners and a Related
Professional Services Agreement
Adopt a resolution approving a professional services agreement and the
purchase of various telephone hardware/software items from NIC Partners,
Inc.
RESOLUTION NO. 2021-136 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PURCHASE OF VARIOUS
TELEPHONE HARDWARE AND SOFTWARE EQUIPMENT FROM NIC
PARTNERS UTILIZING NASPO VALUEPOINT CONTRACT AR-3227
CALIFORNIA PARTICIPATING ADDENDUM #7-29-70-47-01 AND LOS
ANGELES COMMUNITY COLLEGE DISTRICT MASTER AGREEMENT
#40381; AND APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH NIC PARTNERS UTILIZING CALIFORNIA MULTIPLE AWARD
SCHEDULE (CMAS) CONTRACT # 3-19-70-2473AE FOR
PROFESSIONAL SERVICES
6. PUBLIC COMMENTS
Kelly Lannon, representing the Third Avenue Village Association (TAVA), shared
TAVA's goals and events.
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Christopher Escamilla spoke regarding working with Councilmember Galvez
regarding speed radars to address speed racing.
Theresa Acerro, Chula Vista resident, submitted written documentation regarding
ambulance transport.
7. PUBLIC HEARINGS
7.1 Housing Element Update of the General Plan for the 2021-2029
Planning Period
Notice of the hearing was given in accordance with legal requirements, and
the hearing was held on the date and no earlier than the specified in the
notice.
Director of Development Services Allen and Assistant Director of
Development Services Black gave a presentation on the item and
responded to questions of the Council.
Mayor Casillas Salas opened the public hearing.
There being no members of the public who wished to speak, Mayor Casillas
Salas closed the public hearing.
Moved by Mayor Casillas Salas
Seconded by Councilmember Cardenas
To adopt Resolution No. 2021-137. The heading below was read, text
waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, Councilmember Padilla, and Mayor Casillas
Salas
Carried (5 to 0)
RESOLUTION NO. 2021-137 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE HOUSING ELEMENT UPDATE THE
GENERAL PLAN FOR THE 2021-2029 PLANNING PERIOD AND
ADOPTION OF NEGATIVE DECLARATION, IS20-0004
Mayor Casillas Salas recessed the meeting at 6:45 p.m. The meeting
reconvened at 6:51 p.m., with all members present.
8. ACTION ITEMS
8.1 Bayfront Project Special Tax Financing District: Declaring the Results
of the Special Mail Ballot Election of the Dis trict; Considering the
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Lawfulness of Proposed Changes to the District; and Considering an
Ordinance Authorizing the Levy of a Special Tax
City Clerk Bigelow announced the total votes in favor of Prop A were 262
with zero votes opposed and that Resolution A had been distributed to
Council.
Moved by Mayor Casillas Salas
Seconded by Councilmember Padilla
To adopt Resolution No. 2021-138. The heading below was read, text
waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, Councilmember Padilla, and Mayor Casillas
Salas
Carried (5 to 0)
A) RESOLUTION NO. 2021-138 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING
DISTRICT, RECITING THE FACT OF THE SPECIAL MAIL BALLOT
ELECTION HELD ON JULY 13, 2021 IN SUCH DISTRICT, DECLARING
THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED
BY LAW
Moved by Mayor Casillas Salas
Seconded by Councilmember Padilla
To adopt Resolution No. 2021-139. The heading below was read, text
waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, Councilmember Padilla, and Mayor Casillas
Salas
Carried (5 to 0)
B) RESOLUTION NO. 2021-139 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING
DISTRICT DETERMINING THAT THE CHANGES TO THE RATE AND
METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO
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BE LEVIED THEREIN AND THE EXPANSION OF TERRITORY WHEREIN
IMPROVEMENTS MAY BE LOCATED AND SERVICES MAY BE
PROVIDED ARE LAWFULLY AUTHORIZED
Moved by Mayor Casillas Salas
Seconded by Councilmember Padilla
To place the ordinance on first reading. The heading below was read, text
waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, Councilmember Padilla, and Mayor Casillas
Salas
Carried (5 to 0)
C) ORDINANCE OF THE CITY OF CHULA VISTA ACTING AS THE
LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL TAX
FINANCING DISTRICT, AMENDING ORDINANCE NO. 3481 AND
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH DISTRICT
PURSUANT TO AN AMENDED RATE AND METHOD OF
APPORTIONMENT THEREOF (FIRST READING)
9. CITY MANAGER’S REPORTS
There were none.
10. MAYOR’S REPORTS
At the request of Mayor Casillas Salas, there was a consensus of the Council to
add an item to a future agenda to consider sponsoring the 2021 Starlight Parade
and approve the formation of an ad hoc committee to work on the event.
Mayor Casillas Salas announced applications were still being accepted for the
Emergency Rental Assistance Program and the County Small Business Stimulus
Grant. Mayor Casillas Salas encouraged vaccinations and reported her
attendance at the following recent events: a congratulatory luncheon for Shelly
Rudd honoring her for her work with the Historic Society and the swearing -in
ceremony for four new officers.
11. COUNCILMEMBERS’ COMMENTS
Councilmember Padilla expressed gratitude to be back in Chambers.
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Councilmember Cardenas stated she was glad to be back in Chambers. At the
request of Councilmember Cardenas, there was consensus of the Council to make
a referral to the Human Relations Commission to explore ways the City could
expand gender-inclusive language, such as inclusive pronouns in City documents.
Deputy Mayor McCann thanked the Police Department for the new police officers.
He reported his attendance at several Fourth of July barbecue's w ith local
veterans.
Councilmember Galvez thanked her summer volunteer, Christopher Escamilla for
his presentation on street racing. She also thanked housing staff and Alliance of
Californians for Community Empowerment (ACCE) for their assistance with
residents on Smith Avenue. Councilmember Galvez reported her attendance at
the following recent events: US Army's 246th birthday; first meeting of United
States-Mexico-Canada Agreement (USMCA) Environmental Committee;
Juneteenth flag raising; promotional ceremony for new police staff; ribbon-cutting
ceremony for the San Diego Kabob Shack; the Chicano Federation annual
luncheon; visit to the Chula Vista High School Garden; ribbon -cutting ceremony
for the Blue Line Trolley; introduction of Morgan Rogers, the new area operations
manager of the South Bay Treatment Plant; her open office hours on the Chula
Vista Library Deck; tour of the Sun Communities RV Park; Fraternal Order of
Police's Lodge 12 meeting; and Chula Vista Garden Club new officers instillation.
She thanked Michael Biedenbender and his wife for their service and welcomed
returning president Crystal Fairley. Councilmember Galvez thanked Assistant
Director of Development Services Black for her assistance in expediting the
permits for Algo Bueno restaurant and also thanked Public Works staff, Sam
Alzubaidi, Frank Herrera, and Steve Padilla as well as the Alpha Project for their
work on improvements to Hilltop Park.
12. CITY ATTORNEY'S REPORTS
12.1 Council Subcommittee on Campaign Contribution Ordinance:
Request for City Council Formation of an Ad -Hoc Subcommittee to
Provide Recommendations on the City's Campaign Contribution
Ordinance
City Attorney Googins provided information on the item.
Moved by Mayor Casillas Salas
Seconded by Councilmember Galvez
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To form an ad-hoc subcommittee consisting of Mayor Casillas Salas and
Councilmember Padilla to work with the City Attorney’s Office to develop
and provide recommendations to the City Council regarding updates to the
City’s Campaign Contribution Ordinance (Chula Vista Municipal Code
chapter 2.52).
Yes (5): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, Councilmember Padilla, and Mayor Casillas
Salas
Carried (5 to 0)
13. 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.
City Attorney Googins announced that the Council would convene in closed
session to discuss the items listed below.
Mayor Casillas Salas recessed the meeting at 7:12 p.m. The Council convened in
Closed Session at 7:18 p.m., with all members present.
13.1 Public Employee Performance Evaluation Pursuant to Government
Code Section 54957
Title: City Clerk
ACTION: No Reportable Action
13.2 Public Employee Performance Evaluation Pursuant to Government
Code Section 54957
Title: City Manager
ACTION: No Reportable Action
13.3 Conference with Legal Counsel Regarding Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
A) Name of case: Lucy Ludwig-Melendrez, et al. v. City of Chula Vista, San
Diego Superior Court, Case No. 37-2019-00034737-CU-CI-CTL.
ACTION: No Reportable Action
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B) Name of case: In Re National Prescription Opiate Litigation, United
States District Court of Ohio, Eastern Division, Case No. 1:17-md-2804-
DAP
ACTION: Pending Finalization of Settlement
14. ADJOURNMENT
The meeting was adjourned at 7:54 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk
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