HomeMy WebLinkAbout2021/07/13 Agenda
REGULAR MEETING OF THE CITY COUNCIL
Date:July 13, 2021, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
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SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor.
- Five minutes* for specific items listed on the agenda
- Three minutes* for items NOT on the agenda (called to speak during Public Comments)
- A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving
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*Individuals who use a translator will be allotted twice the amount of time.
GETTING TO KNOW YOUR AGENDA
Agenda Sections:
CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are
considered for approval at the same time with one vote. Councilmembers and staff may request items be
removed and members of the public may submit a speaker slip if they wish to comment on an item. Items
removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items.
PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on
the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot
take action on matters not listed on the agenda.
PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and
asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter
under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and
asks for public comments. The hearing is closed, and the City Council may discuss and take action.
ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not
legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of
staff and the involved parties before the Mayor invites the public to provide input.
CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The
most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice
the legal or negotiating position of the City or compromise the privacy interests of employees. Closed
sessions may be held only as specifically authorized by law.
Council Actions:
RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective
immediately.
ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the
Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances
require two hearings: an introductory hearing, generally followed by a second hearing at the next regular
meeting. Most ordinances go into effect 30 days after the final approval.
PROCLAMATIONS are issued by the City to honor significant achievements by community members,
highlight an event, promote awareness of community issues, and recognize City employees.
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1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.SPECIAL ORDERS OF THE DAY
4.1.Presentation by Environmental Services Manager Manuel Medrano on Procurement of
Recovered Organic Waste Products and SB 1383: Short-Lived Climate Pollutants
5.CONSENT CALENDAR (Items 5.1 through 5.9)
All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone
may request an item be removed for separate consideration.
RECOMMENDED ACTION:
Council approve the recommended action on the below consent calendar items.
5.1.Approval of Meeting Minutes
RECOMMENDED ACTION:
Approve the minutes dated: April 13, and 20, May 4, 11, and 18, 2021.
5.2.Waive Reading of Text of Resolutions and Ordinances
RECOMMENDED ACTION:
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
Report Number: 21-0089
Location: Otay Ranch Village 3
Department: Development Services
Environmental Notice: The Project was adequately covered in previously adopted final
Environmental Impact Reports (FEIRs) for the University Villages EIR (FEIR 13-01) (SCH
#2013071077) and Otay Ranch Village 2, 3 and a Portion of 4 EIR (FEIR02-02) (SCH
#2003091012), and only minor technical changes were required; therefore a Second
Addendum to FEIR 13-01 has been prepared.
RECOMMENDED ACTION:
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 (Second Reading and Adoption); 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. (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
Location: No specific geographic location
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. Notwithstanding the foregoing, the
activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California
Environmental Quality Act State Guidelines.
RECOMMENDED ACTION:
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 (Second Reading and Adoption).
5.5.Single Audit Report for Fiscal Year 2019/20
Report Number: 21-0090
Location: No specific geographic location
Department: Finance
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.
RECOMMENDED ACTION:
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
Report Number: 21-0065
Location: Heritage Road between Main Street and Entertainment Circle North
Department: Engineering & Capital Projects
Environmental Notice: The Project was adequately covered in previously adopted Mitigated
Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and
Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement
Project. Under NEPA, the California Department of Transportation (Caltrans) has determined
that the Project is a Categorical Exclusion under 23 USC 327.
RECOMMENDED ACTION:
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 (4/5 Vote Required); 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.
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5.7.Solid Waste and Recycling: Amend the Chula Vista Municipal Code Regarding the Definition of
Organic Waste, Enforcement Procedure to Prevent Disposal of Organic Waste, and
Modification to the Processing of Delinquent Collection Payments
Report Number: 21-0097
Location: No specific geographic location
Department: Economic Development
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. Notwithstanding the foregoing, the
activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California
Environmental Quality Act State Guidelines.
RECOMMENDED ACTION:
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 (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
Report Number: 21-0101
Location: Third Avenue between E Street and G Street
Department: Economic Development
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. Notwithstanding the foregoing, the
activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California
Environmental Quality Act State Guidelines.
RECOMMENDED ACTION:
A.Adopt a resolution approving a grant program to reimburse Third Avenue businesses
for costs associated with the design, permitting, and construction of curb cafés and
sidewalk cafés along Third Avenue and appropriating American Rescue Plan Act
funds therefor (4/5 Vote Required); and
B.Place an ordinance on first reading amending Chula Vista Municipal Code chapter
12.28 "Encroachments," to streamline the City's premitting process for certain
encroachments within the public right-of-way and make certain updates (First
reading).
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5.9.City Telephone System: Approve the Purchase of Various Telephone Hardware and Software
Items from NIC Partners and a Related Professional Services Agreement
Report Number: 21-0099
Location: No specific geographic location
Department: Information Technology Services
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the
California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing
Facilities) and Section 15303 class 3 (New Construction or Conversion of Small Structures).
RECOMMENDED ACTION:
Adopt a resolution approving a professional services agreement and the purchase of various
telephone hardware/software items from NIC Partners, Inc.
6.PUBLIC COMMENTS
The public may address the Council on any matter within the jurisdiction of the Council but not on the
agenda.
7.PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law.
7.1.Housing Element Update of the General Plan for the 2021-2029 Planning Period
Report Number: 21-0091
Location: No specific geographic location
Department: Development Services
Environmental Notice: Negative Declaration No. IS20-0004 has been prepared.
RECOMMENDED ACTION:
Conduct a Public Hearing and adopt a resolution approving the Housing Element Update of the
General Plan for the 2021-2029 Planning Period.
8.ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion and
deliberation.
8.1.Bayfront Project Special Tax Financing District: Declaring the Results of the Special Mail Ballot
Election of the District; Considering the Lawfulness of Proposed Changes to the District; and
Considering an Ordinance Authorizing the Levy of a Special Tax
Report Number: 21-0100
Location: Bayfront Project Special Tax Financing District
Department: Development Services
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.
2021/07/13 City Council Agenda Page 6 of 8
RECOMMENDED ACTION:
Acting as the legislative body of the Bayfront Project Special Tax Financing District: A) Adopt a
resolution 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 provided by law; and, if Proposition
A of the special mail ballot election is approved by the voters, then B) Adopt a resolution
determining that the changes to the rate and method of apportionment of special taxes
authorized to be levied therein and the expansion of territory wherein improvements may be
located and services may be provided are lawfully authorized; and C) Place an ordinance on
first reading amending Ordinance No. 3481 and authorizing the levy of a special tax in such
district pursuant to an amended and restated rate and method of apportionment (First
Reading).
9.CITY MANAGER’S REPORTS
10.MAYOR’S REPORTS
11.COUNCILMEMBERS’ COMMENTS
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
Location: No specific geographic location
Department: City Attorney
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.
RECOMMENDED ACTION:
City Council form an ad-hoc subcommittee 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) to assure conformance
with applicable laws, eliminate ambiguities, and address other matters as the subcommittee
may deem necessary or appropriate.
13.CLOSED SESSION
Announcements of actions taken in Closed Sessions shall be made available by noon on the next
business day following the Council meeting at the City Attorney's office in accordance with the Ralph
M. Brown Act (Government Code 54957.7)
13.1.Public Employee Performance Evaluation Pursuant to Government Code Section 54957
Title: City Clerk
13.2.Public Employee Performance Evaluation Pursuant to Government Code Section 54957
Title: City Manager
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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.
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
14.ADJOURNMENT
to the regular City Council meeting on July 27, 2021 at 5:00 p.m. in the Council Chambers.
Materials provided to the City Council related to an open session item on this agenda are available for
public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-
5041.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
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2021/07/13 City Council Agenda Page 8 of 8