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Home My WebLink Aboutcc min 2022/01/25City of Chula Vista Regular Meeting of the City Council Meeting Minutes January 25, 2022, 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. The agenda items were considered in the order presented except for Items 8.1 and 10.1, which were heard after Item 7.1. _____________________________________________________________________ 1. 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. 2. ROLL CALL City Clerk Bigelow called the roll. Councilmember Padilla arrived at 5:07 p.m. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office  Candice Custodio-Tan - Human Relations Commission  Lynne Pine - Veterans Advisory Commission  Vikki Robinson Opeodu - Housing Advisory Commission City Clerk Bigelow administered the oath of office to Commissioners Custodio-Tan, Pine and Opeodu and Councilmember Cardenas presented them with a certificate of appointment. DocuSign Envelope ID: 09B4BF96-7BE8-475E-9B71-2927F44CB49D 2022/01/25 – City Council Regular Meeting Page 2 4.2 Presentation of a Proclamation to Southwestern College Student Xiomara Villarreal-Gerardo for Award-Winning Journalism Mayor Casillas Salas read the proclamation and Councilmember Galvez presented it to Xiomara Villareal-Gerardo. 5. CONSENT CALENDAR (Items 5.1 through 5.8) Moved by Mayor Casillas Salas Seconded by Councilmember McCann Council approve the recommended action appearing below consent calendar items 5.1 through 5.4 and 5.6 through 5.8. 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 Result, Carried (5 to 0) Moved by Mayor Casillas Salas Seconded by Councilmember McCann Council approve the recommended action appearing below consent calendar Item 5.5 The heading below was read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas No (1): Councilmember Galvez Result, Carried (4 to 1) 5.1 Approval of Meeting Minutes Approve the minutes dated: June 1, 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 Consideration of Request for Excused Absences No requests were received at that meeting. 5.4 Measure P Citizens’ Oversight Committee: Amend the Municipal Code to Change the Number of Committee Members from 16 to 9 Adopt an ordinance amending Municipal Code chapter 2.61 regarding the Measure P Citizens Oversight Committee to change the number of committee members from 16 to 9. DocuSign Envelope ID: 09B4BF96-7BE8-475E-9B71-2927F44CB49D 2022/01/25 – City Council Regular Meeting Page 3 ORDINANCE NO. 3516 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE (CVMC) CHAPTER 2.61 TO CHANGE THE NUMBER OF “MEASURE P” CITIZENS’ OVERSIGHT COMMITTEE MEMBERS FROM 16 TO 9 (SECOND READING AND ADOPTION) 5.5 Sunbow II Land Use Amendments: Rezoning an Existing Vacant Parcel from Industrial to Residential Use Resulting in 718 New Units and Approving an Associated Development Agreement Adopt ordinances A) approving the Sunbow II, Phase 3 Project to rezone from limited industrial to residential uses allowing up to 534 multi-family medium-high- density dwelling units and 184 multi-family high density residential dwelling units on six parcels, a 0.9-acre Community Purpose Facility site, on-site streets, open space and MSCP Preserve Open Space ; and B) approving a Development Agreement between the City of Chula Vista and ACI Sunbow, LLC (MPA21-0014) for the Sunbow II, Phase 3 Project. A) ORDINANCE NO. 3517 OF THE CITY OF CHULA VISTA APPROVING THE SUNBOW II, PHASE 3 PROJECT TO REZONE FROM LIMITED INDUSTRIAL TO RESIDENTIAL USES ALLOWING UP TO 534 MULTI-FAMILY MEDIUM-HIGH- DENSITY RESIDENTIAL DWELLING UNITS AND 184 MULTI-FAMILY HIGH- DENSITY RESIDENTIAL DWELLING UNITS ON SIX PARCELS, A 0.9-ACRE COMMUNITY PURPOSE FACILITY SITE, ON-SITE STREETS, OPEN SPACE AND MSCP PRESERVE OPEN SPACE (SECOND READING AND ADOPTION) B) ORDINANCE NO. 3518 OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETW EEN THE CITY OF CHULA VISTA AND ACI SUNBOW, LLC (MPA21-0014) FOR THE SUNBOW II, PHASE 3 PROJECT (SECOND READING AND ADOPTION) 5.6 Contract Amendment and Appropriation: Approve an Amendment to the Agreement with Fehr & Peers to Provide Professional Services Related to Transportation Project Cost Estimating and the Implementation of Senate Bill (SB) 743 and Appropriate Funds To adopt Resolution No. 2022-023, heading read, text waived. The motion carried by the following vote: RESOLUTION NO. 2022-023 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BID REQUIREMENT AND APPROVING AN AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND FEHR & PEERS TO PROVIDE PROFESSIONAL SERVICES SUPPORTING CHULA VISTA IMPLEMENTATION OF SENATE BILL 743 (4/5 VOTE REQUIRED) 5.7 Agreement: Approve an Agreement Between the City, Otay Land Company, and Dudek for Technical and Environmental Consulting Services for the Development of the University and Innovation District Overlay Zone To adopt Resolution No. 2022-024, heading read, text waived. The motion carried by the following vote: DocuSign Envelope ID: 09B4BF96-7BE8-475E-9B71-2927F44CB49D 2022/01/25 – City Council Regular Meeting Page 4 RESOLUTION NO. 2022-024 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY, OTAY LAND COMPANY, LLC, AND DUDEK FOR TECHNICAL AND ENVIRONMENTAL CONSULTING SERVICES TO PREPARE THE UNIVERSITY AND INNOVATION DISTRICT OVERLAY ZONE TO FACILITATE UNIVERSITY DEVELOPMENT, AND APPROPRIATE FUNDS FOR THAT PURPOSE. (4/5 VOTE REQUIRED) 5.8 Funding Application: Approval to Authorize Submittal of Applications to CalRecycle's Recycling Payment Program To adopt Resolution No. 2022-025, heading read, text waived. The motion carried by the following vote: RESOLUTION NO. 2022-025 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF APPLICATIONS FOR CALRECYCLE'S BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM AND RELATED AUTHORIZATIONS, FOR UP TO FIVE YEARS 6. PUBLIC COMMENTS 6.1 Public Comments Received for 1/25/2022. Rudy Ramirez, Chula Vista resident, spoke regarding issues with a destroyer camp. Heidi Paris, Chula Vista resident, offered suggestions for the Downtown area of Chula Vista. Javier Santizo, Chula Vista resident, spoke regarding issues affecting the community in the construction industry. The following members of the public submitted written communications regarding the Chula Vista Mid-Managers/Professional Association (MM/PROF) negotiations:  Alicia Granados  Eddie Flores  MMPR Member  Silvia Cosio  Tessa Nguyen  Pat Garcia  Mary Radley  Mike Jensen  Claudia Block  Manuel Medrano  Jose Gomez  Victor De La Cruz  Jerry Quijencio  Boushra Salem  Francisco Rivera  Mark Caro  Coleen Wisniewski  Cheryl Goddard  Connie Fife  Stephen Mosca DocuSign Envelope ID: 09B4BF96-7BE8-475E-9B71-2927F44CB49D 2022/01/25 – City Council Regular Meeting Page 5 7. PUBLIC HEARINGS 7.1 Consideration of Protests Against an Adjustment on Collection Rates to Comply with Organic Waste Regulations Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas opened the public hearing. Monica submitted written communication in opposition to the item. At the request of Mayor Casillas Salas there was consensus of the Council to continue the item to the meeting of February 22, 2022. 7.2 Planning Commission Appeal: Conditional Use Permit and Design Review for a 120-Bed Acute Psychiatric Hospital in the Eastlake II Planned Community, known as Eastlake Behavioral Health Hospital Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas recessed the meeting at 5:33 p.m. The Council reconvened at 6 p.m., with all members present. City Attorney Googins provided information on the proceedings and recommended the Council disclose all ex parte communications regarding the item. Councilmember Galvez moved to make attorney-client privileged information provided to the Council available to the public. The motion failed for lack of a second. Councilmembers reported the following ex parte communications:  Mayor Casillas Salas met with proponents of Scripps/Acadia, had meeting scheduled with community members that was later canceled at their request, and received and read numerous emails in support and in opposition to the item. She also announced that she did not visit the site but stated that she is aware of the surroundings.  Councilmember Galvez met with the proponents of Scripps/Acadia, attended a presentation by Monica Montoya at the Chamber of Commerce, visited the site, met with residents and spoke with several opposed individuals.  Councilmember Cardenas had nothing to disclose.  Councilmember Padilla received 35 electronic correspondence that were mostly in support of the item, four letters in opposition, and one email to his personal email that had been forwarded to the City Clerk.  Councilmember McCann received multiple emails and phone calls in support and in opposition and attended a listening tour to gather input. He met with advocates for Scripps/Acadia, Chula Vista Safe, Mike Vogt the former landowner, and the appellant, Brad Davis. He visited the site and the adjacent neighborhoods multiple times. DocuSign Envelope ID: 09B4BF96-7BE8-475E-9B71-2927F44CB49D 2022/01/25 – City Council Regular Meeting Page 6 City Clerk Bigelow announced that 261 emails were received and provided Council and made available to the public. Development Services Director Allen and Planning Manager Philips gave a presentation on the item and responded to questions of the Council. Development Services Director Allen announced a correction to the action of the Planning Commission stating it was not unanimous. Mayor Casillas Salas opened the public hearing. Tom Gammiere, Robin Madaffer, and Amber Ter’Vrugt, representing the applicant, gave a presentation in support of the project and responded to questions of the Council. Brad Davis, Bibi Luko, John Teevan, Ian Burgar representing the appellant, gave a presentation in opposition to the project. The following members of the public spoke in support of staff's recommendation on the item:  Mike Vogt, representing IRE Development, also on behalf of Kristen Byrne  Jason Paguio, representing the Asian Business Association  Jerry Gold, representing National Alliance on Mental Illness  Pedro Anaya  Juan Miguel R. Hornedo representing San Ysidro Chamber of Commerce  Susan Guerra  Jennifer Bustamante, Chula Vista resident  Jim Lowther  Fabian Rodriguez  Clarisa Falcon  Alfredo Alverez Mayor Casillas Salas recessed the meeting at 8:03 p.m. The Council reconvened at 8:13 p.m., with all members present. The following members of the public submitted written documentation in support of staff's recommendation:  John  Jim O'Callaghan representing South County Economic Development Council The following members of the public spoke in opposition to staff's recommendation:  Susan Cruz  Katie Davis  Briana Wyatt  Jan Buddingh Jr.  Javier Santizo  John Moot, also on behalf of Becky Cortez DocuSign Envelope ID: 09B4BF96-7BE8-475E-9B71-2927F44CB49D 2022/01/25 – City Council Regular Meeting Page 7  Monica, Chula Vista resident  Roy Boyko  Martin Calvo representing Rolling Hills Ranch Association  Rudy Ramirez, Chula Vista resident  Catherine Zordell  Michelle Janzen  Jody Duran  Manuelito Jarina  Aileen Jarina  Rebecca Edwards, also on behalf of Humberto Peraza  Marylupe Flores  Ian Burgar, also on behalf of Isabel Peraza  John Teevan  Brad Davis  Bibi Luko  Arturo Swadener The following members of the public submitted written documentation in opposition to staff's recommendation:  Yvonne  Michael Friesen  Jamie Friesen  Yvonne Mungia  Brando McClintock  John?  Rosa  Monica  Juan  Kevin  Catherine J. Zordell  Ricardo  Xiang  Brent  Brigitta  Edward  Nancy  Elizabeth Stellin  Amy  Bill  Grace  Tricia  Angela  Gloria  Fermin DocuSign Envelope ID: 09B4BF96-7BE8-475E-9B71-2927F44CB49D 2022/01/25 – City Council Regular Meeting Page 8 The following members of the public submitted written documentation in opposition to staff's recommendation but were not present to speak.  Carrie Boyko  Teri Bristan  Danielle Miranda Mayor Casillas Salas recessed the meeting at 9:41 p.m. The Council reconvened at 9:51 p.m., with all members present. Mayor Casillas Salas recessed the meeting at 9:54 p.m. The Council reconvened at 9:57 p.m., with all members present. Robin Madaffer, Michael Genovese, representing the applicant, provided a rebuttal argument and responded to questions of the Council. City Clerk Bigelow announced the number of public comments received. There being no further members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Development Services Director Allen and Deputy City Attorney Shirey provided additional information and clarification regarding the item and responded to questions of the Council. Council discussion ensued. Mayor Casillas Salas recessed the meeting at 10:56 p.m. The Council reconvened at 11:29 p.m., with all members present. City Attorney Googins gave an overview of the amended resolution affirming the appeal and denying the Conditional Use Permit (CUP) Robin Madaffer, representing the applicant, presented conditions for Council consideration and requested a continuance for the purpose of evaluating and working with staff to evaluate the conditions and return with a proposal to Council. Brad Davis, the appellant, responded to Ms. Madaffer's request. Moved by Councilmember Galvez Seconded by Councilmember McCann To adopt Resolution No. 2022-026, heading read, text waived. The motion carried by the following vote: Yes (3): Councilmember Galvez, Councilmember McCann, and Councilmember Padilla No (2): Councilmember Cardenas, and Mayor Casillas Salas Result, Carried (3 to 2) DocuSign Envelope ID: 09B4BF96-7BE8-475E-9B71-2927F44CB49D 2022/01/25 – City Council Regular Meeting Page 9 RESOLUTION NO. 2022-026 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE APPEAL BY BRAD DAVIS AND THEREBY DENYING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT CL P19—0010 AND DESIGN REVIEW PERMIT DR19-0012 TO CONSTRUCT A ONE-STORY, 97,050 SQUARE-FOOT BUILDING CONSISTING OF A 120 BED ACUTE PSYCHIATRIC HOSPITAL ON A I 0.5-ACRE SITE LOCATED AT 5.30 AND 83 I SHOWROOM PLACE WITHIN THE URBANIZED NORTHEAST PORTION OF THE CITY KNOWN AS EASTLAKE BUSINESS CENTER II 8. ACTION ITEMS 8.1 Employee Compensation and Positions: Approval of: (1) Amended Position Counts in Various Departments; (2) Salary Adjustments for Certain Unclassified, Hourly Positions; (3) Revised Compensation Schedule; and (4) Budget Amendments Human Resources Director Chase announced that approval of the item would affect executive compensation. Tom submitted written communications expressing a neutral position on the item. Moved by Mayor Casillas Salas Seconded by Councilmember Cardenas To adopt Resolution Nos. 2022-027 through 2022-029, the headings 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 Result, Carried (5 to 0) A) RESOLUTION NO. 2022-027 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT WITH A NET INCREASE IN AUTHORIZED STAFFING AND SALARY ADJUSTMENTS FOR CERTAIN UNCLASSIFIED, HOURLY POSITIONS B) RESOLUTION NO. 2022-028 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2021-2022 COMPENSATION SCHEDULE EFFECTIVE JANUARY 28, 2022 TO REFLECT SALARY ADJUSTMENTS FOR CERTAIN UNCLASSIFIED, HOURLY POSITIONS AND THE ADJUSTED SALARIES FOR MAYOR, COUNCILMEMBER AND CITY ATTORNEY EFFECTIVE JULY 1, 2021, AND ITS INCLUSION IN THE REVISED COMPENSATION SCHEDULES EFFECTIVE JULY 2, 2021; AUGUST 13, 2021; SEPTEMBER 10, 2021; NOVEMBER 5, 2021; NOVEMBER 19, 2021; DECEMBER 17, 2021 AND DECEMBER 31, 2021 AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 C) RESOLUTION NO. 2022-029 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2021/22 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) DocuSign Envelope ID: 09B4BF96-7BE8-475E-9B71-2927F44CB49D 2022/01/25 – City Council Regular Meeting Page 10 9. CITY MANAGER’S REPORTS City Manager Kachadoorian provided an update on Republic Services refunds related to the recent waste collection interruption. 10. MAYOR’S REPORTS 10.1 Discussion and Guidance Regarding the Future Role of the Human Relations Commission with Regard to the Automated License Plate Reader Program Moved by Mayor Casillas Salas Seconded by Councilmember McCann To relieve the Human Relations Commission of its responsibility related to the Automated License Plate Reader (ALPR) program. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) 10.2 SR-125 Toll Road: Requesting that the San Diego Association of Governments Exercise Option to Pay Off Toll Road Debt in 2027 and Take Action to Revert Control of the SR-125 to the Calif Department of Transportation in 2027 for Operation as a Freeway Mayor Casillas Salas spoke regarding the item. Moved by Mayor Casillas Salas Seconded by Councilmember Galvez To adopt Resolution No. 2022-030, heading read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) RESOLUTION NO. 2022-030 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THAT THE SAN DIEGO ASSOCIATION OF GOVERNMENTS’ EXERCISE ITS OPTION TO PAY OFF SR-125 TOLL ROAD DEBT IN 2027 AND TAKE ALL OTHER ACTIONS NECESSARY TO REVERT CONTROL OF THE SR-125 TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION IN 2027 FOR ITS OPERATION AS A FREEWAY 11. COUNCILMEMBERS’ COMMENTS There were none. 12. CITY ATTORNEY'S REPORTS There were none. DocuSign Envelope ID: 09B4BF96-7BE8-475E-9B71-2927F44CB49D 2022/01/25 – City Council Regular Meeting Page 11 13. ADJOURNMENT The meeting was adjourned at 11:52 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 09B4BF96-7BE8-475E-9B71-2927F44CB49D