HomeMy WebLinkAboutcc min 2022/03/22City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
March 22, 2022, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember
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.
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1. CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:08
p.m. 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.
Mayor Casillas Salas called for moment of silence to honor the citizens of Ukraine and
other refugees around the world.
4. SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation Proclaiming April 2022 as Sesame Place Month
in the City of Chula Vista
Mayor Casillas Salas read the proclamation and Councilmember Padilla presented
it to Elmo and representatives from Sesame Place.
5. CONSENT CALENDAR (Items 5.1 through 5.6)
Mayor Casillas Salas stated she would abstain from voting on Item 5.6 and
Councilmember McCann would abstain from voting on Item 5.5 due to a potential property-
related conflict of interest.
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Moved by Mayor Casillas Salas
Seconded by Deputy Mayor Cardenas
To approve the recommended action appearing below consent calendar Items 5.1 through
5.4, headings read, text waived. The motion carried by the following vote:
Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann,
Councilmember Padilla, and Mayor Casillas Salas
Result, Carried (5 to 0)
Moved by Mayor Casillas Salas
Seconded by Deputy Mayor Cardenas
To approve the recommended action appearing below consent calendar Item 5.5, heading
read, text waived. The motion carried by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla, and
Mayor Casillas Salas
Abstain (1): Councilmember McCann
Result, Carried (4 to 0)
Moved by Mayor Casillas Salas
Seconded by Deputy Mayor Cardenas
To approve the recommended action appearing below consent calendar Item 5.6, heading
read, text waived. The motion carried by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann,
and Councilmember Padilla
Abstain (1): Mayor Casillas Salas
Result, Carried (4 to 0)
5.1 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.
5.2 Consideration of Request for Excused Absences
No requests were received at that meeting.
5.3 Contract Amendment: Approve Second Amendment to On-Call Civil
Engineering Consulting Agreement between the City of Chula Vista and NV5
Inc.
Adopt a resolution approving an amendment to the On-Call Civil Engineering
Consulting agreement between the City and NV5 Inc. to increase the maximum
compensation by $18,400.
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RESOLUTION NO. 2022-067 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A SECOND AMENDMENT TO AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND NV5 INC. TO PROVIDE CIVIL ENGINEERING
CONSULTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS
5.4 Master Fee Schedule: Increase in Industrial Wastewater Discharge Permit
Fees by Amending the Master Fee Schedule
Adopt a resolution amending the Master Fee Schedule to increase the Industrial
Wastewater Discharge Permit Fees.
RESOLUTION NO. 2022-068 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN INCREASE IN INDUSTRIAL WASTEWATER
DISCHARGE PERMIT FEES AND AMENDING THE MASTER FEE SCHEDULE
5.5 Emergency Rental Assistance: Accept Re-Allocated U.S. Treasury Funds, a
State of California Round 3 Loan Award, Appropriate Funds and Amend the
Existing Agreement with SBCS Corporation to Continue to Provide the
Emergency Rental Assistance Program
Adopt resolutions: A) Authorizing the Acceptance of Re-Allocated funds from the
United States Department of Treasury using funding from the Consolidated
Appropriations Act, 2021 and/or the American Rescue Plan Act of 2021 and
appropriating funds for the purpose of an Emergency Rental Assistance Program
(4/5 Vote Required); B) Authorizing participation in the State of California’s
Emergency Rental Assistance Program-Round 3 loan award, including entering into
an agreement with the Department of Housing and Community Development, and
appropriating funds for that purpose (4/5 Vote Required); and C) Waiving
competitive bidding requirements and authorizing a contract amendment with SBCS
Corporation to continue to provide an Emergency and Utility Assistance Program
funded by a temporary cash flow loan from the State of California’s Department of
Housing and Community Development using supplemental State and Federal
Consolidated Appropriations Act, 2021 and/or American Rescue Plan Act of 2021
funding allocations.
A) RESOLUTION NO. 2022-069 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE ACCEPTANCE OF RE-ALLOCATED FUNDS FROM
THE UNITED STATES DEPARTMENT OF TREASURY USING FUNDING FROM
THE CONSOLIDATED APPROPRIATIONS ACT, 2021 AND/OR THE AMERICAN
RESCUE PLAN ACT OF 2021 AND APPROPRIATING FUNDS FOR AN
EMERGENCY RENTAL ASSISTANCE PROGRAM (4/5 VOTE REQUIRED)
B) RESOLUTION NO. 2022-070 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA (1) AUTHORIZING PARTICIPATION IN THE STATE OF CALIFORNIA’S
EMERGENCY RENTAL ASSISTANCE PROGRAM-ROUND 3 LOAN AWARD
(“SRA-3”), (2) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE, AND DELIVER THE SRA LOAN AWARD DOCUMENTS, WHICH
SHALL INCLUDE A STANDARD AGREEMENT WITH THE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR THE IMPLEMENTATION OF
SAID PROGRAM PURSUANT SENATE BILL 115 USING FUNDING FROM THE
CONSOLIDATED APPROPRIATIONS ACT, 2021 AND OR THE AMERICAN
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RESCUE PLAN ACT OF 2021, (3) AND APPROPRIATING FUNDS THEREFOR
(4/5 VOTE REQUIRED)
C) RESOLUTION NO. 2022-071 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA (1) WAIVING COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO
CHULA VISTA MUNICIPAL CODE SECTION 2.56.070(B)(3) AND (2)
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO AN
AMENDED CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH SBCS CORPORATION TO CONTINUE TO PROVIDE AN EMERGENCY
RENTAL AND UTILITY ASSISTANCE PROGRAM FUNDED BY A TEMPORARY
CASH FLOW LOAN FROM THE STATE OF CALIFORNIA’S DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT USING SUPPLEMENTAL STATE
AND FEDERAL CONSOLIDATED APPROPRIATION ACT, 2021 AND/OR
AMERICAN RESCUE PLAN ACT OF 2021 FUNDING ALLOCATIONS
5.6 Improvement District Annual Report: Approving the 2022 Annual Report for
the Downtown Chula Vista Property-Based Business Improvement District
Adopt a resolution approving the 2022 Annual Report for the Downtown Chula Vista
Property-Based Business Improvement District.
RESOLUTION NO. 2022-072 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE 2022 ANNUAL REPORT FOR THE DOWNTOWN CHULA
VISTA PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT
6. PUBLIC COMMENTS
John Acosta, Chula Vista resident, spoke in support of sidewalks on the westside of the
City.
Heidi Paris, Chula Vista resident, spoke in support of Brew Bar.
Carol Green representing the California State PTA spoke in support of AB6190 regarding
smoking and vaping.
Victor Rojo submitted written communications regarding regulations and policies for rent
control.
7. PUBLIC HEARINGS
7.1 Planning Commission Appeal: Design Review Permit and Variance Permit for
Three Industrial Shell Buildings on a Vacant 11.6-acre site in the Otay Ranch
Village 3 Business Park, Known as Heritage Industrial Center
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.
City Attorney Googins provided information on the proceedings and recommended
the Council disclose all ex parte communications regarding the item.
Councilmembers reported the following ex parte communications:
Mayor Casillas Salas met with the appellant, Salvador Abrica and received
correspondence from the Law Office of Jordan R. Sisson both expressing
their opposition to the project. She also met with James Camp who
represented Rockefeller Group and the applicant and received
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correspondence from Local 89 LIUNA both expressing their support of the
project.
Councilmember Galvez made one phone contact, received a letter from
the Law Office of Jordan R. Sisso and participated in a virtual meeting with
Teamsters Local 542 representing the appellant, all expressing their
opposition to the project. In addition, she received a call from Hale
Richardson, representing HomeFed, a call and an email from James Camp
representing Rockefeller Group and the applicant, and received
correspondence from Local 89 LIUNA all expressing their support for the
project.
Councilmember Cardenas participated in a virtual meeting with Teamsters
Local 542 representing the appellant expressing their opposition to the
project. She also took phone calls from Local 89 LIUNA and James Camp
representing Rockefeller Group and the applicant, expressing their support
of this project. Councilmember Cardenas stated that she also received
several emails regarding the project which had been forwarded to the City
Clerk and made available to the public.
Councilmember Padilla made one phone contact, participated in a virtual
meeting with Teamsters Local 542 representing the appellant expressing
opposition to the project. He also took calls from James Camp representing
Rockefeller Group and the applicant and Local 89 LIUNA expressing their
support of the project.
Councilmember McCann spoke with the appellant, Salvador Abrica and
received correspondence from the Law Office of Jordan R. Sisson both
expressing their opposition to the project. He also received a phone call
and a letter from James Camp, representing Rockefeller Group and the
applicant expressing their support of the project.
Sr. Planner Hernandez gave a presentation on the item, she City Attorney Googins
and Deputy City Attorney Shirey responded to questions of the Council.
Mayor Casillas Salas opened the public hearing.
James Camp, Senior Managing Director, Rockefeller Group and the applicant, gave
a presentation in support of staff's recommendation on the item.
Jordan Sisson spoke on behalf of the appellant, Salvador Abrica.
The following members of the public spoke in support of staff's recommendation on
the item:
Alfonso Sanchez, representing Local 89 LIUNA
Ralph Valador, representing Local 89 LIUNA
Jason Biaz, representing Local 89 LIUNA
Richard Lasorio, representing Local 89 LIUNA
Alex Zamora, representing Local 89 LIUNA
Zander Winfrey, representing Local 89 LIUNA
Hale Richardson, representing HomeFed Corporation
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John Shardlow, representing Allen Matkins, provided a rebuttal argument.
There being no further members of the public who wished to speak, Mayor Casillas
Salas closed the public hearing.
Transportation Engineer Barker, Development Services Director Allen, Deputy City
Attorney Shirey, and Katy Daniker, representing Kimley Horn, spoke regarding the
item and responded to questions of the Council.
City Attorney Googins spoke regarding the process.
Mayor Casillas Salas recessed the meeting at 7:13 p.m. The Council reconvened at
7:27 p.m., with all members present.
Council discussion ensued.
Moved by Councilmember McCann
Seconded by Councilmember Galvez
To adopt Resolution No. 2022-073 heading read, text waived. The motion carried by
the following vote:
Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember
McCann, Councilmember Padilla, and Mayor Casillas Salas
Result, Carried (5 to 0)
RESOLUTION NO. 2022-073 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DENYING THE APPEAL BY SALVADOR ABRICA AND AFFIRMING THE
PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW PERMIT DR21-
0007 AND VARIANCE VAR21-0001 TO CONSTRUCT THREE INDUSTRIAL
BUILDINGS AND TO ALLOW AN INCREASE IN WALL HEIGHT, LOCATED ON
11.6 ACRES WITHIN OTAY RANCH VILLAGE 3, KNOWN AS THE HERITAGE
INDUSTRIAL CENTER
8. CITY MANAGER’S REPORTS
City Manager Kachadoorian announced that the City had taken ownership of the land for
the bridge shelter; she thanked Councilmember Padilla and Deputy City Manager
Broughton for their efforts on this project.
9. MAYOR’S REPORTS
Mayor Casillas Salas spoke regarding her attendance at the following recent events: the
Addams Family musical at Southwestern College Theatre of Performing Arts and She
congratulated Pastor Russ Cox and New Hope on his retirement.
10. COUNCILMEMBERS’ COMMENTS
Councilmember Galvez spoke regarding her attendance at the Prayer for Peace event put
on by four local churches in honor of the citizens of Ukraine. She offered condolences to
the family of Romie Cervantes and spoke of her accomplishments.
Councilmember Cardenas extended birthday greetings to Mayor Casillas Salas.
At the request of Councilmember McCann, there was consensus of the Council to direct
the City Attorney to review the appeal process to ensure the process was fully up to date
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and complied with current ordinances and laws. City Attorney Googins responded that his
office was working with Development Services staff to accomplish that.
Councilmember McCann announced that he and Councilmember Padilla would work
together to present updates regarding San Diego Community Power. He also spoke
regarding the citizens of Ukraine.
11. CITY ATTORNEY'S REPORTS
City Attorney Googins gave a Charter Review Commission update.
12. CLOSED SESSION
City Attorney Googins announced that that Item 12.1 would not be discussed.
12.1 Conference with Legal Counsel-Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4)
One [1] Case
Ongoing issues with Republic Services, Inc.
ACTION: Item not discussed.
13. ADJOURNMENT
The meeting was adjourned at 7:46 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk
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