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Home My WebLink About2023/01/17 AgendaSPEAKER 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 their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present. *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 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. 2023/01/17 City Council Agenda Page 2 of 9 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 of a Proclamation to Senior Electronics Technician Olric Forde in Recognition of His Retirement and 23 Years of Service With the City of Chula Vista 5.CONSENT CALENDAR (Items 5.1 through 5.7) 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: December 20, 2022 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 Consideration of Request for Excused Absences RECOMMENDED ACTION: Consider requests for excused absences as appropriate. 5.4 Massage Regulation: Consider Repealing Chula Vista Municipal Code Chapter 5.36, Massage Parlors and Holistic Health Practitioners, and Replacing it with Chapter 5.36, Massage Regulation (Second Reading) Report Number: 22-0322 Location: No specific geographic location Department: Police 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: Adopt an ordinance repealing Chula Vista Municipal Code Chapter 5.36, Massage Parlors and Holistic Health Practitioners, and replace it with the proposed new version of Chapter 5.36, Massage Regulation (Second Reading and Adoption) 2023/01/17 City Council Agenda Page 3 of 9 5.5 Grant Application and Appropriation: Authorize Submittal of a State of California Permanent Local Housing Allocation (PLHA) Grant Application, Approve an Amended Plan for Homeless- Related Services, and Appropriate Funds Report Number: 23-0010 Location: No specific geographic location Department: Housing and Homeless 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. RECOMMENDED ACTION: Adopt resolutions: A) Authorizing the 2022 annual application for funds of the Permanent Local Housing Allocation (PLHA) grant from the State of California Department of Housing and Community Development (HCD) and approving an amended five-year Plan to fund homeless shelter operations and associated wrap-around services with these funds for all five years; and B) Authorizing the acceptance and appropriation of PLHA Program Grant Funds. (4/5 Vote Required) 5.6 Agreement Extension: Approve an Amendment to Extend the Alternative Dispute Resolution Agreement Between the City and the Chula Vista Police Officer’s Association Report Number: 23-0024 Location: No specific geographic location Department: Human Resources 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: Adopt a resolution approving an amendment to extend the Alternative Dispute Resolution Agreement between the City of Chula Vista and the Chula Vista Police Officer’s Association for an additional year. 2023/01/17 City Council Agenda Page 4 of 9 5.7 Grant Application: Approve a Joint Application with the City of San Diego for a Waste Tire Abatement Grant and Authorize the City of San Diego to Execute All Grant-Related Documents and Grant Activities Report Number: 22-0310 Location: No specific geographic location Department: Economic Development Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15309 Class 9 (Inspections) and Section 15061(b)(3). RECOMMENDED ACTION: Adopt a resolution approving a joint application for grant funding for waste tire abatement up to $500,000 with the City of San Diego and authorizing the City of San Diego to execute all grant- related documents and grant activities. 6.PUBLIC COMMENTS The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.BOARD AND COMMISSION REPORTS The following item(s) have been brought forward by a City board, commission, or committee. 7.1 Commission on Aging Final Report of Activities through January 5, 2023 Report Number: 23-0021 Location: No specific geographic location Department: Community Services – Parks and Recreation 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: Hear the report. 2023/01/17 City Council Agenda Page 5 of 9 8.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. 8.1 Development Agreement: Approve the Second Amendment to the Otay Ranch Eastern Urban Center Development Agreement Between the City of Chula Vista and McMillin Otay Ranch, LLC Report Number: 23-0029 Location: Millenia Lot 1, located directly north of the intersection of Millenia Avenue and Bob Pletcher Way and Millenia Lot 19, located directly south of the intersection of Millenia Avenue and Bob Pletcher Way Department: Economic Development Environmental Notice: The Project was adequately covered under a previously certified Final Second Tier Environmental Impact Report (EIR 07-01; SCH No. 2007041074) for the Otay Ranch Eastern Urban Center Sectional Planning Area and Tentative Map. RECOMMENDED ACTION: Conduct the public hearing and place an ordinance on first reading authorizing the Second Amendment to the Development Agreement by and between the City of Chula Vista and McMillin Otay Ranch, LLC. (First Reading) **Time Certain 6:00 p.m.** 8.2 Zoning Administrator Appeal: US Super Gas, Inc. Conditional Use Permit for the Sale of Alcohol at 1495 Melrose Avenue Report Number: 23-0017 Location: 1495 Melrose Avenue Department: Development Services Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (“CEQA”) State Guidelines. RECOMMENDED ACTION: Conduct a public hearing and adopt a resolution denying the appeal of US Super Gas, Inc. and affirming the Zoning Administrator’s decision denying Conditional Use Permit, CUP22-0023, for an off-site consumption alcohol license at 1495 Melrose Avenue, Chula Vista, CA 91911. 2023/01/17 City Council Agenda Page 6 of 9 9.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. 9.1 District 3 City Councilmember Vacancy: Nominate Applicants to be Interviewed, Determine a Date and Time to Conduct the Interviews, and Potentially Take Related Action Regarding Procedures for Interviews and Nominations Report Number: 23-0027 Location: No specific geographic location Department: City Clerk 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: A) Discuss and nominate applicants who submitted qualified applications during the application period to be interviewed. The qualified applicants are: Nimpa Akana, Devonna Almagro, Griselda Delgado, David Diaz, Alejandro Galicia, Gian Ghio, Alonso Gonzalez, Christos Korgan, Victor Lopez, Daniel Rice (Vazquez), Sophia Rodriguez, Tamara Rodriguez, Frank Salaiz, Ida Spector, Diego Vargas, Tanya Williams, and Douglas Wolf B) Select a date and time for an open City Council meeting to conduct the interviews for applicants who receive two or more nominations C) Discuss and possibly take action related to the interview process, interview questions, nomination procedure, and related matters. 2023/01/17 City Council Agenda Page 7 of 9 10.CITY MANAGER’S REPORTS 11.MAYOR’S REPORTS 11.1 Appointment of City Councilmembers to Outside Agencies •Chula Vista Bayfront Facilities Financing Authority Board of Directors - Two (2) Members •Chula Vista University Subcommittee (internal subcommittee of the Council) - Two (2) Members •Chula Vista Veterans Home Support Foundation - Member •Chula Vista Veterans Home Support Foundation - Alternate •Interagency Water Task Force - Two (2) Members •International Council for Local Environmental Initiatives (ICLEI) - Environmental Lead •International Council for Local Environmental Initiatives (ICLEI) - Alternate •League of California Cities, San Diego Division - Member •League of California Cities, San Diego Division - Alternate •Metropolitan Transit System Board of Directors (MTS) - 1st Member (Mayor) •Metropolitan Transit System Board of Directors (MTS) - 2nd Member (City Councilmember) •Metropolitan Transit System Board of Directors (MTS) - Alternate •Metropolitan Wastewater Commission (Metro) - Member •Metropolitan Wastewater Commission (Metro) - Alternate •Otay Ranch Preserve Owner Manager (POM) Policy Committee - Member •Otay Ranch Preserve Owner Manager (POM) Policy Committee - Alternate •Otay Valley Regional Park (OVRP) Policy Committee - Member •Otay Valley Regional Park (OVRP) Policy Committee - Alternate •San Diego Community Power Authority - Member •San Diego Community Power Authority - Alternate •South County Economic Development Council (EDC) - Member •South County Economic Development Council (EDC) - Alternate •University Project Task Force with Southwestern College - Two (2) Members 2023/01/17 City Council Agenda Page 8 of 9 12.COUNCILMEMBERS’ COMMENTS 13.CITY ATTORNEY'S REPORTS 13.1 Discussion and Possible Action Regarding Appointment Process for an Interim/Acting City Attorney Proposed process for City Council appointment of an interim/acting City Attorney to serve at the pleasure of the Council, commencing upon departure of the current City Attorney until his successor is elected and sworn into office, including the potential formation of an ad hoc City Council subcommittee to facilitate the process. 14.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) 14.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of case: City of Imperial Beach, et al. v. The International Boundary & Water Commission-United States Section, United States District Court, Case No. 18-cv-0457 JM JLB B) Name of case: CV Amalgamated LLC v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-33446-CU-MC-CTL C) Name of case: UL Chula Two LLC v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-41554-CU-MC-CTL D) Name of case: Chula Vista Cannabis Village Inc. v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-41802-CU-MC-CTL 15.ADJOURNMENT to the regular City Council meeting on January 24, 2023 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 published online. 2023/01/17 City Council Agenda Page 9 of 9