HomeMy WebLinkAbout2023/03/28 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.
City of Chula Vista City Council/Housing Authority
March 28, 2023 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 Oaths of Office
- Board of Library Trustees
James Clark
- Health, Wellness, and Aging Commission
Mary Johnson
- Housing and Homelessness Advisory Commission
Peter Carlseen
Juliette Montoya-Cesena
Karla Pacheco
- Sustainability Commission
Raymundo Alatorre
Crystal Fairley
John Knox
Hayley Salazar
- Traffic Safety Commission
Monica Becerra Firsht
Rodney Caudillo
Tim DeMarco
- Veterans Advisory Commission
Nimpa Akana
Duaine Hooker
4.2 Presentation by San Diego Community Power Chief Executive Officer Karin Burns on
Community-Based Clean Energy Services in the City of Chula Vista
4.3 Presentation of a Proclamation to Sandy Scheller in Recognition of Yom HaShoah, Days of
Remembrance of the Victims of the Holocaust, in the City of Chula Vista
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: March 7, 2023
City of Chula Vista City Council/Housing Authority
March 28, 2023 Agenda Page 3 of 9
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 Requests for Excused Absences
RECOMMENDED ACTION:
Consider requests for excused absences as appropriate.
5.4 Employee Positions: Adopt an Ordinance Amending the Chula Vista Municipal Code to Add the
Unclassified Position Titles of Building Official and Economic Development Manager (Second
Reading and Adoption)
Report Number: 23-0048
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 an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the
unclassified position titles of Building Official and Economic Development Manager. (Second
Reading and Adoption) (4/5 Vote Required)
5.5 Municipal Code Update: Adopt an Ordinance Amending Chula Vista Municipal Code Section
2.04.050 Relating to Workshops (Second Reading and Adoption)
Report Number: 23-0063
Location: No specific geographic location
Department: City Manager
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 amending Chula Vista Municipal Code Section 2.04.050 relating to
workshops. (Second Reading and Adoption)
City of Chula Vista City Council/Housing Authority
March 28, 2023 Agenda Page 4 of 9
5.6 Development Agreement Amendment: Adopt an Ordinance Amending the Development
Agreement for Otay Ranch Village Two (Second Reading and Adoption)
Report Number: 23-0054
Location: South of Olympic Parkway, north and east of the Otay Landfill, north of Otay Ranch
Village 3, and east of La Media Road.
Department: Development Services
Environmental Notice: The Project was adequately covered by a previously certified Final
Supplemental Environmental Impact Report (FSEIR 12-01) – SCH No. 20040912 for the Otay
Ranch Village Two Sectional Planning Area (SPA).
RECOMMENDED ACTION:
Adopt an ordinance amending the Otay Ranch Village Two Development Agreement. (Second
Reading and Adoption)
5.7 Agreement and Appropriation: Approve a First Amendment to the Legal Services Agreement
with Gatzke Dillon & Ballance LLP to Provide On-Call Legal Services for the Development
Services Department and Appropriate Funds
Report Number: 23-0076
Location: No specific geographic location
Department: Development Services
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State
Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDED ACTION:
Adopt a resolution approving the first amendment to the Legal Services Agreement with
Gatzke Dillon & Balance LLP for on-call legal services to assist the Development Services
Department for a not-to-exceed amount of $412,500 and amend the Fiscal Year 2022/23
Development Services Fund budget for that purpose. (4/5 Vote Required)
5.8 Agreement: Third Amendment to Legal Services Agreement with Colantuono, Highsmith &
Whatley, PC to Provide Legal Services Related to Local Gaming Authority Issues
Report Number: 23-0081
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 (“CEQA”) State Guidelines; therefore, pursuant to State
Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDED ACTION:
Adopt a resolution approving the third amendment to the Legal Services Agreement with
Colantuono Highsmith & Whatley, PC to provide legal services related to local gaming authority
issues for a not to exceed amount of $65,000.
City of Chula Vista City Council/Housing Authority
March 28, 2023 Agenda Page 5 of 9
5.9 State Legislation: Support Assembly Bill 91 “Community Colleges: Exemption from
Nonresident Tuition Fee: San Diego and Imperial Counties Community Colleges Association.”
Report Number: 23-0096
Location: No specific geographic location
Department: City Manager
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 supporting Assembly Bill 91 “Community Colleges: Exemption from
Nonresident Tuition Fee: San Diego and Imperial Counties Community Colleges Association.”
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 Authority Bond Issuance: Approve the Issuance, Sale, and Delivery of a Tax-Exempt
Multifamily Housing Revenue Note and a Taxable Multifamily Housing Revenue Note for the
Otay Ranch Apartments, Also Known as Encelia
Report Number: 23-0069
Location: 1910 Encelia Circle
Department: Housing and Homeless Services
Environmental Notice: The Project was adequately covered in previously certified Final
Environmental Impact Report (FEIR 10-03) – SCH No. 2010062093 for Otay Ranch Village 8
West Sectional Planning Area (SPA) and Tentative Map.
RECOMMENDED ACTION:
Hold a Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”) public hearing and adopt:
Resolution A (of the City Council) approving the sale, execution, and delivery of additional
multifamily housing revenue notes of the Housing Authority of the City of Chula Vista for Otay
Ranch Apartments; and Resolution B (of the Housing Authority) authorizing the sale,
execution, and delivery of a tax-exempt multifamily housing revenue note in an aggregate
principal amount not to exceed $4,000,000 and a taxable note in the amount up to $1,000,000
for the purpose of financing a portion of construction costs of the Otay Ranch Apartments
multifamily rental housing project; approving and authorizing the execution and delivery of any
and all documents necessary to execute and deliver the notes, complete the transaction and
implement the resolution, and ratifying and approving any action heretofore taken in connection
with the notes.
City of Chula Vista City Council/Housing Authority
March 28, 2023 Agenda Page 6 of 9
7.2 Accessory Dwelling Units: Amend the Chula Vista Municipal Code on Accessory Dwelling Units
and Junior Accessory Dwelling Units to Align with State Law and Clarify Development
Regulations
Report Number: 23-0073
Location: No specific geographic location
Department: Development Services
Environmental Notice: The Project 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 Chula Vista Municipal Code Sections 19.58.022
(Accessory Dwelling Units) and 19.58.023 (Junior Accessory Dwelling Units) to align with State
law and clarify development standards. (First Reading)
8.ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion and
deliberation.
8.1 American Rescue Plan Act (ARPA): Approve an ARPA Spending Plan Amendment and
Subrecipient Agreements for SBCS Domestic Violence Program, SBCS Casa Nueva Vida
Shelter Operations, and Jacobs & Cushman San Diego Food Bank, and Reallocate Funds
Report Number: 23-0074
Location: 31 4th Avenue
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. 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 a resolution (1) approving a fourth amendment to the American Rescue Plan Act
Spending Plan, (2) approving sub-recipient agreements with the SBCS Corporation for the
Domestic Violence Program and Casa Nueva Vida Shelter Operations, (3) approving a sub-
recipient agreement with Jacobs and Cushman San Diego Food Bank and (4) reallocating
funds and amending the CIP budget for those purposes. (4/5 Vote Required)
City of Chula Vista City Council/Housing Authority
March 28, 2023 Agenda Page 7 of 9
8.2 Housing Report: Accept the Housing Element 2022 Annual Progress Report and Housing
Successor Annual Report for Fiscal Year 2021/22
Report Number: 23-0040
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:
Accept the Housing Element 2022 Annual Progress Report and the Housing Successor Annual
Report for Fiscal Year 2021/22.
8.3 State Ballot Measure: Oppose Statewide Initiative No. 21-0042A1, “Limits the Ability of Voters
and State and Local Governments to Raise Revenues for Government Services. Initiative
Constitutional Amendment”
Report Number: 23-0080
Location: No specific geographic location
Department: City Manager
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 opposing Initiative 21-0042A1, “Limits Ability of Voters and State and Local
Governments to Raise Revenues for Government Services. Initiative Constitutional
Amendment.”
9.CITY MANAGER’S REPORTS
10.MAYOR’S REPORTS
11.COUNCILMEMBERS’ COMMENTS
11.1 Deputy Mayor Preciado
Consideration of formation of an ad-hoc subcommittee to consider matters related to labor
agreements and labor relations.
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.
City of Chula Vista City Council/Housing Authority
March 28, 2023 Agenda Page 8 of 9
11.2 Councilmember Chavez
Consideration of formation of an ad-hoc subcommittee to consider matters related to
economic development and binational affairs.
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.
12.CITY ATTORNEY'S REPORTS
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 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code
Section 54956.9(d)(1)
A) Name of Case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case
No. 37-2021-17713-CU-MC-CTL.
B) Name of Case: Tlaloc Fait v City of Chula Vista, San Diego Superior Court, Case No. 37-
2022-13673-CU-PO-CTL.
C) Name of Case: Aimee Alexander v Prescott Company, et al., San Diego Superior Court,
Case No. 37-2020-11388-CU-PO-CTL.
D) Name of Case: San Diego County Office of Education, et al. v. County of San Diego, et al.,
Sacramento Superior Court, Case No. 37-2017-80002701-CU-WM-GDS.
13.2 Conference with Legal Counsel Regarding Liability Claims Pursuant to Government Code
Section 54956.95
Claimant: Margarita Brandon-Tait AdJ14888486
Agency Claimed Against: City of Chula Vista
13.3 Conference with Legal Counsel Regarding Initiation of Litigation Pursuant to Government
Code Section 54956.9(d)(4):
One (1) case
14.ADJOURNMENT
to the regular City Council meeting on April 18, 2023 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 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.
City of Chula Vista City Council/Housing Authority
March 28, 2023 Agenda Page 9 of 9