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Home My WebLink About2024/11/12 Revised Agenda Complete Agenda Packet: The complete agenda packet, including staff reports, draft resolutions and ordinances, and other backup materials, is available at chulavistaca.gov/councilmeetings or the City Clerk's Office. Time Allotted for Speaking (subject to change by the presiding officer) - Consent Calendar (any or all items): 3 minutes - Agenda Items (not on Consent): 3 minutes - General Public Comment (not on agenda): 3 minutes Individuals who use a translator will be allotted twice the time. General Public Comments: Twenty-one (21) minutes are scheduled near the beginning of the meeting. The first seven (7) speakers will be heard during the first Public Comment period. If there are additional speakers registered, they will be heard during the continued Public Comment period. If all registered speakers present at the time address the City Council during the first Public Comment period, there will be no continued Public Comment period. Submitting Request to Speak: A request to speak must be submitted to the City Clerk before the close of the public comment period on an item or before the close of the general Public Comment period for non-agenda items. 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. Before the vote, there is no separate discussion of these items unless a member of the City Council or staff removes the item from the Consent Calendar. Public Comment provides an opportunity to address the City Council on any matter not listed on the agenda that is within the jurisdiction of the City Council. Under the Brown Act, the City Council cannot take action on matters not listed on the agenda. Public Hearings are held on matters specifically required by law. Action Items are items expected to cause discussion and/or action by the City Council but do not legally require a public hearing. Closed Session may only be attended by members of the City Council, support staff, legal counsel, and others as specified on the agenda. Closed session may be held only in very limited circumstances as authorized by law. CITY COUNCIL ACTIONS: Resolutions are formal expressions of opinion or intention of the City Council and are usually effective immediately. Ordinances are laws adopted by the City Council. Ordinances usually amend, repeal, or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings and 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 November 12, 2024 Revised Agenda Page 2 of 14 Pages 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 Oath of Office Privacy Protection and Technology Advisory Commission - Richard Pulido 4.2 Chula Vista Bayfront Update by San Diego Port Commissioner Ann Moore 4.3 Presentation of a Proclamation Honoring Danny Shaffstall as the 2024 Chula Vista Veteran of the Year 4.4 Presentation of a Proclamation Proclaiming November as National Homeless Awareness Month in the City of Chula Vista 4.5 Presentation of a Proclamation Proclaiming November 9 - 16, 2024 as World Kindness Week in the City of Chula Vista 5.CONSENT CALENDAR (Items 5.1 through 5.11) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless the Mayor or a City Councilmember removes the item from the consent calendar. Items removed from the consent calendar will be heard as action items. RECOMMENDED ACTION: City Council approve the recommended action on the below consent calendar items. 5.1 Approve Meeting Minutes 15 RECOMMENDED ACTION: Approve the minutes dated: November 5, 2024 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 Housing Policy: Adopt an Ordinance to Amend the Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing) 21 Report Number: 24-0272 Location: No specific geographic location Department: Housing and Homeless Services and City Clerk G.C. § 84308: No 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. City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 3 of 14 RECOMMENDED ACTION: Adopt an ordinance amending Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing) to update the residential threshold of applicability from ten to twenty units. (Second Reading and Adoption) 5.4 Downtown Parking District Meter Rates: Adopt an Ordinance to Increase Parking Meter Rates in the Downtown Parking District and Amend Chula Vista Municipal Code Chapters 10.52 and 10.56 25 Report Number: 24-0203 Location: Downtown Parking District, bounded by E Street to the north, Del Mar Avenue to the east, Garret Avenue to the west, and H Street to the south Department: Finance G.C. § 84308: No 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 an ordinance amending Chapter 10.56 of the Chula Vista Municipal Code “Parking Meters, Parking Meter Zones and Permit Parking” to amend section 10.56.020 “Meters – Installation and maintenance – Rates of use” to increase parking meter rates, and to amend section 10.56.040 “Meter zones – Designated – Time limits authorized in zone – Schedule XI” to reflect current parking meter zones and time limits, and amending Chapter 10.52 of the Chula Vista Municipal Code “Stopping, Standing and Parking” to amend section 10.52.480 “Municipal parking lots – Designated – Manner of parking required – Schedule XV” to reflect current parking lots (Second Reading and Adoption) 5.5 Contract: Accept Bids and Award a Contract to 3-D Enterprises Inc. for Eucalyptus Park Project; Amend Infrastructure, Facilities & Equipment Expenditure Plan, ARPA Spending Plan, Fiscal Year 2024-25 CIP, and Appropriate Funds for the Project 84 Report Number: 24-0256 Location: 436 C Street Department: Engineering G.C. § 84308: No Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 4 of 14 RECOMMENDED ACTION: Adopt a resolution (1) accepting the bids and awarding a public works contract to 3-D Enterprises Inc. for the “Eucalyptus Park (PRK0340)” project in the amount of $15,876,000, (2) amending the Infrastructure, Facilities, and Equipment Expenditure Plan, (3) amending the American Rescue Plan Act Spending Plan, and (4) amending the fiscal year 2024-25 Capital Improvement Program budget by appropriating $3,548,795 from the available balance of the Measure P fund to PRK0340, and transferring $1,220,342 in American Rescue Plan Act funds from “Loma Verde Recreation Center” (GGV0247) to the “Eucalyptus Park (PRK0340)” project to cover the projected costs of the construction phase of the project. (4/5 Vote Required) 5.6 Master Fee Schedule Update: Parks & Recreation Fees for Harborside Park, Loma Verde Pool, and Parkway Pool 99 Report Number: 24-0280 Location: Harborside Park, 670 Oxford Street; Parkway Pool, 385 Park Way; Loma Verde Pool, 1420 Loma Lane Department: Parks and Recreation G.C. § 84308: No Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15061(b)(3). Pursuant to Title 24, Part 58.35(a)(1) of the Code of Federal Regulations and HUD Environmental Guidelines, the activity is Categorical exclusion under the National Environmental Policy Act (NEPA). RECOMMENDED ACTION: Adopt a resolution amending Chapter 7-200 (Facility User Fees) of the City’s Master Fee Schedule updating Parks and Recreation fees. 5.7 Investment Report: Quarter Ending September 30, 2024 108 Report Number: 24-0271 Location: No specific geographic location Department: Finance G.C. § 84308: No 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: Receive the investment report for the quarter ending on September 30, 2024. City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 5 of 14 5.8 Roof Maintenance and Replacement: Approve a First Amendment with Garland DBS, Inc. to Extend the Term of the Contract and Increase the Maximum Not-to- Exceed Amount to Address the Needs at City Hall, Public Works, Fire Stations, and Recreation Centers 142 Report Number: 24-0284 Location: No specific geographic location Department: Public Works G.C. § 84308: Yes Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities). RECOMMENDED ACTION: Adopt a resolution approving the first amendment to the agreement with Garland DBS, Inc., for roof replacement, repair, and maintenance services to extend the contract term and increase the maximum not-to-exceed contract amount from $2,000,000 to $6,000,000 over the term of the agreement. 5.9 Donation Acceptance: Accept a Donation of 35 Seek FirePRO Thermal Imaging Cameras and Accessories from Firehouse Subs Public Safety Foundation 188 Report Number: 24-0288 Location: No specific geographic location Department: Fire G.C. § 84308: No 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 accepting a donation of 35 Seek FirePRO Thermal Imaging Cameras and accessories, valued at $39,421.24, from Firehouse Subs Public Safety Foundation. City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 6 of 14 5.10 Grant Award and Appropriation: Accept Funds from the Department of Energy for the Energy Efficiency and Conservation Block Grant Program 193 Report Number: 24-0091 Location: Fire Station 5 at 341 Orange Ave. and Fire Station 3 at 100 Moss St. Department: Economic Development G.C. § 84308: No 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). Under the National Environmental Policy Act (NEPA), the activity is exempt pursuant to Title 10, Part 1021 of the Code of Federal Regulations and the Department of Energy Environmental Guidelines. RECOMMENDED ACTION: Adopt a resolution accepting $271,850 in grant funds from the United States Department of Energy for the Energy Efficiency and Conservation Block Grant Program and appropriating funds therefor. (4/5 Vote Required) 5.11 Grand Jury Report: Response to the 2023/2024 Grand Jury Report on Dog Bites in San Diego County 225 Report Number: 24-0289 Location: No specific geographic location Department: Animal Care G.C. § 84308: No 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 accepting the 2023/2024 Grand Jury Report on Dog Bites in San Diego County and authorizing the response on behalf of the City. 6.PUBLIC COMMENTS 239 Twenty-one minutes are scheduled for the public to address the City Council for three minutes each on any matter within the jurisdiction of the City Council that is not on the agenda. The remaining speakers, if any, will be heard during the continued Public Comment period. 7.PUBLIC HEARINGS City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 7 of 14 7.1 Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Tax Bill for Collection by the County Treasurer-Tax Collector 251 Report Number: 24-0276 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: This 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: Conduct the public hearing and adopt a resolution assessing certain delinquent sewer service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. 7.2 Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Tax Bill for Collection by the County Treasurer-Tax Collector 256 Report Number: 24-0277 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: This 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: Conduct the public hearing and adopt a resolution assessing certain delinquent solid waste service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 8 of 14 7.3 Otay Ranch: Consider a Fourth Addendum to FEIR 02-04, Amendments to City General Plan, Otay Ranch General Plan Development Plan, Otay Ranch Freeway Commercial Sectional Planning Area Plan, a Zone Change, a Tentative Map, and a Development Agreement 261 Report Number: 24-0233 Location: 2015 Birch Road Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) and Mitigation Monitoring and Reporting Program (“MMRP”) for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions are necessary, and none of the conditions described in Section 15162 of the California Environmental Quality Act (“CEQA”) Guidelines calling for the preparation of a subsequent or supplemental environmental impact report exist. Therefore, the Director of Development Services has called for the preparation of a Fourth Addendum to FEIR 02-04 for consideration. City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 9 of 14 RECOMMENDED ACTION: Conduct the public hearing, discuss the matter, and determine whether to approve or deny the project. Actions Necessary to Approve the Project: A.Adopt a resolution (Resolution A) to: 1.Certify the Fourth Addendum to FEIR 02-04; and 2.Amend the Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial SPA Plan (SPA22-0001), reducing the entitled commercial space from 960,000 square feet to 816,000 square feet (reduction of 144,000 square feet of commercial uses) and to reflect the change in zoning from commercial to mixed-use, allowing up to 840 multifamily dwellings on the subject property (ZC22-0001) in accordance with the required findings and subject to the conditions contained therein; and 3.Approve a Tentative Map (TM22-0002) incorporating the proposed changes to the Otay Ranch Town Center in accordance with the required findings and subject to the conditions contained therein ; and B.Place an ordinance (Ordinance B) on first reading concerning modifications to the Otay Ranch Freeway Commercial Planned Community District Regulations for the Southerly Portion (FC-1) of the Otay Ranch Freeway Commercial SPA in accordance with the required findings and subject to the conditions contained therein (First Reading); and C.Place an ordinance (Ordinance C) on first reading concerning a change in zoning from commercial to mixed-use residential (First Reading); and D.Place an ordinance (Ordinance D) on first reading concerning a Development Agreement allowing for the Project to be constructed in phases, the Community Purpose Facility obligation, Parkland obligation and a Public Benefit Contribution (First Reading). OR Action Necessary to Deny the Project: A.Adopt a resolution (Resolution E) to deny a Fourth Addendum (IS22- 0002) to the Final Second Tier Environmental Impact Report (FEIR 02- 04), Amendments to the Chula Vista General Plan (GPA22-0001), the Otay Ranch General Plan Development Plan (GDPA22-0001), the Otay Ranch Freeway Commercial Sectional Planning Area Plan (SPA22- 0001), including Associated Regulatory Documents, a Zone Change (ZC22-0001), a Tentative Map (TM22-0002), and a Development Agreement. 8.ACTION ITEMS City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 10 of 14 8.1 Consider Items Removed From the Consent Calendar, if Any Consider items removed from the consent calendar by the Mayor or a City Councilmember, if any. If no items were removed from the consent calendar, this item will be withdrawn. 8.2 State of Local Emergency: Consider Declaring a State of Local Emergency Related to the Impacts of Cross-Border Contamination 369 G.C. § 84308: No 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 declaring a state of local emergency related to the impacts of cross-border contamination. 8.3 University Now Initiative: Receive White Paper Developed by Southwestern Community College District and the University Now Initiative Committee Through an Agreement with the City of Chula Vista 371 Report Number: 24-0300 Location: No specific geographic location Department: City Manager G.C. § 84308: No 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: Receive University Now Initiative White Paper developed by Southwestern Community College District and the University Now Initiative Committee through an agreement with the City of Chula Vista. City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 11 of 14 8.4 Park Master Plan: Approve the Park Master Plan for a 1.41 Acre Park (P-1), Including the Name "Eden Rose Plaza," Located in Otay Ranch Village Two 435 Report Number: 24-0260 Location: Northeast Corner of Santa Victoria Road and Santa Carolina Road Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is adequately covered in the previously certified Final Supplemental Environmental Impact Report (“FSEIR”) for the Otay Ranch Village Two Comprehensive Sectional Planning Area Plan Amendment (FSEIR 12-01; SCH #2003091012; and incorporated by reference in City Council Resolution No. 2014-207, dated November 4, 2014). RECOMMENDED ACTION: Adopt a resolution approving the Park Master Plan, including the name "Eden Rose Plaza," for the P-1 Park located in the Village of Montecito Core Area of Otay Ranch Village Two. 8.5 Council Policies: Approve Revising and Rescinding Various City Council Policies 458 Report Number: 24-0267 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: This 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) Revising Council Policies: 220-05 City Debt Policy; 220-07 City Disclosure Policy; 662-13 Fraud Prevention in the Workplace; and B) Rescinding Council Policies: 662-03 Disabled Employment; 662-05 Sexual Harassment Policy; 662-07 Substance Abuse Policy; 662-08 Disability Retirement – Safety Employees. City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 12 of 14 8.6 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending June 30, 2024 (Fourth Quarter Report) and Appropriate Funds to Implement Required Budget Adjustments 560 Report Number: 24-0263 Location: No specific geographic location Department: Finance G.C. § 84308: No 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 quarterly financial report for the quarter ended June 30, 2024 (the “Fourth Quarter Report”) and adopt a resolution making various amendments to the fiscal year 2023-24 budget and the fiscal year 2023-24 Capital Improvement Program budget to adjust for variances and appropriating funds for that purpose. (4/5 Vote Required) 9.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 10.CITY MANAGER’S REPORTS 10.1 Presentation by FEMA Operations Section Chief/Chula Vista Fire Chief Muns of the FEMA National Response 11.MAYOR’S REPORTS 12.COUNCILMEMBERS’ REPORTS 13.CITY CLERK'S REPORTS 14.CITY ATTORNEY'S REPORTS 15.CLOSED SESSION Announcements of actions taken in closed session shall be made available by noon on the next business day following the City Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) *15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of case: American Civil Liberties Union of Southern California v. Chula Vista Police Department, San Diego Superior Court, Case No. 37-2024-20320- CU-WM-CTL B) Name of case: Eric Crockett v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2024-12828-CU-OE-CTL C) City of Chula Vista v Slade Fischer, et al., San Diego Superior Court, Case No. 24CU006375C City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 13 of 14 15.2 Conference with Legal Counsel -- Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) [or] (3) Claim/Demand re: sidewalk hazards. *15.3 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 City designated representatives: Councilmember Jose Preciado, Mayor John McCann, Marco Verdugo, and Courtney Chase Employee organization/Unrepresented Employee: City Clerk 16.ADJOURNMENT to the regular City Council meeting on December 3, 2024, 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. City of Chula Vista - City Council November 12, 2024 Revised Agenda Page 14 of 14