Meeting #:

Date:

Tuesday, December 03, 2024 at 5:00 P.m. - 6:00 P.m.

Location:

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

 

REGULAR CITY COUNCIL MEETING
**REVISED 11/30/2024**

 

Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only).

Free Spanish interpretation is available on-site.

 

_______________________________________________________________________________________

 

In-Person Public Comments: Submit a request to speak to City Clerk staff 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.

 

Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." You may also email . eComments, emails, and other written comments must be received by noon for a regular City Council meeting.

 

Watch Live or Recorded (English and Spanish): Visit chulavistaca.gov/councilmeetings. Click "ES" at the bottom to switch to Spanish. Closed captioning is available in both languages.

 

Accessibility: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at or [phone]. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made.

 

Gov. Code § 84308: Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. § 84308: Yes" on this agenda indicates that the item is subject to these regulations.

                                                                 PUBLIC PARTICIPATION

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.

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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 Honoring the Chula Vista Hair Salon for Outstanding Contributions to Sustainability, Innovation, and Community Leadership

4.2

Presentation of a Proclamation Celebrating the Eastlake High School Girls Volleyball Team Upon Winning the San Diego CIF Championship

4.3

Presentation by Mayor John McCann on the 2024 Starlight Parade Celebration

5.

CONSENT CALENDAR (Items 5.1 through 5.10)

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:

  To approve the recommended actions appearing below consent calendar Items 5.1, 5.2 and 5.4 through 5.9. The headings were read, text waived. The motion was carried by the following vote:

5.1

Approve Meeting Minutes

• RECOMMENDED ACTION:

5.2

Waive Reading of Text of Resolutions and Ordinances

• RECOMMENDED ACTION:

5.3

Otay Ranch:Adopt Ordinances to Approve Fourth Amendment to FEIR 02-04, Amendments to City General Plan, Otay Ranch General Development Plan, Otay Ranch Freeway Commercial Sectional Planning Area Plan, Zone Change, Tentative Map, and Development Agreement

Leticia Valle

More people using town center will increase shopping options. I noticed there are several empty store spaces in the area. This project can bring more shoppers to the area.

Antonio Lizarraga Rios

As a resident of Chula Vista, I am glad this project is finally one step closer to being approved. It will be a great addition to the area.

Martin Arias

This project will enrich the lives of residents by creating a seamless space for living, shopping, dining. The new residential spaces and walkable streets will transform the Town Center into a dynamic neighborhood where life happens. Please support this project.

Tiago Carneiro

As the ownership of Novo Brazil, an existing Town Center tenant, we’re thrilled to see Otay Ranch Town Center’s evolution into a destination that will attract new visitors and increase foot traffic. This project promises a vibrant atmosphere that will benefit businesses and create an exciting environment for everyone.

Yimby Democrats of San Diego County

On behalf of the YIMBY Democrats of San Diego County, we submit our strong support for rezoning the Northwestern Quadrant of Otay Ranch Town Center from Commercial to Mixed-Use Residential. By facilitating housing near key transit and employment hubs, this proposal embodies our commitment to sustainable, inclusive growth across San Diego County. Increased housing options here support market demand, enable better use of urban space, and help reverse segregation’s legacy in our region. This rezone will expand accessible housing, advance economic opportunity, and strengthen the community’s vitality and resilience. As the region's cost of living becomes unattainable, it is necessary to increase San Diego's housing supply.

Genevieve Fong

By expanding walkable areas and adding unique shops and venues, Otay Ranch Town Center will cultivate a modern yet comfortable community feel. It’s a vision of a connected, lively space that will elevate the Town Center experience for everyone. As a working mother who has lived in the area I support and look forward to the modernization!

Katia Callahan

This will be beneficial for local businesses, tge actula mall and affordable housing.

Laura Humphreys

We are in need of more housing solutions to deal with the lack of available housing options in our community. This development will provide much needed housing and make good use of available space.

Antonio

Introducing residential to the town center will increase foot traffic and activity in a positive way and a larger selection of residential units in proximity services is needed.

Brenda Aguirre

I am writing in full support of the reimagined Town Center development, which promises to become a true gathering place for our community. This isn’t just about new buildings or infrastructure; it’s about creating a vibrant, inclusive space where community connections can grow. By investing in this development, we are building a hub that will bring people of all ages together—a place where families, friends, and neighbors can gather, shop, play, and create lasting memories. The new Town Center will foster local businesses, provide safe and welcoming spaces for recreation and events, and promote a sense of pride and unity in our community. I urge you to support this project as it represents not only economic growth but also an invaluable opportunity to strengthen the bonds within our community.

Mariana Aldaz

More people using the Town Center will increase the shopping options we have available to us.

Carlos Vera

Being able to walk to services is important for sustainable development and reducing our carbon foot print.

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.

• RECOMMENDED ACTION:

  Adopt the following Ordinances:
   
  A) Modifying 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 (Second Reading and Adoption); 
   
  B) Changing zoning from commercial to mixed-use residential (Second Reading and Adoption); and
   
  C) Approving a Development Agreement allowing for the Project to be constructed in phases, the Community Purpose Facility obligation, Parkland obligation, and a Public Benefit Contribution. (Second Reading and Adoption)

   

5.4

Annual Report: Fiscal Year 2023/24 Development Impact Fees, the Parkland Acquisition and Development Fee, Trunk Sewer Capital Reserve Fee, and Parking In Lieu Fee

Report Number: 24-0295

Location: No specific geographic location

Department: Development Services

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:

  Receive the annual report regarding Development Impact Fees, the Parkland Acquisition and Development Fee, Trunk Sewer Capital Reserve Fee, and Parking In Lieu Fee for fiscal year 2023/24.

5.5

Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2025

Report Number: 24-0269

Location: No specific geographic location

Department: City Clerk

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 a resolution accepting the 2025 Local Appointments List for board, commission, and committee terms expiring in calendar year 2025.

5.6

Animal Sheltering Services: Approve an Agreement Between the City of Chula Vista and City of National City for Animal Sheltering Services

Report Number: 24-0301

Location: No specific geographic location

Department: Animal Services

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 a resolution approving an agreement between the City of Chula Vista and City of National City to provide animal sheltering services for up to 5 years, beginning July 1, 2024.

5.7

Fee Update: Amend the City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule

Report Number: 24-0303

Location: No specific geographic location

Department: Police

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 resolutions: A) Amending the City-Initiated Tow License Fee and B) City-Initiated Tow and Storage Rate Schedule.

5.8

Grant Award and Appropriation: Accept and Appropriate Grant Funds from the California Department of Justice for the Tobacco Grant Program

Report Number: 24-0305

Location: No specific geographic location

Department: Police

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 $113,225 in grant funds from the California Department of Justice, appropriating said funds to the Police Grants Section of the State Grants Fund for the Tobacco Grant Program and authorizing the City Manager and Chief of Police to execute a Memorandum of Understanding with the California Department of Justice. (4/5 Vote Required)

5.9

Agreements: Approve Amendments to the Legal Services Agreements with Best Best & Krieger LLP to Provide On-Call and Public Records Act Legal Services

Report Number: 24-0307

Location: No specific geographic location

Department: City Attorney

G.C. § 84308: Yes

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 amendments to the Legal Services Agreements with Best Best & Krieger, LLP for on-call and Public Records Act legal services for not-to-exceed amounts of $400,000 and $300,000, respectively.

5.10

Grant Award and Appropriation: Accept and Appropriate Grant Funds from the California Community Foundation for the Kaiser Permanente Operation Splash Program

Report Number: 24-0308

Location: Loma Verde Pool, 1420 Loma Lane; Parkway Pool, 385 Park Way

Department: Parks & Recreation

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 accepting $93,500 in grant funds from the California Community Foundation for elementary- aged children learn- to- swim programs with Chula Vista Elementary School District schools and appropriating funds for that purpose (4/5 Vote Required).

6.

PUBLIC COMMENTS

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

7.1

Nakano Project: General Plan Amendment, Specific Plan, Tentative Map, and Reorganization of the Nakano Project, a Residential Project Containing up to 221 Dwelling Units South of Otay Valley River Park and Surrounded by Land in City of San Diego

Report Number: 24-0248

Location: Generally, south of the Otay River and east of and adjacent to Interstate 805 (APN: 624-071-02)

Department: Development Services

G.C. § 84308: Yes

Environmental Notice: An Environmental Impact Report (EIR22-0001) has been prepared for the proposed Project.

• RECOMMENDED ACTION:

  Conduct the public hearing and;

  1. Adopt a resolution:
     1. Certifying EIR22-0001 for the Project
     2. Approving the Project under Annexation Scenario 2a of EIR22-0001, which includes:
        1. General Plan Amendment changing the land use designation of the subject property from Open Space (“OS”) to Medium Residential (“RM”)
        2. Specific Plan (MPA21-0017)
        3. Tentative Map (PCS21-0001)
        4. Property Tax Exchange Agreement between the City of Chula Vista (“City”) and the City of San Diego (“San Diego”)
        5. Annexation Agreement among the City, San Diego, and Tri Pointe Homes (“Applicant”)
        6. Statement of support for the reorganization of the subject property from the jurisdiction of the City into the jurisdiction of San Diego
  2. Place an ordinance on first reading rezoning the subject property from Agricultural (A-8) to Residential Medium (R-3) (First Reading)

7.2

Grant Application and Appropriation: Authorize Submittal of a State of California Permanent Local Housing Allocation (PLHA) Grant Application, Approve an Amended Plan, and Appropriate Funds

Jackie Stubbs

Why wasnt this item presented to the Housing and Homelessness Commission? Homeownership assistance for moderate income households should be a higher priority versus assessibility improvements. The City already has a funding source for assessibility improvements using its HUD Block Grant funding but no funding to help moderate income households to buy a home. Staff told Council at a previous meeting that there wasnt funding to moderate income ("missing middle"). Homeownership assistance was listed as a priority in the State of the City. Please reconsider the use of PLHA funding. Since this is a public hearing, please add this comment to the PLHA plan that is submitted to HCD.

Report Number: 24-0299

Location: No specific geographic location

Department: Housing and Homeless Services

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:

  Conduct the public hearing and adopt resolutions: A) Authorizing the 2024 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 comply with new program requirements; and B) Authorizing the acceptance and appropriation of PLHA Program Grant Funds. (4/5 Vote Required)

8.

ACTION ITEMS

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

City Employee Benefits: Adopt the 2025 Cafeteria Benefits Plan Reflecting Health Insurance and Voluntary Insurance Benefits for Eligible City Employees and a Fourth Amendment to the IAFF Memorandum of Understanding

Report Number: 24-0298

Location: No specific geographic location

Department: Human Resources

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 resolutions: A) Adopting the 2025 Cafeteria Benefits Plan and B) Adopting the Fourth Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180, covering the period of July 1, 2022 to December 31, 2024.

8.3

Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending September 30, 2024 (First Quarter Report) and Appropriate Funds to Implement Required Budget Adjustments

Report Number: 24-0275

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 September 30, 2024 (the “First Quarter Report”) and adopt a resolution making various amendments to the fiscal year 2024-25 budget and the fiscal year 2024-25 Capital Improvement Program budget to adjust for variances and appropriating funds for that purpose. (4/5 Vote Required)

8.4

Employee Compensation, Positions and Budget Amendment: Approve Classification Plan and Compensation Schedule; Position Counts; Employment Agreement; Revised Compensation Schedule; and Budget Amendments

Report Number: 24-0291

Location: No specific geographic location

Department: Human Resources

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 resolutions: A) Amending the Classification Plan and Compensation Schedule to reflect (1) the addition and deletion of position titles and (2) salary adjustments for certain positions, and amending the authorized position count in departments; B) Approving the amended City Clerk employment agreement; C) Approving the revised Fiscal Year 2024-25 Compensation Schedule effective December 13, 2024, as required by the California Code of Regulations, Title 2, Section 570.5; and D) Amending the fiscal year 2024-25 budget; and place Ordinance E on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position titles of Communications Officer and Special Events Coordinator. (First Reading) (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

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)

Name of case: 1)  Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-00017713-CU-MC-CTL

• RECOMMENDED ACTION:

15.2

Conference With Labor Negotiators Pursuant to Government Code Section 54957.6

Agency designated representatives: Maria Kachadoorian, Courtney Chase, Megan McClurg, Tanya Tomlinson and Sarah Schoen
Employee organization: IAFF, MM/PR, WCE

• RECOMMENDED ACTION:

16.

ADJOURNMENT

to the special City Council meeting on December 10, 2024, at 4:00 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
or [phone].

 

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