SPECIAL MEETING OF THE HOUSING AUTHORITY
MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA
**POST-MEETING AGENDA**

Meeting #:

Date:

Tuesday, March 28, 2023 at 5:00 P.m. - 6:00 P.m.

Location:

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

Notice is hereby given that the Mayor of the City of Chula Vista has called and will convene a Special Meeting of the Housing Authority meeting jointly with the City Council at the time and location stated on this agenda.

 

View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings

 Cox channel 24 in English only

 

Welcome to your City Council/Housing Authority Meeting

PUBLIC COMMENTS: Public comments may be submitted to the Council/Authority in the following ways:

• In-Person. The Community is welcome to make public comments at this City Council/Housing Authority meeting. 
• Submit an eComment: Visit www.chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted until the conclusion of public comments for the item and are viewable online upon submittal. If you have difficulty submitting eComments, email comments to: [email protected] 

HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. To switch the video to Spanish, please click on "ES" in the bottom right-hand corner. Meetings are available anytime on the City's website (English and Spanish).

ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at or [phone] (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting.

 

 

SPEAKER 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.

 

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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

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

Alan C

CONCERNING THE PRESENTATION PROCLAMATION TO COMMUNITY POWER KARIN BURNS WHICH IS A GOVERNMENT BACKED ENTITY IT IS WRONG TO TAKE AWAY CUSTOMERS WITHOUT THEIR KNOWLEDGE FROM ANY PRIVATE INDUSTRY GOVERNMENT COMMUNITY POWER AUTOMATIC TAKE OVER POWER GRID https://sdcommunitypower.org/your-choice/opt-out/ OPT OUT OR PAY MORE LATER WHEN PRIVATE INDUSTRY GONE

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:

  To approve the recommended actions appearing below consent calendar Items 5.1 through 5.6, 5.8 and 5.9. The headings were read, text waived. The motion carried by the following vote:

5.1

Approval of Meeting Minutes

• RECOMMENDED ACTION:

  Approve the minutes dated: March 7, 2023

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)

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)

5.8

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.

5.9

State Legislation: Support Assembly Bill 91 “Community Colleges: Exemption from Nonresident Tuition Fee: San Diego and Imperial Counties Community Colleges Association.”

Dr. Mark Sanchez

I am hoping the City Council will support AB 91 which will be a tremendous opportunity to provide educational access to our binational community which includes the South County. Thank you for your consideration.

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.”

ITEM REMOVED FROM THE CONSENT CALENDAR

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:

  To adopt Resolution No. 2023-034, heading read, text waived. The motion carried by the following roll call vote:

6.

PUBLIC COMMENTS

Robert Johnson

Dear Residents of CHULA VISTA, I wanted to take a moment to discuss the topic of homelessness and how it can affect our local communities. It is important to understand that helping homeless individuals can greatly benefit our community as a whole. Here are a few reasons why: 1. Improved Public Health - By providing housing and support services for homeless individuals, we can improve public health through decreased exposure to infectious diseases and a reduction in substance abuse. 2. Reduced Crime Rates - Studies have shown that when homeless individuals are provided with stable housing and support services, there is a decrease in criminal activity in the surrounding areas. 3. Increased Economic Opportunities - By providing job training and employment opportunities, we can help homeless individuals become self-sufficient and contribute to the local economy. 4. Increased Community Engagement - When we help homeless individuals, we are also building stronger communities. By working together to help those in need, we become more connected to one another and foster a sense of unity. Overall, helping the homeless is not just a matter of kindness and compassion, but it also benefits everyone in the community. Let us work together to find ways to support this vulnerable population and make San Diego County a better place for all. Sincerely, ROBERT JOHNSON

Robert Johnson

Dear Residents of CHULA VISTA, I wanted to add to my previous notice regarding homelessness and its impact on our community. It is especially important to recognize the homeless veterans in our community and the value of providing support for them. San Diego County is home to a significant number of veterans. Unfortunately, many of these brave individuals end up experiencing homelessness after they return home from serving our country. By providing housing and support services specifically tailored to the unique needs of veterans, we can help them get back on their feet and reintegrate into society. Furthermore, providing care for homeless veterans not only honours their sacrifice but also benefits the community as a whole. This is because when we help veterans, we reduce their risk of homelessness, which can lead to other issues such as substance abuse and mental health problems. As we celebrate important dates such as Memorial Day and Veterans Day, let us remember the sacrifices that our veterans have made for our country and for us. Let us also work together to show our support by providing assistance to those who have fallen on hard times. Sincerely, Robert johnson

Robert Johnson

Dear Chula Vista City Council, I am writing to raise my concern about the current state of political prisoners in our nation. Promoting the well-being and safety of our citizens, I feel compelled to bring this issue to your attention. It's no secret that many individuals have been imprisoned due to their political beliefs, regardless of the legitimacy of their claims. This comes at a time when our nation is increasingly at risk of being weaponized by its own government, and such actions could harm our country in the long term. As a responsible and caring citizen, I urge you to take action and speak out about this issue, which affects not only the lives of people but also the future of our nation. A Weaponized government used on its citizens could lead to an even more dangerous and unstable situation, and it's crucial that we stand up for what is right to protect our democracy. Thank you for your time. Sincerely, ROBERT JOHNSON

Robert Johnson

As concerned citizens, it is our duty to demand transparency and accountability from our elected officials. I urge you to closely monitor these developments and to take action to ensure that the truth about 9/11 is finally brought to light. Thank you for your attention to this matter. Sincerely, ROBERT JOHNSON

Robert Johnson

Dear Chula Vista City Council Members, I am writing to inform you about a recent development in the United States government that has the potential to shed light on the events surrounding the tragic events of September 11th, 2001. As you may already be aware, on July 20, 2021, President Joe Biden signed Executive Order 14040, which ordered the declassification of certain documents related to the events of 9/11. This order was issued in response to pressure from families of the victims of 9/11, who have been pushing for the release of classified information for nearly two decades. This declassification has already led to the release of previously classified documents related to Saudi Arabia's involvement in the attacks, and it is likely that more information will be made public in the coming months. What is even more concerning is the possibility that this new information could reveal the involvement of our own government in the events of 9/11. In recent years, there has been mounting evidence suggesting that certain government officials may have had foreknowledge of the attacks and may have even facilitated them. If this information is revealed to be true, it could drastically alter our understanding of the events of 9/11 and shake our faith in our government and institutions.

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:

  To adopt Resolution No. 2023-037, heading read, text waived. The motion carried by the following roll call vote:

• RECOMMENDED ACTION:

  To adopt  Resolution No. 2023-001 of the Chula Vista Housing Authority, heading read, text waived. The motion carried by the following vote:

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

Victoria Salcido

Although these are worthy organizations, what was the competitive bidding process that was followed in accordance with the City's Municipal Code and ARPA standards? There are many worthy organization who could use these dollars to serve Chula Vistans versus a selected few. Did all organizations know these extra dollars were available?

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)

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.

• RECOMMENDED ACTION:

  To approve formation of an ad-hoc subcommittee, convening for 90-days, consisting of Deputy Mayor Preciado and Councilmember Cardenas to consider matters related  labor agreements and labor relation.

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.

• RECOMMENDED ACTION:

  Approve formation of an ad-hoc subcommittee, convening for 90 days, consisting of Councilmember Chavez and Mayor McCann to consider matters related economic development and binational affairs.

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.

• RECOMMENDED ACTION:

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

• RECOMMENDED ACTION:

13.3

Conference with Legal Counsel Regarding Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4):

One (1) case

• RECOMMENDED ACTION:

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 or [phone].

 

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