REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**

Meeting #:
Date:	Tuesday, July 13, 2021 at 5:00 P.m. - 6:00 P.m.
Location:	Council Chambers, 276 Fourth Avenue, Chula Vista, CA

 

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Welcome to your City Council Meeting

 

HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels above) and the City's website.

 

 

HOW TO SUBMIT ECOMMENTS: Visit www.chulavistaca.gov/councilmeetings, locate this meeting and click on "Open for Comment" or the comment bubble icon. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted.

 

 

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 [email protected] 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 opens the public hearing and 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

Presentation by Environmental Services Manager Manuel Medrano on Procurement of Recovered Organic Waste Products and SB 1383: Short-Lived Climate Pollutants

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: April 13, and 20, May 4, 11, and 18, 2021.

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

Proposed Amendments to Otay Ranch Village 3 to Include the “FlatRock” Parcel and Change Land Use of Three Parcels of Land to Residential Uses, Resulting in an Increase From 1,597 to 1,638 Permitted Residential Units

Anthony Ball

We emailed our comments earlier this morning to Tamisha Woods and we received confirmation of its receipt but our comments were not read by the Council and our concerns not heard. Why

Report Number: 21-0089

Location: Otay Ranch Village 3

Department: Development Services

Environmental Notice: The Project was adequately covered in previously adopted final Environmental Impact Reports (FEIRs) for the University Villages EIR (FEIR 13-01) (SCH #2013071077) and Otay Ranch Village 2, 3 and a Portion of 4 EIR (FEIR02-02) (SCH #2003091012), and only minor technical changes were required; therefore a Second Addendum to FEIR 13-01 has been prepared.

• RECOMMENDED ACTION:

  Adopt ordinance A) approving the Sectional Planning Area (SPA) Planned Community District (Form Based Code) Regulations for Otay Ranch Village Three North and a Portion of Village Four (Second Reading and Adoption); and B) approving the second amendment to the Development Agreements between the City of Chula Vista and C Village III Master, LLC and V Otay Land II, LLC and Otay Land Company, LLC and HomeFed Village 8, LLC. (Second Reading and Adoption).

5.4

Campaign Contributions: Ordinance Regarding Campaign Contributions and Possible Reassignment of Districts After Fundraising Has Begun Due to Redistricting

Location: No specific geographic location

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 an ordinance amending sections of Chula Vista Municipal Code chapter 2.52 regarding campaign contributions to account for possible reassignment of City Council districts after fundraising has begun as a result of redistricting (Second Reading and Adoption).

5.5

Single Audit Report for Fiscal Year 2019/20

Report Number: 21-0090

Location: No specific geographic location

Department: Finance

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:

  Council receive and file Single Audit Report for Fiscal Year 2019/20.

5.6

Heritage Bridge Replacement Project (STM0386): Appropriate Funds and Approve a Fourth Amendment to the Agreement with Moffatt & Nichol for the Project

Report Number: 21-0065

Location: Heritage Road between Main Street and Entertainment Circle North

Department: Engineering & Capital Projects

Environmental Notice: The Project was adequately covered in previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327.

• RECOMMENDED ACTION:

  Adopt resolution A) accepting $619,710 of the Federal Highway Bridge Program funds based on unanticipated revenue and $553,000 from the available balance of the Transportation Development Impact Fee Fund to STM0386 (4/5 Vote Required); and B) approving the fourth amendment to the existing agreement with Moffat & Nichol to increase the maximum contract value from $3,815,374.04 to $4,023,101.04.

5.7

Solid Waste and Recycling: Amend the Chula Vista Municipal Code Regarding the Definition of Organic Waste, Enforcement Procedure to Prevent Disposal of Organic Waste, and Modification to the Processing of Delinquent Collection Payments

Report Number: 21-0097

Location: No specific geographic location

Department: Economic Development

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:

  Place an ordinance on first reading amending various sections of Chula Vista Municipal Code Chapters 8.24 and 8.25 to update the definition of organic waste, authorize the City Manager to develop an enforcement procedure to prevent the landfill disposal of organic waste, and modify the processing of delinquent waste collection payments (First Reading).

5.9

City Telephone System: Approve the Purchase of Various Telephone Hardware and Software Items from NIC Partners and a Related Professional Services Agreement

Report Number: 21-0099

Location: No specific geographic location

Department: Information Technology Services

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).

• RECOMMENDED ACTION:

  Adopt a resolution approving a professional services agreement and the purchase of various telephone hardware/software items from NIC Partners, Inc.

5.8

Third Avenue Curb Cafes and Sidewalk Cafes: Approve a Reimbursement Grant Program for Curb Cafes and Sidewalk Cafes on Third Avenue and Streamline the City's Permit Processes for Certain Encroachments Within the Public Right-of-Way

Robert Casey

The current tents on third ave should go. They do not enhance The area and according to the owner of the bar that had a shooting outside “ we don’t want that in our neighborhood” - Continuing on this wrong path jeopardizes our police officers on patrol. They are already over burdened as CVPD is critically understaffed with no visible plan to resolve this situation. These drinking tents are a negative If businesses want them to expand they should consider developing theirs roofs and not encroach on public property. Why reduce fees for this group but not all fees for all permits TAVA is a self centered lobbying group whose interests don’t align with their neighbors

Report Number: 21-0101

Location: Third Avenue between E Street and G Street

Department: Economic Development

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:
  1. Adopt a resolution approving a grant program to reimburse Third Avenue businesses for costs associated with the design, permitting, and construction of curb cafés and sidewalk cafés along Third Avenue and appropriating American Rescue Plan Act funds therefor (4/5 Vote Required); and

      

  2. Place an ordinance on first reading amending Chula Vista Municipal Code chapter 12.28 "Encroachments," to streamline the City's premitting process for certain encroachments within the public right-of-way and make certain updates (First reading).

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 Element Update of the General Plan for the 2021-2029 Planning Period

Report Number: 21-0091

Location: No specific geographic location

Department: Development Services

Environmental Notice: Negative Declaration No. IS20-0004 has been prepared.

• RECOMMENDED ACTION:

  Conduct a Public Hearing and adopt a resolution approving the Housing Element Update of the General Plan for the 2021-2029 Planning Period.

8.

ACTION ITEMS

The following item(s) will be considered individually and are expected to elicit discussion and deliberation.

8.1

Bayfront Project Special Tax Financing District: Declaring the Results of the Special Mail Ballot Election of the District; Considering the Lawfulness of Proposed Changes to the District; and Considering an Ordinance Authorizing the Levy of a Special Tax

Report Number: 21-0100

Location: Bayfront Project Special Tax Financing District

Department: Development 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:

  Acting as the legislative body of the Bayfront Project Special Tax Financing District: A) Adopt a resolution reciting the fact of the special mail ballot election held on July 13, 2021 in such district, declaring the results thereof, and other matters as provided by law; and, if Proposition A of the special mail ballot election is approved by the voters, then B) Adopt a resolution determining that the changes to the rate and method of apportionment of special taxes authorized to be levied therein and the expansion of territory wherein improvements may be located and services may be provided are lawfully authorized; and C) Place an ordinance on first reading amending Ordinance No. 3481 and authorizing the levy of a special tax in such district pursuant to an amended and restated rate and method of apportionment (First Reading).

9.

CITY MANAGER’S REPORTS

10.

MAYOR’S REPORTS

11.

COUNCILMEMBERS’ COMMENTS

12.

CITY ATTORNEY'S REPORTS

12.1

Council Subcommittee on Campaign Contribution Ordinance: Request for City Council Formation of an Ad-Hoc Subcommittee to Provide Recommendations on the City's Campaign Contribution Ordinance

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 State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

• RECOMMENDED ACTION:

  City Council form an ad-hoc subcommittee to work with the City Attorney’s Office to develop and provide recommendations to the City Council regarding updates to the City’s Campaign Contribution Ordinance  (Chula Vista Municipal Code chapter 2.52) to assure conformance with applicable laws, eliminate ambiguities, and address other matters as the subcommittee may deem necessary or appropriate.

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

Public Employee Performance Evaluation Pursuant to Government Code Section 54957

Title:  City Clerk

• RECOMMENDED ACTION:

13.2

Public Employee Performance Evaluation Pursuant to Government Code Section 54957

Title:  City Manager

• RECOMMENDED ACTION:

13.3

Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1)

A) Name of case:  Lucy Ludwig-Melendrez, et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37-2019-00034737-CU-CI-CTL.

B) Name of case:  In Re National Prescription Opiate Litigation, United States District Court of Ohio, Eastern Division, Case No. 1:17-md-2804-DAP

• RECOMMENDED ACTION:

14.

ADJOURNMENT

to the regular City Council meeting on July 27, 2021 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 [email protected] or [phone].

 

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