Meeting #:

Date:

Tuesday, March 19, 2024 at 5:00 P.m. - 10:00 P.m.

Location:

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

 

REGULAR CITY COUNCIL MEETING

 

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 American 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 to Public Information Specialist Diane Howell in Recognition of Her Retirement and 22.5 Years of Dedicated Service with the City of Chula Vista

5.

CONSENT CALENDAR (Items 5.1 through 5.5)

Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless a member of the City Council or staff removes the item from the Consent Calendar.

• RECOMMENDED ACTION:

  City Council approve the recommended action on the below consent calendar items. 

5.1

Approve Meeting Minutes

• RECOMMENDED ACTION:

  Approve the minutes dated: February 20, 2024 and February 26, 2024.

5.2

Waive Reading of Text of Resolutions and Ordinances

Robert Johnson

YOU SHOULD READ EVERYTHING OUT LOUAD FOR THE BLIND.

• 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 Report: Accept the Housing Element 2023 Annual Progress Report and Housing Successor Annual Report for Fiscal Year 2022/23

Jason Smith

Three Comments. First Comment: On the Housing Element Progress report RHNA goals. The RHNA figure stated in the report is misleading. The report states the City has met 42% of its RHNA allocation three years into the cycle. However, the City falls short in its goal to meet the very low category at 5.89% for 153 units out of 2597 and 399 out of 1378 in the low income category and no units were produced in the moderate income category. The City should consider subsidizing/developing a moderate income or middle income housing program for renters or homeowners using its loan repayments from its inclusionary housing fund or general fund. Second comment: the report fails to include the number of homeless persons housed at the Pallet Housing (Village at Otay). Why was this figure omitted considering the City spent over $7M to built it and pays over a $1M in estimated annual operating costs. Third comment: the report does not mention the number of households who benefitted from the City's Tenant Protection Ordinance.

Report Number: 24-0020

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

• RECOMMENDED ACTION:

  Accept the Housing Element 2023 Annual Progress Report and the Housing Successor Annual Report for Fiscal Year 2022/23.

5.4

Community Facility District: Declare Intention to Form Community Facilities District 16M CFD (El Dorado Ridge) for Maintenance and Monitoring of Open Space

Report Number: 24-0079

Location: East of Brandywine, south of Sequoia Street and north of Main Street (APNs 644-010-61 and 644-010-62)

Department: Development Services

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 the proposed boundaries of Community Facilities District 16M (“CFD 16M”), declaring the intention of the City Council to authorize the formation of the proposed CFD 16M, levy a special tax, and set a time and place for the public hearing.

5.5

Grant Award and Donation Appropriation: Accept the California for All Animals Grant to Provide Public Spay/Neuter Services, and the Ethel Chisholm Keyes Trust Donation and Appropriate Funds

Report Number: 24-0096

Location: No specific geographic location

Department: Animal 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.

• RECOMMENDED ACTION:

  Adopt a resolution 1) accepting $52,500 in grant funds from the California for All Animals to provide public spay/neuter services and preventative vaccinations to the community; and 2) accepting a $100,000 donation from the Ethel Chrisholm Keyes Trust and appropriating funds for these purposes. (4/5 Vote Required)

6.

PUBLIC COMMENTS

Robert Johnson

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. TYRANTS make different rules for boards compared to city meetings you will be exposed for doing so.. 3hrs to noon.. same meeting times.

Robert Johnson

AUDIT EMAILS SHOULD BE LOOKED AT ASK FOR THE AUDIT EMAILS. STAFF NEEDS TO BE HELD ACCOUNTABLE.

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

Bond Approval: Approve the Issuance of Tax-Exempt Multifamily Housing Revenue Bonds for the Construction of the Congregational Place Project and Certain Other Matters Relating Thereto

Jason Smith

Why wasn't the City's Housing Authority (HA) the bond issuer instead of CMFA? The HA could be receiving an annual fee and an issuer fee that helps pay for staffing costs.

PAUL HENKIN

In general, I approve of housing for low income people. Devil's in the details, tho' Restricting the occupancy of 17 units to seniors making over the average median income stretches the definition of affordable and, during a homeless, low-income, and immigrant housing crisis, that only 19 of 55 units of affordable housing are reserved for truly low income seniors is pathetic. The RHF website claims to have given more than 19K low-income people housing, but adds that 47K are on the waitlist. So why are we subsidizing middle income housing? I hear reports that there will be minimal parking at the site. Seniors do drive, have cars, have visitors, caregivers, and staff who might also need parking. We need to consider all the needs of the residents (plus we'll have some bond interest to pay off.) I object to any waiver of Parkland Acquisition and Development In-Lieu Fees, because Seniors, while they typically do not like to play on the jungle gym, many of them like to swim, exercize, do tai chi, play shuffleboard, and occassionally hike. Moreover, many like to sit outside when it gets too hot. All that does suggest they need park space. And of course, many of them appreciate the rec centers in the parks. Developers should pay for these just as we contribute our taxes. We taxpayers should not be called on to subsidize these bonds. You should not waive the fees.

Report Number: 24-0072

Location: 305 E Street

Department: Housing and Homeless Services

G.C. § 84308: No

Environmental Notice: The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

• RECOMMENDED ACTION:

  Adopt a resolution pursuant to Section 147(F) of the Internal Revenue Code of 1986 approving the issuance of multifamily housing revenue bonds by the California Municipal Finance Authority to finance or refinance the acquisition, construction, improvement and equipping of the Congregational Place Project and certain other matters relating thereto.

8.

ACTION ITEMS

8.1

Council Referral: Report on Implementing Senate Bill 10 Within the City of Chula Vista

KATHLEEN M. ADAMS

I am opposed to SB 10 that will be brought up at the council meeting on 3/19/2024. I request that the council vote against implementing this bill! We do not need tall buildings in our neighborhoods. I have recently been to Coronado and their neighborhoods are so crowded with cramming tall and large buildings onto small lots. Not a good idea!!

Report Number: 24-0047

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 report and provide direction to staff.

   

8.2

Financial Report and Appropriation: Accept Quarterly Financial Report for Quarter Ending December 31, 2023, Appropriate Funds to Implement Required Budget Adjustments, Create New CIP Project, and Accept $47,162 from California State Library Grants

Report Number: 24-0055

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 December 31, 2023 (Second Quarter Report) and adopt resolution A) Amending the Fiscal Year 2023-24 budget to adjust for variances, accepting California State Library Grant funds, and appropriating funds for that purpose; (4/5 Vote Required) and B) Amending the Fiscal Year 2023-24 CIP Program budget by establishing a new CIP Project “MacKenzie Creek Pickleball Courts (PRK0345),” 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

11.

MAYOR’S REPORTS

11.1

Appointments to the Board of Ethics

- Robert Maisonet
- Bobby Ray Salas

12.

COUNCILMEMBERS’ COMMENTS

13.

CITY CLERK'S REPORTS

13.1

City Council Vacancy: Discussion and Direction to Staff on the Appointment Process for the District 4 City Council Vacancy

PAUL HENKIN

Better appoint someone quick, or you may end up with a chair vacant and people unrepresented for 8 or 9 months, like the Board of Supervisors.

Location: No specific geographic location

Department: 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.

• RECOMMENDED ACTION:

  Discussion and direction to staff on the appointment process for the District 4 City Council Vacancy.

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:  Hanna Wells v City of Chula Vista, San Diego Superior Court, Case No. 37-2023-00036274-CU-CR-CTL.

B) Name of case:  CV Amalgamated LLC v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-33446-CU-MC-CTL

• RECOMMENDED ACTION:

15.2

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

One (1) Case

• RECOMMENDED ACTION:

16.

ADJOURNMENT

to the regular City Council meeting on March 26, 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
or [phone].

 

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