1. CALL TO ORDER
Public Comments:
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:08 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
2. ROLL CALL
Public Comments:
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Comments:
Councilmember Cardenas led the Pledge of Allegiance.
Mayor Casillas Salas called for moment of silence to honor the citizens of Ukraine and other refugees around the world.
4. SPECIAL ORDERS OF THE DAY
Public Comments:
4.1 Presentation of a Proclamation Proclaiming April 2022 as Sesame Place Month in the City of Chula Vista Public Comments:
Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Elmo and representatives from Sesame Place.
5. CONSENT CALENDAR (Items 5.1 through 5.6)
Public Comments:
Mayor Casillas Salas stated she would abstain from voting on Item 5.6 and Councilmember McCann would abstain from voting on Item 5.5 due to a potential property-related conflict of interest.
Moved by
Mayor Casillas Salas
Seconded by
Deputy Mayor Cardenas
To approve the recommended action appearing below consent calendar Items 5.1 through 5.4, headings read, text waived. The motion carried by the following vote:
Yes (5)
Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas Result, Carried (5 to 0)
Moved by
Mayor Casillas Salas
Seconded by
Deputy Mayor Cardenas
To approve the recommended action appearing below consent calendar Item 5.5, heading read, text waived. The motion carried by the following vote:
Yes (4)
Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, and Deputy Mayor Cardenas Abstain (1)
Councilmember McCann
Result, Carried (4 to 0)
Moved by
Mayor Casillas Salas
Seconded by
Deputy Mayor Cardenas
To approve the recommended action appearing below consent calendar Item 5.6, heading read, text waived. The motion carried by the following vote:
Yes (4)
Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas Abstain (1)
Mayor Casillas Salas
Result, Carried (4 to 0)
5.1 Waive Reading of Text of Resolutions and Ordinances Public Comments:
Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting.
5.2 Consideration of Request for Excused Absences
Public Comments:
No requests were received at that meeting.
5.3 Contract Amendment: Approve Second Amendment to On-Call Civil Engineering Consulting Agreement between the City of Chula Vista and NV5 Inc.
Attachments
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Public Comments
1. Staff report - On-Call Consultant Task Extension (STM0401) - 22-0091.pdf
2. Attachment A - Purchase Order 2220950.pdf
3. Attachment B - Request for Additional Funds.pdf
4. Attachment C - NV5 SECOND Amendment.pdf
5. Council Resolution.pdf
Adopt a resolution approving an amendment to the On-Call Civil Engineering Consulting agreement between the City and NV5 Inc. to increase the maximum compensation by $18,400.
RESOLUTION NO. 2022-067 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NV5 INC. TO PROVIDE CIVIL ENGINEERING CONSULTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM PROJECTS
5.4 Master Fee Schedule: Increase in Industrial Wastewater Discharge Permit Fees by Amending the Master Fee Schedule Attachments
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Public Comments
1. Industrial Wastewater Discharge Permit Fee Approval and Master Fee Schedule Update - 21-0204.pdf
2. Attachment 1 - San Diego IWCP_Cost_Allocation_Study.pdf (2).pdf
3. Attachment 2 - Master Fee Schedule (Industrial User Fees) 12-200.pdf
4. Attachment 3 - Example IU Letter.pdf
5. Resolution Industrial User Permit Fees.pdf
6. Exhibit 1 - Pretreatment Agreement.pdf
7. Exhibit 2 - San Diego Resolution R-260133 (1984 SD Resolution).pdf
8. Exhibit 3 - San Diego Resolution R-313725 (2021 SD Resolution).pdf
9. Exhibit 4 - Master Fee Schedule (Industrial User Fees) 12-200.pdf Adopt a resolution amending the Master Fee Schedule to increase the Industrial Wastewater Discharge Permit Fees.
RESOLUTION NO. 2022-068 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE IN INDUSTRIAL WASTEWATER DISCHARGE PERMIT FEES AND AMENDING THE MASTER FEE SCHEDULE
5.5 Emergency Rental Assistance: Accept Re-Allocated U.S. Treasury Funds, a State of California Round 3 Loan Award, Appropriate Funds and Amend the Existing Agreement with SBCS Corporation to Continue to Provide the Emergency Rental Assistance Program Attachments
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Public Comments
1. Staff Report Emergency Rental Assistance Program-Accept a Cash Flow Loan from HCD - 22-0092.pdf
2. Resolution A.pdf
3. Resolution B.pdf
4. Resolution C.pdf
5. Attachment 1.pdf
6. Attachment 2.pdf
Adopt resolutions: A) Authorizing the Acceptance of Re-Allocated funds from the United States Department of Treasury using funding from the Consolidated Appropriations Act, 2021 and/or the American Rescue Plan Act of 2021 and appropriating funds for the purpose of an Emergency Rental Assistance Program (4/5 Vote Required)
; B) Authorizing participation in the State of California’s Emergency Rental Assistance Program-Round 3 loan award, including entering into an agreement with the Department of Housing and Community Development, and appropriating funds for that purpose (4/5 Vote Required);
and C) Waiving competitive bidding requirements and authorizing a contract amendment with SBCS Corporation to continue to provide an Emergency and Utility Assistance Program funded by a temporary cash flow loan from the State of California’s Department of Housing and Community Development using supplemental State and Federal Consolidated Appropriations Act, 2021 and/or American Rescue Plan Act of 2021 funding allocations.
A) RESOLUTION NO. 2022-069 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACCEPTANCE OF RE-ALLOCATED FUNDS FROM THE UNITED STATES DEPARTMENT OF TREASURY USING FUNDING FROM THE CONSOLIDATED APPROPRIATIONS ACT, 2021 AND/OR THE AMERICAN RESCUE PLAN ACT OF 2021 AND APPROPRIATING FUNDS FOR AN EMERGENCY RENTAL ASSISTANCE PROGRAM (4/5 VOTE REQUIRED)
B) RESOLUTION NO. 2022-070 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) AUTHORIZING PARTICIPATION IN THE STATE OF CALIFORNIA’S EMERGENCY RENTAL ASSISTANCE PROGRAM-ROUND 3 LOAN AWARD (“SRA-3”), (2) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE, AND DELIVER THE SRA LOAN AWARD DOCUMENTS, WHICH SHALL INCLUDE A STANDARD AGREEMENT WITH THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE IMPLEMENTATION OF SAID PROGRAM PURSUANT SENATE BILL 115 USING FUNDING FROM THE CONSOLIDATED APPROPRIATIONS ACT, 2021 AND OR THE AMERICAN RESCUE PLAN ACT OF 2021, (3) AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
C) RESOLUTION NO. 2022-071 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WAIVING COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO CHULA VISTA MUNICIPAL CODE SECTION 2.56.070(B)(3) AND (2) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO AN AMENDED CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH SBCS CORPORATION TO CONTINUE TO PROVIDE AN EMERGENCY RENTAL AND UTILITY ASSISTANCE PROGRAM FUNDED BY A TEMPORARY CASH FLOW LOAN FROM THE STATE OF CALIFORNIA’S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT USING SUPPLEMENTAL STATE AND FEDERAL CONSOLIDATED APPROPRIATION ACT, 2021 AND/OR AMERICAN RESCUE PLAN ACT OF 2021 FUNDING ALLOCATIONS
5.6 Improvement District Annual Report: Approving the 2022 Annual Report for the Downtown Chula Vista Property-Based Business Improvement District Attachments
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Public Comments
1. TAVA Annual PBID Budget - 22-0083.pdf
2. Attachment 1 - 2022 TAVA Annual Planning Report.pdf
3. Attachment 2 - TAVA Profit and Loss Budget.pdf
4. Attachment 3 - TAVA Maintenance Agreement and Encroachment Permit.pdf
5. Resolution.TAVA Annual PBID Report.pdf
Adopt a resolution approving the 2022 Annual Report for the Downtown Chula Vista Property-Based Business Improvement District.
RESOLUTION NO. 2022-072 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2022 ANNUAL REPORT FOR THE DOWNTOWN CHULA VISTA PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT
6. PUBLIC COMMENTS
Attachments
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Public Comments
1. Public Comments _ Rojo.pdf
John Acosta, Chula Vista resident, spoke in support of sidewalks on the westside of the City.
Heidi Paris, Chula Vista resident, spoke in support of Brew Bar.
Carol Green representing the California State PTA spoke in support of AB6190 regarding smoking and vaping.
Victor Rojo submitted written communications regarding regulations and policies for rent control.
7. PUBLIC HEARINGS
Public Comments:
7.1 Planning Commission Appeal: Design Review Permit and Variance Permit for Three Industrial Shell Buildings on a Vacant 11.6-acre site in the Otay Ranch Village 3 Business Park, Known as Heritage Industrial Center Attachments
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Public Comments
1. Planning Commission Appeal Design Review and Variance Known as Heritage Industrial Center - 22-0097.pdf
2. Council Resolution(1).pdf
3. Attachment 1 - Locator Map.pdf
4. Attachment 2 - Draft Planning Commission Minutes.pdf
5. Attachment 3 - Appeal of Planning Commission Decision.pdf
6. Attachment 4 - Planning Commission Staff Report.pdf
7. Attachment 4a - Planning Commission Project Plans.pdf
8. Attachment 4b - Planning Commission Report - Noise Study.pdf
9. Attachment 4c - Planning Commission Report - DTSC Letter.pdf
10. Attachment 4d - Planning Commission Report - Retaining Wall Exhibit.pdf
11. Attachment 4e - Planning Commission Report - Design Review Site Color Board.pdf
12. Attachment 5 - Planning Commission Resolution DR21-0007.pdf
13. Attachment 6 - Planning Commission Resolution VAR21-0001.pdf
14. PH Notice 22_0097LCB.pdf
15. Written Communications _ Item 7.1 Received 3_21_2022.pdf
16. Written Communications _ Received 3_22 _ Barrios.pdf
17. Written Communications _ Received 3_22_Sisson.pdf
18. Item 7.1 Planning Commission Appeal Design Review and Variance Known as Heritage Industrial Center.pdf
19. Written Communications - Received 3_22 Sisson 2.pdf Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice.
City Attorney Googins provided information on the proceedings and recommended the Council disclose all ex parte communications regarding the item. Councilmembers reported the following ex parte communications:
Mayor Casillas Salas met with the appellant, Salvador Abrica and received correspondence from the Law Office of Jordan R. Sisson both expressing their opposition to the project. She also met with James Camp who represented Rockefeller Group and the applicant and received correspondence from Local 89 LIUNA both expressing their support of the project.
Councilmember Galvez made one phone contact, received a letter from the Law Office of Jordan R. Sisso and participated in a virtual meeting with Teamsters Local 542 representing the appellant, all expressing their opposition to the project. In addition she received a call from Hale Richardson, representing HomeFed, a call and an email from James Camp representing Rockefeller Group and the applicant, and received correspondence from Local 89 LIUNA all expressing their support for the project.
Councilmember Cardenas participated in a virtual meeting with Teamsters Local 542 representing the appellant expressing their opposition to the project. She also took phone calls from Local 89 LIUNA and James Camp representing Rockefeller Group and the applicant, expressing their support of this project. Councilmember Cardenas stated that she also received several emails regarding the project which had been forwarded to the City Clerk and made available to the public.
Councilmember Padilla made one phone contact, participated in a virtual meeting with Teamsters Local 542 representing the appellant expressing opposition to the project. He also took calls from James Camp representing Rockefeller Group and the applicant and Local 89 LIUNA expressing their support of the project.
Councilmember McCann spoke with the appellant, Salvador Abrica and received correspondence from the Law Office of Jordan R. Sisson both expressing their opposition to the project. He also received a phone call and a letter from James Camp, representing Rockefeller Group and the applicant a expressing their support of the project.
Sr. Planner Hernandez gave a presentation on the item, she City Attorney Googins and Deputy City Attorney Shirey
responded to questions of the Council.
Mayor Casillas Salas opened the public hearing.
James Camp, Senior Managing Director, Rockefeller Group and the applicant, gave a presentation in support of staff's recommendation on the item.
Jordan Sisson spoke on behalf of the appellant, Salvador Abrica.
The following members of the public spoke in support of staff's recommendation on the item:
Alfonso Sanchez, representing Local 89 LIUNA
Ralph Valador, representing Local 89 LIUNA
Jason Biaz, representing Local 89 LIUNA
Richard Lasorio, representing Local 89 LIUNA
Alex Zamora, representing Local 89 LIUNA
Zander Winfrey, representing Local 89 LIUNA
Hale Richardson, representing HomeFed Corporation
John Shardlow, representing Allen Matkins, provided a rebuttal argument.
There being no further members of the public who wished to speak, Mayor Casillas Salas closed the public hearing.
Transportation
Engineer Barker, Development Services Director Allen, Deputy City Attorney Shirey, and Katy Daniker, representing Kimley Horn, spoke regarding the item and responded to questions of the Council.
City Attorney Googins spoke regarding the process.
Mayor Casillas Salas recessed the meeting at 7:13 p.m. The Council reconvened at 7:27 p.m., with all members present.
Council discussion ensued.
Moved by
Councilmember McCann
Seconded by
Councilmember Galvez
To adopt Resolution No. 2022-073 heading read, text waived. The motion carried by the following vote:
Yes (5)
Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas Result, Carried (5 to 0)
RESOLUTION NO. 2022-073 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL BY SALVADOR ABRICA AND AFFIRMING THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW PERMIT DR21-0007 AND VARIANCE VAR21-0001 TO CONSTRUCT THREE INDUSTRIAL BUILDINGS AND TO ALLOW AN INCREASE IN WALL HEIGHT, LOCATED ON 11.6 ACRES WITHIN OTAY RANCH VILLAGE 3, KNOWN AS THE HERITAGE INDUSTRIAL CENTER
8. CITY MANAGER’S REPORTS
Public Comments:
City Manager Kachadoorian announced that the City had taken ownership of the land for the bridge shelter; she thanked Councilmember Padilla and Deputy City Manager Broughton for their efforts on this project.
9. MAYOR’S REPORTS
Public Comments:
Mayor Casillas Salas spoke regarding her attendance at the following recent events: the Addams Family musical at Southwestern College Theatre of Performing Arts and She congratulated Pastor Russ Cox and New Hope on his retirement.
10. COUNCILMEMBERS’ COMMENTS
Public Comments:
Councilmember Galvez spoke regarding her attendance at the Prayer for Peace event put on by four local churches in honor of the citizens of Ukraine. Sheoffered condolences to the family of Romie Cervantes and spoke of her accomplishments.
Councilmember Cardenas extended birthday greetings to Mayor Casillas Salas.
At the request of Councilmember McCann, there was consensus of the Council to direct the City Attorney to review the appeal process to ensure the process was fully up to date and complied with current ordinances and laws. City Attorney Googins responded that his office was working with Development Services staff to accomplish that.
Councilmember McCann announced that he and Councilmember Padilla would work together to present updates regarding San Diego Community Power. He also spoke regarding the citizens of Ukraine.
11. CITY ATTORNEY'S REPORTS
Public Comments:
City Attorney Googins gave a Charter Review Commission update.
12. CLOSED SESSION
Public Comments:
City Attorney Googins announced that that Item 12.1 would not be discussed.
12.1 Conference with Legal Counsel-Anticipated Litigation Public Comments:
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) One [1] Case
Ongoing issues with Republic Services, Inc.
ACTION:
Item not discussed.
13. ADJOURNMENT
Public Comments:
The meeting was adjourned at 7:46 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk