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Minutes

Chula Vista City Council
May 10, 2022

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Minutes
Meeting
May 10, 2022
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Chula Vista City Council
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Text extracted from the city's file for reading and search. Open the original on pub-chulavista.escribemeetings.com. That file is the official record.

1. CALL TO ORDER
Public Comments:

A regular meeting of the City Council and special meetings of the Successor Agency to the Redevelopment Agency and the Housing Authority of the City of Chula Vista were called to order at 5:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.

Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at that Housing Authority meeting, held simultaneously with the City Council meeting.

Deputy Mayor Cardenas joined the meeting at 5:16 PM.

2. ROLL CALL
Public Comments:

City Clerk Bigelow called the roll.

Deputy Mayor Cardenas arrived at 5:16 p.m
.

3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Comments:

Councilmember McCann led the Pledge of Allegiance.

4. SPECIAL ORDERS OF THE DAY
Public Comments:

4.1 Presentation of a Proclamation to Chief of Police Roxana Kennedy Proclaiming Sunday, May 15, 2022 as National Peace Officers Memorial Day in the City of Chula Vista Public Comments:

Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Agent Linney.

4.2 Presentation of a Proclamation Commending Ground Floor Murals for Their Contributions to the City of Chula Vista Attachments
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Public Comments

1. Item 4.2 Ground Floor Murals.pdf
Mayor Casillas Salas read the proclamation and Councilmember Galvez presented it to Paul Jimenez and Signe Ditona representing Ground Floor Murals.

5. CONSENT CALENDAR (Items 5.1 through 5.6)
Public Comments:

Councilmember McCann stated he would abstain from voting on Item 5.3 due to a potential property-related conflict of interest.

ACTION: Moved by
Mayor Casillas Salas
Seconded by
Councilmember Padilla
To approve the recommended action appearing below consent calendar Items 5.1 through 5.2 and 5.4 through 5.6. The headings below were 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)
ACTION: Moved by
Mayor Casillas Salas
Seconded by
Councilmember Padilla
To approve the recommended action appearing below consent calendar Item 5.3. The heading below was 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)

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.

Result:

5.2 Consideration of Requests for Excused Absences
Public Comments:

Consider requests for excused absences as appropriate. No requests were received at that meeting .

5.3 Grant Award: Accept Funds from the San Diego Association of Governments’ (“SANDAG”) Housing Acceleration Program to Implement the City of Chula Vista Accessory Dwelling Unit Assistance Program Attachments
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Public Comments

1. Staff Report ADU Incentive Program - 22-0036.pdf

2. Attachment 1 - HAP Scope Schedule and Budget .pdf

3. Attachment 2 - SANDAG HAP Grant Agreement.pdf

4. Resolution A - SANDAG HAP GRANT.pdf

5. Resolution B and HA - ADU Pilot Loan Program.pdf

6. Item 5.3 ADUs.pdf
Adopt resolutions: A) City Council authorizing the acceptance of a $180,719.68 Housing Acceleration Program grant from the San Diego Association of Governments (“SANDAG”) to implement the City of Chula Vista Accessory Dwelling Unit (“ADU”) Assistance Program, and appropriating SANDAG funds for that purpose; and B) City Council and Housing Authority approving and appropriating $200,000 in Housing Authority Inclusionary Funds as matching funds for an Accessory Dwelling Unit pilot loan program.

Result:

RESOLUTION NO. 2022-101 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) AUTHORIZING THE ACCEPTANCE OF A “HOUSING ACCELERATION PROGRAM” GRANT FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS; (2) APPROVING THE SANDAG HAP AGREEMENT AND AUTHORIZING ANY OTHER REQUIRED AGREEMENTS; AND (3) APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
RESOLUTION OF THE CITY COUNCIL NO. 2022-102/HOUSING AUTHORITY NO. 2022-003 OF THE CITY OF CHULA VISTA APPROVING AND APPROPRIATING AVAILABLE INCLUSIONARY HOUSING FUNDS FOR AN ACCESSORY DWELLING UNIT PILOT LOAN PROGRAM (4/5 VOTE REQUIRED)

5.4 Mobilehome Rent Control: Retain the Existing $12 Administrative Fee for Mobilehome Rent Control Services for Fiscal Year 2022/23 Attachments
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Public Comments

1. Staff Report Mobilehome Administrative Fee FY23 - 22-0106.pdf

2. Attachment 1 - Proposed Chapter 18 of the Master Fee Schedule.pdf

3. Resolution.pdf

4. Item 5.4 Mobilehomes.pdf
Adopt a resolution accepting Chapter 18 (Mobilehomes) of the City's Master Fee Schedule and retaining the existing $12 administrative fee for Fiscal Year 2022/23.

Result:

RESOLUTION NO. 2022-103 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RETAINING THE EXISTING $12 ADMINISTRATIVE FEE FOR RENT CONTROL SERVICES FOR FISCAL YEAR 2022-23 IN CHAPTER 18 (MOBILEHOMES) OF THE CITY'S MASTER FEE SCHEDULE

5.5 Contract Award: Approve a Service Contract with Microsoft Corporation for Software, Subscription, and Licensing Services Attachments
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Public Comments

1. Staff Report Microsoft Enterprise Agreement Renewal 2022-2025 - 22-0113.pdf

2. Attachment 1.pdf

3. Attachment 2.pdf

4. Attachment 3.pdf

5. Attachment 4.pdf

6. Attachment 5.pdf

7. Resolution(1).pdf
Adopt a resolution authorizing the City to enter into a contract with Microsoft Corporation for software, subscription, and licensing services.

Result:

RESOLUTION NO. 2022-104 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH MICROSOFT CORPORATION FOR SOFTWARE, SUBSCRIPTION, AND LICENSING SERVICES

5.6 Financial Report and Appropriations: Accept the Quarterly Financial Report for the Quarter Ending March 31, 2022, Amend the American Rescue Plan Act Spending Plan, and Appropriate Funds to Adjust for Variances Attachments
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Public Comments

1. Staff Report Quarterly Financial Report for the Quarter Ending March 31, 2022 - 22-0112.pdf

2. Resolution - FY 2022 Third Quarter.final.pdf

3. Attachment 1 - FY 2022 Third Quarter Financial Report.Final.pdf Accept the Quarterly Financial Report for the quarter ending March 31, 2022, adopt a resolution (1) amending the American Rescue Plan Act (“ARPA”) Spending Plan and (2) making various amendments to the Fiscal Year 2021/22 budget to adjust for variances and appropriating funds for that purpose.

Result:

RESOLUTION NO. 2022-105 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING MARCH 31, 2022, AMENDING THE AMERICAN RESCUE PLAN ACT SPENDING PLAN AND APPROPRIATING FUNDS TO ADJUST FOR VARIANCES THEREFOR (4/5 VOTE REQUIRED)

6. PUBLIC COMMENTS
Public Comments:

John Acosta, Chula Vista resident, spoke in opposition to a trash rate increase and investor owned properties.

John Moot, Chula Vista resident, spoke regarding Republic billing and credits for period of no service.

7. PUBLIC HEARINGS
Public Comments:

7.1 Vacation of Streets: Approve Vacations of a Portion of Marina Parkway and a Portion of G Street as Part of the Bayfront Development Attachments
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Public Comments

1. Vacation of Marina Parkway and G Street - 21-0241.pdf

2. 2022.05.02 - Bayfront Vacation Reso.pdf

3. Bayfront Street Vacations plat.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.

Mayor Casillas Salas opened the public hearing.

There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing.

ACTION: Moved by
Mayor Casillas Salas
Seconded by
Councilmember McCann
To adopt Resolution No. 2022-106 .  The heading below was 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. 2022-106 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACATING A PORTION OF MARINA PARKWAY AND A PORTION OF G STREET Time Certain 5:30 p.m.:

7.2 Bayfront Financing: Various Actions Necessary for the Financing of a Resort Hotel, Convention Center, Parking Structure, and Related Public Improvements on and Adjacent to Parcel H-3 Within the Chula Vista Bayfront Master Plan Area Attachments
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Public Comments

1. Staff Report Bayfront Financing - 22-0049 Final.pdf

2. Resolution A - Financing Final.pdf

3. Resolution B - Fee Deferral Agreement Final.pdf

4. Resolution C - Sewer Funds 2022-05-05.pdf

5. Attachment 1 - Key Actions 2022-05-05.pdf

6. Attachment 2 - Debt Schedule.pdf

7. Attachment 3 - Schedule of Advances.pdf

8. Attachment 4 - Fourth Amended and Restated .pdf

9. Attachment 5 - CVB GC 53083 Report 2022-05-06 Final.pdf

10. Attachment 6 - RIDA Fee Deferral DRAFT revised draft with City and Latham comment-v3.pdf

11. Attachment 6 - Exhibit - RIDA - Fee Deferral Agreement Guaranty-v2.pdf

12. Attachment 6 - Exhibit - RIDA Impact Fee Deferral Note DRAFT (city as revised by latham)-v2.pdf

13. Attachment 7 - Chula Vista Bayfront - JPM Forward Rate Lock Letter DRAFT 2022-04-22.pdf

14. Attachment 8 - RIDA - Sublease Convention Center Agreement [Allen Matkin Draft 5_5_2022]_105112662_11.pdf

15. Attachment 9 - RIDA - Declaration of Easements.pdf

16. Attachment 10 PIA.pdf

17. Attachment 11 Indenture.pdf

18. Attachment 12 Ground Lease.pdf

19. Attachment 13 Facility Lease.pdf

20. Attachment 14 Site Lease.pdf

21. Attachment 15 Sublease.pdf

22. Attachment 16 Mortgage Protection Agreements.pdf

23. Attachment 17 Bond Purchase Agreement.pdf

24. Attachment 18 Loan Agreement.pdf

25. Attachment 19 Support Agreement.pdf

26. Attachment 20 Form of Completion Guaranty.pdf

27. Attachment 21 Ground Lessor Agreement.pdf

28. Item 7.2 Bayfront 2022-05-10.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 Manager Kachadoorian, Deputy City Manager Allen and City Attorney Googins gave a presentation on the item.

Mayor Casillas Salas opened the public hearing.

RIDA President/CEO Ira Mitzner spoke regarding the project.

There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing.

Council discussion ensued.

Mayor Casillas Salas recessed the meeting at 6:44 p.m. The Council reconvened at 6:55 p.m., with all members present.

ACTION: Moved by
Mayor Casillas Salas
Seconded by
Councilmember Padilla
To adopt Resolution Nos. 2022-107 through 2022-109.  The headings below were 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. 2022-107 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF CERTAIN AMOUNTS IN FURTHERANCE OF THE CITY’S INVESTMENT IN THE CHULA VISTA BAYFRONT RESORT HOTEL AND CONVENTION CENTER PROJECT; RECEIVING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FOURTH AMENDED AND RESTATED REVENUE SHARING AGREEMENT AND CERTAIN OTHER AGREEMENTS RELATED TO THE CONVENTION CENTER; AND AUTHORIZING CERTAIN RELATED ACTIONS (4/5 VOTE REQUIRED)
RESOLUTION NO. 2022-108 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR DEVELOPMENT IMPACT AND SEWER CAPACITY FEES (BAYFRONT RESORT AND CONVENTION CENTER)

BETWEEN THE CITY AND RIDA CHULA VISTA, LLC
RESOLUTION NO. 2022-109 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING SEWER CAPACITY FEES TO REIMBURSE RIDA CHULA VISTA, LLC PURSUANT TO RESOLUTION 2019-170 AND THE 2020 REIMBURSEMENT AGREEMENT WITH RIDA CHULA VISTA, LLC TO CONSTRUCT SPECIFIED BAYFRONT SEWER IMPROVEMENTS (4/5 VOTE REQUIRED)

8. ACTION ITEMS
Public Comments:

8.1 City Manager's Proposed Annual Budget: Consider Approving the Fiscal Year 2022/23 Operating and Capital Improvement Budgets; and Set a Public Hearing for Final Consideration and Adoption Attachments
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Public Comments

1. PRESENTATION OF THE CITY MANAGER’S PROPOSED BUDGET FOR FISCAL YEAR 2022-23 - 22-0134.pdf

2. FY 2022-2023 Proposed Budget - Resolution.pdf

3. FY23 Proposed Budget (5.5.2022) Final.pdf

4. Item 8.1 FY2023 Proposed Budget.pdf
Finance Director Schoen, Budget and Analysis Manager Prendell and Administrative Services Manager Beamon gave a presentation on the item.

City Manager Kachadoorian and Budget and Analysis Manager Prendell responded to questions of the Council.

ACTION: Moved by
Councilmember McCann
Seconded by
Deputy Mayor Cardenas
To adopt Resolution No. 2022-110 .  The heading below was 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. 2022-110 OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY/HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER’S PROPOSED OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR FISCAL YEAR 2022-23 FOR EACH AGENCY AS THEIR PROPOSED BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING FOR FINAL CONSIDERATION AND ADOPTION OF SAME

9. CITY MANAGER’S REPORTS
Public Comments:

There were none.

10. MAYOR’S REPORTS
Public Comments:

Mayor Casillas Salas spoke regarding her attendance at recent events held on the new library deck. She thanked City Librarian Whatley and her staff, Policy Aide Mendez, Senior Council Aide Chavez and Sandy Scheller for their contributions to the events.

11. COUNCILMEMBERS’ COMMENTS
Public Comments:

Councilmember Galvez spoke regarding the Bayfront project, recent library deck events, and the Farmers Market grand opening event.

Deputy Mayor Cardenas extended Mother's Day greetings. She thanked library staff for their contributions to recent events on the library deck.

Councilmember Padilla extended Mother's Day greetings.

Councilmember McCann spoke regarding his attendance at the following recent events: 30th Annual Police Department awards ceremony; library deck events; and the UEI graduation.  He extended Mother's Day greetings and expressed appreciation for families that support military services.

12. CITY ATTORNEY'S REPORTS
Public Comments:

There were none.

13. CLOSED SESSION
Public Comments:

Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney.

City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below.

Mayor Casillas Salas recessed the meeting at 7:39 p.m. The Council reconvened in Closed Session at 7:55 p.m., with all members present.

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

Public Comments:

Result:

A) Name of case:  Estate of Oral Nunis, Sr., et al v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-DEB ACTION:

No Reportable Action
B) Name of case:  Patricia Ortiz v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2020-000505098-CU-PO-CTL ACTION:

No Reportable Action

14. ADJOURNMENT
Public Comments:

The meeting was adjourned at 9:08 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk

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