REGULAR MEETING OF THE CITY COUNCIL
**REVISED - 12/16/2022**
Date: Tuesday, December 20, 2022, 5:00 p.m.
Location: Council Chambers, 276 Fourth Avenue, Chula Vista, CA
View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings Cox channel 24 in English only
Welcome to your City Council Meeting
PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways:
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In-Person. The community is welcome to make public comments at this City Council meeting. Masks or face coverings are recommended in Council Chambers and all City conference and meeting rooms.
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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 [email protected] or (619) 691-5041 (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. CONSENT CALENDAR (Items 4.1 through 4.7)
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.
4.1 Approval of Meeting Minutes
RECOMMENDED ACTION:
Approve the minutes dated: December 13, 2022
4.2 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.
4.3 Consideration of Request for Excused Absences
RECOMMENDED ACTION:
Consider requests for excused absences as appropriate.
4.4 Employee Compensation and Positions: Adopt an Ordinance Adding an Unclassified Position Title (Second Reading)
Report Number: 22-0307
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 adding the Unclassified Position Title, Information Technology Project Manager. (Second Reading and Adoption) (4/5 Vote Required) 2022/12/20 City Council Agenda - Revised on 12/16/22 Page 3 of 9 *4.5 Housing Funding: Approve the Housing and Urban Development (HUD) 2022/23 Annual Action Plan First Amendment for the Federal Block Grant Programs and Appropriate Funds Report Number: 22-0319
Location: Five of the nine activities funded through this action are not site-specific. The remaining four are located at:
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31 4th Avenue
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205 27th Street
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D Street
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333 Oxford Street
Department: Housing and Homeless Services
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines and Title 24 of the Federal Code of Regulations; therefore, pursuant to State Guidelines Section 15060(c)(3) and Federal Guidelines Part 58.34(a)(2) & (3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA State Guidelines and Part 58.34 (a)(2) & (3) of the National Environmental Policy Act (“NEPA”).
RECOMMENDED ACTION:
Adopt a resolution: 1) approving a First Amendment to the 2022/2023 Annual Action Plan to reallocate available funding from the U.S. Department of Housing and Urban Development; 2) authorizing the City Manager or designee to execute all necessary documents to implement; 3) authorizing a subrecipient agreement with Alpha Project; and 4) appropriating funds for that purpose. (4/5 Vote Required)
4.6 City Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2023
Report Number: 22-0304
Location: No specific location
Department: City Clerk
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 accepting the 2023 Local Appointments List for board, commission, and committee terms expiring in calendar year 2023.
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4.7 Annual Report: Fiscal Year 2021/22 Development Impact Fees, the Parkland Acquisition and Development Fee, Trunk Sewer Capital Reserve Funds, and Five-Year Findings for Unexpended Development Impact Fees
Report Number: 22-0298
Location: City-wide
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:
Accept the Annual Development Impact Fees Report and adopt resolutions: A) Poggi Canyon Sewer, Otay Ranch Villages 1, 2, 5 & 6 and Otay Ranch Village 11 Pedestrian Bridge Development Impact Fees collected and remaining unexpended for five or more years; B) Eastern Transportation Development Impact Fees collected and remaining unexpended for five or more years; and C) Telegraph Canyon Drainage Development Impact Fees collected and remaining unexpended for five or more years.
5. PUBLIC COMMENTS
The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda.
6. ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion and deliberation.
6.1 Employee Compensation: Approve the Revised Compensation Schedules that Reflect Elected Officials’ Salaries Pursuant to the City Charter and Appropriate Funds Report Number: 22-0324
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 resolutions: (A) Approving the revised Fiscal Year 2022-2023 Compensation Schedule effective December 30, 2022, to reflect the adjusted salaries for Mayor, Councilmember and City Attorney effective July 1, 2022, and its inclusion in the revised Compensation Schedules effective July 1, 2022; August 12, 2022; October 21, 2022; November 18, 2022; December 16, 2022, as required by the California Code of Regulations, Title 2, Section 570.5; (B) Approving the revised Fiscal Year 2022-2023 Compensation Schedule effective January 13, 2023, as required by the California Code of Regulations, Title 2, Section 570.5 and (C) Amending the Fiscal Year 2022-23 budget to appropriate funds, accordingly (4/5 Vote Required). 2022/12/20 City Council Agenda - Revised on 12/16/22 Page 5 of 9
6.2 Massage Regulation: Consider Repealing Chula Vista Municipal Code Chapter 5.36, Massage Parlors and Holistic Health Practitioners, and Replacing it with Chapter 5.36, Massage Regulation
Report Number: 22-0322
Location: No specific geographic location
Department: Police
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 repealing Chula Vista Municipal Code Chapter 5.36, Massage Parlors and Holistic Health Practitioners, and replace it with the proposed new version of Chapter 5.36, Massage Regulation (First Reading)
6.3 Declare Vacancies for District 3 City Councilmember and City Attorney Seats, Determine Whether to Fill District 3 Councilmember Vacancy by Appointment or by Calling a Special Election, Call a Special Election for City Attorney Vacancy, & Related Actions Report Number: 22-0320
Location: No specific geographic location
Department: City Clerk
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 resolutions, provide direction to staff, and appropriate funds, as appropriate, implementing the City Council’s actions to 1) declare vacancies for the District 3 City Councilmember and City Attorney seats, 2) determine whether to go through an application and appointment process or call a special election to fill the District 3 City Councilmember vacancy, 3) determine whether the election will be conducted using the Vote Center model (in- person) or all-mail ballot format for the City Attorney vacancy and, if the special election option is selected, the District 3 City Councilmember vacancy, 4) determine the date of the special election, and 5) implement any required related actions, including necessary appropriations (4/5 Vote Required for Appropriations)
7. CITY MANAGER’S REPORTS
8. MAYOR’S REPORTS
8.1 Appointment of Deputy Mayor
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8.2 Appointment of City Councilmembers to San Diego Association of Governments (SANDAG) Appointments to these agencies are due by January 10, 2023 •
San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee - Member
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San Diego Association of Governments (SANDAG) Board of Directors - Member •
San Diego Association of Governments (SANDAG) Board of Directors - 1st Alternate •
San Diego Association of Governments (SANDAG) Board of Directors - 2nd Alternate •
San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group – Member
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8.3 Solicit Input and Interest for Appointment of City Councilmembers to Outside Agencies •
Chula Vista Bayfront Facilities Financing Authority Board of Directors - Two (2) Members
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Chula Vista University Subcommittee (internal subcommittee of the Council) - Two (2) Members
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Chula Vista Veterans Home Support Foundation - Member
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Chula Vista Veterans Home Support Foundation - Alternate •
Interagency Water Task Force - Two (2) Members
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International Council for Local Environmental Initiatives (ICLEI) - Environmental Lead •
International Council for Local Environmental Initiatives (ICLEI) - Alternate •
League of California Cities, San Diego Division - Member •
League of California Cities, San Diego Division - Alternate •
Metropolitan Transit System Board of Directors (MTS) - 1st Member (Mayor) •
Metropolitan Transit System Board of Directors (MTS) - 2nd Member (City Councilmember)
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Metropolitan Transit System Board of Directors (MTS) - Alternate •
Metropolitan Wastewater Commission (Metro) - Member
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Metropolitan Wastewater Commission (Metro) - Alternate
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Otay Ranch Preserve Owner Manager (POM) Policy Committee - Member •
Otay Ranch Preserve Owner Manager (POM) Policy Committee - Alternate •
Otay Valley Regional Park (OVRP) Policy Committee - Member •
Otay Valley Regional Park (OVRP) Policy Committee - Alternate •
San Diego Community Power Authority - Member
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San Diego Community Power Authority - Alternate
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South County Economic Development Council (EDC) - Member •
South County Economic Development Council (EDC) - Alternate •
University Project Task Force with Southwestern College - Two (2) Members
9. COUNCILMEMBERS’ COMMENTS
10. CITY ATTORNEY'S REPORTS
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11. ADJOURNMENT
to the regular City Council meeting on January 17, 2023, 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 (619) 691-5041.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online.
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