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Annotated agenda

Chula Vista City Council
February 13, 2024

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Annotated agenda
Meeting
February 13, 2024
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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:

2. ROLL CALL
Public Comments:

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

4. SPECIAL ORDERS OF THE DAY
Public Comments:

4.1 Presentation by Environmental Services Manager Manuel Medrano on the ProduceGood Program for Chula Vista Residents Attachments
|
Public Comments

1. Item 4.1 - Special Orders.pdf

2. Produce Good.pdf

4.2 Recognition of Chula Vista Elementary School District's Leonardo da Vinci Health Sciences Charter School for being named Alliance for a Healthier Generation's 2023 List of America's Healthiest Schools Attachments
|
Public Comments

1. Item 4.2 - Leonardo daVinci 2023 Healthier Generation.pdf

4.3 Presentation by the AARP Network of Age-Friendly States and Communities of a Recognition Plaque to the City of Chula Vista for Completing the Communities Cycle of Improvement Public Comments:

4.4 Presentation of a Proclamation to Valerie Magana and Colette Putnam for their Heroism on January 22, 2024, During the Flooding that occurred in the City of Chula Vista Public Comments:

5. CONSENT CALENDAR (Items 5.1 through 5.8)
Public Comments:

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
Attachments
|
Public Comments

1. Draft Minutes - January 22, 2024.pdf

2. Draft Minutes - January 23, 2024.pdf
RECOMMENDED ACTION:

Approve the minutes dated: January 22 and January 23, 2024

5.2 Waive Reading of Text of Resolutions and Ordinances Public Comments:

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 Policy, General Plan, and Chula Vista Municipal Code Updates: Adopt an Ordinance Updating the Municipal Code Relating to the Appeal Process and Approving Changes to the Public Facilities Financing Plans Attachments
|
Public Comments

1. Staff Report - 2nd Reading.pdf

2. Ordinance - 2nd Reading.pdf

3. Attachment 1 - Planning Commission Resolution.pdf

4. Attachment 2 - Draft Amendments to CVMC Chapter 19.92.pdf

5. Attachment 3 - Draft Amendments to PFFP Guidelines.pdf

6. Attachment 4 - Draft Amendments CVMC Titles 1, 9, 10, 12, 15, 17-19, and 21.pdf

7. John Acosta 5.3.pdf
Report Number
:
24-0019
L
ocation
:

Citywide
D
epartment
:

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 an Ordinance amending the following: Chula Vista Public Facilities Financing Plan Guidelines; Chula Vista Municipal Code: Title 1 (General Provisions), Title 9 (Public Peace, Morals, and Welfare), Title 10 (Vehicles and Traffic), Title 12 (Streets and Sidewalks), Title 15 (Buildings and Construction), Title 17 (Environmental Quality), Title 18 (Subdivisions), Title 19 (Planning and Zoning), Title 21 (Historic Preservation). (Second
R
eading and Adoption)

5.4 Agreement: Approve the First Amendment to the Two-Party Agreement with KTUA for Design, Pre-Construction, and Construction Administration for Eucalyptus Park Renovations Attachments
|
Public Comments

1. Staff Report - First Amendment to Two-Party Agreement with KTUA for Eucalyptus Park Design Services - 24-0043.pdf

2. Resolution(2).pdf

3. Attachment 1 - Project Location Map.pdf

4. Attachment 2 - Statewide Parks Grant Contract.pdf

5. Attachment 3 - Original Two Party Agreement.pdf

6. Attachment 4 - Resolution No. 2023-211.pdf

7. Attachment 5 - First Amendment to Two-Party Agreement.pdf Report Number
:
24-0043
L
ocation
:
436 C Street
D
epartment
:

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 First Amendment to the Two-Party Agreement with KTUA for design, pre-construction, and construction administration services for Eucalyptus Park renovations.

5.5 American Rescue Plan Act: Waive Competitive Bidding Requirements, Authorize the Purchase, Installation, and Maintenance of Fencing on the East Side of Industrial Boulevard in the Harborside/Palomar Area, and Appropriate Funds for That Purpose Attachments
|
Public Comments

1. Staff Report - Appropriation of Funds for Industrial Boulevard Fence - 24-0046.pdf

2. Resolution - Industrial Fence.pdf
Paul Henkin
The proposed fencing, while a good idea, will not be a fix by itself given the persistence shown by members of the homeless community.

However, there is insufficient connection to COVID to use ARPA funds designated for COVID or directly related relief. I think, though, that interest from those funds can be used for this.

Report Number
:
24-0046
L
ocation
:

Industrial Boulevard, 91911
D
epartment
:

Housing and Homeless Services & Public Works
G.C. § 84308:

Yes
Environmental Notice
:

The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15303(e) Class 3 (New Construction or Conversion of Small Structures).

RECOMMENDED ACTION:

Adopt a resolution: 1) Waiving the competitive bidding requirements pursuant to Chula Vista Municipal Code Section 2.56.070(B)(3); and 2) Authorizing and appropriating interest earned on American Rescue Plan Act funds up to $275,000 for the purchase, installation, and maintenance of fencing on Industrial Boulevard and authorizing the City Manager or designee to determine needed phasing for installation and execute all necessary documents. (4/5
V
ote
R
equired)

5.6 Measure A Expenditure Plan and Appropriation: Amend the Measure A Public Safety Expenditure Plan to Fund Drone Program Costs and a Recruiting Campaign for the Police Department and Appropriate Funds for That Purpose Attachments
|
Public Comments

1. Staff Report Measure A PSEP Update - Drone Costs and Recruiting Campaign - 24-0038.pdf

2. Resolution(5).pdf

3. CVPD Measure A Public Safety Expenditure Plan rev 2024-02-06.pdf Report Number
:
24-0038
L
ocation
:

No specific geographic location
D
epartment
:

Police
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 approving the amended Measure A Public Safety Expenditure Plan to fund drone program costs and a recruiting campaign for the Police Department and amending the Fiscal Year 2023/24 expenditure budget for the Measure A Sales Tax Fund to appropriate funds for that purpose. (4/5 Vote Required)

5.7 Policy and Investment Report: Amend City Council Policy No. 220-01, Delegate Investment Activity Authority to the Director of Finance/Treasurer, and Accept the Investment Report for Quarter Ending December 31, 2023 Attachments
|
Public Comments

1. Staff Report City Council Policy and Investment Report - 24-0051.pdf

2. Resolution(3).pdf

3. Exhibit 1 to Resolution.pdf

4. Attachment 1 - Summary of Cash and Investments as of 12.31.2023.pdf

5. Attachment 2 - Investment Report for the Quarter Ended December 31, 2023.pdf

6. Attachment 3 - Council Policy 220-01 Investment Policy and Guidelines - Redline Version.pdf Report Number
:
24-0051
L
ocation
:

No specific geographic location
D
epartment
:

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:

Adopt a resolution acknowledging receipt of City Council Policy No. 220-01 Investment Policy and Guidelines, amending the existing policy, delegating investment activity authority to the Director of Finance/Treasurer, and accepting the investment report for the quarter ending on December 31, 2023.

5.8 Agreement: Approve a Park Agreement for the Construction of a 0.5 Acre Public Park Associated with the Chula Vista Center Residential Project, also Known as the Citrus Bay Project, Located at the Former Sears Site at Chula Vista Center Attachments
|
Public Comments

1. Staff Report - Agreement to Construct a Public Park Associated with Citrus Bay Project - 24-0052.pdf

2. Resolution.pdf

3. Attachment 1.pdf
Paul Henkin
I think that a park at that unused location would be good.

Hope you're taking out 'Raising Canes.' Don't know whether the project will expand across the street, but it is junk food.

Report Number
:
24-0052
L
ocation
:

Southeast Corner of H Street and 5
th
Avenue
D
epartment
:

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.

Alternatively, if the
subject
park agreement is considered a Project under CEQA, then the agreement was adequately covered and addressed under CEQA in the approved January 2023 Addendum to the previously
adopted Final Environmental Impact Report for the Urban Core Specific Plan (FEIR06-01; SCH#2005081121; and certified by Resolution No. 2007-097 on April 26, 2007).

RECOMMENDED ACTION:

Adopt a resolution approving the Park Agreement for the construction of a public park associated with the Citrus Bay Project located at the former Sears site at Chula Vista Center.

6. PUBLIC COMMENTS
Attachments
|
Public Comments

1. Public Comments - Curry.pdf

2. Public Comments - Raso.pdf

3. Public Comments - Acosta - Received 2_12_24.pdf

4. Public Comments - Curry - Received 2_12_24.pdf

5. Raso - Received 2_13_24.pdf
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. ACTION ITEMS
Public Comments:

7.1 Annual Report: Accept the Audited Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2023 and Update on General Fund Reserve Funds Attachments
|
Public Comments

1. Staff Report Acceptance of Audited ACFR - 24-0045 - 24-0045.pdf

2. Resolution(1).pdf

3. Attachment 1 - ACFR for FY Ended June 30, 2023.pdf

4. Item 7.1 - Acceptance of Audited ACFR for FY2023.pdf Report Number
:
24-0045
L
ocation
:

No specific geographical location
D
epartment
:

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:

Adopt a resolution accepting the audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2023, and hear the update on City reserve funds.

7.2 Agreement: Approve an Agreement for the Continuation and Expansion of the Work for Hope Program with McAlister Institute for Treatment and Education, Inc.

Attachments
|
Public Comments

1. Staff Report - Agreement with McAlister for the Work for Hope Program - 23-0325.pdf

2. Resolution - McAlister.pdf

3. Attachment 1 - Two Party Agreement (Contractor-Service Provider) 2023-252 McAlister.pdf Report Number
:
23-0325
L
ocation
:

No specific geographic location
D
epartment
:

Housing and Homeless Services
G.C. § 84308:

Yes
Environmenta
l 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 a resolution waiving the competitive bidding requirements pursuant to Chula Vista Municipal Code Section 2.56.070(B)(4) and approving an agreement with McAlister Institute for the continuation and expansion of the Work for Hope program.

7.3 Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Position Counts; Revised Compensation Schedule; and Updated Conflict of Interest Code Attachments
|
Public Comments

1. Staff Report Classification Plan and Compensation Schedule - 24-0010.pdf

2. Resolution A - Classification Plan and Amend Compensation Schedule.pdf

3. Resolution B - Approve Revised Compensation Schedule Eff 02-09-2024.pdf

4. Resolution C - Budget Amendments.pdf

5. Resolution D - Conflict of Interest Code.pdf

6. Ordinance - Amend CV Muni Code Section 2.05.010.pdf

7. Attachment 1 - FY 23-24 Compensation Schedule Effective 02-09-2024.pdf

8. Attachment 2 - Exhibit 1 to Resolution D.pdf

9. Attachment 3 - Exhibit 1 to Resolution D (redline).pdf

10. Public Comments - Acosta - Received 2_12_24(1).pdf
Report Number
:
24-0010
L
ocation
:

No specific geographic location
D
epartment
:

Human Resources
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 resolutions: A) Amending the Classification Plan and Compensation Schedule to reflect (1) the addition and deletion of position titles and (2) salary adjustments for certain positions and amending the authorized position count in departments; B) Approving the revised Fiscal Year 2023-2024 Compensation Schedule effective February 9, 2024, as required by the California Code of Regulations, Title 2, Section 570.5; C) Amending the fiscal year 2023-24 budget; and D) Modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700); and place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 adding the unclassified position titles of Deputy Director of Animal Services and Deputy Director of Development Services. (First Reading); (4/5 Vote Required)

7.4 Legislative Platform: Approve an Amendment to the 2023-2024 Legislative Platform Attachments
|
Public Comments

1. Staff Report Amendment to 2023-2024 Legislative Platform - 24-0050.pdf

2. Resolution(4).pdf

3. Attachment 1- 2023-2024 Chula Vista Legislative Platform (Amended 2.13.24).pdf

4. Written Communications - Acosta - Received 2_13_24.pdf

5. Item 7.4 - Legislative Platform Update 02132024.pdf
Paul Henkin
All good except the very last bullet point: "Support legislation and/or funding to improve broadband accessibility and affordability in Chula Vista." As we saw recently, the council is too reluctant to exercise its option to reject a broadband installation for health and safety reasons (that is, in a residential neighborhood within 350 feet of a childcare facility, next to houses and a church.) This bullet point should be removed or amended to add "consistent with health and safety."

I particularly like you removing "secure an exemption from the surplus lands act" for the Chula Vista University that has not been developed for 30 years. I feel that if there has been no real development of a University there for 30 years, the land should be surplussed for a more appropriate use, such as a homeless center.

Report Number
:
24-0050
L
ocation
:

No specific geographic location
D
epartment
:

City Manager
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. 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 a resolution approving an amendment to the 2023-2024 Legislative Platform.

8. PUBLIC COMMENTS (CONTINUED)
Public Comments:

There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard.

9. CITY MANAGER’S REPORTS
Public Comments:

9.1 Council Referral: Response on SR 125 Toll Road Briefing Request Attachments
|
Public Comments

1. SR 125 Toll Road Memo.pdf

2. Item 9.1 - SR-125 Feb2024 Final (SANDAG).pdf
Paul Henkin
Don't know whether a council referral by itself is good enough. I do not think that it is a substitute for a valid public hearing.

The SR 125 Tolls were charged incorrectly to at least 45,000 drivers.

This is not a huge number compared to the total, but what is so disturbing is that this happened over at least 5 or 6 years without the Board being notified. At least one payment went to the Golden Gate Bridge District. Moreover, the people at SANDAG want to use the same people who ran the broken system to patch it.

There was also a proposal made by one SANDAG Boardmember who has substantial computer expertise to not collect tolls for a year while the new fixes are thoroughly vetted. Makes sense but was apparently dropped from consideration.

In addition, I would like it to be explained why SANDAG needs so many contractors on this: HNTB ("owner's rep"); Kapsch system operator; ETAN system operator; Fagan Consulting; SANDAG auditor; Davis Farr outside auditor; and Deloitte/A to Be Toll Systems Consultant. With 2 system operators, 2 auditors and 2 consultants, is SANDAG looking for trouble? And why are we paying for all of these?

SANDAG has shown bad stewardship of this and other projects.

I heard something about a plan to pay off the debt from SANDAG buying the SR-125 toll road, which would probably involve either more taxes or raised tolls, or both.

That is why there should be a public hearing into this.

10. MAYOR’S REPORTS
Public Comments:

10.1 Appointment to the Sustainability Commission
Attachments
|
Public Comments

1. Memo Appointment Jan 2024.pdf

2. Costello, Abigail SSC_Redacted.pdf
- Abigail Costello

11. COUNCILMEMBERS’ COMMENTS
Public Comments:

12. CITY CLERK'S REPORTS
Public Comments:

13. CITY ATTORNEY'S REPORTS
Public Comments:

14. CLOSED SESSION
Public Comments:

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)

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

Name of case:  City of Chula Vista v. Amerisourcebergen Drug Corporation, et al., Northern District Court of Ohio, Case No. 19-op-45750-DAP.

15. ADJOURNMENT
Public Comments:
to the regular City Council meeting on February 20, 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 [email protected]
or (619) 691-5041.

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