Chula Vista — 2024-11-12

8.1 Consider Items Removed From the Consent Calendar, if Any\nConsider items removed from the consent calendar by the Mayor or a City Councilmember, if\nany. If no items were removed from the consent calendar, this item will be withdrawn.\nNovember 12, 2024 Agenda Page 9 of 12\nCity of Chula Vista - City Council

8.2 State of Local Emergency: Consider Declaring a State of Local Emergency Related to the\nImpacts of Cross-Border Contamination\nG.C. § 84308: No\nEnvironmental Notice: The activity is not a “Project” as defined under Section 15378 of the\nCalifornia Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines\nSection 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the\nactivity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California\nEnvironmental Quality Act State Guidelines.\nRECOMMENDED ACTION:\nAdopt a resolution declaring a state of local emergency related to the impacts of cross-border\ncontamination.

8.3 University Now Initiative: Receive White Paper Developed by Southwestern Community\nCollege District and the University Now Initiative Committee Through an Agreement with the\nCity of Chula Vista\nReport Number: 24-0300\nLocation: No specific geographic location\nDepartment: City Manager\nG.C. § 84308: No\nEnvironmental Notice: The activity is not a “Project” as defined under Section 15378 of the\nCalifornia Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines\nSection 15060(c)(3) no environmental review is required.\nRECOMMENDED ACTION:\nReceive University Now Initiative White Paper developed by Southwestern Community College\nDistrict and the University Now Initiative Committee through an agreement with the City of\nChula Vista.

8.4 Park Master Plan: Approve the Park Master Plan for a 1.41 Acre Park (P-1), Including the\nName "Eden Rose Plaza," Located in Otay Ranch Village Two\nReport Number: 24-0260\nLocation: Northeast Corner of Santa Victoria Road and Santa Carolina Road\nDepartment: Development Services\nG.C. § 84308: Yes\nEnvironmental Notice: The Project is adequately covered in the previously certified Final\nSupplemental Environmental Impact Report (“FSEIR”) for the Otay Ranch Village Two\nComprehensive Sectional Planning Area Plan Amendment (FSEIR 12-01; SCH #2003091012;\nand incorporated by reference in City Council Resolution No. 2014-207, dated November 4,\n2014).\nNovember 12, 2024 Agenda Page 10 of 12\nCity of Chula Vista - City Council\nRECOMMENDED ACTION:\nAdopt a resolution approving the Park Master Plan, including the name "Eden Rose Plaza," for\nthe P-1 Park located in the Village of Montecito Core Area of Otay Ranch Village Two.

8.5 Council Policies: Approve Revising and Rescinding Various City Council Policies\nReport Number: 24-0267\nLocation: No specific geographic location\nDepartment: City Manager\nG.C. § 84308: No\nEnvironmental Notice: This activity is not a “Project” as defined under Section 15378 of the\nCalifornia Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines\nSection 15060(C)(3) no environmental review is required.\nRECOMMENDED ACTION:\nAdopt resolutions: A) Revising Council Policies: 220-05 City Debt Policy; 220-07 City\nDisclosure Policy; 662-13 Fraud Prevention in the Workplace; and B) Rescinding Council\nPolicies: 662-03 Disabled Employment; 662-05 Sexual Harassment Policy; 662-07 Substance\nAbuse Policy; 662-08 Disability Retirement – Safety Employees.

8.6 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter\nEnding June 30, 2024 (Fourth Quarter Report) and Appropriate Funds to Implement Required\nBudget Adjustments\nReport Number: 24-0263\nLocation: No specific geographic location\nDepartment: Finance\nG.C. § 84308: No\nEnvironmental Notice: The activity is not a “Project” as defined under Section 15378 of the\nCalifornia Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines\nSection 15060(c)(3) no environmental review is required.\nRECOMMENDED ACTION:\nAccept the quarterly financial report for the quarter ended June 30, 2024 (the “Fourth Quarter\nReport”) and adopt a resolution making various amendments to the fiscal year 2023-24 budget\nand the fiscal year 2023-24 Capital Improvement Program budget to adjust for variances and\nappropriating funds for that purpose. (4/5 Vote Required)

10.1 Presentation by FEMA Operations Section Chief/Chula Vista Fire Chief Muns of the FEMA\nNational Response

15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code\nSection 54956.9(d)(1)\nA) Name of case: American Civil Liberties Union of Southern California v. Chula Vista Police\nDepartment, San Diego Superior Court, Case No. 37-2024-20320-CU-WM-CTL\nB) Name of case: Eric Crockett v. City of Chula Vista, et al., San Diego Superior Court, Case\nNo. 37-2024-12828-CU-OE-CTL

15.2 Conference with Legal Counsel -- Anticipated Litigation - Significant Exposure to Litigation\nPursuant to Government Code Section 54956.9(d)(2) [or] (3)\nClaim/Demand re: sidewalk hazards.

15.3 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6\nCity designated representatives: Councilmember Jose Preciado, Mayor John McCann, and\nMarco Verdugo\nEmployee organization/Unrepresented Employee: City Clerk

5.10 Grant Award and Appropriation: Accept Funds from the Department of Energy for the Energy\nEfficiency and Conservation Block Grant Program\nReport Number: 24-0091\nLocation: Fire Station 5 at 341 Orange Ave. and Fire Station 3 at 100 Moss St.\nDepartment: Economic Development\nG.C. § 84308: No\nEnvironmental Notice: The Project qualifies for a Categorical Exemption pursuant to the\nCalifornia Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing\nFacilities) and Section 15303 Class 3 (New Construction or Conversion of Small Structures).\nUnder the National Environmental Policy Act (NEPA), the activity is exempt pursuant to Title\n10, Part 1021 of the Code of Federal Regulations and the Department of Energy\nEnvironmental Guidelines.\nRECOMMENDED ACTION:\nAdopt a resolution accepting $271,850 in grant funds from the United States Department of\nEnergy for the Energy Efficiency and Conservation Block Grant Program and appropriating\nfunds therefor. (4/5 Vote Required)\nNovember 12, 2024 Agenda Page 6 of 12\nCity of Chula Vista - City Council

5.11 Grand Jury Report: Response to the 2023/2024 Grand Jury Report on Dog Bites in San Diego\nCounty\nReport Number: 24-0289\nLocation: No specific geographic location\nDepartment: Animal Care\nG.C. § 84308: No\nEnvironmental Notice: The activity is not a “Project” as defined under Section 15378 of the\nCalifornia Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines\nSection 15060(c)(3) no environmental review is required.\nRECOMMENDED ACTION:\nAdopt a resolution accepting the 2023/2024 Grand Jury Report on Dog Bites in San Diego\nCounty and authorizing the response on behalf of the City.

5.3 Housing Policy: Adopt an Ordinance to Amend the Chula Vista Municipal Code Chapter 19.91\n(Inclusionary Housing)\nReport Number: 24-0272\nLocation: No specific geographic location\nDepartment: Housing and Homeless Services and City Clerk\nG.C. § 84308: No\nEnvironmental Notice: The activity is not a “Project” as defined under Section 15378 of the\nCalifornia Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State\nGuidelines Section 15060(c)(3) no environmental review is required.\nRECOMMENDED ACTION:\nAdopt an ordinance amending Chula Vista Municipal Code Chapter 19.91 (Inclusionary\nHousing) to update the residential threshold of applicability from ten to twenty units.\n(Second Reading and Adoption)\nNovember 12, 2024 Agenda Page 3 of 12\nCity of Chula Vista - City Council

5.4 Downtown Parking District Meter Rates: Adopt an Ordinance to Increase Parking Meter Rates\nin the Downtown Parking District and Amend Chula Vista Municipal Code Chapters 10.52 and\n10.56\nReport Number: 24-0203\nLocation: Downtown Parking District, bounded by E Street to the north, Del Mar Avenue to the\neast, Garret Avenue to the west, and H Street to the south\nDepartment: Finance\nG.C. § 84308: No\nEnvironmental Notice: The activity is not a “Project” as defined under Section 15378 of the\nCalifornia Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State\nGuidelines Section 15060(c)(3) no environmental review is required\nRECOMMENDED ACTION:\nAdopt an ordinance amending Chapter 10.56 of the Chula Vista Municipal Code “Parking\nMeters, Parking Meter Zones and Permit Parking” to amend section 10.56.020 “Meters –\nInstallation and maintenance – Rates of use” to increase parking meter rates, and to amend\nsection 10.56.040 “Meter zones – Designated – Time limits authorized in zone – Schedule XI”\nto reflect current parking meter zones and time limits, and amending Chapter 10.52 of the\nChula Vista Municipal Code “Stopping, Standing and Parking” to amend section 10.52.480\n“Municipal parking lots – Designated – Manner of parking required – Schedule XV” to reflect\ncurrent parking lots (Second Reading and Adoption)

5.5 Contract: Accept Bids and Award a Contract to 3-D Enterprises Inc. for Eucalyptus Park\nProject; Amend Infrastructure, Facilities & Equipment Expenditure Plan, ARPA Spending Plan,\nFiscal Year 2024-25 CIP, and Appropriate Funds for the Project\nReport Number: 24-0256\nLocation: 436 C Street\nDepartment: Engineering\nG.C. § 84308: No\nEnvironmental Notice: The Project qualifies for a Categorical Exemption pursuant to the\nCalifornia Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing\nFacilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and\nSection 15304 Class 4 (Minor Alterations to Land).\nRECOMMENDED ACTION:\nAdopt a resolution (1) accepting the bids and awarding a public works contract to 3-D\nEnterprises Inc. for the “Eucalyptus Park (PRK0340)” project in the amount of $15,876,000, (2)\namending the Infrastructure, Facilities, and Equipment Expenditure Plan, (3) amending the\nAmerican Rescue Plan Act Spending Plan, and (4) amending the fiscal year 2024-25 Capital\nImprovement Program budget by appropriating $3,548,795 from the available balance of the\nMeasure P fund to PRK0340, and transferring $1,220,342 in American Rescue Plan Act funds\nfrom “Loma Verde Recreation Center” (GGV0247) to the “Eucalyptus Park (PRK0340)” project\nto cover the projected costs of the construction phase of the project. (4/5 Vote Required)\nNovember 12, 2024 Agenda Page 4 of 12\nCity of Chula Vista - City Council

5.6 Master Fee Schedule Update: Parks & Recreation Fees for Harborside Park, Loma Verde\nPool, and Parkway Pool\nReport Number: 24-0280\nLocation: Harborside Park, 670 Oxford Street; Parkway Pool, 385 Park Way; Loma Verde Pool,\n1420 Loma Lane\nDepartment: Parks and Recreation\nG.C. § 84308: No\nEnvironmental Notice: The Project qualifies for a Categorical Exemption pursuant to the\nCalifornia Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing\nFacilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and\nSection 15061(b)(3). Pursuant to Title 24, Part 58.35(a)(1) of the Code of Federal Regulations\nand HUD Environmental Guidelines, the activity is Categorical exclusion under the National\nEnvironmental Policy Act (NEPA).\nRECOMMENDED ACTION:\nAdopt a resolution amending Chapter 7-200 (Facility User Fees) of the City’s Master Fee\nSchedule updating Parks and Recreation fees.

5.7 Investment Report: Quarter Ending September 30, 2024\nReport Number: 24-0271\nLocation: No specific geographic location\nDepartment: Finance\nG.C. § 84308: No\nEnvironmental Notice: The activity is not a “Project” as defined under Section 15378 of the\nCalifornia Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines\nSection 15060(c)(3) no environmental review is required.\nRECOMMENDED ACTION:\nReceive the investment report for the quarter ending on September 30, 2024.

5.8 Roof Maintenance and Replacement: Approve a First Amendment with Garland DBS, Inc. to\nExtend the Term of the Contract and Increase the Maximum Not-to-Exceed Amount to Address\nthe Needs at City Hall, Public Works, Fire Stations, and Recreation Centers\nReport Number: 24-0284\nLocation: No specific geographic location\nDepartment: Public Works\nG.C. § 84308: Yes\nEnvironmental Notice: The Project qualifies for a Categorical Exemption pursuant to the\nCalifornia Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing\nFacilities).\nNovember 12, 2024 Agenda Page 5 of 12\nCity of Chula Vista - City Council\nRECOMMENDED ACTION:\nAdopt a resolution approving the first amendment to the agreement with Garland DBS, Inc., for\nroof replacement, repair, and maintenance services to extend the contract term and increase\nthe maximum not-to-exceed contract amount from $2,000,000 to $6,000,000 over the term of\nthe agreement.

5.9 Donation Acceptance: Accept a Donation of 35 Seek FirePRO Thermal Imaging Cameras and\nAccessories from Firehouse Subs Public Safety Foundation\nReport Number: 24-0288\nLocation: No specific geographic location\nDepartment: Fire\nG.C. § 84308: No\nEnvironmental Notice: The activity is not a “Project” as defined under Section 15378 of the\nCalifornia Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines\nSection 15060(c)(3) no environmental review is required.\nRECOMMENDED ACTION:\nAdopt a resolution accepting a donation of 35 Seek FirePRO Thermal Imaging Cameras and\naccessories, valued at $39,421.24, from Firehouse Subs Public Safety Foundation.

7.1 Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the\nRespective Parcels of Land and Place Delinquent Charges on the Next Regular Tax Bill for\nCollection by the County Treasurer-Tax Collector\nReport Number: 24-0276\nLocation: No specific geographic location\nDepartment: Finance\nG.C. § 84308: No\nEnvironmental Notice: This activity is not a “Project” as defined under Section 15378 of the\nCalifornia Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State\nGuidelines Section 15060(c)(3), no environmental review is required.\nRECOMMENDED ACTION:\nConduct the public hearing and adopt a resolution assessing certain delinquent sewer service\ncharges as recorded liens upon the respective parcels of land and placement of delinquent\ncharges on the next regular tax bill for collection by the County Treasurer-Tax Collector.\nNovember 12, 2024 Agenda Page 7 of 12\nCity of Chula Vista - City Council

7.2 Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens\nUpon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Tax\nBill for Collection by the County Treasurer-Tax Collector\nReport Number: 24-0277\nLocation: No specific geographic location\nDepartment: Finance\nG.C. § 84308: No\nEnvironmental Notice: This activity is not a “Project” as defined under Section 15378 of the\nCalifornia Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State\nGuidelines Section 15060(c)(3), no environmental review is required.\nRECOMMENDED ACTION:\nConduct the public hearing and adopt a resolution assessing certain delinquent solid waste\nservice charges as recorded liens upon the respective parcels of land and placement of\ndelinquent charges on the next regular tax bill for collection by the County Treasurer-Tax\nCollector.

7.3 Otay Ranch: Consider a Fourth Addendum to FEIR 02-04, Amendments to City General Plan,\nOtay Ranch General Plan Development Plan, Otay Ranch Freeway Commercial Sectional\nPlanning Area Plan, a Zone Change, a Tentative Map, and a Development Agreement\nReport Number: 24-0233\nLocation: 2015 Birch Road\nDepartment: Development Services\nG.C. § 84308: Yes\nEnvironmental Notice: The Project is substantially covered in the previously adopted Final\nEnvironmental Impact Report (“FEIR”) and Mitigation Monitoring and Reporting Program\n(“MMRP”) for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan\n(FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1,\n2003). Minor technical changes or additions are necessary, and none of the conditions\ndescribed in Section 15162 of the California Environmental Quality Act (“CEQA”) Guidelines\ncalling for the preparation of a subsequent or supplemental environmental impact report exist.\nTherefore, the Director of Development Services has called for the preparation of a Fourth\nAddendum to FEIR 02-04 for consideration.\nRECOMMENDED ACTION:\nConduct the public hearing, discuss the matter, and determine whether to approve or deny the\nproject.\nActions Necessary to Approve the Project:\nA. Adopt a resolution (Resolution A) to:\n1. Certify the Fourth Addendum to FEIR 02-04; and\n2. Amend the Chula Vista General Plan (GPA22-0001), the Otay Ranch General\nDevelopment Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial\nSPA Plan (SPA22-0001), reducing the entitled commercial space from 960,000\nsquare feet to 816,000 square feet (reduction of 144,000 square feet of\ncommercial uses) and to reflect the change in zoning from commercial to mixed-\nuse, allowing up to 840 multifamily dwellings on the subject property (ZC22-\n0001) in accordance with the required findings and subject to the conditions\ncontained therein; and\n3. Approve a Tentative Map (TM22-0002) incorporating the proposed changes to\nthe Otay Ranch Town Center in accordance with the required findings and\nsubject to the conditions contained therein; and\nB. Place an ordinance (Ordinance B) on first reading concerning modifications to the\nOtay Ranch Freeway Commercial Planned Community District Regulations for the\nSoutherly Portion (FC-1) of the Otay Ranch Freeway Commercial SPA in accordance\nwith the required findings and subject to the conditions contained therein (First\nReading); and\nC. Place an ordinance (Ordinance C) on first reading concerning a change in zoning\nfrom commercial to mixed-use residential (First Reading); and\nD. Place an ordinance (Ordinance D) on first reading concerning a Development\nAgreement allowing for the Project to be constructed in phases, the Community\nPurpose Facility obligation, Parkland obligation and a Public Benefit Contribution\n(First Reading).\nOR\nAction Necessary to Deny the Project:\nA. Adopt a resolution (Resolution E) to deny a Fourth Addendum (IS22-0002) to the\nFinal Second Tier Environmental Impact Report (FEIR 02-04), Amendments to the\nChula Vista General Plan (GPA22-0001), the Otay Ranch General Plan Development\nPlan (GDPA22-0001), the Otay Ranch Freeway Commercial Sectional Planning Area\nPlan (SPA22-0001), including Associated Regulatory Documents, a Zone Change\n(ZC22-0001), a Tentative Map (TM22-0002), and a Development Agreement.

4.1 Oath of Office\nPrivacy Protection and Technology Advisory Commission\n- Richard Pulido

4.2 Chula Vista Bayfront Update by San Diego Port Commissioner Ann Moore

4.3 Presentation of a Proclamation Honoring Danny Shaffstall as the 2024 Chula Vista Veteran of\nthe Year

4.4 Presentation of a Proclamation Proclaiming November as National Homeless Awareness\nMonth in the City of Chula Vista

4.5 Presentation of a Proclamation Proclaiming November 9 - 16, 2024 as World Kindness Week\nin the City of Chula Vista