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February 16, 2021 ·5:00 PM Final ·REGULAR MEETING OF THE CITY COUNCIL

Via Teleconference Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 42 items

  1. 1 PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER N-29-20, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY COUNCIL AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY VIEW THE MEETING ON TELEVISION AND/OR ONLINE AND NOT IN THE COUNCIL CHAMBERS. HOW TO WATCH: Watch the meeting via livestream at https://chulavista.legistar.com/Calendar.aspx, on AT&T U-verse channel 99 (throughout the County), and on Cox Cable channel 24 (only in Chula Vista). Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at: https://chulavista.legistar.com/Calendar.aspx. The commenting period will be open shortly after the agenda is published will remain open through the meeting. All comments will be available to the public and the City Council using the eComment portal. Comments must be received prior to the time the Mayor calls for the close of the commenting period. Comments received after such time will not be considered by the City Council. If you have difficulty or are unable to submit a comment, please contact the City Clerk's Office at cityclerk@chulavistaca.gov or (619) 691-5041. ACCESSIBILITY: Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a City meeting by contacting the City Clerk’s Office at cityclerk@chulavistaca.gov 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. ***The City of Chula Vista is relying on commercial technology to livestream and accept public comments via Granicus, Inc. With the increase of virtual meetings, most platforms are working to scale their systems to meet the new demand. If we have technical difficulties, we will resolve them as quickly as possible. City staff will take all possible measures to ensure a publicly accessible experience. ***
  2. 2 page break
  3. 3 CALL TO ORDER ▶ jump to 0:02
  4. 4 ROLL CALL: ▶ jump to 2:19
  5. 5 PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE ▶ jump to 2:20
  6. 6 SPECIAL ORDERS OF THE DAY
  7. A. COVID-19 UPDATE BY CITY OF CHULA VISTA EMERGENCY SERVICES COORDINATOR MARLON KING 21-0021 presented Pass ▶ jump to 3:07
  8. B. PRESENTATION BY INTERIM CHIEF EXECUTIVE OFFICER, BILL CARNAHAN OF THE SAN DIEGO COMMUNITY POWER PHASE ONE LAUNCH UPDATE 20-0527 presented ▶ jump to 4:56
  9. C. PRESENTATION BY CHULA VISTA POLICE CAPTAIN DON REDMOND OF THE POLICE DEPARTMENT'S LIVE 911 21-0019 presented Pass ▶ jump to 5:09
  10. D. PRESENTATION OF A PROCLAMATION TO KATHY AND ADAM SPARKS IN RECOGNITION OF MANGIA ITALIANO’S SIGNIFICANT CONTRIBUTIONS TO THE CITY AND RESIDENTS OF CHULA VISTA 21-0030 presented Pass ▶ jump to 5:22
  11. 11 CONSENT CALENDAR (Items 1 - 7) ▶ jump to 75:03
  12. 1. APPROVAL OF MINUTES of August 4 and 25, and September 15 and 22, 2020. 21-0018 approve Pass ▶ jump to 75:03
  13. 2. A. RESOLUTION NO. 2021-022 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY NO. 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES; AMENDING THE EXISTING POLICY; AND DELEGATING INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF FINANCE/TREASURER- B. INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2020 21-0014 approve Pass ▶ jump to 75:03
  14. 3. RESOLUTION NO. 2021-023 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SCG - SPICER CONSULTING GROUP, LLC. FOR SPECIAL TAX CONSULTANT SERVICES FOR ASSESSMENT DISTRICTS, COMMUNITY FACILITIES DISTRICTS, OPEN SPACE DISTRICTS AND ANNUAL SEWER ASSESSMENT ADMINISTRATION SERVICES 20-0392 approve Pass ▶ jump to 75:03
  15. 4. RESOLUTION NO. 2021-024 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TEMPORARILY WAIVING ALL LATE FEES IMPOSED UPON DELINQUENT PAYMENTS OF BUSINESS LICENSE FEES FOR THE CALENDAR YEAR 2021 RENEWAL PERIOD 20-0558 approve Pass ▶ jump to 75:03
  16. 5. RESOLUTION NO. 2021-025 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2021 ANNUAL REPORT FOR THE DOWNTOWN CHULA VISTA PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT 20-0560 approve Pass ▶ jump to 75:03
  17. 6. RESOLUTION NO. 2021-026 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE COLOCATION OF AN EXISTING CITY OF SAN DIEGO SOUTH METRO INTERCEPTOR SEWER PIPELINE IN A SEGMENT OF E STREET 20-0550 approve Pass ▶ jump to 75:03
  18. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) RESCINDING CITY COUNCIL RESOLUTION NO. 2021-001 AND CANCELLING THE AWARD OF THE CONTRACT FOR THE “MAJOR PAVEMENT REHABILITATION FY 2018/2019 (STM0397)” PROJECT TO FRANK AND SON PAVING, INC. AND (2) AWARDING THE PROJECT CONTRACT TO THE NEXT APPARENT LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, HAZARD CONSTRUCTION COMPANY, IN THE AMOUNT OF $2,082,419.70 21-0029 presented ▶ jump to 81:10
  19. 19 ITEMS REMOVED FROM THE CONSENT CALENDAR
  20. 19 Approval of the Consent Calendar approved on the Consent Calendar Pass ▶ jump to 126:41
  21. 20 PUBLIC COMMENTS
  22. 8. PUBLIC COMMENTS RECEIVED for February 16, 2021 21-0025 accepted Pass ▶ jump to 105:15
  23. 22 ACTION ITEMS
  24. 9. CONSIDERATION OF ESTABLISHING NEW GREENS FEES AT THE CHULA VISTA MUNICIPAL GOLF COURSE RESOLUTION NO. 2021-027 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 8 (GREENS FEES) OF THE CITY’S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT THE CHULA VISTA MUNICIPAL GOLF COURSE 20-0556 adopt Pass ▶ jump to 128:08
  25. 10. CONSIDERATION OF ESTABLISHING ENERGY BENCHMARKING AND CONSERVATION REQUIREMENTS FOR MULTIFAMILY AND COMMERCIAL BUILDINGS ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH ENERGY BENCHMARKING AND CONSERVATION REQUIREMENTS FOR MULTIFAMILY AND COMMERCIAL BUILDINGS (FIRST READING) (THIS ITEM WAS PREVIOUSLY ON THE AGENDA OF 1/5/2021.) 20-0557 adopt Pass ▶ jump to 164:29
  26. 11. CONSIDERATION OF APPROVING AMENDED AND RESTATED REVENUE SHARING AND JOINT COMMUNITY FACILITIES AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT DISTRICT AND CHANGES TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT A. RESOLUTION NO. 2021-028 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THIRD AMENDED AND RESTATED REVENUE SHARING AGREEMENT BY AND AMONG THE CITY OF CHULA VISTA, THE SAN DIEGO UNIFIED PORT DISTRICT, AND THE CHULA VISTA BAYFRONT FACILITIES FINANCING AUTHORITY B. RESOLUTION NO. 2021-029 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED JOINT COMMUNITY FACILITIES AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE CHULA VISTA BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT C. RESOLUTION NO. 2021-030 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT DECLARING ITS INTENTION TO CONSIDER CHANGES TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED THEREIN AND EXPAND TERRITORY WHEREIN IMPROVEMENTS MAY BE LOCATED AND SERVICES MAY BE PROVIDED 20-0570 adopt Pass ▶ jump to 178:42
  27. 26 page break
  28. 12. CONSIDERATION OF ACCEPTING FEDERAL FUNDS AND APPLYING FOR STATE FUNDS FOR AN EMERGENCY RENTAL ASSISTANCE PROGRAM AND ENTERING INTO A CONTRACTOR/SERVICE PROVIDER AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES A. RESOLUTION NO. 2021-031 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACCEPTANCE OF A CONSOLIDATED APPROPRIATIONS ACT OF 2021 ALLOCATION FROM THE UNITED STATES DEPARTMENT OF TREASURY FOR AN EMERGENCY RENTAL ASSISTANCE PROGRAM AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) B. RESOLUTION NO. 2021-032 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY TO PURSUE AND ACCEPT A BLOCK GRANT FROM STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR A STATE EMERGENCY RENTAL ASSISTANCE PROGRAM, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A STANDARD AGREEMENT WITH HCD FOR THE IMPLEMENTATION OF A STATE EMERGENCY RENTAL ASSISTANCE PROGRAM PURSUANT TO SENATE BILL 91, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) C. RESOLUTION NO. 2021-033 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO CHULA VISTA MUNICIPAL CODE SECTION 2.56.070(B)(3) AND APPROVING A CONTRACTOR/SERVICE PROVIDER AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE AN EMERGENCY RENTAL AND UTILITY ASSISTANCE PROGRAM FUNDED BY STATE AND FEDERAL CONSOLIDATED APPROPRIATIONS ACT OF 2021 ALLOCATIONS 21-0010 adopt Pass ▶ jump to 215:24
  29. 28 CITY MANAGER’S REPORTS presented ▶ jump to 216:36
  30. 13. CITY MANAGER’S PROPOSED EMERGENCY ORDER, ACTING AS THE CITY’S DIRECTOR OF EMERGENCY OPERATIONS, TO CAP THIRD PARTY RESTAURANT DELIVERY FEES AT 15%, AND TO POTENTIALLY CAP RELATED SERVICE FEES, UNTIL SUCH TIME AS THE STATE TAKES PREEMPTIVE ACTION OR RESTAURANTS ARE ALLOWED TO OPERATE INDOORS, AND SOLICITING CITY COUNCIL/PUBLIC INPUT REGARDING SAME 21-0037 ▶ jump to 213:25
  31. 30 MAYOR’S REPORTS ▶ jump to 217:51
  32. 31 COUNCILMEMBERS’ COMMENTS ▶ jump to 224:01
  33. 32 CITY ATTORNEY'S REPORTS ▶ jump to 235:50
  34. 33 CLOSED SESSION
  35. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) Name of case: A. Estate of Oral Nunis, Sr. by and through Roxie A. Nunis, et al. v.City of Chula Vista, San Diego Superior Court, Case No. 37-2020-43271-CU-CR-CTL; B. Lucy Ludwig-Melendez, et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37-2019-34737-CU-EI-CTL 21-0575 discussed ▶ jump to 236:25
  36. 35 page break
  37. 15. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) [or] (3): (2) Cases: A. Claim presented 07/17/20; and B. Claim re: Notice of Potential Liability, Request for Information, Request for Payment, and Request for Performance of Work Associated with Releases and Threatened Releases of Hazardous Substances at the San Diego Bay National Wildlife Refuge Site in Chula Vista and National City, California 21-0576 discussed ▶ jump to 236:44
  38. 36 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.
  39. 37 ADJOURNMENT ▶ jump to 237:07
  40. 38 Materials provided to the City Council related to any open-session item on this agenda are available for public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041.
  41. 39 Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online.
  42. 40 _______________________________ Kerry K. Bigelow, MMC, City Clerk