City of Chula Vista

Regular City Council Meeting

MINUTES

Tuesday, March 26, 2024 at 5:00 P.m. - 6:00 P.m.

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

Present:

• Councilmember Chavez, 
• Deputy Mayor Gonzalez, 
• Councilmember Preciado, 
• and Mayor McCann 

Also Present:

• City Manager Kachadoorian, 
• Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney, 
• City Clerk Bigelow, 
• and Deputy Director of City Clerk Services Turner 

Minutes are prepared and ordered to correspond to the agenda.

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1.

CALL TO ORDER

The meeting was called to order at 5:01 p.m.

2.

ROLL CALL

City Clerk Bigelow called the roll.

3.

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

Led by Councilmember Chavez

4.

SPECIAL ORDERS OF THE DAY

4.1

Oaths of Office for Board of Ethics

Board of Ethics
- Robert Maisonet
- Bobby Ray Salas

City Clerk Bigelow administered the oaths of office, and Councilmember Gonzalez presented the certificates of appointment.

4.2

Presentation of a Certificate of Recognition to Castle Park High School Coach Victor Vargas and the CIF Division 5 Champion Boys Soccer Team

Mayor McCann read the certificate of recognition, and he and the City Councilmembers presented it to Coach Victor Vargas and the CIF Division 5 Champion Boys Soccer Team.

5.

CONSENT CALENDAR (Items 5.1 through 5.5)

Alan C. spoke regarding items 5.1 through 5.4.

John Acosta, Chula Vista resident, spoke regarding Items 5.1 and 5.2.

Item 5.5 was removed from the consent calendar at the request of Deputy Mayor Gonzalez.

Acting City Attorney Maland announced that a revised resolution for Item 5.2 had been distributed and that action on the item would be on the revised document.

• Moved by Mayor McCann
  Seconded by Councilmember Preciado

  To approve the recommended actions appearing below consent calendar Items 5.1 through 5.4. The headings were read, text waived. The motion was carried by the following vote:

  Yes (4)

  Mayor McCann, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez

  Result, Carried (4 to 0)

5.1

Waive Reading of Text of Resolutions and Ordinances

• Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting.

  
  

5.2

Employee Benefits: Approve a Consultant Services Agreement with Marsh & McClennan Agency, LLC. to Provide Employee Benefits Insurance Broker Services

• Adopt a resolution approving the consultant services agreement with Marsh & McClennan Agency, LLC.

  Item 5.2 heading:

  RESOLUTION NO. 2024-048 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONSULTANT SERVICES AGREEMENT TO PROVIDE EMPLOYEE BENEFITS INSURANCE BROKER SERVICES BETWEEN THE CITY AND MARSH & MCLENNAN AGENCY, LLC.

  
  

5.3

Agreement and Appropriation: Approve a Third Amendment to the Legal Services Agreement with Gatzke, Dillon & Ballance, LLP to Provide On-Call Legal Services for the Development Services Department and Appropriate Funds for that Purpose

• Adopt a resolution approving the third amendment to the Legal Services Agreement with Gatzke, Dillon & Balance, LLP for on-call legal services to assist the Development Services Department for an additional $250,000 and amending the fiscal year 2023-24 Development Services Fund budget for that purpose. (4/5 Vote Required)

  Item 5.3 heading:

  RESOLUTION NO. 2024-049 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO THE LEGAL SERVICES AGREEMENT FOR ON-CALL LEGAL SERVICES TO ASSIST THE DEVELOPMENT SERVICES DEPARTMENT BETWEEN THE CITY AND GATZKE DILLON & BALLANCE LLP, AMENDING THE FISCAL YEAR 2023-24 BUDGET, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

5.4

Agreement: Authorize the Use of a Cooperative Agreement Between Sourcewell and Mansfield Oil Company of Gainesville, Inc. for the Purchase of Motor Vehicle Fuel, and Approve Entering Into an Agreement with Mansfield

• Adopt a resolution approving the City’s use of the cooperative purchasing agreement between Sourcewell and Mansfield Oil Company of Gainesville, Inc. (Mansfield) for the purchase of motor vehicle fuel, on an as-needed basis, with a term starting on April 24, 2024 and ending on or before February 10, 2028, in a maximum amount of $7 million; and authorizing the City Manager to negotiate, execute, and finalize an agreement with Mansfield.

  Item 5.4 heading:

  RESOLUTION NO. 2024-050 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE USE OF THE COOPERATIVE CONTRACT BETWEEN SOURCEWELL AND MANSFIELD OIL COMPANY OF GAINESVILLE, INC. FOR THE PURCHASE OF MOTOR VEHICLE FUEL, AND APPROVING ENTERING INTO AN AGREEMENT WITH MANSFIELD

  
  

ITEMS REMOVED FROM THE CONSENT CALENDAR

5.5

University-Innovation District: Appropriate Funds for Development of a University-Innovation District Phase One Feasibility Study

City Manager Kachadoorian gave an overview of the item and responded to questions from the City Council.

The following members of the public spoke regarding the item:

• Alan C. 
• John Acosta, Chula Vista resident

• Moved by Councilmember Preciado
  Seconded by Councilmember Chavez

  To adopt Resolution No. 2024-051, the heading was read, text waived. The motion was carried by the following vote:

  Yes (4)

  Mayor McCann, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez

  Result, Carried (4 to 0)

  Item 5.5 heading:

  RESOLUTION NO. 2024-051 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FOR DEVELOPMENT OF A UNIVERSITY-INNOVATION DISTRICT PHASE ONE FEASIBILITY STUDY (4/5 VOTE REQUIRED)

  
  

6.

PUBLIC COMMENTS

robert johnson

ASK ABOUT THE FORMAL NOTICE OF NONCOMPLIENCE TWICE THIS MONTH.

robert johnson

a jtree is a file structure just like subpages are a structure like subdomains is structure to domains. YOUR has a .GOV so we the people own it not you the public servant. the LAW will not favor those who dont understand computers.

robert johnson

ill make it simple where does a domain take you ..? TO THE "HOMEPAGE"

robert johnson

YOUR OUR PUBLIC SERVANTS WE ARE THE BOSS.

robert

park and rec commision had the same question i did ... why arent they on the calendar.. STAFF said they would ask city clerk which they know is their job. ive asked. and others confirm their powers. of being able to add to calendar themselves.

robert

dont forget they printed me a calendar they knew wasnt listing all the Meetings. nore would they correct the calendar after i emailed them nor did they tell me parks and rec was on that day.. cause they know im AUDITING THEM.

EAT SHIZZ

VIDEO PART 2 https://rumble.com/v4kpciw-chula-vista-live-data-cvld-3.21.24-audit-cal-jdata-live.html

cant require

then they had me come back 3 hrs later to pay 1.20 for 3 pages. of a calendar the should be at least posted on the board out side incase the system fails.. yet nothing. you claim to be in charge but right now im here to show the lack of services and the need to get things in order or we will find the person to fire the city manager for mismanagement of our city she makes 300++ thousand dollar to forget about basic brown act violations and not check the website "if your going to refer people to it.. why am i fixxing it.

robert johnson

so i went in to get some services. like check the calendar on the "machines" we pay for and the agenda wasnt on the system seemed to work just no calendar no events would show here i made a video about the lack of services the city has and the idea that i have to foia a general public calendar and was never offered a computer till i asked about it. https://rumble.com/v4kxhit-chula-vista-live-data-audit-cali-part-1-3.21.24-jdata-clip13.html the city staff needs to be open the window was closed and looked like no one was there. imagine being told your required to do something then the next min it was optional. the lack of training show to the rights we have and the laws that should be followed. please watch the video.

Robert Johnson

the city has many flaws.. like where is the homepage? define it.. cause you seem to think every page is a homepage.. you have 30 days to fix it or LAWSUITS. for all parties.

Alan C. spoke regarding various topics. 

Joseph Raso, Chula Vista resident, spoke in opposition to the Tenant Protection Ordinance. 

John Acosta, Chula Vista resident, spoke regarding cannabis permitting and various other topics.

Carol Leromnimon, representing LAFCO, spoke regarding a recent decision to add the Port of San Diego to the LAFCO registry as an independent Special District.

John Fischer, Chula Vista resident,  thanked staff for their efforts related to securing funding for fencing along Industrial Blvd.

The following members of the public spoke regarding the condition of soccer fields at City parks:

• Hector Diaz
• Benito Delgado
• Ryan Marquez
• Vince Ortiz

Sharmane Estolanno, Chula Vista resident, expressed interest in the District 4 vacancy. 

Robert Johnson submitted written comments.

The meeting was recessed at 5:58 p.m. and resumed at 6:04 p.m.

7.

ACTION ITEMS

7.1

Ratification of Temporary Appointment: City Manager’s Appointment of the Interim Director of Parks and Recreation - CalPERS Retiree Lisa Rudloff

Robert Johnson

is there a reason only women are getting positions// seems like the girls dont want the boys around// alot of the women claim to know the law yet here we are.. their sex is the only thing getting people promoted. why would we hire a out of towner .. when we have employed locals.

Deputy City Manager Chase spoke regarding the item.

John Acosta, Chula Vista resident, spoke in opposition to the item.

Robert Johnson submitted written comments in opposition to the item. 

• Moved by Mayor McCann
  Seconded by Deputy Mayor Gonzalez

  To adopt Resolution No. 2024-052, the heading was read, text waived. The motion was carried by the following vote:

  Yes (4)

  Mayor McCann, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez

  Result, Carried (4 to 0)

  Item 7.1 heading:

  RESOLUTION NO. 2024-052 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE NECESSITY OF TEMPORARILY APPOINTING CALPERS RETIREE LISA RUDLOFF, PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h) 

  
  

8.

PUBLIC COMMENTS (CONTINUED)

robert johnson

yep im here too... Staff needs to be held to account. AND YOU ShOULD QUIT IF YOUR GOING TO DO NOTHING ABOUT THE CITY MANAGERs MANAGING.

There were none.

9.

CITY MANAGER’S REPORTS

There were none.

10.

MAYOR’S REPORTS

Mayor McCann reported on attendance at recent events and made community announcements.

11.

COUNCILMEMBERS’ COMMENTS

Councilmembers reported on attendance at recent events and made community announcements.

At the request of Deputy Mayor Gonzalez, there was a consensus of the City Council to direct City Clerk staff to review the process for requesting to speak and its impact on the order of speakers. 

At the request of Councilmember Chavez, there was a consensus of the City Council to add a discussion regarding  AB2783 relating to transparency and accountability in Port governance to the next regularly scheduled City Council meeting. 

Councilmember Chavez gave a SANDAG report concerning the toll road.

12.

CITY CLERK'S REPORTS

12.1

City Council Vacancy: Determine a Date and Time to Conduct the Interviews of Applicants for Potential Appointment to the Vacant District 4 Council Seat, and Take Possible Action Regarding Interview Procedures

City Clerk Bigelow gave a presentation.

Alan C. spoke in support of the D4 appointee representing the needs of the District 4community.

John Acosta, Chula Vista resident, spoke in opposition to applicant Nicolas Segura Jr. 

The following members of the public spoke in support of the District 4 seat remaining vacant and, if appointed, that the individual represent the needs of the D4 community:

• Delia Dominguez Cervantes, Chula Vista resident
• Cheryl P., Chula Vista resident

There was a consensus of the City Council to hold a special City Council meeting on April 4, 2024, at 4 p.m. to interview all eight qualified candidates and determine the interview questions; to set the interview time at 10 minutes to include a three-minute introduction, one question from each City Councilmember and a one-minute closing; and to approve the appointment procedure as follows: Each City Councilmember would have an opportunity to make a motion and request a second in the pre-determined seniority order of Mayor McCann, Deputy Mayor Gonzalez, Councilmember Chavez, and Councilmember Preciado. The four initial nominations would be held without action until each City Councilmember had the opportunity to nominate one finalist. Following the initial four nominations, the City Council would vote upon nominations. The process would be repeated if necessary, and the first affirmative vote of three Councilmembers would result in an appointment being made.

13.

CITY ATTORNEY'S REPORTS

There were none.

14.

CLOSED SESSION

Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney maintains official minutes and records of action taken during closed session.

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

Mayor McCann recessed the meeting at 6:54 p.m. The City Council convened in closed session at 7:04 p.m., with all members present.

14.1

Conference with Labor Negotiators Pursuant to Government Code Section 54957.6

Alan C. spoke in opposition to closed-session discussions. 

• Agency designated representatives: Maria Kachadoorian, Jill Maland, Courtney Chase, and Tanya Tomlinson

  Employee organization: EXEC and SM

  Action: No Reportable Action

  
  

14.2

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

• 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: Item not discussed.

  
  

15.

ADJOURNMENT

The meeting was adjourned at 7:39 p.m.

Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services