City of Chula Vista

Regular City Council Meeting

MINUTES

Tuesday, February 13, 2024 at 5:00 P.m. - 6:00 P.m.

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

Present:

• Councilmember Cardenas, 
• 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, 
• and Deputy Director of City Clerk Services Turner 

Others Present

• Audrey Malone

   

Minutes are prepared and ordered to correspond to the agenda.

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1.

CALL TO ORDER

The meeting was called to order a 5:09 p.m.

2.

ROLL CALL

Deputy Director of City Clerk Services Turner called the roll.

3.

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

Led by Councilmember Cardenas.

4.

SPECIAL ORDERS OF THE DAY

4.1

Presentation by Environmental Services Manager Manuel Medrano on the ProduceGood Program for Chula Vista Residents

Alexandra White, Mackenzie Anderson, and Jeri White, representing ProduceGood, gave a presentation on the item.

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

Courtney Cox, representing Leonardo da Vinci Health Sciences Charter School gave a presentation, and Deputy Mayor Gonzalez presented certificates of appreciation to her and other school staff.

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

Joe Garbanzos, representing AARP, recognized the City for completing the Communities Cycle of Improvement.

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

Mayor McCann read the proclamation and presented it to Valerie Magana and Collette Putnam for their heroism on January 22, 2024.

5.

CONSENT CALENDAR (Items 5.1 through 5.8)

Item 5.5 was removed from the consent calendar at the request of Councilmember Preciado.

John Acosta, Chula Vista resident, spoke regarding items 5.3, 5.5, and 5.8.

Alan C spoke regarding items 5.5, 5.6, and 5.8.

Mayor McCann stated he would abstain from voting on item 5.4 due to a potential property-related conflict of interest.

• Moved by Mayor McCann
  Seconded by Deputy Mayor Gonzalez

  To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3 and 5.5 through 5.8. The headings were read, text waived. The motion was carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

5.1

Approve Meeting Minutes

• Approval of the minutes dated: January 22, and January 23, 2024.

  
  

5.2

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.

  
  

5.3

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 

• 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 Reading and Adoption)

  Item 5.3 heading:

  ORDINANCE NO. 3563 OF THE CITY COUNCIL APPROVING AMENDMENTS TO POLICY DOCUMENTS AND THE CHULA VISTA MUNICIPAL CODE PERTAINING TO THE DISSOLUTION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION AND APPEAL PROCEDURES FOR DISCRETIONARY PLANNING APPLICATIONS, AND AMENDMENTS TO THE PUBLIC FACILITIES FINANCING PLAN GUIDELINES. (SECOND READING 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

Mayor McCann stated he would abstain from voting on the due to a potential property-related conflict of interest. 

• Moved by Mayor McCann
  Seconded by Deputy Mayor Gonzalez

  To adopt Resolution No. 2024-020, the heading was read, text waived. The motion was carried by the following vote:

  Yes (4)	Councilmember Cardenas, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez
  Abstain (1)	Mayor McCann

  Result, Carried (4 to 0)

  Item 5.4 heading:

  RESOLUTION NO. 2024-020 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY AND KTUA FOR DESIGN, PRE-CONSTRUCTION, AND CONSTRUCTION ADMINISTRATION SERVICES FOR EUCALYPTUS PARK RENOVATIONS

  
  

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

• 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)

  Item 5.6 heading:

  RESOLUTION NO. 2024-022 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED MEASURE A PUBLIC SAFETY EXPENDITURE PLAN TO FUND DRONE PROGRAM COSTS AND A RECRUITING CAMPAIGN FOR THE POLICE DEPARTMENT AND APPROPRIATING FUNDS THEREFOR (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

• 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.

  Item 5.7 heading:

  RESOLUTION NO. 2024-023 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY 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 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

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.

Paul Henkin submitted written comments in support of the item.

• 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.

  Item 5.8 heading:

  RESOLUTION NO. 2024-024 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARK AGREEMENT BETWEEN THE CITY AND CWC BROADWAY CV 256, LLC, TO DESIGN AND CONSTRUCT A 0.5-ACRE PUBLIC PARK ASSOCIATED WITH THE CHULA VISTA CENTER RESIDENTIAL DEVELOPMENT PROJECT

  
  

ITEMS REMOVED FROM CONSENT CALENDAR

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

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.

Housing and Homeless Services Director Kurz responded to questions from the City Council. 

The following members of the public spoke in opposition to the item:

• John Acosta, Chula Vista resident
• Alan C.
• Christine Brady, Chula Vista resident

John Fischer spoke in support of the item. 

Paul Henkin submitted written comments in support of the item.

• Moved by Mayor McCann
  Seconded by Councilmember Chavez

  To adopt Resolution No. 2024-021, the heading was read, text waived. The motion was carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

  Item 5.5 heading:

  RESOLUTION NO. 2024-021 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO CHULA VISTA MUNICIPAL CODE SECTION 2.56.070(B)(3) AND AUTHORIZING AND APPROPRIATING FUNDING FOR THE PURCHASE AND INSTALLATION OF FENCE ALONG THE EAST SIDE OF INDUSTRIAL BOULEVARD IN THE PALOMAR/HARBORSIDE AREA (4/5 VOTE REQUIRED)

  
  

6.

PUBLIC COMMENTS

John Acosta, Chula Vista resident, spoke regarding candidates for the upcoming election.

The following members of the public spoke regarding First Amendment rights:

• Alan C.
• Robert Johnson

Joseph Raso, Chula Vista resident, spoke regarding tenant protections. 

Carlos Rodriguez, Chula Vista resident, spoke regarding a potential City partnership with the Envision Broadway Revitalization Committee.

Sarah Ochoa, Chula Vista resident, expressed gratitude to the Mayor and City Council for their involvement in matters related to human health at the border and recent flooding. 

John Fischer spoke regarding fencing on Industrial Boulevard. 

Leticia Lares spoke regarding various matters. 

The meeting was recessed at 6:18 p.m. and resumed at 6:26 p.m.

Councilmember Cardenas joined the meeting at 4:45 PM.

Councilmember Chavez joined the meeting at 4:45 PM.

Deputy Mayor Gonzalez joined the meeting at 4:45 PM.

Councilmember Preciado joined the meeting at 4:45 PM.

Mayor McCann joined the meeting at 4:45 PM.

City Manager Kachadoorian joined the meeting at 4:45 PM.

Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney joined the meeting at 4:45 PM.

Deputy Director of City Clerk Services Turner joined the meeting at 4:45 PM.

7.

ACTION ITEMS

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

Finance Director Schoen gave a presentation and responded to questions from the City Council. 

Alan C. spoke in opposition to the item. 

• Moved by Mayor McCann
  Seconded by Councilmember Chavez

  To adopt Resolution No. 2024-025, the heading was read, text waived. The motion was carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

  Item 7.1 heading:

  RESOLUTION NO. 2024-025 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE AUDITED ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR FISCAL YEAR ENDING JUNE 30, 2023

  
  

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.

Mayor McCann announced that the item was pulled by a member of staff.

7.3

Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Position Counts; Revised Compensation Schedule; and Updated Conflict of Interest Code

Assistant Human Resources Director Tomlinson announced that approval of the item would affect executive compensation.

The following members of the public spoke in opposition to the item:

• Alan C.
• John Acosta, Chula Vista resident

• Moved by Mayor McCann
  Seconded by Deputy Mayor Gonzalez

  To adopt Resolution Nos. 2024-026 through 2024-029, the headings were read, text waived. The motion was carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

  Item 7.3 headings:

  A) RESOLUTION NO. 2024-026 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CLASSIFICATION PLAN AND COMPENSATION SCHEDULE TO (1) REFLECT THE ADDITION AND DELETION OF POSITION TITLES AND (2) SALARY ADJUSTMENTS FOR CERTAIN CLASSIFICATIONS AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS

  B)  RESOLUTION NO. 2024-027 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023-24 COMPENSATION SCHEDULE EFFECTIVE FEBRUARY 9, 2024, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5

  C) RESOLUTION NO. 2024-028 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023/24 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  D) RESOLUTION NO. 2024-029 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AMEND THE LIST OF DESIGNATED FILERS, AND ASSOCIATED DISCLOSURE CATEGORIES

  ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLES OF ASSISTANT DIRECTOR OF PARKS AND RECREATION, 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

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.

Special Projects Manager Hernandez gave a presentation.

The following members of the public spoke in opposition to the item:

• Alan C.
• John Acosta, Chula Vista resident

Paul Henkin submitted written comments in support of the item.

• Moved by Councilmember Preciado
  Seconded by Mayor McCann

  To adopt Resolution No. 2024-030, as amended, to edit legislative priority No. 3 to focus on  improvements to all westside parks, the heading was read, text waived. The motion was carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

  Item 7.4 heading:

  RESOLUTION NO. 2024-030 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE 2023-2024 LEGISLATIVE PLATFORM

  
  

8.

PUBLIC COMMENTS (CONTINUED)

There were no additional public speakers. 

9.

CITY MANAGER’S REPORTS

There were none. 

9.1

Council Referral: Response on SR 125 Toll Road Briefing Request

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.

Andre Douzdijian, representing SANDAG gave a presentation and responded to questions from the City Council.

The following members of the public spoke regarding the item:

• Alan C. 
• S. Hodge, Chula Vista resident

Paul Henkin submitted written comments in opposition to the item.

10.

MAYOR’S REPORTS

Mayor McCann extended holiday greetings.

10.1

Appointment to the Sustainability Commission

• Moved by Mayor McCann
  Seconded by Councilmember Cardenas

  To approve the above appointment of Abigail Costello to the Sustainability Commission.

  Yes (5)

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

  Result, Carried (5 to 0)

11.

COUNCILMEMBERS’ COMMENTS

Deputy Mayor Gonzalez and Councilmember Chavez provided updates from the recent Metropolitan Transit Board meeting.

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

At the request of Councilmember Preciado, there was a consensus of the City Council to direct staff to add an item regarding the Human Relations Commission ordinance to a future City Council meeting.

At the request of Mayor McCann, there was a consensus of the City Council to direct staff to add an item regarding City sponsorship for the Day of the Child to a future City Council meeting.

12.

CITY CLERK'S REPORTS

There were none.

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 not convene in closed session to discuss the items listed below.

 

14.1

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

Item was not heard.  Closed Session was canceled. 

15.

ADJOURNMENT

The meeting was adjourned at 9:16 p.m.

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