City of Chula Vista

Regular Meeting of the City Council

Meeting Minutes

Tuesday, December 20, 2022 at 5:00 P.m. - 6:00 P.m.

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

Present:

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

Also Present:

• City Manager Kachadoorian, 
• City Attorney Googins, 
• and City Clerk Bigelow 

Others Present

• City Clerk Analyst Hernandez

   

The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting.

The agenda items were considered in the order presented.

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1.

CALL TO ORDER

A regular meeting of the City Council of the City of Chula Vista was called to order at 5:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.

2.

ROLL CALL

City Clerk Bigelow called the roll.

3.

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

Councilmember Preciado led the Pledge of Allegiance.

4.

CONSENT CALENDAR (Items 4.1 through 4.7)

City Clerk Bigelow announced that Item 4.5 would be continued to a future date. 

• Moved by Mayor McCann
  Seconded by Deputy Mayor Cardenas

  To approve the recommended actions appearing below consent calendar Items 4.1 through 4.4 and Items 4.6 through 4.7.  The headings were read, text waived. The motion carried by the following vote:

  Yes (4)

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

  Result, Carried (4 to 0)

4.1

Approval of Meeting Minutes

• Approve the minutes dated: December 13, 2022

4.2

Waive Reading of Text of Resolutions and Ordinances

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

4.3

Consideration of Request for Excused Absences

• Consider requests for excused absences as appropriate. No requests were received at that meeting.

4.4

Employee Compensation and Positions: Adopt an Ordinance Adding an Unclassified Position Title (Second Reading)

• Adopt an ordinance adding the Unclassified Position Title, Information Technology Project Manager. (Second Reading and Adoption) (4/5 Vote Required)

  Item 4.4 heading:

  ORDINANCE NO. 3540 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF INFORMATION TECHNOLOGY PROJECT MANAGER. (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED)

  
  

4.6

City Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2023 

• Adopt a resolution accepting the 2023 Local Appointments List for board, commission, and committee terms expiring in calendar year 2023.

  Item 4.6 heading:

  RESOLUTION NO. 2022-278 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2023 LOCAL APPOINTMENTS LIST FOR BOARD, COMMISSION, AND COMMITTEE TERMS EXPIRING IN CALENDAR YEAR 2023

  
  

4.7

Annual Report: Fiscal Year 2021/22 Development Impact Fees, the Parkland Acquisition and Development Fee, Trunk Sewer Capital Reserve Funds, and Five-Year Findings for Unexpended Development Impact Fees 

• Accept the Annual Development Impact Fees Report and adopt resolutions: A) Poggi Canyon Sewer, Otay Ranch Villages 1, 2, 5 & 6 and Otay Ranch Village 11 Pedestrian Bridge Development Impact Fees collected and remaining unexpended for five or more years; B) Eastern Transportation Development Impact Fees collected and remaining unexpended for five or more years; and C) Telegraph Canyon Drainage Development Impact Fees collected and remaining unexpended for five or more years.

  Item 4.7 heading:

  A) RESOLUTION NO. 2022- 279 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (POGGI CANYON SEWER DEVELOPMENT IMPACT FEE; OTAY RANCH VILLAGES 1, 2, 5, & 6 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE; AND OTAY RANCH VILLAGE 11 DEVELOPMENT IMPACT FEE)

  B) RESOLUTION NO. 2022-280 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (EASTERN TRANSPORTATION DEVELOPMENT IMPACT FEE)

  C) RESOLUTION NO. 2022-281 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (TELEGRAPH CANYON DRAINAGE DEVELOPMENT IMPACT FEE)

   

  
  

ITEM REMOVED FROM THE CONSENT CALENDAR

4.5

Housing Funding: Approve the Housing and Urban Development (HUD) 2022/23 Annual Action Plan First Amendment for the Federal Block Grant Programs and Appropriate Funds

Item was continued to a future date. 

5.

PUBLIC COMMENTS

Joseph Raso, Chula Vista resident, distributed written communications and spoke regarding the residential landlord tenant ordinance.

Tim Aufmuth, Chula Vista resident, spoke regarding his experience on the Commission on Aging. 

John Acosta, Chula Vista resident, expressed concern regarding services for veterans. 

6.

ACTION ITEMS

6.1

Employee Compensation: Approve the Revised Compensation Schedules that Reflect Elected Officials’ Salaries Pursuant to the City Charter and Appropriate Funds

Human Resources Director Chase announced that approval of the item would affect executive compensation and spoke briefly about the item.

• Moved by Councilmember Preciado
  Seconded by Councilmember Chavez

  To adopt Resolution Nos. 2022-282 through 2022-284, headings read, text waived. The motion carried by the following vote:

  Yes (4)

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

  (4 to 0)

  Item 6.1 headings:

  A) RESOLUTION NO. 2022-282 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022/23 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 30, 2022, TO REFLECT THE ADJUSTED SALARIES FOR MAYOR, COUNCILMEMBER AND CITY ATTORNEY EFFECTIVE JULY 1, 2022, AND ITS INCLUSION IN THE REVISED COMPENSATION SCHEDULES EFFECTIVE JULY 1, 2022; AUGUST 12, 2022; OCTOBER 21, 2022; NOVEMBER 18, 2022; DECEMBER 16, 2022, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5

  B) RESOLUTION NO. 2022-283 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022/23 COMPENSATION SCHEDULE EFFECTIVE JANUARY 13, 2023, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5

  C) RESOLUTION NO. 2022-284 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2022/23 BUDGET FOR APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

6.2

Massage Regulation: Consider Repealing Chula Vista Municipal Code Chapter 5.36, Massage Parlors and Holistic Health Practitioners, and Replacing it with Chapter 5.36, Massage Regulation 

Police Captain Foxx gave a presentation on the item and responded to questions of the Council.

• Moved by Councilmember Preciado
  Seconded by Deputy Mayor Cardenas

  To place the above ordinance on first reading, heading read, text waived. The motion was carried by the following vote:

  Yes (4)

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

  Result, Carried (4 to 0)

  Item 6.2 heading:

  ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 5.36, MASSAGE PARLORS AND HOLISTIC HEALTH PRACTITIONER BUSINESS, AND REPLACING IT WITH CHAPTER 5.36, MASSAGE REGULATION (FIRST READING)

  
  

6.3

Declare Vacancies for District 3 City Councilmember and City Attorney Seats, Determine Whether to Fill District 3 Councilmember Vacancy by Appointment or by Calling a Special Election, Call a Special Election for City Attorney Vacancy, & Related Actions

Michael Gorski

The city will have to hold a special election anyway to fill the City Attorney's position. The vacancy for District 3 should be filled by special election as soon as possible. No appointment. Let the people from the District speakj!

Paula Whitsell

This vacancy should be filled by special election to be held asap. The constituents of Dist 3 are currently represented and they should have a say in who represents them on the City Council. There should be no delay in holding the special election.

Delia Dominguez Cervantes

Item: 6.3 Declare Vacancies for District 3 City Councilmember and City Attorney Seats -Good evening and congratulations to all the newly elected representatives of our city. As such, you have a great opportunity to confirm to the people of the City of Chula Vista that you are in fact committed to the voice of the people of Chula Vista. D3 voters need to have an opportunity to elect their own city council representative. We are already having a Special Election for our City Attorney. We hope VERY SOON. It makes sense to allow the voters of D3 to decide who represents D3. That cannot possibly be a controversial request or position. The people of the City of Chula Vista need their City Attorney election at the soonest possible time along with our D3 representative. ALL EYES are on Chula Vista …. Really ALL EYES …. Do you represent the residents of Chula Vista? Your actions today will confirm one way or another. Thank you for your consideration.

City Clerk Bigelow gave a presentation on the item and responded to questions from the Council. She announced that revised resolutions had been distributed to the City Council and that action on the resolutions would be with respect to the revised documents. 

Alan C. spoke in opposition to an all-mail ballot election.

The following members of the public spoke in support of calling a special election to fill the District 3 City Councilmember vacancy:

• Cheryl Perez, Chula Vista resident
• Daniel Rice, Chula Vista resident, and he also distributed written communications.
• Anna

Eli Komai spoke in support of calling a special election to fill the District 3 City Councilmember vacancy, holding the election using the Vote Center model, and holding the election in April 2023.

The following members of the public submitted written communications in support of calling a special election to fill the District 3 City Councilmember vacancy:

• Michael Gorski
• Paula Whitsell
• Delia Dominguez Cervantes

Council discussion ensued.

A majority of the Council spoke in support of filling the District 3 City Councilmember vacancy by appointment and holding the special election using the Vote Center model to fill the City Attorney vacancy on November 7, 2023.

City Clerk Analyst Hernandez spoke regarding the appointment process to fill the District 3 City Councilmember vacancy and solicited feedback from the City Council. 

There was a consensus of  the Council to require applicants to submit a completed application, a two-page resume, and a one-page biography as part of the initial application. The Council further directed that an economic disclosure form be submitted by individuals who were invited to interview.

• Moved by Councilmember Preciado
  Seconded by Deputy Mayor Cardenas

  To adopt Resolution No. 2022-285 heading read, text waived. The motion carried by the following vote:

  Yes (4)

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

  Result, Carried (4 to 0)

  Item 6.3 heading:

  RESOLUTION NO. 2022-285 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE VACANCY OF THE OFFICE OF DISTRICT 3 CITY COUNCILMEMBER AND DECLARING ITS INTENTION TO APPOINT A PERSON TO FILL THE VACANT SEAT.

  
  
• Moved by Mayor McCann
  Seconded by Councilmember Preciado

  To adopt Resolution No. 2022-286, and call the special election to be held on November 7, 2023, heading read, text waived. The motion carried by the following vote:

  Yes (4)

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

  Result, Carried (4 to 0)

  RESOLUTION NO. 2022-286 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE VACANCY OF THE CITY ATTORNEY; CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2023, FOR THE ELECTION OF A CITY ATTORNEY TO FILL THE VACANCY PURSUANT TO CHULA VISTA CHARTER SECTIONS 503(G) AND 303(C)(2); REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION; AND AUTHORIZING THE CITY CLERK OR HER DULY APPOINTED AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR THE ELECTION.

  
  
• Moved by Mayor McCann
  Seconded by Councilmember Preciado

  To adopt Resolution No. 2022-287, heading read, text waived. The motion carried by the following vote:

  Yes (4)

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

  Result, Carried (4 to 0)

  RESOLUTION NO. 2022-287 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 7, 2023.

  Mayor McCann recessed the meeting at 7:16 p.m. The Council reconvened at 7:29 p.m., with all members present.

  
  

7.

CITY MANAGER’S REPORTS

City Manager Kachadoorian spoke regarding upcoming projects and the future of the City.

8.

MAYOR’S REPORTS

Mayor McCann thanked City staff for their great efforts and extended holiday greetings. 

8.1

Appointment of Deputy Mayor

Mayor McCann thanked Councilmember Cardenas for serving as the Deputy Mayor.

• Moved by Mayor McCann
  Seconded by Deputy Mayor Cardenas

  To appoint Councilmember Preciado as Deputy Mayor beginning in 2023.  The motion carried by the following vote:

  Yes (4)

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

  Result, Carried (4 to 0)

8.2

Appointment of City Councilmembers to San Diego Association of Governments (SANDAG)  

Delia Dominguez Cervantes

Item 8.2 SANDAG Appointment Good Evening & again Congratulations to all elected officials. Mayor John McCann was elected by a city wide electorate.That tells us Mayor John McCann is the MAJORITY voice of the City of Chula Vista. On that note, it is important he represent us at SANDAG. Regardless of party affiliations we ALL know the people of Chula Vista do NOT support the mileage tax. The mileage tax negatively affects us all but hurts those already struggling from paycheck to paycheck even more. Surely the very union(s) who endorsed you all oppose it as well. Mayor McCann represents our City as a whole and is the only member of this council who representatives the entire City. He served on SANDAG as a Chula Vista representative in numerous of meetings, has experience and will bring a much needed balance to SANDAG. McCann has the will of South Bay interests and already knows many of the SANDAG representatives. The Chula Vista Mayor has historically always been the SANDAG representative. Not appointing Mayor McCann will be a putting politics over the needs of the people. Please be cognizant if the fact that ALL EYES are in Chula Vista. One of the Mayor platforms was opposing the Mileage Tax and opposing a new sales tax at SANDAG. Not appointing McCann to SANDAG will oppose the will of the voters. Please take note of the message you are sending the people of Chula Vista.

Michael Gorski

We, the voters supported John McCann for Mayor of Chula Vista because he has the needed experience. He is the only one one on the current council who has the experience to deal with SANDAG. SUPPORT our Mayor and appoint him to represent us at SANDAG!

Paula Whitsell

Traditionally, the Mayor of the City should represent the interest of the voters on SANDAG. John McCann should be the SANDAG representative for Chula Vista. The voters chose him because he is the only one who has the experience to deal with the complex issues of SANDAG and the horrendous vehicle mileage tax.

David Stucky

In my opinion, the Mayor of Chula Vista should be the City's designated member of the SANDAG Board of Directors. Regardless of political party affiliation (remember, municipal offices are technically non-partisan), the Mayor is the titular head of government in Chula Vista. It is only appropriate that, absent a compelling reason to the contrary, the Mayor should be the City's primary representative at the regional level.

The following individuals spoke in support of Mayor McCann being selected as the primary SANDAG representative:

• Alan Curry
• Daniel Rice
• Anna 
• Eli Komai

Gretchen Newsom, representing IBEW 569, spoke in support of Councilmember Cardenas or Chavez being selected as the primary SANDAG representative.

The following individuals submitted written communication in support of Mayor McCann being selected as the primary SANDAG representative:

• Delia Dominguez Cervantes
• Michael Gorski
• Paula Whitsell
• David Stucky

Mayor McCann expressed interest in serving as the primary representative for SANDAG.

Mayor McCann moved to appoint himself as the primary SANDAG representative, Councilmember Cardenas as the 1st Alternate on SANDAG, Councilmember Chavez as the 2nd Alternate on SANDAG and the Bayshore Bikeway Committee representative, and Councilmember Preciado as the Shoreline Preservation Working Group representative. The motion failed due to lack of second.

Mayor McCann made an alternate motion to appoint Councilmember Cardenas as the primary SANDAG representative, himself as the 1st Alternate on SANDAG; Councilmember Chavez as the 2nd Alternate on SANDAG and the Bayshore Bikeway Committee representative, and Councilmember Preciado as the Shoreline Preservation Working Group representative. The motion failed due to lack of second.

• Moved by Councilmember Preciado
  Seconded by Councilmember Chavez

  To appoint Councilmember Cardenas as the primary SANDAG representative, Councilmember Chavez as the 1st Alternate on SANDAG, and himself as the 2nd Alternate on SANDAG. The motion carried by the following vote:

   

  Yes (3)	Deputy Mayor Cardenas, Councilmember Chavez, and Councilmember Preciado
  No (1)	Mayor McCann

  Result, Carried (3 to 1)
• Moved by Mayor McCann
  Seconded by Councilmember Preciado

  To appoint Councilmember Cardenas as the SANDAG Bayshore Bikeway Committee member. The motion carried by the following vote:

  Yes (4)

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

  Result, Carried (4 to 0)
• Moved by Councilmember Preciado
  Seconded by Councilmember Chavez

  To appoint Mayor McCann as the SANDAG Shoreline Preservation Working Group member. The motion carried by the following vote:

  Yes (4)

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

  Result, Carried (4 to 0)

8.3

Solicit Input and Interest for Appointment of City Councilmembers to Outside Agencies

Eli Komai spoke in opposition to the Council having representatives on the International Council for Local Environmental Initiatives (ICLEI).

Council discussion ensued regarding Councilmembers’ interest in appointments to outside agencies

 

9.

COUNCILMEMBERS’ COMMENTS

Councilmember Cardenas thanked the Council for her appointment as the primary representative to SANDAG and extended holiday greetings. 

Councilmember Chavez thanked the public for their participation in the meeting and extended holiday greetings. 

Councilmember Preciado spoke regarding the future of the City and extended holiday greetings. 

10.

CITY ATTORNEY'S REPORTS

City Attorney Googins thanked staff, outside counsel, and the City Council for their work on the elected official vacancy item on this agenda. He also announced an upcoming AB1234 Ethics training.

11.

ADJOURNMENT

The meeting was adjourned at 8:30 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk