City of Chula Vista

Regular City Council Meeting

MINUTES

Meeting #:

Date:

Tuesday, October 01, 2024 at 5:00 P.m. - 6:00 P.m.

Location:

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

Present:

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

Also Present:

• City Manager Kachadoorian, 
• City Attorney Verdugo, 
• 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 5:00 p.m. 

2.

ROLL CALL

City Clerk Bigelow called the roll.

3.

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

Led by the Scouts Troop 800.

4.

SPECIAL ORDERS OF THE DAY

4.1

Oath of Office

Item was not presented. 

4.2

Presentation by Veterans Elementary School Regarding the 17th Annual Honor Our Veterans Parade

Principal of Veterans Elementary School Gregg, Associate Principal Diaz, and Lieutenant Commander Martinez gave a presentation on the item.

5.

CONSENT CALENDAR (Items 5.1 through 5.7)

The following members of the public spoke regarding items on the consent calendar:

• Alan C.
• John Acosta, Chula Vista resident
• Robert
• Sandra H.
• Ansermio Estrada

• Moved by Mayor McCann
  Seconded by Deputy Mayor Gonzalez

  To approve the recommended actions appearing below consent calendar Items 5.1 through 5.7. The headings were read, text waived. The motion was carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

5.1

Approve Meeting Minutes

• Approval of the minutes dated September 17, 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

Consider Requests for Excused Absences

• Approval of an excused absence request from Councilmember Morineau for the September 10, 2024 City Council meeting.

  
  

5.4

Unsheltered Policy: Adopt an Ordinance to Restrict Campsites and Sitting, Lying, Sleeping, or Storage on Specified Public Property

Sebastian Martinez

A ban on the unhoused in cruel but more importantly does not address the unhoused crisis in Chula Vista. All it does is exasperate it and make it more difficult for service providers to connect with the unhoused in need. The majority of this ban is simply reaffirming failed policy Chula Vista already does. Additionally it no way addresses the leading cause of the unhoused in Chula Vista which is Jon loss.

• Adopt an ordinance as amended to increase references to buffers from 500 feet to 1,000 feet surrounding public and private schools, City parks, emergency/transitional housing facilities, and major transit stops. (Second Reading and Adoption)

  Item 5.4 heading:

  ORDINANCE NO. 3579 OF THE CITY OF CHULA VISTA ADDING DIVISION XII, PRESERVATION OF PUBLIC PROPERTY, AND CHAPTER 9.90, CAMPSITES AND OTHER OBSTRUCTIONS ON PUBLIC PROPERTY, TO THE CHULA VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION)

  
  

5.5

Conflict of Interest Code: Modify the List of Officials, Candidates, and Designated Employees Required to File Statements of Economic Interests (Form 700) and Their Disclosure Categories, and Amend the Conflict of Interest Code Under CVMC 2.02

• Adopt the following resolution and place the ordinance on first reading:

  A) Resolution modifying the appendix to the Conflict of Interest Code, which lists the officials, candidates, and designated employees who are required to file periodic Statements of Economic Interests (Form 700) and their disclosure categories, and

  B) Ordinance amending Chula Vista Municipal Code Chapter 2.02 relating to the Conflict of Interest Code (First Reading)

  Item 5.5 headings:

  A) RESOLUTION NO. 2024-187 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

  B) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.02 RELATING TO THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA (FIRST READING)

  
  

5.6

Agreements: Approve Amendments to Various Legal Services Agreements to Provide On-Call and Other Legal Services

• Adopt a resolution approving the amendments to the Legal Services Agreements with: 1) McDougal, Boehmer, Foley, Lyon, & Mitchell for a not-to-exceed amount of $150,000; and 2) Lounsbery Ferguson Altona & Peak for a not-to-exceed amount of $360,000.

  Item 5.6 heading:

  RESOLUTION NO. 2024-188 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE LEGAL SERVICES AGREEMENTS FOR ON-CALL AND OTHER LEGAL SERVICES BETWEEN CITY AND MCDOUGAL LOVE BOEHMER FOLEY LYON & MITCHELL AND CITY AND LOUNSBERY FERGUSON ALTONA & PEAK LLP

  
  

5.7

Grant Award and Appropriation: Accept Grant Funds from the California Office of Traffic Safety for the Selective Traffic Enforcement Program and Amend the Fiscal Year 2024-25 Budget to Appropriate Funds Therefor

• Adopt a resolution approving a grant agreement between the City and California Office of Traffic Safety, accepting $645,000 in grant funds for the Selective Traffic Enforcement Program, and appropriating $486,478 to the Police Grants Section of the Federal Grants Fund. (4/5 Vote Required)

  Item 5.7 heading:

  RESOLUTION NO. 2024-189 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT AGREEMENT BETWEEN THE CITY AND CALIFORNIA OFFICE OF TRAFFIC SAFETY, ACCEPTING GRANT FUNDS FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

6.

PUBLIC COMMENTS

Alan C. spoke in opposition to increasing taxes. 

John Acosta, Chula Vista resident, spoke regarding various topics.

Robert spoke regarding access to City buildings and other various topics.

The following members of the public spoke regarding political signs in the City:

• Sharmane Estolano, Chula Vista resident
• Cheryl

The following members of the public spoke regarding illegal goats on private property. 

• Jarod Kernozek, Chula Vista resident
• Scott Dufresne, Chula Vista resident

Viva O Faer spoke regarding the horse arena at Rohr Park. 

Silvia Irigoyen-Adamen spoke regarding detox procedures. 

7.

PUBLIC HEARINGS

7.1

Proposed Vacation: Approve the Vacation of a Portion of Unnamed Street/Alley of Rosebank Subdivision, Adjacent to 130 First Avenue

Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice.

Principal Civil Engineer Campos gave a presentation on the item.

Mayor McCann opened the public hearing.

Alan C spoke in opposition to the item. 

There being no further members of the public who wished to speak, Mayor McCann closed the public hearing.

• Moved by Councilmember Preciado
  Seconded by Mayor McCann

  To adopt Resolution No. 2024-190, the heading was read, text waived. The motion was carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

  Item 7.1 heading:

  RESOLUTION NO. 2024-190 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF A PORTION OF UNNAMED STREET/ALLEY OF THE ROSEBANK SUBDIVISION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA

  The meeting was recessed at 6:04 p.m. and resumed at 6:23 p.m.

  
  

8.

ACTION ITEMS

8.1

Consider Items Removed From the Consent Calendar, if Any

There were none.

8.2

Measure G: Consider Taking a Position on Initiative Measure G, "Fund San Diego County Transportation, Infrastructure, and Safety Projects Through a Half-Cent Sales Tax"

Anna

STOP G! SUPPORT YOUR COMMUNITY! STOP SANDBAGGING YOUR OWN COMMUNITY.

Paula Whitsell

The citizens of Chula Vista cannot afford another tax. The financial burden is overwhelming. To to add another tax through Measure G increases the weight of taxes on our day-to-day cost of living. Enough is enough! NO to Measure G!

Gina E.

Do NOT give any money to Sandag. You need to support your constituents, NOT Sandag.

Mary Davis

This item is a political litmus test to see if you prioritize your constituents over your political party. The region is among the most expensive in the nation, and CV residents face a toll burden from SANDAG that other county residents do not. Do NOT support an additional tax burden on Chula Vista residents. NO on this Resolution, and NO on Measure G!

Delia Dominguez Cervantes

You do NOT represent our community if you support this Measure G, which would burden us w/more taxing. To quote REFORM CALIFORNIA: "Measure G is a massive county-wide tax increase that will cost you hundreds per year and increase your total sales tax burden to 8-10% on your purchases! Politicians say Measure G will fund “roads” — but SANDAG’s own budget and fiscal forecast proves these claims to be false. In fact, Measure G does NOT require politicians to spend the new sales tax on roads! Worse, Measure G bans fair and open bidding on contracts awarded with these tax funds through project labor agreements (PLAs) which discriminate against small, minority-owned, veteran-owned, non-union companies. That’s why Measure G is being bankrolled by special interests who will get these contracts. A NO vote blocks these backroom deals and shields you from a costly and unnecessary tax hike."

Alan C

NO TO SANDAG Measure G. The ballot will lie claim for roads when funding will be used to CONVERT 4 LANES 805 INTO MANAGED LANE TOLL ROAD! "Solo drivers will also be able to pay a per trip fee to use the lanes. This Managed Lanes technique has been successfully used in the region, providing additional funds for transit service. This fully-completed project, estimated to cost $2.6 billion, will create a 27-mile Managed Lanes facility in the median of Interstate 805 (i-805) between State Route 905 (SR 905) and Interstate 5 (I-5). INTERSTATE 805 MANAGED LANES Four Managed Lanes (ML) " https://www.keepsandiegomoving.com/Documents/I805-Corridor/I-805-newsroom-FactSheetML-Jan06.pdf

The following members of the public spoke in support of the item:

• Ansermio Estrada, Chula Vista resident
• Victor Diaz, representing Union Carpenters Local 619
• William Hauck, representing Union Carpenters Local 619
• Brigette Browning, Chula Vista resident

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

• Alan C.
• John Acosta, Chula Vista resident
• Rob
• Cheryl
• Sandra Hodge, Chula Vista resident

The following members of the public submitted written comments in opposition to the item:

• Anna 
• Paula Whitsell
• Gina E. 
• Mary Davis
• Delia Dominguez Cervantes
• Alan C. 

• Moved by Councilmember Preciado
  Seconded by Councilmember Chavez

  To take a support position on Initiative Measure G, "Fund San Diego County Transportation, Infrastructure, and Safety Through a Half-Cent Sales Tax."

  Yes (4)	Councilmember Chavez, Councilmember Preciado, Deputy Mayor Gonzalez, and Councilmember Morineau
  No (1)	Mayor McCann

  Result, Carried (4 to 1)

9.

PUBLIC COMMENTS (CONTINUED)

There were none.

10.

CITY MANAGER’S REPORTS

City Manager Kachadoorian provided an update on Fire Chief Muns' recent mutual aid efforts.

11.

MAYOR’S REPORTS

There were none.

12.

COUNCILMEMBERS’ REPORTS

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

Councilmember Chavez provided an update on the recent SANDAG board meeting regarding SR 125.

12.1

Deputy Mayor Gonzalez:

Consider Forming a City Council Subcommittee on Economic Development

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

• Alan C. 
• John Acosta, Chula Vista resident

• Moved by Deputy Mayor Gonzalez
  Seconded by Councilmember Chavez

  To form a subcommittee on Economic Development consisting of Councilmember Chavez and Deputy Mayor Gonzalez.

  Yes (5)

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

  Result, Carried (5 to 0)

13.

CITY CLERK'S REPORTS

There were none. 

14.

CITY ATTORNEY'S REPORTS

There were none.

 

15.

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.

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

Mayor McCann recessed the meeting at 7:28 p.m. The City Council convened in closed session at 7:36 p.m., with all members present.

15.1

Conference with Labor Negotiators Pursuant to Government Code Section 54957.6

Alan C. spoke regarding public participation at closed session meetings.

• Agency designated representatives: Maria Kachadoorian, Courtney Chase, Sarah Schoen, Tanya Tomlinson, and Marco Verdugo
  
  Employee organization/Unrepresented Employee(s): IAFF, MM/PR, MMUC, MMCF, PRUC, PRCF, WCE, CITY MANAGER, EXEC

  Action: No Reportable Action

  
  

16.

ADJOURNMENT

Mayor McCann adjourned the meeting in memory of San Diego Police Officer Austin Machitar,

The meeting was adjourned at 8:42 p.m.

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