City of Chula Vista

Regular City Council Meeting

MINUTES

Meeting #:

Date:

Tuesday, September 10, 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 Preciado, 
• and Mayor McCann 

Absent:

• Councilmember Morineau 

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 5:01 p.m.

2.

ROLL CALL

City Clerk Bigelow called the roll.

3.

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

Led by Deputy Mayor Gonzalez.

Mayor McCann called for a moment of silence for fallen San Diego Police Officer Austin Machitar and officer Zach Martinez, who was injured in the same incident.

4.

SPECIAL ORDERS OF THE DAY

4.1

Oath of Office

Charles Sanfilippo - Planning Commission

City Clerk Bigelow administered the oath of office, and Councilmember Chavez presented the certificate of appointment.

4.2

Chula Vista Bayfront Update by Port Commissioner Ann Moore

Port Commissioner Moore gave a presentation on the item.

4.3

Presentation of a Proclamation Proclaiming September 10, 2024 as San Diego County Teacher of the Year, Ms. Ekstein Day in the City of Chula Vista

The proclamation was presented.

4.4

Presentation of a Proclamation to Celebrate Scripps Health for 100 Years of Caring

The proclamation was presented. 

5.

CONSENT CALENDAR (Items 5.1 through 5.5)

John Acosta, Chula Vista resident, spoke regarding various topics related to the consent calendar.

• Moved by Councilmember Preciado
  Seconded by Deputy Mayor Gonzalez

  To approve the recommended actions appearing below consent calendar Items 5.1 through 5.5. 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

Approve Meeting Minutes

• Approval of the minutes dated: August 13, 2024, August 20, 2024 4:00 PM, and August 20, 2024 4:15 PM.

  
  

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

Human Relations Commission: Adopt an Ordinance to Amend Chula Vista Municipal Code Chapter 2.36 “Human Relations Commission” Related to the Functions, Duties, and Membership of the Commission

• Adopt an ordinance amending various sections in Chapter 2.36 of the Chula Vista Municipal Code “Human Relations Commission” to amend the functions and duties of the Commission and processes by which Commissioners are nominated and appointed. (SECOND READING AND ADOPTION)

  ITEM 5.3 HEADING:

  ORDINANCE NO. 3578 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.36 RELATED TO THE FUNCTIONS, DUTIES, AND MEMBERSHIP OF THE HUMAN RELATIONS COMMISSION (SECOND READING AND ADOPTION)

  
  

5.4

Agreement: Approve an Agreement with T.Y. LIN International to Provide Construction Management Services Related to the Heritage Bridge Replacement and Main Street Widening Projects

• Adopt a resolution approving a consultant services agreement with T.Y. LIN International to perform Construction Management Services for Federal Project BRLS-5203(039): City projects Heritage Bridge Replacement (STM0386) and Main Street Widening (STM0388).

  ITEM 5.4 HEADING:

  RESOLUTION NO. 2024-179 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND TYLIN INTERNATIONAL TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE HERITAGE BRIDGE REPLACEMENT AND MAIN STREET WIDENING PROJECTS

  
  

5.5

Housing Funding: Amending Resolution No. 2024-119 to Restructure Loan Commitment to Project Located at 610 Paseo Del Rey

• Adopt a resolution amending Resolution No. 2024-119 to restructure an affordable housing loan commitment of $3,300,000 to Wakeland Housing and Development Corporation (“Wakeland”) to allow up to $500,000 in funds to also be used for pre-development purposes, in order to meet disbursement deadlines imposed by the U.S. Department of Housing and Urban Development (“HUD”). (4/5 Vote Required)

  ITEM 5.5 HEADING:

  RESOLUTION NO. 2024-180 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 2024-119 TO RESTRUCTURE A LOAN COMMITMENT TO WAKELAND HOUSING AND DEVELOPMENT CORPORATION, OR AN AFFILIATED ENTITY, FOR AN AFFORDABLE PROJECT TO BE LOCATED AT 610 PASEO DEL REY, TO ALLOW A PORTION OF FUNDS TO BE USED FOR PRE-DEVELOPMENT COSTS, AND MAKING OTHER CHANGES RELATED THERETO (4/5 VOTE REQUIRED)

  
  

6.

PUBLIC COMMENTS

Khawla Masoud

Camping bans criminalize houselessness. This is not an effective way to address the very real problem we have in this city. Unhoused people deserve a safe place to live wherever they are. Do not punish the already marginalized and disenfranchised populations of this city.

Sebastian Martinez

I strongly oppose the passing of an Encampment Restriction Ordinance for the following reasons. 1) The majority of the proposed ordinance is already in effect proving that it will not adequately address homelessness is any meaningful way. 2) Being unhoused is fundamentally an issue of poverty and this ordinance does not address (according the city’s own reports) the leading cause of homelessness - job loss. Criminalization, which is what this is, is reflective of our values or lack there of if the ordinance is passed.

Isabella Rios

I am strongly opposed to this act that criminalizes our unhoused neighbors. Most people are just one pay check away from losing stable housing. Instead, we must address the root causes of housing instability: lack of affordable housing, low wages, and the increasing cost of living.

Caroline Hallman

Please don’t further criminalize homelessness. Let’s come together as a county and solve this in a humane way. There have been several successful pilot programs of universal basic income or housing first around the country. Look at Denver for one example of how housing the homeless has been successful! Please don’t criminalize poverty more than it already is. These are very poor people, many of them of ill health. Banning camping is cruel. My unhoused neighbors are human beings!!

Aubriel D

I am opposing camp ordinance as the 500 + houseless people do not have a set home to moved into as you would be forcibly displacing them for the utmost time. With no plan of longevity in place, I don’t see how my tax dollars that go towards the state will be beneficial to this project of destruction.

Robert Werner

Where do we all agree? We face a crisis of poverty in our community. It directly affects all of us- the housed, the unhoused, and the housing insecure. The status quo is unsustainable. Too much money has been spent on unproductive solutions. The crisis is complicated and worsening. We all want those suffering to experience relief and stability. Can we come together within these premises? From this place of solidarity, I ask for us to look at a crucial fork in the road on our path to addressing this crisis. Our city's housing dept. website, contains several instances where a distinction is made between "the unsheltered" and "community members." The implication is that one is a problem the other must deal with. Choosing this path, we cease to see our unsheltered brothers and sisters as community members. We relinquish responsibility, as we dehumanize those who are most in need. It is of this path that this ban is born. To criminalize poverty is to barricade our community into exclusivity, where those who fall victim to the most extreme trauma, mental illness and even plain old bad luck are ineligible for membership. This ban does not clean our streets. It simply sanitizes the stain of abdicating our duty to face our suffering neighbors directly, and meet them where they're at. There are better solutions, looming in our collective empathy and courage. But they'll only be found on the path where all are embraced as respected members of the community, and are treated as such.

Patricia

This act only worsens the issue. We have to get to the root causes of homelessness.

Alex frezer

Hello, I strongly oppose this camping ban as it directly, negatively impacts our houseless neighbors. This is an violent act towards a group of folks who need our immediate support. This ban can lead to valuables being stolen, bodily harm being done, and also lead to death. With the lack of city support in general, this camping ban will just make conditions worse and lead to folks being even further away from stability and finding housing. Please do not let this pass. Thank you.

Celia Cruz-Elmassian, LCSW

Camping bans are not an effective method of fighting homelessness. This puts people’s lives in danger. Housing first has been proven to work, as seen in Denver, CO. NO to camping bans

Tiffany Avila

Encampment bans do not solve or help the issue on homelessness. it leads to deadly situations for our unhoused neighbors including loosing their belongings and worsened conditions for people with disabilities. ‘Camping Ordinance’ is not a solution.

Nate Bartley

As a Chula Vista citizen, Camping bans and restriction ordinances are not satisfactory ways to address homelessness. especially as we are entering one for the hottest months this year. Camping ordinances lead to theft of property, injury, and death.

Isabella Martinez

To criminalize a population you are not helping or serving is wrong. As someone who has worked in the unsheltered space in this city for years. I know that those pallet shelters are not being used and the money meant to help these folks is lining your pockets instead. Criminalizing poverty will be stain on this city which quite frankly makes me ashamed to have grown up here. If this is the direction we’re moving, I hope you never befall, trauma, or a bad financial situation, and end up on the street. Because guess what, it’s more likely than not for most people in our city. It may not be for you while you’re sitting in your comfy chairs in your air-conditioning in the city Council meeting, but block over or right across the street people are suffering and you want to arrest them for it. Please make the correct decision and don’t criminalize poverty. Have a heart.

Karen Clay

Moving the "problem" from one budget area to another is not going to solve this problem. You can do better than this and actually find a win-win solution for all if you want to.

Rosa Vasquez

On Tuesday, September 10th, our city will transition from compassion to criminalization of individuals living in poverty. The city will vote to pass new policies that make it illegal to sit, stand or sleep on city property targeting unsheltered individuals. This decision, being made due to the homeless industrial complex now institutionalized in our county and city, will change the very fabric of our community. Some day someone you love, know or care about may suffer trauma or a "lifequake" that takes them out. Loss of a loved one, loss of a marriage, Domestic Violence, loss of employment, loss of health, a mental/ medical trauma crisis... all of the above. They may end up housing insecure, street bound, rough sleeping, couch surfing, car dwelling or self-medicating. All very real situations. This level of poverty is rarely a choice. On Tuesday, your HOT TEAM will share that there is help, that this level of trauma is a choice. They will share that it should be unacceptable for a senior in poverty and trauma to sit, sleep or stand where any of us might see them. Lack of affordable housing is the root cause of seniors ending up unsheltered. They say, after millions of dollars, that there is help, just waiting for those who need it. If that's the truth, after building the dream team of help, our CV unsheltered population continues to grow with staggering numbers in our senior population.

Resident

Would like the City Manager’s Office to address why it knew about Cardenas’s fraud but did nothing. We recently learned Cardenas earned one day of jail and community service for her misdeeds. We see that most of Council was connected to the Cardenas siblings and they are untrustworthy—what a corrupt city.

Joseph Raso, Chula Vista resident, spoke regarding homelessness and the Tenant Protection Ordinance.

John Acosta, Chula Vista resident, spoke regarding contacting the City Council.

Juliette Montoya-Cesena, Chula Vista resident, spoke regarding a recent break-in incident.

Ingrid Velasquez, Chula Vista, resident, spoke regarding traffic conditions.

Brandon Claypool spoke regarding matters related to homelessness.

The following members of the public spoke regarding the California voter roll database and fair elections:

• Ronald Romeo
• Barbara Carnahan
• Stephanie Payan
• Ann Matchinske

Dakota Rambo spoke regarding the horse arena at Rohr Park. 

The following members of the public submitted written comments in opposition to an ordinance restricting homeless encampments:

• Khawla Masoud
• Sebastian Martinez
• Isabella Rios
• Caroline Hallman
• Aubriel D. 
• Robert Werner
• Patricia
• Alex Frezer
• Celia Cruz-Elmassian, LCSW
• Tiffany Avila
• Nate Bartley
• Isabella Martinez
• Karen Clay
• Rosa Vasquez

Resident submitted written comments expressing a neutral position related to a former City Councilmember. 

7.

ACTION ITEMS

7.1

Consider Items Removed From the Consent Calendar, if Any

There were none.

7.2

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

Item was not discussed and was continued to the September 17, 2024 City Council meeting. 

7.3

Housing Update: Hear a Report on the Chula Vista Residential Tenant Protection Ordinance, Chula Vista Municipal Code Chapter 9.65

Neville Rich

I have numerous properties in the San Diego area. When investing we look for the community offering the most welcoming environment for investors. Unfortunaely for us the current Chula Vista Ordinace removes this community from any consideration. Chula Vista knows what's best for Chula Vista and discouarging investors like me is a goal they have achieved. It's just too risky!

Mayor McCann stated he would abstain from discussion on the item due to a potential property-related conflict of interest, and he left the dais during the presentation and discussion. 

The meeting was recessed at 6:26 p.m. and resumed at 6:35 p.m. with Councilmembers Chavez, and Preciado and Deputy Mayor Gonzalez present. 

Director of Housing and Homelessness Services and Assistant City Attorney McClurg gave a presentation on the item. 

John Acosta spoke regarding conflict of interests related to the item.

The following members of the public spoke in opposition to the Tenant Protection Ordinance:

• Joseph Raso, Chula Vista resident
• Aurora
• Brad Wilson, Chula Vista resident

The following members of the public spoke regarding amending elements of the Tenant Protection Ordinance:

• Eric Sutton, Chula Vista resident, representing Southern California Rental Housing Association
• George Ching, representing Pacific Southwest Association of Realtors
• Sam Calvano

Neville Rich submitted written comments in opposition to the Tenant Protection Ordinance.

At the request of Councilmember Preciado, there was a consensus of a majority of the City Council to direct staff to meet with industry representatives to obtain feedback on the new concerns being raised, consider any adjustments that may be made to the ordinance to continue the balance between property owners, business owners, and tenants; and return to the City Council with a report in February 2025, including recommendations on the 30- and 60-day minimum vacancy matter and whether HUD is the best way to assess the fair market rent.

8.

PUBLIC COMMENTS (CONTINUED)

There were none.

9.

CITY MANAGER’S REPORTS

9.1

Update 2024 Fire Risk Reduction Community List

Emergency Services Manager King presented the update.

10.

MAYOR’S REPORTS

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

10.1

Ratification of Appointment to the Following Commissions:

Board of Appeals and Advisors
- Frank Metayer

Measure A Citizens’ Oversight Committee
- Mayra Estrada
- Joel Monreal

Measure P Citizens’ Oversight Committee
- Christos Korgan
- Sassan Rahimzadeh

Parks and  Recreation Commission 
- Jessica Fawver

Sustainability Commission
- David Wu

Traffic Safety Commission
- Jorge Marroquin

Veterans Advisory Commission
- Elmer Jimenez
- Ricardo Nava

• Moved by Mayor McCann
  Seconded by Councilmember Preciado

  To ratify the above appointments. 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)

11.

COUNCILMEMBERS’ REPORTS

11.1

Councilmember Morineau, Ratification of Appointment to the Following Commissions:

Measure P Citizens' Oversight Committee
- David Clark

Parks and Recreation Commission
- Michelle Rodriguez

• Moved by Mayor McCann
  Seconded by Councilmember Preciado

  To ratify the above appointments.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)

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

  
  

12.

CITY CLERK'S REPORTS

There were none.

13.

CITY ATTORNEY'S REPORTS

There were none.

14.

ADJOURNMENT

The meeting was adjourned at 8:00 p.m. in memory of Bud Chase.

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