City of Chula Vista

Regular City Council Meeting

MINUTES

Meeting #:

Date:

Tuesday, May 07, 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, 
• Councilmember Morineau, 
• 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.

Mayor McCann announced, pursuant to AB 23, that he and all Councilmembers would receive $50 for their attendance at that Housing Authority meeting, held simultaneously with the City Council meeting.  

2.

ROLL CALL

City Clerk Bigelow called the roll.

3.

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

Led by Boy Scout Troop 895.

4.

SPECIAL ORDERS OF THE DAY

4.1

Oath of Office

Tiffany Hecklinski - Human Relations Commission

City Clerk Bigelow administered the oath of office.

4.2

Presentation of a Proclamation Proclaiming May 2024 as Asian American and Pacific Islander Month in the City of Chula Vista

The proclamation was presented.

4.3

Presentation of the 2024 Sustainability Champion Awards

Environmental Sustainability Manager Wisniewski and Environmental Services Manager Medrano presented the awards.

4.4

Presentation of a Proclamation to Sandy Scheller for Holocaust Remembrance Week

The proclamation was presented.

5.

CONSENT CALENDAR (Items 5.1 through 5.5)

John Acosta, Chula Vista resident, spoke regarding consent calendar items. 

• Moved by Mayor McCann
  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 (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: April 9, 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

Mobilehome Space Rent Review: Amend Chula Vista Municipal Code Chapter 9.50 “Mobilehome Space Rent Review” and Repeal Chapter 2.31 to Streamline Administration and Create a Hearing Officer

Concerned Resident

Making the most vulnerable residents pay any fee is ridiculous. Based on the cost of postage and the amount of staff time it takes to go through this process every year makes no sense. City Council should be paying for this cost out of the general fund. Mobile Home Residents are not covered under the City's Tenant Protection Ordinance and they are not being asked to pay any fees to receive these services. The City has created two class of citizens by requiring one group to pay a fee and another group to receive free services. Lastly, with Measure P coming up for a potential extension, it is painful to see how much the City is charging us to receive basic services.

CGomez

A lot of responsibility placed on one designated person to make a decision for residents and a business owner. What background/experience will the hearing officer designee have to make these important decisions? A $5 fee? Why not get rid of the fee and go back to the City giving these benefits to all mobilehome residents without having to pay like you used to and now do for tenant protection for other tenants.

• Adopt ordinance A) amending Chapter 9.50 of the Chula Vista Municipal Code entitled “Mobilehome Park Space Rent Review” to add section 9.50.025 “Mobilehome Rent Review Hearing Officer – Creation of Position – Authority,” amend section 9.50.030 “Administrative fee” to update reporting requirements, amend section 9.50.070 “Initiation of space rent review” to update procedures, and update references accordingly (Second Reading and Adoption) and B) repealing section 2.31 of the Chula Vista Municipal Code “Mobilehome Rent Review Commission. (Second Reading and Adoption)

  Item 5.3 headings:

  A) ORDINANCE NO. 3567 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE “MOBILEHOME PARK SPACE RENT REVIEW” TO ADD SECTION 9.50.025 “MOBILEHOME RENT REVIEW HEARING OFFICER – CREATION OF POSITION – AUTHORITY”, AMEND SECTION 9.50.030 “ADMINISTRATIVE FEE”, AND AMENDING VARIOUS SECTIONS TO STREAMLINE ADMINISTRATIVE FEE COLLECTION (SECOND READING AND ADOPTION)

  B) ORDINANCE NO. 3568 OF THE CITY OF CHULA VISTA REPEALING CHAPTER 2.31 OF THE CHULA VISTA MUNICIPAL CODE “MOBILEHOME RENT REVIEW COMMISSION” (SECOND READING AND ADOPTION)

  
  

5.4

Sponsorship Funds: Accept Sponsorship Funds from the Port of San Diego’s Tidelands Activation Program to Offset Coordination and Logistical Costs for the South Bay Earth Day 2024 Event

• Adopt a resolution accepting $60,000 in sponsorship funds from the Port of San Diego for the South Bay Earth Day event.

  Item 5.4 heading:

  RESOLUTION NO. 2024-073 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING SPONSORSHIP FUNDS FROM THE PORT OF SAN DIEGO’S TIDELANDS ACTIVATION PROGRAM TO OFFSET COORDINATION AND LOGISTICAL COSTS FOR SOUTH BAY EARTH DAY 2024

  
  

5.5

Equipment Lease Agreement and Appropriation: Approve an Equipment Lease Agreement with Lenovo Financial Services to Purchase Mobile Data Computers for the Police Department and Appropriate Funds for That Purpose

• Adopt a resolution approving an equipment lease agreement with Lenovo Financial Services to fund the purchase of Mobile Data Computers from CDW+G LLC for the Police Department and appropriating funds for that purpose. (4/5 Vote Required)

  Item 5.5 heading:

  RESOLUTION NO. 2024-074 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EQUIPMENT LEASE WITH LENOVO FINANCIAL SERVICES FOR MOBILE DATA COMPUTERS AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

6.

PUBLIC COMMENTS

Felipe Martinez, representing South Bay Little League, spoke in support of park updates.

John Acosta, Chula Vista resident, spoke regarding public transparency.

Brandon Claypool spoke regarding homelessness and thanked the Police Department for their efforts. 

Delia Dominguez Cervantes, Chula Vista resident, and Harold DeMoss Jr. spoke regarding various topics. 

Jenne Fredrickson spoke regarding City sidewalks.

7.

BOARD AND COMMISSION REPORTS

7.1

Human Relations Commission: Feedback on Proposed Municipal Code Changes to Functions and Duties and Membership

Human Relations Commission Chair Branch gave a presentation on the item. She and Special Projects Manager Hernandez responded to questions from the City Council. 

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

The following members of the public spoke regarding inclusivity:

• Delia Dominguez, Chula Vista resident
• Robert Johnson

At the request of Councilmember Preciado, there was a consensus of the City Council to refer the feedback from the Human Relations Commission and Councilmember Preciado’s initial input to the City Manager and City Attorney’s office for further review and to draft an ordinance for City Council’s consideration.

7.2

Measure A Citizens’ Oversight Committee Presentation: Annual Report Covering Reporting Period July 1, 2022 through June 30, 2023

Measure A Citizens’ Oversight Committee Chair Stucky provided the report. 

The meeting was recessed at 7:20 p.m. and resumed at 7:32 p.m.

8.

PUBLIC HEARINGS

8.1

Community Facilities District: Formation of Community Facilities District 16M (El Dorado Ridge) to Finance Maintenance and Monitoring of Open Space

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.

Facilities Finance Manager Elliot gave a presentation on the item.

Mayor McCann opened the public hearing.

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

Michael Grant, the applicant, was available to respond to questions. 

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

City Clerk Bigelow reported the public hearing results and stated that no majority protest existed.

• Moved by Mayor McCann
  Seconded by Councilmember Chavez

  To adopt Resolution No. 2024-075, 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 8.1A heading:

  RESOLUTION NO. 2024-075 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 16M (EL DORADO RIDGE) OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THE BOUNDARIES THEREOF

  
  
• Moved by Mayor McCann
  Seconded by Deputy Mayor Gonzalez

  To adopt Resolution No. 2024-076, 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 8.1B heading:

  RESOLUTION NO. 2024-076 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 16M (EL DORADO RIDGE), THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, A PROPOSITION REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS OF CERTAIN PUBLIC SERVICES AND ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR 

  City Clerk Bigelow stated she agreed to holding the special election, canvassed the ballots returned, and announced that the proposition passed unanimously.

  
  
• Moved by Mayor McCann
  Seconded by Councilmember Preciado

  To adopt Resolution No. 2024-077, 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 8.1C heading:

  RESOLUTION NO. 2024-077 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING THE RESULTS OF THE SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 16M (EL DORADO RIDGE)

  
  
• Moved by Mayor McCann
  Seconded by Councilmember Morineau

  To place the ordinance on first reading, 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)

  ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 16M (EL DORADO RIDGE), AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT (FIRST READING)

  
  

9.

ACTION ITEMS

9.1

Annual Budget: Hear the Presentation of the City Manager’s Proposed Budget for Fiscal Year 2024-25, Consider Acceptance of the Proposed Budget, and Set a Public Hearing for Final Consideration and Adoption

Concerned Employee & Resident

1. City Manager routed a memo to internal staff advising them that the Chief Sustainability Officer position was being eliminated to assist in funding police and homeless services. In reviewing the budget document, there is no fiscal impact to the general fund for housing and related services (unless this is paying for police officers?). Smart Cities is still mentioned in the budget document although the person overseeing this program is being let go. 2. The budget appears to be higher for 24-25 but voters would be asked to vote on Measure P. when in fact an $65M in additional revenue came in to city coffers due to this measure. Do not over tax us. 3. Although the budget is balanced due to the hard work of the Finance Staff, be mindful of department requests to add positions in this "cooling economy."

Confused and concerned (Part 2)

I worry that all the attention as of late has been about the drama of the city council and city attorney, but staff are the ones our tax dollars fund to do the actual work and the business of our city. The city administration team needs to do a better job of running this city like a business and as our elected reps you need to be holding them accountable. Is there going to be a new deputy city manager? Why list it as vacant and not do a recruitment for that? Why make someone your second in command just for overseeing 2 departments (public works and engineering)? Then you have the City’s former HR Manager promoted to oversee 5 additional departments that have nothing to do with HR. How is somebody expected to develop all those skills and knowledge overnight? Seems odd to me and would never happen in the private sector for leadership positions. Chula Vista is a big city and we should be drawing in the best and brightest talent from other communities to bring fresh perspectives and new ideas. As a business owner, I want the homeless situation handled with dignity but we can’t keep giving more resources to them without seeing results. You get rid of half the economic development department and give more to homeless… I have a hard time understanding that one. If you think the residents and business owners don’t notice what happens inside the walls of City Hall, you are wrong. What happens in City Hall impacts our entire community. Sincerely, Confused and concerned

Confused and concerned (Part 1)

Dear Mayor McCann, City Councilmembers, and City Attorney Verdugo, I have lived and owned a business in Chula Vista for almost 15 years. Chula Vista is my home. Until recent years, I've never really been one to engage with the city (because honestly, who has the time) but after hearing about some funny business and doing my own research, I am growing increasingly concerned with Chula Vista’s management. What is going on with our leaders of city hall? First Eric Crockett is gone with no explanation (smart guy and long tenured employee), now they are disappearing Dennis Gakunga, another Economic Development Exec. I hope the council looks at the -55% in personnel in the Economic Development Dept, significantly more than any other dept (page 31). I support keeping top talent around, Lord knows we need the best with the challenges in our growing city, but the council needs to look into a policy for having external recruitments. Especially when we see the manager making strange personnel choices in the last few years. (Need more room, refer to part 2)

Finance Director Schoen, Budget and Analysis Manager Prendell, and Principal Management Analyst Block gave a presentation.

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

Concerned Employee and Resident submitted written comments expressing a neutral position on the item.

At the request of Councilmember Preciado, there was a consensus of a majority of the City Council to include funding for an additional potential charter amendment on the ballot.

• Moved by Mayor McCann
  Seconded by Councilmember Preciado

  To adopt Resolution Nos. 2024-078, SA 2024-002 and HA 2024-002, as amended to include funding for and additional  proposed ballot measure, 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)

  Item 9.1 heading:

  RESOLUTION OF THE CITY COUNCIL NO. 2024-078/SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY NO. 2024-002/ HOUSING AUTHORITY NO. 2024-002 OF THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER’S PROPOSED OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR FISCAL YEAR 2024-25 FOR EACH AGENCY AS THEIR PROPOSED BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING FOR FINAL CONSIDERATION AND ADOPTION OF SAME

  The meeting was recessed at 9:19 p.m. and resumed at 9:28 p.m.

  
  

9.2

Agreement Amendments: Approve a First Amendment to the Agreement with Circuit Transit Inc. and a First Amendment to the Agreement with CALSTART, Inc. for the Chula Vista Community Shuttle Pilot Project

Item was not heard, and was continued to a future meeting. 

10.

PUBLIC COMMENTS (CONTINUED)

There were none.

11.

CITY MANAGER’S REPORTS

There were none.

12.

MAYOR’S REPORTS

Mayor McCann reported on attendance at recent events, made community announcements, and provided an update regarding the Metropolitan Transit System budget.

13.

COUNCILMEMBERS’ REPORTS

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

Councilmember Chavez provided an update on the SANDAG Board of Directors and the SR-125.

13.1

Deputy Mayor Gonzalez: Consideration of the Formation of a City Council Subcommittee to Consider Potential Charter Amendments

• Moved by Deputy Mayor Gonzalez
  Seconded by Councilmember Preciado

  To form a subcommittee of the City Council consisting of Deputy Mayor Gonzalez and Councilmember Preciado to consider potential Charter amendments and to present findings to the City Council within 60 days. 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)

14.

CITY CLERK'S REPORTS

15.

CITY ATTORNEY'S REPORTS

There were none.

16.

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

Mayor McCann recessed the meeting at 9:50 p.m. The City Council convened in closed session at 10:03 p.m., with all members present.

16.1

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

Name of case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-00017713-CU-MC-CTL

Action: No Reportable Action

16.2

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

Name of case:  Khadijen Shams v. City of Chula Vista, San Diego Superior Court, Case No. 37-2023-00001954-CU-PO-CTL

Action: No Reportable Action

16.3

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: No Reportable Action

16.4

Conference with Labor Negotiators Pursuant to Government Code Section 54957.6

Agency designated representatives: Maria Kachadoorian, Marco Verdugo, Courtney Chase, Tanya Tomlinson and Sarah Schoen Employee organization: ACE, IAFF and POA

Action: No Reportable Action

17.

ADJOURNMENT

The meeting was adjourned at _____ p.m.

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