City of Chula Vista

Regular City Council Meeting

MINUTES

Tuesday, April 09, 2024 at 5:00 P.m. - 6:00 P.m.

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

Present:

• Councilmember Chavez, 
• Deputy Mayor Gonzalez, 
• Councilmember Preciado, 
• Mayor McCann, 
• and 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 5:02 p.m.

2.

ROLL CALL

City Clerk Bigelow called the roll.

Councilmember Chavez joined the meeting at 4:59 PM.

Deputy Mayor Gonzalez joined the meeting at 4:59 PM.

Councilmember Preciado joined the meeting at 4:59 PM.

Mayor McCann joined the meeting at 4:59 PM.

City Manager Kachadoorian joined the meeting at 4:59 PM.

City Clerk Bigelow joined the meeting at 4:59 PM.

Deputy Director of City Clerk Services Turner joined the meeting at 4:59 PM.

Councilmember Morineau joined the meeting at 4:59 PM.

City Attorney Verdugo joined the meeting at 4:59 PM.

3.

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

Led by Deputy Mayor Gonzalez.

4.

SPECIAL ORDERS OF THE DAY

4.1

Special Recognition of the 2023-2024 Chula Vista Elementary School District Speech Contest Winners

Mayor McCann recognized the 2023-2024 Chula Vista Elementary School District Speech Contest Winners.

4.2

Presentation of a Proclamation to Syara Platero for Her Outstanding Accomplishments and Contributions to Our Community, and Proclaiming April 9, 2024 as Syara Platero Day in the City of Chula Vista

Mayor McCann read the proclamation, and the City Council presented it to Ms. Platero.

4.3

Presentation of a Proclamation to Police Dispatcher and 2023 Dispatcher of the Year Issac Jeitler Proclaiming the Week of April 14 through April 20 as National Public Safety Telecommunications Appreciation Week in the City of Chula Vista

Mayor McCann read the proclamation, and Councilmember Morineau presented it to Mr. Jeitler.

4.4

Presentation of a Proclamation to the City's Records and Information Management (RIM) Team Proclaiming the Month of April as RIM Month in the City of Chula Vista

Mayor McCann read the proclamation, and Deputy Mayor Gonzalez presented it to the City's Records and Information Management team.

5.

CONSENT CALENDAR (Items 5.1 through 5.7)

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

• John Acosta, Chula Vista resident
• Delia Dominguez Cervantes, Chula Vista resident

At the request of Councilmember Preciado, there was a consensus of the City Council to direct the City Manager to request a formal presentation from the Department of Housing and Homelessness regarding the variety of affordable and inclusionary housing programs in the City at a future meeting within the next 60 days.

City Manager Kachadoorian stated items of this nature would be coming forward for City Council consideration.

• Moved by Councilmember Preciado
  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: February 26, 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

Agreement: Approve a Second Amendment to the Agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For-Hire Regulations

• Adopt a resolution approving the second amendment to the agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For-Hire Regulations.

  Item 5.3 heading:

  RESOLUTION NO. 2024-056 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR-HIRE REGULATIONS BETWEEN THE CITY AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM 

  
  

5.4

Grant Award and Appropriations: Accept Grant Funds From the California Fire Foundation and the San Diego Regional Fire Foundation

• Adopt resolutions A) Accepting the California Fire Foundation grant of $27,800 and appropriating funds for that purpose (4/5 vote required), and B) Accepting the San Diego Regional Fire Foundation grant of $293,000 and appropriating funds for that purpose (4/5 vote required).

  Item 5.4 headings:

  A) RESOLUTION NO. 2024-057 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CALIFORNIA FIRE FOUNDATION GRANT, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING FIRE CHIEF HARRY MUNS TO EXECUTE DOCUMENTS (4/5 VOTE REQUIRED)

  B) RESOLUTION NO. 2024-058 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE SAN DIEGO REGIONAL FIRE FOUNDATION GRANT, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING FIRE CHIEF HARRY MUNS TO EXECUTE DOCUMENTS (4/5 VOTE REQUIRED)

  
  

5.5

Agreement: Approve a Consultant Services Agreement with Fehr & Peers to Provide Professional Services Related to Transportation Development Impact Fee Program Updates and Appropriate Funds for that Purpose

• Adopt a resolution waiving the competitive bidding process pursuant to Chula Vista Municipal Code Section 2.56.070B.3, approving the Agreement, and appropriating funds for that purpose. (4/5 Vote Required)

  Item 5.5 heading:

  RESOLUTION NO. 2024-059 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BID REQUIREMENT, APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND FEHR & PEERS TO PROVIDE PROFESSIONAL SERVICES SUPPORTING CHULA VISTA TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM UPDATES, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

5.6

Waiver of Development Impact Fees: Approve a Waiver of Parkland Acquisition and Development Fees for a 57-Unit, 100 Percent Affordable Senior Housing Project Located at 178 Third Avenue

Robert Johnson

if you wave a fee just remember we should all get FEEs wavied another lawsuit waiting. cause you want to treat people different.

• Adopt a resolution to waive Parkland Acquisition Fees and Development Fees, totaling $625,414 for a proposed 57-unit, 100 percent affordable senior housing project at 178 Third Avenue.

  Item 5.6 heading:

  RESOLUTION NO. 2024-060 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING PARKLAND IN-LIEU FEES FOR A 100 PERCENT AFFORDABLE SENIOR HOUSING PROJECT LOCATED AT 178 THIRD AVENUE KNOWN AS CHULA VISTA SENIORS

  
  

5.7

Agreement: Approve an Agreement for the Continuation of the Work for Hope Program with McAlister Institute for Treatment and Education, Inc.

• Adopt a resolution pursuant to Chula Vista Municipal Code Section 2.56.070(B)(4) single/sole source, approving an agreement with McAlister Institute for the continuation and expansion of the Work for Hope program.

  Item 5.7 heading:

  RESOLUTION NO. 2024-061 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)(4) AND APPROVING AN AGREEMENT WITH MCALISTER INSTITUTE FOR TREATMENT AND EDUCATION, INC. FOR THE WORK FOR HOPE PROGRAM 

  
  

6.

PUBLIC COMMENTS

Robert Johnson

11:01 COMMENTS ABOUT TO CLOSE YET I CAN STILL COMMENT ON A MEETING BEFOR THIS ONE AFTER THIS CLOSES. AUDIT

Robert Johnson

comments open till noon yet 1 pm for the other meeting. if this isnt fixxed we should sue each and everyone of you. SCUMBAGS.

Robert Johnson

noon DEFINE TIME. 1200 or 2400 or 12 pm or 12 am./ such lax terms define the different way you have ecomment structured, which was beyond the scope of work. let alone you had a member get charged and pled guilty yet she was a casting vote on thing that the city attorney was willing to ignore the constitution to make policy reenforced with the color of law CVPD on beck and call to intimidate such first amendment issues. CVPD is law enforcement not policy enforcement. we also dont work for the city or the people WE ARE YOUR BOSS. understand had you work for me alone you would all be fired.

John Acosta, Chula Vista resident, spoke regarding conflicts of interest. 

The following members of the public spoke regarding healthcare in the City:

• Marianne McKennett
• Susanna Chou
• Kofi Sefa-Boakye

At the request of Councilmember Preciado, there was a consensus of the City Council to direct the City Attorney to evaluate whether Scripps Chula Vista's contractual obligations have been fulfilled and to determine what future plans the hospital has to expand services to the City.  

Delia Dominguez Cervantes, Chula Vista resident, spoke regarding various matters. 

Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance. 

John Kalpus, Chula Vista resident, spoke regarding noise at the Chula Vista Marina.

Chequita Falls, representing Meals on Wheels, spoke regarding services offered by Meals on Wheels.

Robert Johnson submitted written comments. 

The meeting was recessed at 6:02 p.m. and resumed at 6:07 p.m.

7.

PUBLIC HEARINGS

7.1

Housing Grant Funding: Receive Recommendations for the Fiscal Year 2024/2025 U.S. Department of Housing and Urban Development Annual Action Plan

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

Councilmember Morineau stated she would abstain from voting on the item due to a potential financial conflict of interest, and she left the dais during the discussion and voting on the item.

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.

Management Analyst Barnard gave a presentation on the item.

Deputy Mayor Gonzalez opened the public hearing.

Rebecca Rader submitted written comments in support of the item. 

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

• Moved by Deputy Mayor Gonzalez
  Seconded by Councilmember Chavez

  To accept the report provided by staff regarding recommendations for the Fiscal Year 2024-2025 U.S Department of Housing and Urban Development Action Plan. The motion was carried by the following vote:

  Yes (3)	Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez
  Abstain (2)	Mayor McCann, and Councilmember Morineau

  Result, Carried (3 to 0)

7.2

Otay Ranch Freeway Commercial Sectional Planning Area: Amend the Plan’s Planned Community District Regulations to Streamline Modifications to Approved Permits and Allow Medical Offices within the Commercial Mixed-Use Zone

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.

Sr. Planner Mallec gave a presentation on the item.

Mayor McCann opened the public hearing.

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

• Moved by Mayor McCann
  Seconded by Councilmember Preciado

  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)

  Item 7.2 heading:

  ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL PLANNED COMMUNITY DISTRICT REGULATIONS (FIRST READING)

  
  

7.3

Annual Military Equipment Report: Accept the Annual AB 481 Military Equipment Report and Review and Renew Ordinance No. 3549

Robert Johnson

the police had a meeting not advertised on city cal till day of event. no one but me and one othere was there that show city staff isnt doing their job yet all of you didnt show either.. the video shows who cares and most of you PRETEND to care i go to the meetings i dont see any of you who claim to care.. YOUR A JOKE WE WILL CALL ALL OF YOU OUT. I HAVE THE VIDEO REMEMBER. AUDIT EVERYTHING.

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.

Captain Peak and Lieutenant Adkins gave a presentation on the item.

Mayor McCann opened the public hearing.

Delia Dominguez Cervantes spoke in support of the item. 

Robert Johnson submitted written comments.

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

• Moved by Mayor McCann
  Seconded by Deputy Mayor Gonzalez

  To adopt Resolution No. 2024-062, 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 7.3 heading:

  RESOLUTION NO. 2024-062 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CHULA VISTA POLICE DEPARTMENT’S 2023 ANNUAL AB 481 MILITARY EQUIPMENT REPORT AND RENEWING ORDINANCE NO. 3549 APPROVING THE CHULA VISTA POLICE DEPARTMENT MILITARY USE POLICY 

  
  

8.

ACTION ITEMS

8.1

State Legislation: Hear a Report on Assembly Bill 2783: San Diego Unified Port District and Provide Direction to Staff on City Position

Special Projects Manager Hernandez gave a presentation.

The following members of the public supported the City taking an "oppose unless amended" position on the bill:

• Mary Salas, Chula Vista resident
• Ansermio Estrada, representing San Diego County Building and Construction Trade Council
• Brigette Browning, representing Unite Here

On behalf of Assemblymember Alvarez, Lisa Schmidt requested that the City support the bill.

Delia Dominguez Cervantes thanked the City for thoroughly considering the proposed bill. 

The following members of the public spoke, expressing a neutral position on the bill:

• Sharon Cloward, representing San Diego Working Waterfront
• Kip Howard, representing RIDA Development
• Ann Moore, representing the Port Commission

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

• Marcy Weaver, representing the Chula Vista Chamber of Commerce
• Todd Roberts, representing Marine Group Boat Works
• Alice De La Torre
• Luz Molina

Dr. Timothy Bilash spoke regarding ethics reform.

Alice De La Torre spoke regarding Assemblymember David Alvarez. 

• Moved by Councilmember Preciado
  Seconded by Mayor McCann

  To support the bill if amended, specifically supporting the following provisions and amendments. The motion was carried by the following vote:

  Provisions:
  A.    Requiring the annual rotation of the Port Chair, Vice Chair and Secretary
  B.    Requiring that one of the three City of San Diego-appointed commissioners live in the Portside neighborhood
  C.    Requiring the Port District to establish an independent Board of Ethics to enforce the Code of Ethics and review ethical matters
  D.    Replacing the monthly car allowance with per diem compensation
  E.    Requiring the Port District to publicly disclose lobbying financial activity 
  F.    Adding a second position for the City of Chula Vista to the Port Commission

  
  Amendments:
  G.    With regard to term limits, request this provision be removed entirely
  H.    With regard to requiring a 72-hour notification and disclosure of evidence if the commissioners act to censure or remove a fellow commissioner from their duties, request the disclosure of evidence requirement be removed or amend to add "as permitted by law"
  I.    With regard to the creation of a Community Impact Fund and Future Public Acess Fund, request these provisions be removed entirely and instead require the Port District to develop a program investment in disadvantaged communities with annual reporting to all member cities
  J.     With regard to preventing commissions from lobbying, contracting or being employed by the Port District for two years after their term ends, requesting this provision be amended to one year, so it is consistent with the Fair Political Practices Commission and City Laws

  The motion was carried by the following vote:

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

  Result, Carried (4 to 1)

  The meeting was recessed at 7:37 p.m. and resumed at 8:02 p.m.

  
  

9.

PUBLIC COMMENTS (CONTINUED)

There were none.

10.

CITY MANAGER’S REPORTS

There were none. 

11.

MAYOR’S REPORTS

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

12.

COUNCILMEMBERS’ COMMENTS

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

Councilmember Chavez provided a SANDAG update related to SR-125.

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 9:21 p.m. The City Council convened in closed session at 9:24 p.m., with all members present.

15.1

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

• A) 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

  
  
• B) Name of case: Hanna Wells v. City of Chula Vista, San Diego Superior Court, Case No. 37-2023-00036274-CU-CR-CTL

  Action: No Reportable Action

• C) Name of case: CV Amalgamated LLC v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-33446-CU-MC-CTL

  Moved by Mayor McCann
  Seconded by Councilmember Preciado

  Action: To authorize the City Council to seek appellate relief from the California Court of Appeals as to the Superior Court's March 29, 2024 order. 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)

15.2

Conference with Legal Counsel -- Anticipated Litigation -- Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) 

• One (1) Case re: Notice of Potential Liability, Request for Information, Request for Payment, and Request for Performance of Work Associated with Releases and Threatened Releases of Hazardous Substances at the San Diego Bay National Wildlife Refuge Site in Chula Vista and National City, California

   

  Action: No Reportable Action

  
  

15.3

Conference with Labor Negotiators Pursuant to Government Code Section 54957.6

Robert Johnson

WHILE YOU ALL GET PAID WITH OUR MONEY REMEMBER THE HIGHEST PAID PERSON IN CHULA VISTA IS Maria Kachadoorian City Manager Chula Vista, 2021 $442,874.93 HOW MUCH MONEY IS ENOUGH i MAKE NOTHING. YALL ARE THE SCUM OF THE EARTH STEALING MONEY.

Robert Johnson submitted written comments.

• Agency designated representatives: Maria Kachadoorian, Marco Verdugo, Courtney Chase, Tanya Tomlinson, and Sarah Schoen

  Employee organization: EXEC, SM and POA

   

  Action: No Reportable Action

  
  

16.

ADJOURNMENT

The meeting was adjourned at 11:40 p.m.

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