City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
December 20, 2022, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Deputy Mayor Cardenas, Councilmember Chavez, Councilmember Preciado, Mayor McCann
Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, 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. _____________________________________________________________________
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): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember Preciado, and Mayor McCann
Result, Carried (4 to 0)
2022-12-20 City Council Regular Meeting Minutes
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. 3 540 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 Committe e 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 Devel opment 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 Vill age 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.
2022-12-20 City Council Regular Meeting Minutes
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 DEVELOPM ENT 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) RESOLUTIO N 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.
2022-12-20 City Council Regular Meeting Minutes
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): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 6.1 headings:
A) RESOLU TION 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 T HE 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 T HE 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): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember Preciado, and Mayor McCann
Result, Carried (4 to 0)
2022-12-20 City Council Regular Meeting Minutes
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
City Clerk Bigelow gave a presentation on the item and responde d 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 co mmunications 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 regardi ng 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 biog raphy as part of the initial application. The Council further directed that an economic disclosure form be submitted by individuals who were invited to interview.
2022-12-20 City Council Regular Meeting Minutes
Moved by Councilmember Preciado
Seconded by Deputy Mayor Cardenas
To adopt Resolution No. 20 22-285 heading read, text waived. The motion carried by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 6.3 heading:
RESOLUTION NO. 2022-285 OF THE CITY COUNC IL 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): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember Preciado, and Mayor McCann
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): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember Preciado, and Mayor McCann
Result, Carried (4 to 0)
2022-12-20 City Council Regular Meeting Minutes
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 upcomi ng 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): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember Preciado, and Mayor McCann
Result, Carried (4 to 0)
8.2 Appointment of City Councilmembers to San Diego Association of Governments (SANDAG)
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
2022-12-20 City Council Regular Meeting Minutes
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 Prec iado 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): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember Preciado, and Mayor McCann
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): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember Preciado, and Mayor McCann
Result, Carried (4 to 0)
2022-12-20 City Council Regular Meeting Minutes
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 fo r 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
_________________________
Kerry K. Bigelow, MMC, City Clerk