1. CALL TO ORDER
Public Comments:
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:09 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
2. ROLL CALL
Public Comments:
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Comments:
Councilmember Chavez led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
Public Comments:
4.1 Presentation of a Proclamation to Senior Electronics Technician Olric Forde in Recognition of His Retirement and 23 Years of Service With the City of Chula Vista Public Comments:
Item 4.1 was not heard.
5. CONSENT CALENDAR (Items 5.1 through 5.7)
Public Comments:
Item 5.5 was removed from the consent calendar by a member of the public.
Moved by
Deputy Mayor Preciado
Seconded by
Mayor McCann
To approve the recommended actions appearing below consent calendar Items 5.1 through 5.4 and Items 5.6 through 5.7. The headings were read, text waived. The motion carried by the following vote:
Yes (4)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, and Deputy Mayor Preciado Result, Carried (4 to 0)
5.1 Approval of Meeting Minutes
Attachments
|
Public Comments
1. Draft Minutes - December 20, 2022.pdf
Approve the minutes dated: December 20, 2022
5.2 Waive Reading of Text of Resolutions and Ordinances Public Comments:
Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting.
5.3 Consideration of Request for Excused Absences
Public Comments:
Consideration of requests for excused absences. No requests were received for that meeting.
5.4 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 (Second Reading) Attachments
|
Public Comments
1. Original Staff Report from Dec. 20 - Massage Parlor Ordinance - 22-0322.pdf
2. Ordinance.pdf
3. Attachment 1 Proposed New Municipal Code Chapter 5.36.pdf
4. Attachment 2 Redline Strikeout of Current Chapter 5.36 CVMC.pdf
5. Attachment 3 Current Chapter 5.36 CVMC.pdf
6. Attachment 4 Signed Letter sent to Massage or Spa Business.pdf
7. Item 6.2 -Presentation - Massage Regulation Ordinance 5.36 Item 6.2 M Foxx.pdf Adopt an ordinance repealing Chula Vista Municipal Code Chapter 5.36, Massage Parlors and Holistic Health Practitioners, and replace it with the proposed new version of Chapter 5.36, Massage Regulation (Second Reading and Adoption)
Item 5.4 heading:
ORDINANCE NO. 3541 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 (SECOND READING AND ADOPTION)
5.6 Agreement Extension: Approve an Amendment to Extend the Alternative Dispute Resolution Agreement Between the City and the Chula Vista Police Officer’s Association Attachments
|
Public Comments
1. Staff Report ADR Agreement Extension - 23-0024.pdf
2. Resolution - ADR Agreement Extension.pdf
3. Attachment 1 - ADR Agreement Dated 12-7-2020.pdf
4. Attachment 2 - ADR Side Letter Extension.pdf
Adopt a resolution approving an amendment to extend the Alternative Dispute Resolution Agreement between the City of Chula Vista and the Chula Vista Police Officer’s Association for an additional year.
Item 5.6 heading:
RESOLUTION NO 2023-003 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXTENSION TO THE ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER’S ASSOCIATION
5.7 Grant Application: Approve a Joint Application with the City of San Diego for a Waste Tire Abatement Grant and Authorize the City of San Diego to Execute All Grant-Related Documents and Grant Activities Attachments
|
Public Comments
1. Staff Report - Joint Waste Tire Abatement Grant Application - 22-0310.pdf
2. Resolution(1).pdf
3. Attachment A Grant App Guidelines and Instructions.pdf
4. Attachment B Grant Terms and Conditions.pdf
5. Attachment C Grant Procedures and Requirements.pdf
Adopt a resolution approving a joint application for grant funding for waste tire abatement up to $500,000 with the City of San Diego and authorizing the City of San Diego to execute all grant-related documents and grant activities.
Item 5.7 heading:
RESOLUTION NO 2023-004 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF SAN DIEGO TO SUBMIT A COLLABORATIVE REGIONAL GRANT APPLICATION FOR LOCAL GOVERNMENT WASTE TIRE ENFORCEMENT, EXECUTE GRANT-RELATED DOCUMENTS, AND CONDUCT RELATED ACTIVITIES
ITEM REMOVED FROM THE CONSENT CALENDAR
5.5 Grant Application and Appropriation: Authorize Submittal of a State of California Permanent Local Housing Allocation (PLHA) Grant Application, Approve an Amended Plan for Homeless-Related Services, and Appropriate Funds Attachments
|
Public Comments
1. Staff Report Application and Amendment - PLHA State Funds Application and Plan Amendment - 23-0010.pdf
2. Resolution A.pdf
3. Resolution B.pdf
4. Attachment 1 - Streamlined Application.pdf
5. Attachment 2, Exhibit 1 to Resolution A - PLHA 2019-2023 Plan Amendment.pdf Alan C, Chula Vista resident, expressed concerns related to homelessness.
Moved by
Deputy Mayor Preciado
Seconded by
Councilmember Cardenas
To adopt Resolution Nos. 2023-001 and 2023-002, headings read, text waived. The motion carried by the following vote:
Yes (4)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, and Deputy Mayor Preciado Result, Carried (4 to 0)
Item 5.5 headings:
A) RESOLUTION NO 2023-001 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM B) RESOLUTION NO 2023-002 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM GRANT FUNDS (4/5 VOTE REQUIRED)
6. PUBLIC COMMENTS
Attachments
|
Public Comments
1. Graves _ Public Comments 1_17.pdf
2. Item 6 - PC - Alan Curry.pdf
3. PC - Written Communications. Raso.pdf
4. PC - Written Communications. Puga.pdf
Jose Puga, representing Teamsters Local 683, distributed written communications and spoke regarding MTS employment conditions.
Charles Lovekin, Chula Vista resident, expressed concern regarding homelessness.
John Acosta, Chula Vista resident, spoke regarding Councilmembers interacting with their districts.
Joe Magares spoke in support of the Council prioritizing the Asian Pacific American cultural corridor.
Lillie Herbert, Chula Vista resident, spoke in support of trash service assistance for disabled persons in the City. Mayor McCann referred the matter to the City Manager.
Cheryl Perez expressed concern regarding the District 3 City Councilmember vacancy being filled by appointment.
Mary D spoke in support of allowing clapping during City Council meetings and in opposition to the SANDAG mileage tax.
Adan Cardoza, Chula Vista resident, spoke in opposition to the SANDAG mileage tax and expressed concern regarding increasing rents.
Char D' Ambrosia expressed concern regarding public transportation and unfinished construction.
The following members of the public spoke in opposition to the SANDAG mileage tax and in support of the Mayor serving on the SANDAG board:
Barbara
Bibian Harrison, Chula Vista resident
The following members of the public spoke in opposition to the SANDAG mileage tax:
Connie Milligan, Chula Vista resident
Delia Cervantes, Chula Vista resident
Anna
Alan C
Marianna Saporara, Chula Vista resident
Eli Komai
Noemi Abrego, Chula Vista resident
Cindy D.
The following members of the public submitted a request to speak but were not present when called upon:
Olivia Garcia
Katie Leon
Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance.
Mayor McCann recessed the meeting at 5:57 p.m. The Council reconvened at 6:10 p.m., with all members present.
7. BOARD AND COMMISSION REPORTS
Public Comments:
7.1 Commission on Aging Final Report of Activities through January 5, 2023 Attachments
|
Public Comments
1. Item 7.1 - Additional Information.pdf
Commission
on Aging Chair Persichelli gave a report on the item.
8. PUBLIC HEARINGS
Public Comments:
8.1 Development Agreement: Approve the Second Amendment to the Otay Ranch Eastern Urban Center Development Agreement Between the City of Chula Vista and McMillin Otay Ranch, LLC Attachments
|
Public Comments
1. Staff Report - Otay Ranch Eastern Urban Center DA with McMillin Otay Ranch, LLC - 23-0029.pdf
2. Ordinance(1).pdf
3. Attachment 1 - Exhibit 1 to Ordinance - Lot 1 and 19 with Lot 1 Hotel Site.pdf
4. Attachment 2 - Second Amendment to Millenia Development Agreement.pdf
5. Item 8.1 - Millenia DA Amendment.pdf
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.
Special Projects Manager Evans 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.
Todd Galarneau thanked staff and spoke in support of the project.
Moved by
Mayor McCann
Seconded by
Deputy Mayor Preciado
To place the ordinance on first reading, heading was read, text waived. The motion carried by the following vote:
Yes (4)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, and Deputy Mayor Preciado Result, Carried (4 to 0)
Item 8.1 heading:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OTAY RANCH, LLC. (FIRST READING)
Mayor McCann recessed the meeting at 7:53 p.m. The Council reconvened at 8:05 p.m., with all members present.
8.2 Zoning Administrator Appeal: US Super Gas, Inc. Conditional Use Permit for the Sale of Alcohol at 1495 Melrose Avenue Attachments
|
Public Comments
1. Staff Report Zoning Administrator Appeal - CUP for Sale of Alcohol at 1495 Melrose Ave. - 23-0017.pdf
2. Resolution.pdf
3. Attachment 1 - Locator Map.pdf
4. Attachment 2 - ABC Letter to CVPD - 05-17-2022 (1)_Redacted.pdf
5. Attachment 3 - City Council Resolution No. 2012-225 -11-20-2012.pdf
6. Attachment 4 - CUP18-0023 - Notice of Decision - 02-15-2019.pdf
7. Attachment 5 - US Super Gas, Inc. Appeal - 12-15-2022 (1)_Redacted.pdf
8. Attachment 6 - CUP22-0023 - Notice of Decision - 12-02-2022.pdf
9. Attachment 7 - Appellant's Screenshot of ABC Webpage - 11-15-2022.pdf
10. Attachment 8 - Email Exchange Between Appellant and ABC - 11-15-2022 (1)_Redacted.pdf
11. Attachment 9 - Zoning Administrator's Screenshot of ABC Webpage - 11-22-2022.pdf
12. Item 8.2 Presentation.pdf
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.
City Attorney Googins provided information on the proceedings and advised the City Council to disclose all ex parte communications regarding the item. Councilmembers reported the following ex parte communications:
Mayor McCann stated that he had a phone conversation with David Bejarano, representing the applicant, in support of granting U.S. Super Gas the conditional use permit.
Deputy Mayor Preciado stated that he had a phone conversation with Marco Polo Cortes, representing the applicant, in support of granting U.S. Super Gas the conditional use permit.
Councilmember Chavez reported no ex parte communications.
Councilmember Cardenas stated that she received an email from Marco Polo Cortes, representing the applicant, in support of granting U.S. Super Gas the conditional use permit and provided the communication to the City Clerk. City Clerk Bigelow stated the email had been forwarded to the City Council and would be added to the record.
Planning Manager Phillips gave a presentation on the item and responded to questions of the City Council.
Outside counsel, Kevin Sullivan, spoke regarding the process for the item.
Mayor McCann opened the public hearing.
Marco Polo Cortes and David Bejarano, representing the applicant, gave a presentation and spoke in support of the U.S. Super Gas being granted the conditional use permit.
Alan C. spoke in support of U.S. Super Gas being granted the conditional use permit.
There being no further members of the public who wished to speak, Mayor McCann closed the public hearing.
Planning Manager Phillips responded to comments made by the applicant. Outside counsel, Kevin Sullivan, spoke regarding the City Council’s options to take action on the item.
City Council discussion ensued.
Moved by
Councilmember Cardenas
Seconded by
Councilmember Chavez
To overturn the Zoning Administrator decision to deny the project and to direct staff to return at a future City Council meeting with a resolution with appropriate findings supporting approval of the project with appropriate conditions.
Yes (3)
Councilmember Cardenas, Councilmember Chavez, and Deputy Mayor Preciado No (1)
Mayor McCann
Result, Carried (3 to 1)
9. ACTION ITEMS
Public Comments:
9.1 District 3 City Councilmember Vacancy: Nominate Applicants to be Interviewed, Determine a Date and Time to Conduct the Interviews, and Potentially Take Related Action Regarding Procedures for Interviews and Nominations Attachments
|
Public Comments
1. Staff Report - District 3 Councilmember Nominations and Process - 23-0027.pdf
2. Attachment 1 - Qualified Applications.pdf
3. Attachment 2 - Public Outreach Log.pdf
4. Attachment 3 - 2015 Interview Questions.pdf
5. Item 9.1 District 3 Nominations.pdf
6. Item 9.1 Nomination Sheets.pdf
City Clerk Bigelow gave a presentation on the item.
Eli Komai, spoke regarding the process for filling the vacancy and in support of as many applicants as possible being interviewed.
John Acosta, Chula Vista resident, spoke in support of the appointed member reflecting the community.
The following members of the public expressed interest in being considered for the appointment:
Doug Wolf, Chula Vista resident
Sophia Rodriguez, Chula Vista resident
Victor Lopez, Chula Vista resident
David Diaz, Chula Vista resident
The following members of the public spoke in support of Nimpa Akana.
Noraliza A. Rodriguez, who also spoke on behalf of Patricia O'Mara, former Deputy District Attorney Arlene Subarich, who also spoke on behalf of Edna Concepcion Zulema Maldonado, Chula Vista resident
Diana Marjip Chu
Michael Gorski, Chula Vista resident
Joe Magares
Michael McCabe, Chula Vista resident
Alan C. spoke in support of selecting the best applicant for the position.
Vic Bianes, Bonita resident, spoke on behalf of Dan Hom representing Focuscom Inc., spoke regarding diversity on the City Council.
Kathy N., Chula Vista resident, spoke in support of interviewing all applicants.
Cheryl Perez spoke in support of all applicants being interviewed and in support of Nimpa Akana and Tanya Williams.
Mary Davis spoke in support of all applicants being interviewed and of a bi-partisan appointment.
Delia Dominguez Cervantes, Chula Vista resident, spoke in support of all applicants being interviewed and of non-partisan consideration of applicants.
The following members of the public spoke in support of David Diaz:
Veronica Ferguson, Chula Vista resident
Henrietta Paramo, Chula Vista resident
Anna spoke in opposition to the vacancy being filled by City Council appointment and in support of all applicants being interviewed.
Council discussion ensued.
City Clerk distributed and collected the nomination forms.
Mayor McCann recessed the meeting at 9:38 p.m. The Council reconvened at 9:52 p.m., with all members present.
City Clerk Bigelow displayed the nominations and announced the list of finalists based on the tally of nomination forms. .
Moved by
Mayor McCann
Seconded by
Councilmember Cardenas
To ratify the nominations of the following applicants: Nimpa Akana, Devonna Almagro, Griselda Delgado, David Diaz, Ghio Gian, Alonso Gonzalez, Victor Lopez, Daniel Rice Vasquez, Sophia Rodriguez, and Tanya Williams. The motion carried by the following vote:
Yes (4)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, and Deputy Mayor Preciado Result, Carried (4 to 0)
City Clerk Analyst Hernandez gave a presentation on the interview process.
Moved by
Mayor McCann
Seconded by
Deputy Mayor Preciado
To conduct interviews to fill the vacancy at the next regularly scheduled City Council meeting, January 24, 2023, at 5 p.m. The motion carried by the following vote:
Yes (4)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, and Deputy Mayor Preciado Result, Carried (4 to 0)
City Clerk Bigelow gave a presentation regarding related actions.
Council discussion ensued.
There was a consensus of the City Council on the following matters:
Each City Councilmember would ask two questions, for a total of eight questions; the same eight questions would be asked of all candidates.
Finalists must be physically present to be interviewed and qualified for consideration.
Interviews would be 20 minutes long, consisting of the candidate’s opening statement (up to three minutes), questions from the Council and responses by the candidate, and a closing statement by the candidate (up to two minutes).
Out of respect for the interview process, all finalists would be asked to wait in the main City Hall lobby until their interview.
The City Council intended to make the appointment at the meeting on January 24 and the newly appointed Councilmember would immediately take their oath of office.
A similar process to the 2015 City Council appointment process would be used to nominate finalists for appointment: The Mayor and all City Councilmembers, in seniority order, would have the opportunity to make a motion and request a second. Each such nomination would be held without action until each City Councilmember had the opportunity to make a nomination. The nominations would be taken up for a vote in the same seniority-based order. If a motion failed, the next motion in rotation would be voted upon. If none of the initial motions received three or more votes, the rotation of making a nomination again would begin in the same seniority order; provided, however, that after the first round of nominations, any motion for an appointment that received a second would be immediate voted upon.
10. CITY MANAGER’S REPORTS
Public Comments:
City Manager Kachadoorian recognized Public Works for their response to the recent rainstorms.
11. MAYOR’S REPORTS
Public Comments:
11.1 Appointment of City Councilmembers to Outside Agencies Attachments
|
Public Comments
1. Council Committee Appointments - List 2023-01-17 Meeting.pdf
2. Item11.1 Appointment Proposals - Outside Agencies.pdf Moved by
Mayor McCann
Seconded by
Deputy Mayor Preciado
To make the following appointments to outside agencies, as presented by Mayor McCann. The motion carried by the following vote:
Mayor McCann: Metropolitan Transit System Board of Directors (MTS) – Member (Mayor), Chula Vista Bayfront Facilities Financing Authority Board of Directors – Member, Chula Vista University Subcommittee – Member (internal subcommittee of the Council), University Project Task Force with Southwestern College – Member, Chula Vista Veterans Home Support Foundation – Member, International Council for Local Environmental Initiatives (ICLEI) – Member, League of California Cities San Diego Division – Member, San Diego Community Power Authority – Member Councilmember Chavez: San Diego Association of Governments (SANDAG) Board of Directors – 1 st
Alternate, Metropolitan Transit System Board of Directors (MTS) – 2 nd
Member (Councilmember), South County Economic Development Council (EDC) – Member, Chula Vista Veterans Home Support Foundation – Alternate, League of California Cities San Diego Division – Alternate, Otay Ranch Preserve Owner Manager (POM) Policy Committee – Alternate, San Diego Community Power Authority – Alternate Councilmember Preciado: San Diego Association of Governments (SANDAG) Board of Directors – 2 nd
Alternate, Interagency Water Task Force – Member, Metropolitan Wastewater Commission (Metro) – Member Councilmember District 3: Interagency Water Task Force – Member, Chula Vista University Subcommittee – Member (internal subcommittee of the Council), University Project Task Force with Southwestern College – Member, Otay Valley Regional Park (OVRP) Policy Committee – Alternate, Metropolitan Wastewater Commission (Metro) – Alternate, Otay Ranch Preserve Owner Manager (POM) Policy Committee – Member Councilmember Cardenas: San Diego Association of Governments (SANDAG) Board of Directors – Member, Metropolitan Transit System Board of Directors (MTS) – Alternate, Chula Vista Bayfront Facilities Financing Authority Board of Directors – Member, South County Economic Development Council (EDC) – Alternate, Otay Valley Regional Park (OVRP) Policy Committee – Member, International Council for Local Environmental Initiatives (ICLEI) –Alternate Yes (4)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, and Deputy Mayor Preciado Result, Carried (4 to 0)
12. COUNCILMEMBERS’ COMMENTS
Public Comments:
Councilmember Chavez spoke regarding her attendance at the recent promotion ceremony of the Chula Vista Police Department and she congratulated newly appointed Assistant Police Chief Collum on his promotion and for the recent recognition by the LGBTQ San Diego County News.
Deputy Mayor Preciado thanked City staff for their continued attentiveness and responsiveness to his inquiries regarding City processes and procedures. Deputy Mayor Preciado spoke regarding homelessness in the City and in support of the Bridge Shelter. He also responded to public comments that had been made regarding SANDAG and a mileage tax.
At the request of Councilmember Cardenas, there was a consensus of the City Council to direct staff to explore and return with options for the City to assist with the wage discrepancies sited in a recent letter from Teamsters Local 89.
13. CITY ATTORNEY'S REPORTS
Public Comments:
13.1 Discussion and Possible Action Regarding Appointment Process for an Interim/Acting City Attorney Attachments
|
Public Comments
1. Item 13.1 Appointment Process Acting City Atty.pdf
City Attorney Googins gave a presentation on the item and responded to questions of the Council.
Moved by
Mayor McCann
Seconded by
Councilmember Cardenas
To appoint an ad-hoc committee consisting of Mayor McCann and Councilmember Chavez to implement the process recommended by City Attorney Googins to select a temporary interim/acting City Attorney. The motion carried by the following vote:
Yes (4)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, and Deputy Mayor Preciado Result, Carried (4 to 0)
14. CLOSED SESSION
Public Comments:
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney.
City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below.
Councilmember Preciado spoke in support of scheduling a City Council briefing on existing litigation and other legal matters.
Mayor McCann recessed the meeting at 11:02 p.m. The Council convened in Closed Session at 11:07 p.m., with all members present.
14.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Public Comments:
A) Name of case: City of Imperial Beach, et al. v. The International Boundary & Water Commission-United States Section, United States District Court, Case No. 18-cv-0457 JM JLB Action:
Pending Finalization of Settlement
B) 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 Item not discussed
C) Name of case: UL Chula Two LLC v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-41554-CU-MC-CTL Item not discussed
D) Name of case: Chula Vista Cannabis Village Inc. v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-41802-CU-MC-CTL Item not discussed
15. ADJOURNMENT
Public Comments:
The meeting was adjourned at 11:14 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk