City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
February 21, 2023, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, Mayor McCann
Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner
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 5:06 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 City Attorney Googins led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation to Senior Electronics Technician Olric Forde in Recognition of His Retirement and 24 Years of Servi ce with the City of Chula Vista
Mayor McCann read the proclamation and Councilmember Cardenas presented it to Senior Electronics Technician Forde. Councilmembers congratulated Senior Electronics Technician Forde and spoke of his accomplishments.
4.2 Presentation of a Proclamation to City Attorney Glen Googins Proclaiming February 22, 2023 as Glen Googins Day in the City of Chula Vista Mayor McCann read the proclamation and presented it to City Attorney Googins.
Councilmembers offered departing comments and gratitude. 2023-02-21 City Council Regular Meeting Minutes
5. CONSENT CALENDAR (Items 5.1 through 5.7)
Item 5.4 was removed from the Consent Calendar at the request of a member of the public.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3 and Items 5.5 through 5.12. The headings were read, text waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
5.1 Approval of Meeting Minutes
Approve the minutes dated: February 14, 2023.
5.2 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.
5.3 Consideration of Request for Excused Absences
Consider request for excused absences as appropriate. No requests were received at that meeting.
5.5 Agreement: Approve an Exclusive Lease Listing Agreement w ith CBRE Group, Inc. for Millenia Lots 1 and 7
Adopt a resolution waiving the consultant selection process, approving the Exclusive Lease Listing Agreement with CBRE Group, Inc., and authorizing the City Manager to execute the agreement.
Item 5.5 heading:
RESOLUTION NO. 2023-017 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY’S CONSULTANT SELECTION PROCESS AND
APPROVING AN EXCLUSIVE LEASE LISTING AGREEMENT WITH CBRE GROUP, INC. FOR MILLENIA LOTS 1 AND 7
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5.6 Agreement: Approve a Master L icense Agreements with Dish Wireless, LLC to Install and Operate Macro Cell Wireless Telecommunication Facilities on City Property
The following members of the public submitted written documentation in opposition to the item, but did not wish to speak:
Anna
Barbara Todd
Diana MJC
Lois
Minnie
Lillie
Cindy
Olivia
Adopt the resolution authorizing the City Manager to enter into a Master License Agreement with Dish Wireless, LLC to install and operate Macro Cell Wireless Telecommunications Facilities on City Property.
Item 5.6 heading:
RESOLUTION NO 2023-018 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A MASTER LICENSE AGREEMENT WITH DISH
WIRELESS, LLC TO INSTALL AND OPERATE MACRO CELL WIRELESS
TELECOMMUNICATION FACILITIES ON CITY PROPERTY
5.7 Ratification of Appointment: City Manager’s Appointment of the Assistant City Manager – Tiffany Allen
David Gonzales submitted written communications in opposition to staff's recommendation.
Adopt a resolution ratifying the City Manager’s appointment of Tiffan y Allen as Assistant City Manager.
Item 5.7 heading:
RESOLUTION NO. 2023-019 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE CITY MANAGER’S APPOINTMENT OF ASSISTANT CITY MANAGER – TIFFANY ALLEN
ITEM REMOVED FROM THE CONSENT CALENDAR
5.4 City Elections: Adopt an Ordinance to Adjust Campaign Contribution Limit for Any Election Held on or After January 1, 2024 and Amend Various Sections of Chula Vista Municipal Code Chapter 2.52 Accordingly (Second Reading)
John Acosta, Chula Vista resident, expr essed concern regarding campaign contributions.
Moved by Deputy Mayor Preciado
Seconded by Mayor McCann
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To adopt Ordinance No. 3543, heading read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 5.4 heading:
ORDINANCE NO. 3543 OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHULA VISTA MUNCIPAL CODE CHAPTER 2.52 TO ADJUST
THE CAMPAIGN CONTR IBUTION LIMIT FOR ANY ELECTION HELD ON OR AFTER JANUARY 1, 2024.
6. PUBLIC COMMENTS
Mary D, spoke in support of allowing clapping at City Council meetings and in opposition to a mileage tax.
Brandon Claypool, Chula Vista resident, spoke in support of individuals experiencing homelessness.
The following members of the public spoke in opposition to the tenant protection ordinance:
Joseph Raso, Chula Vista resident
Mary Raso, Chula Vista resident
Deborah Schlemmer spoke in support of installing cameras in city parks.
At the request of Deputy Mayor Preciado, there was a consensus of the City Council to make a referral to the City Manager to investigate a lighting and safety study in appropriate areas and make recommendations on how to respond to safety-related issues.
City Manager Kachadoorian spoke of the City's efforts related to a Citywide technology proposal.
John Acosta, Chula Vista resident, spoke in support of holding town hall meetings and regarding a gas tax.
Zaneta Encarnacion spoke in s upport of the LGBTQ community and in opposition to hateful rhetoric.
Michael Encarnacion spoke in support of the LGBTQ community and recognized City Attorney Googins for his service.
Alan C. spoke in support spoke in opposition to affordable housing, tax, censorship, and other matters.
Laura Wilkinson Sinton representing CV Amalgamated, spoke in support of Councilmember Cardenas recusing herself on cannabis-related matters.
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The following members of the public submitted written communications regarding the City's Welcoming City designation:
Francis X. Riley
Rev. Tania Y Marquez
Kathy Tell
Nancy Relaford
Carolyn Scofield
Ian M. Seruelo
Margaret Baker
Pati Ruiz
Jose Lopez
Wendy Gelernter
Pedro Rios
Andrea Beth Damsky
Lois K. Klepin
Kathy Hardy
7. PUBLIC HEARINGS
7.1 Community Facilities District Annexation: Public Hearing and Election for Annexation of Property located at K Street and Third Avenue, known as Casa Estilo, into CFD 17-I
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, she and Deputy City Manager Crocket and Kevin O'Neill responded to questions of the City Council.
Mayor McCann opened the public hearing.
The following members of the public spoke in opposition to staff's recommendation:
Alan C.
John Acosta
Laura
Mary D. submitted written communications in opposition to staff's recommendation.
The following members of the public submitted written documentation in opposition to the item, but did not wish to speak:
Anna
Barbara Todd
Diana MJC
Lois
Minnie
Lillie
Cindy
Olivia
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There being no further members of the public who wished to speak, Mayor McCann closed the public hearing.
City Clerk Bigelow announced that there were no registered voters within the territory proposed to be annexed within the Community Facilities District (CFD) and agreed to hold the special election for Annexation No. 2023-02 to CFD No. 17-I.
Mayor McCann recessed the meeting at 6:54 p.m. The Council reconvened at 6:59 p.m., with all members present.
City Clerk Bigelow canvassed the ballots and announced that there were two votes cast in favor of the annexation and that the proposition passed unanimously.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Gonzalez
To adopt Resolution No. 2023 -020 heading read, text waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.1 heading:
RESOLUTION NO. 2023-020 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 17 -I (WESTERN CHULA VISTA DIF
FINANCING PROGRAM), CERTIFYING THE RESULTS OF A SPECIAL
ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 17 -I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), ANNEXATION NO. 2023-02, AND ADDING SUCH TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 17 -I (WESTERN CHULA VISTA DIF FINANCING
PROGRAM)
7.2 Community Facilities District Annexation: Public Hearing and Election for Annexation of a Parcel located at Church Avenue and Davidson Street (Backhouse Apartments) Into CFD 17-I
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 Elliott gave a presentation on the item.
Mayor McCann opened the public hearing.
Alan C. spoke in opposition to staff's recommendation.
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The following members of the public submitted written documentation in opposition to the item, but did not wish to speak:
Anna
Barbara Todd
Diana MJC
Lois
Minnie
Lillie
Cindy
Olivia
There being no members of the public who wished to speak, Mayor McCann closed the public hearing.
City Clerk Bigelow announced that there were no registered voters within the territory proposed to be annexed within the Community Facilities District (CFD), and agreed to hold the special election for Annexation No. 2023-01 to CFD No. 17- I.
She canvassed the ballots and announced that there was one vote cast in favor of the annexation and that the proposition passed unanimously.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Gonzalez
To adopt a Resolution No. 2023-021, heading read, text waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.2 heading:
RESOLUTION NO. 2023-021 OF THE CITY COUNCIL OF TH E CITY OF CHULA
VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 17 -I (WESTERN CHULA VISTA DIF
FINANCING PROGRAM), CERTIFYING THE RESULTS OF A SPECIAL
ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 17 -I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), ANNEXATION NO. 2023-01, AND ADDING SUCH TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 17 -I (WESTERN CHULA VISTA DIF FINANCING
PROGRAM)
7.3 Permit Processes and Regulations: Consideration of Amendments to Various Sections of the Chula Vista Municipal Code to Streamline and Clarify Permit Processes and Regulations, Fix Outdated References, and Align with State Law
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. 2023-02-21 City Council Regular Meeting Minutes
Development Services Director Black and Sr. Planner Mallec gave a presentation on the item and responded to questions of the City Council.
Mayor McCann opened the public hearing.
Alan C. spoke in opposition to staff recommendation and in favor of transparency.
The following members of the public submitted written documentation in opposition to the item, but did not wish to speak:
Anna
Barbara Todd
Diana MJC
Lois
Minnie
Lillie
Cindy
Olivia
There being no further members of the public who wished to speak, Mayor McCann closed the public hearing.
Moved by Mayor McCann
Seconded by Councilmember Gonzalez
To place the below ordinance on first reading, heading read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.3 heading:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.24 (REDEVELOPMENT AGENCY), TITLE 6 (ANIMALS), TITLE 9 (PUBLIC PEACE, MORALS, AND WELFARE), TITLE 10 (VEHICLES AND TRAFFIC), TITLE 12 (STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 14 (WATERCOURSES), TITLE 15 (BUILDINGS AN D CONSTRUCTION), TITLE 17 (ENVIRONMENTAL QUALITY), TITLE 18 (SUBDIVISIONS), TITLE 19 (PLANNING AND ZONING), AND TITLE 21 (HISTORIC PRESERVATION) (First Reading)
8. ACTION ITEMS
8.1 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending December 31, 2022, and Appropriate Funds to Implement Required Budget Adjustments
Finance Director Schoen and Budget Manager Prendell gave a presentation on the item and responded to question of the City Council.
John Acosta, Chula Vista resident, spoke in support of the item. 2023-02-21 City Council Regular Meeting Minutes
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-022, heading read, text waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 8.1 heading:
RESOLUTION NO. 2023-022 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2022/23
BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS
THEREFOR (4/5 VOTE REQUIRED)
8.2 Appointment of Interim Acting City Attorney: Consider Approving a Contract with Lounsbery Ferguson Altona & Peak for Interim Acting City Attorney Services, and Appropriating Funds
City Attorney Googins and the ad-hoc committee spoke regarding the item.
Jim Scofield submitted written documentation in support of staff's recommendation but did not wish to speak.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt a Resolution No. 2023-023, heading read, text waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 8.2 heading:
RESOLUTION NO 2023-023 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY AND LOUNSBERY FERGUSON ALTONA & PEAK LLP (“LOUNSBERY FIRM”)
FOR INTERIM ACTING CITY ATTORNEY SERVICES, AND APPROPRIATING FUNDS THEREFOR (4/5 Vote Required)
9. CITY MANAGER’S REPORTS
There were none.
10. MAYOR’S REPORTS
Mayor McCann spoke regarding Ash Wednesday.
10.1 Ratification of Appointments to the Following Commissions:
Paula Whitsell - Housing and Homelessness Advisory Commission Marisol Edwan - Health Wellness and Aging Commission
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Mary Johnson - Health Wellness and Aging Commission
Ken Muraoka - Cultural Arts Commission
Tanya Williams - Veterans Advisory Commission
Duaine Hooker - Veterans Advisory Commission
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
Ratify the above appointments. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
11. COUNCILMEMBERS’ COMMENTS
At the request of Deputy Mayor Preciado there was a consensus of the City Council to add an item to the next agenda to consider forming an ad -hoc subcommittee to look into issues related to the City's Welcoming City designation.
Deputy Mayor Preciado spoke regarding inquires requesting City improvements and commended his staff for their responsiveness.
12. CITY ATTORNEY'S REPORTS
12.1 Brief Presentation of a Draft Campaign Contribut ion Ordinance Update and Council Consideration and Possible Action to Form an Ad -Hoc Subcommittee in Order to Finalize an Updated Ordinance for Future City Council Consideration
City Attorney Googins spoke regarding the item and responded to questions of t he City Council.
Council discussion ensued.
John Acosta, Chula Vista resident, submitted written documentation regarding the item, but was not present when called to speak.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To form an ad-hoc subcommittee of the City Council consisting of Mayor McCann and Councilmember Gonzalez to finalize an updated ordinance for future City Council consideration. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
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12.2 Farewell Remarks
City Attorney Googins gave farewell marks.
13. ADJOURNMENT
The meeting was adjourned at 8:36 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk