City of Chula Vista
Regular City Council Meeting
MINUTES
November 28, 2023, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, Mayor McCann
Absent: Councilmember Cardenas
Also Present: City Manager Kachadoorian ; Jill Maland representing Lounsbery Ferguson Altona & Peak LLP , Interim Acting City Attorney; City Clerk Bigelow; Deputy Director of City Clerk Services Turner
Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 5:00 p.m.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Chavez led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
4.1 Presentation b y Sweetwater Authority Director of Finance Rich Stevenson Regarding Water Rate Study
Director of Finance Rich Stevenson representing Sweetwater Authority gave a presentation.
5. CONSENT CALENDAR (Items 5.1 through 5.10)
Items 5.2 through 5.10 were removed from the consent calendar at the request of members of the public.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To approve the recommended actions appearing below consent calendar Item 5.1. The heading was read, text waived. The motion was carried by the following vote:
Clerk Note: Excused absence
pending Council approval.
2023-11-28 City Council Regular Meeting Minutes
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
5.1 Approve Meeting Minutes
Approval of the minutes dated: November 14, 2023.
ITEMS REMOVED FROM THE CONSENT CALENDAR
5.2 Waive Reading of Text of Resolutions and Ordinances Alan C. spoke in opposition to the item.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
5.3 Consider Requests for Excused Absences
The following members of the public spoke in opposition to the item:
Paul Henkin
John Acosta, Chula Vista resident
Consuelo
Robert Johnson submitted written comments in opposition to the item.
Moved by Councilmember Gonzalez
Seconded by Councilmember Chavez
To approve an excused absence request from Councilmember Cardenas for the November 14, 2023, City Council meeting. The motion was carried by the following vote:
Yes (3): Councilmember Chavez, Councilmember Gonzalez, and Deputy Mayor Preciado
No (1): Mayor McCann
Result, Carried (3 to 1)
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5.4 Gaming Operations: Amend Chula Vista Municipal Code Chapter 5.20 and the Chula Vista Gaming Plan to Authorize an Existing Licensee to Hold More Than Two City Licenses, Subject to the Maximum Nu mber of Licenses Allowed by Law
The following members of the public spoke in opposition to the item:
Mark
Paul Henkin
Robert Johnson submitted written comments in opposition to the item.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To adopt Ordinance No.3558, the heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 5.4 heading:
ORDINANCE NO. 355 8 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 5.20.035 TO AUTHORIZE A LICENSEE TO
HOLD MORE THAN TWO CITY LICENSES, SUBJECT TO THE MAXIMUM
NUMBER OF CITY LICENSES ALLOWED BY LAW (SECOND READING AND
ADOPTION)
5.5 Objective Design Standards: Amend the Municipal Code to Adopt the Objective Design Standards for Housing and Mixed -Use Projects to Comply with State Laws
The following members of the public spoke in opposition to the item:
John Acosta, Chula Vista resident
Mark
Paul Henkin
Alan C.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To adopt Ordinance No. 3559, the heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
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Item 5.5 heading:
ORDINANCE NO. 3559 OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE SECTION 19.58.460 TO ADOPT OBJECTIVE DESIGN
STANDARDS FOR MULTI-FAMILY RESIDENTIAL AND MIXED-USE PROJECTS
TO COMPLY WITH STATE HOUSING LAWS (SECOND READING AND
ADOPTION)
5.6 Contract Amendment: Approve an Amendment to the Contract with the Board of Administration and CalPERS for Local 2180 International Association of Fire Fighters Classic Members to Make an Additional Contribution Pursuant to Government Code Section 20516
The following members of the public spoke in opposition to the item:
Mark
Paul Henkin
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Ordinance No.3560, the heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 5.6 heading:
ORDINANCE NO. 3560 OF THE CITY OF CHULA VISTA AUTHORIZING THE
AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT
SYSTEM TO PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE 2180 INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS OF ONE PERCENT OF SALARY
EFFECTIVE JANUARY 12, 2024 (SECOND READING AND ADOPTION)
5.7 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending September 30, 2023 (First Quarter Report), and Appropriate Funds to Implement Required Budget Adjustments The following members of the public spoke in opposition to the item:
John Acosta, Chula Vista resident
Alan C.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To accept the quarterly financial report for the quarter ended September 30, 2023 (First Quarter Report) and to adopt Resolution No. 2023 -184, the heading was read, text waived. The motion was carried by the following vote:
2023-11-28 City Council Regular Meeting Minutes
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 5.7 heading:
RESOLUTION NO. 2023-184 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023 -24
BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS
THEREFOR (4/5 VOTE REQUIRED)
5.8 Investment Report: Quarter Ending September 30, 2023 Mark spoke in opposition to the item.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To accept the investment report for the quarter ending on September 30, 2023. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
5.9 Waiver of Development Impact Fees: Waiving Parkland Acquisition Fees, Parkland Development Fees, and Residential Construction Tax for the Proposed 55-Unit Congregational Suites Senior Affordable Housing Project The following member of the public spoke in opposition to the item:
Mark
Alan C.
Paul Henkin
Delia Dominguez Cervantes
John Acosta, Chula Vista resident
Laurie Orange, representing Community Congregational Development Corporation, spoke in support of the item.
Madeline Corbeil submitted written comments in opposition to the item.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To adopt Resolution No. 2023-185, the heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
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Item 5.9 heading:
RESOLUTION NO. 2023-185 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING PARKLAND IN -LIEU FEES AND RESIDENTIAL
CONSTRUCTION TAX FOR A 100 PERCENT AFFORDABLE SENIOR HOUSING
PROJECT NAMED CONGREGATIONAL SUITES
The meeting was recessed at 7:17 p.m. and resumed at 7:31 p.m.
5.10 Agreement: Approve an Agreement with AT&T Corporation to Provide the City with a Secure Private and Redundant Fiber Network Solution The following members of the public spoke in opposition to the item:
Mark
Consuelo
Alan C.
Robert Johnson submitted written comments expressing a neutral position.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To adopt Resolution No. 2023-186, the heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 5.10 heading:
RESOLUTION NO. 2023-186 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE PROPOSAL AND AWARDING AN AGREEMENT TO
AT&T CORPORATION TO DEVELOP A SECURE PRIVATE NETWORK
SOLUTION
6. PUBLIC COMMENTS
Joseph Raso, Chula Vista resident, expressed concern regarding the Tenant Protection Ordinance.
The following members of the public spoke regarding issues related to homelessness:
John Fischer
Brandon Claypool
L. Ramos, and he thanked the Mayor for responding to his inquiry.
Dan Castillo acknowledged City staff.
John Acosta, Chula Vista resident, spoke regarding City Attorney candidates and Councilmembers.
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The following members of the public spoke regarding water rates:
Alan C
Mark
Paul Henkin
Delia Dominguez Cervantes and she spoke regarding Harborside Park.
Sara Ochoa, Chula Vista resident, spoke regarding City matters and thanked the City Council.
Consuelo spoke regarding candidates for the County Board of Supervisors.
Robert Johnson spoke reg arding various matters and submitted written comments regarding SANDAG.
7. PUBLIC HEARINGS
7.1 HUD Entitlement Grants and Appropriation: Adopt a Second Amendment to the U.S. Department of Housing and Urban Development Fiscal Year 2023/24 Annual Action Plan, Amend Subrecipient Agreement with SBCS Corporation, and Appropriate Funds
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.
Mayor McCann opened the public hearing.
The following members of the public spoke regarding the item:
John Acosta, Chula Vista resident
Alan C.
Mark
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 Chavez
To adopt Resolution No. 2023-187, the heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 7.1 heading:
RESOLUTION NO. 2023-187 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SECOND AMENDMENT TO THE 2023/24 UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL
ACTION PLAN, AMEN DING EXISTING SUBRECIPIENT AGREEMENT WITH SBCS CORPORATION, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE
REQUIRED)
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8. ACTION ITEMS
8.1 Long-Term Financial Plan: Accept the General Fund Long -Term Financial Plan for Fiscal Years 2025-2034
Assistant Director Finance Del Rio; Budget and Analysis Manager Prendell; and Sean Windle, representing Beacon Economics, gave a presentation.
The following members of the public spoke in opposition to the item:
Alan C.
Mark
Consuelo
Paul Henkin
Moved by Mayor McCann
Seconded by Councilmember Chavez
To accept the General Fund Long -Term Financial Plan – Fiscal Years 2025-2034 report. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
8.2 Privacy Protection and Technology Advisory Commission: Discuss and Determine Procedures to Nominate and Appoint the Initial Commissioners, and Make the Nominations and Appointments
Deputy Director of City Clerk Services Hernandez gave a presentation on the item.
The following members of the public spoke in opposition to the item:
Alan C.
Mark
Paul Henkin
Robert Johnson
Consuelo
Mayor McCann announced that the remaining appointments for the District 4 seat, General nominations, and City Manager’s nominations would be heard at the next City Council meeting.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Gonzalez
To nominate and appoint Pati Ruiz to the Privacy Protection and Technology Advisory Commission as Deputy Mayor Preciado's nomination. The motion was carried by the following vote:
2023-11-28 City Council Regular Meeting Minutes
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
Moved by Councilmember Chavez
Seconded by Mayor McCann
To nominate and appoint Eric Wood to the Privacy Protection and Technology Advisory Commission as Councilmember Chavez's nomination. The motion carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
Moved by Councilmember Gonzalez
Seconded by Deputy Mayor Preciado
To nominate and appoint Robert Godinez to the Privacy Protection and Technology Advisory Commission as Councilmember Gonzalez's nomination. The motion carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
9. CITY MANAGER’S REPORTS
There were none.
10. MAYOR’S REPORTS
Mayor McCann made community announcements.
11. COUNCILMEMBERS’ COMMENTS
There were none.
12. CITY ATTORNEY'S REPORTS
There were none.
13. ADJOURNMENT
The meeting was adjourned at 9:27 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk