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Minutes

Chula Vista City Council
January 23, 2024

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Minutes
Meeting
January 23, 2024
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Chula Vista City Council
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Text extracted from the city's file for reading and search. Open the original on pub-chulavista.escribemeetings.com. That file is the official record.

1. CALL TO ORDER
Public Comments:

The meeting was called to order at 5:02 p.m.

Mayor McCann announced, pursuant to AB 23, that he and all Councilmembers would receive $50 for their attendance at that Housing Authority meeting, held simultaneously with the City Council meeting.

2. ROLL CALL
Public Comments:

City Clerk Bigelow called the roll.

3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Comments:

Led by Councilmember Preciado.

4. CONSENT CALENDAR (Items 4.1 through 4.5)
Public Comments:

Items 4.2 through 4.5 were removed from the consent calendar at the request of members of the public.

City Clerk Bigelow announced that revised draft minutes for Item 4.1 had been distributed and that action would be on the revised document.

Moved by
Mayor McCann
Seconded by
Councilmember Chavez
To approve t
he recommended actions
appearing below consent calendar Item 4.1. The
heading was read, text waived
.

The motion was carried by the following vote:

Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (5 to 0)

4.1 Approve Meeting Minutes
Attachments
|
Public Comments

1. Draft Minutes - January 9 2024 (Amended).pdf

2. Draft Minutes - January 16, 2024.pdf

PAUL HENKIN
My actual position on item 5.3 (easement) should be recorded once as neutral.

On item 7.1 (5G tower,) I did not realize that AT&T did not bother to give a presentation and that should be recorded in the minutes.

Paul Henkin submitted written comments expressing a neutral position on the item.

Approval of the minutes dated: January 9, 2024 (amended) and January 16, 2024.

ITEMS REMOVED FROM THE CONSENT CALENDAR

4.2 Waive Reading of Text of Resolutions and Ordinances Public Comments:

Moved by
Mayor McCann
Seconded by
Deputy Mayor Gonzalez
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 (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (5 to 0)

4.3 Fund Appropriation: Appropriation of Successor Housing Agency Funds for the Homelessness Prevention Program and Development of a Landlord Incentive Program Attachments
|
Public Comments

1. Staff Report Housing Authority Successor Agency Funds Appropriation - 24-0029.pdf

2. Resolution.pdf

3. Written Communications - Item 4.3 - Acosta Rcvd. 1.22.2024.pdf

4. Written Communications Rodriguez Rcvd 1.23.2024.pdf
J Turner
This program should be covered by the General Fund to align with the City's Tenant Protection Ordinance.

These housing funds cannot be used for landlord incentives or to pay for damages. Review the state regulations before making these decisions as it is an illegal use of funds. Also, the report states the funds will be used to pay two months of security deposit. A new state law is going into effect that states the maximum is 1 month that is required for security deposits (as previously presented to City Council).

JC Rodriguez
Paying property owners/investors with our housing money is a bad idea. Help the people. Use the money to building the housing we need. How is that an eligible use of these dollars to help homeless? It isn't.

The following members of the public spoke in opposition to the item:

Alan C.

John Acosta, Chula Vista resident
Joseph Raso, Chula Vista resident
Consuelo
The following members of the public submitted written comments in opposition to the item:

J Turner
JC Rodriguez
Moved by
Mayor McCann
Seconded by
Councilmember Preciado
To adopt City Council Resolution No. 2024-014 and Housing Authority Resolution No. 2024-001 the heading was read, text waived. The motion was carried by the following vote:

Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (5 to 0)
Item 4.3 heading:

RESOLUTION NO. 2024-014 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND NO. 2024-001 OF THE HOUSING AUTHORITY AUTHORIZING AND APPROPRIATING THE USE OF SUCCESSOR HOUSING AGENCY FUNDS FOR THE IMPLEMENTATION OF A LANDLORD INCENTIVE PROGRAM AND A HOMELESSNESS PREVENTION PROGRAM (4/5

VOTE REQUIRED)

4.4 Council Policy: Amend Council Policy 104-01 to Update the Order of Business at City Council Meetings Attachments
|
Public Comments

1. Staff Report Amendment of Council Policy 104-01 - 24-0040.pdf

2. Attachment 1 Proposed Amended 104-01 Order of Business at City Council Meetings.pdf

3. Resolution Amending Council Policy 104-01.pdf

4. Exhibit 1 to Resolution.pdf

PAUL HENKIN
I appreciate the change to two opportunities for public comment.

I think that the words "items removed from the consent calendar for discussion" should be added to action items." The following members of the public spoke in opposition to the item:

Alan C.

John Acosta, Chula Vista resident
Consuelo
Paul Henkin submitted written comments expressing a neutral position on the item.

Moved by
Councilmember Preciado
Seconded by
Councilmember Cardenas
To adopt Resolution No. 2024-015, the heading was read, text waived. The motion was carried by the following vote:

Yes (4)
Councilmember Cardenas, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez No (1)
Mayor McCann
Result, Carried (4 to 1)
Item 4.4 heading:

RESOLUTION NO. 2024-015 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 104-01 (ORDER OF BUSINESS AT CITY COUNCIL MEETINGS)

4.5 Grant Award: Accept grant from the California Department of Justice for Tobacco Grant Program Attachments
|
Public Comments

1. Staff Report Tobacco Grant 2024 - 23-0308.pdf

2. Resolution(3).pdf

3. Attachment 1.pdf
John Acosta, Chula Vista resident, spoke regarding matters related to homelessness:

Moved by
Councilmember Preciado
Seconded by
Mayor McCann
To adopt Resolution No. 2024-016, the heading was read, text waived. The motion was carried by the following vote:

Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (5 to 0)
Item 4.5 heading:

RESOLUTION NO. 2024-016 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE CALIFORNIA DEPARTMENT OF JUSTICE FOR THE TOBACCO GRANT PROGRAM AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

5. PUBLIC COMMENTS
Attachments
|
Public Comments

1. Written Communications - Public Comment - Alan C. Rcvd. 1.19.2024.pdf

2. Written Communications - Public Comment - Alan C. Rcvd. 1.19.2024 (2).pdf

3. Written Communications - Public Comment - Alan C. Rcvd. 1.22.2024.pdf

4. Public Comment - Acosta - Rcvd. 1.22.2024.pdf

5. Written Communications - Public Comment - Raso Rcvd. 1.22.2024.pdf

6. Written Communications - Public Comment - Raso Rcvd 1.23.2024.pdf robert johnson
im still here. short meeting tonight. see you tomorrow. HOMLESS MEETING The following members of the public spoke regarding various matters:

Alan C.

John Acosta, Chula Vista resident
Consuelo
Matthew Fischer, representing Eastlake Little League, spoke regarding park fees and maintenance.

Joseph Raso, Chula Vista resident, spoke regarding tenant protections.

Mary Davis spoke regarding the University Now Initiative update and various other matters.

The following members of the public spoke regarding matters related to homelessness:

Ricky Zazueta, Chula Vista resident
Christine Brady, Chula Vista resident
Leticia Lares, Chula Vista resident
Joann Fields, Chula Vista resident, representing the API Initiative, spoke regarding emergency services related to recent rainstorms.

Delfina Gonzalez, Chula Vista resident, spoke regarding her attendance at a recent candidate forum.

Carolina Ramirez, Chula Vista resident, spoke in support of a dog park in South West Chula Vista and adding slats to the fence on Industrial Blvd.

Robert Johnson submitted written comments.

The meeting was recessed at 7:11 p.m. and resumed at 7:33 p.m.

6. PUBLIC HEARINGS
Public Comments:

6.1 Housing Annual Reporting: Federal Block Grant Programs Funding Priorities for Fiscal Year 2024/25 Attachments
|
Public Comments

1. Staff Report Federal Block Grant Programs Funding Priorities for Fiscal Year 2024-25 - 24-0005.pdf

2. Written Communications. Item 6.1. Alan C. Rcvd 1.22.2024.pdf

3. Item 6.1 - HUD 24-25 AAP Kick-Off Public Hearing.pdf robert johnson
i dont see any of the emails show in the staff report let alone all the slide were not in it./ 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.

Mayor McCann opened the public hearing.

The following members of the public spoke in opposition to the item:

Alan C., and he spoke on behalf of Sandra S., Eli Komai, and Mary D.

John Acosta, Chula Vista resident
Christine Brady, Chula Vista resident, spoke regarding arts and culture in District 4 and matters related to homelessness.

Delfina Gonzalez spoke regarding sidewalks in District 4.

Robert Johnson submitted written comments.

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

No action was takin on this item.

6.2 Policy, General Plan, and Chula Vista Municipal Code Updates: Growth Management Policies, Public Facilities Financing Plans, and Development Services Department Appeal Procedures Attachments
|
Public Comments

1. Staff Report - Policy, General Plan, and Code Updates - 24-0019.pdf

2. Resolution .pdf

3. Ordinance .pdf

4. Attachment 1 - Planning Commission Resolution.pdf

5. Attachment 2 Draft Amendments to GP Land Use Element.pdf

6. Attachment 3 - Draft Amendments to GP Housing Element.pdf

7. Revised Attachment 4 - Draft Amendments to GP Housing Element.pdf

8. Attachment 4 - Draft Amendments to GP Environmental Element.pdf

9. Attachment 5 - Draft Amendments to GP Implementation Plan.pdf

10. Attachment 6 - Draft Amendments to CVMC Chapter 19.92.pdf

11. Attachment 7 - Draft Amendments to PFFP Guidelines.pdf

12. Attachment 8 - Draft Amendments CVMC Titles 1, 9, 10, 12, 15, 17-19, and 21.pdf

13. Attachment 9 - Exhibit 1 to Resolution - Draft Amendment Master Fee Schedule No. 14-100.pdf

14. Item 6.2 - Policy, GP and CVMC Updates.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.

Senior Planner Mallec gave a presentation on the item.

Mayor McCann opened the public hearing.

The following members of the public spoke in opposition to the item:

John Acosta, Chula Vista resident
Alan C.

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

Moved by
Councilmember Preciado
Seconded by
Deputy Mayor Gonzalez
To adopt Resolution No. 2024-017, as amended to remove referenced changes to the master fee schedule, the heading was read, text waived. The motion was carried by the following vote:

Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (5 to 0)
Item 6.2 headings:

RESOLUTION NO. 2024-017 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE GENERAL PLAN PERTAINING TO THE DISSOLUTION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION Moved by
Councilmember Preciado
Seconded by
Deputy Mayor Gonzalez
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 Cardenas, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (5 to 0)
ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENTS TO POLICY DOCUMENTS AND THE CHULA VISTA MUNICIPAL CODE PERTAINING TO THE DISSOLUTION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION AND APPEAL PROCEDURES FOR DISCRETIONARY PLANNING APPLICATIONS, AND AMENDMENTS TO THE PUBLIC FACILITIES FINANCING PLAN GUIDELINES. (

FIRST READING)

6.3 Summary Easement Vacation: Vacation of an Existing Easement for Street Purposes for the Design of a Cul-de-Sac and Acceptance of Grant of a New Public Access Easement at 517 Shinohara Lane Allowing for a Hammerhead Design for Emergency Vehicle Turnaround Attachments
|
Public Comments

1. Staff Report - Summary Easement Vacation at 517 Shinohara Lane - 24-0002.pdf

2. Resolution(2).pdf

3. Attachment 1 and Exhibit A to Resolution - Street Vacation Legal Description and Plat.pdf

4. Attachment 2 - Access Easement Legal and Plat.pdf

5. Written Communications - Romo.pdf

6. Item 6.3 - 517 Shinohara Lane.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.

Principal Civil Engineer Campos gave a presentation on the item.

Mayor McCann opened the public hearing.

Alan C. spoke regarding noticing of the public hearing.

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 Preciado
To adopt Resolution No. 2024-018, the heading was read, text waived. The motion was carried by the following vote:

Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (5 to 0)
Item 6.3 heading:

RESOLUTION NO. 2024-018 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ORDERING THE VACATION OF AN EASEMENT FOR STREET PURPOSES OF A PORTION OF LOT 1 IN SECTION 19, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA (A PORTION OF SHINOHARA LANE), AND (2) ACCEPTING THE GRANT OF A NEW STREET EASEMENT FOR EMERGENCY VEHICLE TURNAROUND PURPOSES.

7. ACTION ITEMS
Public Comments:

7.1 Agreement: Approve an Agreement with TeamCivX to Provide Public Education on Measure P and the Development of a Potential Similar Ballot Measure Attachments
|
Public Comments

1. Staff Report Consultant Agreement for Public Education and Potential Future Ballot Measure 24-0042.pdf

2. Resolution(1).pdf

3. Attachment 1 - Amended Infrastructure Facilities and Equipment Expenditure Plan - April 2023.pdf

4. Attachment 2 - Measure P - Delivering on the Promise.pdf

5. Attachment 3 - Two Party Agreement TeamCivX.pdf

6. Item 7.1 - 1-23-24 Chula Vista Sales Tax Survey'23 3T.pdf Concerned Resident
We would like to see the Measure P expenditures and revenues by Council District. Specifically, how was Measure P funds spent in Rolling Hills Ranch, San Miguel Ranch, Otay Ranch, and Eastlake versus what was collected from Westside Residents (northwest and southwest cv) as they benefited greatly from projects like Loma Verde, Parkway, re-pavement projects, 2 new fire stations, street paving, etc.etc.

PAUL HENKIN
I would also suggest that if seven-in-ten voters shared favorable opinions of both the quality of life in Chula Vista and are satisfied with the job the City of Chula Vista is doing to provide City services, we do not need a general sales tax - possibly specific taxes as needed for specific projects.

PAUL HENKIN
The agenda itself acknowledges that this tax was passed years ago and has been successful, saying "Chula Vista voters approved Measure P – a temporary, ten-year, half-cent sales
tax to fund high priority infrastructure
needs. Collection of the sales tax began
April 1, 2017. As of March 2023, the
sales tax has raised $140.1 million in
revenue which has been reinvested into
our City's future."

Therefore, I see no need to waste our taxpayer dollars to educate us on this measure.

Moreover, the taxpayers are not cash cows to pay for a new tax simply because this one is successful.

Deputy City Manager Chase, Dr. Tim McClarney, representing True North Research, and Jared Boigon representing TeamCivX, gave a presentation on the item.

The following members of the public spoke in opposition to the item:

Alan C.

Leticia Lares, Chula Vista resident
Mary Davis spoke expressing a neutral position on the item.

Concerned resident submitted written comments expressing a neutral position on the item.

Paul Henkin submitted written comments in opposition to the item.

Moved by
Councilmember Preciado
Seconded by
Councilmember Chavez
To direct staff to pursue building awareness of a potential ballot measure, as presented, and to adopt Resolution No. 2024-019, the heading was read, text waived. The motion was carried by the following vote Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (5 to 0)
Item 7.1 heading:

RESOLUTION NO. 2024-019 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT TO PROVIDE PUBLIC EDUCATION AND POTENTIAL BALLOT MEASURE SERVICES BETWEEN THE CITY AND TEAMCIVX

8. CITY MANAGER’S REPORTS
Public Comments:

City Manager Kachadoorian thanked Public Works and Fire staff for their responses to recent rainstorms.

9. MAYOR’S REPORTS
Public Comments:

Mayor McCann provided an update from San Diego Community Power and reported on attendance at recent events, and made community announcements.

10. COUNCILMEMBERS’ COMMENTS
Public Comments:

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

11. CITY ATTORNEY'S REPORTS
Public Comments:

11.1 Report out from January 9, 2024 Closed Session:

Public Comments
robert johnson
CV City Council failed to disclose closed session vote to fund appeal to CA Supreme Ct to continue to deny public access to police drone videos. LPSD called them out. Watch tonight’s meeting when they try to explain their “error”. Accountability through transparency! Quote
La Prensa San Diego - LaPrensa.org
@LaPrensaSD
·
5h
BREAKING: @ChulaVistaPD admits they violate personal privacy w/ police drones over the entire City. CVPD petitioning CA Supreme Ct after Appeals Ct ruled they must release some videos. CVPD was 1st PD in US to fly drones as first responders.

STORY: https://laprensa.org/cvpd-admits-police-drones-violate-residents-personal-privacy robert johnson
https://public.netfile.com/pub2/AllFilingsByCandidate.aspx?id=179014998&candidate=Delfina+Gonzalez

your links are not working and this is election information.. or damages to every resident of chula vista/ robert johnson
WE SAW WHAT YOU DID.

Acting City Attorney Maland announced that at the January 9, 2024 City Council meeting under Closed Session, the City Council voted unanimously, 5 to 0, to authorize legal counsel to appeal the recent appellant court decision to the California Supreme Court.

Robert Johnson submitted written comments.

Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-17713-CU-MC-CTL

12. 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.

Acting City Attorney Maland announced that the Council would convene in closed session to discuss the items listed below.

Mayor McCann recessed the meeting at _______p.m. The Council convened in Closed Session at _______p.m., with all members present.

12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Public Comments:

Name of case:  Maria Eugenia Flores v. City of Chula Vista, San Diego Superior Court, Case No. 37-2023-00052249-CU-PA-CTL Action: _______________________________

13. ADJOURNMENT
Public Comments:

The meeting was adjourned at 9:31 p.m.

Mayor McCann adjourned the meeting in memory of Superior Court Judge Roy Cazares.

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

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