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Minutes

Chula Vista City Council
February 20, 2024

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Minutes
Meeting
February 20, 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 5:03 p.m.

2. ROLL CALL
Public Comments:

Deputy Director of City Clerk Services Turner called the roll.

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

Led by Deputy Mayor Gonzalez.

Mayor McCann spoke regarding the resignation of former Councilmember Cardenas.

4. SPECIAL ORDERS OF THE DAY
Public Comments:

4.1 Oath of Office:

Public Comments:

Abigail Costello, Sustainability Commission
Deputy Director of City Clerk Services Turner administered the oath of office to Commissioner Costello and Councilmember Chavez presented her with a certificate of appointment.

4.2 Presentation of a Proclamation to Director of Southwestern College's Fire Academy Lorraine Hutchinson Proclaiming February 20, 2024 as Lorraine Hutchinson Day in the City of Chula Vista Public Comments:

Mayor McCann read the proclamation and presented it to Lorraine Hutchinson.

5. CONSENT CALENDAR (Items 5.1 through 5.7)
Public Comments:

Item 5.4 was removed from the consent calendar at the request of Deputy Mayor Gonzalez.

John Acosta, Chula Vista resident, spoke regarding item 5.3.

Moved by
Mayor McCann
Seconded by
Councilmember Chavez
To approve t
he recommended actions
appearing below consent calendar Items 5.1 through 5.3 and 5.5 through 5.7. The headings were read, text waived
.

The motion was carried by the following vote:

Yes (4)
Mayor McCann, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (4 to 0)

5.1 Approve Meeting Minutes
Attachments
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Public Comments

1. Draft Minutes - February 13, 2024.pdf
Approval of the minutes dated: February 13, 2024.

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

Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting.

5.3 Employee Compensation and Positions: Adopt an Ordinance to Update the List of Unclassified City Position Titles Attachments
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Public Comments

1. Staff Report - 2nd Reading - Unclassified Position Titles.pdf

2. Ordinance - Amend CV Muni Code Section 2.05.010.pdf
Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010, adding the unclassified position titles of Deputy Director of Animal Services and Deputy Director of Development Services. (Second Reading and Adoption); (4/5 Vote Required)
Item 5.3 heading:

ORDINANCE NO. 3564 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLES OF ASSISTANT DIRECTOR OF PARKS AND RECREATION, DEPUTY DIRECTOR OF ANIMAL SERVICES AND DEPUTY DIRECTOR OF DEVELOPMENT SERVICES (SECOND READING AND ADOPTION); (4/5 VOTE REQUIRED)

5.5 Agreement: Approve Renegotiated Agreement with Nationwide Retirement Solutions, Inc. for Administration of City’s 457(b) Deferred Comp and 401(a) Money Purchase Plans, Delegate Role of Plan Sponsor, and Authorize Establishing an Oversight Committee Attachments
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Public Comments

1. Staff Report Nationwide Retirement Solutions, Inc. Administrative Services Agreement - 24-0053.pdf

2. Resolution(1).pdf

3. Attachment 1 NW ASA 2024.pdf
Robert Johnson
ANY VOTE MADE BY ANDREA NEEDS TO BE BROUGHT UNDER REVIEW. YOU NEED TO FIX THE SITIUATION IF SHE WAS NOT FIT FOR OFFICE.

Robert Johnson submitted written comments.

Adopt a resolution approving an agreement with Nationwide Retirement Solutions, Inc. to provide administrative services of the City’s 457(b) Deferred Compensation Plan and 401(a) Money Purchase Plan; delegating to the Director of Finance/Treasurer the role of Plan Sponsor of 457(b) and 401(a) plans to carry out the fiduciary responsibilities of the plans; and authorizing the Director of Finance/Treasurer to establish a Deferred Compensation Plan Oversight Committee.

Item 5.5 heading:

RESOLUTION NO. 2024-032 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY AND NATIONWIDE RETIREMENT SOLUTIONS, INC., APPROVING THE DELEGATION OF PLAN SPONSOR AND ITS DUTIES OF THE 457(B) AND 401(A) PLANS TO THE DIRECTOR OF FINANCE/TREASURER, AND APPROVING THE ESTABLISHMENT OF AN OVERSIGHT COMMITTEE

5.6 Ratification of Appointment: City Manager’s Appointment of the Director of Library Services – Joy Whatley Attachments
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Public Comments

1. Staff Report Appointment of Director of Library Services - 24-0070.pdf

2. Resolution - Whatley Director of Library Services.pdf

3. Attachment 1 - Resume.pdf
Robert Johnson
ANY VOTE MADE BY ANDREA NEEDS TO BE BROUGHT UNDER REVIEW. YOU NEED TO FIX THE SITIUATION IF SHE WAS NOT FIT FOR OFFICE.

Robert Johnson submitted written comments.

Adopt a resolution ratifying the City Manager’s appointment of Joy Whatley as Director of Library Services.

Item 5.6 heading:

RESOLUTION NO. 2024-033 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE CITY MANAGER’S APPOINTMENT OF DIRECTOR OF LIBRARY SERVICES – JOY WHATLEY

5.7 Agreement Amendment: Approve the Second Amendment to the Consultant Services Agreement with Kleinfelder Construction Services, Inc. to Provide On-Call Capital Improvement Program (CIP) Construction Management Services Attachments
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Public Comments

1. Staff Report Amendment to the Consulting Services Agreement for Kleinfelder - 23-0322.pdf

2. Resolution.pdf

3. Attachment 1 - Agreement Kleinfelder.pdf

4. Attachment 2 - First amendment.doc.pdf

5. Attachment 3 - Second amendment Final.pdf
Robert Johnson
ANY VOTE MADE BY ANDREA NEEDS TO BE BROUGHT UNDER REVIEW. YOU NEED TO FIX THE SITIUATION IF SHE WAS NOT FIT FOR OFFICE.

Robert Johnson submitted written comments.

Adopt a resolution approving the second amendment to the consultant services agreement with Kleinfelder Construction Services, Inc. for On-Call CIP Construction Management Services to increase the maximum amount to be paid for consultant services.

Item 5.7 heading:

RESOLUTION NO. 2024-034 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND KLEINFELDER CONSTRUCTION SERVICES, INC. TO PROVIDE ON-CALL CAPITAL IMPROVEMENT PROGRAM (CIP) CONSTRUCTION MANAGEMENT SERVICES

ITEMS REMOVED FROM THE CONSENT CALENDAR

5.4 Affordable Housing: Authorize Joint Application to and Participation in the Homekey Program with Wakeland Housing and Development Corporation for Rehabilitation and Conversion of the Palomar Motel into Permanent Supportive Housing Attachments
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Public Comments

1. Staff Report - Selection of Developer and Operator for Permanent Supportive Housing - 24-0023.pdf

2. Resolution - Homekey Application.pdf

3. Written Communications - Item 5.4 - Curry - Received 2_20_2024.pdf Robert Johnson
ANY VOTE MADE BY ANDREA NEEDS TO BE BROUGHT UNDER REVIEW. YOU NEED TO FIX THE SITIUATION IF SHE WAS NOT FIT FOR OFFICE.

Director of Housing and Homelessness Kurz and Rebecca Louie, representing Wakeland Housing responded to questions from the City Council.

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

Alan C.

John Acosta
Robert Johnson submitted written comments.

The meeting was recessed at 6:36 p.m. and resumed at 6:51 p.m.

Moved by
Mayor McCann
Seconded by
Councilmember Preciado
To adopt Resolution No. 2024-031, the heading was read, text waived. The motion was carried by the following vote:

Yes (4)
Mayor McCann, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (4 to 0)
Item 5.4 heading:

RESOLUTION NO. 2024-031 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY PROGRAM FOR REHABILITATION AND CONVERSION OF THE PALOMAR MOTEL INTO PERMANENT SUPPORTIVE HOUSING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO DEVELOPMENT AGREEMENT(S) WITH WAKELAND HOUSING AND DEVELOPMENT CORPORATION

6. PUBLIC COMMENTS
Attachments
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Public Comments

1. Public Comments - Written Communications - Raso.pdf

2. Public Comments - Acosta - Received 2_20_2024.pdf

3. Public Comments - Johnson - Received 2_20_2024.pdf

4. Curry _ Car Show.pdf

5. Curry _ SanDag.pdf
Robert Johnson
ANY VOTE MADE BY ANDREA NEEDS TO BE BROUGHT UNDER REVIEW. YOU NEED TO FIX THE SITIUATION IF SHE WAS NOT FIT FOR OFFICE.

Alan C. spoke in opposition to mail-in ballots and announced an upcoming car show.

John Acosta, Chula Vista resident, spoke regarding candidates running for office and the appointment process.

The following members of the public, representing the South Bay Little League Challenger division, spoke regarding field maintenance:

Juan Vargus
Felipe Martinez
Jose Torres, and he spoke on behalf of Joseph Lewis
David Walter
Cesar Fernandez
At the request of Mayor McCann there was a consensus of the City Council to refer the matter related to South Bay Little League Challenger division to the City Manager for assistance.

Robert Johnson submitted written comments.

7. ACTION ITEMS
Public Comments:

7.1 Bond Issuance: Board of Directors of the Chula Vista Municipal Financing Authority Approve the Issuance of Refunding Revenue Bonds and the Legislative Body of CFD Nos. 06-I, 07-I, 08-I, and 2001-2 and Approve the Issuance of Special Tax Refunding Bonds Attachments
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Public Comments

1. Staff Report CVMFA Local Agency Refunding Revenue Bonds, Series 2024 - 24-0034.pdf

2. A. Resolution of Issuance CFD 06-I (IAA).pdf

3. B. Resolution of Issuance CFD 06-I (IAB).pdf

4. C. Resolution of Issuance CFD 07-I.pdf

5. D. Resolution of Issuance CFD 08-1.pdf

6. E. Resolution of Issuance CFD 2001-2.pdf

7. F. Authority Resolution of Issuance.pdf

8. Attachment 1 - Authority Indenture of Trust.pdf

9. Attachment 2 - CFD No. 06-I Improvement Area A Bond Indenture .pdf

10. Attachment 3 - CFD No. 06-I Improvement Area B Bond Indenture.pdf

11. Attachment 4 - CFD No. 07-I Bond Indenture.pdf

12. Attachment 5 - CFD No. 08-I Bond Indenture.pdf

13. Attachment 6 - CFD No. 2001-2 Bond Indenture.pdf

14. Attachment 7 - Bond Purchase Agreement.pdf

15. Attachment 8 - Local Obligations Bond Purchase Agreement.pdf

16. Attachment 9 - Preliminary Official Statement.pdf

17. Attachment 10 - Escrow Agreement.pdf

18. Attachment 11 - Continuing Disclosure Agreement.pdf

19. 2024-02-20 Item 7.1 Presentation CVMFA Local Agency Revenue Refunding Bonds, Series 2024.pdf Robert Johnson
ANY VOTE MADE BY ANDREA NEEDS TO BE BROUGHT UNDER REVIEW. YOU NEED TO FIX THE SITIUATION IF SHE WAS NOT FIT FOR OFFICE.

Director of Finance Schoen, Fiscal Debt Management Analyst Macias, and Suzanne Harrell, representing Harrell & Company Advisors, gave a presentation on the item and responded to questions from the City Council.

Alan C. spoke in opposition to the item.

Robert Johnson submitted written comments.

Mayor McCann stated that he would abstain from voting on Items 7.1 A & B due to a potential property-related conflict of interest; he left the dais during voting.

Moved by
Councilmember Preciado
Seconded by
Councilmember Chavez
To adopt Resolution Nos. 2024-035 and 2024-036, the headings were read, text waived. The motion was carried by the following vote:

Yes (3)
Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Abstain (1)
Mayor McCann
Result, Carried (3 to 0)
Item 7.1 headings:

A) RESOLUTION NO. 2024-035 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA A 2024 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED TWELVE MILLION FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($12,425,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH B) RESOLUTION NO. 2024-036 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA B 2024 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED THREE MILLION ONE HUNDRED FORTY THOUSAND DOLLARS ($3,140,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH Moved by
Mayor McCann
Seconded by
Councilmember Preciado
To adopt Resolution Nos. 2024-037 through 2024-039, the headings were read, text waived. The motion was carried by the following vote:

Yes (4)
Mayor McCann, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (4 to 0)
C) RESOLUTION NO. 2024-037 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 07-I (OTAY RANCH VILLAGE ELEVEN), AUTHORIZING THE ISSUANCE OF ITS 2024 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED ELEVEN MILLION NINE HUNDRED EIGHTY THOUSAND DOLLARS ($11,980,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH D) RESOLUTION NO. 2024-038 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX), AUTHORIZING THE ISSUANCE OF ITS 2024 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED EIGHT MILLION ONE HUNDRED NINETY THOUSAND DOLLARS ($8,190,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH E) RESOLUTION NO. 2024-039 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN – OTAY RANCH – VILLAGE SIX), AUTHORIZING THE ISSUANCE OF ITS 2024 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED FOUR MILLION TWO HUNDRED SIXTY-FIVE THOUSAND DOLLARS ($4,265,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH Moved by
Mayor McCann
Seconded by
Councilmember Preciado
To adopt Municipal Financing Authority Resolution No. 2024-001, the heading was read, text waived. The motion was carried by the following vote:

Yes (4)
Mayor McCann, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (4 to 0)
F) MFA RESOLUTION NO. 2024-001 OF THE BOARD OF DIRECTORS OF THE CHULA VISTA MUNICIPAL FINANCING AUTHORITY, AUTHORIZING THE ISSUANCE OF ITS LOCAL AGENCY REVENUE REFUNDING BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED FORTY MILLION DOLLARS ($40,000,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH

7.2 Tenant Protection Ordinance: Updates to the Chula Vista Residential Tenant Protection Ordinance, CVMC Chapter 9.65, to Remain Consistent with Recently Adopted California Senate Bill 567 Attachments
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Public Comments

1. Staff Report - Amendment to CVMC 9.65 Residential Tenant Protection Ordinance - 24-0044.pdf

2. Ordinance - CVMC 9.65 Amendments Tenant Protection Ordinance 2.20.24.pdf

3. Attachment 1 - Redline Amendments to CVMC 9.65.pdf

4. Written Communications - Item 7.2 - ACCE - Received 2_19_2024.pdf

5. Written Communications - Item 7.2 - Kirkland - Received 2_19_2024.pdf

6. Written Communications - Item 7.2 - Wood - Received 2_20_2024.pdf

7. Item 7.2 - TPO Amendments.pdf

8. Raso 7.2.pdf
Robert Johnson
ANY VOTE MADE BY ANDREA NEEDS TO BE BROUGHT UNDER REVIEW. YOU NEED TO FIX THE SITIUATION IF SHE WAS NOT FIT FOR OFFICE.

Mayor McCann stated that he would abstain from voting on the item due to a potential property-related conflict of interest; he left the dais during discussion and voting.

Director of Housing and Homeless Services Kurz, Assistant City Attorney McClurg, and Management Analyst Rodriguez gave a presentation and responded to questions from he City Council.

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

Alan C.

Joseph Raso, Chula Vista resident
Robert Johnson
Robert Johnson submitted written comments.

Moved by
Deputy Mayor Gonzalez
Seconded by
Councilmember Chavez
To place the ordinance on second reading and to return to City Council within 6 months to discuss additional enhancements, to include the adjustment of the 60-day minimum vacancy to 30 days, the heading was read, text waived. The motion was carried by the following vote:

Yes (3)
Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Abstain (1)
Mayor McCann
Result, Carried (3 to 0)
Item 7.2 heading:

ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.65 OF THE CHULA VISTA MUNICIPAL CODE TO ADD RESIDENTIAL TENANT PROTECTION PROVISIONS. (FIRST READING)

8. PUBLIC COMMENTS (CONTINUED)
Public Comments:

Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance.

Robert Johnson spoke regarding various topics:

Christine Brady, Chula Vista resident, spoke regarding civil discourse and the Ralph Brown Act.

9. CITY MANAGER’S REPORTS
Public Comments:

City Manager Kachadoorian gave an update regarding field maintenance at parks within the City.

10. MAYOR’S REPORTS
Public Comments:

Mayor McCann reported on attendance at recent events and made community announcements.

10.1 Consideration of City Sponsorship of $7,500 for the Day of the Child Event Hosted by the Chula Vista Community Collaborative to be Held on April 20, 2024, at Memorial Park in Chula Vista Attachments
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Public Comments

1. DOTC Sponsorship Package 2024.pdf
Robert Johnson
ANY VOTE MADE BY ANDREA NEEDS TO BE BROUGHT UNDER REVIEW. YOU NEED TO FIX THE SITIUATION IF SHE WAS NOT FIT FOR OFFICE.

Robert Johnson submitted written comments.

Moved by
Deputy Mayor Gonzalez
Seconded by
Mayor McCann
To authorize City sponsorship of $7500 for the Day of the Child event.  The motion carried by the following vote:

Yes (4)
Mayor McCann, Councilmember Chavez, Councilmember Preciado, and Deputy Mayor Gonzalez Result, Carried (4 to 0)

11. COUNCILMEMBERS’ COMMENTS
Public Comments:

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

11.1 Councilmember Preciado:

Attachments
|
Public Comments

1. Item 11.1.pdf
Robert Johnson
ANY VOTE MADE BY ANDREA NEEDS TO BE BROUGHT UNDER REVIEW. YOU NEED TO FIX THE SITIUATION IF SHE WAS NOT FIT FOR OFFICE.

Discussion Regarding Potential Updates to the Human Relations Commission's Role, Duties, and Procedures.

At the request of Councilmember Preciado, there was a consensus of the City Council to request a formal report from the Human Relations Commission within 60 days for further examination and consideration of potential modifications to the commission.

Robert Johnson submitted written comments.

12. CITY CLERK'S REPORTS
Public Comments:

There were none.

13. CITY ATTORNEY'S REPORTS
Public Comments:

Acting City Attorney Maland spoke regarding Board and Commission member training.

14. CLOSED SESSION
Public Comments:

Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney maintains official minutes and records of action taken during closed session.

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

Mayor McCann recessed the meeting at 8:06 p.m. The City Council convened in closed session at 8:15 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
Robert Johnson
ANY VOTE MADE BY ANDREA NEEDS TO BE BROUGHT UNDER REVIEW. YOU NEED TO FIX THE SITIUATION IF SHE WAS NOT FIT FOR OFFICE. i know your reading each one of these your on notice for alot of stuff right now. WE TOLD YOU SO.

A) Name of case:  City of Chula Vista v. Amerisourcebergen Drug Corporation, et al., Northern District Court of Ohio, Case No. 19-op-45750-DAP.

Action:

No Reportable Action
B) Name of case:  Estate of Bradley Munroe, et al. v. City of Chula Vista, et al., United States District Court, Case No. 23cv2253RBM-SBC.

Action:

No Reportable Action

15. ADJOURNMENT
Public Comments:

The meeting was adjourned at 8:45 p.m.

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

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