City of Chula Vista
Regular City Council Meeting
MINUTES
April 9, 2024, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann, Councilmember Morineau
Also Present: City Manager Kachadoorian, City Attorney Verdugo, 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 5:02 p.m.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Deputy Mayor Gonzalez.
4. SPECIAL ORDERS OF THE DAY
4.1 Special Recognition of the 2023 -2024 Chula Vista Elementary School District Speech Contest Winners
Mayor McCann recognized the 2023 -2024 Chula Vista Elementary School District Speech Contest Winners.
4.2 Presentation of a Proc lamation to Syara Platero for Her Outstanding Accomplishments and Contributions to Our Community, and Proclaiming April 9, 2024 as Syara Platero Day in the City of Chula Vista Mayor McCann read the proclamation, and the City Council presented it to Ms.
Platero.
4.3 Presentation of a Proclamation to Police Dispatcher and 2023 Dispatcher of the Year Issac Jeitler Proclaiming the Week of April 14 through April 20 as National Public Safety Telecommunications Appreciation Week in the City of Chula Vista
Mayor McCann read the proclamation, and Councilmember Morineau presented it to Mr. Jeitler.
2024-04-09 Regular City Council Meeting Minutes
4.4 Presentation of a Proclamation to the City's Records and Information Management (RIM) Team Proclaiming the Month of April as RIM Month in the City of Chula Vista
Mayor McCann read the proclamation, and Deputy Mayor Gonzalez presented it to the City's Records and Information Management team.
5. CONSENT CALENDAR (Items 5.1 through 5.7)
The following members of the public spoke regarding consent calendar items:
John Acosta, Chula Vista resident
Delia Dominguez Cervantes, Chula Vista resident
At the request of Councilmember Preciado, there was a consensus of the City Council to direct the City Manager to request a formal presentation from the Department of Housing and Homele ssness regarding the variety of affordable and inclusionary housing programs in the City at a future meeting within the next 60 days.
City Manager Kachadoorian stated items of this nature would be coming forward for City Council consideration.
Moved by Councilmember Preciado
Seconded by Deputy Mayor Gonzalez
To approve the recommended actions appearing below consent calendar Items 5.1 through 5.7. The headings were read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann, and Councilmember Morineau
Result, Carried (5 to 0)
5.1 Approve Meeting Minutes
Approval of the minutes dated: February 26, 2024.
5.2 Waive Reading of Text of Resolutions and Ordinances 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 Agreement: Approve a Second Amendment to the Agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For-Hire Regulations
Adopt a resolution approving the second amendment to the agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For-Hire Regulations.
Item 5.3 heading:
RESOLUTION NO. 2024-056 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT FOR
ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE REGULATIONS 2024-04-09 Regular City Council Meeting Minutes
BETWEEN THE CITY AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM
5.4 Grant Award and Appropriations: Acc ept Grant Funds From the California Fire Foundation and the San Diego Regional Fire Foundation Adopt resolutions A) Accepting the California Fire Foundation grant of $27,800 and appropriating funds for that purpose (4/5 vote required), and B) Accepting the San Diego Regional Fire Foundation grant of $293,000 and appropriating funds for that purpose (4/5 vote required).
Item 5.4 headings:
A) RESOLUTION NO. 2024 -057 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE CALIFORNIA FIRE FOUNDATION GRANT,
APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING FIRE CHIEF HARRY MUNS TO EXECUTE DOCUMENTS (4/5 VOTE REQUIRED)
B) RESOLUTION NO. 2024 -058 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE SAN DIEGO REGIONAL FIRE FOUNDATION
GRANT, APPROPRIATING FU NDS THEREFOR, AND AUTHORIZING FIRE CHIEF HARRY MUNS TO EXECUTE DOCUMENTS (4/5 VOTE REQUIRED)
5.5 Agreement: Approve a Consultant Services Agreement with Fehr & Peers to Provide Professional Services Related to Transportation Development Impact Fee Program Updates and Appropriate Funds for that Purpose Adopt a resolution waiving the competitive bidding process pursuant to Chula Vista Municipal Code Section 2.56.070B.3, approving the Agreement, and appropriating funds for that purpose. (4/5 Vote Required)
Item 5.5 heading:
RESOLUTION NO. 2024-059 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE COMPETITIVE BID REQUIREMENT, APPROVING A
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND FEHR &
PEERS TO PROVIDE PROFESSIONAL SERVICES SUPPORTING CHULA VISTA
TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM UPDATES, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
5.6 Waiver of Development Impact Fees: Approve a Waiver of Parkland Acquisition and Development Fees for a 57 -Unit, 100 Percent Affordable Senior Housing Project Located at 178 Third Avenue
Adopt a resolution to waive Parkland Acquisition Fees and Development Fees, totaling $625,414 for a proposed 57 -unit, 100 percent affordable senior housing project at 178 Third Avenue.
Item 5.6 heading:
RESOLUTION NO. 2024-060 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING PARKLAND IN-LIEU FEES FOR A 100 PERCENT AFFORDABLE SENIOR HOUSING PROJECT LOCATED AT 178 THIRD AVENUE KNOWN AS
CHULA VISTA SENIORS
2024-04-09 Regular City Council Meeting Minutes
5.7 Agreement: Approve an Agreement for the Continuation of the Work for Hope Program with McAlister Institute for Treatment and Education, Inc.
Adopt a resolution pursuant to Chula Vista Municipal Code Section 2.56.070(B)(4) single/sole source, approving an agreement with McAlister Institute for the continuation and expansion of the Work for Hope program.
Item 5.7 heading:
RESOLUTION NO. 2024-061 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO CHULA VISTA MUNICIPAL CODE SECTION 2.56.070(B)(4) AND APPROVING AN
AGREEMENT WITH MCALISTER INSTITUTE FOR TREATMENT AND
EDUCATION, INC. FOR THE WORK FOR HOPE PROGRAM
6. PUBLIC COMMENTS
John Acosta, Chula Vista resident, spoke regarding conflicts of interest.
The following members of the public spoke regarding healthcare in the City:
Marianne McKennett
Susanna Chou
Kofi Sefa-Boakye
At the request of Councilmember Preciado, there was a consensus of the City Council to direct the City Attorney to evaluate whether Scripps Chula Vista's contractual obligations have been fulfilled and to determine what future plans the hospital has to expand services to the City.
Delia Dominguez Cervantes, Chula Vista resident, spoke regarding various matters.
Joseph Raso, Chula Vista resident, spoke in opposition to the tenant pr otection ordinance.
John Kalpus, Chula Vista resident, spoke regarding noise at the Chula Vista Marina.
Chequita Falls, representing Meals on Wheels, spoke regarding services offered by Meals on Wheels.
Robert Johnson submitted written comments.
The meeting was recessed at 6:02 p.m. and resumed at 6:07 p.m.
7. PUBLIC HEARINGS
7.1 Housing Grant Funding: Receive Recommendations for the Fiscal Year 2024/2025 U.S. Department of Housing and Urban Development Annual Action Plan
Mayor McCann stated he would abst ain from voting on the item due to a potential property-related conflict of interest, and he left the dais during the discussion and voting on the item.
Councilmember Morineau stated she would abstain from voting on the item due to a potential financial conflict of interest, and she left the dais during the discussion and voting on the item.
2024-04-09 Regular City Council Meeting Minutes
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.
Deputy Mayor Gonzalez opened the public hearing.
Rebecca Rader submitted written comments in support of the item.
There being no members of the public who wished to speak, Deputy Mayor Gonzalez closed the public hearing.
Moved by Deputy Mayor Gonzalez
Seconded by Councilmember Chavez
To accept the report provided by staff regarding recommendations for the Fiscal Year 2024-2025 U.S Department of Housing and Urban Development Action Plan.
The motion was carried by the following vote:
Yes (3): Councilmember Chavez, Deputy Mayor Gonzalez, and Councilmember Preciado
Abstain (2): Mayor McCann, and Councilmember Morineau
Result, Carried (3 to 0)
7.2 Otay Ranch Freeway Commercial Sectional Planning Area: Amend the Plan’s Planned Community District Regulations to Streamline Modifications to Approved Permits and Allow Medical Offices within the Commercial Mixed - Use Zone
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.
Sr. Planner Mallec 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.
Moved by Mayor McCann
Seconded by Councilmember Preciado
To place the ordinance on first reading, the heading was read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann, and Councilmember Morineau
Result, Carried (5 to 0)
Item 7.2 heading:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO
THE OTAY RANCH FREEWAY COMMERCIAL PLANNED COMMUNITY
DISTRICT REGULATIONS (FIRST READING)
2024-04-09 Regular City Council Meeting Minutes
7.3 Annual Military Equipment Report: Accept the Annual AB 481 Military Equipment Report and Review and Renew Ordinance No. 3549 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.
Captain Peak and Lieutenant Adkins gave a presentation on the item.
Mayor McCann opened the public hearing.
Delia Dominguez Cervantes spoke in support of the item.
Robert Johnson submitted written comments.
There be ing no further members of the public who wished to speak, Mayor McCann closed the public hearing.
Moved by Mayor McCann
Seconded by Deputy Mayor Gonzalez
To adopt Resolution No. 2024-062, the heading was read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann, and Councilmember Morineau
Result, Carried (5 to 0)
Item 7.3 heading:
RESOLUTION NO. 2024-062 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CHULA VISTA POLICE DEPARTMENT’S 2023 ANNUAL AB 481 MILITARY EQUIPMENT REPORT AND RENEWING ORDINANCE NO. 3549 APPROVING THE CHULA VISTA POLICE DEPARTMENT MILITARY USE POLICY
8. ACTION ITEMS
8.1 State Legislation: Hear a Report on Assembly Bill 2783: San Diego Unified Port District and Provide Direction to Staff on City Position Special Projects Manager Hernandez gave a presentation.
The following members of the public supported the City taking an "oppose unless amended" position on the bill:
Mary Salas, Chula Vista resident
Ansermio Estrada, representing San Diego County Building and Construction Trade Council
Brigette Browning, representing Unite Here
On behalf of Assemblymember Alvarez, Lisa Schmidt requested that the City support the bill.
Delia Dominguez Cervantes thanked the City for thoroughly considering the proposed bill.
2024-04-09 Regular City Council Meeting Minutes
The following members of the public spoke, expressing a neutral position on the bill:
Sharon Cloward, representing San Diego Working Waterfront Kip Howard, representing RIDA Development
Ann Moore, representing the Port Commission
The following members of the public spoke in support of the bill:
Marcy Weaver, representing the Chula Vista Chamber of Commerce Todd Roberts, representing Marine Group Boat Works
Alice De La Torre
Luz Molina
Dr. Timothy Bilash spoke regarding ethics reform.
Alice De La Torre spoke regarding Assemblymember David Alvarez.
Moved by Councilmember Preciado
Seconded by Mayor McCann
To support the bill if amended, specifically supporting the following provisions and amendments:
Provisions:
A. Requiring the annual rotation of the Port Chair, Vice Chair and Secretary B. Requiring that one of the three City of San Diego -appointed commissioners live in the Portside neighborhood
C. Requiring the Port Distri ct to establish an independent Board of Ethics to enforce the Code of Ethics and review ethical matters
D. Replacing the monthly car allowance with per diem compensation E. Requiring the Port District to publicly disclose lobbying financial activity F. Adding a second position for the City of Chula Vista to the Port Commission
Amendments:
G. With regard to term limits, request this provision be removed entirely H. With regard to requiring a 72 -hour notification and disclosure of evidence if the commissioners act to censu re or remove a fellow commissioner from their duties, request the disclosure of evidence requirement be removed or amend to add "as permitted by law"
I. With regard to the creation of a Community Impact Fund and Future Public Acess Fund, request these provisi ons be removed entirely and instead require the Port District to develop a program investment in disadvantaged communities with annual reporting to all member cities
2024-04-09 Regular City Council Meeting Minutes
J. With regard to preventing commissions from lobbying, contracting , or being employed by the Port District for two years after their term ends, requesting this provision be amended to one year, so it is consistent with the Fair Political Practices Commission and City Laws
The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Preciado, Mayor McCann, and Councilmember Morineau
No (1): Deputy Mayor Gonzalez
Result, Carried (4 to 1)
The meeting was recessed at 7:37 p.m. and resumed at 8:02 p.m.
9. PUBLIC COMMENTS (CONTINUED)
There were none.
10. CITY MANAGER’S REPORTS
There were none.
11. MAYOR’S REPORTS
Mayor McCann reported on attendance at recent events and made community announcements.
12. COUNCILMEMBERS’ COMMENTS
Councilmembers reported on attendance at recent events and made community announcements.
Councilmember Chavez provided a SANDAG update related to SR-125.
13. CITY CLERK'S REPORTS
There were none.
14. CITY ATTORNEY'S REPORTS
There were none.
15. CLOSED SESSION
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.
City Attorney Verdugo announced that the City Council would convene in closed session to discuss the items listed below.
Mayor McCann recessed the meeting at 9:21 p.m. The City Coun cil convened in closed session at 9:24 p.m., with all members present.
15.1 Conference with Legal Counsel Regarding Exiting Litigation Pursuant to Government Code Section 54956.9(d)(1)
A) Name of case: Estate of Oral Nunis, Sr., et al v. City of Chula Vista, et al, United States District Court, Case No. 21-cv-1627-AJB-DEB
2024-04-09 Regular City Council Meeting Minutes
Action: No Reportable Action
B) Name of case: Hanna Wells v. City of Chula Vista, San Diego Superior Court, Case No. 37-2023-00036274-CU-CR-CTL
Action: No Reportable Action
C) 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
Moved by Mayor McCann
Seconded by Councilmember Preciado
Action: To authorize the City Council to seek appellate relief from the Californi a Court of Appeals as to the Superior Court's March 29, 2024 order. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann, and Councilmember Morineau
Result, Carried (5 to 0)
15.2 Conference with Legal Counsel -- Anticipated Litigation -- Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) One (1) Case re: Notice of Potential Liability, Request for Information, Request for Payment, and Requ est for Performance of Work Associated with Releases and Threatened Releases of Hazardous Substances at the San Diego Bay National Wildlife Refuge Site in Chula Vista and National City, California Action: No Reportable Action
15.3 Conference with Labor Neg otiators Pursuant to Government Code Section 54957.6
Robert Johnson submitted written comments.
Agency designated representatives: Maria Kachadoorian, Marco Verdugo, Courtney Chase, Tanya Tomlinson, and Sarah Schoen
Employee organization: EXEC, SM and POA
Action: No Reportable Action
16. ADJOURNMENT
The meeting was adjourned at 11:40 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk