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Minutes

Chula Vista City Council
September 17, 2024

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Minutes
Meeting
September 17, 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 5:01 p.m.

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 Chavez.

4. SPECIAL ORDERS OF THE DAY
Public Comments:

4.1 Oaths of Office
Public Comments:

Board of Appeals and Advisors
Frank Metayer
Measure P Citizen's Oversight Committee
Sassan Rahimzdeh
David Clark
Parks and Recreation Commission
Jessica Fawver
Michelle Rodriguez
Sustainability Commission
David Wu
Traffic Safety Commission
Jorge Marroquin
Veterans Advisory Commission
Elmer Jimenez
Ricardo Nava
City Clerk Bigelow administered the oath of office and Councilmember Morineau presented the certificates of appointment.

4.2 Presentation of a Proclamation Proclaiming Tuesday, September 17, 2024, as Hispanic Veterans' Recognition Day in the City of Chula Vista Public Comments:

The proclamation was presented.

4.3 Presentation of a Proclamation Honoring Christian "CJ" Lannon as an Outstanding Member of the City of Chula Vista Public Comments:

The proclamation was presented.

5. CONSENT CALENDAR (Items 5.1 through 5.4)
Public Comments:

The following members of the public spoke regarding various topics related to the consent calendar:

Alan C.

John Acosta, Chula Vista resident
Moved by
Councilmember Preciado
Seconded by
Deputy Mayor Gonzalez
To approve t
he recommended actions
appearing below consent calendar Items 5.1 through 5.4. The headings were read, text waived
.

The motion was carried by the following vote:

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

5.1 Approve Meeting Minutes
Attachments
|
Public Comments

1. Draft Minutes - September 10, 2024.pdf
Approval of the minutes dated: September 10, 2024.

5.2 Waive Reading of Text of Resolutions and Ordinances Attachments
|
Public Comments

1. 5 .2 Acosta.pdf
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 Improvement District Annual Report: Approve the 2024 Annual Report for the Downtown Chula Vista Property-Based Improvement District Attachments
|
Public Comments

1. Staff Report Downtown Chula Vista 2024 Annual Report - 24-0054.pdf

2. Resolution -.pdf

3. Attachment 1(2).pdf

4. Attachment 2.pdf

5. Attachment 3.pdf

6. 5.3 Acosta.pdf
Adopt a resolution approving the 2024 Annual Report for the Downtown Chula Vista Property-Based Improvement District.

ITEM 5.3 HEADING:

RESOLUTION NO. 2024-181 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2024 ANNUAL REPORT FOR THE DOWNTOWN CHULA VISTA PROPERTY-BASED IMPROVEMENT DISTRICT

5.4 Agreement: Award Progressive Design-Build Agreement with Erickson Hall Construction Company for the Temporary Fire Station 12 Project (CIP No. GGV0275), Amend the Fiscal Year 2024-25 CIP, Establish a New CIP Project, and Appropriate Funds Attachments
|
Public Comments

1. Staff Report - Award Contract for Temporary Fire Station 12 Project to Erickson Hall - 24-0246.pdf

2. Resolution(1).pdf

3. Attachment 1 - Sole Source Justification Memo.pdf

4. Attachment 2 - Levine Act Disclosure.pdf
Adopt a resolution A) awarding a Progressive Design-Build Construction Agreement between the City and Erickson-Hall Construction Company for design and construction of Temporary Fire Station 12; B) amending the fiscal year 2024-25 Capital Improvement Program (CIP) budget by establishing a new CIP Project, GGV0275 “Temporary Fire Station 12”; and C) appropriating funds for that purpose. (4/5 Vote Required)
ITEM 5.4 HEADING:

RESOLUTION NO. 2024-182 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PROGRESSIVE DESIGN-BUILD AGREEMENT BETWEEN THE CITY AND ERICKSON-HALL CONSTRUCTION CO. FOR THE DESIGN AND CONSTRUCTION OF TEMPORARY FIRE STATION 12 (CIP NO. GGV0275), AMENDING THE FISCAL YEAR 2024-25 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, GGV0275 “TEMPORARY FIRE STATION 12”, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

6. PUBLIC COMMENTS
Attachments
|
Public Comments

1. PC - Acosta.pdf

2. 15.1 and PC Acosta.pdf

3. PC - Acosta2.pdf
Alya Marron
Good evening, Councilmembers. My name is Alya Marron, and I live in the Christmas Circle neighborhood. I'm commenting today to ask for increased police patrol between the hours of 11 p.m. and 5 a.m. and the addition of street lights at the entrance near First Avenue and Whitney Street. Our neighborhood has been experiencing a rise in break-ins and thefts, which has greatly impacted my family and our sense of safety.

In July, we had over $10,000 worth of tools stolen from my husband’s work vehicle, along with damage to the van door. Most recently, this past Sunday, September 15th, our family Jeep was stolen from our home. This vehicle had two car seats and a booster installed in the back, emphasizing that we have young children whose safety we deeply care about. We have installed floodlights and cameras around our property, but unfortunately, these measures have not deterred the criminal activity in the area.

We are asking for additional support from our local authorities. Specifically, we need increased patrol during the late hours when most of these incidents occur and improved lighting at key neighborhood entrances like First Avenue and Whitney Street. This will not only act as a deterrent but also provide more visibility for both residents and law enforcement officers in the area.

Thank you for your attention to this matter and for considering measures to help protect our community.

John Acosta, Chula Vista resident, spoke regarding the oath of office and contacting members of the City Council.

Alan C. spoke regarding matters related to homelessness.

Jessica Van Arsdale spoke regarding legal proceedings related to Urban Timber.

Alan Ridley, Chula Vista resident, spoke regarding traffic safety and noise concerns.

Alya Marron submitted written comments requesting additional patrol and improved lighting in the area of Christmas Circle.

7. PUBLIC HEARINGS
Public Comments:

7.1 Accessory Dwelling Unit Regulations: Report on Planning Commission’s Recommendation of a Proposed Code Amendment Attachments
|
Public Comments

1. Staff Report - Amendment to ADU Regulations - Planning Commission Recommendation - 24-0229.pdf

2. Resolution(2).pdf

3. Ordinance.pdf

4. Attachment 1 - Planning Commission Resolution No. 2024-11.pdf

5. Attachment 2 - Existing Multi-Family Residences Map.pdf

6. Attachment 3 - Existing Single-Family Residences Map.pdf

7. Attachment 4 - Impacted Parcels Citywide Under Proposed Amendment Map.pdf

8. 7.1 Acosta.pdf

9. Item 7.1 - PC Rec for ADUs.pdf
John Smith
The agenda report states there is a grant program to build accessory dwelling units for moderate income households. How was this program marketed? How many applications were received? When I first inquired about the program, staff stated it was only available to low income homeowners. How was the program shifted to a moderate income program without notifying the public or previous persons who expressed an interest in the program. Lastly, since the City has so much funding, why isn't this program active? 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.

Michael DeLaRosa, representing the Planning Commission, spoke regarding the item.

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

John Acosta, Chula Vista resident
Alan C.

John Smith submitted written comments expressing a neutral position on the item.

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

Moved by
Councilmember Preciado
Seconded by
Mayor McCann
To adopt Resolution No. 2024-183, the text was waived. The motion was carried by the following vote:

Yes (4)
Mayor McCann, Councilmember Chavez, Councilmember Preciado, and Councilmember Morineau No (1)
Deputy Mayor Gonzalez
Result, Carried (4 to 1)
RESOLUTION NO. 2024-183 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING AN AMENDMENT TO CHULA VISTA MUNICIPAL CODE SECTION 19.58.022(C)(2)(c), PERTAINING TO THE ALLOWABLE NUMBER OF DETACHED ACCESSORY DWELLING UNITS FOR SINGLE-FAMILY DWELLINGS Moved by
Councilmember Preciado
Seconded by
Councilmember Chavez
To make a referral to staff to evaluate and potentially pursue a future amendment to CVMC Section 19.58.022 so that it may create the opportunity to have two detached ADUs but in such a manner that does not allow the property owner to extend beyond four units on any single-family parcel. The motion was carried by the following vote:

Yes (4)
Councilmember Chavez, Councilmember Preciado, Deputy Mayor Gonzalez, and Councilmember Morineau No (1)
Mayor McCann
Result, Carried (4 to 1)
The meeting was recessed at 7:14 p.m. and resumed at 7:34 p.m.

8. ACTION ITEMS
Public Comments:

8.1 Consider Items Removed From the Consent Calendar, if Any Public Comments:

There were none.

8.2 Housing Production: Report on Available Tools for Homeowners to Build Accessory Dwelling Units and Amendment to the Master Fee Schedule to Establish Fees for Permitting ADUs Attachments
|
Public Comments

1. Staff Report - Report on ADU Resources and Amend Chapter 10-400 of the Master Fee Schedule - 24-0225.pdf

2. Resolution.pdf

3. Attachment 1 - Fee Cost of Service Analysis.pdf

4. Attachment 2 and Exhibit 1 of Resolution - Redline Updates to MFS Chapter 10-400.pdf

5. Item 8.2 - ADU Resources and MFS.pdf
The following members of the public spoke in opposition to the item:

Alan C.

John Acosta
Moved by
Councilmember Preciado
Seconded by
Councilmember Chavez
To adopt Resolution No. 2024-184, the heading was read, text waived. The motion was carried by the following vote:

Yes (5)
Mayor McCann, Councilmember Chavez, Councilmember Preciado, Deputy Mayor Gonzalez, and Councilmember Morineau Result, Carried (5 to 0)
ITEM 8.2 HEADING:

RESOLUTION NO. 2024-184 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 10-400 OF THE CHULA VISTA MASTER FEE SCHEDULE CREATING A SECTION RELATING TO ACCESSORY DWELLING UNITS AND ESTABLISHING A FEE FOR CITY STANDARD PLAN REVIEW

8.3 Employee Compensation and Budget: Approve the Revised Compensation Schedule that Reflects Elected Officials’ Salaries Pursuant to the City Charter and Budget Amendment Attachments
|
Public Comments

1. Staff Report - Revised Compensation Schedule - 24-0236.pdf

2. Resolution A - Approve Revised FY 2024-2025 Compensation Schedule.pdf

3. Resolution B - Budget Amendments.pdf

4. Attachment 1 - Judicial Pay Memo 082024.pdf

5. Attachment 2 - FY 24-25 Compensation Schedule Effective 09-20-2024.pdf Human Resources Director Tomlinson announced that approval of the item would affect executive compensation.

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

Alan C.

Jenne Fredrickson
Moved by
Councilmember Preciado
Seconded by
Councilmember Morineau
To adopt Resolution Nos. 2024-185 and 2024-186, the headings were read, text waived. The motion was carried by the following vote:

Yes (5)
Mayor McCann, Councilmember Chavez, Councilmember Preciado, Deputy Mayor Gonzalez, and Councilmember Morineau Result, Carried (5 to 0)
ITEM 8.3 HEADINGS:

A) RESOLUTION NO. 2024-185 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2024-25 COMPENSATION SCHEDULE EFFECTIVE SEPTEMBER 20, 2024, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 B) RESOLUTION NO. 2024-186 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2024-25 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

8.4 Unsheltered Policy: Consider an Ordinance to Restrict Campsites and Sitting, Lying, Sleeping, or Storage on Specified Public Property Attachments
|
Public Comments

1. Staff Report - Encampment Restriction Ordinance - 24-0066.pdf

2. Ordinance Adding Division XII and Chapter 9.90.pdf

3. Attachment 1 - Map - Schools, Grades 1-12.pdf

4. Attachment 2 - Map - City Parks.pdf

5. Attachment 3 - Map - Major Transit Stops.pdf

6. Attachment 4 - Map - MSCP Preserves.pdf

7. Attachment 5 - Map - Restricted Campsite Areas with Buffers.pdf

8. Written Communications - Manahan - Received 9_11.pdf

9. 8.4 Acosta.pdf

10. Ramirez 8.4.pdf

11. Item 8.4 - Encampment Ordinance FINAL.pdf
Sebastian Martinez
A ban on the unhoused in cruel but more importantly does not address the unhoused crisis in Chula Vista. All it does is exasperate it and make it more difficult for service providers to connect with the unhoused in need. The majority of this ban is simply reaffirming failed policy Chula Vista already does. Additionally it no way addresses the leading cause of the unhoused in Chula Vista which is Jon loss.

Director of Housing and Homeless Services Kurz, Homeless Services Manager Davis and Lieutenant Pinedo gave a presentation on the item.

The following members of the public spoke in support of the item:

Alan C.

Sandra Hodge, Chula Vista resident
John Fischer
Salvador Vivero
Roberto Ramirez, Chula Vista resident
Carolina Ramirez, Chula Vista resident
The following members of the public spoke in opposition to the item:

John Acosta, Chula Vista resident
Jenne Fredrickson, Chula Vista resident
Silvia Irigoyen Adame, Chula Vista resident
Sebastian Martinez
Katie Leon, Chula Vista resident
Christine Brady, Chula Vista resident
Tony Saldana spoke regarding receiving assistance.

Sebastian Martinez submitted written comments in opposition to the item.

Moved by
Mayor McCann
Seconded by
Councilmember Morineau
To place the ordinance on first reading, as amended to increase references to buffers from 500 feet to 1,000 feet surrounding public and private schools, City parks, emergency/transitional housing facilities, and major transit stops. The heading was read, text waived. The motion was carried by the following vote:

Yes (5)
Mayor McCann, Councilmember Chavez, Councilmember Preciado, Deputy Mayor Gonzalez, and Councilmember Morineau Result, Carried (5 to 0)
ITEM 8.4 HEADING:

ORDINANCE OF THE CITY OF CHULA VISTA ADDING DIVISION XII, PRESERVATION OF PUBLIC PROPERTY, AND CHAPTER 9.90, CAMPSITES AND OTHER OBSTRUCTIONS ON PUBLIC PROPERTY, TO THE CHULA VISTA MUNICIPAL CODE

9. PUBLIC COMMENTS (CONTINUED)
Public Comments:

There were none.

10. CITY MANAGER’S REPORTS
Public Comments:

There were none.

11. MAYOR’S REPORTS
Public Comments:

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

12. COUNCILMEMBERS’ REPORTS
Attachments
|
Public Comments

1. MEMORANDUM - Deputy Mayor 09.12.2024.pdf
Councilmembers reported on attendance at recent events and made community announcements.

At the request of Deputy Mayor Gonzalez, there was a consensus of the City Council to add an item to the September 24, 2024 agenda to consider establishing a City Council subcommittee on economic development.

At the request of Councilmember Chavez, there was a consensus of the City Council to direct staff to assess how City residents are affected by pollutants related to the Tijuana River Sewage Crisis and explore funding resources for air filters.

At the request of Mayor McCann, there was a consensus of the City Council to add an item to the September 24, 2024 agenda to consider taking a position on Initiative Measure G, "Fund San Diego County Transportation, Infrastructure, and Safety Projects through a half-cent sales tax."

13. CITY CLERK'S REPORTS
Public Comments:

There were none.

14. CITY ATTORNEY'S REPORTS
Public Comments:

There were none.

15. 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.

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

Alan C. spoke regarding Closed Session Item 15.1 regarding Chula Vista Cannabis.

Mayor McCann recessed the meeting at 10:05 p.m. The City Council convened in closed session at 10:11 p.m., with all members present.

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

Attachments
|
Public Comments

1. 15.1 and PC Acosta(1).pdf
Name of case:

A) Eric Crockett v City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2024-00012828-CU-OE-CTL; and Action:

No Reportable Action
B)  City of Chula Vista v Slade Fischer, et al., San Diego Superior Court, Case No. 24CU006375C Action:

No Reportable Action
C) Chula Vista Cannabis Village, Inc. v. City of Chula Vista, San Diego Superior Court Case No. 37-2020-00041802-CU-MC-CTL Action:

No Reportable Action

16. ADJOURNMENT
Public Comments:

The meeting was adjourned at 10:21  p.m.

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

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