City of Chula Vista
Regular City Council Meeting
MINUTES
Date:
Location:
December 3, 2024, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, Mayor McCann
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 5:01 p.m.
Councilmember Preciado joined the meeting at 5:22 p.m.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Councilmember Morineau.
4. SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation Honoring the Chula Vista Hair Salon for Outstanding Contributions to Sustainability, I nnovation, and Community Leadership
The proclamation was presented.
4.2 Presentation of a Proclamation Celebrating the Eastlake High School Girls Volleyball Team Upon Winning the San Diego CIF Championship The proclamation was presented.
4.3 Presentation by Mayor John McCann on the 2024 Starlight Parade Celebration Mayor McCann and Communications Manager Clock gave a presentation on the item.
5. CONSENT CALENDAR (Items 5.1 through 5.10)
Councilmember Morineau stated she would abstain from voting on Item 5.1 0 due to a potential property-related conflict of interest.
2024-12-03 City Council Regular Meeting Minutes
John Acosta, Chula Vista resident, spoke regarding various topics related to items on the consent calendar
Jenne Fredrickson, Chula Vista resident, spoke expressing a neutral position on Item 5.3.
Moved by Mayor McCann
Seconded by Deputy Mayor Gonzalez
To approve the recommended actions appearing below consent calendar Items 5.1, 5.2, and 5.4 through 5.9. The headings were read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
Moved by Mayor McCann
Seconded by Deputy Mayor Gonzalez
To approve the recommended action appearing below consent calendar Item 5.3. The heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, and Councilmember Preciado
No (1): Mayor McCann
Result, Carried (4 to 1)
Moved by Mayor McCann
Seconded by Deputy Mayor Gonzalez
To approve the recommended action appearing below consent calendar Item 5.10. The heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann
Abstain (1): Councilmember Morineau
Result, Carried (4 to 0)
5.1 Approve Meeting Minutes
Approval of the minutes dated November 12, 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.
2024-12-03 City Council Regular Meeting Minutes
5.3 Otay Ranch:Adopt Ordinances to Approve Fourth Amendment to FEIR 02 -04, Amendments to City General Plan, Otay Ranch General Development Plan, Otay Ranch Freeway Commercial Sectional Planning Area Plan, Zone Change, Tentative Map, and Development Agreement
Adopt the following Ordinances:
A) Modifying the Otay Ranch Freeway Commercial Planned Community District Regulations for the Southerly Portion (FC-1) of the Otay Ranch Freeway Commercial SPA in accordance with the required findings and subject to the conditions contained therein (Second Reading and Adoption);
B) Changing zoning from commercial to mixed-use residential (Second Reading and Adoption); and
C) Approving a Development Agreement allowing for the Project to be constructed in phases, the Community Purpose Facility obligation, Parkland obligation, and a Public Benefit Contribution. (Second Reading and Adoption) Item 5.3 headings:
A) ORDINANCE NO. 3583 OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE SOUTHERLY (FC -1)
PORTION OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL
PLANNING AREA (SECOND READING AND ADOPTION)
B) ORDINANCE NO. 3584 OF THE CITY OF CHULA VISTA APPROVING A ZONE CHANGE (ZC22 -0001) FOR THE OTAY RANCH FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SECOND READING AND ADOPTION)
C) ORDINANCE NO. 3585 OF THE CITY OF CHULA VIST A APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GENERAL GROWTH PROPERTIES -OTAY RANCH L.P. FOR THE FREEWAY COMMERCIAL SOUTH PORTION (FC -1) OF THE OTAY RANCH FREEWAY
COMMERCIAL SECTIONAL PLANNING AREA (SECOND READING AND
ADOPTION)
5.4 Annual Report: Fiscal Year 2023/24 Development Impact Fees, the Parkland Acquisition and Development Fee, Trunk Sewer Capital Reserve Fee, and Parking In Lieu Fee
Receive the annual report regarding Development Impact Fees, the Parkland Acquisition and Development Fee, Trunk Sewer Capital Reserve Fee, and Parking In Lieu Fee for fiscal year 2023/24.
Item 5.4 heading:
Receive the report.
5.5 Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2025
Adopt a resoluti on accepting the 2025 Local Appointments List for board, commission, and committee terms expiring in calendar year 2025. 2024-12-03 City Council Regular Meeting Minutes
Item 5.5 heading:
RESOLUTION NO. 2024-221 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2025 LOCAL APPOINTMENTS LIST FOR BOARD, COMMISSION, AND COMMITTEE TERMS EXPIRING IN CALENDAR YEAR 2025
5.6 Animal Sheltering Services: Approve an Agreement Between the City of Chula Vista and City of National City for Animal Sheltering Services Adopt a resolution approving an agreement between the City of Chula Vista and City of National City to provide animal sheltering services for up to 5 years, beginning July 1, 2024.
Item 5.6 heading:
RESOLUTION NO. 2024-222 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE NATIONAL CITY A NIMAL SERVICES AGREEMENT
BETWEEN THE CITY AND CITY OF NATIONAL CITY
5.7 Fee Update: Amend the City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule
Adopt resolutions: A) Amending the City -Initiated Tow License Fee and B) City - Initiated Tow and Storage Rate Schedule.
Item 5.7 headings:
A) RESOLUTION NO. 2024-223 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE CITY-INITIATED TOW LICENSE FEE
B) RESOLUTION NO. 2024-224 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE CITY-INITIATED TOW AND STORAGE RATE SCHEDULE
5.8 Grant Award and Appropriation: Accept and Appropriate Grant Funds from the California Department of Justice for the Tobacco Grant Program Adopt a resolution accepting $113,225 in grant funds from the California Department of Justice, appropriating said funds to the Police Grants Section of the State Grants Fund for the Tobacco Grant Program and authorizing the City Manager and Chief of Police to execute a Memorandum of Understanding with the California Department of Justice. (4/5 Vote Required)
Item 5.8 heading:
RESOLUTION NO. 2024-225 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)
5.9 Agreements: Approve Amendments to the Legal Services Agreements with Best Best & Krieger LLP to Provide On -Call and Public Records Act Legal Services
Adopt a resolution approving amendments to the Legal Services Agreements with Best Best & Krieger, LLP for on -call and Public Records Act legal services for not - to-exceed amounts of $400,000 and $300,000, respectively. 2024-12-03 City Council Regular Meeting Minutes
Item 5.9 heading:
RESOLUTION NO. 2024-226 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AMENDMENTS TO THE LEGAL SERVICES AGREEMENTS
FOR ON-CALL AND PUBLIC RECORDS ACT LEGAL SERVICES BETWEEN CITY
AND BEST BEST & KRIEGER LLP
5.10 Grant Award and Appropriation: Accept and Appropriate Grant Funds from the California Community Foundation for the Kaiser Permanente Ope ration Splash Program
Adopt a resolution accepting $93,500 in grant funds from the California Community Foundation for elementary- aged children learn-to- swim programs with Chula Vista Elementary School District schools and appropriating funds for that pu rpose (4/5 Vote Required).
Item 5.10 heading:
RESOLUTION NO. 2024-227 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING FUNDS FROM THE CALIFORNIA COMMUNITY
FOUNDATION FOR THE OPERATION SPLASH ELEMENTARY LEARN TO SWIM PROGRAM, AMENDING THE FISCAL YEA R 2024 -25 BUDGET AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
6. PUBLIC COMMENTS
John Acosta, Chula Vista resident, spoke regarding various topics.
Joseph Raso, Chula Vista resident, spoke in opposition to the Tenant Protection Ordinance.
7. PUBLIC HEARINGS
7.1 Nakano Project: General Plan Amendment, Specific Plan, Tentative Map, and Reorganization of the Nakano Project, a Residential Project Containing up to 221 Dwelling Units South of Otay Valley River Park and Surrounded by Land in City of San Diego
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 Planner Corley gave a presentation on the item.
Mayor McCann opened the public hearing.
Allen Kashani, representing TriPointe Homes, gave a presentation on the item.
John Acosta, Chula Vista resident, spoke in opposition to the item.
Jenne Fredrickson, Chula Vista resident, spoke regarding the impacts of homelessness in the area.
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
2024-12-03 City Council Regular Meeting Minutes
To adopt Resolution No. 2024-228, the heading was read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.1 A headings:
RESOLUTION NO. 2024-228 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA MAKING CERTAIN FINDINGS OF FACT, ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND CERTIFYING ENVIRONMENTAL IMPACT REPORT EIR22 -0001 FOR THE NAKANO PROJECT; APPROVING
AMENDMENTS TO THE CHULA VISTA GENERAL PLAN FOR THE NAKANO PROJECT (MPA21-0016); ADOPTING THE NAKANO SPECIFIC PLAN (MPA21 - 0017); APPROVING A TENTATIVE MAP FOR THE NAKANO PROJECT (PCS21- 0001); APPROVING A PROPERTY TAX EXCHANGE AGREEMENT AND
ANNEXATION AGREEMENT FOR THE NAKANO PROJECT; AND SUPPORTING
THE PROPOSED REORGANIZATION OF THE NAKANO PROJECT SITE FROM THE CITY OF CHULA VISTA’S JURISDICTION INTO THE JURISDICTION OF THE
CITY OF SAN DIEGO AND AUTHORIZING CERTAIN ACTIONS RELATED
THERETO
Moved by Mayor McCann
Seconded by Councilmember Preciado
To place the below 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 Morineau, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.1 B
ORDINANCE OF THE CITY OF CHULA VISTA CHANGING THE ZONING FOR THE
NAKANO PROPERTY (FIRST READING)
7.2 Grant Application and Appropriation: Authorize Submittal of a State of California Permanent Local Housing Allocation (PLHA) Grant Application, Approve an Amended Plan, 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.
Principal Management Analyst Gonzalez gave a presentation on the item.
Mayor McCann opened the public hearing.
John Acosta, Chula Vista resident, spoke in opposition to the item.
Jacki Stubbs submitted written comments in opposition to the item.
There being no further members of the public who wished to speak, Mayor McCann closed the public hearing.
2024-12-03 City Council Regular Meeting Minutes
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Resolution Nos. 2024 -229 and 2024 -230, the headings were read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.2 headings:
A) RESOLUTION NO. 2024-229 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE APPLICATION AND AMENDING THE PLHA PLAN FOR
THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
B) RESOLUTION NO. 2024-230 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT, AMENDING THE FISCAL YEAR 2024-25 BUDGET, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE
REQUIRED)
The meeting was recessed at 6:48 p.m. and resumed at 7:00 p.m.
8. ACTION ITEMS
8.1 Consider Items Removed From the Consent Calendar, if Any There were none.
8.2 City Employee Benefits: Adopt the 2025 Cafeteria Benefits Plan Reflecting Health Insurance and Voluntary Insurance Benefits for Eligible City Employees and a Fourth Amendment to the IAFF Memorandum of Understanding Human Resources Director Tomlinson gave a presentation on the item.
Moved by Mayor McCann
Seconded by Councilmember Morineau
To adopt Resolution Nos. 2024-231 and 2024-232, the headings were read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 8.2 headings:
A) RESOLUTION NO. 2024-231 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2025
B) RESOLUTION NO. 2024-232 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A FOURTH AMENDMENT TO THE 2022-2024 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, 2024-12-03 City Council Regular Meeting Minutes
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AMENDING MEDICAL BENEFITS PLANS FOR CALENDAR YEAR 2025
8.3 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending September 30, 2024 (First Quarter Report) and Appropriate Funds to Implement Required Budget Adjustments
Finance Dire ctor Schoen and Budget and Analysis Manager Prendell gave a presentation on the item.
Jenne Fredrickson, spoke regarding the budget process.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Resolution No. 2024-233, the heading was read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 8.3 heading:
RESOLUTION NO. 2024-233 OF THE CITY C OUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2024 -25 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
8.4 Employee Compensation, Positions and Budget Amendment: Approve Classification Plan and Compensation S chedule; Position Counts; Employment Agreement; Revised Compensation Schedule; and Budget Amendments
City Clerk Bigelow announced that this item involved her employment contract and to avoid the appearance of impropriety she would leave the dais during dis cussion and voting on the item.
Director of Human Resources Tanya Tomlinson gave a presentation of the item and announced that approval of the item would affect executive compensation.
Jenne Fredrickson spoke in support of the City Clerk contract amendment.
Moved by Mayor McCann
Seconded by Councilmember Preciado
To adopt Resolution No. 2024-234 through 2024-237 and place the ordinance on first reading, the headings were read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 8.4 headings:
2024-12-03 City Council Regular Meeting Minutes
A) RESOLUTION NO. 2024-234 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE CLASSIFICATION PLAN AND COMPENSATION SCHEDULE TO REFLECT (1) THE ADDITION AND DELETION OF POSITION TITLES AND (2) SALARY ADJUSTMENTS FOR CERTAIN POSITIONS; AND
AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS B) RESOLUTION NO. 2024-235 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE AMENDED CITY CLERK EMPLOYMENT AGREEMENT
BETWEEN THE CITY AND KERRY BIGELOW
C) RESOLUTION NO. 2024-236 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2024 -25 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 13, 2024, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
D) RESOLUTION NO. 2024-237 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2024-25 BUDGET AND APPROPRIATING
FUNDS THEREFOR
ORDINANCE OF THE CITY O F CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE UNCLASSIFIED POSITION
TITLES OF COMMUNICATIONS OFFICER AND SPECIAL EVENTS
COORDINATOR (FIRST READING) (4/5 VOTE REQUIRED)
9. PUBLIC COMMENTS (CONTINUED)
There were none.
10. CITY MANAGER’S REPORTS
There were none.
11. MAYOR’S REPORTS
Mayor McCann provided farewell remarks to the outgoing Councilmembers.
12. COUNCILMEMBERS’ REPORTS
Councilmembers Preciado and Chavez provided farewell remarks to the outgoing Councilmembers
Councilmember Chavez provided an Economic Development Ad Hoc Subcommittee report.
At the request of Councilmembers Chavez and Gonzalez, there was a consensus of the City Council to make a referral to the City Manager to return with the recommendations contained in the memo as a discussion item at a future City Council workshop. The City Manager responded that she would return to the City Council with the timing for the workshop.
The following members of the public provided farewell marks to Councilmember Morineau:
Michelle Rodriguez and children
Jenne Fredrickson
Regina Moreno
Deputy Mayor Gonzalez and Councilmember Morineau reflected on their time in office. 2024-12-03 City Council Regular Meeting Minutes
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.
Assistant City Attorney McClurg announced that the City Council would convene in closed session to discuss the items listed below.
Mayor McCann recessed the meeting at 8:04 p.m. The City Council convened in closed session at 8:17 p.m., with all members present.
15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1)
Name of case: 1) Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-00017713-CU-MC-CTL
Action: No Reportable Action
15.2 Conference With Labor Negotiators Pursuant to Government Code Section 54957.6
Agency designated representatives: Maria Kachadoorian, Courtney Chase, Megan McClurg, Tanya Tomlinson and Sarah Schoen
Employee organization: IAFF, MM/PR, WCE
Action: No Reportable Action
16. ADJOURNMENT
The meeting was adjourned at 9:51 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk