HomeMy WebLinkAboutcc min 2023/03/28 DocuSign Envelope ID:C8DDFF61-6764-45D5-87A3-A38CA3CF7B37
City of Chula Vista
Regular Meetings of the City Council and Housing Authority
Meeting Minutes
March 28, 2023, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, Mayor McCann
Also Present: City Manager Kachadoorian, Jill Maland, representing Lounsbery
Ferguson Altona & Peak LLP, Interim Acting City Attorney, City Clerk
Bigelow, Assistant City Clerk Turner
The meeting minutes are prepared and ordered to correspond to the agenda. Agenda items
may be taken out of order during the meeting.
The agenda items were considered in the order presented.
1. CALL TO ORDER
A regular meeting of the City Council and a special meeting of the Housing Authority of
the City of Chula Vista was called to order at 5:03 p.m. in the Council Chambers, located
in City Hall, 276 Fourth Avenue, Chula Vista, California.
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
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Chavez led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
4.1 Oaths of Office
Board of Library Trustees
James Clark
Health, Wellness, and Aging Commission
Mary Johnson
Housing and Homelessness Advisory Commission
Peter Carlseen
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Juliette Montoya-Cesena
Karla Pacheco
Sustainability Commission
Raymundo Alatorre
Crystal Fairley
John Knox
Hayley Salazar
Traffic Safety Commission
Monica Becerra Firsht
Tim DeMarco
Veterans Advisory Commission
Nimpa Akana
Duaine Hooker
City Clerk Bigelow administered the oaths of office and Councilmembers Cardenas,
Chavez, and Gonzalez presented the Commissioners with certificates of
appointment.
4.2 Presentation by San Diego Community Power Chief Executive Officer Karin
Burns on Community-Based Clean Energy Services in the City of Chula Vista
Chief Executive Officer Burns, representing San Diego Community Power, gave a
presentation on the item and responded to questions of the City Council.
Alan C. submitted written communications in opposition to the item.
4.3 Presentation of a Proclamation to Sandy Scheller in Recognition of Yom
HaShoah, Days of Remembrance of the Victims of the Holocaust, in the City of
Chula Vista
Mayor McCann read the proclamation and presented it to Sandy Scheller.
5. CONSENT CALENDAR (Items 5.1 through 5.9)
Item 5.7 was removed from the Consent Calendar at the request of a member of the public.
Moved by Councilmember Cardenas
Seconded by Mayor McCann
To approve the recommended actions appearing below consent calendar Items 5.1
through 5.6, 5.8, and 5.9. The headings were read, text waived. The motion carried by the
following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez,
Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
5.1 Approval of Meeting Minutes
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Approve the minutes dated: March 7, 2023
5.2 Waive Reading of Text of Resolutions and Ordinances
Approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.3 Consideration of Requests for Excused Absences
Consider requests for excused absences as appropriate.
5.4 Employee Positions: Adopt an Ordinance Amending the Chula Vista Municipal
Code to Add the Unclassified Position Titles of Building Official and Economic
Development Manager(Second Reading and Adoption)
Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add
the unclassified position titles of Building Official and Economic Development
Manager. (Second Reading and Adoption) (4/5 Vote Required)
Item 5.4 heading:
ORDINANCE NO. 3545 OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED
POSITION TITLE OF BUILDING OFFICIAL AND ECONOMIC DEVELOPMENT
MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED)
5.5 Municipal Code Update: Adopt an Ordinance Amending Chula Vista Municipal
Code Section 2.04.050 Relating to Workshops (Second Reading and Adoption)
Adopt an ordinance amending Chula Vista Municipal Code Section 2.04.050 relating
to workshops. (Second Reading and Adoption)
Item 5.5 heading:
ORDINANCE NO. 3546 OF THE CITY OF CHULA VISTA AMENDING SECTION
2.04.050 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO WORKSHOPS
(SECOND READING AND ADOPTION)
5.6 Development Agreement Amendment: Adopt an Ordinance Amending the
Development Agreement for Otay Ranch Village Two (Second Reading and
Adoption)
Adopt an ordinance amending the Otay Ranch Village Two Development
Agreement. (Second Reading and Adoption)
Item 5.6 heading:
ORDINANCE NO. 3547 OF THE CITY OF CHULA VISTA APPROVING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, BALDWIN AND SONS, LLC AND ITS SUBSIDIARIES FOR
PORTIONS OF OTAY RANCH VILLAGE TWO (SECOND READING AND
ADOPTION)
5.8 Agreement: Third Amendment to Legal Services Agreement with Colantuono,
Highsmith & Whatley, PC to Provide Legal Services Related to Local Gaming
Authority Issues
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Adopt a resolution approving the third amendment to the Legal Services Agreement
with Colantuono Highsmith &Whatley, PC to provide legal services related to local
gaming authority issues for a not to exceed amount of$65,000.
Item 5.8 heading:
RESOLUTION NO. 2023-035 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE THIRD AMENDMENT TO THE LEGAL SERVICES
AGREEMENT FOR LEGAL SERVICES RELATED TO GAMING OPERATIONS
BETWEEN THE CITY AND COLANTUONO, HIGHSMITH &WHATLEY, PC
5.9 State Legislation: Support Assembly Bill 91 "Community Colleges: Exemption
from Nonresident Tuition Fee: San Diego and Imperial Counties Community
Colleges Association."
Councilmember Chavez spoke in support of AB91.
Dr. Mark Sanchez submitted written communication in support of staff's
recommendation.
Adopt a resolution supporting Assembly Bill 91 "Community Colleges: Exemption
from Nonresident Tuition Fee: San Diego and Imperial Counties Community
Colleges Association."
Item 5.9 heading:
RESOLUTION NO 2023-036 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA SUPPORTING ASSEMBLY BILL 91 (ALVAREZ) "COMMUNITY
COLLEGES: EXEMPTION FROM NONRESIDENT TUITION FEE: SAN DIEGO
AND IMPERIAL COUNTIES COMMUNITY COLLEGES ASSOCIATION"
ITEM REMOVED FROM THE CONSENT CALENDAR
5.7 Agreement and Appropriation: Approve a First Amendment to the Legal
Services Agreement with Gatzke Dillon & Ballance LLP to Provide On-Call
Legal Services for the Development Services Department and Appropriate
Funds
John Acosta, Chula Vista resident, spoke regarding the item.
Moved by Deputy Mayor Preciado
Seconded by Mayor McCann
To adopt Resolution No. 2023-034, heading read, text waived. The motion carried
by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 5.7 heading:
RESOLUTION NO. 2023-034 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIRST AMENDMENT TO THE LEGAL SERVICES
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AGREEMENT FOR ON-CALL LEGAL SERVICES TO ASSIST THE
DEVELOPMENT SERVICES DEPARTMENT BETWEEN THE CITY AND GATZKE
DILLON & BALLANCE LLP, AMENDING THE FISCAL YEAR 2022/23 BUDGET,
AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
6. PUBLIC COMMENTS
Brandon Claypool, Chula Vista resident, spoke in support of homeless services and
expressed gratitude to the City.
John Acosta, Chula Vista resident, spoke in opposition to using City facilities for political
events.
Marianna Saponara, representing Senior Citizen Group Nacion Ave. Crusaders,
expressed concern regarding speeding on Nacion Avenue.
Patty O'Mara expressed concern and spoke in support of elected officials acting ethically
and honestly.
Lillie Hebert, Chula Vista resident, spoke in support of the City flying the POW flag.
Tanya Williams, Chula Vista resident, spoke regarding the Veteran's Advisory
Commission meetings.
The following members of the public read an article published in La Prensa entitled
"Camps-Najjar Wanted Professorship ala Nathan Fletcher"
• Cheryl
• Sandra C.
• Lois Morera
• Robert Ing
• Olivia Garcia
• Gina E.
• Barbara Todd
• Anna
• Henry Martinez
• Laura D.
• Delia Dominguez-Cervantes
Robert Johnson submitted written communication addressing issues related to
homelessness and transparency.
7. PUBLIC HEARINGS
7.1 Housing Authority Bond Issuance: Approve the Issuance, Sale, and Delivery
of a Tax-Exempt Multifamily Housing Revenue Note and a Taxable Multifamily
Housing Revenue Note for the Otay Ranch Apartments, Also Known as Encelia
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.
Bradley R. Neal, representing Stradling, Yocca, Carlson & Rauth and Michelle Ito,
representing Meta Housing, gave a presentation on the item.
Michelle Ito responded to questions of the City Council.
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Assistant City Manager Allen announced that revised documents related to the item
had been distributed to the City Council, and that action on the item would be with
respect to the revised documents.
Mayor McCann opened the public hearing.
John Acosta, Chula Vista resident. requested information on the project.
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 Cardenas
To adopt Resolution No. 2023-037, heading read, text waived. The motion carried
by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.1 A heading:
A) RESOLUTION NO. 2023-037 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SALE, EXECUTION, AND DELIVERY OF ADDITIONAL
MULTIFAMILY HOUSING REVENUE NOTES OF THE HOUSING AUTHORITY OF
THE CITY OF CHULA VISTA FOR OTAY RANCH APARTMENTS
Moved by Mayor McCann
Seconded by Councilmember Gonzalez
To adopt Resolution No. 2023-001 of the Chula Vista Housing Authority, heading
read, text waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.1 B heading:
RESOLUTION NO. 2023-001 OF THE CHULA VISTA HOUSING AUTHORITY
AUTHORIZING THE EXECUTION AND DELIVERY OF ITS TAX-EXEMPT
MULTIFAMILY HOUSING REVENUE NOTE AND TAXABLE MULTIFAMILY
HOUSING REVENUE NOTE FOR THE PURPOSE OF PROVIDING ADDITIONAL
FINANCING FOR THE ACQUISITION AND CONSTRUCTION OF THE OTAY
RANCH APARTMENTS MULTIFAMILY RENTAL HOUSING PROJECT;
APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF ANY
AND ALL DOCUMENTS NECESSARY TO EXECUTE AND DELIVER THE NOTES,
COMPLETE THE TRANSACTION AND IMPLEMENT THIS RESOLUTION; AND
RATIFYING AND APPROVING ANY ACTION HERETOFORE TAKEN IN
CONNECTION WITH THE NOTES
Mayor McCann recessed the meeting at 6:57 p.m. The Council reconvened at 7:11
p.m., with all members present.
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7.2 Accessory Dwelling Units: Amend the Chula Vista Municipal Code on
Accessory Dwelling Units and Junior Accessory Dwelling Units to Align with
State Law and Clarify Development Regulations
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.
Planning Manager Phillips and Sr. Planner Mallec gave a presentation on the item.
Mayor McCann opened the public hearing.
Delia Dominguez-Cervantes, Chula Vista resident, spoke regarding the process to
obtain plans for Accessory and Jr. Accessory Dwelling Units.
There being no further members of the public who wished to speak, Mayor McCann
closed the public hearing.
Council discussion ensued.
Moved by Councilmember Gonzalez
Seconded by Councilmember Cardenas
To place the ordinance below on first reading, heading read, text waived. The motion
was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.2 heading:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO
CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022 (ACCESSORY
DWELLING UNITS) AND 19.58.023 (JUNIOR ACCESSORY DWELLING UNITS)
(FIRST READING)
8. ACTION ITEMS
8.1 American Rescue Plan Act (ARPA): Approve an ARPA Spending Plan
Amendment and Subrecipient Agreements for SBCS Domestic Violence
Program, SBCS Casa Nueva Vida Shelter Operations, and Jacobs &Cushman
San Diego Food Bank, and Reallocate Funds
Mayor McCann stated he would abstain from voting on Item 8.1 due to a potential
property-related conflict of interest and he left the dais during the discussion and
voting on the item.
Management Analyst Barnard gave a presentation on the item
Delia Dominguez-Cervantes requested information regarding services being
subcontracted.
Homeless Service Manager Rodriguez responded to questions from the City Council
and members of the public
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Victoria Salcido submitted written communication expressing a neutral position on
the item, requesting information about how the organizations were selected.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To adopt Resolution No. 2023-038, heading read, text waived. The motion carried
by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, and Deputy Mayor Preciado
Abstain (1): Mayor McCann
Result, Carried (4 to 0)
Item 8.1 heading:
RESOLUTION NO. 2023-038 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA (1) APPROVING A FOURTH AMENDMENT TO THE AMERICAN RESCUE
PLAN ACT SPENDING PLAN, (2) AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE AGREEMENTS WITH SBCS CORPORATION FOR
DOMESTIC VIOLENCE SERVICES AND CASA NUEVA VIDA SHELTER
OPERATION PROGRAMS, AND THE JACOBS AND CUSHMAN SAN DIEGO
FOOD BANK; AND (3) REALLOCATING FUNDS AND AMENDING THE CIP
BUDGET THEREFOR (4/5 VOTE REQUIRED)
8.2 Housing Report: Accept the Housing Element 2022 Annual Progress Report
and Housing Successor Annual Report for Fiscal Year 2021/22
Planning Manager Phillips and Management Analyst Ho gave a presentation on the
item and responded to questions of the City Council.
Moved by Mayor McCann
Seconded by Councilmember Cardenas
To accept the Housing Element 2022 Annual Progress Report and the Housing
Successor Annual Report for Fiscal Year 2021/22. The motion carried by the
following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
8.3 State Ballot Measure: Oppose Statewide Initiative No. 21-0042A1, "Limits the
Ability of Voters and State and Local Governments to Raise Revenues for
Government Services. Initiative Constitutional Amendment"
Moved by Councilmember Cardenas
Seconded by Councilmember Gonzalez
To adopt Resolution No. 2023-039, heading read, text waived. The motion carried
by the following vote:
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Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, and Deputy Mayor Preciado
No (1): Mayor McCann
Result, Carried (4 to 1)
Item 8.3 header:
RESOLUTION NO. 2023-039 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA OPPOSING BALLOT INITIATIVE NO. 21-0042A1, "LIMITS ABILITY OF
VOTERS AND STATE AND LOCAL GOVERNMENTS TO RAISE REVENUES FOR
GOVERNMENT SERVICES. INITIATIVE CONSTITUTIONAL AMENDMENT"
9. CITY MANAGER'S REPORTS
There were none.
10. MAYOR'S REPORTS
Mayor McCann thanked newly appointed board and commission members and spoke of
his attendance at the ribbon cutting for Casa Anita and the Wyyerd Fiber event.
11. COUNCILMEMBERS' COMMENTS
Deputy Mayor Preciado spoke regarding proactive business owners in Chula Vista,
thanked staff for recent meetings to provide project updates and announced his public
office hours at Norman Park Senior Center.
Councilmember Chavez spoke regarding her attendance at the Taste of Third.
Councilmember Cardenas spoke regarding her attendance at the SANDAG Board
Retreat. She commended the new City Councilmembers on their hard work in approving
recent projects.
11.1 Deputy Mayor Preciado
Consideration of formation of an ad-hoc subcommittee to consider matters related
to labor agreements and labor relations.
Deputy Mayor Preciado spoke regarding the item.
John Acosta, Chula Vista resident, spoke in opposition to the item.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To form an ad-hoc subcommittee, convening for 90 days, consisting of Deputy Mayor
Preciado and Councilmember Cardenas to consider matters related to labor
agreements and labor relations and report back to the City Council.
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
11.2 Councilmember Chavez
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Consideration of formation of an ad-hoc subcommittee to consider matters related
to economic development and binational affairs.
Councilmember Chavez spoke regarding the item.
John Acosta, Chula Vista resident, spoke in support of inclusivity on the committee.
Deputy Mayor Preciado recommended including existing business associations,
namely the Chamber of Commerce, and consideration of a more permanent
structure for economic development and binational affairs.
Moved by Councilmember Chavez
Seconded by Councilmember Cardenas
To form an ad-hoc subcommittee, convening for 90 days, consisting of
Councilmember Chavez and Mayor McCann to consider matters related to economic
development and binational affairs and report back to the City Council.
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
12. CITY ATTORNEY'S REPORTS
Acting City Attorney Maland congratulated the SDSU Aztecs basketball team for making
it to the Final Four Championship.
13. CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and
records of action taken during closed session are maintained by the City Attorney.
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 8:22 p.m. The City Council convened in closed
session at 8:25 p.m. with all members present.
13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
A) Name of Case: Arturo Castanares v. City of Chula Vista, San Diego Superior
Court, Case No. 37-2021-17713-CU-MC-CTL.
Action: No Reportable Action
B) Name of Case: Tlaloc Fait v City of Chula Vista, San Diego Superior Court, Case
No. 37-2022-13673-CU-PO-CTL.
Action: No Reportable Action
C) Name of Case: Aimee Alexander v Prescott Company, et al., San Diego Superior
Court, Case No. 37-2020-11388-CU-PO-CTL.
Action: No Reportable Action
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D) Name of Case: San Diego County Office of Education, et al. v. County of San
Diego, et al., Sacramento Superior Court, Case No. 37-2017-80002701-CU-WM-
GDS.
Action: No Reportable Action
13.2 Conference with Legal Counsel Regarding Liability Claims Pursuant to
Government Code Section 54956.95
Claimant: Margarita Brandon-Tait AdJ14888486
Agency Claimed Against: City of Chula Vista
Action: No Reportable Action
13.3 Conference with Legal Counsel Regarding Initiation of Litigation Pursuant to
Government Code Section 54956.9(d)(4):
One (1) case
Action: No Reportable Action
14. ADJOURNMENT
The meeting was adjourned at 8:54 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
DocuS,igne,Ed by:
30746104EAF342E_.
Kerry K. Bigelow, MMC, City Clerk
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