City Council Meeting

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Agenda

[5:39] CALL TO ORDER
[5:41] ROLL CALL
[5:50] PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
[6:33] Oaths of Office for the Cultural Arts Commission:
[8:07] CONSENT CALENDAR (Items 5.1 through 5.3)
[15:23] PUBLIC COMMENTS
[34:37] Community Benefit District: Preliminary Approval of the Final Assessment Engineer’s Report; Expressing Intention to Establish the Downtown Chula Vista Community Benefit District for Twenty Years; and Setting the Public Hearing on Such Establishment
[2:06:02] Agreement: Approve an Encampment Delegated Maintenance Agreement with California Department of Transportation (“Caltrans”) for Encampment Removal Activities Along Interstate 5 from Main Street to E Street
[2:58:49] Grant Acceptance and Agreements: Accept a Grant and Approve an Agreement with the California Board of State and Community Corrections, Approve Agreements with SBCS Corporation and SANDAG for the Proposition 64 Grant Program, and Appropriate Funds
[3:11:28] PUBLIC COMMENTS (CONTINUED)
[3:14:26] CITY MANAGER’S REPORTS
[3:14:51] MAYOR’S REPORTS
[3:17:24] COUNCILMEMBERS’ REPORTS
[3:18:31] Councilmember Preciado: Ratify Appointments to Boards, Commissions, Committees
[3:27:21] Deputy Mayor Fernandez: Ratify Appointments to Boards, Commissions, Committees
[3:40:10] CITY CLERK'S REPORTS
[3:40:15] CITY ATTORNEY'S REPORTS
[3:40:18] ADJOURNMENT

Transcript

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[5:32] I would like to call to order the meeting for
[5:36] September 1st. Madam Clerk, if you can please call the
[5:39] roll. Present. Deputy Mayor Fernandez. Here. Council member in Zunza.
[5:47] Council member Preciato. And Mayor McCann. Present. I'm going to
[5:53] ask if the member Preciato would lead us in the
[5:59] Pledge of Allegiance. Absolutely. Please stand if you're able to.
[6:07] Ready begin. I pledge allegiance to the flag of the
[6:12] United States of America. And to the Republic for which
[6:15] it stands, one nation under God, in the visible, with
[6:20] lifting justice for all. Move on to special
[6:29] orders. And we have a special order here to go
[6:34] ahead and have Lisa Brannon sworn in for the oath
[6:40] of office for the cultural arts. And there she is.
[6:44] Come on up. And in full disclosure. I was in
[6:51] music machine. And she is somebody who was there also.
[6:58] And just amazing what she has done over the years
[7:01] and supporting the Benita Vista High School performing arts. But
[7:07] Madam Clerkhall handed over to you. Thank you. If you'll
[7:11] please raise your right hand. Do you solemnly swear that
[7:14] you will support and defend the Constitution of the United
[7:16] States and the Constitution of the state of California against
[7:19] all enemies foreign and domestic that you will bear true
[7:22] faith and allegiance to the Constitution of the United States
[7:25] and the Constitution of the state of California that you
[7:28] take this obligation freely without any mental reservation or purpose
[7:32] of evasion, and that you will well and faithfully discharge
[7:35] the duties upon which you are about to enter? I
[7:37] do. Congratulations. Thank you. Obviously, signing up.
[7:59] Thank you, Lisa, and congratulations. Thank you. Now we'll move
[8:05] on. Now we're going to go ahead and move on
[8:11] to public comments. Madam Clerk, if you can please call
[8:15] the first, you know what actually what we're going to
[8:18] do is we're going to make the motion. I'm going
[8:20] to make a motion to approve the consent calendar. So
[8:24] move do I have a second? Second. Madam Clerk, do
[8:29] we have any speakers for the consent items. Yes, we
[8:33] do have two speakers on the consent calendar. We'll proceed
[8:36] with calling them. The first in - person speaker is
[8:41] John Acosta. Followed by Robert, who is remote. I don't
[8:51] have three point three. Your going to your
[9:01] wheel receive money from the alcohol ever said company or
[9:06] whoever, you know, what you all need to do. Minimize
[9:10] or reduce their places with the so - called tobacco
[9:13] or on downtown. There's more alcohol location where people could
[9:18] buy alcohol, then grocery stores. I mean, they have healthy
[9:23] storage, you know, because alcohol is everywhere. And that's very
[9:28] also in the homeless that drinking a lacaho. One of
[9:31] the things I'm going to be talking to you and
[9:33] you probably saw the posterior saying the prior day send,
[9:39] you know, regarding the disabled homeless wheelchairs later on the
[9:44] floor. And my question to you, who's going to have
[9:48] you went out into your district to check on the
[9:52] homeless, whatever it was so hot. You could see the
[9:54] pictures. It's hot. Mr. Costantica down on the consent agenda.
[10:03] Mr. Off topic, Mr. Costa. Okay, so therefore you should
[10:08] use some of its money to make sure you help
[10:11] this save homeless, dense of homeless. Bring home, familiarity. That's
[10:18] shame on you because you don't think of your district.
[10:21] And whenever I'm in J Street, is that your district,
[10:24] Jose? That is saving a wheelchair. Did you go and
[10:28] check on the DIYs or the other one is on
[10:30] the district three. Homeless disabled layer on the floor.
[10:43] Our next speaker is Robert, who is calling remotely. Robert,
[10:48] you have been unmuted. Please proceed with your comment. Thank
[10:53] you, Citi Clark. I appreciate it. Um, and, you know,
[10:57] thank you city council mayor staff. I appreciate all your
[11:02] guys'time. You know, it's, it's important that we come to
[11:05] these meetings to handle the city's business. Uh, on tonight's
[11:09] agenda. I, I pulled, you know, so I could speak
[11:14] on it. Even though I only get my three minutes,
[11:17] whatever anyways, um, 5. 2, uh, wastewater and the Sarah,
[11:24] uh, agreement. And, you know, it's, it's really like we
[11:29] have sweet water authority and outside water district. And they're
[11:33] like, their own entities and they, they represent the people.
[11:37] We have elected positions, but you know what? We don't
[11:39] have is we don't have like the same for the
[11:41] wastewater. And the city does the service or quote unquote
[11:46] does the service collects the fees charges us, whatever it
[11:49] is. Right. And I think there could be more highlighted
[11:53] transparency in that idea of, uh, moving into this new
[11:58] agreement with Sarah. And if I understood correctly, Jose correct
[12:02] me if I'm wrong, but, uh, having more voting power
[12:05] to these things. We're like the second highest contributor in
[12:09] the wastewater district of, you know, San Diego County. And
[12:14] we need to be proactive into these involvements that we
[12:18] have in, in infrastructure. And so my main reminder right
[12:23] now is to just remind you of how important that
[12:26] is. And that as a city being, it's one of
[12:30] the services that we pay for through the city. It
[12:33] should be more transparent. There should be more accountability. There
[12:37] should be more involvement, uh, to keep us ahead of
[12:40] the curve, uh, just like the stormwater drains and making
[12:44] sure all that is good to go, uh, wastewater is,
[12:48] uh, vital necessity. Um, you know, it's just an unfavorable
[12:53] topic. Right. And so sometimes we're going to need people
[12:57] to have courage to come and talk about things that
[13:00] they find, uh, they're interested in, am I a super
[13:04] knowledgeable person on wastewater? No, but I, I found out
[13:08] where the, the points of discharge are at from the
[13:13] South County, like right near the border, uh, point Loma,
[13:18] uh, you know, as far as I know, I didn't
[13:19] know about the, the one by the border too much,
[13:21] but when I heard about the one in point, Loma's
[13:24] left. Thank you. I appreciate the reminder. Um, uh, when
[13:30] I found out about the one at point Loma, started
[13:34] to kind of look into it more, led me to
[13:36] believe that all of, you know, the whole counties involved,
[13:39] but like as the second largest contributor, we need to
[13:42] be ahead of the game. So. Thank you for my
[13:45] time. Thank you. That concludes the public speakers on the
[13:51] consent calendar. Thank you very much. Let's go ahead,
[14:01] Madam Clerk, if you could please read the heading for
[14:04] the consent calendar. Item 5. 1 is approval of a
[14:08] motion to read only the title and waive the reading
[14:09] of the text of all resolutions and ordinances at this
[14:12] meeting. Idem 5. 2 is resolution of the city council
[14:15] of the city of Chula Vista approving the revised second
[14:17] amended and restated wastewater disposal agreement directing the Metro JPA
[14:22] representative to support the same at Metroed JPA meetings and
[14:26] authorizing mayor to execute same. And item 5. 3 is
[14:30] resolution of the city council of the city of Tulevista
[14:32] accepting grant funds from the Department of Alcoholic Beverage control
[14:35] for the alcohol policing partnership program for FISFOT required. Please
[14:40] vote. The consent calendar is approved
[14:50] unanimously. We will now move on to public comments. Madam
[14:55] Clerk, if you can please call the first speaker. Thank
[14:59] you. The first in - person speaker is John Acosta
[15:03] followed by Michael Benoza followed by David Garcia Ozua. First
[15:11] of all, remember in students, I'd like to me. I
[15:14] don't trust him. I don't say believe anything. It says.
[15:17] And remember if you play with pigs, you're going to
[15:19] become one of them or get dirty. Or must have
[15:22] four here when I can see a clone is called
[15:24] me constantly, cancelling calling for me to answer my covetous.
[15:30] He wanted to talk to me. When I, you know,
[15:31] he finally talked to me. He said, screaming hollering. And
[15:34] now he's having a fundraiser kickoff for his crony. For
[15:40] his corny. So, you know, I know that you're giving
[15:42] a lot of money away and you bought a new
[15:44] car and you went to Paris and now you're giving
[15:47] us a dollar to a person that you try to
[15:51] stuff. I'm getting a job in City Hall. Where are
[15:54] you getting all these money, Vincenzo? Are you calling, what's
[15:58] your name? Uh, let's see. What's the name? Uh, Consultor
[16:02] Marco Polo, Cortez again asking him for money. You know,
[16:06] or did you ever ask him for money? Where are
[16:08] you getting on this money for me? I mean, it's
[16:10] going to, what you need to do focusing on the
[16:12] situation and stop lying, started with suddenly to people. You
[16:16] like to me. You lied to me. I don't trust
[16:18] you. So therefore, you know, one of the things that
[16:21] if you're going to go to this kickoff fundraiser for
[16:23] your crony, you know, you might want to see an
[16:27] attorney make sure that he doesn't win a shirt like
[16:32] a logo. Like he did for Paloma. He doesn't represent
[16:36] you lavista. So therefore, you know, when that t -
[16:39] shirt for campaigning is unethical in our world. So therefore
[16:43] you need to tell him. There has to be something
[16:46] to stop him. Yeah. Something to stop him. One other
[16:50] thing like I say, you know, Michael, you know, you
[16:53] don't trust you. I just don't trust you. And you
[16:56] know, you lied to me. You say that you were
[16:58] in part of your military and family, you're not. You
[17:01] might want to ask the mayor from Imperial Beach, how
[17:05] does it feel. You know, because he knows that you
[17:08] lie, you claim to be a minister, military family. He
[17:13] is a military family and you're not. I might have
[17:16] time. I'm honored him not. I was talking to him
[17:19] talking about you racist situation where he goes for you
[17:22] to give fire for my other day, you know, so
[17:25] you might have, I might not, you know, you might
[17:27] want to ask it. Confirm. You know, like I say,
[17:30] you know, all these lines, uh, line of this campaign
[17:35] for a kickoff, for your, for your crony. Are you
[17:40] buying, by the way, how much does it cause of
[17:43] a politician? How much does a cost for council member?
[17:47] As soon as that can you tell me. The next
[17:55] speaker is Michael Benoza followed by David Garcia Ozua followed
[18:01] by Angelica Martinez.
[18:13] Good afternoon. Honorable mayor, members of the city council and
[18:17] the public. My name is Michael Benoza. My name is
[18:20] Selena Kim. We both attend Olympian high school and we
[18:23] are both on the district white committee for UNICEF in
[18:26] the CNHQ in District of Key Club International. If you
[18:29] don't know what KOS is, it's an organization that helps
[18:32] high schoolers learn leadership skills to a service and how
[18:35] to be part of their local communities. It is an
[18:38] amazing organization for all high schoolers and adults to be
[18:40] able to give back to their communities through service and
[18:43] to help people in our community's feel more connected with
[18:45] one another. Our units have committed in QAN specifically focuses
[18:49] on supporting communities using initiative from UNICEF. We have this
[18:55] evidence by our district - wide passion project where high
[18:57] school groups across California choose their own topics and projects
[19:01] to combat issues from protecting children's rights to conserving the
[19:05] environment. Our next big initiative that we are focusing on
[19:08] is our voices for Zambia project where we want to
[19:12] create an equal access to education for children's in Zambia.
[19:16] Now Zambia is a far away country, but that doesn't
[19:19] mean we shouldn't try and help. Every child, everywhere deserves
[19:21] to serve the rights to equal education, that is of
[19:24] quality. Local A4 such as once they can be made
[19:28] right here in Chula Visa, all contribute to global change
[19:31] for the better. This can be done with record 30
[19:33] fundraisers. That is hosted by UNICEF or by spreading awareness
[19:37] like here, right in our local governments. This initiative is
[19:41] extremely important to us because the fundraising and addressing for
[19:44] these issues from a small local community here can lead
[19:47] to a collective effort of multiple small communities everywhere, all
[19:50] trying to help the children in Zambia who are no
[19:52] less fortunate situation. We also wanted to do this initiative
[19:56] because San Diego has the largest refugee populations out of
[20:00] all of California's counties. Out of this refugee makeup, the
[20:04] large, one of the largest is the Zambia demographic. So
[20:07] when we advocate for these children in Zambia, it is
[20:10] also for the Zinibyan children here in Chalavista, San Diego.
[20:13] Thank you so much for your time and attention for
[20:16] our initiative, the voices of Zambia under CNH K -
[20:20] Wenske Club International. Thank you very much. Give them a
[20:24] round of applause. The next speaker is David Garcia Ozua,
[20:32] followed by Angelica Martinez, followed by Joseph Razo.
[20:42] David Garcia. Okay, we'll come back to him. Um, Angelica
[20:49] Martinez.
[21:00] Good evening, Mayor and Council members. Transparency, accountability, availability. Those
[21:08] are not campaign slogans. They are responsibilities at every elected
[21:13] official owes to the people they represent. Tonight I'm speaking
[21:17] about representation and district too. I have repeatedly raised concerns
[21:23] about crime in my district. I have provided photographs spoken
[21:28] with residents and business owners and asked what concrete action
[21:33] is being taken. Yet I could continue to hear silence
[21:37] from the person elected to represent us. During the August
[21:41] 5th, 2026, police department presentation. This council heard the crime
[21:47] data. The district two representative has said that he believes
[21:51] in data. Well, that evening, he heard the data, we
[21:55] all heard it. So my question is simple. What has
[21:59] been done since then? I agree that Cholevista as a
[22:03] whole is a safe city. I'm proud of that. But
[22:06] calling the entire city safe. Does not mean we should
[22:08] overlook the continuing crime problems affecting district two. Yes, I
[22:14] am biased because I live in district too. My family
[22:18] lives there. My neighbors live there. Our businesses are all
[22:21] there. We deserve the same level of safety attention and
[22:24] representation as every other part of the chulavista. Residents do
[22:30] not need another flyer, Jose, telling us that you are
[22:34] delivering results. We need to be shown those results. What
[22:39] specific actions have you taken? What measurable improvements have occurred.
[22:44] What has been done to support the businesses and residents
[22:47] who continue raising concerns. And where is a consistent visible
[22:53] leadership. Accountability means being present when the questions are uncomfortable.
[23:00] Transparency means showing the public the evidence. Leadership means taking
[23:06] action, not becoming emotional, we constituents demand answers. Tears are
[23:12] not results. Campaign flyers are not results. Results are measurable.
[23:18] Visible and felt by the people you represent. District to
[23:22] his waiting. So once again I'm asking where are the
[23:25] results. I have nothing further to say thank you. Our
[23:32] next in - person speaker is Joseph Razel followed by
[23:35] our remote callers David Watley and Robert. Oh. Gosh, oh
[23:40] gosh. Oh gosh. Shooting from the hip here. Uh, hell,
[23:44] this won't take three minutes. Main reason for coming is
[23:48] an apology. I find myself cornered trying to help district
[23:52] two. And I'm the one that's responsible for all those
[23:55] impeachments you Prisciato banners. You see going all over the
[23:58] place. Cause he's killing us. And, uh, downtown Chillis to
[24:04] every, I've always dreamt of turning into like a little
[24:06] Italy. And every improvement we try to do, he fights
[24:10] us. I don't know why, what he's got against business,
[24:13] got to give, I don't know whether one of those
[24:14] are. I can't get into it. But we're supposed to,
[24:17] we ordered the parkless taken out and, uh. I'm just
[24:21] discouraged. So I want to apologize for having to put
[24:23] those banners up all over the place. But we got
[24:26] nothing, but that's our last recourse. We have to get
[24:29] better representation. We got to move district two head. And
[24:34] I'm trying to prove downtown Chula Vista and it's driving
[24:37] us nuts that everything we do, everything we try to
[24:40] fix up. He fights us every step of the way.
[24:44] So again, I apologize. God bless you guys. We will
[24:50] now continue with our remote callers. Our first remote caller
[24:54] is David Watley followed by Robert followed by Madison Rapp.
[24:59] David, you have been unmuted. Please proceed with your comment.
[25:07] Hi, good evening, City of Chula Vista. My name is
[25:10] David Watley. Uh, can you guys hear me okay. Yes.
[25:15] Yes. Okay. Great. Okay. Thanks. So, uh, first of all,
[25:20] uh, I just want to say it's an honor to
[25:22] be able to participate in, um, your, uh, city council
[25:27] meeting this evening. I've actually never participated in a chulabista
[25:33] city council meeting, uh, full disclosure. I don't think I've
[25:36] ever been to Chulivista. But I want to go. I've
[25:39] been looking at your website and it looks like it's
[25:42] a fun place. So anyhow. I'm calling this evening to
[25:46] ask for your support with regard to my advocacy. Now
[25:50] I sent, um, this has to do with a lotter
[25:53] that I wrote to her name is Dr. Claudia Scheinbaum
[26:00] Pardo. I sent her a letter, she's this incredible scientist.
[26:06] Um, that actually she's an engine energy engineering scientist that's
[26:12] completed work for her thesis at the U. S. Department
[26:14] of Energy's Berkeley Lab up in the San Francisco Bay
[26:17] area. And so I don't know, like a couple of
[26:21] years ago, like she ran for president of Mexico and
[26:23] she won. And so I she's just incredible scientists that's
[26:28] now she's the president of Mexico. But she also happens
[26:31] to be, um, a member of the San Diego chamber
[26:34] of commerce. Not sure if there's, I'm sure there's folks
[26:37] that live in two low vista given the proximity. That
[26:41] are also members of that chamber. But anyhow, I wrote
[26:43] her letter in her capacity as a, you know, before
[26:47] she was sworn into office as president. And I sent
[26:51] it to her at the San Diego Chamber of Commerce.
[26:54] And I basically said, you know, congratulations on winning the
[26:57] presidency of Mexico. And I'd love to have your support
[27:02] with regard to my advocacy. And I talked to her
[27:05] about both foreign policy issues and domestic policy issues. Now
[27:10] as it relates to domestic policy, one thing that I
[27:12] mentioned in my letter, and I did send a letter
[27:14] to the mayor and the city council and the city
[27:16] clerk, a copy of the letter, um, so you guys
[27:19] should have that. Hopefully you can, you were able to
[27:21] open it. Okay. With a PDF document. As it relates
[27:26] to Chula Vista, I think that if you read the
[27:28] letter, I mentioned improving U. S.- Mexico, like public education
[27:34] and both the United States and Mexico. You have 30
[27:37] seconds. And so I would love to be able. Oh,
[27:40] perfect. I would love to be able to receive the
[27:42] support of Chula Vista, the city of Chula Vista with
[27:45] regard to that part of my letter. Um, you know,
[27:50] public education in both Mexico and the United States, you
[27:54] know, I think, well, I just, well, actually I want
[27:56] to give a great, an acknowledgement to that high school
[27:58] group from UNICEF sounds like high school kids and jewel
[28:03] of history doing wonderful work. Um, so anyhow, would love
[28:06] to have your support with regard to my advocacy as
[28:08] it relates to public education in both Mexico and the
[28:11] United States. Thanks so much. Thank you. Thank you. Our
[28:18] next remote caller is Robert followed by Madison Rapp. Robert,
[28:22] you have been unmuted. Please proceed with your comment. I
[28:28] have been unmuted. Thank you. Um. I have been unleashed.
[28:37] But your ears here, you know, it's interesting. I go
[28:43] to all these meetings, uh, learn a lot. And then
[28:47] I also am told many, many different versions of the
[28:52] truth. And I try to decipher and discern. And get
[28:56] down to what's actually true. And so, uh, last year
[29:01] an item was brought up to the city council to
[29:04] look into, uh, European heritage events, uh, stuff to celebrate
[29:10] and bring in more communities. And I look forward to
[29:13] hearing that item when it does come back eventually, hopefully.
[29:18] Um, but at the recent human relations commission meeting, uh,
[29:23] they brought up an item that wasn't a part of
[29:26] your list. You know how you directed them to focus
[29:29] on stuff that's only on the list. And you know,
[29:34] the chair brought it up and she was the one
[29:36] who advocated when I was bringing up my, you know,
[29:39] community or other communities, not just mine, uh, to add
[29:43] more, uh, things to recognize or, you know, not even
[29:47] full events, just, just recognition. Uh, they said, no, we
[29:51] can't do anymore. We already have too many subcommittees. We'll
[29:54] get to sub committees here in a second. And, uh,
[29:58] you know, that was the reason why she didn't support
[30:01] it was because she thought they did too much already.
[30:05] And at a recent meeting this last one, um, it
[30:09] seemed like they were trying to hide public records. I'm
[30:11] just going to be honest right there. It seemed like
[30:14] they were trying to. You know, certain phrasings of certain
[30:20] things. And ultimately they decided to disclose it and be
[30:25] transparent. Right. But at the same time, this item was
[30:28] brought that wasn't on the list. And every, every staff
[30:31] seems to seem, you know, Hey, it's an A -
[30:34] okay. We can have things. So, you know, I just
[30:36] wonder, does everybody on that board get to add things
[30:40] then. Or just the chair who, who's adding things. You
[30:46] know. And I'll just say to the public, so that
[30:50] way the other commissioners can know whether they can just
[30:53] add their own events and bring another community. You have
[30:56] 30 seconds left. Or if maybe like the last time
[30:59] that was brought up is voted down because it was
[31:02] a unite against hate week. Funded by, or, you know,
[31:07] in sponsorship with SPLC and all these other partners. And
[31:10] then they're accused of the one funding hate groups. So,
[31:14] you know, as the city, we looked out for the
[31:16] city and said, maybe we shouldn't tie ourselves to people
[31:19] who are involved in the scandals. You know, maybe you
[31:23] should sew some gratitude to the HRC for doing the
[31:25] right thing. Right. I doubt you guys even know what's
[31:29] going on. Your time has concluded. But am I muted.
[31:36] Thank you, Robert. The final caller is Madison Rapp. Madison,
[31:43] you have been unmuted. Please proceed with your comment. Hi,
[31:48] thank you. Good evening. So I wanted to bring to
[31:51] your attention something that California leaders are moving forward with,
[31:55] which is assembly bill 762, which would prohibit the manufacturer
[32:00] distribution and sale of disposable battery embedded electronic cigarettes in
[32:05] California. Disposable vapes have created a serious problem at the
[32:10] intersection of youth addiction and environmental damage. These products are
[32:14] designed to be used briefly and thrown away. Yet they
[32:18] contain lithium batteries and potentially toxic materials. They are increasingly
[32:22] littering our streets, parks, and beaches while also creating fire
[32:26] risks when damage or crushed in trash and recycling facilities.
[32:31] The scale of this problem is fattering. There are estimates
[32:35] that approximately 500, 000 disposable vapes are thrown away every
[32:39] day in the United States. And we also can't separate
[32:42] this environmental problem from the youth health issue. Vaping remains
[32:47] the most prevalent tobacco product among California high school students.
[32:51] These devices deliver highly addictive nicotine. And young people are
[32:56] being exposed to products. Whose long - term health consequences
[32:59] are still not fully known. As a mother, I find
[33:01] it especially concerning that we have allowed an entire category
[33:04] of addictive products to become both easily discarded. And so
[33:09] common in the environments where our children live play and
[33:11] learn. AB 762 recognizes that manufacturers should not be able
[33:16] to create products with embedded batteries, toxic waste, and fire
[33:20] hazards, and simply leave communities and taxpayers to deal with
[33:24] the consequences. I hope that California and two livista continue
[33:28] to prioritize policies that protect young people, reduce nicotine addiction
[33:33] and hold industries accountable for the environmental costs of their
[33:36] products. Thank you. Thank you. We have no more public
[33:42] comments. Thank you very much. Uh, now we will go
[33:47] ahead and we will move to action items. The first
[33:52] action item we're going to take is 7, 2, which
[33:56] is the preliminary approval of the final assessment engineering report
[34:00] for the downtown Chula Vista community benefit district. And we
[34:07] have Mr. Graham, who's going to give the presentation. Welcome.
[34:12] I want to be being K's fine.
[34:27] Thank you very much, Mr. Mayor and members of the
[34:29] city council. Tonight, I will be presenting the first step
[34:33] in the formation of an assessment district to replace the
[34:36] existing Chulivista property - based improvement district. I'm joined by
[34:41] Lute V Karuf, partner at BBK, who is our outside
[34:45] council on this item. This formation process is governed by
[34:48] the state California state law and the city's community benefit
[34:52] district ordinance. The action before you is to adopt a
[34:56] resolution preliminarily approving the final assessment engineers report, approving a
[35:00] resolution of intent to establish the downtown Chilevista community benefit
[35:03] district and setting a public hearing related to the establishment
[35:07] for November 10th. It also authorizes the city manager to
[35:12] vote in favor of establishing the district as the city
[35:15] has done in each of the three prior district formations.
[35:19] The existing downtown district along Third Avenue is an assessment
[35:22] of property owners who receive a special benefit from the
[35:25] use of those assessment funds. State law outlines the difference
[35:29] between special and general benefit and limits the use of
[35:32] assessment funds to activities that are above and beyond those
[35:35] provided by the city. The downtown property - based improvement
[35:39] district has been in existence since 2001 and has been
[35:43] renewed twice since then. It expires on December 31st, 2026.
[35:51] The formation of property owner assessment districts is primarily governed
[35:54] by state law. The role of the city is limited
[35:57] in scope and is intended to be a tool that
[36:00] allows her property owners to exercise their self - determination
[36:04] to ban together and assess themselves to create a critical
[36:06] mass and a geographic area that benefits those property owners.
[36:11] The first step is where the property owners to identify
[36:13] the properties to be assessed in an engineer's report, which
[36:16] the city has received. The formula for that assessment, the
[36:19] general outline of the services that will be provided and
[36:24] circulating the petition to the affected property owners is a
[36:27] part of the first steps of this. And a part
[36:29] of the actions that are occurring tonight. You'll see the
[36:32] green line, uh, underlines the stage in which we're at
[36:35] right now, which is essentially the petition and management plan.
[36:39] And based upon your actions tonight, the approvals that would
[36:42] move forward with a resolution of intent, the setting of
[36:45] a public hearing that would lead to ultimately the sending
[36:48] of ballots and the county of those ballots at a
[36:50] future public hearing. I would like to give an opportunity
[36:55] for our outside counsel from BBK to provide any additional
[36:58] information regarding the action before you tonight at this moment.
[37:02] Sure. Thank you, David, and good evening, Mayor, members of
[37:05] the city council. Um, just to brief add - on,
[37:08] that was a great description of the process. Um, in
[37:11] terms of the scope of what the city council's role
[37:13] is in this process, again, this is very much a
[37:16] business and property owner - driven process. The district is
[37:21] really formed for the benefit of the businesses and the
[37:22] properties that are within the boundaries of this district. So
[37:25] the role of the city council tonight, uh, with respect
[37:29] to adopting the resolution of intention, should you wish to
[37:31] do so is to essentially outline the scope of the
[37:34] services and the boundaries of the proposed district and to
[37:38] call a public hearing. As David mentioned, the next step
[37:41] would be balloting and noticing and validating the property owners
[37:43] that are impacted. And then finally a public hearing. At
[37:47] the time of the public hearing, um, assuming there is
[37:49] no majority protest, you will have an opportunity to make
[37:52] certain alterations to the proposals within the plan. Uh, this
[37:56] could be with respect to reducing the assessment to limiting,
[38:01] uh, the properties that are going to be subject to
[38:03] the assessment as well as to making certain changes to
[38:06] the services to be provided or potentially the duration of
[38:10] the assessment. Uh, one other thing to keep in mind
[38:12] is that the city council also has an opportunity annually
[38:16] should this district before the community benefit district for that
[38:22] year. So each year the community benefit district will provide
[38:26] the city council with an annual plan and report as
[38:29] to what it intends to do for that year, the
[38:31] budget and so forth. And you will have other opportunities
[38:33] at that time, uh, to weigh in. However, you know,
[38:37] the point of bringing all that information to you is
[38:38] just to talk about the scope of the city council's
[38:41] role, which is a bit limited in these sorts of
[38:43] formations. Thank you very much. Assessment districts like the one
[38:50] in Chulivista can be a bit confusing. So here's some
[38:52] information that should provide some clarity regarding the role of
[38:56] the city and the structure of the district. State law
[38:59] allows for property owners to collectively identify a specific geography
[39:02] that includes parcels that we're receive of special benefit from
[39:05] investment. And the activities of the district. The role of
[39:09] the city primarily centers around ensuring that there is a
[39:11] transparent process in which the affected property owners have the
[39:15] chance to vote on the formation of the district, waited
[39:18] by the amount of assessment they will pay. You can
[39:21] see here in this slide that the city has a
[39:24] role in the formation of the district that would be
[39:27] consistent with California property - based improvement district law and
[39:31] our local community benefit district ordinance. From that particular point,
[39:35] really the operation and management of the district and the
[39:39] utilization of the funds consistent with the management district plan
[39:43] is provided to the owners association, which in this case
[39:45] has traditionally been the third avenue association, the greater third
[39:49] avenue association, otherwise known as the downtown Chilevista Association. Decisions
[39:54] related implementing the plan, whether they have internal staff or
[39:57] they hire external, um, entity to contract with. Of that
[40:05] owner's association and decisions therein. Districts are run by owners
[40:11] associations, which is usually a nonprofit that either then hire
[40:15] staff or contracts with a firm to provide those services
[40:17] on behalf of the district. The district plays the city
[40:21] plays a role in the establishment of the district at
[40:24] an oversight role as you heard Mr. Karoof mentioned related
[40:28] to those annual reports of which we had one last
[40:31] week. But as far as the day - to -
[40:34] day management that primarily lives with the owners association, that
[40:39] is selected and the staff and or contracted entity that
[40:42] they work with. I will note that there have been
[40:44] some questions raised about the existing district, including at the
[40:48] last city council meeting, regarding management or some questions related
[40:52] to the operations. You know, questions may also be raised
[40:56] here tonight, but the operations of the existing district are
[40:59] not the subject of your decision. You have been actively
[41:03] engaging with individuals who have raised these concerns since then.
[41:06] And we plan to continue that engagement and can provide
[41:09] a response to the city council in the future. Tonight
[41:12] is focused on whether the requirements have been met to
[41:15] take the next steps in forming a new district to
[41:17] replace the existing district. So let's look at the district
[41:21] formation. Property owner is not businesses are the ones assessed
[41:25] by the district. Petitions from property owners with a weighted
[41:29] assessment totally more than 30 percent must be submitted to
[41:31] the city. Our role is to receive and confirm the
[41:34] petitions exceed the threshold. Then call a public hearing, which
[41:37] is the action tonight. Approve a resolution of intent and
[41:41] sun ballots to the affected property owners. These are the
[41:44] actions that you were deciding on. What you do, uh,
[41:48] what you were doing is giving the property owners the
[41:51] self - determination. To choose whether to form the district
[41:54] as outlined in the engineer's report for the activities that
[41:57] are generally consistent with those we see today. The city's
[42:01] role is not to make management decisions related to the
[42:04] administration of the district. It is to be frankly the
[42:08] one to set the framework up for the collection of
[42:10] those funds and the administration of those funds. Specific to
[42:16] the downtown Chulivista area, the renewal effort started with the
[42:19] existing property owners approving a renewal plan in January of
[42:23] this year. That resulted in a petition being sent to
[42:26] all affected property owners between May through August. A engineers
[42:33] report, a summary, um, of those petitions, the petitions themselves,
[42:39] as well as the certification that the petitions were sent
[42:42] to all affected property owners with the boundaries specifying location,
[42:46] the management district plan outline and where that is posted,
[42:50] which is at the downtown Chilevista Association website. We're all
[42:54] included with petitions that we're circulated meeting the requirements of
[42:57] state law. The petitions that we have received and that
[43:01] have been validated, uh, will get into in just a
[43:04] minute, but currently the percentage exceeds those to move forward
[43:08] with the actions tonight. So looking specifically at the petition
[43:12] results, uh, they totally approval by property owners of 34.
[43:18] 1 percent of the weighted assessed property owners, both the
[43:22] city clerk's office and the economic development department have received
[43:25] these petitions, have validated the percentage related to them that
[43:29] they exceed the threshold. And I'd like to thank the
[43:32] city clerk and her staff for her support. When we
[43:35] look at, um, the threshold that does exceed that 30
[43:38] percent also include several public agencies like the city, such
[43:43] as the county of San Diego and Sweetwater Authority who
[43:46] have voted in favor of the district. Now looking back
[43:50] at history, the city has approved the district formation in
[43:54] both 2001, 2006 and 2016. And our properties represent 17.
[44:03] An action tonight to move forward with balladine would mean
[44:06] that effectively 51. 6 percent of the property owners support
[44:11] the formation of this district. Looking at the comparisons between
[44:17] the existing district and the proposed future district, uh, there
[44:21] are 253 parcels that are included in the proposed district
[44:25] as opposed to 251. The future district is essentially mirrors
[44:31] that geographic boundaries of the existing district with a couple
[44:34] of minor revisions, which I will get to in a
[44:37] minute. It includes completing a mid - block extension of
[44:41] properties along H Street to 4th Avenue from 3rd. The
[44:47] formula for the calculation of the assessment used to include
[44:51] street frontage and land area and the proposed assessment also
[44:54] includes that. But given the densification of downtown, the actual
[44:59] building square footage is an important thing to calculate with
[45:01] the actual impact is of those potential buildings and businesses.
[45:06] And so building square footage has also been included. This
[45:10] really is a fairness issue when you think about a
[45:12] one - story building and its impacts and how it
[45:14] should be assessed versus say a five or six story
[45:17] building with much greater square footage. The new formula allows
[45:21] for a fair assessment of the property spaced upon their
[45:25] actual physical characteristics. And looking at the revenue that would
[45:29] be generated, um, given the district its boundaries and the
[45:33] formula, uh, approximately 200, 000 dollars are estimated to come
[45:38] from the new assessment revenue. The services that currently exist
[45:44] in downtown, including civil sidewalks, clean and safe programs, district
[45:48] identity, place making and special events. Would also continue under
[45:51] the new district with the potential expansion and enhancement of
[45:55] services given the revenues that would be generated. So let's
[45:59] look specifically at the map on the proposed district so
[46:03] that we can identify very clearly which properties will be
[46:06] impacted. As I said, it roughly mirrors the existing district.
[46:11] You'll see on this slide that in the north, there
[46:13] are three additional parcels that are contiguous and receive special
[46:16] benefit from the proposed district. And so they've been included.
[46:20] You'll see some black lines in there as well. Single
[46:24] family residences are not a part of a district formation.
[46:28] They're not allowed to be a part of a district
[46:30] formation and assessment. And so those black parcels are parcels
[46:34] that are currently being used as single family residences. Additionally,
[46:38] you'll see the red section about the middle, south of
[46:42] G Street. Those are also single family residences. So those
[46:46] have been taken out of the district and are not
[46:47] included. And then finally along H3 between third and fourth
[46:52] Avenue, you'll see that the district boundaries went up to
[46:56] a particular halfway through that third to fourth Avenue. And
[47:01] so these inclusion, these parcels on the north and south
[47:04] side of H Street would complete the contiguity all the
[47:09] way to Fourth Avenue. And it includes some key properties
[47:12] as well that would receive special benefits. I do want
[47:15] to note that of these, um, this includes properties that
[47:18] have submitted petitions and support like Edwards arm apartments, urbana
[47:23] for citizens bank. We did not receive any letters or
[47:28] petitions in opposition for any of the properties that are
[47:32] proposed to be included in the new district that we're
[47:35] not included in the previous district. And a total of
[47:38] 13 parcels that are single family residential have been excluded
[47:42] from the district. So let's look at the existing versus
[47:46] proposed changes as well. As I mentioned, the assessment formula
[47:50] does now include the building area. It also includes a
[47:55] assessment amount for residential condo buildings as the impacts of
[47:58] those buildings may be different or less than those of
[48:03] other commercial businesses or those being assessed. And when you
[48:07] look at the overall district and the changes, it primarily
[48:11] includes a continuation of services that benefit and provide special
[48:14] benefit to the entirety of the district plus the 11
[48:17] additional properties that have been included within the boundaries. When
[48:22] we look at the proposed activities and benefits drilling in
[48:24] a little bit further, uh, they continue to be special
[48:27] benefits for the property owners and the defined geographic area
[48:31] and expansion of sidewalk sweeping pressure washing, graffiti removal and
[48:34] trash removal. All things that keep downtown clean and safe
[48:37] are a part of this program. The enhanced landscaping and
[48:40] maintenance is also included. And we find that working with
[48:45] a organization like assessment district provides hyperlocal engagement, which gives
[48:49] us connection to the businesses and also sort of in
[48:52] an early warning system to the city on ideas or
[48:55] areas that can be improved. A new ideas for ways
[48:59] of making our downtown a stellar place to be and
[49:03] to visit. And then finally, I would like to note
[49:06] that in addition to all the special events that are
[49:08] put on by our downtown association. The district is generating
[49:12] non - assessment revenue. So in addition to the budget
[49:16] that we see today for the district, about twice that
[49:19] much, um, or nearly doubling of the budget, uh, comes
[49:23] from the non - assessment revenue, things like the farmer's
[49:27] market, the list muerte, this, the lemon festival, which have
[49:30] a significant economic impact or applying for grants, which the
[49:34] downtown association is applied for many grants that they've received
[49:38] and have provided a benefit. So in addition to the
[49:41] basic services that we see every day from the district,
[49:43] we also have the benefit of the non - assessment
[49:46] activities. They really make downtown a vibrant place to be.
[49:50] So what are the next steps. Should you approve the
[49:53] actions tonight? The next step would be for us to
[49:57] send ballots to the affected property owners that are outlined
[50:00] in the engineer's report. We would intend to send those
[50:04] out by the beginning of next week. And no later
[50:07] than that. Uh, we would then, uh, you would be
[50:10] setting the public hearing tonight for November 10th. We would
[50:14] then conduct that public hearing on that date, which includes
[50:17] a public ballot counting. Yes, we might have to take
[50:21] a break because we don't know how many ballots we'll
[50:23] get back yet to count those ballots. But those are
[50:25] done in public view, um, to ensure the transparency of
[50:28] this process. We would review the management district plan, which
[50:32] provides additional information related to the operations of the district.
[50:36] And who will be running the district, which in the
[50:38] petition was the greater third avenue association. And then approval
[50:42] over the final engineer's report, which lays the basis for
[50:44] the assessments that will occur. We would also evaluate our
[50:48] existing operating agreement with the owners association, which currently provides
[50:53] for how they interact with the city and the services
[50:55] that they can provide in things like public spaces and
[50:58] public right - of - way, and make any changes
[51:00] and bring that proposed operating agreement back to the city
[51:03] council. And then finally, should all of those steps occur
[51:08] and a district is established. The new assessment would begin
[51:11] on January 1st, 2027. So with that, uh, the action
[51:18] before you is to adopt the resolution, to approve the
[51:21] final assessment engineers report, set the resolution of intent to
[51:24] establish the downtown Chulivista district for a period of 20
[51:27] years. Set the public hearing on such establishment. And since
[51:32] to date, the city is not voted on this district
[51:35] formation. Authorize a city manager to vote in favor of
[51:38] establishing the district for all parcels within the district boundary
[51:41] owned by the city as the city has done three
[51:44] times previously and has been our practice. With that, I'm
[51:48] open for any questions and appreciate the time. Thank you
[51:52] very much, Mr. Graham. We're going to start with public
[51:56] speakers, Madam Clerk. Can you please call the first public
[51:59] speaker. The first speaker is John Acosta, followed by Sylvia
[52:06] Chydus, followed by Joseph Razo. I've been keeping up with
[52:11] a planning on this project. I really like it. And
[52:14] I think it's a, you know, he said he's very
[52:15] similar to Italy. One of the things of her comment
[52:19] about his ordinary. There is an ordinary, which is not
[52:25] been enforced. And as you know, don't tell the real
[52:29] estate surrounded by senior seniors. So that's, you know, evening,
[52:37] it's almost like a revolution. In that noise wise. It's
[52:42] nothing compared to little early. Can they really, activities going
[52:46] off there, but it's very quiet. And the control. So,
[52:49] you know, I like to see something that considered a
[52:52] senior school live around the area. When I think of,
[52:55] you know, I like to see it more senior friendly.
[52:58] Ministry and friendly because in the evenings, Israel loud, very
[53:02] loud and everybody started spending, it was very loud. He's
[53:05] not senior friendly. One other thing that, you know, I
[53:09] mentioned before in a mention of the plenty of side,
[53:12] it seems to make a walkable area. And what war
[53:15] area simply because, you know, this place, this place is
[53:18] to go for seniors, but in the evenings, yes, quite
[53:21] too loud. Like I say, he's not a compared to
[53:25] Italy in the evening. It's more like revolution en Tijuana.
[53:29] So cancered noes and McFrimley and, uh, you know, make
[53:34] it more family friendly, make a more senior oriented. Baby
[53:39] inclusive in the seniors. There's a senior senior population in
[53:45] the area. And once I started with this planning, I
[53:48] spoke to you and Council Member Priscilla. He said, well,
[53:50] they could use close the door, close the windows. No.
[53:54] That was not to carry their noise. Okay. So why
[53:58] was it just in 40 ordinance? That's what they, they
[54:01] have the ordinance, you know, they know this a lot
[54:02] of ordinance. They're, you know, they're by layer, they're nine
[54:05] force such as yourselves, you know, supposed to be two
[54:09] years a year. Some and some people have a yard
[54:14] sales and seven days a week. You know, I mentioned
[54:17] to the city attorney as a measure of preciado, you
[54:20] know, it's been neglected. So, you know, need to enforce
[54:23] the ordinance. That's why have the ordinary, if you don't
[54:26] enforce it. The next speaker is Sylvia Chyres followed by
[54:34] Joseph Razo followed by Stephanie at a chiga.
[54:45] Good evening, Mayor and Council members. My name is Sylvia
[54:48] and I'm here representing CNC flats of 43 unit conventional
[54:54] market rate residential community located at center and church in
[54:58] downtown Chulavista. We've been a member of the downtown Chilevista
[55:03] Association for the past two years. And during that time,
[55:07] I've really come to understand the value, the district brings.
[55:11] Not just two businesses, but to those of us managing
[55:15] residential communities and most importantly to the people who live
[55:18] here. Our residents include working professionals, families, members of the
[55:24] military law enforcement and medical professionals. These are people who
[55:29] work throughout our community and the greater San Diego region,
[55:33] but have chosen to make downtown Chula Vista their home.
[55:37] And what happens outside our building is a big part
[55:39] of that choice. Our residents regularly enjoy the farmer's market
[55:45] restaurants, festivals, and downtown activities. When I speak with perspective
[55:50] residents, the neighborhood and what is happening around us is
[55:53] often a big part of why they choose to live
[55:55] here. But there's another side of the district that I
[55:58] see as a property manager. Our driveway connects to an
[56:03] alley. And when we have issues with graffiti trash maintenance
[56:08] or houseless activities, having a direct line of communication with
[56:12] the DCVA and the resources they coordinate makes a real
[56:17] difference. We work together. We communicate regularly and I can
[56:21] see the results right outside of our building. The same
[56:25] is true of the clean sidewalks landscaping graffiti removal community
[56:29] events and the involvement of local businesses. All those things
[56:34] contribute to the quality of life our residence experience. I
[56:38] can work hard to provide a great living environment inside
[56:41] of CC flats. But our residents experience doesn't stop at
[56:45] our front door. The condition, activity and sense of community
[56:50] downtown are all part of what makes living here attractive.
[56:54] I think downtown Chillista has something unique. And I believe
[56:58] continuing the district gives us the organization and resources to
[57:02] protect what is working while continuing to improve. For those
[57:08] reasons, CC flat supports item 7. 2 and the establishment
[57:12] of the downtown Chillivista community benefit district. Thank you for
[57:17] your time. Thank you very much. Next is Joseph Razo
[57:21] followed by Stephanie Arretiga followed by Abraham Teran. Same story.
[57:31] Uh, I, um, I got a restaurant and two of
[57:34] us called La Bella Pizza that my parents opened up
[57:36] in 55. And we've always tried to improve the downtown.
[57:41] And since TAV, a first organized in 2001, we've been
[57:44] part of the organization. We're trying to make downtown a
[57:48] destination where people could come and enjoy. And the two
[57:51] big parts of the jigsaw puzzle that have come together
[57:54] now at the end of the year, if we can
[57:56] get this approved, we can get a district that everybody
[57:59] could unify and work around bringing the events to live
[58:02] in fessel, stuff like that. If we get that, can
[58:05] we replace Jose Priciado on the council? He put those
[58:09] two pieces together. And I think we'd succeed. So that's
[58:12] all I'm voting encouraging to vote for that because we
[58:16] want to see organized and continue to improve downtown Julista
[58:20] Mattizol. Next is Stephanie Arachiga followed by Abraham, Terran, followed
[58:28] by Kevin O'Neill. Hello. Good evening again. Yes, I did
[58:38] send Mr. Graham and Mr. Lamondrey an email with detailed
[58:43] minute meetings for what I had indicated last week. Their
[58:47] bylaws and discrepancies that they both said, um, last week.
[58:52] And although Mr. Graham did email me back today, he
[58:55] did say anything related to DCAVA. Please address them. And
[59:01] I have yet to hear from Mr. Lamonjri. And it's
[59:05] been a week. And those questions are very important about
[59:08] governance, especially since where they're asking us to approve a
[59:12] 20 year plan. That is huge. And within that plan,
[59:18] it allows for a seven percent increase in assessment dues
[59:22] or fees, whatever the right word is. Um, it doesn't
[59:25] mean that every year it's going to be seven percent,
[59:27] but they will have the right to do seven percent.
[59:32] I think the last plan was up to three three
[59:35] percent. And it's also important to note that a lot
[59:37] of the, um, assessment fees actually get passed down to
[59:40] the business owners that are renting those spaces. And those
[59:44] business owners under this plan have no representation. It's only
[59:48] the property owners. And one thing that I really do
[59:52] want you all to focus on is the weighted votes.
[59:55] If you think about it, the city has what 15
[59:58] percent, I forgot 12 percent They have a pretty big,
[1:00:02] um, you have other, um, large, uh, property owners, I
[1:00:08] think like smizer group might be quoting that wrong. Um,
[1:00:12] they also own a really big part. So essentially we,
[1:00:16] they only need to solicit votes from very small percentage
[1:00:20] of people. Because again, that vote is waited. So my
[1:00:24] question specifically to the city council is what governance and
[1:00:29] accountability safeguards have other jurisdictions incorporated when incorporated when authorizing
[1:00:36] a 20 year district, particularly those districts who are being
[1:00:39] renewed or converted from existing assessments. Also, are there going
[1:00:43] to be safeguards for representation for property? I mean, I'm
[1:00:47] sorry, for business owners, uh, the question. Uh, before council
[1:00:52] should not be whether we need a PBID, like, of
[1:00:54] course we do. All of the things that Ms. Sylvia
[1:00:56] had indicated can still exist under a PBID that's not
[1:01:01] 20 years. That's not, um, that's inclusive of business owners
[1:01:07] as well. Um, and I do, I know I only
[1:01:10] have 23 seconds. I do want to be very transparent
[1:01:12] with everyone. There are at least two news outlets that
[1:01:15] are interested in this story specifically about the PBID and
[1:01:18] the association. I've also applied for a grant for additional
[1:01:22] support and investigation. So I can, um, hire experts from
[1:01:26] Southwestern university professors of business econ to help me look
[1:01:30] through the financial records of the association. Thank you. Next
[1:01:37] is Abraham, Turan, followed by Kevin O'Neill, followed by Daisy
[1:01:42] Romero. Abraham. Ab was here. I don't know if he
[1:01:52] went to the restroom. But go ahead and call up
[1:01:56] Mr. O'Neill. We'll go on to Kevin O'Neill followed by
[1:02:00] Daisy Romero. Good
[1:02:10] evening. Honorable mayor, councilman and woman. Um, Kevin O'Neill. I
[1:02:18] cut to the chase. Yes. We support it. I think
[1:02:23] this is. A good thing. Um, I was skeptical in
[1:02:28] the beginning. I think I gave David into the mandaris
[1:02:31] heartburn. For a while as I became more, more comfortable
[1:02:35] with it. We probably represent probably the largest private. Block
[1:02:45] of. Property within this and the expanded. That would include
[1:02:51] the health and fitness center on third avenue all the
[1:02:54] way down to all those green spaces on the north
[1:02:58] side. And quite frankly, the aggregate assessment was more than
[1:03:07] it would cost us to hire a full time maintenance
[1:03:12] person to take care of our properties. But we need.
[1:03:18] It's trite, but a rising tide raises all boats. And
[1:03:23] we're doing what we can to make third avenue. Populated
[1:03:29] and an exciting. I think we go further. The one
[1:03:34] thing I would like to see to make this successful
[1:03:36] is that the downtown business association should have a direct
[1:03:42] line of communications to the hot crew.
[1:03:53] The PD generally speaking. Because that, that's what we need
[1:03:58] to have. So we think it is a wise investment
[1:04:02] in the community. Our property will be worth more and
[1:04:06] more inviting to those who would live and work within
[1:04:10] it. Uh, the better and more lively, that third avenue
[1:04:16] comes. So that's, that's what I have to say. Thank
[1:04:20] you. Thank you. Thank you. Um, next we have Daisy
[1:04:26] Romero. Followed by Abraham Turin if he's back. Good
[1:04:36] evening. Mr. Mayor, Council members, I'm here in my capacity
[1:04:40] as a business owner. I own two retail shops on
[1:04:43] third avenue and what eternal. And Choloskit. My name is
[1:04:46] Daisy Romero. I'm here in support of the district just
[1:04:49] because I've seen firsthand what it does and just being
[1:04:53] able to have, um, somebody, you know, nearby to say,
[1:04:58] Hey, like this needs power washing. I know it's small
[1:05:01] things, but that's what makes, you know, third avenue really
[1:05:04] inviting. And I know in the past, um, I've seen
[1:05:08] just a lot more people saying, Oh my God, I
[1:05:10] haven't been to downtown in years. This has changed so
[1:05:13] much. It looks so good. Like this is so great.
[1:05:15] And I'm like, this is a great part of town.
[1:05:19] And I think if we keep the momentum going with
[1:05:21] the district is going to be just very helpful for
[1:05:23] all the businesses there. Um, and just even down to,
[1:05:27] you know, the tables and chairs. And not everything has
[1:05:31] to be like super grandiose, but just the little things
[1:05:34] that make people in the community want to come and
[1:05:37] spend time here. And obviously money. It's always really helpful.
[1:05:44] And, um, you know, also like the events, lemon festival,
[1:05:48] you know, it's such a successful event for us. And
[1:05:51] we get so many people to come down who from
[1:05:55] all parts of the county and, you know, more business.
[1:05:58] So, you know, just here to support, um, the work
[1:06:02] that, um, that, you know, they've done. And hopefully we
[1:06:07] can keep this going and grow, you know, downtown further.
[1:06:12] So I hope you guys support this. Thank you very
[1:06:14] much. Thank you. Thank you. Um, is Abraham Taran back
[1:06:20] in the building. No, he said. He had to leave.
[1:06:24] Okay. We'll continue with our remote callers. Our first caller
[1:06:29] is Robert. You have been unmuted. Please proceed with your
[1:06:32] comment. Thank you very much. Um. So.
[1:06:42] You know, I'm not here to argue with property owners
[1:06:45] that want to do the process. Right. I'm against the
[1:06:49] weighted vote with the city. And then they have something
[1:06:53] to gain from it. And then, you know, it just
[1:06:56] puts me in a predicament where I have to ask
[1:06:59] like, why should the city even take a position? It
[1:07:02] should just be something voted on between the property owners.
[1:07:06] I mean, you guys aren't property owners. You guys are
[1:07:08] the city of Chilevista, right? Like you guys aren't someone.
[1:07:12] You guys are a thing. You know, when did, when
[1:07:15] did, uh, governments be able to start voting. We voted
[1:07:19] for McCann or in soon soon or whoever, right. And
[1:07:24] those are the people who get to vote. Not those,
[1:07:27] not the city. Right. And so, you know, I, I
[1:07:33] have a huge issue with that idea of transparency. To,
[1:07:37] uh, I don't know what offset it is, but it's
[1:07:41] definitely a financial conflict of interest just on that alone.
[1:07:46] So, you know, and like I said, I'm not against
[1:07:49] the owners voting, right? Like the property owners. It sucks
[1:07:53] for the renters. I hear the, I hear you on
[1:07:55] that one. There's not much I can do about that.
[1:07:58] But I hope that in an idea of fairness, I
[1:08:01] mean, you're talking about a complex that rents to single
[1:08:05] family is that gets to vote, but then single families
[1:08:08] don't get to vote. So it's a little hypocritical. Um,
[1:08:12] and then if you lost them, how much money would
[1:08:14] come in? And, you know, and so like, I don't,
[1:08:17] you know, like I said, I think those are a
[1:08:19] real conflict in one person being able to vote 17
[1:08:22] times. Or however many that is like, you know, how
[1:08:31] many boats do you get on the dais one or,
[1:08:33] or 17 times. You guys let me know they're even
[1:08:37] going to count the ballots in public. Can you believe
[1:08:40] that they don't need computers to do all their towning.
[1:08:43] I know you guys just put your faith in computers,
[1:08:45] but they'll, they'll even said they're going to count it
[1:08:48] right in front of us. And then we'll get to
[1:08:49] read the city of Chilevis and voted. 17 times. San
[1:08:55] Diego County voted, however, three, uh, three water authority voted
[1:09:00] one. You know, you have 30 seconds left. You know,
[1:09:07] thank you. Uh, you, you probably won't show the names
[1:09:09] cause that would be doxyna voter. But you'll count it
[1:09:15] in front of us and then everybody'll know that no
[1:09:19] matter what they did, the city of Cho Vista runs
[1:09:21] this, the district doesn't run it. Obviously. The district can't
[1:09:26] even vote for it. Like enough to not allow it
[1:09:30] to happen. So it's a huge convoy of interest that
[1:09:34] you chose to your time is concluded. Maybe she does
[1:09:37] not vote. Like you should just like not vote on
[1:09:39] this one and sit it out and see what happens.
[1:09:42] Right. You know, try something to do. Anyways. That concludes
[1:09:50] the public comment. Excuse me, Mr. Mayor. I'm sorry. We
[1:09:53] have one additional speaker who, um, like to address the
[1:09:56] city council on this item. If you could just state
[1:09:58] your name for the record, please. Yes. Go ahead. Thank
[1:10:01] you. Apologize. I checked in at the front there, but
[1:10:07] I guess I got overlooked. Well, we got you now.
[1:10:10] So we're good. Right. My name is Joe Warren and
[1:10:13] I'm here to lend my support. For item 7. 2
[1:10:17] on the council agenda and the establishment of the downtown
[1:10:20] Chula Vista community benefit district. I've been a board member
[1:10:24] of the downtown Chula Vista Association since November of 2022
[1:10:29] and served as the president of the board since December
[1:10:32] of 2025. I'm on the board as the property ownership
[1:10:37] representative of the Smiser family, which has owned the property
[1:10:41] known as Park Plaza located at 310 3rd Avenue since
[1:10:46] 2001. Perhaps you've had a coffee from dark horse. We
[1:10:51] currently have over 30 tenants that are doing business here
[1:10:54] in the district. And my office has been on site
[1:10:57] at the properties since 2018. And I'm down here every
[1:11:01] day. And very familiar with what it takes to maintain
[1:11:04] and operate the property in the district. I believe the
[1:11:08] continuation of the district is critical to the continued success
[1:11:12] of the businesses in the district. The city itself has
[1:11:16] made a major investment in the sidewalks landscaping. Lighting and
[1:11:21] signage and done a terrific job with it all, um,
[1:11:24] in turn all these items require ongoing maintenance, repair, replanting,
[1:11:29] cleaning and care well above and beyond what is found
[1:11:33] on a typical street. In our case, I personally meet
[1:11:37] with prospective tenants and I consistently hear them say that
[1:11:40] they want to be right here because of the inviting
[1:11:43] atmosphere that the district has created and how clean it
[1:11:46] is kept, how well it is maintained, um, and they
[1:11:50] enjoy seeing the people out and about using the new
[1:11:52] tables and chairs. And with having so many restaurants, coffee
[1:11:57] shops and other amenities right here. It's very inviting atmosphere.
[1:12:00] Other tenants have found us during their visits to the
[1:12:03] weekly farmers markets, um, or to the lemon festival or
[1:12:07] one of the many other events, uh, that the association
[1:12:09] puts on. And through a combination of these factors, our
[1:12:13] property is stayed nearly a hundred percent least for several
[1:12:15] years with many thriving businesses. Uh, briefly shifting to the,
[1:12:21] what the renewal plan looks like. I believe the inclusion
[1:12:24] of the new building square foot factor is one of
[1:12:28] the most important, um, aspects of the plan. And a
[1:12:32] quick example of this is the new seven story apartment,
[1:12:35] um, building at third and E. I believe it was
[1:12:37] previously used as a car sales lot. But without the
[1:12:42] proposal, um, changed in the new plan that factors in
[1:12:46] the building square footage. They would be paying the same
[1:12:49] amount, um, an assessments, whether it's the car lot or
[1:12:52] a 56 unit residential building. So I think we should
[1:12:55] be grateful for the foresight envisioned to get, um, in
[1:12:59] front of this with a formula that will grow as
[1:13:01] the district grows. Um, we support the measure and I
[1:13:05] hope you will too. Thank you. Mr. Mayor, we also
[1:13:09] have Timothy Parker who would like to speak on this
[1:13:12] item. And if you registered for this item and have
[1:13:14] not heard your name yet, if you'll please come up
[1:13:16] to the city clerk's desk here. Yes. Thank you. Welcome
[1:13:21] Tim. Hey, how's it going? Dave. Thank you guys for
[1:13:25] having me. I'm Tim Parker on a two of us
[1:13:27] debris. Been here for about what nine years now. So
[1:13:30] I kind of got to hurry up because I added
[1:13:33] some comments. Uh, this is to David. Today David said
[1:13:37] that some of these questions are unrelated and should be
[1:13:40] disregarded. I strongly disagree. My question should never be disregarded,
[1:13:45] David. Um, you get your, yes, you did go back
[1:13:48] and read a minute. David present himself to this council
[1:13:53] as the subject matter expert on the P bill. But
[1:13:56] when we act substantial questions about the government's, the voting,
[1:14:00] the compensation, the oversight. We are directed to the DCBA
[1:14:04] records request or incomplete public information. Each corrected, these questions
[1:14:10] are directly related to what we are being asked to
[1:14:13] approve today. So that was to you. Now let me
[1:14:15] go back to my rebel. Now that I said, all
[1:14:20] right, I wanted to explain why I continue to raise
[1:14:22] concerns about the downtown Chulavista Association. This is bigger than
[1:14:26] the disagreement between businesses and associations. This is about transparency,
[1:14:31] accountability and city responsibility for oversight. David Graham recently responded
[1:14:36] to questions by explaining that the DCVA is a separate
[1:14:39] entity from the city of Chilevista and recommended that questions
[1:14:43] regarding the DCBA be directed back to the DCBA. That's
[1:14:46] amazing because he's supposed to be up here speaking for
[1:14:48] the DCVA. So which one is it? A subject matter
[1:14:51] expert or he just up here. To BSU guys. Um,
[1:14:56] but that's exactly where the problem lies. When this PBF
[1:15:00] comes before the council, city staff and Lucy America stand
[1:15:04] here as the people knowledgeable about the program and provide
[1:15:07] information to council that the council, you guys realize upon.
[1:15:11] But when we act specific questions about governments, boards, selection,
[1:15:15] compensation and financial records, we are directed back to the
[1:15:17] same place again. So who is actually verifying the information
[1:15:21] before the council approves it. Who you rely on that
[1:15:26] person. But when you ask him a specific question, he
[1:15:28] can't answer. But he's giving you all this so -
[1:15:31] called information. All right. So I gave you examples of
[1:15:36] other cities since he has no information. Other city provided
[1:15:40] it for you for free via Google. If you look
[1:15:43] at the annual report, I gave you guys examples. There
[1:15:47] is 300, 000 expenditures or 193, 000 programs and events
[1:15:53] are projected to generate 340, 000. But the council is
[1:15:57] given very little explanation. If you go to Pamona, they
[1:16:00] give you a lot of information. If you look at
[1:16:02] that exhibit I gave you. If you look at the
[1:16:04] revenue for promoter, it identifies the assessment to city contract,
[1:16:09] the individual events, the revenues, the sponsorships and other sources.
[1:16:12] That's transparency. That's where you don't have. If you go
[1:16:15] look at that, they don't tell you where that's money
[1:16:17] going. Now look at the governance. Promoter tells you where
[1:16:21] the governance is at and what they doing. Oceanside goes
[1:16:26] even further. I'll put this all in exhibit for you
[1:16:28] guys to see. So I'm respectfully. I'm not trying to
[1:16:31] get rid of the P - bet. I want you
[1:16:32] to correct it. This is our opportunity to correct it
[1:16:35] before you give 20 years. To this organization. That's a
[1:16:40] lot of time, a lot of tack pair of dollars.
[1:16:42] And please don't ever walk up here and say what
[1:16:44] I have to say doesn't matter. Thank you very much.
[1:16:48] And we paying attention Parker. Thank you very much. Thank
[1:16:51] you. Thank you, Dave. That concludes the speakers on this
[1:16:56] item. Thank you very much. I will go ahead and,
[1:17:05] uh, first recognize the member from District 2. Thank you,
[1:17:11] Mr. Mayor. Um, a few items that I interested in
[1:17:16] discussing some of the language included in the document that
[1:17:21] is before us, uh, speaks to the issue of safety.
[1:17:25] And I wanted to ask. Mr. Graham to and Council
[1:17:33] Appropriate to discuss what is meant by safety. Is safety,
[1:17:38] um, include public safety such as a police department or
[1:17:43] a code enforcement or anything that the city does separately
[1:17:48] or is safety delimited in some way in the document.
[1:17:52] Thank you very much, Council Member Preciato. So, uh, the
[1:17:55] documents reference clean and safe or safety of the public.
[1:18:01] It is not the term we would use related to
[1:18:03] public safety, which generally is police at fire. Uh, there's
[1:18:06] not duplicative efforts happening in those spaces. When we're talking
[1:18:09] about being in safe, it's primarily clean sidewalks, graffiti abatement,
[1:18:14] the alleys that are occurring. Some limited level of contacting,
[1:18:18] for example, the hot team in the case of a
[1:18:20] homelessness or uncheltered person situation. So there is not a
[1:18:24] role within the district or funded by this related to
[1:18:28] public safety. As we would consider it in the police
[1:18:32] and fire and security science. Thank you. Another question. Will
[1:18:38] there be. Some ordinance require that business owners be represented
[1:18:44] on the governing board or in any capacity on this
[1:18:49] assessment district that is formed and funded by, uh, property
[1:18:54] owners. So I'll reference the existing district, which has both
[1:19:01] property owners and business owners. At this point in time,
[1:19:04] there's not a decision related to the owners association or
[1:19:07] what the makeup of that board is. This is just
[1:19:10] to make a decision related to move forward with actually
[1:19:13] balloting the property owners to see if there is support
[1:19:16] for the actual formation of the district. Decisions related to
[1:19:20] who the owners'association would be, what the board makeup of
[1:19:24] that would be, which would be provided to us by
[1:19:26] the owners association would all be information that we would
[1:19:29] receive subsequently. November 10th or thereafter related to decisions on
[1:19:36] if a district is formed because the property owners have
[1:19:38] voted in favor of it. Who is going to run
[1:19:41] that district? What does that district board look like? Who
[1:19:45] are the representatives on that district? Thank you. Uh, I've
[1:19:50] heard from prominent business owners that this community benefits district
[1:19:57] that reflects a recommendation of the economic development committee that,
[1:20:02] uh, deputy mayor Fernandez and I chaired and then subsequently
[1:20:05] was supported by the full council. And mayor. Um, I
[1:20:10] think this is a proof of concept that may benefit
[1:20:13] the rest of the city. I support the 20 year
[1:20:17] period and I'll speak to that briefly. I also support
[1:20:22] its formation. I'm glad to see that significant property owners
[1:20:28] have decided that the way of the assessment is consistent
[1:20:32] with what they would expect to see. Initially, we heard
[1:20:37] a lot of different opinions from those who are being
[1:20:41] assessed about whether or not this was beneficial or not.
[1:20:45] But I'm, when a property owner comes and tells me
[1:20:50] they have full occupancy and have people interested by what
[1:20:55] is being created by this district. We start understanding why
[1:20:59] other parts of the city, including within district two or
[1:21:04] looking to see if a community benefits district is what
[1:21:07] they need to have in their area. And to do
[1:21:11] the kind of, uh, improvements and quality of atmosphere. I
[1:21:18] will make a comment, though, um, I'm concerned about the
[1:21:21] public safety component. And I know that, um, just recently
[1:21:27] just on the social media feed, we saw, uh, something
[1:21:32] dramatic happened in front of the silver dollar. And so
[1:21:35] I don't know if part of the operation plan can
[1:21:40] include either private security or even the installation of, um,
[1:21:47] uh, well, I'll just speak to my experience on San
[1:21:52] Diego State University. We have, um, buttons that you're able
[1:21:56] to push that indicate there is an emergency going on.
[1:22:00] And you don't really have to be the person experience
[1:22:02] in the emergency. You could be, you could observe something
[1:22:05] happening. And you could call, and I don't know if
[1:22:08] that's an amenity that would enhance the community and be
[1:22:12] consistent with how the property is assessed. I'm not necessarily
[1:22:19] sure, but I think it's something we need to examine
[1:22:22] and look into code enforcement is also very important. There
[1:22:27] are some folks who use signage or other activities that
[1:22:33] are not compliant. And there's always a call for compliancy.
[1:22:39] And in fact, you heard one of our constituents that
[1:22:42] they talk about noise abatement. I'm very familiar with the
[1:22:50] challenges many of the businesses have in maintaining a good
[1:22:53] business model and maintaining their responsibilities. Are observed differently, but,
[1:23:03] uh, I know that, and I know people in this
[1:23:05] room have experienced what ABC can do if you don't
[1:23:09] follow your noise. And I don't think it's fair, but
[1:23:13] it is a way of, um, managing and monitoring noise.
[1:23:18] Um, and, uh, it's what we have now. So we
[1:23:22] do have an ordinance, but some of the businesses who
[1:23:24] are licensed that have, uh, have noise considerations and hours
[1:23:29] of operations. So I think I might disagree with the
[1:23:33] characterization offered. I'm glad to hear, though, that, um, businesses
[1:23:39] are here affirming the value of third avenue. Um, if
[1:23:44] you hear from one or two individuals, you may hear
[1:23:47] that the sky is falling. Um, but I get to
[1:23:50] meet with businesses all the time. They make appointments and
[1:23:54] come visit me in my office. And, uh, and I,
[1:24:00] I'm hearing very good things. I'm hearing about expansion plans.
[1:24:03] I'm hearing about new, new entities coming to third avenue
[1:24:08] looking at these, uh, facilities. And so. Um, and just
[1:24:14] even down the street, if you go to the other
[1:24:16] end of third avenue near eight street, you see a
[1:24:20] little coffee shop that has not very much of a
[1:24:23] kitchen, but they're always full. They have a line. They
[1:24:29] close at 2. 30 or 3 and people wish they
[1:24:32] were open longer. And all of a sudden they started
[1:24:34] improving their business and having more resources. And now they're
[1:24:38] going to open another business somewhere else. Um, I also
[1:24:42] saw the experience of losquates who had the advantage of,
[1:24:46] uh, I think Mr. Rosso calls them parklets. I called
[1:24:50] them a nuisance. Uh, I was disappointed with the few
[1:24:56] businesses that didn't honor their obligations to agree that it
[1:25:00] was a temporary structure. But the majority of the businesses
[1:25:04] agreed and honored and followed what the city manager decided
[1:25:09] to do, not me. I don't have any ability as
[1:25:12] a member of council to go and pick up. These
[1:25:18] parklets that had not honored their obligations. To be frank,
[1:25:24] I'm concerned about the parklets coming back. But staff and
[1:25:29] businesses are working on a plan. And when they come
[1:25:32] back, I hope that they are valued assets. I hope
[1:25:39] that there's a fair distribution of them. It's not everybody's
[1:25:42] going to have one. And so I've asked staff to
[1:25:45] verify what will be a fair process in allocating parklets
[1:25:50] on that street. And let's not forget that one of
[1:25:53] the other elements in the district that is lacking, um,
[1:25:57] which Ms. Chuck Acosta, you'll be happy to hear. I've
[1:26:01] been asking for blue parking spaces on the, on third
[1:26:06] avenue for a long time since I joined the council.
[1:26:10] Um, I know that other tenants have come into live
[1:26:14] on third avenue who benefit greatly from having these structures
[1:26:18] that support walkability and movability. In the last decade, we
[1:26:25] improve that whole third avenue with over 21 million dollars.
[1:26:33] This included even the design of the, um, the center
[1:26:41] landscaping and the landscaping that goes along the streets. That
[1:26:45] costs hundreds of thousands of dollars to design to install.
[1:26:50] And now thanks to the community benefits district, maybe maintained,
[1:26:55] uh, for at least the next 20 years of this
[1:26:57] proves to be successful. All in with this, uh, I
[1:27:03] wish everyone well on third avenue. I hope all of
[1:27:07] the business succeed. I hope all of the businesses have
[1:27:10] an opportunity to find the right product. Find the customers
[1:27:14] they're interested in having. And so that's capitalism. I'm very
[1:27:20] proud of the people who are on third avenue are
[1:27:23] thriving. Uh, I wish, as I said, I wish everyone
[1:27:27] well. I spent about nine years going to third avenue,
[1:27:34] almost every other week when Manjytayana was open and I
[1:27:37] was devastated when I saw it close. Uh, because it
[1:27:41] was a community center almost for me. And so I
[1:27:48] know the value of having these kinds of assets. And
[1:27:53] so I just want to wish all of the property
[1:27:56] owners well. And I'm going to make this statement not
[1:28:01] because I minimizing in any way the feedback we get
[1:28:05] from the public. But our staff do not have the
[1:28:10] ability to respond or react or to recharacterize or to
[1:28:15] do anything like that. So I will accept all the
[1:28:18] criticism you want to offer me or any member of
[1:28:22] the dais. But I really value the professionalism that we
[1:28:26] get from our staff and the contributions they make, the
[1:28:30] enormity of their contributions. They make every day to the
[1:28:33] success of the city. And so, uh, I just want
[1:28:37] to invite us to more, to disagree in a manner
[1:28:42] that's more civil, um, to disagree in a manner that
[1:28:46] acknowledges that the staff, when they speak, they speak for
[1:28:51] the city. And, um, I, uh, I really value Mr.
[1:28:56] Graham's advice. I really value the change he's brought to
[1:29:02] the city. And, um, I hope whatever miscommunication or misunderstanding
[1:29:11] or in unintended slide can be corrected because I think
[1:29:16] it's important that, um, that our stop evalued, uh, particularly
[1:29:22] when they're sitting at the dais really representing the city.
[1:29:28] And so I invite all parties to meet, to discuss
[1:29:33] this agreements, um, but, um, I want to apologize, um,
[1:29:41] offense you may have taken, um, because I should have
[1:29:44] intervened and not supported that kind of, uh, characterization. We
[1:29:52] can disagree, um, but let's do so in a manner
[1:29:56] that values everyone. And in that manner, uh, I do
[1:30:01] seek and hope and invite the current leadership, um, which
[1:30:08] I think Mr. Rosso is even a voting member of
[1:30:10] that leadership. If you can speak to the issues that
[1:30:13] Mr. Barker is raising, he might, we might be advantageous
[1:30:17] for all of us in the community to know why
[1:30:21] he is not feeling represented by such an advocate like
[1:30:25] yourself, Mr. Raza. On that agency. You're a member of
[1:30:30] and that you, um, vote in. I'm sure he would
[1:30:34] benefit greatly from having your guidance and advice. Having said
[1:30:41] that, I will, uh, I know my colleagues will probably
[1:30:46] comment as well, but I would be privileged to have
[1:30:50] the opportunity to move this item forward and to move
[1:30:53] the various pieces that we'll be required to initiate the
[1:30:58] process. For the property owners to decide if they're going
[1:31:02] to have this district or not. Thank you very much,
[1:31:05] Mr. Mayor. Thank you very much. I will recognize the
[1:31:08] member from District 4. All right. Thank you. I appreciate
[1:31:14] the work it took to bring this forward. Appreciate the
[1:31:17] public coming out sharing your thoughts with us, your experience
[1:31:20] more importantly with us. Um, and I too, in general,
[1:31:25] support moving forward with this item. Um, community benefits district
[1:31:29] was something that was born out of a subcommittee with
[1:31:32] council member Preciato myself and staff members and several others.
[1:31:36] And so why wouldn't I take the first chance at
[1:31:40] creating a community benefits district. I do have some questions
[1:31:44] and concerns. And in no way am I questioning whether
[1:31:47] or not downtown could benefit from enhanced services. I'm just
[1:31:49] trying to understand what we are committing the city and
[1:31:54] the taxpayers too for the next 20 years. What discretion
[1:31:57] the council has tonight or in the future meeting in
[1:32:00] November. And what safeguards we have once this district is
[1:32:05] formed. And so tonight's action, you know, we're told the
[1:32:10] threshold was met, we're here to basically just approve moving
[1:32:14] forward with the process. Um, yet in the intent, the
[1:32:19] resolution of intent, it does stayed explicitly our intent to
[1:32:23] establish a 20 year district. So my first question is,
[1:32:27] is if the council decided that we wanted a term
[1:32:30] shorter than 20 years, uh, when could we discuss that
[1:32:34] if at all. Well, for that question to our special
[1:32:38] counsel, Phil. Sir. Thank you very much for the questions.
[1:32:41] So, um, you're right tonight's action is really just to
[1:32:45] move the process forward at the public hearing, which will
[1:32:48] be currently scheduled for November 10th. Should the council determine
[1:32:52] to move forward. Uh, the council will have an opportunity.
[1:32:56] If there is no majority protest to either accept the
[1:32:59] management district plan as provided or to make certain modifications
[1:33:03] that would reduce the assessment. Um, and in that reduction,
[1:33:07] you could reduce the term of the assessment. Okay. I
[1:33:11] got a couple more and then I'll be done. Uh,
[1:33:14] and second, you know, the city's going to be taken
[1:33:16] on a significant long - term financial obligation here, approximately
[1:33:19] about 121, 000 in the first year assessments. Um, there's
[1:33:24] also a general benefit payment. And with this, with the
[1:33:28] assessments permitted to rise over time, um, over the course
[1:33:33] of 20 years, I wonder what is the maximum financial
[1:33:37] exposure for the city. Do we have those numbers here
[1:33:41] at this time or can we review those numbers. In
[1:33:45] November. Thank you very much, W. Mayor. We can provide
[1:33:47] those numbers to you. Should you like. I will note
[1:33:51] that the, uh, escalator, the potential escalator, uh, subject to
[1:33:55] a vote of the owner's association. So of the board,
[1:33:59] the representatives of the assessment district. And that in the
[1:34:02] current 10 year district, I'm only aware of two times
[1:34:05] that that has occurred. And it was not the full
[1:34:08] amount that it could be increased. Okay. And then once
[1:34:14] the CBD is established, what authority does a city have
[1:34:17] at all to question performance or reject your modify their
[1:34:24] annual budgets or assessment increases? What oversight do we have
[1:34:27] once this is formed? I'll also refer that question to
[1:34:31] our special counsel. Sure. Thank you. So on an annual
[1:34:35] basis, uh, the owners association has to bring forward the
[1:34:39] annual plan that includes a budget to propose expenditures and
[1:34:43] so forth. And the council at that time will have
[1:34:46] the ability to either approve it, to prove it as
[1:34:49] modified, uh, to make changes to reduce it to change
[1:34:52] what the plans are at that time. So you have
[1:34:54] an annual sort of check in. The owners association is
[1:34:58] responsible for implementation. They're responsible for the day - to
[1:35:00] - day activities. But it's this annual sort of reporting
[1:35:04] and check - in at which you have some discretion
[1:35:06] to make some changes. Okay. I just in general want
[1:35:10] more clarification, more information around what authority, if any, we
[1:35:15] possibly could have here. Because if we're committing to 20
[1:35:18] years, even 10 years, but there's this huge financial obligation
[1:35:22] on the city's part. Then what recourse do we have
[1:35:26] if we don't like the way things are going. And
[1:35:28] so just for next time in between, uh, I would
[1:35:33] like more information about that. Um, but again, general here,
[1:35:37] I am happy to move forward with creating our first
[1:35:39] community benefits district. Um, just want to make sure that
[1:35:43] the city's interests are best represented. Sure. And if I
[1:35:47] could, I'm sorry. Go ahead. Yeah. Just a point of
[1:35:49] clarification. The city's role in improving that annual budget is
[1:35:52] as the imposer of the assessment, not as a property
[1:35:56] owner paying the assessment. So the bit of a different
[1:35:58] role for consideration at that time, but nevertheless, you still
[1:36:02] have that same ability, which is on an annual basis.
[1:36:05] Review the budget and the planned expenditurers and make changes
[1:36:08] at that time as you see fit. Okay. And just
[1:36:11] real quick clarification on the presentation here back on slide
[1:36:15] five. What I didn't see was a board of directors,
[1:36:21] right? Somewhere in between owners, association and staff. Isn't there
[1:36:25] not typically a board of directors? That's, that's a nonprofit.
[1:36:29] That would be the owner's associate. That would be the
[1:36:31] owners association. Okay. All right. Um, other than that, I
[1:36:36] don't have any other questions, but I believe my concerns
[1:36:39] have been, uh, have been expressed and hopefully we can
[1:36:43] come back with that information before or at our next
[1:36:45] meeting. We'd be happy to provide that. Thank you. I
[1:36:50] will now recognize the member from district two. So I
[1:36:55] don't know if one motion will be appropriate or if
[1:36:58] there's multiple motions, but I do move approval of staff
[1:37:01] presentation to initiate the process first to acknowledge. That 34
[1:37:07] percent threshold has been mettion to establish the downtown association
[1:37:14] for 20 years, setting the public hearing for November 10th
[1:37:18] and authorizing the city manager to vote in favor of
[1:37:21] establishing the district for all parcels within the district boundaries
[1:37:25] owned by the city. If I get a second, I'd
[1:37:27] like to make a couple more comments. Yeah. And the
[1:37:30] motion can be one resolution. So I moved all of
[1:37:33] that forward seeking a second. Second. So, um, I like
[1:37:42] using the word off ramps. They help everyone understand. And
[1:37:46] I think after hearing the Deputy Mayors remarks, I'm just
[1:37:50] wondering if both, uh, Mr. Graham and our general count,
[1:37:55] our special counsel can comment on offrams. Cause I think
[1:37:58] it needs to be clear that, um, three years from
[1:38:02] now, something's not going well. Are we able to dissolve
[1:38:07] the whole enterprise? Are we able to take efforts in
[1:38:12] representation of the community or the city's interests? Can you
[1:38:16] clarify, please? Certainly. And we both can answer that question.
[1:38:20] So you're talking about after the district is established and
[1:38:24] being paid. How do you know that things are going
[1:38:26] to continue to run properly, right? And that's the oversight
[1:38:29] role that our special counsel described related to those annual
[1:38:32] reports. He can get into a little bit further detail.
[1:38:36] But effectively the ultimate area of this if things are
[1:38:40] not going well, malfeasance, mismanagement, et cetera would be steps
[1:38:44] related to disestablishing the district. But let's remember that this
[1:38:48] whole state law is set up around one question, which
[1:38:50] is property owners coming together. And assessing themselves. And the
[1:38:55] rules associated with that and how the city plays a
[1:38:58] role in that. In this case, we all are also
[1:39:00] a property owner, but it's the oversight role that I
[1:39:02] believe that you're talking about. And so I'll turn it
[1:39:06] over to our special counsel to add a additional information.
[1:39:09] Sure. Thank you. Um, so there are provisions in the
[1:39:13] property business improvement district law relating to the disestablishment of
[1:39:18] AP bid, um, or a community benefits district. It's usually
[1:39:22] limited to sort of issues with respect to the expenditures
[1:39:26] of the funds, whether they've been properly used and things
[1:39:28] like that. And whether the purposes of the district are
[1:39:31] being accomplished. So it would require a certain findings and
[1:39:35] analysis on the part of the city council at that
[1:39:37] time. Um, it's going to be easier because this is
[1:39:41] not a district that's going to issue debt. So there
[1:39:45] aren't going to be these long - term outstanding obligations
[1:39:48] that would need to be satisfied prior to disestablishment. But
[1:39:52] there are specific provisions. They're not very expansive and that
[1:39:55] you can't necessarily just establish the district for any purpose.
[1:40:01] Um, but we can provide more information on the specific
[1:40:04] purposes for which you can disestablish if you'd like to.
[1:40:07] Well, I, um, more so than that on November 10th
[1:40:11] when this comes back and we vote again, I think
[1:40:14] I want to join Deputy Mayor and all of us
[1:40:18] in ensuring that the city is able to establish performance
[1:40:22] metrics. And in our collaborations with the organization, responsibility for
[1:40:30] maintaining city assets that are within their purview, uh, is
[1:40:35] something I'd be interested in seeing happen. And then I
[1:40:39] guess I think Mr. Graham describes this to me as
[1:40:43] their operational or their managerial report. Uh, but last week
[1:40:50] when we receive the report that basically concludes their work
[1:40:57] on December 31st, they was prefunctory. We were just receiving
[1:41:02] a formal report and we voted on that. And that
[1:41:05] was the extent. And I think that's where we need
[1:41:08] more clarification from you. Maybe at a future meeting. Because
[1:41:12] then some instances both of you have indicated that they
[1:41:14] need to come and present their plan for next year.
[1:41:18] Uh, they don't have a plan for next year because
[1:41:20] they are ending on December 31st. So when will the
[1:41:23] new plan be presented that we have the ability to
[1:41:26] vote on and then subsequently, when is the annual process
[1:41:31] for that review? Because I think it would be beneficial
[1:41:34] for you to characterize that. The public last week was
[1:41:38] under the impression that it was a performance evaluation. And
[1:41:43] we clarify that in fact was not a performance evaluation,
[1:41:47] but these approval of a budget for the remainder of
[1:41:52] the year. And I think as we develop the staff
[1:41:57] item and staff letter, we need to clarify this is
[1:42:00] approving what they're doing. And if our approval is merely
[1:42:04] to collect the assessments, then it should be stated as
[1:42:07] such. However, if our approval is saying that the plan
[1:42:12] that has been negotiated with the city manager and that
[1:42:15] the city manager is recommending we approve has qualified qualitative
[1:42:22] value in some way where there's measurements or something the
[1:42:25] city manager has taken that. Uh, I think it's important
[1:42:29] that we know, because I think when the public takes
[1:42:32] the time to visit us, they need to know what
[1:42:35] is possible and what is not possible. Um, and today
[1:42:41] what was possible is that we vote on this resolution
[1:42:44] and prepare for that boat. And everyone has a right
[1:42:47] to go out there and talk to those property owners
[1:42:49] and say, this is the greatest thing that ever lived.
[1:42:53] Or this is not. I do want to tell you
[1:42:56] though, that, um, as we think of the rest of
[1:42:58] third Avenue, we're not talking about ice street. I'm thinking
[1:43:01] about third avenue in district four or the Broadway corridor
[1:43:06] or other corridors, um, in districts one, in district three.
[1:43:11] They're going to be looking to this experience to see
[1:43:14] what works, what doesn't work, what to involve. And, um,
[1:43:20] I'd be interested in seeing the organization about businesses of
[1:43:25] commercial businesses and restaurants on third avenue. They have a
[1:43:29] voice that needs to be hurt. And they need to
[1:43:32] be advocates. And so the property owners will have a
[1:43:36] clear role. But what is their role? And I don't
[1:43:40] know if the chamber of commerce can play such a
[1:43:42] role, but it seems to me that, um, business owners
[1:43:46] need to have the ability to speak to the manner.
[1:43:52] A few, two years ago when we voted to change
[1:43:54] how parking meters worked, we heard from actual property owners
[1:43:59] affected and their voice was considered. And technically, um, we
[1:44:04] voted and we had the opportunity to make that update
[1:44:08] based on what our engineers were telling us was the
[1:44:11] best way to allocate parking. And I tend to rely
[1:44:16] on city's staff recommendations for those kinds of things. But
[1:44:21] it was critical that we heard. And I think that
[1:44:23] same property owners here who has now invested in a
[1:44:26] second business, who if you walk by, it is one
[1:44:29] of the most colorful, beautiful spaces on third avenue. And
[1:44:34] it needs to be valued. And so how do businesses
[1:44:38] on third avenue actually get heard? And not through rumors
[1:44:42] or through working with whatever. You have to have a
[1:44:45] formal business organization that speaks to us, speaks to the
[1:44:49] city manager, um, and has conversations about the goals and
[1:44:56] interests that you have. Um, with that, Mr. Mayor, I
[1:45:00] appreciate the opportunity to make comments. And I ask for
[1:45:03] unanimous support and adopting this resolution. Thank you very much.
[1:45:07] Um, and before I call for the vote, I just,
[1:45:10] uh, appreciate everybody's input. We need to be able to
[1:45:14] value our businesses. Uh, we also need to be able
[1:45:17] to make sure that it is very transparent on what
[1:45:21] is happening, um, a 20 year agreement, um, for those
[1:45:25] of you who have a 15 year mortgage is larger
[1:45:28] than people's smaller mortgages, um, but it is a financial
[1:45:34] commitment by the city and all the businesses. And we
[1:45:38] need to make sure that that is being done correctly
[1:45:42] and transparent. Um, also I wanted to say I am
[1:45:46] an advocate for outdoor dining. I do like the parklets
[1:45:49] and we are moving to bring those back and working
[1:45:52] with the businesses on third avenues to get those, um,
[1:45:56] back again, um, as soon as possible so we can,
[1:46:00] uh, expand away to be able to bring people down
[1:46:03] to third avenue, downtown Chulivista to be able to have
[1:46:08] an alternate or a exponential way of being able to
[1:46:12] dine in and enjoy third avenue. With that, Madam Clerk,
[1:46:16] if you can please read the heading. This is item
[1:46:20] 7. 2 resolution of the city council of the city
[1:46:22] of Chula Vista, providing preliminary approval of the final assessment
[1:46:26] engineer's report expressing its intention to establish the downtown Chula
[1:46:30] Vista community benefit district for a period of 20 years
[1:46:34] and setting the public hearing on such establishment. Please vote.
[1:46:57] Item passes unanimously. And we will see most of you,
[1:47:02] I think, back November 10th, right? Okay. Um, thank you
[1:47:06] very much. We will now. We will now go ahead
[1:47:11] and, uh, I know we've been going on for almost
[1:47:13] two hours. So we're going to take about a little
[1:47:16] bit of a 15 minute break. So everybody can, um,
[1:47:20] go ahead and relax. And, uh, use the, um, facilities
[1:47:26] if needed, uh, we will be back here in approximately
[1:47:30] 15 minutes. Thank you.
[2:05:26] If I can have the council come to the dais,
[2:05:29] we're about to restart the council meeting.
[2:05:54] Thank you for everyone. We will now move to item
[2:05:58] 7 - 3. And we have Stacey, who will give
[2:06:02] us a great presentation. Good evening, honorable mayor and council
[2:06:08] members. I'm Stacey Kurt, the Director of Housing and Homeless
[2:06:11] Services, and a member of the Homeless Outreach team. So
[2:06:15] we are here for item 7. 3, which is an
[2:06:17] encampment delegated maintenance agreement or an EDMA for short. We
[2:06:22] are asking tonight for your consideration to authorize the city
[2:06:25] manager to enter into this with the California Department of
[2:06:29] Transportation known as Caltrans. So since July of 2021, Caltrans
[2:06:37] has reported the removal of over 26, 000 encampments and
[2:06:41] 457, 000 cubic yards of litter and debris along our
[2:06:44] interstate freeway system throughout California. In 2025, Caltrans began entering
[2:06:51] into EDMAs to allow local jurisdictions to more effectively addressing
[2:06:55] campments along state right - of - way and increase
[2:06:58] the availability of resources for uncheltered individuals staying in these
[2:07:01] areas. To date, 13 EDMAs have been entered throughout the
[2:07:06] state. Including the city of San Diego to our north,
[2:07:10] Santa Anna, Riverside, and Ontario. Chulavista first expressed interest in
[2:07:15] an EDMA with Caltrans, nearly a year ago. Due to
[2:07:20] the funding that is used for the program, Caltrans had
[2:07:23] to go through an approval process to open the possibility
[2:07:26] for tool of vista to be able to receive reimbursement
[2:07:29] through an EDMA. And in addition, Caltran's headquarters was developing
[2:07:34] a standard template that was presented to us in late
[2:07:37] April of this year. Since April, the city has been
[2:07:40] working with Caltran's address concerns about specific agreement language that
[2:07:45] would have required us to enter into a service agreement
[2:07:47] with the California Highway Patrol at a bait additional maintenance
[2:07:51] item, such as graffiti. The version that's being presented tonight
[2:07:56] addresses the remaining concerns that staff had and has been
[2:08:00] approved by Caltran's headquarters. Currently, the city is only able
[2:08:07] to enter state right of way to provide outreach resources.
[2:08:11] Under the EDMA, Truly Vista would also receive authority to
[2:08:14] remove encampments and associated litter and debris. The city will
[2:08:19] be required to notify both Caltrans and California Highway Patrol
[2:08:23] prior to any removal and cleanup activities. The agreement provides
[2:08:28] a mechanism for reimbursement. Of expenses related to the cleaning
[2:08:33] up activities, but not for the outreach or law enforcement
[2:08:36] time. And the agreement provides the city ability to conduct
[2:08:40] outreach and address encampments in the designated EDMA area through
[2:08:44] June 30 of 2027. Specifically, the EDMA would cover removal
[2:08:50] and cleanup of encampments along interstate 5 and at I5On
[2:08:55] and off ramps from Main Street in the South to
[2:08:58] E Street and the North. A total of 3. 2
[2:09:02] miles would be covered in up to 200, 000 dollars
[2:09:05] would be reimbursable for the removal of litter and debris
[2:09:08] associated with any accampants. This is the approximate amount Caltrans
[2:09:12] has spent unremoval of encampments and this specified area over
[2:09:15] the past 12 months. Other state highways and freeways would
[2:09:19] still be monitored and maintained for encampments by Caltrans, such
[2:09:23] as state route 54, interstate 805 and state route 125.
[2:09:30] Tonight we're asking for authorization for the city manager to
[2:09:34] enter the EDMA with Caltrans. If approved this evening, the
[2:09:38] agreement would become effective upon execution. The cities concluding an
[2:09:42] RFP process for an on - call contractor or on
[2:09:46] - call contractors for encampment, abatement, and general cleanup services
[2:09:50] that can be utilized for this effort and others. While
[2:09:54] public work staff can be made available for this effort
[2:09:56] in the interim, it is anticipated that contractors would be
[2:09:59] the primary source used for the EDMA. Caltrans has a
[2:10:04] tiered system for addressing encampments, classifying those when an imminent
[2:10:09] danger of life, safety, or infrastructure exists. And those are
[2:10:14] called priority level one and require expeditious removal. Which will
[2:10:20] still primarily be addressed by CALTRANS. Level two encampment maintenance
[2:10:25] will be addressed by the city through the EDMA and
[2:10:28] the service area. The goal of the EDMA is to
[2:10:31] give local authority to areas along our freeway system or
[2:10:34] at entrances and exits where the terrain does not impose
[2:10:37] a danger to staff, and it's easily accessible for from
[2:10:40] streets or furniture roads, while leaving major interchanges such as
[2:10:45] state route 54 and interstate five intersect for CALTRANs to
[2:10:49] continue monitoring. And maintaining. The majority of encampments along interstate
[2:10:56] five inchual Avista qualify as level two, meaning that they
[2:11:00] do not pose an imminent threat to safety or health.
[2:11:03] In these cases, the agreement provides a specific protocol for
[2:11:06] addressing them. This starts approximately two weeks prior to any
[2:11:10] intended cleanup with a request to CALTRANS. During this time,
[2:11:14] outreach to any individuals that live in that area are
[2:11:17] also expected. Seven days prior, notification is required to both
[2:11:22] Caltrans and CHP of the schedule for cleanup activities. After
[2:11:27] the cleanup, the city's responsible for submitting an after -
[2:11:30] action report to Caltrans within a week. And finally, the
[2:11:33] city files for reimbursement. As described, this is not an
[2:11:37] immediate overnight implementation, and CALTRANS is committed to working with
[2:11:41] us. The homeless outreach team has an excellent working relationship
[2:11:44] with Caltrans District 11, and will continue to coordinate and
[2:11:48] assess the effectiveness of the EDMA. As mentioned in the
[2:11:51] staff report, the city has also applied in partnership with
[2:11:54] the county and national city for encampment resolution funds. That
[2:11:58] would cover expenses related to outreach and housing for this
[2:12:02] same area of interstate five as the EDMA if we
[2:12:05] are successful with our application. The leveraging of these two
[2:12:09] resources could be extremely impactful. However, we will not receive
[2:12:13] those funds if we're successful until early in next calendar
[2:12:17] year. No current state funding sources to address encampments reimbursed
[2:12:22] for law enforcement staff time. As with a lot of
[2:12:25] funding opportunities, the timing doesn't quite align on these two.
[2:12:30] However, the opportunity to secure the ED may funds for
[2:12:32] this fiscal year is critical at this time as Calturans
[2:12:35] has indicated that they may be purpose them otherwise since
[2:12:38] they are fiscal year funds for this 26, 27 year.
[2:12:45] Of course, for any life - threatening emergencies, 911 should
[2:12:49] always be called. However, residents should continue to report non
[2:12:53] - emergency encampment and other non - emergency issues along
[2:12:56] the state right - of - way to Caltrans through
[2:12:59] their customer service request portal, which can be accessed online
[2:13:04] or through your smartphone using the QR code on the
[2:13:07] screen. A phone number is also provided, however, reporting through
[2:13:11] the portal is the most effective way. Caltrans will inform
[2:13:15] the city of any reports made in the EDMA service
[2:13:18] area. We appreciate the opportunity to present this to you
[2:13:22] tonight for your consideration. In addition to myself, acting chief
[2:13:26] Van Peak and Public Works Director and Helica Aguilar are
[2:13:29] available for any questions. Thank you very much. Madam Clerk,
[2:13:34] do we have any speakers on this item? Yes, our
[2:13:38] first in - person speaker is John Acosta, followed by
[2:13:42] our remote caller, Robert. First of all, you
[2:13:51] know, this is my concern before regarding the senior population,
[2:13:56] especially at the same with population, it's homeless. And, uh,
[2:14:01] I think you all need to stop pointing the finger
[2:14:04] to somebody else. You're responsibility, your responsibility, cause you're a
[2:14:08] presenting law vista. So those are blaming on your culture,
[2:14:13] other departments. It is your responsibility. So what I will
[2:14:17] excuse to get out of your air conditional area, hit
[2:14:20] something greeting your coffee and go and check your area.
[2:14:25] You know, simple that I disable homeless. Seniors. That you
[2:14:31] saw the picture I posted to you. They are laying
[2:14:34] on the floor. And they was less quick when they
[2:14:37] drew what really hot. And I spoke to them, they
[2:14:40] said, have anybody check with you? They said, no. No,
[2:14:43] no, you know, if you want to see another person,
[2:14:48] just go in H and write everybody out of five
[2:14:50] ramp. They said, I say old person. You know, we're
[2:14:54] a jerky, it's a dog there. Usually there. You know,
[2:14:57] opened by East Street or in the, you know, you
[2:15:01] need to go and go over there where they are.
[2:15:05] Go over there. And don't take your clone needs to
[2:15:07] take pictures of your bet. Go by yourselves. You know,
[2:15:10] make it, make a personal item, don't need to make
[2:15:15] it a PR. Domain, so you said a photo op,
[2:15:18] go over there and yourselves and check on homeless. And
[2:15:21] start pointing fingers because like I said, you know, you
[2:15:23] always, but all that's then somebody else department. That's the
[2:15:26] name, your responsibility is your responsibility. You represent your vista.
[2:15:31] Also, posture representative minister. So stop blaming when everybody else.
[2:15:35] The police are wonderful job, you know, it's a wonderful
[2:15:37] job. Thank you for your department for what they do.
[2:15:41] Keeping it safe. But it is still your responsibility regarding
[2:15:45] the homeless. And like I said, growing population seniors, homeless
[2:15:52] growing. There are population disabled seniors to homeless. It's growing.
[2:15:58] So stop blaming somebody else. It raise your responsibility. When
[2:16:03] they say, always cult trends, no, he does in people
[2:16:05] that say, no, not that. They say, chula vista. Keep
[2:16:09] that in mind when everybody decía hombres, soy una visa
[2:16:12] de salud. Somebody else reports to love vista. That's what
[2:16:17] they use. What's where we're known for the homeless crisis?
[2:16:22] En la que se da mezclé buena de miguel mezteco.
[2:16:25] Was you bringing more homeless. Para mi imperio, pues, I
[2:16:28] told you about the beginning. When palomar announced that. That's
[2:16:32] a bad idea. And it's going to get worse. So
[2:16:35] you need to get out of your cars. It's a
[2:16:38] preserve because I know I said, told y'all, it's disability.
[2:16:42] And I hear you're not able to walk. But all
[2:16:44] three of you are able to. You are able to
[2:16:46] go and walk your district and don't take your currency
[2:16:50] tech pictures. Don't use that photo up. Our next caller
[2:16:57] is Robert. Robert, you have been unmuted. Please proceed with
[2:17:01] your comment. Well, thank you, City clerk. I appreciate it.
[2:17:08] You know why I like calling in too? Cause the
[2:17:10] camera goes back onto all you guys. So everybody gets
[2:17:14] to see ya. Right. Yeah. The interesting thing about
[2:17:24] the situation is. Michael and Zooms. I believe it was
[2:17:29] last week was talking about not helping homeless people. Because
[2:17:34] they're going to end up here and she'll vista and
[2:17:38] then we're going to have more. And then we have
[2:17:40] another item. About removing the homeless people from state lands,
[2:17:46] not to a visceral end. And so, you know, in
[2:17:49] some, like in some favor, like the state doesn't help
[2:17:52] you guys. And you guys never push, but you guys
[2:17:55] will push back on Trump till the days end, right?
[2:17:59] But you guys never push back on the state. And
[2:18:02] so, you know, how much it more is it going
[2:18:06] to cost us in to now that we're going to
[2:18:09] accept more from Imperial Beach. And then we're going to
[2:18:14] use this 200, 000 to clear them off of state
[2:18:17] property. Right. No. I mean, it's an industry. It's the
[2:18:23] homeless industrial complex. It's like the military industrial complex, right?
[2:18:29] Their industry's not regard. So that's why you have to
[2:18:32] be super aware of some of these things that you
[2:18:35] guys are entangling yourselves with because I mean, even at
[2:18:39] 200, 000 dollars, how much should we already put in
[2:18:42] and how much are they paying back, right. So, you
[2:18:46] know, I think the state has let you guys down
[2:18:49] as leaders. And so the best avenue to hold the
[2:18:53] state officials is for you guys to do something about
[2:18:55] it and start speaking up to the state about, you
[2:18:58] know, the problems that they're having on their land that,
[2:19:02] you know, just an idea. I guess. Waiting for my
[2:19:09] 30 second cue. But. Um, you know, I do appreciate
[2:19:17] what, uh, the, the departments do do, right? Um, the
[2:19:22] police department, uh, the homeless services within the housing. Do
[2:19:27] you think it's a little split with the housing? I
[2:19:29] would have preferred had this appropriate leaf done from the
[2:19:33] police department. Because I think that's who's in charge of
[2:19:38] like, you know, enforcing laws. And so to make sure
[2:19:42] that, uh, laws and constitutional things are always remembered even
[2:19:46] with, uh, populations and need or the most vulnerable of
[2:19:51] us. I'm not here saying that we should abuse people.
[2:19:54] I'm saying we should protect people. And that's why I
[2:19:56] don't think that the presentation should have been done by
[2:19:59] that department, but the enforcement department department. So thank you.
[2:20:02] Thank you. Your time is concluded. Madam Clerk, are there
[2:20:09] any more speakers. That concludes the speakers on the item.
[2:20:14] Thank you very much. I chill of vista has been
[2:20:17] a regional leader in getting homeless off the streets. I'm
[2:20:21] proud that we created one of the best homeless outreach
[2:20:25] teams around. I want to thank our police department and
[2:20:31] all the PERT members and all the nonprofits that have
[2:20:34] collaborated with us. Uh, we created the innovative Oti bridge
[2:20:39] shelter with a high barrier to entry and a wraparound
[2:20:43] services to get unhoused permanent housing. Uh, that's why we
[2:20:47] have other cities looking to see what we have done
[2:20:51] and how they can go ahead and do something similar.
[2:20:57] I'm proud that I authored and got passed one of
[2:21:00] the strictest homeless encampment bands in the county. These actions
[2:21:05] have created major positive results in decreasing the city's homeless
[2:21:11] population by the last count. This encampment delegated maintenance agreement
[2:21:20] with Caltrans is the next significant step in getting homeless
[2:21:25] off the streets. Unhoused members move to state property and
[2:21:31] off city property to void these effective scars that we
[2:21:35] passed. Then they moved on the state property to freeway
[2:21:42] on and off ramps. Prior, what would happen is we
[2:21:46] would call Caltrans, uh, their focus has always been on
[2:21:51] transportation and safety and transportation. And as Stacey went ahead
[2:22:00] and mentioned. When we would call Caltrans, it would not
[2:22:03] be a priority for them. Uh, they would go ahead
[2:22:07] and tell us, well, we'll be out there in several
[2:22:10] months. But that wasn't good enough for us. Because obviously
[2:22:15] as we had been able to get homeless out of
[2:22:17] our park's, be able to get homeless off the streets.
[2:22:22] There were many encampments that were coming on, especially our
[2:22:28] five freeway on our on and off ramps. And you
[2:22:31] saw the pictures. These were unsafe. Unhealthy. And created major,
[2:22:40] major safety. And crime issues. This agreement again, uh, gives
[2:22:49] us the ability to actually allow our chulovista hot team,
[2:22:54] homeless outreach team to go on state property. And remove
[2:22:58] encampments in a timely manner. And get reimbursed by the
[2:23:02] state of California for up to 200, 000 dollars this
[2:23:08] fiscal year. This again is the next step in us
[2:23:13] being able to meet those challenges. Um, I want to
[2:23:17] thank Stacey Kirch and her, um, leadership and the housing
[2:23:23] and homeless department. I want to thank Anna Fox from
[2:23:28] Caltrans. I still remember being on those meetings with her
[2:23:32] and pushing this. I want to thank Cal City's, uh,
[2:23:36] for them helping push the bill to get it passed
[2:23:40] up in Sacramento. I want to thank our homeless outreach
[2:23:45] team, uh, for their diligence every day at being able
[2:23:49] to go ahead and engage our homeless and looking for
[2:23:54] opportunities to get them off the streets. I want to
[2:23:58] thank our Otai bridge shelter for providing that wraparound services
[2:24:05] and for allowing over a hundred since we opened over
[2:24:11] a hundred unhoused individuals to find permanent housing. And I
[2:24:16] want to thank all our nonprofit partners who have worked
[2:24:20] with us to be able to be partners in getting
[2:24:25] homeless off the streets. As we know, homelessness is original
[2:24:29] issue. And I'm very, very proud that we've created those
[2:24:33] strong relationships to be able to help each other get
[2:24:38] homeless off the streets. Uh, because this is such an
[2:24:41] important item for me. I'm going to go ahead and
[2:24:44] make the motion before we let everybody else speak. And
[2:24:48] I'm looking for a second. I have a motion a
[2:24:51] second and I very much appreciate that. And I will
[2:24:55] now go, uh, go down the list. The first member
[2:24:59] who's put in their speaker slip is member Preciato from
[2:25:03] district two. Thank you, Mr. Mayor. I have a couple
[2:25:09] of questions. So, um, as you know, fires seem to
[2:25:16] be another complication that we have on the freeways. And
[2:25:19] I don't know if fire prevent center prior challenges can
[2:25:26] be calculated as a one emergence, one status type of
[2:25:30] encountment. Or two. Uh, I realized that the vocus is
[2:25:36] on the five, but I think we also spend a
[2:25:40] lot of resources contributing or supporting, putting out some of
[2:25:45] these fires along those freeways. And so I'm just wondering
[2:25:51] if there's an interrelationship between encampments that are identified as
[2:25:56] ones and fire risks, particularly as they grow and scale,
[2:26:03] um, sometimes they look like habitation has expanded beyond just
[2:26:09] a tent, but, um, it just looks like multiple units
[2:26:13] almost, um, and so I'm very concerned about fires. It's
[2:26:18] like an issue that I'm concerned about if, in fact,
[2:26:20] it proves to be the kind of rainy season we
[2:26:23] are expecting. Um, I reign incidents, significant rate incidents are
[2:26:30] going to pose a risk to those individuals as they
[2:26:34] are habitating on the freeway. And then the last point
[2:26:38] that I want to make, um, we've made, obviously, we
[2:26:43] have a lot of things that we've experienced the last
[2:26:45] three years, three and a half years that I've been
[2:26:47] here. But I continue to hear from our residents that,
[2:26:52] um, unhoused are connecting with communities. Uh, and I, I
[2:26:59] appreciate that many individuals from a humane point of view
[2:27:05] don't desire to harm them or wish them ill, but
[2:27:10] they prefer that they not be in their communities. I'm
[2:27:12] talking about as far west as hilltop. As far west
[2:27:18] as Melrose. Pardon me east as Hilltop and Melrose. I
[2:27:25] was with, um, well, depending on your proximity to other
[2:27:30] corridors like the Sweetwater watershed, you may be challenged by
[2:27:37] this. So two things. I know that today we're voting
[2:27:40] on this contract and I'm just wondering in terms of
[2:27:43] coordination. So when, uh, and by the way, I hope
[2:27:48] you get the second grant and that the timing works
[2:27:50] out. But in the meantime, I'm wondering what the coordination
[2:27:54] may be when an encampment is, shall we say relocated,
[2:28:02] uh, where is that relocation happening and how do we
[2:28:06] ensure that our quality of life in West chillivista is
[2:28:10] unaffected by these significant, um, resettlement activities I want to
[2:28:17] suggest. And of course we know, um, that while it
[2:28:21] may be, it may help everyone divine somebody to blame
[2:28:27] it. The reality is that, um, there is no one
[2:28:32] specific person to blame. Um, I think it's just, uh,
[2:28:36] a fact of our society that we have this condition
[2:28:41] and those who find themselves in them will get help.
[2:28:44] And those who want help will get help and those
[2:28:47] who are helped get more help. But those are my
[2:28:53] three issues. The fire and the future emergency activities and
[2:28:58] how we'll be judged. If they're ones or twos in
[2:29:02] our communication with Caltrons, uh, second, um, if in fact,
[2:29:08] um, we do have two. Encampment cleanup quote unquote, how
[2:29:16] will that be coordinated with our team so that, um,
[2:29:21] we don't, uh, experience a negative impact on West Chill
[2:29:26] of Vista neighborhoods. And number three, I am interested in
[2:29:34] how. This can be integrated or coordinated even more, um,
[2:29:41] I know that there are seniors and even disabled, but
[2:29:46] they will review. Oh, they will refuse our care. I
[2:29:50] appreciate that. I've learned that from Stacey and her team
[2:29:53] over time. And I'll end with this. I know I've
[2:29:59] asked some questions and I'm hoping to get staff comment.
[2:30:03] But, um, I don't feel many of us have the
[2:30:07] training or the qualifications to engage, um, or that the
[2:30:11] city anticipates that a member of council is going to
[2:30:14] be providing direct services to an unhoused person. And I
[2:30:18] don't know if the attorney can help us with the
[2:30:21] liability that that creates when we don't allow our law
[2:30:25] enforcement teams and the other interdisciplinary teams that have been
[2:30:28] assembled to provide the service that we just simply engage.
[2:30:35] I've seen people that don't look like they're approachable. Um,
[2:30:40] and so even if I was under the assumption that
[2:30:43] I could do or improve for one second, I'm concerned
[2:30:48] that I might get hurt. I create liabilities for the
[2:30:51] city. I might hurt the person if I have to
[2:30:54] defend myself. And so I'm just very cautious about, um,
[2:31:00] uh, thinking that members of the dais, um, have somehow
[2:31:06] a responsibility to engage the in - house in a
[2:31:11] manner other than in public forums. Or as they seek
[2:31:14] us out. Now that's different. But if we seek them
[2:31:18] out, um, I think we are intruding. I'm just wondering
[2:31:22] if the city manager, uh, the director of housing and
[2:31:26] homeless services or the city attorney can advise us on
[2:31:32] proper approaches that we should have as members of council
[2:31:36] because it's easy. To, um, announce what we should be
[2:31:40] doing, but it's harder to restrain yourself from taking what
[2:31:45] should otherwise be a natural event is helping other people.
[2:31:48] That's not a problem. But are we doing the right
[2:31:50] thing when we do it if we don't do it
[2:31:53] correctly or if we don't know what we're doing? In
[2:31:57] any case, I just wanted to comment on that. Thank
[2:31:58] you. Thank you very much. Um, yeah, this item is
[2:32:05] not about us going down and, you know, getting homeless
[2:32:09] off the streets. Obviously it's an agreement with, uh, Caltrans.
[2:32:13] But I will go ahead and allow Stacey to answer
[2:32:16] your questions. Thank you very much, though. Okay. Thank you,
[2:32:20] Council members. Um, so the first item was around fires.
[2:32:25] And whether they qualify as a level one or a
[2:32:27] level two. So as was mentioned, CALTRAN's primary role is
[2:32:31] to keep traffic flowing. Um, and so level one is
[2:32:35] really a danger that could impede traffic flow and the
[2:32:40] safety of that. Or a person in their proximity to
[2:32:45] the traffic. So, um, somebody that's near an underpass that
[2:32:49] has danger of sliding down into the freeway, um, if
[2:32:54] the threat to structures that CAL trans maintain. So those
[2:32:58] are all level one. It's not reflective of necessarily the
[2:33:02] activity that's going on in the encampment, but more its
[2:33:05] proximity and danger to traffic and themselves. So, um, however,
[2:33:10] with that, we have been taking a lot closer look
[2:33:14] at statistics around fire related to encampments. And those, some
[2:33:20] statistics were actually put into the encampment resolution fund application
[2:33:24] that we made along with calls for service from our
[2:33:28] police department. So that is something that over the past
[2:33:31] year and a half or so we have incorporated into
[2:33:35] our grant applications. And certainly we work directly with our
[2:33:39] emergency services manager. And all the efforts that they have
[2:33:44] for brush removal and prevention of fires. And so we
[2:33:48] look at grant opportunities with them. Um, we're going to
[2:33:51] be part of a group looking at the al ninho
[2:33:53] that we're expecting. Um, and the resulting weather. And so
[2:33:57] we work very closely. They are part of the homeless
[2:34:00] outreach team, the fire department, whether ambulatory service. And also
[2:34:04] other emergency services sit at the table with us and
[2:34:08] discuss these issues on a regular basis. Um, just one
[2:34:12] example around rain. So we did have, uh, tropical storm
[2:34:17] several years ago. And we uplifted in coordination of the
[2:34:20] emergency services, uh, an extra shelter. It was before our
[2:34:25] shelter was open. And we used hotel vouchers to be
[2:34:28] able to house people. We actually use the polymorm hotel
[2:34:31] that's going to be polymer point now, because we had
[2:34:33] just purchased it. So we got a little creative with
[2:34:36] that. And the hotel, uh, where we actually end process
[2:34:39] of, um, purchasing it and the hotel year was kind
[2:34:42] enough to allow us to make that arrangement with him.
[2:34:45] So, um, so we're creative when we need to be,
[2:34:49] but we're also prepared and working with our emergency services.
[2:34:53] To try to prevent, um, anybody, uh, being displaced during,
[2:34:58] during any type of, uh, natural disaster. Um, so, um,
[2:35:03] the other question that you had was around relocation of
[2:35:06] encampments. The fact is that these persons that are unsheltered
[2:35:12] along the interstate five freeway are already in and out
[2:35:16] of our community consistently. Many of the people that we
[2:35:20] see today in that area actually were people that were
[2:35:24] living along industrial boulevard at one point, especially in the
[2:35:27] polymer area. There's a lot of people we still know
[2:35:30] from that area that are now living along that I
[2:35:33] - five area. There are also people that have moved
[2:35:36] down here during activities at the city of San Diego
[2:35:39] has conducted along their interstate system. So, um, we expect
[2:35:44] that some people likely will return to city of San
[2:35:47] Diego. Um, and then others that we probably already know,
[2:35:52] um, we will continue to offer resources for them. The
[2:35:57] encampment resolution fund grant that we've applied for would actually
[2:36:00] pay for outreach and housing services specific to that population.
[2:36:05] So we are hopeful that we'll be able to couple
[2:36:07] these, these opportunities together to really have a great impact
[2:36:12] and get people into housing in the next year. I
[2:36:16] hope that answers all of them. Thank you. And with
[2:36:20] regard to our engagement with the Unhouse, a matter of
[2:36:25] service providers. Yeah. And there may be other, other, other
[2:36:30] thoughts around this too, but generally we advise anybody to
[2:36:35] refer them to the homeless outreach team and allow our
[2:36:39] police department and our trained officers and our PERC clinician
[2:36:43] and our housing staff to engage with them. Um, we
[2:36:48] have protocols even in my office, uh, and how we
[2:36:52] engage with unsheltered individuals when they come to our office
[2:36:55] for services. So certainly defer you to the experts on
[2:37:00] that matter, um, specifically. And I think our city attorney
[2:37:03] may have something to add. Yeah. Just, just to add
[2:37:07] upon that, um, this particular agreement requires a certain amount
[2:37:11] of coordination with the state. And so that type of
[2:37:14] coordination is best left with city staff. Uh, I would
[2:37:17] not recommend that an individual council member attempt to, um,
[2:37:21] uh, engage in any, uh, activities that would constitute city
[2:37:26] action related to this agreement. Um, so I think that's
[2:37:28] best left for city staff. Um, not only are there
[2:37:31] potential risk to yourselves, but also potential, um, violations of
[2:37:35] this agreement and potential harm to others as well. So
[2:37:39] I would recommend that those types of encampment removal activities
[2:37:42] be left to city staff. Thank you. Thank you. Thank
[2:37:50] you. I will now recognize the member from District 2.
[2:37:55] I mean, three, excuse me. Thank you, Mrs. Curtis and
[2:37:59] staff. Um, I know you guys have been working diligently
[2:38:05] on this. Um, I know it's been a source of
[2:38:07] frustration. Uh, for staff and the hot team and police
[2:38:11] and firefighters. Because crime along the freeways, um, I think
[2:38:15] the majority of the fires in West Chilivista are along
[2:38:18] the trolley lines and along the encampments on the exits
[2:38:22] and on ramps. And, um, you know, I, my observation
[2:38:27] is going up and down San Yo County up to
[2:38:29] five is, we're one of those communities that we don't
[2:38:31] get usually attention first. Usually see the same type of
[2:38:36] encampments along body or logan chicano park area closer to
[2:38:40] downtown San Diego. And then from E Street all the
[2:38:44] way down to Main Street in our community. You really
[2:38:46] don't see that. North County communities where there are, uh,
[2:38:49] a lot of homeless folks as well. So this is,
[2:38:51] this is an absolute step forward. Um, do you have
[2:38:55] a couple of questions. Do we have, Zaha team, do
[2:38:58] we have an estimate. Give or take of how many
[2:39:01] unshelter folks we have living between Main Street and East
[2:39:06] Street along and off ramps. So we have a rough
[2:39:08] estimate. It really varies, but around 50 is typically the
[2:39:15] number that we use for any purposes of grants or
[2:39:19] anything else in what we've counted kind of historically off
[2:39:22] and on. And the hot team, uh, I think you
[2:39:25] explained it when you're speaking to accounts from, but a
[2:39:27] Seattle is this particular group of Uncelter folks, uh, that
[2:39:33] give or take 50 people, um, did you say that
[2:39:36] we have tried offering services and shelters and they've denied
[2:39:40] services? Or how has that gone? Sure. Our homeless outreach
[2:39:44] team is constantly every day offering services. Um, and so,
[2:39:50] um, some of the unsheltered in that area may have
[2:39:54] accepted services, but have since, um, returned into that area.
[2:39:59] Uh, but certainly we continue to offer those services. Um,
[2:40:03] and this will give us an opportunity to, to have
[2:40:06] more contact, more frequently. And just so the public is
[2:40:11] aware. So anyone's watching in the gallery or out at
[2:40:14] home. Is it going to be done in phases a
[2:40:21] certain off ramp into the next and to the north
[2:40:23] is going to be happens simultaneously? How would that phasing
[2:40:26] work. And what will we do with unsheltered folks who
[2:40:31] are stating in those camps? I'll say example hot team
[2:40:34] shows up and there's say 12 unsheltered folks on polymer.
[2:40:40] What happens within those two three hours when staff is
[2:40:44] there, hot team, per clinicians. Walk us through what that
[2:40:49] looks like. Say for example, there's 12 unsheltered people there.
[2:40:53] What does that look like? Sure. So, um, the phasing
[2:40:57] probably will depend a little bit. Initially, it might be
[2:41:00] a little bit different than if we are a successful,
[2:41:02] the ERF grants. There are kind of some successful models
[2:41:06] from the ERF. Programs that have been utilized throughout the
[2:41:11] county already. So they have a specific implementation when they
[2:41:15] are implementing their ARF funds. Um, but for right now,
[2:41:18] I think it's going to be, um, just a combination
[2:41:21] of working with our hot team, our public works department
[2:41:24] and establishing what, what makes the most sense for, for
[2:41:27] cleanup and where those priority areas need to be as
[2:41:30] we, as we do start the work, uh, also working
[2:41:33] with CAL trans very closely to identify the areas of
[2:41:37] greatest need and other things that might be going on,
[2:41:40] um, in that, you know, in that area along I
[2:41:43] - five. Specifically, you mentioned about what is it going
[2:41:48] to look like? So, um, as I mentioned, two weeks
[2:41:51] prior is when everything is supposed to start according to
[2:41:54] our contract. And so that's when, I mean, outreach is
[2:41:59] constantly going on, but it will be ramped up during
[2:42:01] that two week period. And we're going out there notifying
[2:42:06] people to weeks prior, Hey, we're going to be cleaning
[2:42:08] up here. We would like you to take resources and
[2:42:12] working with them over that period of time before that
[2:42:15] actual cleanup happens. Um, depending on whether people are still
[2:42:18] present at the time of cleanup or not will depend
[2:42:21] on how involved our hot team is at that particular
[2:42:23] moment, um, oftentimes what we find is that people do
[2:42:28] move prior to a larger cleanup. And so there may
[2:42:32] not be residents. Um, they may have accepted services already
[2:42:35] or they may have already moved different area before we
[2:42:38] come in for the actual cleanup. But the homeless outreach
[2:42:41] team is always going to be available as needed for
[2:42:44] resources. So say, um, say seven of them leave voluntarily
[2:42:49] within those two weeks. And the five that just for
[2:42:52] whatever reason didn't leave. There with the lack of a
[2:42:57] better term. They're forcibly removed. So does do our teams
[2:43:02] and crew maintenance physically. Tear down their tents. Do they
[2:43:07] tell them you got to move them? You have to
[2:43:10] walk in this direction or that direction. I kind of
[2:43:13] want to understand how that looks. What does it feel
[2:43:16] like? Like are they encouraged to walk down industrial? They'd
[2:43:19] encourage to go south. How does that work? Is there
[2:43:23] if there was five there. Where do they go from
[2:43:25] there if they refuse services? Yeah. I mean, I think
[2:43:28] it depends on the area and I can't speak, you
[2:43:30] know, specifically to anyone, but generally, I mean, we're going
[2:43:33] to try to direct them in the most safe travel
[2:43:35] path, um, for them. And then, um, as far as
[2:43:39] who, how they encounter with them, um, that our desire
[2:43:44] is to never have to use force. Right. Um, and
[2:43:47] I think rarely, that really end that ends up happening.
[2:43:50] People, um, they know when we're coming, right? Cause we've
[2:43:53] been out there for two weeks telling them, um, people
[2:43:55] tend to cooperate with us. Um, and the day of
[2:44:00] typically what our team will do is let them know,
[2:44:04] like gather what you want to take with you. The
[2:44:06] rest of it will get disposed of or stored. Um,
[2:44:09] in accordance with the requirements of the agreement. And so,
[2:44:12] um, that typically there's not any issues and people are
[2:44:16] compliant. I really appreciate the explanation. So the public can
[2:44:21] understand because this is really, it's very complicated. I know
[2:44:24] that, um, there's a lot of compassionate individuals who worked
[2:44:28] for the hot team and law enforcement and firefighters. And
[2:44:31] your whole team is we're showing compassion. We're trying to
[2:44:34] show love. We're trying to give people the opportunity out
[2:44:36] the streets detox, um, job referrals, trying to connect with
[2:44:40] their loved ones, try to connect with their families. So
[2:44:42] all these complexities and the dynamics of really getting unsheltered
[2:44:46] people off the street and beautifying or help encouraging Caltrans
[2:44:51] to beautify or on and off ramps. I want the
[2:44:54] public to really understand that it's very complicated. And there's,
[2:44:59] I hate using their term, or right answers, but the
[2:45:02] variables that happen on the spot or that day and
[2:45:05] given the ability, um, to go out there several times
[2:45:08] within two weeks before and saying, Hey, guys, we have
[2:45:11] to find another place to live. We have, we have,
[2:45:14] we have beds available for you right now. If you
[2:45:18] need help getting off the streets, uh, if you have
[2:45:20] an addiction you're trying to kick. So I really want
[2:45:23] the public to understand all the work you're doing with
[2:45:25] Kurtz and the hot team and our law enforcement, uh,
[2:45:27] that we're a city that demonstrates compassion. And we're doing
[2:45:31] everything we can to provide shelter for everyone in chill
[2:45:34] of Vista, um, to keep our city safe. So I
[2:45:37] really appreciate, um, understanding your patience and answering those questions
[2:45:42] to help especially the residents of district two and four
[2:45:45] understand what we're really trying to do as a community
[2:45:47] in the city. Thank you so much. I yield back.
[2:45:50] I will recognize the member from District 1. First of
[2:45:55] all, I want to thank you, Stacey and our PD.
[2:45:59] I know how difficult it is sometimes to enforce, but
[2:46:05] also be compassionate and be mindful that the sense of
[2:46:11] urgency to help them as well and to transition them.
[2:46:15] And I appreciate you mentioning that there's two weeks notice
[2:46:20] ahead of time. I know this issue very well. Um,
[2:46:25] from working in the city of San Diego. We encountered
[2:46:27] this in downtown. Very, very often, especially on the ramps.
[2:46:34] And especially because people, constituents don't care. Our constituents don't
[2:46:38] care whose job it is. They care about the results.
[2:46:43] And even if we were paying for it and not
[2:46:47] getting any kind of reimbursement, I would just say go
[2:46:49] ahead and do it. Because this is an urgent matter.
[2:46:55] And we've seen so many issues arise in other cities.
[2:46:59] Health concerns. And just, I just think it's about humanity
[2:47:03] as well. Um, forcing people to listen to us. And
[2:47:08] I know you're going to struggle with it. But you
[2:47:09] have such a sense of compassion when you address them.
[2:47:13] And I really want to thank you for that. Um.
[2:47:17] I want to ask you what happens if the cost
[2:47:19] exceed 200, 000 before June 30th and 2027. Yeah. So
[2:47:26] we're certainly going to try our best not to exceed
[2:47:28] the 200, 000 dollars and just be strategic with how
[2:47:31] we do the cleanups, ensuring that we, you know, if
[2:47:35] the opportunity to do multiple in a particular day or
[2:47:39] two in sequence, um, and what other jurisdictions have found
[2:47:42] is that at the first couple of months you're doing,
[2:47:47] you know, it's a slow kind of start, but then
[2:47:50] you start really ramping up. You're going to see kind
[2:47:52] of a large increase in the number of cleanups. And
[2:47:55] then it kind of teeters off again as residents recognize
[2:47:59] that, um, that's not an area that they can stay
[2:48:02] in any longer. Um, and so we would anticipate being
[2:48:07] able to stay within the funds, but, um, if not,
[2:48:10] I think that, you know, we have some commitment here
[2:48:15] from city management that we're going to ensure that we're,
[2:48:18] you know, fulfilling our obligations under the contract through June
[2:48:21] 30th of 2027. I'm not going to be repetitive in
[2:48:25] what everyone has said on this dies. There's a great
[2:48:31] amount of support for everything we're doing as a city.
[2:48:35] And this is just taking a step forward. I'm more
[2:48:37] than happy to, I see Caltrans often at the Sand
[2:48:41] DAG meetings. I'm more than happy to advocate for more
[2:48:44] funding for more activeness on their behalf. Um, but this
[2:48:47] is a big step in the right direction, especially like
[2:48:52] it was mentioned on the dais with the rains coming.
[2:48:56] And, you know, we just want to get people sheltered.
[2:48:59] We want to transition people properly and also keep the
[2:49:02] traffic and the community safe. So thank you for that.
[2:49:07] Thank you very much. I will recognize the member from
[2:49:10] District 4. Oh, motion to approve the DMA. We already
[2:49:15] did the motion. You seconded it. And let's take, let's
[2:49:18] take the vote. Let's call the question. Yeah. Um, I
[2:49:21] just want to make some, uh, final questions. Um, I,
[2:49:25] I again, um, Stacey, our police, uh, police with the
[2:49:30] homeless outreach team. Um, you know, one of the first
[2:49:33] things when homelessness became, uh, an issue and we created
[2:49:37] the homeless outreach team. I did multiple right alongs. I
[2:49:40] was there being able to see what the challenges were.
[2:49:45] And it's incredibly challenging. But our hot teams with the
[2:49:50] perk clinicians do such a great job of being able
[2:49:53] to have compassion and giving people a path to get
[2:49:58] off the street. Unfortunately, not everybody wants to do that.
[2:50:02] Uh, but I've seen it where they build that relationship
[2:50:05] for several months. And then when it's time, when that
[2:50:08] person says that they have enough and want to get
[2:50:11] help, uh, we've seen it where they've been able to
[2:50:15] then work with a hot team to get off the
[2:50:18] streets. And that was incredibly neat. I've done several, uh,
[2:50:23] tours of the Otai bridge shelter, um, it's an amazing,
[2:50:28] uh, innovative program, uh, doing the pallet shelters was just
[2:50:32] incredible, uh, because we didn't want to do exactly what
[2:50:36] was always happening and just having a big tent, um,
[2:50:40] because when you have a big tent and people fall
[2:50:43] asleep, they can have their stuff stolen or they can
[2:50:45] potentially be assaulted. And we went ahead and we created
[2:50:50] an innovative way with the pallet shelters to be able
[2:50:53] to allow people who are unhoused to have a place
[2:50:57] where they can stay, they can lock the door. They
[2:50:59] can feel safe and they can keep their belongings in
[2:51:03] a safe place. It was incredible. As well as many
[2:51:07] homeless have a pet. And if you have a dog,
[2:51:12] you can actually bring the pet in to our bridge
[2:51:17] shelter. Whereas many of the other shelters don't allow pets.
[2:51:22] And then also just our relationship with so many of
[2:51:26] the nonprofits. And I've been to the San Diego rescue
[2:51:30] mission multiple times. I have to say that they love,
[2:51:34] uh, Chulavist and our hot team and have such a
[2:51:37] great respect and collaboration. Um, so with that, I know
[2:51:41] we have a motion in a second. Uh, Madam Clerk,
[2:51:44] if you can please read the heading. This is item
[2:51:47] 7. 3 resolution of the city council of the city
[2:51:49] of Chula Vista authorizing the city manager to enter into
[2:51:52] an encampment delegated maintenance agreement with the California Department of
[2:51:56] Transportation for a reimbursalable amount in fiscal year 2026 27
[2:52:01] of up to 200, 000 dollars and appropriate funds, for
[2:52:04] fist vote required. Please vote.
[2:52:24] Item carries unanimously. 50. I know, uh, we went all
[2:52:28] along for a little longer of a ride. So I'm
[2:52:31] going to go ahead and allow everybody to take about
[2:52:33] a five minute break if they want to go ahead
[2:52:37] and, uh, go to the restroom. And then we'll come
[2:52:39] back and we'll close out the meeting. Thank you.
[2:57:48] We will now move to item 74. And we have
[2:57:52] our police chief to go ahead and talk about that.
[2:57:56] Do we have a presentation. Thank you, Mayor. Good evening,
[2:58:01] Honorable Mayor and Council. And yes, the police smart does
[2:58:04] have a presentation tonight. It's going to be the chill
[2:58:07] of us to police prop 64 grant presentation, and I
[2:58:10] want to introduce Sergeant Patrick White. He's a supervisor overseas
[2:58:15] our special investigations unit. And Sergeant White will be doing
[2:58:18] the presentation tonight. So Sergeant White. Good evening, honorable mayor
[2:58:23] and members of a city council. The item before you
[2:58:25] today is approval of our proposition 64 grant from the
[2:58:29] California BSCC that was awarded to the police department. I'll
[2:58:33] provide an overview of the grant and explain how the
[2:58:35] funds will be used. All right, so what is this
[2:58:41] grant? The proposition 64 public health and safety grant program
[2:58:46] is administered by the California Board of State and Community
[2:58:49] Corrections. Notice BSCC. The purpose of the grant is to
[2:58:54] provide funding to local governments to assist with law enforcement,
[2:58:58] fire protection, youth prevention, public health, and environmental protection. Tied
[2:59:04] to the legalization of cannabis. It's important to note recent
[2:59:07] updates require that BSCC prioritize grant awards for local jurisdictions
[2:59:13] targeting illegal and illicit cannabis operations, such as tulipesta. So
[2:59:22] the police department is fortunate to be selected once again
[2:59:24] for this grant opportunity from the state. The total grand
[2:59:26] amount is just over 3. 2 million dollars and covers
[2:59:29] of five year period. For this new grant, the city
[2:59:32] manager's office will serve as the lead public agency or
[2:59:35] LPA. Which means they will be the primary contact for
[2:59:38] BSCC. If approved, this will be our third PROP 64
[2:59:43] grant. The grant continues a program funded by our two
[2:59:45] - prior grants known as cohort two and cohort three
[2:59:48] and builds upon our experience and accomplishments from the prior
[2:59:51] grants. As a core three is ongoing, the PD is
[2:59:57] met or exceeded all the grant goals to date. Just
[3:00:00] a few highlights. There's 42 inspections of our legal cannabis
[3:00:03] dispensaries. 10 illegal on licensed cannabis dispensaries and illegal delivery
[3:00:07] services were shut down. Those operators were arrested or faced
[3:00:10] ongoing criminal charges and literally thousands of pounds of cannabis
[3:00:14] and other illegal drugs have been seized. All right, so
[3:00:18] what are the goals, along with your support this evening
[3:00:21] and our partnership with SBCS in Sandag, our project goals
[3:00:25] are. Number one, cannabis business compliance. This is done through
[3:00:28] inspections of our legal marijuana dispensaries and includes business training,
[3:00:33] product analysis, and minor decoy operations. Second goal, illegal cannabis
[3:00:38] enforcement. This is done by our proactive investigations into illegal
[3:00:42] marijuana dispensaries, illegal delivery services, and smoke shop inspections to
[3:00:46] identify those selling cannabis and other illegal products. These unregulated
[3:00:50] businesses not only operate illegally. They sell marijuana in illegal
[3:00:54] drugs to the youth of Julivestown. Third goal youth safety
[3:01:00] and officer training. The PDU will promote youth safety and
[3:01:02] enhance officer readiness by training officers. How to identify and
[3:01:05] investigate juvenile cannabis - related cases. As well as general
[3:01:10] education of cannabis laws and regulations. And the fourth and
[3:01:14] final goal youth prevention and intervention. This extremely important goal.
[3:01:18] Reduces youth access to cannabis. SBCS will provide diversion, prevention,
[3:01:23] and intervention services to two of us to youth. This
[3:01:26] includes counseling, cannabis education, family engagement. Community service opportunities and
[3:01:33] community prevention messaging. In addition to the excellent project goals
[3:01:40] that were just outlined this new grant funding also covers
[3:01:43] full salary benefits of a police detective. Over time, funding
[3:01:47] to conduct business inspections and minor decoy operations. Two detective
[3:01:51] vehicles and one van, which is needed to transport all
[3:01:54] that evidence. And critical officer safety equipment such as body
[3:01:57] armor for my detectives. Lastly, accepting this grant has no
[3:02:03] fiscal impact to the general fund. And with that, we
[3:02:08] respectfully recommend adopting the resolution accepting the grant award as
[3:02:12] listed. Thank you for your time this evening. Chief Peak
[3:02:15] and I are available at Hans or any questions that
[3:02:17] you may have. Thank you very much. Madam Clerk, do
[3:02:20] we have any speakers. We have one remote caller. Robert,
[3:02:26] you have been unmuted. Please proceed with your comment. Robert.
[3:02:36] We can't hear you. Please make sure that you're unmuted
[3:02:40] on your device.
[3:02:52] Robert. Was the only caller that we had on that
[3:03:01] item. Okay, thank you very much. I will now recognize
[3:03:04] the member from District 4. All right, thank you. I
[3:03:08] support this item. I appreciate. Staffing this forward pursuing a
[3:03:14] more than 3. 2 million dollar grant without having an
[3:03:17] impact to our general fund. I know that it supports
[3:03:20] legitimate enforcement and compliance needs also providing SPCS. With 710,
[3:03:27] 000 for youth prevention and intervention. At the same time,
[3:03:34] I know from being an educator of 26 plus years,
[3:03:39] that we get the most bang for our buck when
[3:03:41] we put our money into youth prevention when it comes.
[3:03:44] To all of the things that they face out there,
[3:03:48] right? We get most bang for our buck there. So
[3:03:51] I also think we need to remember the original promise
[3:03:56] of Prop 64. It was sold on youth prevention programs.
[3:04:04] At a high percentage, like 60 percent of it. To
[3:04:08] be spent on youth programs. And only 20 percent would
[3:04:12] be spent on enforcement That's how it was sold in
[3:04:16] 2000, what, 15 or 16. And I remember it, because
[3:04:19] it was an exciting moment, like, wow, we're going to
[3:04:21] actually invest money into our youth. By legalizing marijuana. And
[3:04:26] for somebody such as myself, that was just as involved.
[3:04:31] I think it's important for us to try to keep
[3:04:33] that promise. And so I would ask that the next
[3:04:36] time that we apply for our grant here, if we
[3:04:39] could make prevention and youth programming the primary investment, also
[3:04:46] while still including enforcement, of course, because that was part
[3:04:50] of course part of the original intent of 64 monies.
[3:04:54] And so city manager, I know you're obviously listening to
[3:04:58] me. If we could do that the next year, when
[3:05:01] we apply for this grant, if we could try to
[3:05:03] keep with that original promise of more youth prevention and
[3:05:07] programs, I would really appreciate us trying to take that
[3:05:11] approach. Yes? Just to clarify, it would just be as
[3:05:17] part of the next grant application process, which it sounds
[3:05:19] like might be more than a year out. So we
[3:05:21] would just more than you go out. It sounds like
[3:05:24] two years, probably two years just for the grant cycle.
[3:05:27] Um, unfamiliar. Are we able to modify the current grant.
[3:05:35] In any way? Yeah, deputy mayor, there's always an opportunity
[3:05:38] too. I don't have the specifics right now. I'd have
[3:05:40] to look into it, but we can remodify the budget.
[3:05:44] But again, priority was given because we're an agency that
[3:05:48] enforces illicit marijuana as well. And I completely understand your
[3:05:51] point and respect it. Thank you. Thank you. If you
[3:05:55] could take a look into that and get back to
[3:05:56] us at some point, that'd be great if not, then
[3:05:59] when we reapply in two years. Thank you, Deputy. I
[3:06:01] appreciate approach. Thank you. Thank you. I will recognize the
[3:06:05] member from District 2. I'm happy to move approval of
[3:06:11] accepting the grant. But if I get a second, I'll
[3:06:14] speak to a couple of issues. Okay. You have a
[3:06:17] second. The first issue that I'm interested in is along
[3:06:23] the lines of what the deputy mayor has introduced. I
[3:06:27] think it's a critical that we seek out, if not
[3:06:31] from prop 64, from other venues. And that we be
[3:06:35] seen proactive. We've heard public speakers raise issues or concerns.
[3:06:44] About cannabis consumption and the impacts of cannabis consumption. But
[3:06:52] I decided to speak on this issue more so because
[3:06:56] I've seen, at least in chillista, what appears to be
[3:07:01] a reorganization of our cannabis retail industry. And I'm just
[3:07:05] wondering, uh, if the city manager, well, the grants suggest
[3:07:11] that there's some review of business practices and I don't
[3:07:14] know if that is just complying with distance from the
[3:07:17] street and that kind of business practice. Or if you
[3:07:20] could elaborate on what the business practices, is it compliance?
[3:07:24] Is it, I mean, how do we know we're collecting
[3:07:27] all of the tax we're supposed to be collecting as
[3:07:30] an example. It certainly council member. We do inspections along
[3:07:33] with financing code enforcement and the fire department. It's a
[3:07:37] group effort. And each of our seven marijuana dispensary or
[3:07:40] legal marijuana facilities are investigated collaboratively together. And then if
[3:07:47] additionally, if there's any complaints, the police department receives. Uh,
[3:07:50] we investigate those as well independently through our operations, through
[3:07:54] the grant funds. And if I can add to that,
[3:07:57] so you were asking about the, um, you know, what
[3:08:00] are we looking at with, with those inspections? So, you
[3:08:03] know, we're really looking at the distance and those issues
[3:08:05] as part of the original approval when we're going out
[3:08:07] and doing these inspections. We're looking at things like signage,
[3:08:12] um, are they checking our IDs being checked. Right. So
[3:08:15] we're going in and looking at how they are handling
[3:08:17] the product, how the product is being marketed, how it's
[3:08:20] being stored, um, just all of those requirements that exist
[3:08:24] in the ordinance in terms of how they are going
[3:08:26] to safely operate. That's what we're looking at. Our business
[3:08:30] is also regulated for delivery services. They know. And I
[3:08:36] don't have any information. I'm just raising the question, if
[3:08:40] any of our license dispensaries or otherwise are doing deliveries,
[3:08:47] because that's another way that young adults or emerging adults,
[3:08:53] I'll say, uh, gain access. You're absolutely right. Uh, we
[3:08:56] don't have any legal delivery services in chill ofista, but
[3:09:00] there are a lot of illegal delivery services that deliver
[3:09:03] in our city. And they don't check IDs. And as
[3:09:06] you alluded to, they do sell to youth. And that's
[3:09:08] a concern. And those are investigated by the PD under
[3:09:11] this grant. So like I said, I made the motion.
[3:09:16] I sleep, but maybe during my comments, I'm going to
[3:09:20] seek consensus on a, on another matter related to cannabis.
[3:09:24] So thank you. I very much appreciate the police department's
[3:09:28] activities in procuring all these supplemental funds that augment your
[3:09:35] work and continue to excel in everything you do. Thank
[3:09:40] you, gentlemen. Thank you very much. 474, we have a
[3:09:46] motion from District 2 and a second from District 4,
[3:09:50] Madam Clerk. If you could please read the heading. Item
[3:09:56] 7. 4a is resolution of the city council of the
[3:09:58] city of Chula Vista accepting a grant from the board
[3:10:00] of state and community corrections and appropriating funds, for fist
[3:10:04] vote required. Item 7. 4b is resolution of the city
[3:10:08] council of the city of Chula Vista approving agreement number
[3:10:10] BSCC 1430 - 26 with the board of state community
[3:10:16] corrections for the proposition 64 public health and safety grant
[3:10:20] program and item 7. 4C is resolution of the city
[3:10:23] council of the city of Chula Vista, approving agreements with
[3:10:26] SBCS corporation in San Diego Association of Governments for the
[3:10:30] Proposition 64 Public Health and Safety Grant Program. Please vote.
[3:10:47] Item is adopted unanimously. Um, we have now, we will
[3:10:51] move to item eight. We have one last public speaker,
[3:10:57] Madam Clerk, if you could please call the public speaker.
[3:11:00] The public speaker is David Garcia Ozua.
[3:11:14] Is that okay? Mayor Council David Garcia. How y'all doing?
[3:11:19] I'm a development economist based on national city. I have
[3:11:23] no business, client, or financial interests in Chillista. And I'm
[3:11:27] not affiliated with any organization, officer candidate. My asses is
[3:11:32] one thing. Direct staff to return with a brief visibility
[3:11:36] and cost memo on adding council district level detail to
[3:11:41] the core lease sales tax update the city RA receives.
[3:11:46] From HDL companies. Let me address confidentiality directly because it's
[3:11:52] the first objection this will meet. Revenue and tech section
[3:11:56] code section 7056 makes sale and use of tax records
[3:12:01] confidential. The city may not disclose what any individual businesses
[3:12:05] pay or any figure that would reveal a specific business
[3:12:08] operations. That constrain is real and I'm not asking the
[3:12:11] city to test it. I'm asking for an aggregated data
[3:12:15] only. The standard is set out in HDLL's own sales
[3:12:19] and use tax reference manual. It's combining data for four
[3:12:23] or more businesses with separate sellers permits. Maybe release publicly
[3:12:28] so long as no single member account for 80 percent
[3:12:31] or more of the group total. The manual expressly contemplates
[3:12:36] geographic groupings, businesses in a single shopping center, for example.
[3:12:41] And the city. Uh, RE publishes geographic aggregations of this
[3:12:47] data, uh, page 57 of the proposed budget compares taxable
[3:12:51] sales per capital across every city in the county, broken
[3:12:55] out by business category. The city then draws a conclusion
[3:12:58] from it. That the chill of the chill vista may
[3:13:01] lack a diverse marketplace because residents are shopping outside citie
[3:13:05] boundaries. That's the same tool one level up. I'm asking
[3:13:10] for one level down. If it's disclosable across city lines,
[3:13:15] it's disposable across city districts, city district lines. What caused
[3:13:19] district lines under the same threshold. So publish district totals
[3:13:25] where the threshold is met where a district doesn't meet
[3:13:28] it. Flag and redact that district with a note stating
[3:13:31] which stress hold failed rather than withholding the entire table.
[3:13:35] And reported inside existing quarterly updates. So there's no new
[3:13:39] report consultant or contract. Sales and use tact is one
[3:13:44] of the general funds largest sources. The city makes district
[3:13:47] level capital and service decisions without a public record of
[3:13:51] what of where that revenue is generated publishing this aggregate
[3:13:55] closest the gap without exposing any taxpayer. Uh, the full
[3:13:59] detail is written in my comment on file. I'll ask
[3:14:03] for a feasibility memo. Thank you. Thank you. That concludes
[3:14:11] the public comments. Thank you. Uh, we will now move
[3:14:14] to the city managers report. Thank you Mr. Mayor. Just
[3:14:19] one brief comment. Um, I was made aware today that
[3:14:22] some iPhone users are having difficulties. Um, submitting items on
[3:14:26] our ACT app. And so, uh, staff has identified the
[3:14:30] issue. We are actively working to resolve that. Uh, so
[3:14:33] just a note to our community members. If you are
[3:14:36] experiencing this issue, um, please submit your request via the
[3:14:39] contact us option at the bottom of the city manager's
[3:14:42] webpage and my team will route it to the appropriate
[3:14:44] department. And we are again working quickly to try to
[3:14:48] get that issue resolved with the app itself. Thank you.
[3:14:52] Thank you very much. Um, mayor's report. I'm going to
[3:14:55] go ahead and be as brief as possible. Um, we
[3:14:58] had an exciting time at K1 speed celebrating some amazing
[3:15:03] local drivers, uh, who have made a big impact in
[3:15:06] the carting community. It was thrilling event filled with speed
[3:15:11] competition, lots of high energy, fun with cheered on the
[3:15:16] talented racers. Essentially these individuals actually went to the national
[3:15:22] champions, um, ships. And so it was three members from
[3:15:28] each state. So over 7, 000 individuals, uh, raced and
[3:15:34] they were the top of the top. And we had
[3:15:36] one individual come in 22nd place and one individual come
[3:15:42] in forced place. So that was pretty neat. Um, I'm
[3:15:45] a strong advocate for youth sports. And some of my
[3:15:51] greatest fond memories are coaching my children and soccer. And
[3:15:56] it was incredibly awesome to do that. Uh, as we
[3:16:00] know, lights are a major issue for most athletic fields.
[3:16:05] And I want to thank city staff for taking me
[3:16:07] on tours of the budgeted items of the different fields,
[3:16:12] baseball and soccer, uh, to be able to create lighting.
[3:16:17] So the students or the children can go ahead and
[3:16:21] be able to play for longer hours and practice longer.
[3:16:25] Um, I had, speaking of coaching, I used to be
[3:16:30] actually not only a board member, but a coach for
[3:16:33] AYSO soccer. And I was able to help kick off
[3:16:37] the fall season, uh, with an incredible kickoff event. And
[3:16:41] I was just great to see so many of the
[3:16:44] kids coming out to play soccer, uh, and scrimmage and
[3:16:49] had a lot of great fun. As we know, working
[3:16:52] on a team and playing on a team helped bring
[3:16:56] together teamwork and mission goals to be able to be
[3:17:00] successful. And lastly, I want to wish my wife a
[3:17:05] very happy birthday to my great wife, Missy. I'm so
[3:17:11] grateful for all your love and joy and happiness you
[3:17:15] bring in my wife. Thank you very much. I will
[3:17:19] go ahead and we will now move to, uh, the
[3:17:22] member from district one. On Friday. I attended the higher
[3:17:27] education task fork meeting here at council chambers. The meeting
[3:17:31] featured presentations from staff about the future university and the
[3:17:36] overview of the phase one development. The primary discussion was
[3:17:40] about the form of governance and that our university should
[3:17:44] have all the benefits and advantages possible in a region.
[3:17:52] I want to thank all the many experts educators, our
[3:17:56] staff and members of the public that came to voice
[3:17:58] or perspective only. And that's the only way we're going
[3:18:01] to be able to build together. And I want to
[3:18:03] thank our city manager and Adriana Ralph that did a
[3:18:08] wonderful presentation. I think that, you know, the next, the
[3:18:12] two more meetings left. And this is the only way
[3:18:16] we're together. We can shape the future of this university
[3:18:18] in the region. Thank you. I will now recognize the
[3:18:23] member from District 2. Um, I first wanted to seek
[3:18:30] consensus from, um, the city council to initiate or to
[3:18:36] invite the city manager to give us an update in
[3:18:40] the next six months on how our cannabis industry is
[3:18:44] doing. I'm very interested in understanding if we're meeting our,
[3:18:51] our goals, uh, with these cannabis retailers. And I want
[3:18:56] to see if there is a comparator group of retail
[3:19:02] shops that we can look at to see if we're
[3:19:05] doing well or not well. And, uh, I do realize
[3:19:09] that it's a difficult or interesting industry, but I'm hoping
[3:19:14] I can have consensus to do this at an appropriate
[3:19:17] time when the city manager thinks it might be reasonable
[3:19:20] to look at the status of our cannabis industry in
[3:19:26] the city. Is there consensus for such a referral? In
[3:19:31] city manager, you're good with that. Yeah. There's consensus. I
[3:19:36] think I can go back with that. I think we
[3:19:38] have consensus. So congratulations. Wonderful. Secondly, there's a memo. Um,
[3:19:48] I'd like to move the appointment. I hope they didn't
[3:19:52] butcher his name, but he is my current nomination to
[3:19:56] serve on the Parks and recreation commission. Here's the vacancy.
[3:20:00] And so, uh, in representation of district two, I think
[3:20:05] this wonderful, um, community, uh, resident is going to help
[3:20:12] us all as we work together to advance parks and
[3:20:17] recreation in the city. So I move the appointment if
[3:20:21] the second, um, I hope we can ratify this unanimously.
[3:20:27] We have a motion in a second. Madam Clerk, if
[3:20:31] you can please read the heading. Yes. And Mr. Mayor,
[3:20:35] we do have one speaker on the side of you'd
[3:20:37] like us to proceed with calling them. Yes, please. Um,
[3:20:40] Robert, you have been unmuted. Please proceed with your comment.
[3:20:46] I was, you know, I walk away from one second
[3:20:49] and I get skipped over and it's hard on the
[3:20:51] phone when you're skipped over to be like, you know
[3:20:54] how in person you're like, Hey, I'm here. I'm here.
[3:20:57] And so, you know, that's just my little review. It's
[3:21:00] first time it's ever happened. So I hope you guys
[3:21:02] like the practice with like someone being missing. Secondly, uh,
[3:21:08] I could appreciate Jose for you bringing someone from district
[3:21:15] too. Um, you know, according to the application, that's, that's
[3:21:19] what's going on here. Uh, my, you know, disappointment is
[3:21:24] that the recommended from district too. And I'll get more
[3:21:27] into that, I guess with the next, uh, council members,
[3:21:31] uh, memo. But, um, you know, with these appointments, the,
[3:21:39] the problem still is that on no quorum days, you
[3:21:45] know, there, they're putting a cancellation. And how do you
[3:21:49] know whether people are showing up? I don't know how
[3:21:52] many of you watch the county of San Diego today,
[3:21:56] but the same issues happening where they're having less and
[3:21:59] less quorum. And then they're trying to change it. So
[3:22:01] it's a majority of the members present versus the requirement
[3:22:06] of like whatever the minimum is for us. It would
[3:22:09] probably be, I don't know, maybe a district representative from
[3:22:13] each one when we get down to minimums to be
[3:22:16] able to hold the meetings, right? Anyways. Um, you know,
[3:22:23] it, it's just the concerning thing when the, the meetings
[3:22:28] are getting canceled. And then when I'm bringing it up
[3:22:31] to the, you know, you guys at the top, you
[3:22:34] guys aren't figuring out ways to be more proactive into
[3:22:38] one getting more people here. But probably district representation that
[3:22:42] that's going to be the word you guys are going
[3:22:44] to use when you're appointing people. And believe me, every
[3:22:47] time you appoint someone not from your district, we're all
[3:22:50] going to scream it to the hills because it's not
[3:22:53] district representation. It's a misleading thing when you say that.
[3:22:57] So like I said, you're trying to point people, you
[3:23:03] guys are changing language. I still think there's, uh, issues
[3:23:07] with, uh, because your friend lives in a different district
[3:23:10] than you would appoint them. So I'm glad Jose, you
[3:23:13] haven't taken to that yet and pointed all the 30
[3:23:16] seconds. Or maybe you have. Maybe I got to read
[3:23:19] more into the other people and see who you, uh,
[3:23:22] recommended. You know, that's the problem with not being, uh,
[3:23:26] honest with our words and then saying we're doing district
[3:23:29] deployments when we're not, we're going to play favorites and
[3:23:32] it's going to show. So I'll show that in my
[3:23:34] next comment. Thank you. Thank you. That concludes the public
[3:23:41] speakers. Madam Clerk, if you get please read the heading.
[3:23:46] Yes, this is ratification of the appointment of Matt Yag
[3:23:49] Yagen to the parks and recreation commission. Please vote.
[3:24:03] Item carries unanimously. I will now give it back to
[3:24:06] the member from District 2. Uh, yes. So just a
[3:24:12] couple of announcements on September on Monday, September 14th. We
[3:24:20] are going to host our seniors meeting. We're not hosting
[3:24:24] it on the typical day. Um, that we host because
[3:24:29] it's Labor Day. So usually my meetings are the first
[3:24:33] Monday of the month. And I'm just going to confirm
[3:24:35] the date because I, uh, I think I received the
[3:24:40] text right now. So yeah, it's Monday, September 14th. We
[3:24:44] are going to be hosting at the Norman Park Senior
[3:24:47] Center of representatives from serving seniors. This is a large
[3:24:50] organization that provide services. And they're looking to increase their
[3:24:55] presence in the city of Tulavista. Um, I look, I'm
[3:24:59] looking forward to collaborating with them. Also on September 18th
[3:25:05] are local museum that's situated over here on Garrett. You
[3:25:10] can find it. It's right in front of friendship park.
[3:25:13] We'll be open Friday evening and Sunday evenings, starting the
[3:25:19] 18th and the 20th of September. And they will be
[3:25:21] hosting an exhibition. Uh, sharing, uh, the Japanese American life
[3:25:28] experience as it's represented here in Chula Vista. I want
[3:25:33] to commend the nonprofit organization that operates the Fledgling Museum
[3:25:39] and commend them for their continued work to build civic
[3:25:43] community and to build and support the interpretation of our
[3:25:49] heritage here in the city. And last but not least,
[3:25:53] I look forward to the opportunity to meet with residents.
[3:26:01] On the following Monday. And I'll, in email, we'll go
[3:26:05] out through my newsletter, um, discussing our topic. I'm hoping
[3:26:10] to work. With, um, public safety. But I just need
[3:26:16] to get confirmation for, for who might be able to
[3:26:19] attend. But I'm hoping the hot team can come out
[3:26:22] and meet residents on district to concerns. And, um, so
[3:26:29] it may, I'm not going to announce the date yet,
[3:26:32] but it is an emerging issue that, uh, the public
[3:26:36] wants to have input on. And I look forward to
[3:26:40] the opportunity of having such a forum and having our
[3:26:45] dedicated personnel speak to the public directly about their concerns.
[3:26:51] Uh, hopefully we can resolve what I consider to be
[3:26:56] an accuracy as we work with the unhoused. It is
[3:26:59] not a crime to be poor. We have to figure
[3:27:02] out ways to work with these individuals and support them
[3:27:07] as they seek better ways of living. Thank you. Thank
[3:27:14] you, Mr. Mayor. That's the end of my comments. I
[3:27:17] will now go ahead and recognize the member from District
[3:27:20] 3. Number one. District four. Thank you. I have, uh,
[3:27:28] several nominations that I'm proud to make. We've got Chad
[3:27:32] Jones for the veteran advisory commission. John Rogers for Traffic
[3:27:35] Safety Commission. Mariana Garcia diz for sustainability. Uh, Aldo Brambilla
[3:27:41] for measure A oversight. And Dr. Vernon Moore try to
[3:27:45] review commission. Uh, I do need to, for transparency, I
[3:27:48] do need to disclose that, uh, Dr. Moore and I
[3:27:52] are both employees of the Sweetwater Union High School District.
[3:27:55] More importantly than that, he is the assistant superintendent that
[3:27:59] oversees, uh, the department for which I work. However, there
[3:28:02] are two supervisors between he and I, um, and of
[3:28:05] course this commission is unpaid volunteered work. I have received
[3:28:09] a memo from our city attorney affirming that I can
[3:28:14] still proudly vote for Dr. Vernin Moore. And he is
[3:28:17] actually the only nominee that does not live in district
[3:28:20] four of all the applications for that commission. There was
[3:28:23] only one and I am nominating that person to measure
[3:28:26] A. So after, um, explaining all that, I will move
[3:28:32] to a point of five members listed. Second. Madam Clerk,
[3:28:39] we have a motion in a second. We do have
[3:28:47] one speaker on this item if you'd like us to
[3:28:48] proceed with calling them? Yes, please. Um, the in -
[3:28:53] person speaker is Angelica Martinez followed by our remote caller
[3:28:57] Robert.
[3:29:11] Good evening, Mayor and Council members. I'm asking you tonight
[3:29:13] not to ratify the appointment of Dr. Vernon Moore to
[3:29:17] the charter review commission. I reviewed Dr. Moore's application. He
[3:29:22] describes himself using words such as transparency, equity, compliance, community
[3:29:28] engagement and public trust. But I want to share with
[3:29:32] you my personal experience with Dr. Vernon more because my
[3:29:35] experience has been very different from what I read on
[3:29:38] his application. Dr. Moore has been an assistant superintendent at
[3:29:43] Sweetwater Union High School District since February 21st. In February,
[3:29:48] 2021. According to his own resume, his responsibilities having included
[3:29:53] special education, student support services, and educational equity. I have
[3:29:59] repeatedly reached out to district leadership seeking support and accountability
[3:30:03] for my son who has a disability. In 2023, my
[3:30:08] son was struck by a teacher. When I requested the
[3:30:11] video, what I received was heavily pixelated, and I question
[3:30:15] whether it had been altered. On May 27, 2025, my
[3:30:19] son was assaulted by multiple students. He was jumped. He
[3:30:24] was stomped on the head and knocked unconscious. I have
[3:30:27] been asking Sweetwater for accountability ever since. I have also
[3:30:31] requested my son to complete educational record at least 10
[3:30:35] times since May, 2025. Eventually, I had to go to
[3:30:39] the California Department of Education, CDE, found the district out
[3:30:44] of compliance regarding providing those educational records. So in Dr.
[3:30:48] Mar tells this council that he represents transparency, equity, and
[3:30:52] public trust. My question is, where was that transparency when
[3:30:57] my family was seeking for answers. Where was that equity
[3:31:02] when my son needed someone in leadership to protect his
[3:31:04] rights? And there's something else the public deserves to know.
[3:31:11] Caesar Fernandez works for Sweetwater Union High School District. Dr.
[3:31:15] Vernon Moore is an assistant superintendent, a senior administrator above
[3:31:19] him in that same district's leadership structure. And now Caesar
[3:31:25] Fernandez is asking this council to a point Dr. Moore
[3:31:28] to the charter review commission. In July 13th proposed charter
[3:31:34] amendments were sent back for further review. And now a
[3:31:38] sweetwater employee is nominating a senior administrator from his own
[3:31:42] employer to the commission involved in that review. That connection
[3:31:46] matters. I'm not making legal determination tonight. I'm asking this
[3:31:49] council to consider the parents of independence, transparency and impartiality.
[3:31:56] Who else applied? Where are the qualified residents given the
[3:31:59] same opportunity. What is the relationship between Mr. Fernandez and
[3:32:05] Dr. Moore? And why was senior administrator from his own
[3:32:08] employer selected? We don't need another resume filled with right
[3:32:12] words. We need people whose actions demonstrate those words based
[3:32:16] on my family's firsthand experience. I do not believe Dr.
[3:32:19] Moore has demonstrated their transparency accountability or integrity that I
[3:32:24] expect for someone entrusted with reviewing our city charter. Thank
[3:32:29] you. Thank you. Our next speaker is Robert. Robert, you
[3:32:36] have been unmuted. Please proceed with your comment. Well Bravo,
[3:32:42] he's either Bravo. I can amend you for being transparent,
[3:32:47] right? That, that is like the bare minimum. You know,
[3:32:51] cause, you know, whether people like it or not, I'm
[3:32:54] sure the list is a lot bigger and it's getting
[3:32:57] narrowed down. And the part that I think everybody's wondering
[3:33:01] is kind of the same thing I brought to the
[3:33:03] human relations is that what is done in back rooms
[3:33:08] will soon be brought to light. Because it's all public
[3:33:12] paperwork. So even if you didn't pick the person, the
[3:33:16] documents are all there of who applied and who you
[3:33:19] chose over someone else. As an example, you chose someone
[3:33:24] from district two. I'm going to leave out all names
[3:33:26] and everything because it really doesn't matter. Right. Uh, that's
[3:33:31] the problem with the district appointment is now you're appointing
[3:33:34] people not from your district. Right. And you feel so
[3:33:37] great to do it and go, we're going to represent
[3:33:40] district too. Or I'm sorry. Four. Right. Or is it
[3:33:45] two? I mean, I don't know the conflict for that
[3:33:48] because he lives in a different district than what he's
[3:33:51] going to be appointed to represent. We're going to fall
[3:33:55] on to this favoritism where you guys are work buddies.
[3:33:58] Right. And everybody knows it because you admitted to it,
[3:34:01] which is great. You know, it's good to be truthful.
[3:34:03] But like the problem that me and the city attorney's
[3:34:06] office are having right now is, is there ethic goal
[3:34:09] accountability or just financial accountability. And so ethically, that's the
[3:34:16] problems where we're at now. And it's going to raise
[3:34:19] more questions onto appointments through the same process. Because of
[3:34:23] it. Um, you know, you asked for transparency within certain
[3:34:29] government documents that I could see them beneficial. And then
[3:34:33] here we are with transparency onto the full list of
[3:34:36] people who applied and everything. And I doubt we'll get
[3:34:39] that transparency. I'll have to CPRA that. Right. Um, you
[3:34:44] know, like the city's departments are like battling each other
[3:34:48] instead of working with each other. And so the same
[3:34:51] thing happens within the office instead of Jose supporting you
[3:34:55] and then making that appointment for district too. You're making
[3:34:58] it for district four. And it's not going to be
[3:35:01] a district representative. And the cat's out the bag. Every
[3:35:06] time this happens now, it's going to be brought into
[3:35:08] scrutiny. You're going to have to make a statement probably
[3:35:12] friend, not an actual district representative. I mean, you could
[3:35:16] probably have friends too that are. But you know, that's
[3:35:20] where it, we're just playing into favoritism. You know, I
[3:35:24] find it highly offensive that we're going to, you know,
[3:35:28] like I said, do favors for our work buddies. Um,
[3:35:32] and that's not unethical. Right. So, you know, I hope
[3:35:38] everybody considers and looks in the mirror and goes, I'm
[3:35:41] being ethical, not just financially, ethically, help liable. I'm not
[3:35:47] muted. Thank you. I will go ahead and recognize the
[3:35:52] member from District 3. I'm not going to let anyone
[3:35:56] disrespect Dr. Vernimore. He's one of the highest decorated veteran
[3:36:02] educators in the entire South County. Has received numerous honors,
[3:36:06] including a proclamation from this city. In the last eight
[3:36:10] months. He is well respect and not only in the
[3:36:13] sweetwater school district, but all the surrounding school districts and
[3:36:17] national city, South Bay School District, and also sent a
[3:36:20] seederal and send a unified where he also worked. Um,
[3:36:25] where agency's nonprofits and school districts across Southern California voucher
[3:36:31] him and respect him. He is well - loved. And,
[3:36:35] uh, I'm not going to let anyone disrespect Dr. Vernimore.
[3:36:38] I do apologize. To Ms. Martinez for the very difficult
[3:36:42] circumstance, her ner son went through. Uh, as a former
[3:36:46] administrator. Uh, and former employee, the Sweetwater School District. I
[3:36:50] know what that means. I know what that looks like.
[3:36:54] Of a child going through a difficult situation. And going
[3:36:57] through that. It's not easy. And a lot of parents
[3:37:01] or parents of teenagers have all experienced some sort of
[3:37:05] difficult circumstance in navigating through the public school system. And,
[3:37:09] um, I just want to make that very clear to
[3:37:11] the public that Dr. Vernimoreswell respected. And, uh, that he
[3:37:15] has my absolute support. I yield back. I will recognize
[3:37:19] the member from District 2. So, um, as I hear
[3:37:26] the remarks, um, from both of our public speakers, I'm
[3:37:30] just curious. As to the value and the opportunity that
[3:37:35] any member of the public might have involunteering to serve
[3:37:39] on a board. I'm hoping that people continue to apply
[3:37:48] and that their personal lives or professional lives are not.
[3:37:56] Presented in a negative light. I don't know any of
[3:38:01] the circumstances. I also don't know any of the allegations
[3:38:06] being made by Robert. But what is concerning to me
[3:38:11] is that, uh, and, you know, this happened the last
[3:38:15] time. I think when we appointed, uh, the general counsel
[3:38:21] from Sweetwater, another resident of the city, that there were
[3:38:26] comments. And I just don't know how we expect volunteers
[3:38:33] to be part of our commissions if they are not
[3:38:39] able to participate in a civic way without, um, being
[3:38:44] challenged. I'm sure everyone has processes. Available to them to
[3:38:49] submit concerns or submit complaints. But, um, I've never had
[3:38:56] the opportunity to meet Mr. Vernon more. Dr. Bernard Moore,
[3:39:00] but I am familiar with his work. You know, he's
[3:39:04] a high level official. And I just hope that he
[3:39:10] chooses not to stop participating because of the comments that
[3:39:15] were made here. And I hope that anyone seeking justice
[3:39:19] has that opportunity in the appropriate forum. Thank you. Madam
[3:39:27] Clerk, we have, um, a motion and a second. Please
[3:39:30] read the heading. This is item 11. 2 ratification of
[3:39:34] the appointments of Dr. Vernon Moore to the charter review
[3:39:37] commission, Aldo Brambilla to the measure A citizens oversight committee.
[3:39:41] Mariana Garcia Diaz to the sustainability commission John Rogers to
[3:39:45] the traffic safety commission and Chad Jones to the veterans
[3:39:49] advisory commission. Please vote. Item carries unanimously.
[3:40:01] Member from district 40 still have any more comments? No
[3:40:05] report. Thank you. I will go ahead and see City
[3:40:09] clerk. Do you have a report. I have no reports
[3:40:11] this evening. Thank you. And Mr. Attorney. No report tonight,
[3:40:17] Mr. Mayor. Thank you. Okay. Uh, we will now go
[3:40:19] ahead and I want to wish everybody to have a
[3:40:24] fun Labor Day. And remember what that is for. And
[3:40:27] the next regular city council meeting will be on September
[3:40:32] 22nd.