[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.