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Draft Minutes - April 18, 2023.pdf

Chula Vista City Council
April 25, 2023

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Draft Minutes - April 18, 2023.pdf
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April 25, 2023
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Chula Vista City Council
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Text extracted from the city's file for reading and search. Open the original on pub-chulavista.escribemeetings.com. That file is the official record.

City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes

April 18, 2023, 5:00 p.m.

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

Present: Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, Mayor McCann

Also Present: City Manager Kachadoorian ; Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney City Clerk Bigelow; Assistant City Clerk Turner

The City Council minutes are prepared and ordered to correspond to the City Council Agenda.

Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented.
_____________________________________________________________________

1. CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.

2. ROLL CALL
City Clerk Bigelow called the roll.

3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Preciado led the Pledge of Allegiance.

4. SPECIAL ORDERS OF THE DAY

4.1 Presentation of Proclamations to Southwestern Colleg e Students Camila Gonzalez and Nicolette Lun for Award-Winning Journalism Mayor McCann read the proclamations and Councilmembers Chavez and Gonzalez presented them to the students.

4.2 Presentation of a Proclamation Proclaiming the Month of April Arab American Heritage Month in the City of Chula Vista
Mayor McCann read the proclamation, and Councilmember Cardenas presented it to Doris Bittar, representing the American Arab Anti-Discrimination Committee.

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4.3 Presentation of a Proclamation Proclaiming the Mo nth of April World Landscape Architecture Month in the City of Chula Vista Mayor McCann read the proclamation and presented it to Principal Landscape Architect Ferman.

4.4 Presentation of a Proclamation Proclaiming the Month of April Fair Housing Month Celebrating the 55th Anniversary of the Fair Housing Act of 1968 in the City of Chula Vista
Mayor McCann read the proclamation and Councilmember Cardenas presented it to Board President Jesus Pacheco and Board Secretary Leticia Munguia, representing the Center for Social Advocacy.

5. CONSENT CALENDAR (Items 5.1 through 5.6)
Items 5.2, and 5.4 through 5.6 were removed from the Consent Calendar at the request of a member of the public.

Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To approve the recommended actions appearing below consent calendar Items 5.1 and

5.3. The headings were read, text waived. The motion carried by the following vote:

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

5.1 Approval of Meeting Minutes
Approve the minutes dated: March 28, 2023

5.3 Consideration of Requests for Excused Absences
Consider requests for excused absences as appropriate.

ITEMS REMOVED FROM THE CONSENT CALENDAR

5.2 Waive Reading of Text of Resolutions and Ordinances Alan C. spoke in opposition to the item.

Hayley Salazar submitted written communications in opposition to the item.

Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To approve a motio n to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. The motion carried by the following vote:

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

5.4 Accessory Dwelling Units: Adopt an Ordinance Amending the Chula Vista Municipal Code on Accessory Dwelling Units and Junior Accessory Dwelling Units to Align with State Law and Clarify Development Regulations (Second Reading and Adoption)
The following members of the public spoke in opposition to the staff's recommendation:
 Mark
 Consuelo
 Paul Henkin
Paul Henkin submitted written communication in opposition to staff's recommendation.

Richard DAscoli, representing Pacific Southwest Association of Realtors, submitted written communications in support of staff's recommendation.

Development Services Director Black responded to questions of the Council.

Moved by Deputy Mayor Preciado
Seconded by Councilmember Gonzalez
To adopt Ordinance No. 3548, heading read, text waived. The motion carried by the following vote:

Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
ORDINANCE NO. 3548 OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022 (ACCESSORY DWELLING UNITS) AND 19.58.023 (JUNIOR ACCESSORY

DWELLING UNITS) (SECOND READING AND ADOPTION)

5.5 Employee Compensation and Positions: App rove Amended Compensation Schedule to Reflect Salary Adjustments for Certain Positions; Amended Position Count; Amendment to the Memorandum of Understanding for Peace Officers; and Revised Compensation Schedule
Human Resources Director Chase and Police Captain Martin spoke on the item.

The following members of the public spoke in opposition to staff's recommendation:
 Alan C.
 David Oyos, representing the Chula Vista Police Officers Association

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The following members of the public spoke in support of increased compensation for firefighters:
 Darrell Roberts, representing Chula Vista Firefighters IAFF Local 2180  Juan Perez, representing IATSE Local 122
The following members of the public submitted written communications expressing a neutral position on the item:
 Carol KIm
 Karl David Zurlage
 Sara Kent Ochoa
 James Moffat
 Sotta Villasenor
 Martin
 Bryan
 Terry
 Noah
 Manny
 Chris Colombo
 Joshua
 Irene Aguirre
 Brenda Aguirre
The following members of the public submitted written communications in support of staff's recommendation:
 Nicole Hobson
 Kevin Cablayan
 Angelica Cablayan
 Frank Rivera
The following members of the public submitted written communications in opposition to staff's recommendation:
 Christopher Lopez
 Mary Jo Ornelas
 Zach
 Maribel McKinze
 Robert Hill
 Kim
 Sara Lopez
 Vincent A.
 Regina F.
 Nicole Campbell
 Todd Walters
Council discussion ensued.

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Moved by Mayor McCann
Seconded by Councilmember Cardenas
To adopt Resolution Nos. 2023 -040 through 2023-042, and add an item regarding labor negotiations with IAFF, other bargaining groups , and unrepresented employees to the May 9, 2023 closed session agenda, headings read, text waived.

The motion carried by the following vote:

Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann
No (1): Councilmember Gonzalez
Result, Carried (4 to 1)
A) RESOLUTION NO. 2023 -040 OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA AMENDING THE COMPENSATION SCHEDULE TO REFLECT

SALARY ADJUSTMENTS FOR CERTAIN POSITIONS AND AMENDING THE

AUTHORIZED POSITION COUNT IN THE FINANCE DEPARTMENT
B) RESOLUTION NO. 2023 -041 OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA ADOPTING THE SECOND AMENDMENT TO THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER’S ASSOCIA TION (“POA”) COVERING THE PERIOD OF MAY 4, 2021 TO JUNE 30, 2024, REGARDING

THE ADDITION OF A SIXTH PAY STEP AND STEP ADVANCEMENT
C) RESOLUTION NO. 2023 -042 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022 -2023 COMPENSATION SCHEDULE EFFECTIVE APRIL 21, 2023, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5

5.6 Expenditure Plan Amendment and Appropriation: Amend the Infrastructure, Facilities and Equipment Expenditure Plan and Appropriate Funds to the Traffic Signal Modifications Project for Change Orders with HMS Construction and Additional Project Costs
The following members of the public spoke in opposition to the item:
 Alan C.
 John Acosta, Chula Vista resident
Cindy submitted written documentation in opposition to the item but did not wish to speak.

Director of Engineering Valle responded to questions of the City Council.

Moved by Councilmember Gonzalez
Seconded by Mayor McCann
To adopt Resolution No. 2023 -043, heading read, text waived. The motion carried by the following vote:

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Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
RESOLUTION NO. 2023-043 OF THE CITY COUNCIL OF THE CITY OF CHULA

VISTA AMENDIN G THE INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN AND AMENDING THE FISCAL YEAR 2022/23 CIP PROGRAM BUDGET THEREFOR (4/5 VOTE REQUIRED)

6. PUBLIC COMMENTS
Joseph Razo, spoke regarding homelessness and displayed a video.

Mayor McCann recessed the meeting at 6:55 p.m. The Council reconvened at 7:06 p.m., with all members present.

Gladys Orozco announced the upcoming Shen Yun performance Doris Bittar submitted written documentation regarding the item but was not present when called to speak.

The following members of the public expressed concerns regarding local matters:
 Alan C
 John Acosta
 Consuelo
Lillie Hebert spoke in support of flying the POW flag.

Mark expressed concern regarding no-fault rent protections.

Sophia Rodriguez, Chula Vista resident, spoke in support of an ordinance to establish a privacy and technology commission.

Becky Rapp expressed concern regarding matters related to cannabis. Mayor McCann referred the matter to the City Manager.

Char expressed concern regarding increasin g utility rates. Mayor McCann referred the matter to the City Manager.

Robert Johnson submitted written communications referencing coercion.

7. PUBLIC HEARINGS

7.1 Proposed Federal Grant Funding: Conduct a Public Hearing and Receive Recommendations for the Fiscal Year 2023/2024 Annual Action Plan Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice.

Management Analyst Barnard gave a presentation on the item and he and Housing and Homeless Services Director Kurz responded to questions of the City Council.

Council discussion ensued.

Mayor McCann opened the public hearing.
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The following members of the public expressed concern regarding issues related to homelessness:
 Alan C.
 John Acosta, Chula Vista resident
The following members of the public spoke in support of staff's recommendation:
 Jenna Novotny, representing Mama's Kitchen
 Jessie Stein, representing Voices for Children
Paul made recommendations regarding funding priorities.

Mark spoke in opposition to staff's recommendation.

Paul Henkin submitted written communications expressing a neutral position on the item.

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

8. CITY MANAGER’S REPORTS
There were none.

9. MAYOR’S REPORTS
Mayor McCann spoke regarding his attendance at the ribbon cutting for Graze Craze and Sawaya Brothers Market. He thanked Councilmember Cardenas fo r her service on the Otay valley Regional Park and spoke regarding the bridge shelter and homelessness.

9.1 Ratification of Appointments to the Following Commissions:

Alan C. spoke regarding the Charter Commission.

Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
Board of Library Trustees
- Carrie Holleron
- Toby Larson
Charter Review Commission
- Victor Lopez
Civil Service Commission
- Lourdes Silva-Nunez
- Andrew Strong
Human Relations Commission
- Leticia Lares-Urquidez
Parks and Recreation Commission
- Martin Calvo

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To ratify the above appointments. The motion carried by the following vote:

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

10. COUNCILMEMBERS’ COMMENTS
Deputy Mayor Preciado thanked City Manager Kachadoorian for supporting his office hours at Norman Park Senior Center.

Councilmember Chavez spoke regarding her attendance at the following recent events:
the Latino American Professional Alliance meeting, the Adelante Mujer Latin Conference, the plaque dedication for fallen hero Captain Gregory Ratzlaff; and the MTS public security meeting. She also extended an invitation to the community to a roundtable to discuss Justice, Equity, Diversity and Inclusion in the City of Chula Vista.

11. CITY ATTORNEY'S REPORTS
There were none.

12. CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346 -03, Official Minutes and records of action taken during closed session are maintained by the City Attorney.

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

Mayor McCann recessed the meeting at 8:30 p.m. The City Council convened in closed session at 8:34 p.m. with all members present.

12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1)
Name of Case: Aimee Alexander v. The Prescott Companies, et al., San Diego Superior Court, Case No. 37-2020-00011388-CU-PO-CTL.

Action: No Reportable Action

13. ADJOURNMENT
The meeting was adjourned at 8:45 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk

_________________________
Kerry K. Bigelow, MMC, City Clerk

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