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Minutes

Chula Vista City Council
June 6, 2023

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Minutes
Meeting
June 6, 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.

1. CALL TO ORDER
Public Comments:

A regular meeting of the City Council of the City of Chula Vista was called to order at 5:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.

2. ROLL CALL
Public Comments:

City Clerk Bigelow called the roll.

3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Comments:

Deputy Mayor Preciado led the Pledge of Allegiance and Mayor McCann called for a moment of silence in remembrance of D-Day.

4. CONSENT CALENDAR (Items 4.1 through 4.7)
Public Comments:

Moved by
Mayor McCann
Seconded by
Councilmember Chavez
To approve t
he recommended actions
appearing below consent calendar Items 4.1 through 4.7. The headings were read, text waived
.

The motion carried by the following vote:

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

4.1 Approval of Meeting Minutes
Attachments
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Public Comments

1. Draft Minutes - May 16 2023 Special Meeting.pdf

2. Draft Minutes - May 16 2023.pdf

3. Draft Minutes - May 23 2023.pdf
Approve the minutes dated: May 16, 2023, 4:00 p.m. and 5:00 p.m., and May 23, 2023.

4.2 Waive Reading of Text of Resolutions and Ordinances Public Comments:

Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting.

4.3 Consideration of Requests for Excused Absences
Public Comments:

Consider requests for excused absences as appropriate. No requests were received at that meeting.

4.4 Position Titles: Amend the Chula Vista Municipal Code to Add the Unclassified Position Titles of Building Official, Deputy Director City Clerk Services, and Code Enforcement Manager (Second Reading and Adoption) Attachments
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Public Comments

1. Original Staff Report from May 23, 2023 Consideration of the Fiscal Year 2023-24 Operating and Capital Improvement Budgets.pdf

2. Original Staff Report from May 23, Consideration of the Fiscal Year 2023-24 Operating and Capital Improvement Budgets (1).pdf

3. Ordinance - Amend CV Muni Code Section 2.05.010 (revised 5.18.2023).pdf Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the Unclassified Position Titles of Building Official, Deputy Director City Clerk Services, and Code Enforcement Manager. (Second Reading and Adoption) (4/5 Vote Required)
ORDINANCE NO. 3550 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLES OF BUILDING OFFICIAL, DEPUTY DIRECTOR CITY CLERK SERVICES, AND CODE ENFORCEMENT MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED)

4.5 Grant Award: Accept a Grant from the California Board of State and Community Corrections for the Officer Wellness and Mental Health Grant Program Attachments
|
Public Comments

1. Staff Report Officer Wellness Grant - 23-0127(1).pdf

2. Staff Report Officer Wellness Grant - 23-0127.pdf

3. Resolution - Officer Wellness Grant.pdf
Adopt a resolution accepting $163,585 of grant funds from the California Board of State and Community Corrections for the Officer Wellness and Mental Health Grant Program and amending the Fiscal Year 2023/24 budget for that purpose. (4/5
V
ote
R
equired)
RESOLUTION NO. 2023-072 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS, AMENDING THE FISCAL YEAR 2023/24 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

4.6 Agreement: Approve an Agreement with SBCS Corporation for Youth Counseling Services Attachments
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Public Comments

1. Staff Report SBCS Youth Counseling Services Agreement - 23-0140.pdf

2. Resolution.pdf

3. Attachment 1.pdf
Adopt a resolution waiving the consultant selection process and approving an agreement with SBCS Corporation for youth counseling services.

RESOLUTION NO. 2023-073 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT WITH SBCS CORPORATION FOR YOUTH COUNSELING SERVICES

4.7 Investment Report: Quarter Ending March 31, 2023
Attachments
|
Public Comments

1. Staff Report Investment Report Quarter Ending March 31, 2023 - 23-0146(1).pdf

2. Staff Report Investment Report Quarter Ending March 31, 2023 - 23-0146.pdf

3. Attachment 1 - Summary of Cash and Investments as of March 31, 2023.pdf

4. Attachment 2 - Investment Report for the Quarter Ended March 31, 2023.pdf Accept the investment report for the quarter ending on March 31, 2023.

5. PUBLIC COMMENTS
Attachments
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Public Comments

1. Public Comments - Raso.pdf
Michele Nojd
Greetings Mayor and Council. Chula Vista has a history of not keeping it's word. From promised sidewalks for Montgomery when we voted to annex them into Chula Vista to the Ranch Del Rey area, who were supposed to get a library. The city needs to stop going through the motions of "getting public input" and spending money on that process, to then totally disregarding what they're told. It's a fallacy that Chula Vista voters just re-elect their representatives. District #4 is one example. The predecessor, Mike Diaz only served one term. A lesson for all. Listen to your constituents when they give their input or you may suffer the same fate. Thanks Michele Nojd
I'm against renovations to Eucalyptus Park. Since previous park renovations, i.e. Harborside Park, have led to their closure and the land being grabbed for other uses, we can't trust that the same thing won't happen to this park. We can't afford to lose another park on the west side. Thank you.

Robert Johnson
Hello, City officials. My name is ChatGPT, and I'm an AI language model developed by OpenAI to assist you with your queries.

I understand that you are interested in knowing how private labor negotiations could potentially violate the Brown Act.

First, it's essential to note that the Brown Act is California's open meeting law that requires local government agencies to conduct their meetings in public, allowing the public to participate and observe their decision-making processes. Section 54957.6 of the government code provides an exemption to this rule, permitting closed sessions for negotiations under certain circumstances.

However, the Brown Act has specific requirements for conducting closed sessions, including that discussions are limited to the topic under negotiation and that no final action is taken during the closed session.

If private labor negotiations violate the Brown Act, it would likely be because the closed-door discussions go beyond the scope of what the law allows. For example, if during a closed session, the City officials discuss other unrelated issues or make decisions instead of just negotiating labor issues, that could be considered a violation of the Brown Act.

Furthermore, the Brown Act also mandates that any final decisions or actions taken during a closed session must be disclosed within 24 hours, and minutes of that session must be public within a reasonable timeframe.

Robert Johnson
Dear City Officials,

I understand that the notion of becoming a welcoming city is a pressing matter. However, it is crucial to acknowledge the fact that the government's surveillance of our communication through hard lines poses a significant challenge to achieving this goal. Any effort to deny the government's monitoring or spying is merely an attempt to cover it up. Furthermore, sharing information with border patrol becomes redundant if federal agencies have access to all communication via Ericson, which oversees the emergency port necessary when dialing 911. As it stands, it is impossible to become a welcoming city while the government engages in extensive surveillance and monitoring of our communication.

I hope that this issue can be effectively addressed so that the city can progress towards its goal of becoming a more welcoming environment. If you have any questions or concerns regarding this subject, please do not hesitate to contact me.

Sincerely,
Robert Johnson
Ruben Padilla spoke regarding park space in Calexico.

Mary Davis, Chula Vista resident, spoke in opposition to the Welcoming City program.

Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance.

Lillie Hebert, Chula Vita resident, expressed concern regarding an incident at Chula Vista Elementary School District.

John Acosta, Chula Vista resident spoke regarding Councilmembers.

Delia Dominguez- Cervantes, Chula Vista resident, spoke regarding City matters.

Mariana Saponara, Chula Vista resident, spoke regarding D-Day and traffic on Nacion Avenue.

Christine Brady, Chula Vista resident, spoke regarding arts and culture.

Becky Rapp spoke regarding matters related to cannabis.

At the request of Mayor McCann there was a consensus of the City Council to direct the City Manager to add an item to a future City Council  agenda to consider supporting AB 1207 - Cannabis Candy Child Safety Act.

Robert Johnson submitted written communications regarding the Brown Act and the Welcoming City program.

Michele Nojd submitted written communication regarding the process of obtaining public input.

6. BOARD AND COMMISSION REPORTS
Public Comments:

6.1 Charter Review Commission: Presentation by the Charter Review Commission to City Council Regarding the Ranked Choice Voting Concept Attachments
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Public Comments

1. Charter Review Commission Presentation to Council on Ranked Choice Voting Concept - 23-0124.pdf

2. CRC Letter to Council re Ranked Choice Voting 2023.pdf Kim Knox
The League of Women Voters of San Diego endorses the consideration of Ranked Choice Voting by the Chula Vista Charter Review Commission. There are multiple advantages to RCV, in addition to the winning candidate being likely to be accepted by voters on both sides of the political spectrum. For example, RCV helps ensure that elected candidates have broader support and represent a wider range of viewpoints, since they are inclined to appeal to a larger portion of the electorate. It also reduces the need for strategic voting tactics, (voting for the “lesser evil” of two candidates rather than one’s preferred choice which may be considered a wasted vote). RCV helps address the issue of vote splitting, where two or more similar candidates can divide the votes of a particular constituency, leading to the victory of a less popular candidate. And, RCV has resulted in increased voter engagement and more positive campaigning, helping to strengthen our democracy. LWV has promoted and educated the public about RCV in jurisdictions across the country. In California, the League helped to defeat a bill which would have prohibited the use of RCV in state and local elections.

Ranked Choice Voting is one of LWV San Diego’s priorities this year; we believe it contributes to creating a more robust democracy for voters. We hope the council will pursue a charter amendment that would allow for ranked choice voting to be adopted by the city of Chula Vista.

Robert Johnson
Dear City Officials,

I would like to express my concern regarding the adoption of Ranked Choice Voting system. While it may seem like an appealing option at first, I strongly believe that it is not the best choice for our city.

First and foremost, Ranked Choice Voting can often be confusing and complicated for the voters. The system requires the voter to rank candidates in order of preference, which is not always clear or straightforward. As a result, it may lead to a higher rate of spoiled ballots, which diminishes the legitimacy of the electoral process.

Moreover, Ranked Choice Voting is also known to potentially reduce diversity and representation in elections. This happens because the system can lead to the exclusion of some minority or independent candidates that are popular among their base, but may not be the most favored overall. As a result, the political system may become more polarized and less representative of diverse interests and perspectives.

It is also worth noting that Ranked Choice Voting can lead to longer wait times and more costs related to vote counting and tabulation. This can put an unnecessary burden on already stretched resources during the election cycle.

Therefore, on behalf of all concerned in our city, I strongly encourage you, the city officials, to consider other alternative options that better serve the needs of the community.

PAPER BALLOTS
LOCALs RUN
NO COMPUTERS which can be hacked

NO MASS MAIL IN BALLOT

Thank you for your attent
Charter Review Commission Vice Chair Buddingh gave spoke regarding the item.

City Council discussion ensued.

John Acosta, Chula Vista resident spoke regarding elections.

The following members of the public spoke in opposition to ranked choice voting:

Delia Dominguez-Cervantes, Chula Vista resident
Mary Davis
Kim Knox submitted written communications in support of ranked choice voting.

Robert Johnson submitted written communications in opposition to ranked choice voting.

7. ACTION ITEMS
Public Comments:

7.1 Eucalyptus Park: Approve the Park Master Plan for Renovation of Eucalyptus Park and Reallocate American Rescue Plan Act Funds to Capital Improvement Project PRK0340 (Eucalyptus Park) for Related Construction Costs Attachments
|
Public Comments

1. Staff Report Eucalyptus Park Master Plan - 23-0070 (002).revised.pdf

2. Staff Report Eucalyptus Park Master Plan - 23-0070 (002).revised(1).pdf

3. Resolution - Eucalyptus Park.revised.pdf

4. Resolution - Eucalyptus Park.revised(1).pdf

5. Attachment 1 - Project Location Map.pdf

6. Attachment 2 - Eucalyptus Park Master Plan.pdf

7. Item 7.1.pdf
Mayor McCann stated he would abstain from voting on Item 7.1 due to a potential property-related conflict of interest. He left the dais during the discussion and voting on the item.

Landscape Architect McDonnell gave a presentation on the item. She and Director of Development Services Black responded to questions of the City Council.

Steve Stenberg, Chula Vista resident, spoke regarding funding for the park.

Michele Nojd submitted written communication in opposition to staff's recommendation.

Moved by
Deputy Mayor Preciado
Seconded by
Councilmember Chavez
To adopt Resolution No. 2023-074, the heading was read, text waived. The motion carried by the following vote:

Yes (4)
Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez Abstain (1)
Mayor McCann
Result, Carried (4 to 0)
RESOLUTION NO. 2023-074 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING THE PARK MASTER PLAN FOR THE RENOVATION OF EUCALYPTUS PARK; (2) APPROVING A TENTH AMENDMENT TO THE AMERICAN RESCUE PLAN ACT SPENDING PLAN; AND (3) REALLOCATING FUNDS AND AMENDING THE AMERICAN RESCUE PLAN ACT BUDGET THEREFOR (4/5 VOTE REQUIRED)

7.2 Easement: Order the Summary Vacation of a Portion of a Public Service Easement Within the Otay River Business Park Specific Plan Attachments
|
Public Comments

1. Staff Report - Summary Vacation of a Public Service Easement in the Otay River Business Park Specific Plan - 23-0145.pdf

2. Resolution(1).pdf

3. Attachment 1 - Easement Vacation Exhibit.pdf

4. Attachment 2 - Reserve Easement Resolution Vac. 80-39, dated May 13, 1981.pdf

5. Attachment 3 - SDGE Quitclaim Easement, dated January 23, 2020.pdf

6. Item 7.2.pdf
Associate Engineer Phillips gave a presentation on the item.

Moved by
Deputy Mayor Preciado
Seconded by
Councilmember Cardenas
To adopt Resolution No. 2023-075, the heading was read, text waived. The motion carried by the following vote:

Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez Result, Carried (5 to 0)
RESOLUTION NO. 2023-075 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC SERVICE EASEMENT RESERVED BY THE COUNTY OF SAN DIEGO WITHIN PARCEL 1 OF CERTIFICATE OF COMPLIANCE ER484 OF OTAY RIVER BUSINESS PARK

8. CITY MANAGER’S REPORTS
Public Comments:

There were none.

9. MAYOR’S REPORTS
Public Comments:

Mayor McCann spoke regarding the Norman Park Senior Center upgrades and his attendance at the opening of In & Out Burger on Main Street and recent graduation ceremonies in the City.

10. COUNCILMEMBERS’ COMMENTS
Public Comments:

Deputy Mayor Preciado spoke regarding the City's Arts Master Plan, homelessness and recent visits to Harborside and Hilltop Parks.

Councilmember Chavez spoke regarding her attendance at the following recent events: graduations ceremonies in the City, the Chula Vista Fleet Reserve's memorial service honoring the fallen, and the National Latina Foundation mixer. She congratulated Assistant Police Captain Collum for being chose as a Pride honoree for the California Legislative LGBTQ Caucus and Assemblymember Alvarez for the unanimous passage of AB 837 through the California Assembly.

Councilmember Cardenas spoke in support of arts and culture in the City and extended Pride Month greetings.

10.1 Deputy Mayor Preciado:

Attachments
|
Public Comments

1. Mayoral Nomination Memo.pdf

2. Boards and Commissions Applications Packet.pdf
Consideration of Potential Rescission of the City Council Action Taken to Appoint Jesse Navarro to the Measure A Citizens' Oversight Committee Deputy Mayor Preciado spoke regarding the item.

The following members of the public spoke in opposition to the item:

Mary Davis
John Acosta, Chula Vista resident
Robert Garcia, Chula Vista resident
Delia Dominguez-Cervantes, Chula Vista resident
David Ardilla, San Diego resident
Jesse Navarro, Chula Vista
resident
Alvaro La Rue
Joel Garcia
Marcy Weaver, representing the Chamber of Commerce, spoke regarding the Chamber's nominations for the seat.

City Council discussion ensued.

Moved by
Deputy Mayor Preciado
Seconded by
Councilmember Cardenas
To rescind the action taken on May 16, 2023 to appoint Jesse Navarro to the Measure A Citizens’ Oversight Committee.

Yes (4)
Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez No (1)
Mayor McCann
Result, Carried (4 to 1)

10.2 Councilmember Gonzalez:

Public Comments:

Consider the formation of an ad hoc subcommittee for the purpose of informing the City's strategic plan and budget process.

Councilmember Gonzalez spoke regarding the item.

John Acosta, Chula Vista resident, spoke regarding the budget.

Moved by
Councilmember Gonzalez
Seconded by
Deputy Mayor Preciado
To form
an ad hoc subcommittee consisting of Deputy Mayor Preciado and Councilmember Gonzalez for a period of 90 days for the purpose of informing the City's strategic plan and budget process.

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

11. CITY ATTORNEY'S REPORTS
Public Comments:

There were none

12. ADJOURNMENT
Public Comments:

The meeting was adjourned at 7:19 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk

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