City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
August 8, 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, Deputy Director, City Clerk Services 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 5:07 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 Oaths of Office:
Citizens' Oversight Committee - Measure A
- Patricia Alvarez
Cultural Arts Commission
- Christine Brady
Human Relations Commission
- David Diaz
- Julie Holm
2023-08-08 City Council Regular Meeting Minutes
Sustainability Commission
- Jeanine Sharkey
Veterans Advisory Commission
- Francia Castro
- Henry Martinez
City Clerk Bigelow administered the oaths of office and Councilmember Gonzalez presented the certificates of appointment.
4.2 Presentation of a Proclamation Proclaiming August 2023 as Purple Heart Month in the City of Chula Vista
Mayor McCann read the procl amation and Councilmember Cardenas presented it to the Purple Heart recipients.
4.3 Presentation of a Proclamation to San Diego All Star Clowns and Family Entertainers Proclaiming August 1 to August 7, 2023 National Clown Week in the City of Chula Vista
Mayor McCann read the proclamation and Councilmember Chavez presented it to the San Diego All-Star Clowns and family.
5. CONSENT CALENDAR (Items 5.1 through 5.12)
Items 5.4, 5.9, 5.11, and 5.12 were removed from the Consent Calendar at the request of a member of the public and City staff.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3, 5.5 through 5.8, and 5.10. The headings were read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
5.1 Approval of Meeting Minutes
Approve the minutes dated: July 25, 2023
5.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting.
5.3 Consideration of Requests for Excused Absences
Consider requests for ex cused absences. No requests were received at that meeting.
2023-08-08 City Council Regular Meeting Minutes
5.5 Agreement: Approve an Amendment to the Agreement with Moffatt and Nichol to Provide Final Design for the Heritage Road Bridge Replacement Project (STM0386)
Adopt the resolution approving the f ifth amendment to the agreement with Moffatt and Nichol to increase the agreement amount by $298,454 and extend the agreement term until December 31, 2027 to provide final design plans, specifications, and estimates; advertise the construction contract; an d provide construction design support for the Heritage Road Bridge Replacement Project (STM0386).
Item 5.5 heading:
RESOLUTION NO 2023 -112 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIFTH AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY AND MOFFATT AND NICHOL TO PROVIDE FINAL DESIGN FOR THE HERITAGE ROAD BRIDGE REPLACEMENT PROJECT (STM0386)
5.6 Grant Acceptance and Appropriation: Approve an Agreement and Accept a Grant from the Department of Alcoholic Beverage Control Adopt a resolution approv ing an agreement with the Department of Alcoholic Beverage Control, accepting $75,000 in grant funds and appropriating the funds to the Police Grants Section of the State Grants Fund for the Alcohol Policing Partnership Program. (4/5 Vote Required)
Item 5.6 heading:
RESOLUTION NO 2023 -113 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT WITH THE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL, ACCEPTING GRANT FUNDS, AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
5.7 Agreement: Approve an Agreement with Systems Integrated for Software Control System onSITE Support and Task Order Services
Adopt a resolution approving a five -year agreement with Systems Integrated for Software Control System Support Services for the annual maintenance of the onSITE SCADA system and task order services with a total not -to-exceed amount of $750,000 over the life of the agreement, which is five (5) years.
Item 5.7 heading:
RESOLUTION NO 2023 -114 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SYSTEMS INTEGRATED SOFTWARE CONTROL
SYSTEM ONSITE SUPPORT AND TASK ORDER SERVICES AGREEMENT
BETWEEN THE CITY AND SYSTEMS INTEGRATED
5.8 Agreement: Approve an Amendment to an Agreement with Kleinfelder Construction Inc. for On-Call CIP Construction Management Adopt a resolution approving the first amendment to the consultant services agreement with Kleinfelder Construction Inc. for on -call CIP construction management to increase the maximum allowable payment for services performed through June 2024 to $4,000,000.
2023-08-08 City Council Regular Meeting Minutes
Item 5.8 heading:
RESOLUTION NO 2023 -115 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIRST AMENDMENT TO THE EXISTING CONSULTING
SERVICES AGREEMENT BETWEEN THE CITY AND KLEINFELDER
CONSTRUCTION INC. FOR ON -CALL CIP CONSTRUCTION MANAGEMEN T CONSULTING SERVICES.
5.10 Agreement Amendment: Approve the Third Amendment to the Agreement with World Advancement of Technology for EMS and Rescue (W.A.T.E.R.) Adopt a resolution approving the third amendment to the agreement with World Advancement of T echnology for EMS and Rescue (W.A.T.E.R.) to incorporate updates to support and maintenance and scheduled fee increases for a one -year period, one option to extend, and a not -to-exceed amount of $100,000 for the two - year period.
Item 5.10 heading:
RESOLUTION NO 2023 -117 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A THIRD AMENDMENT TO THE SOFTWARE LICENSE
AGREEMENT BETWEEN THE CITY AND WORLD ADVANCEMENT OF
TECHNOLOGY FOR EMS AND RESCUE (W.A.T.E.R)
ITEMS REMOVED FROM THE CONSENT CALENDAR
5.4 Agreement: Approve an Agreement with The Pun Group LLP to Provide Cannabis Excise Tax and Inventory Audit and Consulting Services Alan C. spoke in opposition to the staff's recommendation.
John Acosta, Chula Vista resident, spoke regarding the cannabis tax.
Assistant Finance Director Del Rio spoke regarding the item.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Gonzalez
To adopt Resolution No. 2023-111, the heading was read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 5.4 heading:
RESOLUTION NO 2023 -111 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND THE PUN
GROUP , LLC TO PROVIDE CANNABIS EXCISE TAX AND INVENTORY AUDIT
AND CONSULTING SERVICES
2023-08-08 City Council Regular Meeting Minutes
5.9 Grand Jury Report: Accept the 2022/2023 San Diego County Grand Jury Report on Governance of San Diego Bay and its Tidal Lands and Regions and Authorize the Mayor to Sign a Response Letter
City Manager Kachadoorian spoke on the item and responded to questions from the City Council.
Paul Henkin submitted written comments expressing a neutral position on the item.
Moved by Mayor McCann
Seconded by Councilmember Gonzalez
To adopt Resolution No. 2023 -116, authorize the Mayor to work with the City Manager and the City Attorney to clarify, revise, and finalize the response letter based on any additional pertinent information received in advance of the filing deadline, and to provide a copy of the final response letter to the City Council. The heading was read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 5.9 heading:
RESOLUTION NO 2023 -116 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2022/2023 SAN DIEGO COUNTY GRAND JURY
REPORT ON GOVERNANCE OF SAN DIEGO BAY AND ITS TIDAL LANDS AND
REGIONS AND AUTHORIZING THE MAYOR TO SIGN THE RESPONSE ON
BEHALF OF THE MAYOR AND CITY COUNCIL
5.11 Project Agreement and Appropriation: Approve an Agreement with Caltrans to Develop the Project Report and Environmental Documents for a Capital Improvement Project at SR -125 and Main Street/Otay Valley Road (STM0409) and Appropriate Funds
Alan C. spoke in opposition to the staff's recommendation.
Delia Dominguez Cervantes, Chula Vista resident, spoke regarding removing the toll on the SR-125.
Pedro Orso-Delgado spoke regarding the item.
City Council discussion ensued.
Engineering Director Valle spoke regarding the item.
Moved by Mayor McCann
Seconded by Councilmember Gonzalez
To adopt Resolution No. 2023-118, the heading was read, text waived. The moti on was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
2023-08-08 City Council Regular Meeting Minutes
Item 5.11 heading:
RESOLUTION NO 2023 -118 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A COOPERATIVE AGREEMENT WITH CALTRANS TO
DEVELOP THE PROJECT REPORT AND ENVIRONMENTAL DOCUMENTS FOR CIP STM0409 (SR -125 AND MAIN STREET/OTAY VALLEY ROAD
INTERCHANGES) AND APPRO PRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DIFS FUND TO CIP STM0409 (4/5 VOTE
REQUIRED)
5.12 Homeless Activities: Accept Additional Funds from the County Capital Emergency Housing Solutions Grant Program, Approve an Associated Amendment to the Agreement, Appropriate Funds, and Extend the Declaration of the Shelter Crisis
The following members of the public spoke regarding homelessness:
Alan C.
John Acosta, Chula Vista resident
Delia Dominguez Cervantes, Chula Vista resident
Orville Peckoo
Joseph Raso, Chula Vista resident
Paul Henkin submitted written comments in support of the staff's recommendation.
Director of Housing and Homelessness Kurz spoke regarding the item.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Resolution Nos. 2023 -119 and 2023 -120, headings w ere read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 5.12 headings:
A) RESOLUTION NO 2023 -119 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING FUNDS FROM THE COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM,
APPROVING AN AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SAN DIEGO, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE
REQUIRED)
B) RESOLUTION NO 2023 -120 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXTENDING THE DECLARATION OF A SHELTER CRISIS WITHIN THE MEANING OF GOVERNMENT CODE SECTION 8698
Mayor McCann recessed the meeting at 6:31 p.m. The City Council reconvened at 6:45 p.m., with all members present.
2023-08-08 City Council Regular Meeting Minutes
6. PUBLIC COMMENTS
Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance and submitted written documentation.
John Acosta, Chula Vista resident, spoke regarding corruption.
Alan C. spoke regarding various matters.
Brandon Claypool, Chula Vista resident, spoke regarding homelessness.
The following members of the public spoke in support of minimum wage for healthcare workers:
Joni Vargas
Celia Gomez
Leila Khader
Delia Dominguez Cervantes, Chula Vista resident, spoke regarding homelessness.
Gina E. spoke regarding Harborside Park.
Laura spoke regarding the Human Relations Commission.
Christine Brady, Chula Vista resident, spoke regarding arts and culture in the City.
7. PUBLIC HEARINGS
7.1 Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by th e County Treasurer -Tax Collector
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.
Assistant Finance Director Del Rio and Revenue Manager Vasquez gave a presentation on the item and responded to questions from the City Council.
Mayor McCann opened the public hearing.
City Council discussion ensued.
John Acosta, Chula Vista resident, spoke regarding charge calculation.
Delia Dominguez Cervantes spoke in opposition to the staff's recommendation.
Alan C. made suggestions for additional options for delinquent sewer service.
Paul Henkin submitted written comments in opposition to the staff's recommendation.
There being no further members of the public who wished to speak, Mayor McCann closed the public hearing.
City Council discussion ensued.
2023-08-08 City Council Regular Meeting Minutes
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-121, the heading was read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.1 heading:
RESOLUTION NO 2023 -121 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR
PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY TREASURER -TAX COLLECTOR (4/5 VOTE REQUIRED)
7.2 Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector
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.
Assistant Finance Director Del Rio and Revenue Manager Vasquez gave a presentation on the item and responded to questions from the City Council.
Mayor McCann opened the public hearing.
Alan C. spoke regarding additional fees associated with delinquent solid waste service.
John Acosta, Chula Vista resident, spoke regarding the item.
Paul Henkin submitted written comments in opposition to the staff's recommendation.
There being no further members of the public who wished to speak, Mayor McCann closed the public hearing.
Council discussion ensued.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-122, the heading was read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
2023-08-08 City Council Regular Meeting Minutes
Item 7.2 heading:
RESOLUTION NO 2023 -122 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE
CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF
LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY
TREASURER-TAX COLLECTOR (4/5 VOTE REQUIRED)
8. ACTION ITEMS
8.1 Agreement: Approve an Agreement with Cityzen Solutions, Inc., Doing Business As PublicInput, for an Online Public Engagement Platform Assistant City Manager Allen gave a presentation on the item and responded to questions from the City Council.
John Acosta, Chula Vista resident, spoke regarding seniors accessing the platform.
Henry Martinez, Chula Vista resident, spoke regarding th e ACT Chula Vista application.
Moved by Mayor McCann
Seconded by Councilmember Gonzalez
To adopt Resolution No. 2023-123, heading was read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 8.1 heading:
RESOLUTION NO 2023 -123 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A SERVICE AGREEMENT BETWEEN THE CITY AND CITYZEN SOLUTIONS, INC. DBA PUBLICINPUT
8.2 Labor Relations: Report on Implementation of Recommendations from the City Council Ad -Hoc Subcommittee on Labor Relations and Request for Direction
Assistant City Manager Allen gave a presentation on the item.
Marshal Anderson, representing the San Diego Lodging Association, expressed a neutral position and provided recommendations on the item.
The following members of the public spoke in support of the item:
Sal Espinoza, representing CWA
Francisco Pena
Christopher Allen, representing SWMSRCC
Jorge Viramontes
Ricardo Sanchez
Jesse Garcia
Marco Alcantara
2023-08-08 City Council Regular Meeting Minutes
Matt Blake, Chula Vista resident
Will Hauck, Chula Vista resident
Alan C.
Doug Hicks, representing SWMSRCC
Ansermio Estrada, Chula Vista resident
Kelvin Barrios
Carol Kim, representing Building Trades
The following members of the public spoke in opposition to the item:
Nicholle Wright, representing HomeFed
Henry Martinez, Chula Vista resident
Hannah Gbeh, representing the Building Industry Association of San Diego, also spoke on behalf of Adrian Luna and Lori Holt Pheiler
The following members of the public submitted written comments in support of the item:
Brenda Aguirre
James Moffat
Ricardo Ochoa
Sara Ochoa
The following members of the public submitted written comments in opposition to the item:
Daniel Johnson
Dustin Steiner
At the request of Deputy Mayor Preciado, there was a consensus of a majority of the City Council to direct staff to proceed with work on the matter related to traffic control workers' wage disparity and safety without waiting for County issues to be resolved.
Assistant City Manager Allen stated that the staff's goal was to return to the City Council meeting on September 12 with draft ordinances for the City Council’s consideration regarding minimum wage for traffic control workers, required contractor reporting, and project labor agreements for City -owned property and subsidized housi ng projects. A majority of the City Council supported the staff’s proposed action.
9. CITY MANAGER’S REPORTS
There were none.
10. MAYOR’S REPORTS
Mayor McCann spoke regarding his attendance at the following recent events: Boards and Commission reception, m eeting with the National Association of Minority Contractors, Fire Fighter's Academy, Parks and Recreation Day at Memorial Park, the 2023-08-08 City Council Regular Meeting Minutes
groundbreaking of the Chula Vista Elementary School District Transportation Center and Police Department's National Night O ut. He thanked the Downtown Village Association and City Manager Kachadoorian for the purchase of tables and chairs for Third Avenue.
At the request of Mayor McCann, there was a consensus of the City Council to direct the City Manager to review local encam pment ordinances and report on potential actions that could be implemented in Chula Vista to move homeless efforts forward.
11. COUNCILMEMBERS’ COMMENTS
Councilmember Chavez provided an MTS Board meeting update. She also spoke regarding her attendance at t he following recent events: the Police Department's National Night Out, a visit to the 24-hour Aria Cleaners, and Parks and Recreation Day.
Councilmember Gonzalez thanked his staff for keeping him engaged in the community.
Deputy Mayor Preciado thanked th e City Manager and her team for their high level of engagement and professionalism in the discussion and clarification of items. He commended Mayor McCann for his continued engagement in the operation of City Council meetings.
At the request of Deputy Mayo r Preciado, there was a consensus of the City Council to add an item to the next meeting agenda to consider forming a sub -committee with himself and Mayor McCann, to work on challenges and concerns impacting Downtown Third Avenue.
At the request of Council member Cardenas, there was a consensus of a majority of the City Council to direct the City Manager to draft a letter on behalf of the City supporting AB399, County Water Authority Act.
At the request of Councilmember Cardenas, there was a consensus of the City Council to direct staff to research and return with a healthcare worker's minimum wage ordinance at a September City Council meeting.
11.1 Councilmember Chavez: Ratification of Appointment to the Following Commission:
Heath Wellness and Aging Commission
- Pat Mallen
Moved by Councilmember Chavez
Seconded by Councilmember Cardenas
To ratify the appointment of Pat Mallen to the Health Wellness and Aging Commission.
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
12. CITY ATTORNEY'S REPORTS
There were none.
2023-08-08 City Council Regular Meeting Minutes
13. CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346 -03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney.
Acting City Attorney Maland announced that the Council would not discuss Item 13.1 B but would convene in closed session to discuss Item 13.1 A.
Mayor McCann recessed the meeting at 10:12 p.m. The City Council convened in closed session at 10:25 p.m., with all members present.
13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9 (d)(1)
(A) Name of case: Jacqueline Limon v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2021-00045866-CU-PA-CTL.
ACTION: No Reportable Action. Pending finalization of settlement. (B) Name of Case: City of Chula Vista, et al. v. Joe Stephenshaw, as Director, et al.; California Court of Appeal, Third Appellate District; Case No. C094237.
ACTION: Item was not discussed.
14. ADJOURNMENT
The meeting was adjourned at 10:32 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk