1. CALL TO ORDER
Public Comments:
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
2. ROLL CALL
Public Comments:
Deputy Director of City Clerk Services Turner called the roll.
Deputy Mayor Preciado joined the meeting at 5:06 p.m.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Comments:
Councilmember Gonzalez led the Pledge of Allegiance.
4. CONSENT CALENDAR (Items 4.1 through 4.10)
Public Comments:
Items 4.4, 4.5, 4.9, and 4.10 were removed from the Consent Calendar at the request of members of the public.
Moved by
Mayor McCann
Seconded by
Councilmember Gonzalez
To approve t
he recommended actions
appearing below consent calendar Items 4.1 through 4.3 and 4.6 through 4.8. The headings were read, text waived
.
The motion was carried by the following vote:
Yes (4)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, and Councilmember Gonzalez Result, Carried (4 to 0)
4.1 Approval of Meeting Minutes
Attachments
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Public Comments
1. Draft Minutes - September 19, 2023.pdf
Approval of the minutes dated: September 19, 2023.
4.2 Waive Reading of Text of Resolutions and Ordinances Public Comments:
Approval of 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:
Consideration of requests for excused absences. No requests were received for that meeting.
4.6 Grant Award and Appropriation: Accept Grant Funds from the Federal Emergency Management Agency for the Assistance to Firefighters Grant and Appropriate Funds For that Purpose Attachments
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Public Comments
1. Staff Report for FEMA AFG Grant Acceptance - 23-0257.pdf
2. Resolution.pdf
3. Attachment 1 - Award Package redacted.pdf
4. Attachment 1 - Award Package.pdf
Adopt a resolution accepting the Federal Emergency Management Agency Assistance to Firefighters Grant of $78,945, matching with ten percent City funds of $7,895, and appropriating funds for that purpose. (4/5 Vote Required)
Item 4.6 heading:
RESOLUTION NO. 2023-152 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO FIREFIGHTERS GRANT AWARD, MATCHING A PERCENTAGE OF THE GRANT WITH CITY FUNDS, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
4.7 Grant Award and Appropriation: Accept and Appropriate Grant Funds from the California Office of Traffic Safety for the Emergency Medical Services (EMS) First Responder Equipment Program Attachments
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Public Comments
1. Staff Report for OTS Grant Acceptance - 23-0258.pdf
2. Resolution(1).pdf
Adopt a resolution accepting $50,000 of grant funding from the California Office of Traffic Safety and appropriating $50,000 to the capital category of the Fire Grants Section of the Federal Grants Fund. (4/5 Vote Required)
Item 4.7 heading:
RESOLUTION NO. 2023-153 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE EMERGENCY MEDICAL SERVICES FIRST RESPONDER EQUIPMENT PROGRAM AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
4.8 Agreement: Approve an Agreement with AutoReturn US, LLC to Provide a Towing and Impound Management Software Solution Attachments
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Public Comments
1. Staff Report AutoReturn Service Agreement - 23-0262.pdf
2. Resolution - AutoReturn.pdf
3. Attachment 1 - AutoReturn Service Agreement.pdf
PAUL HENKIN
ARIES allows the public to view its impound database (towed vehicles.) Public accessibility is a good thing.
Paul Henkin submitted written comments in support of the item.
Adopt a resolution waiving the competitive formal bid requirement and approving a service agreement with AutoReturn US, LLC to provide towing and impound management software solution for the Police Department.
Item 4.8 heading:
RESOLUTION NO. 2023-154 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND APPROVING A SERVICE AGREEMENT WITH AUTORETURN US, LLC TO PROVIDE TOWING AND IMPOUND MANAGEMENT SOFTWARE SOLUTION TO THE POLICE DEPARTMENT
ITEMS REMOVED FROM THE CONSENT CALENDAR
4.4 Labor Relations: Adopt an Ordinance Establishing Traffic Control Worker Minimum Wage (Second Reading and Adoption) Attachments
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Public Comments
1. Staff Report - 2nd Reading - Traffic Control Worker Minimum Wage.pdf
2. Ordinance(1).pdf
3. Written Communications - O'Neill - Item 4.4.pdf
4. Written Communications - Kyle - Item 4.4.pdf
PAUL HENKIN
Every workeer deserves a minimum wage!
Dennis Kyle
As a public utility, we do not agree with this ordinance. Striking the one hour exemption for telecom utilities but allowing it to remain for gas and electric utilities is not treating public utility companies equally. It does not seem appropriate to attempt to regulate a public utility company in this manner. Lastly, we didn't receive notice of this change until September 14th which does afford us the time to properly respond to this specific change in the ordinance.
The following members of the public spoke regarding the item:
Alan C.
Delia Dominguez Cervantes, Chula Vista resident
Dennis Kyle, representing Wyyerd Fiber, spoke and submitted written comments in opposition to the item.
Paul Henkin submitted written comments in support of the item.
Moved by
Deputy Mayor Preciado
Seconded by
Councilmember Chavez
To adopt Ordinance No. 3557, the heading was read, text waived. The motion was carried by the following vote Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez Result, Carried (5 to 0)
Item 4.4 heading:
ORDINANCE NO. 3557 OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.73, “TRAFFIC CONTROL WORKER MINIMUM WAGE” TO TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A TRAFFIC CONTROL WORKER MINIMUM WAGE ( SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED)
4.5 Contract Award and Appropriation: Award a Public Works Contract to SCW Contracting Corporation for the “Sewer Force Main at G Street Pump Station and G Street Pump Station Upgrade (SWR0275 and SWR0309)” Project and Appropriate Funds for that Purpose Attachments
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Public Comments
1. Staff Report-Award G St Sewer Pump Station Upgrade (SWR0275-SWR0309) - 22-0233.pdf
2. Resolution(4).pdf
3. Attachment 1 - SCW Disclosure Statement (SWR0275-SWR0309) redacted.pdf
4. Attachment 1 - SCW Disclosure Statement (SWR0275-SWR0309).pdf
PAUL HENKIN
Agenda item 4.5 is a contract bid to award a Public Works Contract for the “Sewer Force Main at G Street Pump Station and G Street Pump Station Upgrade. You propose to spend over $11 million of taxpayer money even though the attached Staff Report says that the project is way overpriced. (95% above the City Engineer's estimate.)
Moreover, there were apparently 'minor' errors in the bid, although the attachment says "Staff received no information indicating that the bid documents included any deficiencies."
Most importantly, the agenda item amd attachments lack any information regarding the reason for or necessity of the project. In light of this, I suggest that there are better uses for our money, and it is not right to ramrod this proposal through right now.
I suggest putting this project on hold and including a brief statement in the Agenda on the need for and/or reason for any expenditure over $1 million.
John Acosta, Chula Vista resident, spoke in opposition to the item.
Paul Henkin submitted written comments in opposition to the item.
City Engineer Valle spoke regarding the scope of the contract and the formal bid process and responded to questions from the City Council.
Moved by
Deputy Mayor Preciado
Seconded by
Councilmember Gonzalez
To adopt Resolution No. 2023-151, the heading was read, text waived. The motion was carried by the following vote:
Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez Result, Carried (5 to 0)
Item 4.5 heading:
RESOLUTION NO. 2023-151 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR THE “SEWER FORCE MAIN AT G STREET PUMP STATION AND G STREET PUMP STATION UPGRADE (SWR0275 AND SWR0309)” PROJECT TO SCW CONTRACTING CORPORATION, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
4.9 Grant Award and Appropriation: Accept Grant Funds from the California Office of Traffic Safety for the Selective Traffic Enforcement Program and Amend the Fiscal Year 2023/24 Budget For that Purpose Attachments
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Public Comments
1. Staff Report OTS STEP Grant 2024 - 23-0263.pdf
2. Resolution(2).pdf
3. Attachment 1 - Grant Agreement.pdf
4. Written Communications - Curry 4.9.pdf
5. Item 4.9 - Alan Mil presentation.pdf
The following members of the public spoke regarding the item:
Alan C.
John Acosta, Chula Vista resident
Police Captain Martin spoke regarding the item.
Moved by
Mayor McCann
Seconded by
Councilmember Chavez
To adopt Resolution No. 2023-155, heading was read, text waived. The motion was carried by the following vote:
Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez Result, Carried (5 to 0)
Item 4.9 heading:
RESOLUTION NO. 2023-155 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
4.10 Agreement: Approve an Agreement with Disability Access Consultants, LLC for Americans with Disabilities Act Self-Evaluation and Transition Plan Update Services Attachments
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Public Comments
1. Staff Report Disability Access Consultants Agreement - 23-0269.pdf
2. Resolution(3).pdf
3. Attachment_1_DAC_Two_Party_Agreement.docx.pdf
4. Attachment 2 DAC RFP Response Redacted.pdf
5. Attachment 2 DAC RFP Response.pdf
Steve Ramon
I think it is good that we are doing work that brings our city into compliance and address disability issues. BUT to use ARPA funds for this when you have homeless issues, people struggling to pay rent and necessitities that still are problems. What about Harborside Park do something about that. This is such an bad use of ARPA funds.
Concerned Resident
Is this the best use of ARPA funding when people are unhoused in the second largest City of San Diego County? How is this eligible under the ARPA guidelines? Was it in the ARPA spending plan? This money could be spent to reopen Harborside Park or build more affordable rental housing in Eastern Chula Vista. I hope this makes the news with the caption "City of Chula Vista does not have a clue on how to best spend its ARPA funds." Robert Johnson
If a city is found to be in violation of ADA regulations, it may be subject to enforcement actions, such as fines or remedial measures. However, the exact consequences and penalties would depend on the specific circumstances and the actions taken by the enforcing authorities. It would be advisable to consult legal experts or relevant authorities for accurate and up-to-date information regarding ADA compliance and potential consequences for non-compliance.
Regarding services like the internet, it's worth noting that the ADA does cover accessibility requirements for digital services and websites. Public entities, including local governments, are generally required to ensure that their digital services are accessible to individuals with disabilities. This includes providing reasonable accommodations and ensuring that online content is accessible.
if i cant find it on the calendar imagine what "the need of others might be" the internet
also i would reccomend hiring 10 people for the salary you pay the city manager. she isnt worth 10 peoples pay check. you could get 10x done.with less.
John Acosta, Chula Vista resident, spoke in support of sidewalks in the City.
Robert Johnson submitted written communication in support of the item.
The following members of the public submitted written communications in opposition to the item:
Steven Ramon
Concerned Citizen
Moved by
Mayor McCann
Seconded by
Deputy Mayor Preciado
To adopt Resolution No. 2023-156, heading was read, text waived. The motion was carried by the following vote:
Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez Result, Carried (5 to 0)
Item 4.10 heading:
RESOLUTION NO. 2023-156 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT FOR AMERICANS WITH DISABILITIES ACT SELF-EVALUATION AND TRANSITION PLAN SERVICES BETWEEN THE CITY AND DISABILITY ACCESS CONSULTANTS, LLC
5. PUBLIC COMMENTS
Attachments
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Public Comments
1. Raso.pdf
Alan C. spoke regarding traffic safety data on Broadway.
John Acosta, Chula Vista resident, spoke regarding Harborside Park.
Brandon Claypool spoke regarding homelessness and thanked City staff for the services available in Chula Vista.
Joe Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance.
At the request of Deputy Mayor Preciado, there was a consensus of the City Council for staff to return to a future meeting with an analysis of the Chula Vista tenant protection ordinance in relation to new state legislation.
Henry Sanchez spoke in support of gathering in City parks to play soccer.
Harold De Moss, Chula Vista resident, spoke regarding various matters.
Delia Dominguez Cervantes, Chula Vista resident, spoke regarding news articles referencing financial disclosures for City Council members.
Preston Barney offered prayers for the City Council.
6. CITY MANAGER’S REPORTS
Public Comments:
There were none.
7. MAYOR’S REPORTS
Public Comments:
Mayor McCann spoke regarding his attendance at the following recent events: Chula Vista Art Fest, Bonitafest Melodrama, Living Coast Discover Center Clean Up, Movies in the Moonlight, the Public Works Golf tournament, Chula Vista Police Department's Evening with Heroes, and groundbreakings for the UniverCity library and Sweetwater Park.
8. COUNCILMEMBERS’ COMMENTS
Public Comments:
Deputy Mayor Preciado spoke regarding his attendance at the following recent events: Chula Vista Police Department's Evening with Heroes, the State of the City, and the groundbreaking for Sweetwater Park. He expressed concern about the lack of accessibility on Third Avenue, announced the distribution of this first district newsletter, and encouraged district residents to sign up to receive the newsletter.
Councilmember Chavez spoke regarding her attendance at the State of the City and the groundbreaking for the UniverCity library.
She encouraged residents to register for the Metropolitan Transit System's Blue Envelope Program, established to assist individuals with accessibility needs.
9. CITY ATTORNEY'S REPORTS
Public Comments:
Acting City Attorney Maland announced that
an item would be added to the agenda for the upcoming City Council Workshop to allow the City Council to discuss attendance at the 2023 Binational Delegation to ensure accordance with the Brown Act.
10. CLOSED SESSION
Public Comments:
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 City Council would convene in closed session to discuss the items listed below.
Mayor McCann recessed the meeting at 6:22 p.m. The City Council convened in closed session at 6:30 p.m., with all members present.
10.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1):
Public Comments:
Name of case: American Medical Response West v. CA Dept of Healthcare Services, Sacramento Superior Court, Case No. 34-2021-80003757-CU-WM-GDS.
Action:
No Reportable Action
11. ADJOURNMENT
Public Comments:
The meeting was adjourned at 6:36 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services