City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
October 3, 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 ; Deputy Director of City Clerk Services Turner; and Deputy Director of City Clerk Services Hernandez
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.
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1. CALL TO ORDER
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
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 Councilmember Gonzalez led the Pledge of Allegiance.
4. CONSENT CALENDAR (Items 4.1 through 4.10)
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 a pprove the 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:
2023-10-10 City Council Regular Meeting Minutes
Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, and Mayor McCann
Result, Carried (4 to 0)
4.1 Approval of Meeting Minutes
Approval of the minutes dated: September 19, 2023.
4.2 Waive Reading of Text of Resolutions and Ordinances Approval of a motion to read only the title and waive the re ading of the text of all resolutions and ordinances at this meeting.
4.3 Consideration of Requests for Excused Absences
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
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 EM ERGENCY 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 Califo rnia Office of Traffic Safety for the Emergency Medical Services (EMS) First Responder Equipment Program
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 S ERVICES 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
Paul Henkin submitted written comments in support of the item. 2023-10-10 City Council Regular Meeting Minutes
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)
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): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
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 VOT E
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
John Acosta, Chula Vista resident, spoke in opposition to the item.
Paul Henkin submitted written comments in opposition to the item. 2023-10-10 City Council Regular Meeting Minutes
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): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
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 T raffic Safety for the Selective Traffic Enforcement Program and Amend the Fiscal Year 2023/24 Budget For that Purpose
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): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
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
John Acosta, Chula Vista resident, spoke in support of sidewalks in the City. 2023-10-10 City Council Regular Meeting Minutes
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): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
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 BETWE EN THE
CITY AND DISABILITY ACCESS CONSULTANTS, LLC
5. PUBLIC COMMENTS
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
There were none.
7. MAYOR’S REPORTS
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 2023-10-10 City Council Regular Meeting Minutes
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
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
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
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):
Name o f 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
The meeting was adjourned at 6:36 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services
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Kerry K. Bigelow, MMC, City Clerk