Chula Vista City Council
October 24, 2023

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

October 17, 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 of 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, except for item 8.1, which was time certain and taken after Item 5.5. _____________________________________________________________________

1. CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:05 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

4. SPECIAL ORDERS OF THE DAY

4.1 Presentation by the San Diego County Registrar of Voters’ Office on the Newly Installed Permanent Ballot Drop Boxes Located Throughout the City Andrew Pates, Election Processing Supervisor from the San Diego County Registrar of Voters' Office, gave a presentation.

4.2 Presentation of a Proclamation to Director of CAST Maria Zadorozny and Fire Chief Muns Commending the Community Adversity Support Team (CAST -- Previously Citizen's Adversity Support Team) on its 30th Anniversary in the City of Chula Vista
Mayor McCann read the p roclamation, and Councilmember Gonzalez presented it to the Director of CAST, Maria Zadorozny.

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5. CONSENT CALENDAR (Items 5.1 through 5.9)
Items 5.2, 5.4, 5.5, 5.7, and 5.8 were removed from the Consent Calendar at the request of members of the public.

Mayor McCann announced that Item 5.10 would be withdrawn and would not be considered.

Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To approve the recommended actions appearing below consent calendar Items 5.1, 5.3,

5.6, and 5.9. 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
Approval of the minutes dated: September 26, October 3, and 5, 2023.

5.3 Consideration of Requests for Excused Absences
Approval of an excused absence request from Councilmember Cardenas for the October 5, 2023 City Council workshop.

5.6 Agreement: Approve a Facilities Use License Agreement for Exclusive Use of the Primary Equestrian Arena and Outbuildings at Rohr Park Judith Tieber submitted written comments in support of the staff's recommendation.

Adopt a resolution approving a Facilities Use License Agreement betw een the City and Sunnyside Saddle Club for Exclusive Use of the Primary Equestrian Arena and Outbuildings at Rohr Park.

Item 5.6 heading:

RESOLUTION NO. 2023-161 OF THE CITY COUNCIL OF THE CITY OF CHULA

VISTA APPROVING A FACILITIES USE LICENSE AGREEMENT BETWEEN THE

CITY AND SUNNYSIDE SADDLE CLUB

5.9 Agreement: Approve Modifications to the Golf Course Facility Management Agreement with Touchstone Golf, LLC, for Management of the Chula Vista Golf Course
Adopt a resolution approving a modified Golf Course Fac ility Management Agreement with Touchstone Golf, LLC, for professional management services for the Chula Vista Golf Course.

Item 5.9 heading:

RESOLUTION NO. 2023-165 OF THE CITY COUNCIL OF THE CITY OF CHULA

VISTA APPROVING A MODIFIED GOLF COURSE FACILITY M ANAGEMENT

AGREEMENT BETWEEN THE CITY AND TOUCHSTONE GOLF, LLC
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ITEMS REMOVED FROM CONSENT CALENDAR

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

Moved by Deputy Mayor Preciado
Seconded by Mayor McCann
To approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting.

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

5.4 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending June 30, 2023, Appropriate Funds for that Purpose, and Amend a Council Policy
John Acosta, Chula Vista resident, spoke in opposition to the item.

Finance Director Schoen responded to questions from the City Council.

Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To adopt Resolution Nos. 2023-157 and 2023-158, 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)
Item 5.4 headings:

A) RESOLUTION NO. 2023 -157 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2022 - 23 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
B) RESOLUTION NO. 2023 -158 OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA ADOPTING REVISED FINANCIAL REPORTING AND TR ANSFER

AUTHORITY POLICY

5.5 City Election: Call an Election on March 5, 2024, to Conduct a Primary Election for City Councilmembers for Districts 3 and 4 and a Special Runoff Election for City Attorney, and Adopt Regulations for Candidate Statements Acting City Attorney Maland stated she would abstain from the discussion on the item due to a potential financial -related conflict of interest. Assistant City Attorney McClurg joined the meeting.
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Alan C. spoke regarding voting options.

The following members of the public spoke in opposition to mail-in ballots:
 John Acosta, Chula Vista resident
 Robert Johnson, Chula Vista resident
 Joseph Raso, Chula Vista resident

Robert Johnson submitted written comments expressing a neutral position on the item.

Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To adopt Resolution Nos. 2023-159 and 2023-160, 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)
Item 5.5 headings:

A) RESOLUTION NO. 2023 -159 OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA CALLING A PRIMARY MUNICIPAL ELECTION FOR TWO MEMBERS OF THE CITY COUNCIL, REPRESENTING DISTRICTS 3 AND 4 AND

A SPECIAL RUNOFF ELECTION FOR A CITY ATTORNEY , TO BE HELD ON TUESDAY , MARCH 5, 2024; AND REQUESTING THE COUNTY OF SAN DIEGO

BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO

PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION B) RESOLUTION NO. 2023 -160 OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE

OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT THE MUNICIPAL ELECTION TO BE HELD TUESDAY , MARCH 5, 2024 Mayor McCann recessed the meeting at 5:51 p.m. The Council reconvened at 6:00 p.m., with all members present.

5.7 Grant Award and Agreement: Accept and Appropriate Grant Funds from the California Office of Traffic Safety for a Pedestrian and Bicycle Safety Program and Approve an Agreement with Circulate San Diego to Administer the Program
The following members of the public spoke in opposition to the item:
 Mary Davis
 John Acosta, Chula Vista resident

Alan C. spoke regarding bike lanes on Broadway.

City Council discussion ensued.
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Moved by Councilmember Gonzalez
Seconded by Deputy Mayor Preciado
To adopt Resolution Nos. 2023-162 and 2023-163, 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)
Item 5.7 headings:

A) RESOLUTION NO. 2023 -162 OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA ACCEPTING GRANT FUNDS FROM THE CALIFORNIA OFFICE

OF TRAFFIC SAFETY FOR THE PEDESTRIAN AND BICYCLE SAFETY PROGRAM AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) B) RESOLUTION NO. 2023 -163 OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND

APPROVING AN AGREEMENT WITH WALKSANDIEGO DOING BUSINESS AS

CIRCULATE SAN DIEGO TO ADMINISTER THE PEDESTRIAN AND BICYCLE

SAFETY PROGRAM

5.8 Expenditure Plan Amendment and Appropriation: Amend the Infrastructure, Facilities and Equipment Expenditure Plan and Appropriate Funds to the Traffic Signal Modifications CIP Project for a Change Order with HMS Construction and Associated Project Costs
Alan C. spoke in support of the item.

John Acosta, Chula Vista resident, spoke in support of sensors on stoplights.

Director of Engineering Valle spoke regarding the item.

Moved by Deputy Mayor Preciado
Seconded by Mayor McCann
To adopt Resolution No. 2023-164, 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 5.8 heading:

RESOLUTION NO. 2023-164 OF THE CITY COUNCIL OF THE CITY OF CHULA

VISTA AMENDING THE INFRASTRUCTURE, FACILITIES, AND EQUIPMENT

EXPENDITURE PL AN AND APPROPRIATING MEASURE P FUNDS TO THE TRAFFIC SIGNAL MODIFICATIONS (TRF0408) CIP PROJECT (4/5 VOTE

REQUIRED)

5.10 Labor Relations: Consideration of Establishing a Healthcare Worker Minimum Wage
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Mayor McCann announced that Item 5.10 would be withdrawn due to the passage of California Senate Bill 525, Minimum wages: health care workers.

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

Mary Davis spoke regarding City neighborhoods and Harborside Park.

Alan C. spoke regarding the Brown Act and opioids.

John Acosta, Chula Vista resident, spoke regarding conflicts of interest.

Preston Barney, Chula Vista resident, offered prayers to the City Council.

Christine Brady, Chula Vista resident, spoke regarding mental health treatment.

Leticia Lares submitted written comments regarding Harborside Park.

Robert Johnson submitted written comments regarding speaker time limits.

David Marques submitted written comments regarding homelessness and afford able housing.

7. PUBLIC HEARINGS

7.1 HUD Entitlement Grants and Appropriation: Adopt a First Amendment to the U.S. Department of Housing and Urban Development Fiscal Year 2023/24 Annual Action Plan and Appropriate Funds
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.

Director of Housing and Homeless Services Kurz and Housing Manager Warwick gave a presentation on the item and responded to questions of the City Council.

Mayor McCann opened the public hearing.

Alan C. spoke regarding Section 8 housing.

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

City Clerk Bigelow announced that a revised resolution and staff report had been distributed to the City Council, and that action on the item would be with respect to the revised documents.

City Council discussion ensued.

Moved by Councilmember Gonzalez
Seconded by Mayor McCann
To adopt Resolution No. 2023-166, 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
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Result, Carried (5 to 0)
Item 7.1 heading:

RESOLUTION NO. 2023-166 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FIRST AMENDMENT TO THE 2023/24 UNITED

STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL ACTION PLAN AND APPROPRIATING F UNDS THEREFOR (4/5 VOTE

REQUIRED)

8. ACTION ITEMS

8.1 Grant Award & Agreements: Accept and Appropriate Grant Funds and Approve Grant Agreement, Increase Police Staffing and Approve Agreements with SANDAG for Theft Prevention Grant Program and Flock Group f or Automated License Plate Recognition Cameras
City Manager Kachadoorian, Police Chief Kennedy, Police Captain Foxx, and Police Lieutenant Giaime gave a presentation on the item and responded to questions from the City Council.

The following members of the public spoke in support of the item:
 Alan C.
 Tony Salamant, Chula Vista resident
 Mary Salas, Chula Vista resident
 Scott Vinson, Chula Vista resident
 David Oyos
 Jose Castillo, Chula Vista resident
 Maria Zadorozny, Chula Vista resident
 Maricris Drouaillet
 Jesse Navarro, Chula Vista resident
 Patricia Aguilar, Chula Vista resident
 Ann Marie Volkman
 Patty Chavez, Chula Vista resident

Terry Castillo, Chula Vista resident, submitted written comments in support of the item but did not wish to speak.

The following members of the public spoke in opposition to the item:
 Mary Davis
 Pedro Rios, Chula Vista resident
 Nick Paul, Chula Vista resident
 Nancy Relaford
 Maggie Baker, Chula Vista resident representing South Bay People Power

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The following members of the public submitted written comments in support of the item:
 Fred Rowbotham
 Michael
 Mike Jones
 Samson Leonard
 Jeff Mielke
 Dell Miller
 Alfonso Perdomo
 Shane Coleman
 Ryan Davies
 Jeremy Cabrera
 Hayden Harris
 Eduardo Gonzalez
 Neiva Perdomo
 Justin
 Carson
 Jayden Finch
 Anonymous
 Glenn I.
 Austin McNutt
 William Tabor
 Evan Linney
 Randi L.
 Eric Wood
 Adan Espinoza
 Cameron
 Jayne Tabor
 Adelle Munoz
 Francisco Pinedo
 Anissa Pinedo-Gallardo
 Sammi Gallardo
 David Bejarano
 Mike Tardy
 Audrey Verdone
 Vern Sallee
 Debbie Lechner
 Bob C.
 Marla Kingkade
 Tomas Valles
 Raul Flores, Jr.
 Jorge Rodriguez
 TK
 David Roberts
 LB
 Nameeta Sahni, Psy.d.
 Danine Mesker
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 Matt
 Ramirez
 Tyler Miller
 Sam F .
 Jill M Galvez
 Sergio
 Chris L
 Susie Murphy
 Michelle Macawili
 Maria Elena Galleher
 Louis M.
 Tatiana Burnett
 Matthew DeRosier
 Manuel
 Mike
 Donte
 Victor Galvez
 Camacho
 Walter Roberts
 Patricia Roberts
 Shin
 Jesus
 John Teevan
 J.
 Chris
 Kahl
 Inaam Ottersbach
 MF
 Joseph
 Denisse Alvarez
 Shannon Marie Shay
 Brian
 Mary Searock
 Paul M.
 Dominick B.
 Della Hathaway
 Ken S
 Greg Borunda
 Henry M
 Dan P
 Katie
 Brandon Martin
 Archer
 Taylor M
 Melissa M
 Dustin B
 Anthony O'Connor
 John E
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 Jacqui B
 Diana C E
 Diana B
 Bret B
 Diana R
 Christopher Kelley
 Bertha Munoz
 Jerilynn Miller
 Jeff Miller
 Henry M
 Alan A.
 Tiffany S
 Maria M
 Tiffany S
 Noelle R.
 Tony A
 Brittany A
 Chris M
 Matt Munts
 Tony Gutierrez
 Derrick R
 Mark M
 Cleophus Bronson
 Allison S
 Alma M
 Natalia M
 MGM
 Megan P
 Mario P
 Jordana P
 Gary T.
 Juan
 Anthony M.
 John A.
 Dameon
 Iliana Trujillo
 Vinit Jensen

The following members of the public submitted written comments in opposition to the item:
 Pedro Rios
 Angelica Ruiz
 Alex Romero
 Sara Kennedy
 Julie Ruble
 Sophia Rodriguez
 Kathy Hardy
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 Brianna Carignan
 Gisela Hernandez
 Andrew Buitron
 Julie Nguyen
 Margaret Baker
 Patricia Ruiz
 Natalia Von Hausen
 Patricia Mondragon
 Bertha Gutierrez
 Sara Mondragon
 Gaia Croston
 Vivian Marlene Dunbar
 Monica Santos
 Silvia S,
 Mandy Lien
 Adriana Jasso
 Al Julian
 Kimberly C. Ports
 Erin Tsurumoto Grassi
 Kathy Tell
 Homayra Yusufi
 Benjamin Prado
 Daniela
 Asma Abdi
 Nadia Galash
 Lucky
 Nancy Relaford
 Nicholas Paul
 Meena K.
 Lois Katherine Klepin
 Francis X. Riley

City Council discussion ensued.

Moved by Mayor McCann
Seconded by Councilmember Gonzalez
To adopt Resolution Nos. 2023-167 through 2023-169, 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)
Item 8.1 headings:

A) RESOLUTION NO. 2023 -167 OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA ACCEPTING A GRANT FROM THE BOARD OF STATE AND

COMMUNITY CORRECTIONS, ADDING ONE POLICE AGENT TO THE
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AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
B) RESOLUTION NO. 2023 -168 OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA APPROVING AN AGREEMENT WITH THE SAN DIEGO

ASSOCIATION OF GOVERNMENTS FOR THE ORGANIZED RETAIL THEFT

PREVENTION GRANT PROGRAM
C) RESOLUTION NO. 2023 -169 OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND APPROVING AN AGREEMENT WITH FLOCK GROUP , INC. FOR LICENSE

PLATE RECOGNITION HARDWARE AND SOFTWARE FOR THE ORGANIZED

RETAIL THEFT PREVENTION GRANT PROGRAM
Mayor McCann recessed the meeting at 7:59 p.m. The City Council reconvened at 8:14 p.m., with all members present.

9. CITY MANAGER’S REPORTS
Deputy Director of Community Services Whatley spoke regarding the grant award of $19.4 million from the Building Forward Libr ary Infrastructure program to address critical maintenance, improve energy efficiencies, extend digital access, and expand physical access to the City's libraries.

City Manager Kachadoorian spoke regarding the Smart Meter program.

9.1 Report on Elite Athlete Training Center Naming Rights Approval Brian Melekian, President and COO of the Chula Vista Elite Training Center, spoke regarding the item.

10. MAYOR’S REPORTS
Mayor McCann spoke regarding the people of Israel.

City Council discussion ensued.

10.1 Ratification of Appointments to the Following Commissions:

Board of Library Trustees
-James Moffatt

Human Relations Commission
-Sandra Hodge

Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To ratify the above appointment of James Moffatt to the Board of Library Trustees and Sandra Hodge to the Human Relations Commission.

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

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11. COUNCILMEMBERS’ COMMENTS
Councilmember Chavez, spoke regarding her attendance at the San Diego Regional Chamber of Commerce 2023 Binational Delegation and the inaugural route for the Rapid 227. She also spoke in support of Breast Cancer Awareness Month.

At the request of Councilmember Chavez, there was a consensus of the City Council to illuminate City Hall in pink during October for Breast Cancer Awareness.

At the request of Deputy Mayor Preciado there was a consensus of the City Council to add an item to the next City C ouncil agenda to provide updates on the work of the ad hoc subcommittees on economic development and campaign contributions.

At the request of Deputy Mayor Preciado, there was a consensus of the City Council to add an item to the next City Council agenda similar to item 13.2 on that agenda.

At the request of Councilmember Cardenas, there was a consensus of a majority of the City Council to add an item to a future City Council meeting on updates on the tenant protection ordinance and related changes to state law. Mayor McCann stated he would abstain from voting on the referral due to potential property-related conflict of interest.

12. CITY ATTORNEY'S REPORTS
There were none.

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 convene in closed session to discuss the items listed below.

Mayor McCann recessed the meet ing at 9:37 p.m. The Council convened in Closed Session at 9:45 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: City of Chula Vista v. Lex ington Insurance Co., San Diego Superior Court, Case No. 37-2023-00005462-CU-BC-CTL
Action: No Reportable Action
B) Name of case: Michael Donohue v. City of Chula Vista, San Diego Superior Court, Case No. 37-2022-00021242-CU-PA-CTL
Action: Settlement approved pending final terms

13.2 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6
Agency designated representatives: Maria Kachadoorian, Tiffany Allen, Courtney Chase, Tanya Tomlinson, Sarah Schoen, and Edward Prendell

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Employee organization: ACE, IAFF, NIAF, MM/PR, POA, WCE, and unrepresented employees.

Item not discussed.

14. ADJOURNMENT
The meeting was adjourned at 10:00 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk

_________________________
Kerry K. Bigelow, MMC, City Clerk