City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
November 14, 2023, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, Mayor McCann
Absent: Councilmember Cardenas
Also Present: Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; Assistant City Manager Allen; 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 7.1 which was heard after Special Orders. _____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:04 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 Presentation of a Proclamation to Veterans of Chula Vista Proclaiming November 2023 as Veteran's Month in the City of Chula Vista Mayor McCann read the proclamation and presented it to local veterans.
4.2 Presentation of a Procla mation Honoring Nicolette Luna for Being Recognized as National College Reporter of the Year by Associated Collegiate Press
Mayor McCann read the proclamation and Councilmember Chavez presented it to Nicolette Luna.
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4.3 Presentation of a Proclamation Recog nizing Merly Leilani Ortiz for Placing 11th Among Top Karate Athletes in South America, 2nd in Her Age Group, and 6th Overall in the United States
Mayor McCann read the proclamation and Councilmember Gonzalez presented it to Merly Leilani Ortiz.
4.4 Presentation of a Proclamation to Tracy Mueller -Gibbs Proclaiming November 2023 as Family Court Awareness Month in the City of Chula Vista Mayor McCann read the proclamation.
5. CONSENT CALENDAR (Items 5.1 through 5.7)
Items 5.2 and 5.4 through 5.7 were removed from the Consent Calendar at the request of members of the public.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To approve the recommended actions appearing below consent calendar Items 5.1 and
5.3. The headings were read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
5.1 Approval of Meeting Minutes
Approval of the minutes dated: October 24, 2023.
5.3 Consideration of Requests for Excused Absences
Consideration of requests for excused absences. No requests were received for that meeting.
ITEMS REMOVED FROM THE CONSENT CALENDAR
5.2 Waive Reading of Text of Resolutions and Ordinances Mark spoke in opposition to the item.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
.
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5.4 Agreement: Approve an Agreement with Selectron Technologies, Inc. for Interactive Voice Response Services for Building Inspection Scheduling Mark spoke in opposition to the item.
Development Services Director Black spoke regarding the item.
Moved by Deputy Mayor Preciado
Seconded by Mayor McCann
To adopt Resolution No. 2023-178, the heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 5.4 heading:
RESOLUTION NO. 2023-178 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND SELECTRON TECHNOLOGIES, INC. FOR BUILDING INSPECTION SERVICES FOR
PROVISION OF INTERACTIVE VOICE RESPONSE SERVICES, TO INCLUDE
SOFTWARE UPGRADE, LIC ENSING, SUPPORT, AND MAINTENANCE
SERVICES
5.5 Agreement: Approve Modifications to the Agreement with the San Diego Association of Governments for the Proposition 64 Public Health and Safety Grant Program
The following members of the public spoke in opposition to the item:
Alan C.
John Acosta, Chula Vista resident
Mark
Paul Henkin submitted written comments expressing a neutral position on the item.
Police Captain Peak spoke regarding the item.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-179, the heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
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Item 5.5 heading:
RESOLUTION NO. 2023-179 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A MODIFIED AGREEMENT WITH SAN DIEGO
ASSOCIATION OF GOVERNMENTS FOR THE PROPOSITION 64 PUBLIC
HEALTH AND SAFETY GRANT PROGRAM
5.6 Agreements: Amendments to Twenty On -Call Development and Housing Related Consultant Services Agreements
The following members of the public spoke in opposition to the item:
Alan C.
John Acosta, Chula Vista resident
Consuelo
Development Services Director Black spoke regarding the item.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-180, the heading was read, text was waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 5.6 heading:
RESOLUTION NO. 2023-180 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN EXTENSION OF TIME BETWEEN THE CITY AND
TWENTY CONSULTANTS TO PROVIDE ON- CALL PROFESSIONAL SERVICES
FOR CIVIL ENGINEERING, CONSTRUCTION COST AUDIT, FISCAL ANALYSIS,
HOUSING, LANDSCAPE ARCHITECTURE AND PLANNING SERVICES
5.7 Agreement: Approve the Fourth Amendment to the Legal Services Agreement with Colantuono, Highsmith & Whatley, PC to Provide Legal Services Related to Local Gaming Operation Issues
John Acosta, Chula Vista resident, spoke in opposition to the item.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To adopt Resolution No. 2023-181, the heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
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Item 5.7 heading:
RESOLUTION NO. 2023-181 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FOURTH AMENDMENT TO THE LEGAL SERVICES
AGREEMENT FOR LEGAL SERVICES RELATED TO GAMING OPERATIONS
BETWEEN THE CITY AND COLANTUONO, HIGHSMITH & WHATLEY , PC Mayor McCann recessed the meeting at 6:19 p.m. The City Council reconvened at 6:33 p.m., with all members present.
6. PUBLIC COMMENTS
Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance.
The following members of the public spoke regarding issues related to homelessness:
Harold DeMoss, Chula Vista resident
Brandon Claypool
Alan C. spoke regarding matters related to the COVID pandemic.
Henry Sanchez, Chula Vista resident, spoke regarding a fee waiver for the use of City parks.
Jerry Potts spoke regarding signage warning of the potential heat injuries to children and animals in parked cars.
Cheryl spoke regarding lighting City Hall in support of Israel and in support of removing Councilmember Cardenas from SANDAG.
The following members of the public spoke in support of Councilmember Cardenas resigning from her position:
Estela Stachowitz
Lillie Hebert, Chula Vista resident
John Acosta, Chula Vista resident
Paul Henkin
Martha Souza, Chula Vista resident
Gina E., and she spoke regarding other matters
Leticia L., and she spoke in support of reopening Harborside Park
The following members of the public spoke regarding various issues. Mark
Consuelo
Juan Celaya, Chula Vista resident
Preston Barney
Jose Hector Diaz, Chula Vista resident
Robert Johnson
Laura
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Elizabeth Schuette, Chula Vista resident, spoke and submitted written comments regarding Veteran's Day events.
At the request of Mayor McCann, there was a consensus of the City Council to make a referral to the City Manager to reserve Memorial Park on November 11 for Veteran's Day events.
Delia Dominguez C ervantes, Chula Vista resident, spoke regarding park use and in support of the City Council censuring Councilmember Cardenas.
Juan Celaya, Chula Vista resident, submitted written comments in support of the City Council's consideration of a proclamation.
The following members of the public submitted written comments in support of Councilmember Cardenas resigning from her position:
Andres Wong
J Florendo
Robert Johnson submitted written comments.
Mayor McCann recessed the meeting at 7:18 p.m. The Council reconvened at 7:32 p.m., with all members present.
7. PUBLIC HEARINGS
7.1 Gaming Operations: Amend Chula Vista Municipal Code Chapter 5.20 and the Chula Vista Gaming Plan to Authorize an Existing Licensee to Hold More Than Two City Licenses, Subject to the Ma ximum Number of Licenses Allowed by Law
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.
Deputy City Manager Crockett spoke regarding the item.
Mayor McCann opened the public hearing.
The following members of the public spoke in opposition to the staff's recommendation:
John Acosta, Chula Vista resident
Paul Henkin
Alan C.
There being no further members of the public who wished to speak, Mayor McCann closed the public hearing.
City Council discussion ensued.
Moved by Councilmember Gonzalez
Seconded by Mayor McCann
To adopt Resolution No. 2023-182 and place the below ordinance on first reading, the headings were read, text waived. The motion was carried by the following vote:
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Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 7.1 headings:
RESOLUTION NO. 2023-182 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GAMING PLAN TO
AUTHORIZE LICENSEES TO HOLD MORE THAN TWO CITY LICENSES,
SUBJECT TO THE MAXIMUM NUMBER OF CITY LICENSES ALLOWED BY LAW
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 5.20.035 TO AUT HORIZE A LICENSEE TO HOLD
MORE THAN TWO CITY LICENSES, SUBJECT TO THE MAXIMUM NUMBER OF
CITY LICENSES ALLOWED BY LAW (FIRST READING)
7.2 Objective Design Standards: Amend the Municipal Code to Adopt the Objective Design Standards for Housing and Mixed -Use Projects to Comply with State Laws
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.
Senior Planner Mallec gave a presentation on the item.
Mayor McCann opened the public hearing.
The following members of the public spoke in opposition to the staff's recommendation:
Mark
Alan C.
Delia Dominguez Cervantes
Consuelo
Robert Johnson
Paul Henkin
There being no further members of the public who wish ed to speak, Mayor McCann closed the public hearing.
City Council discussion ensued.
Development Services Director Black responded to questions from the City Council.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Gonzalez
To place the below ordinance on first reading, the heading was read, text waived.
The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
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Item 7.2 heading
ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE SECTION 19.58.460 TO ADOPT OBJECTIVE DESIGN
STANDARDS FOR MULTI-FAMILY RESIDENTIAL AND MIXED-USE PROJECTS
TO COMPLY WITH STATE HOUSING LAWS (FIRST READING)
8. ACTION ITEMS
8.1 Contract Amendment: Approve an Amendment to the Contract with the Board of Administration and CalPERS for Local 2180 International Association of Fire Fighters Classic Members to Make an Additional Contribution Pursuant to Government Code Section 20516
Assistant Human Resour ces Director Tomlinson gave a presentation on the item and responded to questions from the City Council.
The following members of the public spoke in opposition to the item:
Alan C.
Mark
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-183 and place the below ordinance on first reading, the headings were read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 8.1 headings:
RESOLUTION NO. 2023 -183 OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TO APPROVE AN AMENDMENT TO THE CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY OF CHULA VISTA TO
PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE LOCAL 2180 LOCAL INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS OF ONE PERCENT OF SALARY
EFFECTIVE JANUARY 12, 2024
ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE AMENDMENT
TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT
SYSTEM TO PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE 2180 INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS OF ONE PERCENT OF SALARY
EFFECTIVE JANUARY 12, 2024 (FIRST READING)
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9. CITY MANAGER’S REPORTS
There were none.
10. MAYOR’S REPORTS
Mayor McCann recognized the Police Department and Chula Vista residents for their response to a recent shooting at Otay Ranch Town Center.
Mayor McCann spoke regarding his attendance at the following recent events: the Dia de Los Muertos festival, a Roarin g Lions Club visit, and the lighting of City Hall in support of Israel.
11. COUNCILMEMBERS’ COMMENTS
Deputy Mayor Preciado spoke regarding his attendance at the lighting of City Hall in support of Israel and the District 2 newsletter.
Councilmember Chavez spoke regarding her attendance at the following recent events:
the Metropolitan Transit Systems Board meeting, the SANDAG board meeting, and a Roaring Lions Club visit.
Councilmember Gonzalez thanked the Southwestern College staff and trustees for their study of collegiate-level needs for the City of Chula Vista and the South Bay region.
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 meeting at 9:08 p.m. The Council convened in cl osed session at 9:15 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: Estate of Oral Nunis, Sr., et al v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-DEB Action: No Reportable Action
B) Name of Case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-17713-CU-MC-CTL
Action: No Reportable Action
C) Name of Case: John Hend rix, et al. v. J -M Manufacturing Company, Inc., DBA Eagle; United States Court of Appeals, 9th Circuit; Case No. 21-56276 Action: No Reportable Action
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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 Employee organization: ACE, IAFF, NIAF, MM/PR, POA, WCE, and unrepresented employees.
Action: No Reportable Action
14. ADJOURNMENT
The meeting was adjourned at 10:08 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk