City of Chula Vista
Regular City Council Meeting
MINUTES
December 12, 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
Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 5:02 p.m.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Councilmember Chavez.
4. SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation to June Bushfield in Honor of Her 100th Birthday
The proclamation was presented.
4.2 Presentation of the 2023 Starlight Parade Awards to the Winning Entries The awards were presented.
5. CONSENT CALENDAR (Items 5.1 through 5.8)
Items 5.3 through 5.5 were removed f rom the consent calendar at the request of a member of the public.
City Clerk Bigelow announced that a revised resolution for Item 5.7A had been distributed and that action on the item would be on the revised document.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To approve the recommended actions appearing below consent calendar Items 5.1, 5.2, and 5.6 through 5.8. The headings were read, text waived. The motion was carried by the following vote:
2023-12-12 City Council Regular Meeting Minutes
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
5.1 Approve Meeting Minutes
Approval of the minutes dated: December 5, 2023.
5.2 Waive Reading of Text of Resolutions and Ordinances Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting.
5.6 Agreement: Approve a Partial Assignment and Transfer Agreement Regarding the Construction of Park Obligations within Lot 19 of the Millenia Sectional Planning Area
Adopt a resolution approving a partial assignment and transfer of agreement regarding the construction of park obligations within Lot 19 located in the Millenia Sectional Planning Area (“SPA”) between Millenia 2022, LLC. and Millenia Lot 1 9 Owner, LLC., with the consent of the City of Chula Vista.
Item 5.6 heading:
RESOLUTION NO. 2023-201 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE PARTIAL ASSIGNMENT AND TRANSFER
AGREEMENT REGARDING CONSTRUCTION OF PARK OBLIGATIONS IN LOT 19 OF THE MILLENIA SECTIONAL PLANNING AREA BETWEEN MILLENIA 2022, LLC. AND MILLENIA LOT 19 OWNER, LLC., WITH CONSENT OF THE CITY OF
CHULA VISTA
5.7 Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Position Counts; Adopt Amendment to the Contract with Non -Safety IAFF; Revised Compensation Schedule; and Updated Conflict of Interest Code
Robert Johnson submitted written comments.
Adopt resolutions A through G and place Ordinance H on first reading:
A. Resolution amending the Classification Plan and Compensation Schedule to reflect (1) the addition and deletion of position titles and (2) salary adjustments for certain positions and amending the authorized position count in departments
B. Resolution approvin g an amendment to the Memorandum of Understanding (“MOU”) between the City and Non -Safety Local 2180, International Association of Fire Fighters, (“Non -Safety IAFF”) covering the period of July 11, 2023, to June 30, 2026
C. Resolution approving the revised Fi scal Year 2023 -2024 Compensation Schedule effective December 15, 2023, as required by the California Code of Regulations, Title 2, Section 570.5
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D. Resolution approving the revised Fiscal Year 2023 -2024 Compensation Schedule effective December 29, 2023, as re quired by the California Code of Regulations, Title 2, Section 570.5
E. Resolution approving the revised Fiscal Year 2023 -2024 Compensation Schedule effective January 12 2024, as required by the California Code of Regulations, Title 2, Section 570.5
F. Resolution amending the Fiscal Year 2023 -24 budget (4/5 Vote Required)
G. Resolution modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700)
H. Ordinance amending Chula Vista Municipal Code Section 2.05.010 adding the unclassified position of Animal Care Facility Administrator (First Reading) (4/5 Vote Required)
Item 5.7 headings:
A) RESOLUTION NO. 2023 -202 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE CLASSIFICATION PLAN AND COMPENSATION SCHEDULE TO (1) REFLECT THE ADDITION AND DELETION OF POSITION TITLES AND (2) SALARY ADJUSTMENTS FOR CERTAIN CLASSIFICATIONS
AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS
DEPARTMENTS
B) RESOLUTION NO. 2 023-203 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A FIRST AMENDMENT TO THE 2023 -2026
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND NON -SAFETY LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS
C) RESOLUTION NO. 2023 -204 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023 -24
COMPENSATION SCHEDULE EFFECTIVE DECEMBER 15, 2023, AS
REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
D) RESOLUTION NO. 2023 -205 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023 -24
COMPENSATION SCHEDULE EFFECTIVE DECEMBER 29, 2023, AS
REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
E) RESOLUTION NO. 2023 -206 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023 -24
COMPENSATION SCHEDULE EFFECTIVE JANUARY 12, 2024, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 F) RESOLUTION NO. 2023 -207 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023 - 24 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 2023-12-12 City Council Regular Meeting Minutes
G) RESOLUTION NO. 2023 -208 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF
INTEREST CODE TO AMEND THE LIST OF DESIGNATED FILERS, AND
ASSOCIATED DISCLOSURE CATEGORIES
H) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF ANIMAL CARE FACILITY ADMINISTRATOR (FIRST READING) (4/5
VOTE REQUIRED)
5.8 Grant Application: Approve a Joint Application with the City of San Diego for a Waste Tire Abatement Grant and Authorize the City of San Diego to Execute All Grant-Related Documents and Grant Activities for January 1, 2024 to December 31, 2029
Robert Johnson submitted written comments.
Adopt a resolution approving a joint application for grant funding for waste tire abatement up to $500,000 with the City of San Diego and authorizing the City of San Diego to execute all gran t-related documents and grant activities for the next five calendar years or until December 31, 2029.
Item 5.8 heading:
RESOLUTION NO. 2023-209 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE CITY OF SAN DIEGO TO SUBMIT A
COLLABORATIVE REGIO NAL GRANT APPLICATION FOR LOCAL
GOVERNMENT WASTE TIRE ENFORCEMENT, EXECUTE GRANT -RELATED
DOCUMENTS, AND CONDUCT RELATED ACTIVITIES ON ITS BEHALF FROM JANUARY 1, 2024 TO DECEMBER 31, 2029.
ITEMS REMOVED FROM THE CONSENT CALENDAR
5.3 Consider Requests for Excused Absences
John Acosta, Chula Vista resident, spoke regarding the item.
Consideration of requests for excused absences. No requests were received for that meeting.
5.4 Public Participation: Adopt an Ordinance to Amend the Chula Vista Municipal Code to Revise and Implement Regulations for the Orderly Conduct of Public Meetings
The following members of the public spoke in opposition to the item:
Alan C.
John Acosta, Chula Vista resident
Mark
Paul Henkin
Mitchell Bennett
Consuelo
Robert Johnson submitted written comments.
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Moved by Deputy Mayor Preciado
Seconded by Councilmember Gonzalez
Place the ordinance on first reading as amended to allow members of the public three minutes to speak on agenda items not on the consent calendar and to revise subsection 2.04.330(B)(7) to read “Addressing staff members or individual Councilmembers directly rather than the Council as a whole during the public comment period.” The heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, and Deputy Mayor Preciado
No (1): Mayor McCann
Result, Carried (4 to 1)
Item 5.4 heading:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS OF CHAPTER 2.04 (CITY COUNCIL MEETINGS) OF THE CHULA VISTA MUNICIPAL
CODE REGARDING COMMUNICATION WITH COUNCIL AND DISRUPTIVE
CONDUCT DURING COUNCIL MEETINGS (FIRST READING)
5.5 Master Agreement: Approve the Zoll One Program Master Agreement for the Lease and Service of Cardiac Monitors and Associated Medical Equipment John Acosta, Chula Vista resident, spoke regarding the item.
Robert Johnson submitted written comments.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-200, 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 5.5 heading:
RESOLUTION NO. 2023-200 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE ZOLL ONE PROGRAM MASTER AGREEMENT
BETWEEN THE CITY AND ZOLL MEDICAL CORPORATION AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
6. PUBLIC COMMENTS
The following members of the public spoke regarding SANDAG:
Alan C.
Delia Dominguez Cervantes
Sandra Hodge, Chula Vista resident
2023-12-12 City Council Regular Meeting Minutes
Mariana Saponara, Chula Vista resident, representing Nacion Avenue Crusaders, spoke regarding traffic in the area of Nacion Avenue.
The following members of the public spoke regarding homelessness:
John Fischer
Brandon Claypool
Carolina Ramirez
Leticia Lares, Chula Vista resident
Roberto E. Ruiz, Chula Vista resident
Joseph Raso, Chula Vista resident
The following members of the public spoke regarding public speaking rules:
Mark
Delfina Gonzalez, Chula Vista resident
The following members of the public spoke regarding various matters:
John Acosta, Chula Vista resident
Consuelo
Paul Henkin
Mitchell Bennett
Cindy D.
Char 'Dambrosia
Robert Johnson submitted written comments.
Leticia submitted written comments in support of a dog park in the Castle Park/Harborside Community.
At the request of Deputy Mayor Preciado, there was a consensus of the City Council to add an item to a future agenda for staff to provide an update, and the City Council discuss the SR-125.
The meeting was recessed at 7:00 p.m. and resumed at 7:11 p.m.
7. PUBLIC HEARINGS
7.1 Vacation of Street: Approve a Summary Vacation of a Portion of Lagoon Drive (F Street) West of Marina Parkway
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.
Mayor McCann opened the public hearing.
Robert Johnson submitted written comments.
There being no members of the public who wished to speak, Mayor McCann closed the public hearing.
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Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-210, 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. 2023-210 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA SUMMARILY VACATING A PORTION OF LAGOON DRIVE (F STREET)
WEST OF MARINA PARKWAY
8. ACTION ITEMS
8.1 Housing Policy Update: Report on Implementation of the Chula Vista Residential Tenant Protection Ordinance, CVMC Chapter 9.65, and Impacts of Recently Adopted California Senate Bill 567
Mayor McCann stated he would abstain from voting on the item due to a potential property-related conflict of interest. He left the dais during the discussion on the item.
Director of Housing and Homeless Services Kurz, Management Analyst Rodriguez, and Assistant City Attorney McClurg gave a presentation on the item.
The following members o f the public expressed concern regarding the tenant protection ordinance.
Joseph Raso, Chula Vista resident, and he provided recommendations Alan C.
Mark
Paul Henkin
Consuelo
Robert Johnson submitted written comments.
8.2 Park Update: Harborside Park – Update on Actions to Date and Analysis of the Potential for the Development of Housing and a Recreation Center on the
5.21-Acre Site
Development Services Director Black gave a presentation on the item.
The following members of the public in support of reopening Harborside Park:
Delia Dominguez Cervantes
Sandra Hodge, Chula Vista resident, and she spoke on behalf of David Hodge
Anna Renwick, Chula Vista resident
Rudy Ramirez, Chula Vista resident
Marianna Saponara, Chula Vista resident
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Delfina Gonzalez, Chula Vista resident
Jan Buddingh, Chula Vista resident
John Acosta, Chula Vista resident
Mark and he spoke regarding various other matters
Lillie Hebert, Chula Vista resident
Estela Stachowitz, Chula Vista resident
Olivia Garcia, Chula Vista resident
Cheryl
Roberto Ruiz, Chula Vista resident
Stephanie Rojas
Carolina Ramirez
Roberto, Chula Vista resident, and he spoke on behalf of Sylvia Medina Alan C. and he spoke on behalf of Shar
Consuelo
Cindy
Leticia Lares, Chula Vista resident
Paul Henkin
Melody Hurt, Chula Vista resident
The following members of the public submitted written comments in support of reopening Harborside Park:
Cindy
Concerned Resident
Jerome O. Torres
Yovanna Comacho
Robert Johnson
Leticia Lares
There was a consensus of the City Council to direct staff to return to the City Council with a proposed action to reopen Harborside Park.
8.3 Eucalyptus Park: Amend Fiscal Year 2023 -24 Capital Improvement Program Budget and Reallocate American Rescue Plan Act Funds from Telegraph Canyon Culvert Re pair Project to Eucalyptus Park Improvement Project for Improvements to Existing Park Amenities
Mayor McCann stated he would abstain from voting on the item due to a potential property-related conflict of interest. He left the dais during the discussion an d voting on the item.
Development Services Director Black gave a presentation on the item and responded to questions from the City Council.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To adopt Resolution No. 2023-211, the heading was read, text waived. The motion was carried by the following vote:
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Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, and Deputy Mayor Preciado
Abstain (1): Mayor McCann
Result, Carried (4 to 0)
Item 8.3 heading:
RESOLUTION NO. 2023-211 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM
BUDGET AND THE AMERICAN RESCUE PLAN ACT SPENDING PLAN TO REALLOCATE FUNDS FOR EUCALYPTUS PARK IMPROVEMENTS (4/5 VOTE
REQUIRED)
9. CITY MANAGER’S REPORTS
9.1 Special Events Referral Update
Communications Manager Clock gave a presentation on the item.
Robert Johnson submitted written comments.
10. MAYOR’S REPORTS
Mayor McCann reported on attendance at recent events and made community announcements.
10.1 Appointments to the Following Boards and Commissions:
Robert Johnson submitted written comments.
Board of Ethics
- Leslie Hurst
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To ratify the appointment of Leslie Hurst to the Board of Ethics. 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)
Veterans Advisory Commission
- Anthony Stewart
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To ratify the appointment of Anthony Stewart to the Veterans Advisory Commission.
The motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann
2023-12-12 City Council Regular Meeting Minutes
Result, Carried (5 to 0)
11. COUNCILMEMBERS’ COMMENTS
Councilmembers reported on attendance at recent events and made community announcements.
12. CITY ATTORNEY'S REPORTS
There were none.
13. ADJOURNMENT
The meeting was adjourned at 11:01 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk