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HomeMy WebLinkAboutcc min 2023/01/17 DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 City of Chula Vista Regular Meeting of the City Council Meeting Minutes January 17, 2023, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, Mayor McCann Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk 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 Public Comments which were heard prior to and after Item 6.2 which was time certain, and heard at 6 p.m. 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:09 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 Councilmember Chavez led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation to Senior Electronics Technician Olric Forde in Recognition of His Retirement and 23 Years of Service With the City of Chula Vista Item 4.1 was not heard. DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 2023-01-17 City Council Regular Meeting Minutes 5. CONSENT CALENDAR (Items 5.1 through 5.7) Item 5.5 was removed from the consent calendar by a member of the public. Moved by Deputy Mayor Preciado Seconded by Mayor McCann To approve the recommended actions appearing below consent calendar Items 5.1 through 5.4 and Items 5.6 through 5.7. The headings were read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) 5.1 Approval of Meeting Minutes Approve the minutes dated: December 20, 2022 5.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Consideration of Request for Excused Absences Consideration of requests for excused absences. No requests were received for that meeting. 5.4 Massage Regulation: Consider Repealing Chula Vista Municipal Code Chapter 5.36, Massage Parlors and Holistic Health Practitioners, and Replacing it with Chapter 5.36, Massage Regulation (Second Reading) Adopt an ordinance repealing Chula Vista Municipal Code Chapter 5.36, Massage Parlors and Holistic Health Practitioners, and replace it with the proposed new version of Chapter 5.36, Massage Regulation (Second Reading and Adoption) Item 5.4 heading: ORDINANCE NO. 3541 OF THE CITY OF CHULA VISTA REPEALING CHAPTER 5.36, MASSAGE PARLORS AND HOLISTIC HEALTH PRACTITIONER BUSINESS, AND REPLACING IT WITH CHAPTER 5.36, MASSAGE REGULATION (SECOND READING AND ADOPTION) 5.6 Agreement Extension: Approve an Amendment to Extend the Alternative Dispute Resolution Agreement Between the City and the Chula Vista Police Officer's Association Adopt a resolution approving an amendment to extend the Alternative Dispute Resolution Agreement between the City of Chula Vista and the Chula Vista Police Officer's Association for an additional year. Page 2 DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 2023-01-17 City Council Regular Meeting Minutes Item 5.6 heading: RESOLUTION NO 2023-003 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXTENSION TO THE ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER'S ASSOCIATION 5.7 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 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 grant-related documents and grant activities. Item 5.7 heading: RESOLUTION NO 2023-004 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF SAN DIEGO TO SUBMIT A COLLABORATIVE REGIONAL GRANT APPLICATION FOR LOCAL GOVERNMENT WASTE TIRE ENFORCEMENT, EXECUTE GRANT-RELATED DOCUMENTS, AND CONDUCT RELATED ACTIVITIES ITEM REMOVED FROM THE CONSENT CALENDAR 5.5 Grant Application and Appropriation: Authorize Submittal of a State of California Permanent Local Housing Allocation (PLHA) Grant Application, Approve an Amended Plan for Homeless-Related Services, and Appropriate Funds Alan C, Chula Vista resident, expressed concerns related to homelessness. Moved by Deputy Mayor Preciado Seconded by Councilmember Cardenas To adopt Resolution Nos. 2023-001 and 2023-002, headings read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Item 5.5 headings: A) RESOLUTION NO 2023-001 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM B) RESOLUTION NO 2023-002 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM GRANT FUNDS (4/5 VOTE REQUIRED) Page 3 DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 2023-01-17 City Council Regular Meeting Minutes 6. PUBLIC COMMENTS Jose Puga, representing Teamsters Local 683, distributed written communications and spoke regarding MTS employment conditions. Charles Lovekin, Chula Vista resident, expressed concern regarding homelessness. John Acosta, Chula Vista resident, spoke regarding Councilmembers interacting with their districts. Joe Magares spoke in support of the Council prioritizing the Asian Pacific American cultural corridor. Lillie Herbert, Chula Vista resident, spoke in support of trash service assistance for disabled persons in the City. Mayor McCann referred the matter to the City Manager. Cheryl Perez expressed concern regarding the District 3 City Councilmember vacancy being filled by appointment. Mary D spoke in support of allowing clapping during City Council meetings and in opposition to the SANDAG mileage tax. Adan Cardoza, Chula Vista resident, spoke in opposition to the SANDAG mileage tax and expressed concern regarding increasing rents. Char D' Ambrosia expressed concern regarding public transportation and unfinished construction. The following members of the public spoke in opposition to the SANDAG mileage tax and in support of the Mayor serving on the SANDAG board: • Barbara • Bibian Harrison, Chula Vista resident The following members of the public spoke in opposition to the SANDAG mileage tax: • Connie Milligan, Chula Vista resident • Delia Cervantes, Chula Vista resident • Anna • Alan C • Marianna Saporara, Chula Vista resident • Eli Kornai • Noemi Abrego, Chula Vista resident • Cindy D. The following members of the public submitted a request to speak but were not present when called upon: • Olivia Garcia • Katie Leon Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance. Page 4 DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 2023-01-17 City Council Regular Meeting Minutes Mayor McCann recessed the meeting at 5:57 p.m. The Council reconvened at 6:10 p.m., with all members present. 7. BOARD AND COMMISSION REPORTS 7.1 Commission on Aging Final Report of Activities through January 5, 2023 Commission on Aging Chair Persichelli gave a report on the item. 8. PUBLIC HEARINGS 8.1 Development Agreement: Approve the Second Amendment to the Otay Ranch Eastern Urban Center Development Agreement Between the City of Chula Vista and McMillin Otay Ranch, LLC 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. Special Projects Manager Evans gave a presentation on the item. Mayor McCann opened the public hearing. There being no members of the public who wished to speak, Mayor McCann closed the public hearing. Todd Galarneau thanked staff and spoke in support of the project. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To place the ordinance on first reading, heading was read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Item 8.1 heading: ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OTAY RANCH, LLC. (FIRST READING) Mayor McCann recessed the meeting at 7:53 p.m. The Council reconvened at 8:05 p.m., with all members present. 8.2 Zoning Administrator Appeal: US Super Gas, Inc. Conditional Use Permit for the Sale of Alcohol at 1495 Melrose Avenue 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. City Attorney Googins provided information on the proceedings and advised the City Council to disclose all ex parte communications regarding the item. Councilmembers reported the following ex parte communications: • Mayor McCann stated that he had a phone conversation with David Bejarano, representing the applicant, in support of granting U.S. Super Gas the conditional use permit. Page 5 DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 2023-01-17 City Council Regular Meeting Minutes • Deputy Mayor Preciado stated that he had a phone conversation with Marco Polo Cortes, representing the applicant, in support of granting U.S. Super Gas the conditional use permit. • Councilmember Chavez reported no ex parte communications. • Councilmember Cardenas stated that she received an email from Marco Polo Cortes, representing the applicant, in support of granting U.S. Super Gas the conditional use permit and provided the communication to the City Clerk. City Clerk Bigelow stated the email had been forwarded to the City Council and would be added to the record. Planning Manager Phillips gave a presentation on the item and responded to questions of the City Council. Outside counsel, Kevin Sullivan, spoke regarding the process for the item. Mayor McCann opened the public hearing. Marco Polo Cortes and David Bejarano, representing the applicant, gave a presentation and spoke in support of the U.S. Super Gas being granted the conditional use permit. Alan C. spoke in support of U.S. Super Gas being granted the conditional use permit. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Planning Manager Phillips responded to comments made by the applicant. Outside counsel, Kevin Sullivan, spoke regarding the City Council's options to take action on the item. City Council discussion ensued. Moved by Councilmember Cardenas Seconded by Councilmember Chavez To overturn the Zoning Administrator decision to deny the project and to direct staff to return at a future City Council meeting with a resolution with appropriate findings supporting approval of the project with appropriate conditions. Yes (3): Councilmember Cardenas, Councilmember Chavez, and Deputy Mayor Preciado No (1): Mayor McCann Result, Carried (3 to 1) 9. ACTION ITEMS 9.1 District 3 City Councilmember Vacancy: Nominate Applicants to be Interviewed, Determine a Date and Time to Conduct the Interviews, and Potentially Take Related Action Regarding Procedures for Interviews and Nominations City Clerk Bigelow gave a presentation on the item. Page 6 DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 2023-01-17 City Council Regular Meeting Minutes Eli Komai, spoke regarding the process for filling the vacancy and in support of as many applicants as possible being interviewed. John Acosta, Chula Vista resident, spoke in support of the appointed member reflecting the community. The following members of the public expressed interest in being considered for the appointment: • Doug Wolf, Chula Vista resident • Sophia Rodriguez, Chula Vista resident • Victor Lopez, Chula Vista resident • David Diaz, Chula Vista resident The following members of the public spoke in support of Nimpa Akana. • Noraliza A. Rodriguez, who also spoke on behalf of Patricia O'Mara, former Deputy District Attorney • Arlene Subarich, who also spoke on behalf of Edna Concepcion • Zulema Maldonado, Chula Vista resident • Diana Marjip Chu • Michael Gorski, Chula Vista resident • Joe Magares • Michael McCabe, Chula Vista resident Alan C. spoke in support of selecting the best applicant for the position. Vic Bianes, Bonita resident, spoke on behalf of Dan Hom representing Focuscom Inc., spoke regarding diversity on the City Council. Kathy N., Chula Vista resident, spoke in support of interviewing all applicants. Cheryl Perez spoke in support of all applicants being interviewed and in support of Nimpa Akana and Tanya Williams. Mary Davis spoke in support of all applicants being interviewed and of a bi-partisan appointment. Delia Dominguez Cervantes, Chula Vista resident, spoke in support of all applicants being interviewed and of non-partisan consideration of applicants. The following members of the public spoke in support of David Diaz: • Veronica Ferguson, Chula Vista resident • Henrietta Paramo, Chula Vista resident Anna spoke in opposition to the vacancy being filled by City Council appointment and in support of all applicants being interviewed. Council discussion ensued. City Clerk distributed and collected the nomination forms. Page 7 DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 2023-01-17 City Council Regular Meeting Minutes Mayor McCann recessed the meeting at 9:38 p.m. The Council reconvened at 9:52 p.m., with all members present. City Clerk Bigelow displayed the nominations and announced the list of finalists based on the tally of nomination forms. Moved by Mayor McCann Seconded by Councilmember Cardenas To ratify the nominations of the following applicants: Nimpa Akana, Devonna Almagro, Griselda Delgado, David Diaz, Ghio Gian, Alonso Gonzalez, Victor Lopez, Daniel Rice Vasquez, Sophia Rodriguez, and Tanya Williams. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) City Clerk Analyst Hernandez gave a presentation on the interview process. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To conduct interviews to fill the vacancy at the next regularly scheduled City Council meeting, January 24, 2023, at 5 p.m. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) City Clerk Bigelow gave a presentation regarding related actions. Council discussion ensued. There was a consensus of the City Council on the following matters: • Each City Councilmember would ask two questions, for a total of eight questions; the same eight questions would be asked of all candidates. • Finalists must be physically present to be interviewed and qualified for consideration. • Interviews would be 20 minutes long, consisting of the candidate's opening statement (up to three minutes), questions from the Council and responses by the candidate, and a closing statement by the candidate (up to two minutes). • Out of respect for the interview process, all finalists would be asked to wait in the main City Hall lobby until their interview. Page 8 DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 2023-01-17 City Council Regular Meeting Minutes • The City Council intended to make the appointment at the meeting on January 24 and the newly appointed Councilmember would immediately take their oath of office. • A similar process to the 2015 City Council appointment process would be used to nominate finalists for appointment: The Mayor and all City Councilmembers, in seniority order, would have the opportunity to make a motion and request a second. Each such nomination would be held without action until each City Councilmember had the opportunity to make a nomination. The nominations would be taken up for a vote in the same seniority-based order. If a motion failed, the next motion in rotation would be voted upon. If none of the initial motions received three or more votes, the rotation of making a nomination again would begin in the same seniority order; provided, however, that after the first round of nominations, any motion for an appointment that received a second would be immediate voted upon. 10. CITY MANAGER'S REPORTS City Manager Kachadoorian recognized Public Works for their response to the recent rainstorms. 11. MAYOR'S REPORTS 11.1 Appointment of City Councilmembers to Outside Agencies Moved by Mayor McCann Seconded by Deputy Mayor Preciado To make the following appointments to outside agencies, as presented by Mayor McCann. The motion carried by the following vote: Mayor McCann: Metropolitan Transit System Board of Directors (MTS) — Member (Mayor), Chula Vista Bayfront Facilities Financing Authority Board of Directors — Member, Chula Vista University Subcommittee — Member (internal subcommittee of the Council), University Project Task Force with Southwestern College — Member, Chula Vista Veterans Home Support Foundation — Member, International Council for Local Environmental Initiatives (ICLEI) — Member, League of California Cities San Diego Division — Member, San Diego Community Power Authority — Member Councilmember Chavez: San Diego Association of Governments (SANDAL) Board of Directors — 1St Alternate, Metropolitan Transit System Board of Directors (MTS) — 2nd Member (Councilmember), South County Economic Development Council (EDC) — Member, Chula Vista Veterans Home Support Foundation — Alternate, League of California Cities San Diego Division — Alternate, Otay Ranch Preserve Owner Manager (POM) Policy Committee — Alternate, San Diego Community Power Authority—Alternate Page 9 DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 2023-01-17 City Council Regular Meeting Minutes Councilmember Preciado: San Diego Association of Governments (SANDAL) Board of Directors — 2nd Alternate, Interagency Water Task Force — Member, Metropolitan Wastewater Commission (Metro) — Member Councilmember District 3: Interagency Water Task Force — Member, Chula Vista University Subcommittee — Member (internal subcommittee of the Council), University Project Task Force with Southwestern College — Member, Otay Valley Regional Park (OVRP) Policy Committee — Alternate, Metropolitan Wastewater Commission (Metro) — Alternate, Otay Ranch Preserve Owner Manager (POM) Policy Committee — Member Councilmember Cardenas: San Diego Association of Governments (SANDAL) Board of Directors — Member, Metropolitan Transit System Board of Directors (MTS) — Alternate, Chula Vista Bayfront Facilities Financing Authority Board of Directors — Member, South County Economic Development Council (EDC) — Alternate, Otay Valley Regional Park (OVRP) Policy Committee — Member, International Council for Local Environmental Initiatives (ICLEI) —Alternate Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) 12. COUNCILMEMBERS' COMMENTS Councilmember Chavez spoke regarding her attendance at the recent promotion ceremony of the Chula Vista Police Department and she congratulated newly appointed Assistant Police Chief Collum on his promotion and for the recent recognition by the LGBTQ San Diego County News. Deputy Mayor Preciado thanked City staff for their continued attentiveness and responsiveness to his inquiries regarding City processes and procedures. Deputy Mayor Preciado spoke regarding homelessness in the City and in support of the Bridge Shelter. He also responded to public comments that had been made regarding SANDAG and a mileage tax. At the request of Councilmember Cardenas, there was a consensus of the City Council to direct staff to explore and return with options for the City to assist with the wage discrepancies sited in a recent letter from Teamsters Local 89. Page 10 DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 2023-01-17 City Council Regular Meeting Minutes 13. CITY ATTORNEY'S REPORTS 13.1 Discussion and Possible Action Regarding Appointment Process for an Interim/Acting City Attorney City Attorney Googins gave a presentation on the item and responded to questions of the Council. Moved by Mayor McCann Seconded by Councilmember Cardenas To appoint an ad-hoc committee consisting of Mayor McCann and Councilmember Chavez to implement the process recommended by City Attorney Googins to select a temporary interim/acting City Attorney. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) 14. 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. City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Councilmember Preciado spoke in support of scheduling a City Council briefing on existing litigation and other legal matters. Mayor McCann recessed the meeting at 11:02 p.m. The Council convened in Closed Session at 11:07 p.m., with all members present. 14.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of case: City of Imperial Beach, et al. v. The International Boundary & Water Commission-United States Section, United States District Court, Case No. 18-cv-0457 JM JLB Action: Pending Finalization of Settlement B) Name of case: CV Amalgamated LLC v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-33446-CU-MC-CTL Item not discussed C) Name of case: UL Chula Two LLC v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-41554-CU-MC-CTL Item not discussed Page 11 DocuSign Envelope ID:2D4AF700-72D2-4A27-BC8B-EA6E277D29A4 2023-01-17 City Council Regular Meeting Minutes D) Name of case: Chula Vista Cannabis Village Inc. v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-41802-CU-MC-CTL Item not discussed 15. ADJOURNMENT The meeting was adjourned at 11:14 p.m. Minutes prepared by: DocuSigned by:E1,Tyshar Turner, Assistant City Clerk cu � b,�x4mmry Y 3074D104EAF342E... Kerry K. Bigelow, MMC, City Clerk Page 12