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HomeMy WebLinkAboutcc min 2023/02/14 Page 1 City of Chula Vista Regular Meeting of the City Council Meeting Minutes February 14, 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, City Attorney Googins, City Clerk Bigelow, Deputy City Clerk Kansas 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. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:08 p.m. via teleconference and 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. CONSENT CALENDAR (Items 4.1 through 4.11) Items 4.7 and 4.8 were removed from the consent calendar at the request of a member of the public and staff, respectively. Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To approve the recommended actions appearing below consent calendar Items 4.1 through 4.6 and 4.9 through 4.11. The headings were read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) DocuSign Envelope ID: 79744DD4-33EE-4698-8D33-25FC21510BAB 2023/02/14 Minutes - City Council - Regular Meeting Page 2 4.1 Approval of Meeting Minutes Approve the minutes dated: January 24, 31, and February 7, 2023. 4.2 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. 4.3 Consideration of Request for Excused Absences Consideration of requests for excused absences. No requests were received for that meeting. 4.4 Development Agreement: Adopt an Ordinance Approving the Second Amendment to the Otay Ranch Eastern Urban Center Development Agreement Between the City of Chula Vista and McMillin Otay Ranch, LLC (Second Reading) Adopt an ordinance approving the second amendment to the Otay Ranch Eastern Urban Center Development agreement with McMillin Otay Ranch, LLC. (Second Reading) Item 4.4 heading: ORDINANCE NO. 3542 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. (SECOND READING) 4.5 Ambulance Transport System: Adopt a City Council Policy, “Ambulance Transport System Enterprise Fund Reserve Policy” Adopt a resolution adopting a City Council policy for the establishment of a reserve policy for the Ambulance Transport System (“ATS”) Enterprise Fund. Item 4.5 heading: RESOLUTION NO. 2023-010 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING CITY COUNCIL POLICY NO. [TO BE DETERMINED], “AMBULANCE TRANSPORT SYSTEM ENTERPRISE FUND RESERVE POLICY” 4.6 Grant Acceptance and Appropriation: Accept a Grant From The Roy and Marian Holleman Foundation for Miscellaneous Items for the Animal Shelter and Appropriate Funds Accordingly Adopt a resolution accepting a grant from the Roy and Marian Holleman Foundation in the amount of $34,200 for the improvement of the animal shelter and appropriate funds accordingly. (4/5 Vote Required) Item 4.6 heading: RESOLUTION NO. 2023-011 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE ROY AND MARIAN HOLLEMAN FOUNDATION TO THE ANIMAL CARE FACILITY FOR SHELTER IMPROVEMENTS AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) DocuSign Envelope ID: 79744DD4-33EE-4698-8D33-25FC21510BAB 2023/02/14 Minutes - City Council - Regular Meeting Page 3 4.9 Authorized Law Enforcement Grant Positions: Approve the Reclassification of Two FA Supervisory Intelligence Analyst I Positions to FA Supervisory Intelligence Analyst II Positions Adopt a resolution approving the reclassification of two FA (Fiscal Agent) Supervisory Intelligence Analyst I positions to FA Supervisory Intelligence Analyst II positions in the authorized staffing of the Police Grants Section of the Federal Grants Fund for High Intensity Drug Trafficking Area and San Diego Law Enforcement Coordination Center. Item 4.9 heading: RESOLUTION NO. 2023-013 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RECLASSIFICATION OF TWO FA SUPERVISORY INTELLIGENCE ANALYST I POSITIONS TO FA SUPERVISORY INTELLIGENCE ANALYST II POSITIONS IN THE AUTHORIZED STAFFING OF THE POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND FOR HIGH INTENSITY DRUG TRAFFICKING AREA AND SAN DIEGO LAW ENFORCEMENT COORDINATION CENTER 4.10 Agreement: Accept Bids and Award an Agreement with PM AM Corporation to Provide Security Alarm Management Services Adopt a resolution accepting proposals and awarding an agreement to PM AM Corporation to provide security alarm management services. Item 4.10 heading: RESOLUTION NO. 2023-014 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING AN AGREEMENT TO PM AM CORPORATION TO PROVIDE SECURITY ALARM MANAGEMENT SERVICES 4.11 Contract Award and Appropriation: Award a Design-Build Agreement to EC Constructors, Inc. for the Construction Phase of the Renovation of Fire Station 1; Amend the Infrastructure, Facilities, and Equipment Expenditure Plan; and Appropriate Funds Adopt a resolution (1) Awarding a Design-Build Agreement to EC Constructors, Inc. for the construction phase (Phase 2) of the Renovation of Fire Station 1, in the amount of $6,227,406 (CIP No. GGV0252); (2) Amending the Infrastructure, Facilities, and Equipment Expenditure Plan; and (3) Amending the Fiscal Year 2022/23 CIP Program budget by appropriating $550,000 from the available balance of the Measure P Fund to GGV0252. (4/5 Vote Required) Item 4.11 heading: RESOLUTION NO. 2023-015 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A DESIGN-BUILD AGREEMENT FOR THE CONSTRUCTION PHASE (PHASE 2) TO EC CONSTRUCTORS INC. FOR THE RENOVATION OF FIRE STATION 1 (CIP NO. GGV0252); AMENDING THE INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN; AND AMENDING THE FISCAL YEAR 2022/23 CIP PROGRAM BUDGET THEREFOR (4/5 VOTE REQUIRED) DocuSign Envelope ID: 79744DD4-33EE-4698-8D33-25FC21510BAB 2023/02/14 Minutes - City Council - Regular Meeting Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR 4.7 City Elections: Adjust Campaign Contribution Limit for Any Election Held on or After January 1, 2024 and Amend Various Sections of Chula Vista Municipal Code Chapter 2.52 Accordingly John Acosta expressed concern regarding campaign contributions. Delia Dominguez Cervantes expressed concern regarding special interests. Moved by Deputy Mayor Preciado Seconded by Councilmember Cardenas To place the ordinance on first reading, heading 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) 4.8 Housing Funding: Approve the Housing and Urban Development (HUD) 2022/23 Annual Action Plan First Amendment for the Federal Block Grant Programs and Appropriate Funds City Attorney Googins stated that Deputy Mayor McCann would abstain from voting on the item due to a potential property-related conflict of interest. Mayor McCann left the dais during the discussion and voting on the item. Director of Housing and Homeless Services Kurz, Management Analyst Barnard, and Principal Management Analyst Gonzalez gave a presentation on the item and responded to questions from the City Council. Alan C. spoke in support of Mayor McCann being permitted to vote on the item and expressed concern regarding matters related to homelessness. John Acosta spoke in support of Councilmembers interacting with their districts and expressed concern regarding matters related to homelessness. Delia Dominguez Cervantes expressed concern regarding special interests and reducing criminal activity. Moved by Councilmember Gonzalez Seconded by Councilmember Cardenas To adopt Resolution No. 2023-012, heading read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, and Deputy Mayor Preciado Abstain (1): Mayor McCann Result, Carried (4 to 0) DocuSign Envelope ID: 79744DD4-33EE-4698-8D33-25FC21510BAB 2023/02/14 Minutes - City Council - Regular Meeting Page 5 Item 4.8 heading: RESOLUTION NO. 2023-012 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (1) THE 2022/23 FIRST AMENDMENT TO THE HUD ANNUAL ACTION PLAN TO ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SOLUTIONS GRANT AND HOME INVESTMENT PARTNERSHIP ACT FUNDS TO ELIGIBLE PROJECTS; (2) AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE ANY AND ALL HUD DOCUMENTS RELATED TO THE GRANTS; (3) AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE A SUBRECIPIENT AGREEMENT WITH ALPHA PROJECT; AND (4) APPROPRIATING FUNDS (4/5 VOTE REQUIRED) 5. PUBLIC COMMENTS Mary Davis apologized for a misstatement at a previous City Council meeting and endorsed Tanya Williams for any future appointment to District 3. She also spoke regarding heart health. John Acosta spoke regarding recent news articles regarding Chula Vista. Ricardo Villa, representing the San Diego County Imperial Valley Hispanic Chamber of Commerce, spoke regarding the organization's efforts to support the community. Jorge Mancilla, representing the Bonita Valley Girls Softball, spoke in support of the City allocating more fields, parks, and resources for sports activities. Sara Ochoa expressed concern regarding behavior and statements made by attendees at City Council meetings. Delia Dominguez Cervantes spoke in support of the Mayor serving as the City's representative on SANDAG and in opposition to a mileage tax. Cheryl spoke regarding the appointment to fill the District 3 seat and in support of banning electronic device use during City Council meetings. Diana MJC spoke in support of holding a special election to fill the District 3 seat. Lillie thanked Mayor McCann for assistance with getting her trash picked up. She spoke in opposition to a mileage tax and the appointment to fill the District 3 vacancy. Char expressed concern regarding the appointment to fill the District 3 vacancy. Cindy expressed concern regarding issues related to homelessness and in opposition to a mileage tax. Alan C. spoke regarding the transgender community. Francis X. Riley submitted comments regarding the City's Welcoming City designation. 6. PUBLIC HEARING 6.1 Permit Processes and Regulations: Consideration of Amendments to Various Sections of the Chula Vista Municipal Code to Streamline and Clarify Permit Processes and Regulations, Fix Outdated References, and Align with State Law DocuSign Envelope ID: 79744DD4-33EE-4698-8D33-25FC21510BAB 2023/02/14 Minutes - City Council - Regular Meeting Page 6 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. Mary Davis spoke regarding building electrification. The public hearing remained open and was continued to the City Council meeting on February 21, 2023, at 5:00 p.m. 7. ACTION ITEMS 7.1 Legislative Platform: Approve the 2023/24 Legislative Platform Marketing and Communications Manager Steinberger and Special Projects Manager Hernandez gave a presentation on the item. There was a consensus of the City Council to amend the 2023-2024 Legislative Platform to add access to childcare as a priority under the Community Services category and express support for maintaining park amenities in the new park space at the Bayfront for residents, similar to the amenities that currently exist. City Council discussion ensued, and staff responded to questions. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To adopt Resolution No. 2023-016, as amended to add access to childcare as a priority under the Community Services category to the 2023-2024 Legislative Platform and support maintaining park amenities in the new park space at the Bayfront for residents, similar to the amenities that currently exist. The heading was read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 8. CITY MANAGER’S REPORTS Environmental Services Manager Medrano spoke regarding support provided by Republic Service to residents who need assistance with trash pickup. 9. MAYOR’S REPORTS Mayor McCann expressed Valentine's Day greetings and spoke regarding heart health. He spoke regarding his attendance at the Always Ready award ceremony in honor of people who mentor underprivileged youth. 10. COUNCILMEMBERS’ COMMENTS Councilmember Cardenas expressed Valentine's Day greetings. She offered condolences to those affected by the recent shooting at the University of Michigan. She encouraged people to avoid personal attacks on others and hate speech, and maintain decorum at City Council meetings. DocuSign Envelope ID: 79744DD4-33EE-4698-8D33-25FC21510BAB 2023/02/14 Minutes - City Council - Regular Meeting Page 7 Deputy Mayor Preciado spoke regarding the City's campaign contribution ordinance. City Attorney Googins stated that an item would be on the next City Council agenda regarding draft terms for updating the campaign contribution ordinance. There was a consensus of the City Council to include with the item the consideration of forming an ad -hoc subcommittee of the City Council to work on the updates. Councilmember Chavez also encouraged people to avoid personal attacks on others and maintain decorum at City Council meetings. She spoke regarding her service on the MTS Board of Directors and Public Security Committee, and she invited public input regarding transit-related matters. Councilmember Gonzalez announced vacancies on City commissions. He also encouraged people to address the City Council instead of individuals and maintain decorum at meetings. Councilmember Gonzalez expressed Valentine's Day greetings 11. CITY ATTORNEY'S REPORTS City Attorney Googins recognized Deputy City Attorney McDonnell, who would be leaving the City. 12. 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 City Council would convene in closed session to discuss the items listed below. Mayor McCann recessed the meeting at 7:20 p.m. The City Council convened in closed session at 7:29 p.m., with all members present. 12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: Estate of Oral W. Nunis, Sr., by and through Roxie Nunis, et al. v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB- DEB. ACTION: No reportable action. 12.2 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One [1] case ACTION: Pending finalization of settlement 13. ADJOURNMENT The meeting was adjourned at 8:27 p.m. _________________________ Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 79744DD4-33EE-4698-8D33-25FC21510BAB