HomeMy WebLinkAboutcc min 2023/03/07City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
March 7, 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, 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 for Item 9.1, which was heard
after Public Comments.
_____________________________________________________________________
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
Councilmember Gonzalez led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
4.1 Oaths of Office:
Cultural Arts Commission - Ken Muraoka
Health Wellness and Aging Commission - Marisol Edwan
Housing and Homelessness Advisory Commission - Paula Whitsell
Veterans Advisory Commission - Tanya Williams
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City Clerk Bigelow administered the oaths of office and Councilmember Gonzalez
presented certificates to the Commissioners.
5. CONSENT CALENDAR (Items 5.1 through 5.10)
Items 5.4, 5.6, and 5.8 were removed from the Consent Calendar at the request of a
member of the public
Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To approve the recommended actions appearing below consent calendar Items 5.1
through 5.3, 5.5, 5.7, and 5.9 through 5.12. 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)
5.1 Approval of Meeting Minutes
Approve the minutes dated: February 16 and 21, 2023
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
Approve an excused absence request from Councilmember Cardenas for the March
2, 2023 City Council workshop.
5.5 Policy and Investment Report: Acknowledge Receipt of City Council Policy No.
220-01, Delegate Investment Activity Authority to the Director of
Finance/Treasurer, and Accept the Investment Report for the Quarter Ending
on December 31, 2022
Adopt a resolution acknowledging receipt of City Council Policy No. 220-01
Investment Policy and Guidelines, delegating investment activity authority to the
Director of Finance/Treasurer, and accepting the investment report for the quarter
ending December 31, 2022.
Item 5.5 heading:
RESOLUTION NO. 2023-024 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY 220-01, THE CITY OF
CHULA VISTA INVESTMENT POLICY AND GUIDELINES, DELEGATING
INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF
FINANCE/TREASURER, AND ACCEPTING THE INVESTMENT REPORT FOR
THE QUARTER ENDING DECEMBER 31, 2022
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5.7 Employee Compensation and Positions: Approve Amended Classification
Plan and Compensation Schedule; Position Counts in Departments; Revised
Ordinance; Revised Compensation Schedule; and Updated Conflict of Interest
Code
Adopt resolutions: A) Amending the Compensation Schedule and Classification Plan
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)
Approving the revised Fiscal Year 2022-23 Compensation Schedule effective March
10, 2023, as required by the California Code of Regulations, Title 2, Section 570.5;
and C) 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); and place an ordinance on first reading amending Chula Vista Municipal
Code Section 2.05.010 to add the unclassified position titles of Building Official and
Economic Development Manager. (First Reading) (4/5 Vote Required)
Item 5.7 heading:
A) RESOLUTION NO. 2023-026 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION
PLAN 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 NO. 2023-027 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE REVISED FISCAL YEAR 2022/23 COMPENSATION
SCHEDULE EFFECTIVE MARCH 10, 2023, AS REQUIRED BY CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
C) RESOLUTION NO. 2023-028 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
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION
TITLE OF BUILDING OFFICIAL AND ECONOMIC DEVELOPMENT MANAGER
(FIRST READING) (4/5 VOTE REQUIRED)
5.9 Grant Approval: Accept Grants from the California State Library Targeted State
Grant Program for the Cinematic Arts Academic Center and Library’s Land and
Construction Costs, and Authorize the City Manager or Designee to Negotiate
and Execute Agreements
Adopt a resolution authorizing the acceptance of $30,000,000 in State funds to be
allocated towards the Cinematic Arts Academic Center & Library’s Land and
Construction Costs and authorizing the City Manager or designee to negotiate and
execute the grant agreements once final for the California T argeted State Grant
Program.
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Item 5.9 heading:
RESOLUTION NO. 2023-030 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING GRANTS FROM THE CALIFORNIA STATE LIBRARY
TARGETED STATE GRANT PROGRAM FOR THE CINEMATIC ARTS ACADEMIC
CENTER AND LIBRARY’S LAND AND CONSTRUCTION COSTS, AND
AUTHORIZE THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND
EXECUTE AGREEMENTS
5.10 Municipal Code Update: Ordinance Amending Chula Vista Municipal Code
Section 2.04.050 Relating to Workshops
Place an ordinance on first reading amending Chula Vista Municipal Code Section
2.04.050 relating to workshops. (First Reading)
Item 5.10 heading:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.050 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO WORKSHOPS (FIRST
READING)
ITEMS REMOVED FROM CONSENT CALENDAR
5.4 Permit Processes and Regulations: Adopt an Ordinance Amending Various
Sections of the Chula Vista Municipal Code to Streamline and Clarify Permit
Processes and Regulations, Fix Outdated References, and Align with State
Law (Second Reading and Adoption)
Alan C. spoke in support of delaying a decision for further consideration.
Mary David spoke in opposition to staff's recommendation.
John Acosta, Chula Vista resident, expressed concern regarding the necessity of
town hall meeting prior to approving changes to a neighborhood.
Development Services Director Black stated that there were no changes to zoning
as a part of the item.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Gonzalez
To adopt Ordinance No. 3544, heading 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)
Item 5.4 heading:
ORDINANCE NO. 3544 OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTER 2.24 (REDEVELOPMENT AGENCY), TITLE
6 (ANIMALS), TITLE 9 (PUBLIC PEACE, MORALS, AND WELFARE), TITLE 10
(VEHICLES AND TRAFFIC), TITLE 12 (STREETS AND SIDEWALKS), TITLE 13
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(SEWERS), TITLE 14 (WATERCOURSES), TITLE 15 (BUILDINGS AND
CONSTRUCTION), TITLE 17 (ENVIRONMENTAL QUALITY), TITLE 18
(SUBDIVISIONS), TITLE 19 (PLANNING AND ZONING), AND TITLE 21
(HISTORIC PRESERVATION) (SECOND READING AND ADOPTION)
5.6 Grant and Donation Acceptance & Revenue Appropriation: Accept Grants and
Donations to be Used for Costs Associated with Parks & Recreation Facilities
and Programs and Appropriate Funds
John Acosta, Chula Vista resident, spoke in opposition to using City facilities for
political purposes.
Moved by Councilmember Cardenas
Seconded by Councilmember Gonzalez
To adopt Resolution No. 2023-025, heading 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)
Item 5.6 heading:
RESOLUTION NO. 2023-025 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING GRANTS AND DONATIONS FOR PARKS & RECREATION
FACILITIES AND PROGRAMS AND APPROPRIATING FUNDS THEREFOR (4/5
VOTE REQUIRED)
5.8 Measure A Expenditure Plan and Appropriation: Amend the Measure A Public
Safety Expenditure Plan to Fund Vehicles, Drone as First Responder
Contractual Costs, and Counseling Services for the Police Department and
Appropriate Funds Accordingly
The following members of the public spoke in support of staff’s recommendation:
Alan C.
Mary D.
David Stucky, Chula Vista resident
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To adopt Resolution No. 2023-029, heading 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)
Item 5.8 heading:
RESOLUTION NO 2023-029 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE AMENDED MEASURE A PUBLIC SAFETY
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EXPENDITURE PLAN TO FUND VEHICLES, DRONE AS FIRST RESPONDER
CONTRACTUAL COSTS, AND COUNSELING SERVICES FOR THE POLICE
DEPARTMENT AND AMENDING THE FISCAL YEAR 2022/23 EXPENDITURE
BUDGET FOR THE MEASURE A SALES TAX FUND (4/5 VOTE REQUIRED)
6. PUBLIC COMMENTS
Alan C. spoke in opposition to the City utilizing equity groups and the fentanyl epidemic.
Brandon Claypool, Chula Vista resident, spoke in support of additional homeless shelters
in the City.
Joseph Raso, Chula Vista resident, spoke in opposition to the Citys tenant protection
ordinance.
Art Arvizu, Chula Vista resident, expressed concern regarding cashless businesses and
spoke in support of public safety personnel.
John Acosta, Chula Vista resident, spoke in support of town hall meetings.
The following members of the public spoke regarding Councilmember Cardenas'
disclosure filings:
Cheryl
Bibian Harrison
Anna
Delia Dominguez Cervantes, Chula Vista resident
Aurora, Chula Vista resident, expressed concern regarding bullying and misinformation
given to residents.
At the request of Councilmember Preciado, there was a consensus of the City Council to
make a referral to the City Manager to provide information on the process to provide
feedback or a complaint regarding interactions with City staff.
Mary D. spoke in support of privacy protection and regarding peoples' right to criticize
public officials.
Charles Lovekin spoke regarding dietary needs.
Lois K. Klepin submitted written communications regarding solar installation.
7. PUBLIC HEARINGS
7.1 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.
Acting City Attorney Maland provided information on the proceedings and
recommended the Council disclose all ex parte communications regarding the item.
Councilmembers reported the following ex parte communications:
Mayor McCann, Councilmember Chavez and Councilmember Gonzalez reported no
ex parte communications.
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Councilmembers Cardenas stated that she received an email from Marco Polo
Cortes, who represents the applicant, but did not respond.
Deputy Mayor Preciado stated that he made contact with Marco Polo Cortes, who
represents the applicant, regarding the permit.
Planning Manager Phillips gave a presentation on the item and responded to
questions of the City Council.
Police Chief Kennedy expressed concerns regarding the issuance of a Type-21
license to the proposed location.
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.
The following members of the public spoke in support of the permit being granted:
Alan C.
Mary D.
The following members of the public spoke in opposition to the permit being
granted:
Joseph Garrett, Chula Vista resident
Rachna Grewal, Chula Vista resident
Bic Sidhu, Chula Vista resident
Rachel Haygood, Chula Vista resident
Joanna Navarro, Chula Vista resident
John Acosta, Chula Vista resident
Talia Tudara, Chula Vista resident
Michael Stephan, representing Bobar Liquor
Rafida Younis
Marco Polo Cortes submitted written communications in support of approving a Type
21 license.
Mayor McCann recessed the meeting at 7:00 p.m. The Council reconvened at 7:06
p.m., all members present except Councilmember Gonzalez who arrived at 7:08 p.m.
Planning Manager Phillips provided additional information related to additional
licenses in the area.
Marco Polo Cortes representing the applicant provided a rebuttal argument.
There being no further members of the public who wished to speak, Mayor McCann
closed the public hearing.
Council discussion ensued.
Moved by Councilmember Chavez
Seconded by Councilmember Cardenas
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To adopt Resolution No. 2023-031(Item 7.1C), heading 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)
Item 7.1 heading:
C) RESOLUTION NO. 2023-031 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA GRANTING THE APPEAL OF MARCO POLO CORTES AND APPROVING
CONDITIONAL USE PERMIT (CUP22-0023) TO PERMIT THE SALE OF BEER
AND WINE AT THE US SUPER GAS, INC. GAS STATION AND MINI-MART
LOCATED AT 1495 MELROSE AVENUE IN THE CITY OF CHULA VISTA
7.2 Development Agreement Amendment: Adopt an Amended Development
Agreement for Otay Ranch Village Two
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.
Planning Manager Phillips gave a presentation on the item. He and Nick Lee,
representing Baldwin and Sons, responded to questions of the City Council.
Mayor McCann opened the public hearing.
There being no members of the public who wished to speak, Mayor McCann closed
the public hearing.
Council discussion ensued.
Moved by Deputy Mayor Preciado
Seconded by Mayor McCann
To place the below 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)
Item 7.2 heading:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA,
BALDWIN AND SONS, LLC AND ITS SUBSIDIARIES FOR PORTIONS OF OTAY
RANCH VILLAGE TWO (FIRST READING)
Mayor McCann recessed the meeting at 7:58 p.m. The Council reconvened at 8:05
p.m., with all members present.
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8. ACTION ITEMS
8.1 Annual Report: Acceptance of Audited Annual Comprehensive Financial
Report (ACFR) for Fiscal Year Ended June 30, 2022 and Update on General
Fund Reserve Funds
Finance Director Schoen, Assistant Finance Director Del Rio, and Ryan Domino,
representing LSL CPA's, gave a presentation on the item.
Finance Director Schoen responded to questions of the City Council.
Moved by Councilmember Cardenas
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-032, heading 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)
Item 8.1 heading:
RESOLUTION NO. 2023-032 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE AUDITED ANNUAL COMPREHENSIVE FINANCIAL
REPORT (ACFR) FOR FISCAL YEAR ENDING JUNE 30, 2022
8.2 Improvement District Annual Report: Approving the 2023 Annual Report for
the Downtown Chula Vista Property-Based Improvement District
Principal Economic Development Specialist Pointer spoke regarding the item.
Dominic LiMandri, District Manager for the Downtown Chula Vista Association,
provided an update on the organization.
Moved by Deputy Mayor Preciado
Seconded by Mayor McCann
To adopt Resolution No. 2023-033, heading 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)
Item 8.2 heading:
RESOLUTION NO. 2023-033 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE 2023 ANNUAL REPORT FOR THE DOWNTOWN
CHULA VISTA PROPERTY-BASED IMPROVEMENT DISTRICT
9. CITY MANAGER’S REPORTS
9.1 Update on Harborside Park Outreach Efforts
Housing and Homeless Services Director Kurz gave a presentation on the item.
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Council discussion ensued.
Alan C. spoke in support of the item.
9.2 Consideration of City Sponsorship of $5,000 for the Day of the Child Event
Hosted by the Chula Vista Community Collaborative to be Held on April 22,
2023, at Memorial Park in Chula Vista
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To authorize City sponsorship of $5000 for the Day of the Child event. 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)
10. MAYOR’S REPORTS
Mayor McCann paid tribute to Colonel Paris Davis for recently receiving a Medal of Honor
for his actions during the Vietnam War.
10.1 Ratification of Appointments to the FollowingCommissions:
Board of Library Trustees
o James Clark
Housing and Homelessness Advisory Commission
o Peter Carlseen
o Juliette Montoya
o Karla Pacheco
Sustainability Commission
o Raymundo Alatorre
o Crystal Fairley
o John Knox
o Hayley Salazar
Traffic Safety Commission
o Monica Becerra Firsht
o Rodney Caudillo
o Tim DeMarco
Veterans Advisory Commission
o Nimpa Akana
Mayor McCann recognized staff for their efforts in filling Board and Commission
vacancies.
At the request of Deputy Mayor Preciado there was a consensus of the City Council
to direct the City Clerk to track district representation on the City's boards and
commissions.
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11. COUNCILMEMBERS’ COMMENTS
At the request of Deputy Mayor Preciado, there was a consensus of the City Council to
add an item to the next agenda to consider the establishment of an ad hoc committee
related to issues with labor agreements and labor relations. He also recognized City staff.
At the request of Councilmember Chavez, there was a consensus of the City Council to
add an item to the next agenda to consider the establishment of an ad hoc committee
related to economic development and binational affairs.
Councilmember Cardenas recognized City staff.
11.1 Deputy Mayor Preciado
Consideration of Formation of an Ad-Hoc Subcommittee to Consider Matters
Related to the Welcoming City Program.
The following members of the public spoke in opposition to the Welcoming City
program:
Alan C.
Mary D.
The following members of the public submitted written communication to speak but
were not present when called upon:
John Acosta, Chula Vista resident
Vivian Dunbar
Ann Smith submitted written communications regarding the Welcoming City website
and City decisions.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To approve formation of an ad-hoc subcommittee, convening for 2-3 months,
consisting of Deputy Mayor Preciado and Councilmember Cardenas to consider
matters related to the Welcoming City program. 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)
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.
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Acting City Attorney Maland announced that the City Council would convene in closed
session to discuss the items listed below.
Mayor McCann recessed the meeting at 9:41 p.m. The City Council convened in Closed
Session at 9:42 p.m.
13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(1)
Name of case: City of Chula Vista v. Amerisourcebergen Drug Corporation, et al.,
United States District Court, Case No. 19cv1115 BEN MSB.
ACTION: No Reportable Action
14. ADJOURNMENT
The meeting was adjourned at 9:50 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk
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