HomeMy WebLinkAboutcc min 2021/12/14 DocuSign Envelope ID:2BC2D730-B3B9-4D64-ABC3-8A26F17857B4
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CHUTA VISTA
REGULAR MEETING OF THE CITY COUNCIL
Meeting Minutes
December 14, 2021, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Cardenas, Councilmember Galvez, Deputy
Mayor McCann, Councilmember Padilla, Mayor Casillas Salas
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 5:05 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
Councilmember Galvez led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
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4.1 COVID-19 Update by the City of Chula Vista Emergency Services
Manager Marlon King
Emergency Services Manager King gave a presentation on the item.
4.2 Oaths of Office
City Clerk Bigelow administered the oaths of office and Councilmembers
Cardenas and McCann presented certificates to Commissioners Edwan
and Quinones.
5. CONSENT CALENDAR (Items 5.1 through 5.9)
Mayor Casillas Salas announced Councilmembers Galvez and McCann would
abstain from voting on Item 5.3 due to potential property-related conflicts of
interest.
Moved by Mayor Casillas Salas
Seconded by Councilmember Padilla
To approve the recommended actions appearing below consent calendar items
5.1 - 5.2 and 5.4 through 5.9. The headings below were read, text waived. The
motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember
McCann, Councilmember Padilla, and Mayor Casillas Salas
Result, Carried (5 to 0)
5.1 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.
5.2 Consideration of Request for Excused Absences
No requests were received at that meeting.
5.4 Quarterly Financial Report For The Quarter Ending September 30,
2021
Accept the Quarterly Financial Report for the quarter ending September
30, 2021; and adopt a resolution making various amendments to the
Fiscal Year 2021/22 budget to adjust for variances and appropriating
funds for that purpose.
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RESOLUTION NO. 2021-232 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL
YEAR 2021/22 BUDGET TO ADJUST FOR VARIANCES AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
5.5 Approving Agreements: Approve Agreements Between the City of
Chula Vista and CR Associates, Inc., Harris and Associates, Inc.,
Kimley-Horn and Associates, Inc., Rick Engineering Company, &
Wood Rodgers, Inc. to Provide On-Call Civil Engineering Services
Adopt a resolution approving agreements between the City and CR
Associates, Inc., Harris and Associates, Inc., Kimley-Horn and Associates,
Inc., Rick Engineering Company, & Wood Rodgers, Inc. to provide Civil
Engineering Consultant Services for various Capital Improvement
Program (CIP) projects and other City Projects.
RESOLUTION NO. 2021-233 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS WITH CR ASSOCIATES,
INC., HARRIS AND ASSOCIATES, INC., KIMLEY-HORN AND
ASSOCIATES, INC. RICK ENGINEERING COMPANY, AND WOOD
RODGERS, INC. TO PROVIDE CIVIL ENGINEERING CONSULTING
SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS AND OTHER CITY PROJECTS DURING THE DESIGN AND
CONSTRUCTION PHASES
5.7 Capital Improvement Plan Funding: Approve Appropriation of
Additional Funds to Complete and Close the "Retiming of Traffic
Signals and Installation of Fiber Optic/Ethernet Communication
System (TRF0404)" Project
Adopt a resolution approving an appropriation of Transportation DIFs
Fund to Capital Improvement Project (CIP) TRF0404.
RESOLUTION NO. 2021-237 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $130,000 FROM THE AVAILABLE
BALANCE OF THE TRANSPORTATION DIF FUND TO CIP TRF0404
(4/5 VOTE REQUIRED)
5.8 Employee Cafeteria Benefits Plan: Approve Amendments to the 2021
Plan Reflecting a Revised Administration Period and Approving the
2022 Plan
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Adopt resolution A) approving the Cafeteria Benefits Plan for 2022; and B) Ij
approving the amended Cafeteria Benefits Plan for 2021 reflecting a
revised administration period and limits for the flexible spending accounts.
A) RESOLUTION NO. 2021-238 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA
BENEFITS PLAN FOR 2022
B) RESOLUTION NO. 2021-239 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPT THE AMENDED CITY OF CHULA VISTA
CAFETERIA BENEFITS PLAN FOR 2021 TO REFLECT REVISED
ADMINISTRATION PERIOD AND LIMITS FOR THE HEALTH CARE AND
DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS
5.9 Employee Compensation and Bargaining Agreements: Approve a
Memorandum of Understanding (MOU) with Non-Safety IAFF; an
MOU with Western Council of Engineers; a Revised Compensation
Schedule and Budget Amendments
The following members of the public submitted written documentation in
support of staffs recommendation:
• Jose Luis Gomez
• Connie Fife
• Francisco X Riviera
Adopt resolution A) approving a Memorandum of Understanding ("MOU")
between the City of Chula Vista and Non-Safety Local 2180 International
Association of Firefighters ("Non-Safety IAFF") related to compensation
and other terms and conditions of employment; B) approving a
Memorandum of Understanding ("MOU") between the City of Chula Vista
and Western Council of Engineers ("WCE") related to compensation and
other terms and conditions of employment; C) approving the revised Fiscal
Year 2021/22 Compensation Schedule effective December 17, 2021, as
required by California Code of Regulations., Title 2, Section 570.5; and D)
making various amendments to the Fiscal Year 2021/22 budget for
appropriating funds for that purpose.
A) RESOLUTION NO. 2021-240 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING ("MOU") BETWEEN THE CITY OF CHULA VISTA
AND NON-SAFETY LOCAL 2180 INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS ("NON-SAFETY IAFF") RELATED TO
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COMPENSATION AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT; AND AUTHORIZING THE CITY MANAGER, AS SET
FORTH HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND
ANY ADDITIONAL DOCUMENTS WHICH MAY BE NECESSARY OR
REQUIRED TO IMPLEMENT SAID MOU
B) RESOLUTION NO. 2021-241 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING ("MOU") BETWEEN THE CITY OF CHULA VISTA
AND WESTERN COUNCIL OF ENGINEERS ("WCE") RELATED TO
COMPENSATION AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT; AND AUTHORIZING THE CITY MANAGER, AS SET
FORTH HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND
ANY ADDITIONAL DOCUMENTS WHICH MAY BE NECESSARY OR
REQUIRED TO IMPLEMENT SAID MOU
C) RESOLUTION NO. 2021-242 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2021/22
COMPENSATION SCHEDULE EFFECTIVE DECEMBER 17, 2021, AS
REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
D) RESOLUTION NO. 2021-243 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL
YEAR 2021/22 BUDGET FOR APPROPRIATING FUNDS THEREFOR
(4/5 VOTE REQUIRED)
5.3 Short-Term Rentals: Consideration of Adopting a Short-Term Rental
Ordinance
The following members of the public submitted written communication in
support of the modified ordinance:
• Douglas Morris, CPA
• Isaac Soria
• Ari
• NN
• Farid
• Katie
• Terry Manges
• Guillermo Gonzalez
• Elizabeth Cook
• Andrew D.
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• Jake Alebie
• Juan Zapata
• Pablo Zambio
• Jeff
• Sofia
• Steven
• Kyle Merritt
• Guy East
• Tangerine Skantz
• Sara Dao
• William B. Cook
• Andrew Moyers
• David V.
• Carolina Marroquin
• Melissa Campbell
• Adrian Tapia
• Rafael Morales
• Alejandro Diaz
• Andres Rodriquez
• John D.
• Carlos Gonzalez
• David Edwards
• Mike Quinn
• Todd Jacobs
• Joachim Gratton
• Ashlyn Mesa
• Carey Hazelton
• Crystal Guerrero
• Lillyan Gonzalez
• Jeffrey Markee
• Isabelle Meritt
• Gaetano Harris
• David
• Brandon Cole
• Clyde Skantz
• Charles P. Sanders
• Tabitha Skantz
• Amy Davitian
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• Brian Benson
• Robert Morales
• Agnes
• Enrique N.
• Isai Lopez
• Joel V
• Diego O.
• Mauricio O.
• Heather S.
• Antonio M.
• Carlos C.
• Angela
• Claudia R.
• Jaime R.
• Monica Lopez
• Ana Lopez
• Claudia Lopez
• Monica Ferrer
• Daniel Perez
• Zkandia Beltran
• Lori Sandoval
• Kevin Astely
• Andrea
• Jasmin Corral
• Matthew
• Tiffanie Chavarria
• Daniel
• Ivette
• Jeremiah
• Katie
• Aaron Davitian
• Lorenzo Lopez
• Nicole F Rodriguez
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The following members of the public submitted written documentation
regarding the ordinance:
• Jason Taylor
• Alex
• Lex A. Velarde
• Peggy
• Adrian Duarte
• Karla Garcia
• Breana Frazier
• Lauri
• Carlos Magana
• Alphonso
• Shellie Duarte
• Kyla H. Polee
• O Correa
• Kacey Vu
• Gilda
• John Fischer
• Luis Lopez
• Dominic McGhee
• Craig McClurg
• Jack Polee
• Enrique
• Ivan
• Oscar B
• Dario Barba
• Arturo Aguirre
• Erwin Armando Orendain
• Jorge Garcia
• Jose Roberto Sanchex Apipilhuasco
• Norma Trujillo
• Carlos G.
• Patty
• Norma
• Omar Garcia Machado
• Debbie
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QW Moved by Mayor Casillas Salas
Seconded by Councilmember Padilla
Adopt an ordinance adding Chapter 5.68 (Short-Term Rentals) to the
Chula Vista Municipal Code, establishing regulations, standards, and a
permitting process for Short-Term Rentals.
Yes (3): Councilmember Cardenas, Councilmember Padilla, and Mayor
Casillas Salas
Abstain (2): Councilmember Galvez, and Councilmember McCann
Result, Carried (3 to 0)
ORDINANCE NO. 3514 OF THE CITY OF CHULA VISTA ADDING
CHAPTER 5.68, "SHORT-TERM RENTALS" TO TITLE 5 OF THE CHULA
VISTA MUNICIPAL CODE TO ESTABLISH REGULATIONS,
STANDARDS, AND A PERMITTING PROCESS FOR SHORT-TERM
RENTALS (SECOND READING AND ADOPTION)
5.6 Employee Compensation/Positions: Approve the Addition and
Deletion of Various Position Titles and Amended Position Counts in
Various Departments, a Revised Compensation Schedule, and
Budget Amendments
Adopt resolution (A) amending the Compensation Schedule and
Classification Plan to reflect the addition and deletion of various position
titles, amending the authorized position count in various departments, and
providing for salary increases for specified classifications to comply with
the State's minimum wage law; (B) approving the revised Fiscal Year
2021/22 Compensation Schedule effective December 31, 2021, as
required by the California Code of Regulations, Title 2, Section 570.5; (C)
making various amendments to the Fiscal Year 2021/22 budget for
appropriating funds for that purpose; and place an ordinance on first
reading amending Chula Vista Municipal Code Section 2.05.010 to add
the unclassified position titles of Communications/Special Events
Coordinator and deleting the position title of Special Events Coordinator.
A) RESOLUTION NO. 2021-234 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND
CLASSIFICATION PLAN TO REFLECT THE ADDITION AND DELETION
OF VARIOUS POSITION TITLES, AMENDING THE AUTHORIZED
POSITION COUNT WITH A NET INCREASE IN AUTHORIZED
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STAFFING, AND SALARY INCREASES OF VARIOUS
CLASSIFICATIONS TO COMPLY WITH STATE MINIMUM WAGE LAW
EFFECTIVE JANUARY 1, 2022
B) RESOLUTION NO. 2021-235 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2021/22
COMPENSATION SCHEDULE EFFECTIVE DECEMBER 31, 2021, AS
REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
C) RESOLUTION NO. 2021-236 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL
YEAR 2021/22 BUDGET FOR APPROPRIATING FUNDS THEREFOR
(4/5 VOTE REQUIRED)
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE
UNCLASSIFIED POSITION TITLE OF COMMUNICATIONS/SPECIAL
EVENTS COORDINATOR AND DELETING THE POSITION TITLE OF
SPECIAL EVENTS COORDINATOR (FIRST READING) (4/5 VOTE
REQUIRED)
6. PUBLIC COMMENTS
6.1 Public Comments Received for 12/14/2021
The following members of the public submitted written documentation
regarding the Chula Vista Mid Managers and Professionals proposed
contract:
• Sylvia Montes
• Neil Engleton
• Anne Gonzalez
• Brian Ballestamon
• Claudia Block
• Jerry Quijencio
• Ayub Karram
• Emily Novak
• Silvia Cosio
• Emma Duncan
• Stephen Mosca
• Coleen Wisniewski
• Mark Caro
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• Andre Fife
• Boushra Salem
• Connie Fife
• Myrene De La Toba
• Evelyn Alfaro
• Cheryl Goddard
• Carla Even
7. PUBLIC HEARINGS
7.1 Vacation of Land: A Portion of Marina Parkway and a Portion of G
Street as Part of the Bayfront Development
Notice of the hearing was given in accordance with legal requirements,
and the hearing was held on the date and no earlier than the specified in
the notice.
Mayor Casil/as Salas opened the public hearing.
There was consensus of the Council to continue the item to the January
18, 2022 meeting.
(ItAW 8. ACTION ITEMS
8.1 Contract Amendment: Consider Approving the Third Amendment to
the Real Property Purchase and Sale Agreement with Tecture Red,
LLC for 224 Third Avenue
Mayor Casillas Salas stated she would abstain from voting on Item 8.1 due
to a potential property-related conflict of interest. She left the dais during
discussion and voting on the item.
Deputy City Manager Crockett spoke regarding the item and responded to
questions of the Council.
City Clerk Bigelow announced that a revised resolution for the item had
been distributed to the Council, and that action on the item would be with
respect to the revised document.
Moved by Councilmember Padilla
Seconded by Councilmember Galvez
To adopt Resolution No. 2021-244. The heading below was read, text
waived. The motion carried by the following vote:
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Yes (4): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, and Councilmember Padilla
Abstain (1): Mayor Casillas Salas
Result, Carried (4 to 0)
RESOLUTION NO. 2021-244 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THIRD AMENDMENT TO REAL
PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS BY AND BETWEEN THE CITY OF CHULA
VISTA AND TECTURE RED, LLC. FOR THE SALE OF THE 0.14-ACRE
COMMERCIAL PROPERTY LOCATED AT 224 THIRD AVENUE
8.2 Short Term Rentals: Amending the Master Fee Schedule and Adding
One Code Enforcement Officer II Position
City Attorney Googins stated that Councilmembers Galvez and McCann
had potential financial-related conflicts of interest on the item and due to
the item requiring four votes to pass one member would be selected to
vote under the FPPC Rule of Necessity.
Councilmember Galvez was selected by lot by Deputy City Clerk Kansas
to participate in the item. Councilmember McCann left the dais during
discussion and voting on the item.
Development Services Director Allen responded to questions of the
Council.
A concerned citizen submitted written correspondence in support of the
item.
Moved by Mayor Casillas Salas
Seconded by Councilmember Cardenas
To adopt Resolution No. 2021-245, the heading below was read, text
waived. The motion carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Galvez,
Councilmember Padilla, and Mayor Casillas Salas
Abstain (1): Councilmember McCann
Result, Carried (4 to 0)
RESOLUTION NO. 2021-245 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 4 (BUSINESS FEES) TO ADD
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FEES RELATING TO SHORT-TERM RENTALS, AMENDING THE
AUTHORIZED POSITION COUNT FOR THE GENERAL FUND TO
REFLECT THE ADDITION OF 1.0 CODE ENFORCEMENT OFFICER II
POSITION, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE
REQUIRED)
8.3 Agreement Approval: Approve an Agreement with Media 3
Communications for the Exchange of Fiber and Fiber Facilities
Deputy City Manager Crockett gave a presentation on the item.
Council discussion ensued.
Moved by Councilmember McCann
Seconded by Councilmember Galvez
To adopt Resolution No. 2021-246. The heading below was read, text
waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, Councilmember Padilla, and Mayor Casillas
Salas
Result, Carried (5 to 0)
RESOLUTION NO. 2021-246 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APROVING AN AGREEMENT BETWEEN MEDIA 3
COMMUNICATIONS, INC. AND CITY OF CHULA VISTA FOR THE
EXCHANGE OF FIBER AND FACILITIES
9. CITY MANAGER'S REPORTS
There were none.
10. MAYOR'S REPORTS
Mayor Casillas Salas spoke regarding her attendance at the Third Avenue
Village Association's (TA VA) holiday events.
At the request of Mayor Casillas Salas, there was the consensus of the Council
to add an item to an agenda in January to provide direction regarding the future
role of the Human Relations Commission.
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10.1 Ratification of Appointments to the Following Boards &
Commissions:
Candice Custodio-Tan - Human Relations Commission
Vikki Robinson Opeodu - Housing Advisory Commission
Moved by Councilmember McCann
Seconded by Councilmember Cardenas
To ratify the above appointments. The motion carried by the following
vote:
Yes (5): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, Councilmember Padilla, and Mayor Casillas
Salas
Result, Carried (5 to 0)
11. COUNCILMEMBERS' COMMENTS
Councilmember Galvez spoke regarding her attendance at the Culchi Town
grand opening; She thanked staff for contributions to secure Park and Recreation
grants to upgrade Eucalyptus Park and build the new Patty Davis Park. She also
expressed holiday greetings.
Councilmember McCann expressed holiday greetings and encouraged the
community to shop Chula Vista. He also thanked Third Avenue Village
Association for its leadership and spoke regarding recent holiday events.
Councilmembers Cardenas and Padilla expressed holiday greetings.
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.
City Attorney Googins announced that the Council would convene in closed
session to discuss the items listed below.
Mayor Casillas Sa/as recessed the meeting at 6:06 p.m. The Council convened
in Closed Session at 6:12 p.m., with all members present.
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13.1 Conference with Legal Counsel Regarding Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Name of case: In Re National Prescription Opiate Litigation; United States
District Court, Southern District of Ohio; Case No. 17-md-2804
ACTION: No reportable action.
13.2 Conference with Legal Counsel -- Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4):
One [1] case.
ACTION: No reportable action
13.3 Conference with Legal Counsel Regarding Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Name of case: In Re Boy Scouts of America and Delaware BSA, LLC,
United States Bankruptcy Court-District of Delaware, Case No. 20-
10343(LSS)
ACTION: No reportable action
14. ADJOURNMENT
The meeting was adjourned at 7:25 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
DocuSio ned by:
3C1740'104EAF342E...
Kerry K. Bigelow, MMC, City Clerk
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