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Home My WebLink Aboutcc min 2024/04/23 Page 1 City of Chula Vista Regular City Council Meeting MINUTES Date: Location: April 23, 2024, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Councilmember Morineau, Mayor McCann Also Present: City Manager Kachadoorian, City Attorney Verdugo, 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 5:01 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Deputy Mayor Gonzalez. 4. SPECIAL ORDERS OF THE DAY 4.1 Chula Vista Bayfront Update by San Diego Port Commissioner Ann Moore Port Commissioner Moore gave a presentation on the item. 4.2 Presentation of a Proclamation to San Diego County Fair Executive Team Proclaiming June 12, 2024, San Diego County Fair Day in the City of Chula Vista The proclamation was presented. 4.3 Presentation by Fire Department Deputy Chief Chris Manroe and Emergency Manager Marlon King Regarding the 2024 San Diego County Multi-Agency Wildland Preparation Exercise To Be Held in Chula Vista Deputy Fire Chief Manroe and Emergency Services Manager King gave a presentation on the item. 4.4 Presentation of a Proclamation to Tamar Caspi Proclaiming April 29, 2024, End of Jew Hatred Day in the City of Chula Vista The proclamation was presented. DocuSign Envelope ID: 1C8819CA-AFA4-4B90-8A46-FD7AF2021975 2024-04-23 Regular City Council Meeting Minutes Page 2 5. CONSENT CALENDAR (Items 5.1 through 5.10) Mayor McCann announced that item 5.6 would be continued to a future meeting. John Acosta spoke regarding consent calendar items. Moved by Mayor McCann Seconded by Councilmember Chavez To approve the recommended actions appearing below consent calendar Items 5.1 through 5.5 and 5.7 through 5.10. The headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann, and Councilmember Morineau Result, Carried (5 to 0) 5.1 Approve Meeting Minutes Approval of the minutes dated: March 19 and 26 and special meetings April 4 and 9, 2024. 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. 5.3 Otay Ranch Freeway Commercial Sectional Planning Area: Amend the Plan’s Planned Community District Regulations to Streamline Modifications to Approved Permits and Allow Medical Offices within the Commercial Mixed-Use Zone Adopt an ordinance approving amendments to the Planned Community District Regulations contained within the Otay Ranch Freeway Commercial SPA Plan. (Second Reading and Adoption) Item 5.3 heading: ORDINANCE NO. 3566 OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL PLANNED COMMUNITY DISTRICT REGULATIONS (SECOND READING AND ADOPTION) 5.4 Agreement: Approve a First Amendment to the Acquisition/Financing Agreement Relating to California Municipal Finance Authority’s Community Facilities District No. 2021-11 (Otay Ranch Village 8 West) and Authorize Related Actions Adopt a resolution approving the first amendment to the Acquisition/Financing Agreement for California Municipal Financing Authority (“CMFA”) Community Facilities District 2021-11 (City of Chula Vista - Otay Ranch Village 8 West) and related actions. DocuSign Envelope ID: 1C8819CA-AFA4-4B90-8A46-FD7AF2021975 2024-04-23 Regular City Council Meeting Minutes Page 3 Item 5.4 heading: RESOLUTION NO. 2024-063 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE ACQUISITION/FINANCING AGREEMENT RELATING TO CALIFORNIA MUNICIPAL FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2021-11 (CITY OF CHULA VISTA – OTAY RANCH VILLAGE 8 WEST) AND AUTHORIZING RELATED ACTIONS 5.5 Agreements: Approve Agreements With Best, Best & Krieger for Legal Services and Bond and Disclosure Counsel Services for Two New Community Facilities Districts Adopt resolutions approving legal services agreements for legal services, bond, and disclosure counsel services between the City and Best, Best & Krieger (“BB&K”) for two separate Community Facilities Districts: A) BB&K Agreement CFD 2024-1 (Citrus Bay) and, B) BB&K Agreement CFD 2024-2 (676 Moss Street). Item 5.5 headings: A) RESOLUTION NO. 2024-064 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT TO PROVIDE LEGAL SERVICES FOR COMMUNITY FACILITIES DISTRICT FORMATION, BOND COUNSEL, AND BOND DISCLOSURE SERVICES BETWEEN THE CITY AND BEST, BEST & KRIEGER FOR COMMUNITY FACILITIES DISTRICT 2024-1 (CITRUS BAY) B) RESOLUTION NO. 2024-065 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT TO PROVIDE LEGAL SERVICES FOR COMMUNITY FACILITIES DISTRICT FORMATION, BOND COUNSEL, AND BOND DISCLOSURE SERVICES BETWEEN THE CITY AND BEST, BEST & KRIEGER FOR COMMUNITY FACILITIES DISTRICT 2024-2 (676 MOSS STREET) 5.6 Equipment Lease Agreement and Appropriation: Approve an Equipment Lease Agreement with Lenovo Financial Services to Purchase Mobile Data Computers for the Police Department and Appropriate Funds for That Purpose Item was not heard and was continued to a future meeting. 5.7 Contract: Award a Citywide Pest Control Service Contract to Corky’s Pest Control, Inc. Adopt a resolution awarding a contract for Citywide pest control services to Corky’s Pest Control, Inc. in an amount not to exceed $950,000 for up to five years. Item 5.7 heading: RESOLUTION NO. 2024-066 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND CORKY’S PEST CONTROL, INC. FOR CITYWIDE PEST CONTROL SERVICES 5.8 Apparatus/Vehicle Purchase and Appropriation: Waive the Competitive Bidding Requirements, Approve the Purchase of One BME Type 6 Squad Apparatus from South Coast Fire Equipment, and Appropriate Funds for That Purpose DocuSign Envelope ID: 1C8819CA-AFA4-4B90-8A46-FD7AF2021975 2024-04-23 Regular City Council Meeting Minutes Page 4 Adopt a resolution approving the purchase of one BME Type 6 Squad apparatus from South Coast Fire Equipment and appropriating funds for that purpose. (4/5 Vote Required) Item 5.8 heading: RESOLUTION NO. 2024-067 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS, AUTHORIZING THE PURCHASE OF ONE BME TYPE 6 SQUAD FIRE ENGINE, AND APPROPRIATING FUNDS TO THE MEASURE A VEHICLE REPLACEMENT FUND THEREFOR (4/5 VOTE REQUIRED) 5.9 Agreement: Approve an Agreement with Rogers, Anderson, Malody & Scott LLP to Provide Financial Audit Services Adopt a resolution approving an agreement with Rogers, Anderson, Malody & Scott LLP to provide financial audit services. Item 5.9 heading: RESOLUTION NO. 2024-068 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT FOR FINANCIAL AUDIT SERVICES BETWEEN THE CITY AND ROGERS, ANDERSON, MALODY & SCOTT LLP 5.10 Agreement: Award a Progressive Design-Build Agreement with Erickson Hall Construction Company, Amend the Fiscal Year 2023/24 Capital Improvement Program Budget, Establish a New CIP Project and Appropriate Funds for That Purpose Adopt a resolution A) Awarding a Progressive Design-Build Construction Agreement between the City and Erickson-Hall Construction Company for design and construction of Temporary Fire Station 11; B) Amending the Fiscal Year 2023/24 Capital Improvement Program (CIP) budget by establishing a new CIP Project, GGV0273 “Temporary Fire Station 11”; and C) appropriating funds for that purpose. (4/5 Vote Required) Item 5.10 heading: RESOLUTION NO. 2024-069 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PROGRESSIVE DESIGN-BUILD AGREEMENT BETWEEN THE CITY AND ERICKSON HALL CONSTRUCTION COMPANY FOR THE DESIGN AND CONSTRUCTION OF TEMPORARY FIRE STATION 11 (CIP NO. GGV0273), AMENDING THE FISCAL YEAR 2023-24 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, GGV0273 “TEMPORARY FIRE STATION 11”, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS John Acosta spoke regarding various matters. Jenne Fredrickson spoke regarding transparency. Irene Bourke spoke regarding various topics. Brandon Claypool spoke regarding matters related to homelessness. DocuSign Envelope ID: 1C8819CA-AFA4-4B90-8A46-FD7AF2021975 2024-04-23 Regular City Council Meeting Minutes Page 5 Delia Dominguez-Cervantes spoke in support of Councilmembers reporting on committees on which they serve. 7. BOARD AND COMMISSION REPORTS 7.1 Charter Review Commission Report Regarding Councilmember Suspension Charter Provision Charter Review Commission Chair Buddingh provided the report and requested the City Council direct the Charter Review Commission to draft a proposed Charter amendment to implement provisions related to suspending a City Councilmember or the Mayor when indicted or bound over for a felony or crime involving moral turpitude. John Acosta spoke in opposition to the item. Deputy Mayor Gonzalez submitted written communications requesting the creation of a Charter Review subcommittee. Moved by Deputy Mayor Gonzalez Seconded by Councilmember Preciado To add an agenda item to a future agenda for the City Council to consider the creation of a subcommittee to review potential Charter amendments. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann, and Councilmember Morineau Result, Carried (5 to 0) The meeting was recessed at 6:32 p.m. and reconvened at 6:40 p.m. 8. PUBLIC HEARINGS 8.1 General Plan Amendment: Amend the Chula Vista General Plan to Establish a Safety Element by Consolidating and Updating Safety Goals and Policies in Compliance with State Law Principal Planner Donaghe gave a presentation on the item. Mayor McCann opened the public hearing. John Acosta, Chula Vista resident, spoke regarding tree trimming services and voiced traffic concerns. Delia Dominguez-Cervantes, Chula Vista resident, voiced traffic concerns and other related topics. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Mayor McCann Seconded by Councilmember Preciado To adopt Resolution No. 2024-070, the heading was read, text waived. The motion was carried by the following vote: DocuSign Envelope ID: 1C8819CA-AFA4-4B90-8A46-FD7AF2021975 2024-04-23 Regular City Council Meeting Minutes Page 6 Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann, and Councilmember Morineau Result, Carried (5 to 0) Item 8.1 heading: RESOLUTION NO. 2024-070 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A SAFETY ELEMENT WITHIN THE GENERAL PLAN IN COMPLIANCE WITH STATE LAW 9. ACTION ITEMS 9.1 Mobilehome Space Rent Review: Reduce the Administrative Fee for Mobilehome Rent Control Services to $5 for Fiscal Year 2024/25 and Amend Chula Vista Municipal Code Chapter 9.50 “Mobilehome Space Rent Review” to Streamline Administration Director of Housing and Homeless Services Kurz and Management Analyst Rodriguez gave a presentation on the item. Julie Paule, representing WMA, spoke in support of the item. Robert Johnson spoke regarding various matters. Concerned Resident submitted written comments in opposition to the item. C Gomez submitted written communications expressing a neutral position on the item. Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Resolution No. 2024- 071 and place the ordinances on first reading, the headings were read, text waived. The motion carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann, and Councilmember Morineau Result, Carried (5 to 0) Item 9.1 headings: A) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE “MOBILEHOME PARK SPACE RENT REVIEW ” TO ADD SECTION 9.50.025 “MOBILEHOME RENT REVIEW HEARING OFFICER – CREATION OF POSITION – AUTHORITY”, AMEND SECTION 9.50.030 “ADMINISTRATIVE FEE”, AND AMEND VARIOUS SECTIONS TO STREAMLINE ADMINISTRATIVE FEE COLLECTION (FIRST READING) B) ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 2.31 OF THE CHULA VISTA MUNICIPAL CODE “MOBILEHOME RENT REVIEW COMMISSION” (FIRST READING) RESOLUTION NO. 2024-071 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 18 OF THE CITY’S MASTER FEE SCHEDULE AND DocuSign Envelope ID: 1C8819CA-AFA4-4B90-8A46-FD7AF2021975 2024-04-23 Regular City Council Meeting Minutes Page 7 SETTING THE ADMINISTRATIVE FEE FOR RENT CONTROL SERVICES AT $5 FOR FISCAL YEAR 2024-25 9.2 Unsheltered Policy: Add Chapter 5.14 “Service Providers” to the Chula Vista Municipal Code to Establish a Permitting Process for Service Providers, and Amend Chapter 4 of the City’s Master Fee Schedule to Add Service Providers Fees Item was not heard and was continued to a future meeting. 9.3 State Legislation: Report on Senate Bill 1208 “Waste Discharge Permits: Landfills” and Adopt a Resolution Expressing Support of Senate Bill 1208 Special Projects Manager Hernandez gave a presentation on the item. David Wick spoke in opposition to the item. Delia Dominguez-Cervantes, Chula Vista resident, spoke expressing a neutral position on the item. Jessie Schmitte, representing the Office of Senator Padilla, spoke in support of the item. Deputy Mayor Gonzalez submitted written communications in support of SB 1208 and proposed amendments. Deputy Mayor Gonzalez moved to support SB 1208 and the amendments proposed by the Senate Committee on Environmental Quality. The motion failed for lack of a second. Moved by Deputy Mayor Gonzalez Seconded by Councilmember Preciado To adopt Resolution No. 2024-072, the heading was read, text waived. The motion was carried by the following vote: Yes (3): Councilmember Chavez, Deputy Mayor Gonzalez, and Councilmember Preciado No (2): Mayor McCann, and Councilmember Morineau Result, Carried (3 to 2) Item 9.3 heading: RESOLUTION NO. 2024-072 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXPRESSING SUPPORT OF SENATE BILL 1208: WASTE DISCHARGE PERMITS: LANDFILLS Moved by Deputy Mayor Gonzalez Seconded by Councilmember Preciado To support amending SB 1208 to clarify that the bill's prohibition shall not apply to a public agency restoration and beneficial reuse project for abandoned sand and gravel mining quarries located within the Tijuana River National Estuarine Research Reserve or areas tributary to the Tijuana River. The motion was carried by the following vote: DocuSign Envelope ID: 1C8819CA-AFA4-4B90-8A46-FD7AF2021975 2024-04-23 Regular City Council Meeting Minutes Page 8 Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Councilmember Morineau No (1): Mayor McCann Result, Carried (4 to 1) Moved by Deputy Mayor Gonzalez Seconded by Councilmember Preciado To support amending SB 1208 to provide an exception to the prohibition if a regional water board makes a finding that the WDRs protect water quality, meet water quality objectives, and protect beneficial uses. The motion was carried by the following vote: Yes (3): Deputy Mayor Gonzalez, Mayor McCann, and Councilmember Morineau No (2): Councilmember Chavez, and Councilmember Preciado Result, Carried (3 to 2) 10. PUBLIC COMMENTS (CONTINUED) There were none. 11 . CITY MANAGER’S REPORTS There were none. 12. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 12.1 Appointment to the Human Relations Commission Moved by Mayor McCann Seconded by Councilmember Preciado To ratify the appointment of Tiffany Hecklinski to the Human Relations Commission. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann, and Councilmember Morineau Result, Carried (5 to 0) 13. COUNCILMEMBERS’ COMMENTS Councilmembers reported on attendance at recent events and made community announcements. DocuSign Envelope ID: 1C8819CA-AFA4-4B90-8A46-FD7AF2021975 2024-04-23 Regular City Council Meeting Minutes Page 9 Councilmember Chavez spoke regarding SANDAG matters and the status of the SR-125 toll. 14. CITY CLERK'S REPORTS There were none. 15. CITY ATTORNEY'S REPORTS There were none. 16. CLOSED SESSION Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney maintains official minutes and records of action taken during closed session. City Attorney Verdugo announced that the City Council would convene in closed session to discuss the items listed below, excluding Item 16.1. Mayor McCann recessed the meeting at 8:50 p.m. The City Council convened in closed session at 8:55 p.m., with all members present. 16.1 Conference with Legal Counsel-Anticipated Litigation (Paragraph (4) of subdivision (d) of Gov. Code § 54956.9) Initiation of Litigation: Item 16.1 was not discussed. 16.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government code Section 54956.9(1) Hate Cops submitted written comments. A) Name of case: Estate of Oral Nunis, Sr., et al v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-DEB Action: No reportable action B) Name of case: Estate of Bradley Munroe, et al. v. City of Chula Vista, et al., United States District Court, Case No. 23cv2253RBM-SBC Action: Pending Finalization of Settlement 16.3 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Maria Kachadoorian, Marco Verdugo, Courtney Chase, Tanya Tomlinson, and Sarah Schoen Employee organization: ACE and POA Action: No reportable action 17. ADJOURNMENT The meeting was adjourned at 10:18 p.m. in memory of Assistant Chief of Police Phillip Collum, March 20, 1970 - April 12, 2024. DocuSign Envelope ID: 1C8819CA-AFA4-4B90-8A46-FD7AF2021975 2024-04-23 Regular City Council Meeting Minutes Page 10 Minutes prepared by: Audrey Malone, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 1C8819CA-AFA4-4B90-8A46-FD7AF2021975