City of Chula Vista

Regular Meeting of the City Council

Meeting Minutes

Tuesday, October 03, 2023 at 5:00 P.m. - 6:00 P.m.

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

Present:

• Councilmember Cardenas, 
• Councilmember Chavez, 
• Councilmember Gonzalez, 
• Deputy Mayor Preciado, 
• and Mayor McCann 

Also Present:

• City Manager Kachadoorian, 
• Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney, 
• and Deputy Director 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.

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1.

CALL TO ORDER

A regular meeting of the City Council of the City of Chula Vista was called to order at 5:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.

2.

ROLL CALL

Deputy Director of City Clerk Services Turner called the roll.

Deputy Mayor Preciado joined the meeting at 5:06 p.m.

3.

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

Councilmember Gonzalez led the Pledge of Allegiance.

4.

CONSENT CALENDAR (Items 4.1 through 4.10)

Items 4.4, 4.5, 4.9, and 4.10 were removed from the Consent Calendar at the request of members of the public.

• Moved by Mayor McCann
  Seconded by Councilmember Gonzalez

  To approve the recommended actions appearing below consent calendar Items 4.1 through 4.3 and 4.6 through 4.8. The headings were read, text waived. The motion was carried by the following vote:

  Yes (4)

  Mayor McCann, Councilmember Cardenas, Councilmember Chavez, and Councilmember Gonzalez

  Result, Carried (4 to 0)

4.1

Approval of Meeting Minutes

• Approval of the minutes dated: September 19, 2023.

  
  

4.2

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.

  
  

4.3

Consideration of Requests for Excused Absences

• Consideration of requests for excused absences. No requests were received for that meeting.

  
  

4.6

Grant Award and Appropriation: Accept Grant Funds from the Federal Emergency Management Agency for the Assistance to Firefighters Grant and Appropriate Funds For that Purpose

• Adopt a resolution accepting the Federal Emergency Management Agency Assistance to Firefighters Grant of $78,945, matching with ten percent City funds of $7,895, and appropriating funds for that purpose. (4/5 Vote Required)

  Item 4.6 heading:

  RESOLUTION NO. 2023-152 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO FIREFIGHTERS GRANT AWARD, MATCHING A PERCENTAGE OF THE GRANT WITH CITY FUNDS, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

4.7

Grant Award and Appropriation: Accept and Appropriate Grant Funds from the California Office of Traffic Safety for the Emergency Medical Services (EMS) First Responder Equipment Program

• Adopt a resolution accepting $50,000 of grant funding from the California Office of Traffic Safety and appropriating $50,000 to the capital category of the Fire Grants Section of the Federal Grants Fund. (4/5 Vote Required)

  Item 4.7 heading:

  RESOLUTION NO. 2023-153 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE EMERGENCY MEDICAL SERVICES FIRST RESPONDER EQUIPMENT PROGRAM AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

4.8

Agreement: Approve an Agreement with AutoReturn US, LLC to Provide a Towing and Impound Management Software Solution

PAUL HENKIN

ARIES allows the public to view its impound database (towed vehicles.) Public accessibility is a good thing.

Paul Henkin submitted written comments in support of the item.

• Adopt a resolution waiving the competitive formal bid requirement and approving a service agreement with AutoReturn US, LLC to provide towing and impound management software solution for the Police Department.

  Item 4.8 heading:

  RESOLUTION NO. 2023-154 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND APPROVING A SERVICE AGREEMENT WITH AUTORETURN US, LLC TO PROVIDE TOWING AND IMPOUND MANAGEMENT SOFTWARE SOLUTION TO THE POLICE DEPARTMENT

  
  

ITEMS REMOVED FROM THE CONSENT CALENDAR

4.4

Labor Relations: Adopt an Ordinance Establishing Traffic Control Worker Minimum Wage (Second Reading and Adoption)

PAUL HENKIN

Every workeer deserves a minimum wage!

Dennis Kyle

As a public utility, we do not agree with this ordinance.   Striking the one hour exemption for telecom utilities but allowing it to remain for gas and electric utilities is not treating public utility companies equally.   It does not seem appropriate to attempt to regulate a public utility company in this manner. Lastly, we didn't receive notice of this change until September 14th which does afford us the time to properly respond to this specific change in the ordinance.

The following members of the public spoke regarding the item:

• Alan C.
• Delia Dominguez Cervantes, Chula Vista resident

Dennis Kyle, representing Wyyerd Fiber, spoke and submitted written comments in opposition to the item.

Paul Henkin submitted written comments in support of the item.

• Moved by Deputy Mayor Preciado
  Seconded by Councilmember Chavez

  To adopt Ordinance No. 3557, the heading was read, text waived. The motion was carried by the following vote

  Yes (5)

  Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez

  Result, Carried (5 to 0)

  Item 4.4 heading:

  ORDINANCE NO. 3557 OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.73, “TRAFFIC CONTROL WORKER MINIMUM WAGE” TO TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A TRAFFIC CONTROL WORKER MINIMUM WAGE (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED)

   

  
  

4.5

Contract Award and Appropriation: Award a Public Works Contract to SCW Contracting Corporation for the “Sewer Force Main at G Street Pump Station and G Street Pump Station Upgrade (SWR0275 and SWR0309)” Project and Appropriate Funds for that Purpose

PAUL HENKIN

Agenda item 4.5 is a contract bid to award a Public Works Contract for the “Sewer Force Main at G Street Pump Station and G Street Pump Station Upgrade. You propose to spend over $11 million of taxpayer money even though the attached Staff Report says that the project is way overpriced. (95% above the City Engineer's estimate.) Moreover, there were apparently 'minor' errors in the bid, although the attachment says "Staff received no information indicating that the bid documents included any deficiencies." Most importantly, the agenda item amd attachments lack any information regarding the reason for or necessity of the project. In light of this, I suggest that there are better uses for our money, and it is not right to ramrod this proposal through right now. I suggest putting this project on hold and including a brief statement in the Agenda on the need for and/or reason for any expenditure over $1 million.

John Acosta, Chula Vista resident, spoke in opposition to the item.

Paul Henkin submitted written comments in opposition to the item. 

City Engineer Valle spoke regarding the scope of the contract and the formal bid process and  responded to questions from the City Council.

• Moved by Deputy Mayor Preciado
  Seconded by Councilmember Gonzalez

  To adopt Resolution No. 2023-151, the heading was read, text waived. The motion was carried by the following vote:

  Yes (5)

  Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez

  Result, Carried (5 to 0)

  Item 4.5 heading:

  RESOLUTION NO. 2023-151 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR THE “SEWER FORCE MAIN AT G STREET PUMP STATION AND G STREET PUMP STATION UPGRADE (SWR0275 AND SWR0309)” PROJECT TO SCW CONTRACTING CORPORATION, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

4.9

Grant Award and Appropriation: Accept Grant Funds from the California Office of Traffic Safety for the Selective Traffic Enforcement Program and Amend the Fiscal Year 2023/24 Budget For that Purpose

The following members of the public spoke regarding the item:

• Alan C.
• John Acosta, Chula Vista resident

Police Captain Martin spoke regarding the item.

• Moved by Mayor McCann
  Seconded by Councilmember Chavez

  To adopt Resolution No. 2023-155, heading was read, text waived. The motion was carried by the following vote:

  Yes (5)

  Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez

  Result, Carried (5 to 0)

  Item 4.9 heading:

  RESOLUTION NO. 2023-155 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

4.10

Agreement: Approve an Agreement with Disability Access Consultants, LLC for Americans with Disabilities Act Self-Evaluation and Transition Plan Update Services

Steve Ramon

I think it is good that we are doing work that brings our city into compliance and address disability issues. BUT to use ARPA funds for this when you have homeless issues, people struggling to pay rent and necessitities that still are problems. What about Harborside Park do something about that. This is such an bad use of ARPA funds.

Concerned Resident

Is this the best use of ARPA funding when people are unhoused in the second largest City of San Diego County? How is this eligible under the ARPA guidelines? Was it in the ARPA spending plan? This money could be spent to reopen Harborside Park or build more affordable rental housing in Eastern Chula Vista. I hope this makes the news with the caption "City of Chula Vista does not have a clue on how to best spend its ARPA funds."

Robert Johnson

If a city is found to be in violation of ADA regulations, it may be subject to enforcement actions, such as fines or remedial measures. However, the exact consequences and penalties would depend on the specific circumstances and the actions taken by the enforcing authorities. It would be advisable to consult legal experts or relevant authorities for accurate and up-to-date information regarding ADA compliance and potential consequences for non-compliance. Regarding services like the internet, it's worth noting that the ADA does cover accessibility requirements for digital services and websites. Public entities, including local governments, are generally required to ensure that their digital services are accessible to individuals with disabilities. This includes providing reasonable accommodations and ensuring that online content is accessible. if i cant find it on the calendar imagine what "the need of others might be" the internet also i would reccomend hiring 10 people for the salary you pay the city manager. she isnt worth 10 peoples pay check. you could get 10x done.with less.

John Acosta, Chula Vista resident, spoke in support of sidewalks in the City.

Robert Johnson submitted written communication in support of the item.

The following members of the public submitted written communications in opposition to the item:

• Steven Ramon
• Concerned Citizen

• Moved by Mayor McCann
  Seconded by Deputy Mayor Preciado

  To adopt Resolution No. 2023-156, heading was read, text waived. The motion was carried by the following vote:

  Yes (5)

  Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez

  Result, Carried (5 to 0)

  Item 4.10 heading:

  RESOLUTION NO. 2023-156 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT FOR AMERICANS WITH DISABILITIES ACT SELF-EVALUATION AND TRANSITION PLAN SERVICES BETWEEN THE CITY AND DISABILITY ACCESS CONSULTANTS, LLC

  
  

5.

PUBLIC COMMENTS

Alan C. spoke regarding traffic safety data on Broadway. 

John Acosta, Chula Vista resident, spoke regarding Harborside Park.

Brandon Claypool spoke regarding homelessness and thanked City staff for the services available in Chula Vista. 

Joe Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance.

At the request of Deputy Mayor Preciado, there was a consensus of the City Council for staff to return to a future meeting with an analysis of the Chula Vista tenant protection ordinance in relation to new state legislation. 

Henry Sanchez spoke in support of gathering in City parks to play soccer. 

Harold De Moss, Chula Vista resident, spoke regarding various matters. 

Delia Dominguez Cervantes, Chula Vista resident, spoke regarding news articles referencing financial disclosures for City Council members.

Preston Barney offered prayers for the City Council. 

6.

CITY MANAGER’S REPORTS

There were none. 

7.

MAYOR’S REPORTS

Mayor McCann spoke regarding his attendance at the following recent events: Chula Vista Art Fest, Bonitafest Melodrama, Living Coast Discover Center Clean Up, Movies in the Moonlight, the Public Works Golf tournament, Chula Vista Police Department's Evening with Heroes, and groundbreakings for the UniverCity library and Sweetwater Park.

8.

COUNCILMEMBERS’ COMMENTS

Deputy Mayor Preciado spoke regarding his attendance at the following recent events: Chula Vista Police Department's Evening with Heroes, the State of the City, and the groundbreaking for Sweetwater Park. He expressed concern about the lack of accessibility on Third Avenue, announced the distribution of this first district newsletter, and encouraged district residents to sign up to receive the newsletter. 

Councilmember Chavez spoke regarding her attendance at the State of the City and the groundbreaking for the UniverCity library.  She encouraged residents to register for the Metropolitan Transit System's Blue Envelope Program, established to assist individuals with accessibility needs. 

9.

CITY ATTORNEY'S REPORTS

Acting City Attorney Maland announced that an item would be added to the agenda for the upcoming City Council Workshop to allow the City Council to discuss attendance at the 2023 Binational Delegation to ensure accordance with the Brown Act. 

10.

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.

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 6:22 p.m. The City Council convened in closed session at 6:30 p.m., with all members present.

10.1

Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1):

• Name of case:  American Medical Response West v. CA Dept of Healthcare Services, Sacramento Superior Court, Case No. 34-2021-80003757-CU-WM-GDS.

  Action: No Reportable Action

  
  

11.

ADJOURNMENT

The meeting was adjourned at 6:36 p.m.

Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services