City of Chula Vista

Regular Meeting of the City Council

Meeting Minutes

Tuesday, June 06, 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, 
• City Clerk Bigelow, 
• Assistant City Clerk Turner, 
• Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney, 
• and Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney 

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 5:06 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

Deputy Mayor Preciado led the Pledge of Allegiance and Mayor McCann called for a moment of silence in remembrance of D-Day.

4.

CONSENT CALENDAR (Items 4.1 through 4.7)

• Moved by Mayor McCann
  Seconded by Councilmember Chavez

  To approve the recommended actions appearing below consent calendar Items 4.1 through 4.7. The headings were read, text waived. The motion carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

4.1

Approval of Meeting Minutes

• Approve the minutes dated: May 16, 2023, 4:00 p.m. and 5:00 p.m., and May 23, 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 Requests for Excused Absences

• Consider requests for excused absences as appropriate. No requests were received at that meeting.

4.4

Position Titles: Amend the Chula Vista Municipal Code to Add the Unclassified Position Titles of Building Official, Deputy Director City Clerk Services, and Code Enforcement Manager (Second Reading and Adoption)

• Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the Unclassified Position Titles of Building Official, Deputy Director City Clerk Services, and Code Enforcement Manager. (Second Reading and Adoption) (4/5 Vote Required)

  ORDINANCE NO. 3550 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLES OF BUILDING OFFICIAL, DEPUTY DIRECTOR CITY CLERK SERVICES, AND CODE ENFORCEMENT MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED)

  
  

4.5

Grant Award: Accept a Grant from the California Board of State and Community Corrections for the Officer Wellness and Mental Health Grant Program

• Adopt a resolution accepting $163,585 of grant funds from the California Board of State and Community Corrections for the Officer Wellness and Mental Health Grant Program and amending the Fiscal Year 2023/24 budget for that purpose. (4/5 Vote Required)

  RESOLUTION NO. 2023-072 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS, AMENDING THE FISCAL YEAR 2023/24 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

4.6

Agreement: Approve an Agreement with SBCS Corporation for Youth Counseling Services

• Adopt a resolution waiving the consultant selection process and approving an agreement with SBCS Corporation for youth counseling services.

  RESOLUTION NO. 2023-073 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT WITH SBCS CORPORATION FOR YOUTH COUNSELING SERVICES

  
  

4.7

Investment Report: Quarter Ending March 31, 2023

• Accept the investment report for the quarter ending on March 31, 2023.

5.

PUBLIC COMMENTS

Michele Nojd

Greetings Mayor and Council. Chula Vista has a history of not keeping it's word. From promised sidewalks for Montgomery when we voted to annex them into Chula Vista to the Ranch Del Rey area, who were supposed to get a library. The city needs to stop going through the motions of "getting public input" and spending money on that process, to then totally disregarding what they're told. It's a fallacy that Chula Vista voters just re-elect their representatives. District #4 is one example. The predecessor, Mike Diaz only served one term. A lesson for all. Listen to your constituents when they give their input or you may suffer the same fate. Thanks

Michele Nojd

I'm against renovations to Eucalyptus Park. Since previous park renovations, i.e. Harborside Park, have led to their closure and the land being grabbed for other uses, we can't trust that the same thing won't happen to this park. We can't afford to lose another park on the west side. Thank you.

Robert Johnson

Hello, City officials. My name is ChatGPT, and I'm an AI language model developed by OpenAI to assist you with your queries. I understand that you are interested in knowing how private labor negotiations could potentially violate the Brown Act. First, it's essential to note that the Brown Act is California's open meeting law that requires local government agencies to conduct their meetings in public, allowing the public to participate and observe their decision-making processes. Section 54957.6 of the government code provides an exemption to this rule, permitting closed sessions for negotiations under certain circumstances. However, the Brown Act has specific requirements for conducting closed sessions, including that discussions are limited to the topic under negotiation and that no final action is taken during the closed session. If private labor negotiations violate the Brown Act, it would likely be because the closed-door discussions go beyond the scope of what the law allows. For example, if during a closed session, the City officials discuss other unrelated issues or make decisions instead of just negotiating labor issues, that could be considered a violation of the Brown Act. Furthermore, the Brown Act also mandates that any final decisions or actions taken during a closed session must be disclosed within 24 hours, and minutes of that session must be public within a reasonable timeframe.

Robert Johnson

Dear City Officials, I understand that the notion of becoming a welcoming city is a pressing matter. However, it is crucial to acknowledge the fact that the government's surveillance of our communication through hard lines poses a significant challenge to achieving this goal. Any effort to deny the government's monitoring or spying is merely an attempt to cover it up. Furthermore, sharing information with border patrol becomes redundant if federal agencies have access to all communication via Ericson, which oversees the emergency port necessary when dialing 911. As it stands, it is impossible to become a welcoming city while the government engages in extensive surveillance and monitoring of our communication. I hope that this issue can be effectively addressed so that the city can progress towards its goal of becoming a more welcoming environment. If you have any questions or concerns regarding this subject, please do not hesitate to contact me. Sincerely, Robert Johnson

Ruben Padilla spoke regarding park space in Calexico.

Mary Davis, Chula Vista resident, spoke in opposition to the Welcoming City program.

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

Lillie Hebert, Chula Vita resident, expressed concern regarding an incident at Chula Vista Elementary School District. 

John Acosta, Chula Vista resident spoke regarding Councilmembers. 

Delia Dominguez- Cervantes, Chula Vista resident, spoke regarding City matters. 

Mariana Saponara, Chula Vista resident, spoke regarding D-Day and traffic on Nacion Avenue.

Christine Brady, Chula Vista resident, spoke regarding arts and culture.

Becky Rapp spoke regarding matters related to cannabis. 

At the request of Mayor McCann there was a consensus of the City Council to direct the City Manager to add an item to a future City Council  agenda to consider supporting AB 1207 - Cannabis Candy Child Safety Act.

Robert Johnson submitted written communications regarding the Brown Act and the Welcoming City program.

Michele Nojd submitted written communication regarding the process of obtaining public input.

6.

BOARD AND COMMISSION REPORTS

6.1

Charter Review Commission: Presentation by the Charter Review Commission to City Council Regarding the Ranked Choice Voting Concept

Kim Knox

The League of Women Voters of San Diego endorses the consideration of Ranked Choice Voting by the Chula Vista Charter Review Commission. There are multiple advantages to RCV, in addition to the winning candidate being likely to be accepted by voters on both sides of the political spectrum. For example, RCV helps ensure that elected candidates have broader support and represent a wider range of viewpoints, since they are inclined to appeal to a larger portion of the electorate. It also reduces the need for strategic voting tactics, (voting for the “lesser evil” of two candidates rather than one’s preferred choice which may be considered a wasted vote). RCV helps address the issue of vote splitting, where two or more similar candidates can divide the votes of a particular constituency, leading to the victory of a less popular candidate. And, RCV has resulted in increased voter engagement and more positive campaigning, helping to strengthen our democracy. LWV has promoted and educated the public about RCV in jurisdictions across the country. In California, the League helped to defeat a bill which would have prohibited the use of RCV in state and local elections. Ranked Choice Voting is one of LWV San Diego’s priorities this year; we believe it contributes to creating a more robust democracy for voters. We hope the council will pursue a charter amendment that would allow for ranked choice voting to be adopted by the city of Chula Vista.

Robert Johnson

Dear City Officials, I would like to express my concern regarding the adoption of Ranked Choice Voting system. While it may seem like an appealing option at first, I strongly believe that it is not the best choice for our city. First and foremost, Ranked Choice Voting can often be confusing and complicated for the voters. The system requires the voter to rank candidates in order of preference, which is not always clear or straightforward. As a result, it may lead to a higher rate of spoiled ballots, which diminishes the legitimacy of the electoral process. Moreover, Ranked Choice Voting is also known to potentially reduce diversity and representation in elections. This happens because the system can lead to the exclusion of some minority or independent candidates that are popular among their base, but may not be the most favored overall. As a result, the political system may become more polarized and less representative of diverse interests and perspectives. It is also worth noting that Ranked Choice Voting can lead to longer wait times and more costs related to vote counting and tabulation. This can put an unnecessary burden on already stretched resources during the election cycle. Therefore, on behalf of all concerned in our city, I strongly encourage you, the city officials, to consider other alternative options that better serve the needs of the community. PAPER BALLOTS LOCALs RUN NO COMPUTERS which can be hacked NO MASS MAIL IN BALLOT Thank you for your attent

Charter Review Commission Vice Chair Buddingh gave spoke regarding the item.

City Council discussion ensued.

John Acosta, Chula Vista resident spoke regarding elections. 

The following members of the public spoke in opposition to ranked choice voting:

• Delia Dominguez-Cervantes, Chula Vista resident
• Mary Davis

Kim Knox submitted written communications in support of ranked choice voting.

Robert Johnson submitted written communications in opposition to ranked choice voting. 

7.

ACTION ITEMS

7.1

Eucalyptus Park: Approve the Park Master Plan for Renovation of Eucalyptus Park and Reallocate American Rescue Plan Act Funds to Capital Improvement Project PRK0340 (Eucalyptus Park) for Related Construction Costs

Mayor McCann stated he would abstain from voting on Item 7.1 due to a potential property-related conflict of interest. He left the dais during the discussion and voting on the item.

Landscape Architect McDonnell gave a presentation on the item. She and Director of Development Services Black responded to questions of the City Council. 

Steve Stenberg, Chula Vista resident, spoke regarding funding for the park. 

Michele Nojd submitted written communication in opposition to staff's recommendation. 

• Moved by Deputy Mayor Preciado
  Seconded by Councilmember Chavez

  To adopt Resolution No. 2023-074, the heading was read, text waived. The motion carried by the following vote:

  Yes (4)	Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez
  Abstain (1)	Mayor McCann

  Result, Carried (4 to 0)

  RESOLUTION NO. 2023-074 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING THE PARK MASTER PLAN FOR THE RENOVATION OF EUCALYPTUS PARK; (2) APPROVING A TENTH AMENDMENT TO THE AMERICAN RESCUE PLAN ACT SPENDING PLAN; AND (3) REALLOCATING FUNDS AND AMENDING THE AMERICAN RESCUE PLAN ACT BUDGET THEREFOR (4/5 VOTE REQUIRED)

  
  

7.2

Easement: Order the Summary Vacation of a Portion of a Public Service Easement Within the Otay River Business Park Specific Plan

Associate Engineer Phillips gave a presentation on the item.

• Moved by Deputy Mayor Preciado
  Seconded by Councilmember Cardenas

  To adopt Resolution No. 2023-075, the heading was read, text waived. The motion carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

  RESOLUTION NO. 2023-075 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC SERVICE EASEMENT RESERVED BY THE COUNTY OF SAN DIEGO WITHIN PARCEL 1 OF CERTIFICATE OF COMPLIANCE ER484 OF OTAY RIVER BUSINESS PARK

  
  

8.

CITY MANAGER’S REPORTS

There were none.

9.

MAYOR’S REPORTS

Mayor McCann spoke regarding the Norman Park Senior Center upgrades and his attendance at the opening of In & Out Burger on Main Street and recent graduation ceremonies in the City. 

10.

COUNCILMEMBERS’ COMMENTS

Deputy Mayor Preciado spoke regarding the City's Arts Master Plan, homelessness and recent visits to Harborside and Hilltop Parks.

Councilmember Chavez spoke regarding her attendance at the following recent events: graduations ceremonies in the City, the Chula Vista Fleet Reserve's memorial service honoring the fallen, and the National Latina Foundation mixer. She congratulated Assistant Police Captain Collum for being chose as a Pride honoree for the California Legislative LGBTQ Caucus and Assemblymember Alvarez for the unanimous passage of AB 837 through the California Assembly.

Councilmember Cardenas spoke in support of arts and culture in the City and extended Pride Month greetings.

10.1

Deputy Mayor Preciado:

Consideration of Potential Rescission of the City Council Action Taken to Appoint Jesse Navarro to the Measure A Citizens' Oversight Committee

Deputy Mayor Preciado spoke regarding the item.

The following members of the public spoke in opposition to the item:

• Mary Davis
• John Acosta, Chula Vista resident
• Robert Garcia, Chula Vista resident
• Delia Dominguez-Cervantes, Chula Vista resident 
• David Ardilla, San Diego resident
• Jesse Navarro, Chula Vista resident
• Alvaro La Rue 
• Joel Garcia

Marcy Weaver, representing the Chamber of Commerce, spoke regarding the Chamber's nominations for the seat.

City Council discussion ensued. 

• Moved by Deputy Mayor Preciado
  Seconded by Councilmember Cardenas

  To rescind the action taken on May 16, 2023 to appoint Jesse Navarro to the Measure A Citizens’ Oversight Committee.

  Yes (4)	Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez
  No (1)	Mayor McCann

  Result, Carried (4 to 1)

10.2

Councilmember Gonzalez:

Consider the formation of an ad hoc subcommittee for the purpose of informing the City's strategic plan and budget process.

Councilmember Gonzalez spoke regarding the item.

John Acosta, Chula Vista resident, spoke regarding the budget. 

• Moved by Councilmember Gonzalez
  Seconded by Deputy Mayor Preciado

  To form an ad hoc subcommittee consisting of Deputy Mayor Preciado and Councilmember Gonzalez for a period of 90 days for the purpose of informing the City's strategic plan and budget process.

  Yes (5)

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

  Result, Carried (5 to 0)

11.

CITY ATTORNEY'S REPORTS

There were none

12.

ADJOURNMENT

The meeting was adjourned at 7:19 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk