City of Chula Vista

Regular Meeting of the City Council

Meeting Minutes

Tuesday, May 16, 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, 
• City Clerk Bigelow, 
• and Assistant City Clerk Turner 

Others Present

• 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.

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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 5:14 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.

2.

ROLL CALL

Assistant City Clerk Turner 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

Presentation of a Proclamation to Acting Parks Administrator Gilbert Contreras Proclaiming May 20, 2023, as Kids to Parks Day in the City of Chula Vista

Acting Parks Administrator Contreras spoke regarding the item. Mayor McCann read the proclamation and Councilmember Chavez presented it to Acting Parks Administrator Contreras.

4.2

Presentation of a Proclamation Announcing the Opening of Chula Vista Village at Otay and Thanking Funders and Contributors to the City's First Emergency Bridge Shelter

Marlon James

Congratulations to City staff for all of their hard work on this. Please post information on your website so that other agencies/citizens can make referrals.

Alan C

5.7 MILLION DOLLARS to so called "Non Profit" from another county to monitor the Otay Bridge Shelter. Why were funds not utilized for a LOCAL contract to keep our tax dollars spent in our community? The homeless shelter useless if no job application enforced. The time limit to vacate within 90 days should also include a 60 day get a job requirement to get out of homeless cycle.

Mayor McCann read the proclamation. He and Councilmember Cardenas presented it to Homeless Services Manager Davis.

Marlon James submitted written communications in support of the item.

Alan C. submitted written communications in opposition to the item. 

4.3

Presentation of a Proclamation to The Us for Warriors Foundation and Chula Vista Military and Veterans Proclaiming May 2023 as Military Appreciation Month in the City of Chula Vista

Mayor McCann read the proclamation and Councilmember Cardenas presented it to Tony Stewart, representing the American Legion. 

4.4

Presentation of a Proclamation to Building Services Supervisor Mel Garcia and Members of the Custodial Group Proclaiming May 21 through 27, 2023, Public Works Week in the City of Chula Vista

Mayor McCann read the proclamation and Councilmember Gonzalez presented it to Building Services Supervisor Garcia.

5.

CONSENT CALENDAR (Items 5.1 through 5.9)

Acting City Attorney Maland announced that the following City Councilmembers would abstain from voting on the items indicated due to potential property-related conflicts of interest: Mayor McCann on Item 5.5C and Deputy Mayor Preciado on Item 5.5D.

Items 5.7 and 5.9 were removed from the Consent Calendar by a member of the public and Deputy Mayor Preciado respectively.

• Moved by Deputy Mayor Preciado
  Seconded by Councilmember Cardenas

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

  Items 5.1 through 5.5B, Item 5.6 and Item 5.8:

  Yes (5)

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

  Result, Carried (5 to 0)
• Moved by Deputy Mayor Preciado
  Seconded by Councilmember Cardenas

  Item 5.5C:

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

  Result, Carried (4 to 0)
• Moved by Deputy Mayor Preciado
  Seconded by Councilmember Cardenas

  Item 5.5D:

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

  Result, Carried (4 to 0)

5.1

Approval of Meeting Minutes

• Approve the minutes dated: May 9, 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

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

5.4

Agreement: Approve the Second Amended and Restated Agreement Between the City and SCG - Spicer Consulting Group, LLC. for Special Tax Consultant Services

• Adopt a resolution approving the second amended and restated agreement between the City and SCG – Spicer Consulting Group, LLC for special tax consultant services to extend the agreement through September 30, 2023 and increase the compensation amount from $1,000,000 to $1,037,243.

  RESOLUTION NO. 2023-049 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDED AND RESTATED CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND SCG – SPICER CONSULTING GROUP, LLC.

  
  

5.5

Open Space Districts: Initiate Proceedings, Approve the Engineer’s Report, Declare the Intention to Levy and Collect Assessments for the Open Space Districts for Fiscal Year 2023-24, and Set a Public Hearing

• Adopt resolutions A) Initiating proceedings for the levy and collection of assessments for Fiscal Year 2023/24 for Open Space Districts 1 through 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, Eastlake, Town Centre Maintenance District, and Bay Boulevard pursuant to the Landscaping and Lighting Act of 1972; B) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a public hearing for July 11, 2023, regarding the Fiscal Year 2023/24 assessments for Open Space Districts 2 through 10, 14, 15, 17, 18, 20 (Zones 1 through 6, 8, And 9), 23, 24, 26, 31, 33, Eastlake Maintenance District No 1, Town Centre Maintenance District, and Bay Boulevard Maintenance District; C) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a public hearing for July 11, 2023, regarding the Fiscal Year 2023/24 assessments for Open Space District 1 and Open Space District 20 Zone 7; and D) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a public hearing for July 11, 2023, regarding the Fiscal Year 2023/24 assessments for Open Space District 11.

  A) RESOLUTION NO. 2023-050 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023-24 FOR OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, EASTLAKE, TOWN CENTRE, AND BAY BOULEVARD OF THE CITY OF CHULA VISTA PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972

  B) RESOLUTION NO. 2023-051 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2023-24 ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 10, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 6, 8, AND 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO 1, TOWN CENTRE, AND BAY BOULEVARD MAINTENANCE DISTRICT 

  C) RESOLUTION NO. 2023-052 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2023-24 ASSESSMENTS FOR OPEN SPACE DISTRICT 1 AND OPEN SPACE DISTRICT 20 ZONE 7

  D) RESOLUTION NO. 2023-053 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2023-24 ASSESSMENTS FOR OPEN SPACE DISTRICT 11

   

  
  

5.6

Agreement: Approve a Sixth Amendment to the Agreement with the Accounting Firm of Lance Soll and Lunghard, LLP to Provide Audit Services

• Adopt a resolution approving an amendment to the agreement between City and the accounting firm Lance Soll and Lunghard, LLP for audit services for Fiscal Year 2022-23.

  RESOLUTION NO. 2023-054 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SIXTH AMENDMENT TO THE AGREEMENT WITH THE ACCOUNTING FIRM OF LANCE, SOLL AND LUNGHARD, LLP TO PROVIDE AUDIT SERVICES

  
  

ITEMS REMOVED FROM THE CONSENT CALENDAR

5.7

Agreements: Approve a Form of Agreement with Touchstone Golf, LLC for Management of the Chula Vista Golf Course and Authorize the City Manager to Enter into an Agreement with Huntington National Bank for the Lease of 80 Golf Carts

Alan C

Instead of annual lease, just purchase the carts for a better long investment. I random online searched three golf carts price of $7,499, $8,999 and $10,499. https://golfcarts.com

Alan C. submitted written communications and spoke in opposition to staff's recommendation. 

• Moved by Mayor McCann
  Seconded by Councilmember Gonzalez

  To adopt Resolution Nos. 2023-055 and 2023-056, headings 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)

  A) RESOLUTION NO 2023-055 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FORM OF AGREEMENT WITH TOUCHSTONE GOLF, LLC FOR PROFESSIONAL MANAGEMENT SERVICES FOR THE CHULA VISTA GOLF COURSE

  B) RESOLUTION NO. 2023-056 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING EXECUTION AND DELIVERY OF A LEASE AGREEMENT AND APPROVING RELATED DOCUMENTS AND ACTIONS

  
  

5.8

Agreement: Accept Proposals and Award an Agreement with PSC Investigations LLC to Provide Background Investigative Services

• Adopt a resolution accepting proposals and awarding an agreement to PSC Investigations LLC to provide background investigative services.

  RESOLUTION NO 2023-057 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS AND AWARDING AN AGREEMENT TO PSC INVESTIGATIONS LLC TO PROVIDE BACKGROUND INVESTIGATIVE SERVICES

  
  

5.9

Contracted Janitorial Services: Approve the First Amendment with Nova Commercial to Increase the Maximum Contract Amount and Add Additional Facilities

City CLerk

Testing eComments

Sofia Martinez spoke in opposition to staff's recommendation.

Assistant Public Works Director Aguilar gave a presentation on the item. She and Public Works Director Little responded to questions from the City Council.

City Council discussion ensued.

• Moved by Mayor McCann
  Seconded by Councilmember Chavez

  To adopt Resolution No. 2023-058, with the commitment from staff to return to City Council within six months with a memorandum of any findings related to responsible sub-contracting. 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. 2023-058 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND NOVA COMMERCIAL FOR JANITORIAL SERVICES FOR MULTIPLE FACILITIES 

  Mayor McCann recessed the meeting at 6:16 p.m. The City Council reconvened at 6:23 p.m., with all members present.

  
  

6.

PUBLIC COMMENTS

Brandon Claypool, Chula Vista resident, spoke regarding homelessness and the opening of the bridge shelter.

John Acosta, Chula Vista resident, spoke regarding Councilmembers.

Marianna Saponara, representing Nacion Crusaders, spoke regarding traffic on Nacion Avenue.

Jeff Redendo, Chula Vista resident, spoke regarding the permitting process for residential development.

Raquel Almeda, representing Club Libertad y Ley, spoke regarding an upcoming carnival in Memorial Park.

Christine Brady, Chula Vista resident, spoke in support of Arts and Culture in the City. 

Alan C. spoke regarding the bridge shelter and the public commenting process. 

7.

ACTION ITEMS

7.1

Harborside Park and American Rescue Plan Act (ARPA): Approve an ARPA Spending Plan Amendment to Provide Park Improvements to Reopen Harborside Park

CV Resident

City Council should consider entering into a MOU/MOA with the school district and County HHSA to ensure they do their part for the long term viability of the park. Also, the County has their reinvestment pool of funds (https://www.sandiegocounty.gov/auditor/nrp.html) that can be used to pay for some of these improvements.

Housing and Homeless Services Director Kurz gave a presentation on the item.  She and City Manager Kachadoorian responded to questions from the City Council.

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

Alan C. spoke on behalf of Brandon Claypool, regarding safety at Harborside Park.

Marianna Saponara, Chula Vista resident, spoke regarding safety and art programs at Harborside Park.

Christine Brady, Chula Vista resident, spoke in support of space for art and fitness at Harborside Park.

CV Resident submitted written communications in support of an MOU/MOA with the school district and County.

Council discussion ensued. 

• Moved by Councilmember Cardenas
  Seconded by Deputy Mayor Preciado

  To direct staff to evaluate and provide recommendations to City Council on 1) a joint use agreement with the Chula Vista Elementary School District to provide additional use and oversight of Harborside Park and maintain community access; and 2) options to declare the Harborside Park space surplus land and to require future developments to address community needs, such as including a recreational facility on the site. The motion carried by the following vote:

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

  Result, Carried (4 to 1)

8.

CITY MANAGER’S REPORTS

There were none.

9.

MAYOR’S REPORTS

Mayor McCann spoke regarding his attendance at the ribbon cutting for the Chula Vista Village at Otay Bridge Shelter and thanked staff and the community for their efforts.

9.1

Ratification of Appointments to the Following Commissions:

- Citizens' Oversight Committee - Measure A 
   Jesse Navarro

- Human Relations Commission
   Christian Gomez

Deputy Mayor Preciado offered a substitute motion to appoint Christian Gomez to the Human Relations Commission and to table the appointment of Jesse Navarro to the Measure A Citizens' Oversight Committee.

Mayor McCann announced that the City Council would bifurcate the motion to consider the ratifications separately.

Council discussion ensued. 

• Moved by Mayor McCann
  Seconded by Deputy Mayor Preciado

  To ratify the appointment of Christian Gomez to the Human Relations Commission. 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)
• Moved by Mayor McCann
  Seconded by Councilmember Gonzalez

  To ratify the appointment of Jesse Navarro to the Measure A Citizens’ Oversight Committee. The motion carried by the following vote: 

   

  Yes (3)	Mayor McCann, Councilmember Chavez, and Councilmember Gonzalez
  No (2)	Councilmember Cardenas, and Deputy Mayor Preciado

  Result, Carried (3 to 2)

  City Clerk note regarding the action to appoint Jesse Navarro to the Measure A Citizens’ Oversight Committee: Councilmember Chavez stated she would abstain from voting and designated her vote by the use of the amber/abstain electronic voting indicator. Councilmember Chavez did not state a reason for abstaining, therefore, in accordance with Chula Vista Municipal Code Section 2.04.550(A), the vote was recorded as an affirmative vote.

  
  

10.

COUNCILMEMBERS’ COMMENTS

Councilmember Gonzalez thanked Republic Services for a recent tour of the Chula Vista landfill and voiced his support for arts and culture in the City.

Councilmember Chavez spoke regarding the direction of the Economic Development and Binational Affairs ad-hoc committee. She also spoke regarding establishing a long-term vision for the Chula Vista golf course.

Deputy Mayor Preciado spoke regarding his attendance at a tour of Chula Vista parks and the ribbon cutting for the Chula Vista Village at Otay Bridge Shelter. He thanked Mayor McCann and Councilmember Cardenas for their leadership efforts related to the bridge shelter. Deputy Mayor Preciado also spoke in support of scheduling a strategic planning meeting to address tourism.

Councilmember Cardenas spoke regarding her attendance at the ribbon cutting for the Chula Vista Village at Otay Bridge Shelter and thanked staff and the community for their efforts.

11.

CITY ATTORNEY'S REPORTS

There were none.

12.

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 8:10 p.m. The City Council convened in Closed Session at 8:25 p.m., with all members present.

12.1

Conference with Labor Negotiators Pursuant to Government Code Section 54957.6

Concerned Resident with a Family

The publics safety should be the #1 priority and necessity for any city government. Both Police and Fire are the Public Safety, and both should be treated fairly. They both provide the safety and security that we need and deserve. We must remember that they are both hourly positions not salaried and should be compensated fairly for every hour they are on the clock.

Mary Jo Ornelas

We depend on our firefighters and they need to be treated fairly! Yes on 5% and parity!

Concerned Resident

Prop A passed with only 53%. The “public” didn’t trust it going into the General Fund. Since the early 80’s, CVFD has been the department firefighters from all over the county have transferred to.Top pay, great benefits, working conditions, great city to work in. CVFD is in the top 10% pay wise across the county. While I support making Public Safety a good paying job, their are some FD Capt’s & 1 Bat.Chief in general that make almost what both the PC & FC make yearly. We need to beef up our Police Pay first! Beef up the lost staffing in the ACE Union, before giving Fire more money. Public Safety has 72% of the monthly budget now. The IAFF local says they know there will be layoffs in order to achieve Pay Parity. ACE usually takes the majority of these layoffs. FD needs to lay off support staffs too if they want a raise. Then the IAFF Local can go to each dept in the city & explain why laying off workers makes sense, so that Fire can get a huge raise. See how much support they get! We should build up those ACE positions that we lost after the last public safety raise. Fire/PD got a 5% raise each in 22. Start building up the Public Workers jobs lost over the years. The IAFF Pres made over $320,000 in pay and wants the city to give his FF’s a 17.5% to 47% yearly pay bump. Just the FD! One Fire Capt made $10K more than the Fire Chief. Seems they are way past pay parity already! How much are the rank and file ACE workers making to just survive? Not $200-300K!

Yvonne

If health concerns like cancer are the main issue, let's lobby manufacturer and industry standards to find better materials and substances. This is an OSHA issue.

Concerned Employee

Take a look at Transparent California and see just how much these fire guys make. The most recent year shows 8 firefighters made more money than the Fire Chief!! 2 of them made over $418,000!!! 14 of them made over $302,000!!! While the rest of us City workers are struggling to keep up with the cost of living, these guys are making more money than my entire household put together. But yeah they need more money. When will the City stand up to these guys? They take most of the Measure P money on equipment they don’t use and the Fire Union didn’t even support Measure P when it was on the ballot. They never support the City, so why does City management bend over backwards for these guys. I wasn’t excited to hear PD was getting in contract raises, but I understood with they said they are addressing city departments with staffing issues. Fire does not have staffing concerns and should not be part of this conversation.

Concerned employee

Wow this is on the agenda again? Have the fire guys not cried enough? Lets look at how much money the firefighters made who spoke last week per Transparent California: David Albright $354, 673 - Darrell Roberts $332,726 - David Acosta $262, 504 - Javier Araiza $226,815. But they say they need more money? Do the local laborers who were there trying to get a PLA so they can even get work, know how much these guys they came to support get paid to sleep, watch TV and work out on duty? As a long time union member of this city I always think I have seen it all with these guys. But now they bring in their labor council friends to further their attempt at intimidating the council members who they haven't bought and paid for? Looking at you Preciado. We all know the fire guys own you. At least you can do is try and hide it. Cant wait to watch their antics this week. Let's see how bad they embarrass themselves and the city this time. Hopefully the council is discussing pay raises for ALL groups in closed session, and not just the cry babies.

Steve Stenberg, Chula Vista resident spoke regarding pay parity for public safety positions. 

Alan C. spoke regarding pay parity for public safety positions and the process for closed session items.

The following members of the public submitted written communications regarding pay parity for safety positions:

• Concerned resident with family
• Mary Jo Ornelas
• Concerned resident
• Yvonne
• Concerned employee
• Concerned employee

• Agency designated representatives: Maria Kachadoorian, Tiffany Allen, Courtney Chase, Tanya Tomlinson, Sarah Schoen, Edward Prendell, and Steven Berliner

  Employee organization: ACE, IAFF, NIAF, MM/PR, POA, WCE and unrepresented employees.

   

  Action: No Reportable Action

  
  

13.

ADJOURNMENT

The meeting was adjourned at 9:30 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk