City of Chula Vista

Regular Meeting of the City Council

Meeting Minutes

Tuesday, July 19, 2022 at 5:00 P.m. - 6:00 P.m.

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

Present:

• Deputy Mayor Cardenas, 
• Councilmember Galvez, 
• Councilmember McCann, 
• Councilmember Padilla, 
• and Mayor Casillas Salas

Also Present:

• City Manager Kachadoorian, 
• City Attorney Googins, 
• City Clerk Bigelow, 
• and Assistant 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 5:07 p.m. via teleconference and in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.

City Clerk Bigelow announced that Deputy Mayor Cardenas was participating via teleconference and videoconference from the following location: 155 Walnut Drive, Chula Vista, CA 91911; and that all votes would be taken by roll call.

Deputy Mayor Cardenas stated she complied with all requirements of the Brown Act, including posting the agenda and assuring public accessibility to the location. She stated no members of the public were participating from her location.

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

4.1

Presentation by Chief Executive Officer Susan Guinn of the San Diego Regional Policy and Innovation Center

Chief Executive Officer Guinn gave a presentation on the item and responded to questions of the Council. 

5.

CONSENT CALENDAR (Items 5.1 through 5.10)

Human Resources Director Chase spoke briefly regarding Item 5.10.

City Attorney Googins announced that Councilmembers McCann and Padilla would abstain from voting on Item 5.8B due to potential property-related conflicts of interest.

City Clerk Bigelow announced that a request for an excused absence from Councilmember Padilla for the July 12, 2022 meeting had been distributed and would be considered under Item 5.3.

• Moved by Mayor Casillas Salas
  Seconded by Councilmember Galvez

  To approve the recommended actions appearing below consent calendar Items 5.1 through 5.8A and 5.10. The headings were read, text waived. The motion carried by the following vote:

  Yes (5)

  Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas

  Result, Carried (5 to 0)
• Moved by Mayor Casillas Salas
  Seconded by Councilmember Galvez

  To approve the recommended actions appearing below consent calendar Item 5.8B The headings were read, text waived. The motion carried by the following vote:

  Yes (3)	Mayor Casillas Salas, Councilmember Galvez, and Deputy Mayor Cardenas
  Abstain (2)	Councilmember Padilla, and Councilmember McCann

  Result, Carried (3 to 0)

5.1

Approval of Meeting Minutes

• Approve the minutes dated: November 16, 2021.

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.

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5.3

Consideration of Request for Excused Absences

• Approve an excused absence for Councilmember Padilla for the July 12, 2022 meeting.

5.4

Department of Housing and Urban Development Grant Funding: Appropriation of Funds for the 2022/23 Annual Action Plan 

• Adopt a resolution appropriating funds to execute the 2022/23 U.S. Department of Housing and Urban Development (“HUD”) annual spending plan for the Community Development Block Grant, HOME Investment Partnerships Program, and the Emergency Solutions Grant (the “Annual Action Plan”). (4/5 Vote Required)

  Item 5.4 headings:

  RESOLUTION NO. 2022-161 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FOR THE 2022/23 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SPENDING PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS PROGRAM, AND THE EMERGENCY SOLUTIONS GRANT (4/5 VOTE REQUIRED)

  
  

5.5

Emergency Services: Authorize Agents to Act on Behalf of the City to Obtain State or Federal Assistance and Reimbursement and Adopt the Required Cal OES (California Office of Emergency Services) Resolution

• Adopt a resolution designating authorized agents to act on behalf of the City for purposes of obtaining state or federal assistance and reimbursement and approving and adopting a required California Office of Emergency Services resolution, Cal OES 130.

  Item 5.5 headings:

  RESOLUTION NO. 2022-162 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AUTHORIZED AGENTS TO ACT ON BEHALF OF THE CITY FOR PURPOSES OF OBTAINING STATE OR FEDERAL ASSISTANCE AND APPROVING AND ADOPTING THE REQUIRED CAL OES 130 RESOLUTION

  
  

5.6

Grant Acceptance and Appropriation: Accept and Appropriate $68,022 from the U.S. Department of Homeland Security for the Fiscal Year 2021/22 Urban Areas Security Initiative Grant Program

• Adopt a resolution accepting grant funds in the amount of $68,022 from the U.S. Department of Homeland Security to be used for Urban Area Security Initiative training and appropriating the funds for that purpose. (4/5 Vote Required)

  Item 5.6 headings:

  RESOLUTION NO. 2022-163 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM (4/5 VOTE REQUIRED)

  
  

5.7

Agreement: Approve Agreement with The San Diego Foundation to Administer Grants to Small Businesses and Nonprofits in the City of Chula Vista

• Adopt a resolution approving an agreement with The San Diego Foundation for administration for the $3.6 million Chula Vista American Rescue Plan Act Small Business and Nonprofit Relief Grant Program to aid in economic recovery and appropriating up to $252,000 for administration. (4/5 Vote Required)

  Item 5.7 headings:

  RESOLUTION NO. 2022-164 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE SAN DIEGO FOUNDATION FOR ADMINISTRATION OF THE CHULA VISTA AMERICAN RESCUE PLAN ACT DIRECT GRANTS FOR A SMALL BUSINESSES AND NON-PROFIT RELIEF GRANT PROGRAM; AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

5.8

Community Facilities Districts: Approve the Levy of Special Taxes and Collectibles for Fiscal Year 2022/23

• Adopt resolutions A) Levying special taxes to be collected to pay the costs of facilities and services for Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 13-M, 14-M, 14-M2, 16-I, 17-I, 18-M and 19-M within the City of Chula Vista and designating the Director of Finance to file a list of taxes to be levied on each parcel with the County auditor each year; and

  B) Levying special taxes to be collected to pay the costs of facilities and services for Community Facilities Districts 06-I and 07-M within the City of Chula Vista and designating the Director of Finance to file a list of taxes to be levied on each parcel with the County auditor each year.

  Item 5.8 headings:

  A) RESOLUTION NO. 2022-165 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 13-M, 14-M, 14-M2, 16-I, 17-I, 18-M, AND 19-M WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE DIRECTOR OF FINANCE TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR

  B) RESOLUTION NO. 2022-166 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS 06-I AND 07-M WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE DIRECTOR OF FINANCE TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR

  
  

5.9

Grant Award and Appropriation: Accept a Grant from the California Board of State and Community Corrections for California Violence Intervention and Prevention Grant Program and Appropriate Funds

• Adopt resolutions A) Accepting $1,728,456 in grant funds from the California Board of State and Community Corrections, adding one Peace Officer to the authorized staffing level of the Police Department, and appropriating $573,016 to the Police Grants Section of the State Grants Fund for California Violence Intervention and Prevention (CalVIP) Grant Program (4/5 Vote Required); 

  B) Approving an agreement with the California Board of State and Community Corrections for the California Violence and Prevention (CalVIP) Grant Program; and

  C) Approving agreements with SBCS and San Diego Association of Governments for the California Violence and Prevention (CalVIP) Grant Program.

  Item 5.9 headings:

  A) RESOLUTION NO. 2022-167 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $1,728,456 FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS, ADDING ONE PEACE OFFICER TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  B) RESOLUTION NO. 2022-168 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND THE BOARD OF STATE COMMUNITY CORRECTIONS FOR THE CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION GRANT PROGRAM

  C) RESOLUTION NO. 2022-169 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS WITH SBCS CORPORATION AND THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION GRANT PROGRAM

   

  
  

5.10

Bargaining Agreement Funding and Positions: Budget Amendments Relating to the Memorandum of Understanding with IAFF Local 2180 and an Ordinance Related to Unclassified Positions

• Adopt a resolution making various amendments to the Fiscal Year 2022/23 budget to appropriate funds for the Memorandum of Understanding with IAFF Local 2180 and changes approved by the City Council at its July 12, 2022 meeting. (4/5 Vote Required)

  Place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Bayfront Development Project Manager. (First Reading) (4/5 Vote Required)

  Item 5.10 headings:

  RESOLUTION NO. 2022-170 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2022/23 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 BAYFRONT DEVELOPMENT PROJECT MANAGER (FIRST READING) (4/5 VOTE REQUIRED)

  
  

6.

PUBLIC COMMENTS

Robert Johnson

do teachers take their masks off to speak to students? do kids take their masks off to speak nope yalll just hypocrites live on the internet.. and you have power/// remember we will sue all of you for person misappropriation of power ... you have no right to require masks and beyond that yall break ur rules right in front of us.... we coming for your jobs.

Carol Green spoke regarding Sesame Place relative to diversity and inclusion. She also spoke in support of a flavored tobacco ordinance.

Robert Johnson submitted written communications regarding masks. 

7.

BOARD AND COMMISSION REPORTS

7.1

Measure P Citizens’ Oversight Committee Presentation: Annual Report Covering Reporting Period of July 1, 2020, through June 30, 2021, and an Update of Measure P Projects

Measure P  Citizen's Oversight Committee Chair Garcias gave a presentation on the item.  

8.

PUBLIC HEARINGS

8.1

Open Space Maintenance Districts: Approve Levying the Assessments and Collectibles for Fiscal Year 2022/23

Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice.

Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing.

City Attorney Googins announced that the following Councilmembers would abstain from voting on the items indicated due to potential property-related conflicts of interest: Mayor Casillas Salas on Item 8.1B and E; Councilmember McCann on 8.1C and E; and Councilmember Padilla 8.1D.

• Moved by Mayor Casillas Salas
  Seconded by Councilmember McCann

  To adopt Resolution No. 2022-171, heading read, text waived. The motion carried by the following roll call vote:

  Yes (5)

  Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas

  Result, Carried (5 to 0)

  Item 8.1A heading:

  A) RESOLUTION NO. 2022-171 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR FISCAL YEAR 2022/23 FOR OPEN SPACE DISTRICTS 2 THROUGH 8, 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 6, 8 AND 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONES A, B, AND D), AND BAY BOULEVARD MAINTENANCE DISTRICT

  
  
• Moved by Councilmember Galvez
  Seconded by Councilmember Padilla

  To adopt Resolution No. 2022-172, heading read, text waived. The motion carried by the following roll call vote:

  Yes (4)	Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas
  Abstain (1)	Mayor Casillas Salas

  Result, Carried (4 to 0)

  Item 8.1B heading:

  B) RESOLUTION NO. 2022-172 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR FISCAL YEAR 2022/23 FOR OPEN SPACE DISTRICT 9, OPEN SPACE DISTRICT 10, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE E), AND TOWN CENTRE MAINTENANCE DISTRICT

  
  
• Moved by Mayor Casillas Salas
  Seconded by Deputy Mayor Cardenas

  To adopt Resolution No. 2022-173, heading read, text waived. The motion carried by the following roll call vote:

  Yes (4)	Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, and Deputy Mayor Cardenas
  Abstain (1)	Councilmember McCann

  Result, Carried (4 to 0)

  Item 8.1C heading:

  C) RESOLUTION NO. 2022-173 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR FISCAL YEAR 2022/23 FOR OPEN SPACE DISTRICT 1

  
  
• Moved by Mayor Casillas Salas
  Seconded by Councilmember McCann

  To adopt Resolution No. 2022-174, heading read, text waived. The motion carried by the following roll call vote:

  Yes (4)	Mayor Casillas Salas, Councilmember Galvez, Councilmember McCann, and Deputy Mayor Cardenas
  Abstain (1)	Councilmember Padilla

  Result, Carried (4 to 0)

  Item 8.1D heading:

  D) RESOLUTION NO. 2022-174 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR FISCAL YEAR 2022/23 FOR OPEN SPACE DISTRICT EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE C)

  
  
• Moved by Councilmember Galvez
  Seconded by Councilmember Padilla

  To adopt a Resolution No. 2022-175, heading read, text waived. The motion carried by the following roll call vote:

  Yes (3)	Councilmember Galvez, Councilmember Padilla, and Deputy Mayor Cardenas
  Abstain (2)	Mayor Casillas Salas, and Councilmember McCann

  Result, Carried (3 to 0)

  ITEM 8.1E HEADINGS:

  E) RESOLUTION NO. 2022-175 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR FISCAL YEAR 2022/23 FOR OPEN SPACE DISTRICT 20, ZONE 7

  
  

9.

ACTION ITEMS

9.1

Agreement: Approve an Agreement with Tribesy Consulting to Perform Outreach and Assessments to Develop a Justice, Equity, Diversity and Inclusion Action Plan

Special Projects Manager Evans gave a presentation on the item and responded to questions of the Council.

• Moved by Councilmember Padilla
  Seconded by Deputy Mayor Cardenas

  To adopt a Resolution No. 2022-176, heading read, text waived. The motion carried by the following roll call vote:

  Yes (5)

  Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas

  Result, Carried (5 to 0)

  ITEM 9.1 HEADING:

  RESOLUTION NO. 2022-176 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND TRIBESY CONSULTING TO PROVIDE JUSTICE, EQUITY, DIVERSITY, AND INCLUSION (JEDI) CONSULTING SERVICES INCLUDING CREATION OF A JEDI ACTION PLAN

  
  

10.

CITY MANAGER’S REPORTS

City Manager Kachadoorian provided an update on the Technology and Privacy Advisory Task Force.

11.

MAYOR’S REPORTS

Mayor Casillas Salas spoke regarding her attendance at the following recent events: Women in Leadership at University of San Diego; Mariachi Museum at Southwestern College; the Pride Parade; and the ribbon cutting for Jeffers elementary school. 

12.

COUNCILMEMBERS’ COMMENTS

At the request of Councilmember Galvez there was a consensus of the Council to consider endorsement of a request from Department of Homeland Security to maintain access at Friendship Park. 

Councilmember Padilla congratulated Executive Director Fernando Lopez, representing San Diego Pride for his work on the first Pride Festival, since the pandemic and spoke of additional Pride events.

Councilmember McCann spoke regarding the following recent events: the Bridge Shelter groundbreaking; ribbon cutting for Jeffers Elementary; and Coffee with a Councilmember.

Deputy Mayor Cardenas spoke regarding her attendance at the National Association of Elected Latinos Conference.

13.

CITY ATTORNEY'S REPORTS

13.1

Supplemental Report Out on Republic Services Settlement Agreement, Finalized on June 13, 2022

City Attorney Googins spoke regarding the item. 

John Moot spoke on behalf of Russ Hall regarding the settlement agreement. 

Councilmember Padilla stated he would not have voted to support the agreement.

13.2

Report Out on Charter Review Commission Meeting of July 13, 2022

City Attorney Googins gave a report regarding the July 13, 2022 ,Charter Review Commission meeting related to the charter review update and responded to questions of the Council.

14.

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 Salas recessed the meeting at 6:36 p.m. The Council convened in Closed Session at 6:44 p.m., with all members present.

14.1

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

• A) Name of case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-00017713-CU-MC-CTL.

  ACTION: No Reportable Action

  B) 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

  C) Name of case: Alma Chidester, et al. v. Marianne Rante, et al., San Diego Superior Court, Case No. 37-2021-00014114-CU-PA-CTL.

  ACTION: Item not discussed.

  D) Name of Case: Zoraida  Baiza, et al. v . City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2021-5268-CU-PO-CTL. 

  ACTION: No Reportable Action

  
  

15.

ADJOURNMENT

The meeting was adjourned at 7:32 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk