City of Chula Vista

Regular Meeting of the City Council

Meeting Minutes

Tuesday, April 12, 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, 
• 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. 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 McCann led the Pledge of Allegiance.

Mayor Casillas Salas called for a moment of silence for the people of Ukraine. 

4.

SPECIAL ORDERS OF THE DAY

4.1

Presentation of a Proclamation Proclaiming April 10th through 16th, 2022 as National Public Safety Telecommunications Week in the City of Chula Vista

Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Communications Operator Miguel Armenta, accepting on behalf of the Chula Vista Police Department. 

4.2

Presentation of a Proclamation to CSA San Diego County Proclaiming April 2022 as Fair Housing Month in the City of Chula Vista and Announcement of the Upcoming Fair Housing Events

Mayor Casillas Salas read the proclamation and Deputy Mayor Cardenas presented it to Estela De Los Rios, representing CSA San Diego. 

4.3

Presentation of a Proclamation to the Public Works Department, Proclaiming Friday, April 29, 2022 as Arbor Day in the City of Chula Vista

Mayor Casillas Salas read the proclamation and Councilmember Galvez presented it to Assistant Director of Public Works Aguilar and Open Space Manager Oludunfe.

5.

CONSENT CALENDAR (Items 5.1 through 5.7)

• To approve the recommended actions appearing below consent calendar Items 5.1 through 5.7. 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)

5.1

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.

5.2

Consideration of Request for Excused Absences

• Consider requests for excused absences as appropriate.

5.3

Consultant Agreement: Waiving Competitive Bid Requirements; Approval of an Agreement with B. Adair Consulting for On-Call Federal and State Grant Administration Support Services; and Making Attendant Budget Transfers

• Adopt a resolution (1) waiving competitive bidding requirements; (2) approving an agreement with B. Adair Consulting for on-call grant management support services for the City of Chula Vista’s Federal and State grant programs, with a maximum contract period of five years and a not to exceed amount of $300,000; (3) approving a budget transfer of $100,000 from the Other Expenses category to the Supplies & Services category in the Housing Division Grant Administration funds under the Federal Grants Fund for Community Development Block Grant (CDBG) Operations; and (4) authorizing a budget transfer for that purpose. 

  RESOLUTION NO. 2022-074 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: (1) WAIVING THE COMPETITIVE FORMAL BID REQUIREMENTS; (2) APPROVING AN AGREEMENT BETWEEN THE CITY AND B. ADAIR CONSULTING FOR ON-CALL PROGRAM CONSULTATION AND PROGRAM MANAGEMENT SUPPORT SERVICES; (3) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE INITIAL AGREEMENT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE FOUR ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT; AND (4) AUTHORIZING A BUDGET TRANSFER THEREOF (4/5 VOTE REQUIRED)

  
  

5.4

Grant Award: Accept Grant from U.S. Department of Justice, Bureau of Justice Assistance for Smart Policing Initiative

• Adopt a resolution accepting $40,000 in grant funds and appropriating $20,000 to the Police Grants Section of the Federal Grants Fund for the 2021 Bureau of Justice Assistance (BJA) Smart Policing Initiative.

  RESOLUTION NO. 2022-075 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $40,000 FROM THE UNITED STATES DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE FOR THE SMART POLICING INITIATIVE AND APPROPRIATING $20,000 TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND (4/5 VOTE REQUIRED)

  
  

5.5

Grant Award: Accept Grant from U.S. Department of Homeland Security for Operation Stonegarden

Margaret Baker

On behalf of South Bay People Power, I write in strong opposition to the Operation Stonegarden grant. We urge Chula Vista to disentangle itself from federal immigration agencies & programs like Operation Stonegarden that racially profile Latino & immigrant members of our community. Operation Stonegarden lacks oversight & transparency & takes advantage of loopholes in laws such as SB 54 to lure local law enforcement with grants to collaborate in joint operations with agencies of the Department of Homeland Security that routinely over-police, criminalize and terrorize our community. As a volunteer with San Diego Rapid Response Network, I have personally witnessed the terror and utter disregard for human life perpetrated by ICE & other DHS agencies in my community, specifically, pointing guns at US citizen children, spying on our neighbors, breaking down doors without presenting judicial warrants, arresting people without cause, and during the COVID pandemic, arresting people without the proper use of PPE - endangering our community and the local CVPD officers with whom they interacted just blocks from my home. The types of DHS surveillance and raids that I have witnessed are not operations we should partner with in our community. We urge you to reject the DHS Operation Stonegarden grant and its incentive to collaborate in immigration enforcement activities that contradict our shared values of inclusiveness and safety for all members of our community.

Margaret Baker submitted written comments in opposition to staff's recommendation on the item.

• Adopt a resolution accepting $180,000 from the U.S. Department of Homeland Security for Operation Stonegarden.

  RESOLUTION NO. 2022-076 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $180,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY FOR OPERATION STONEGARDEN

  
  

5.6

Open Space Landscaping Services: Approve First Amendment with Aztec Landscaping, Inc. to Increase Maximum Contract Amount

• Adopt a resolution approving the first amendment to the agreement with Aztec Landscaping, Inc., for on-call landscaping services to increase the maximum not-to-exceed contract amount from $1,000,000 to $2,000,000 over the 5-year term of the agreement.

  RESOLUTION NO. 2022-077 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND AZTEC LANDSCAPING, INC. FOR ON-CALL OPEN SPACE LANDSCAPE SERVICES

  
  

5.7

Amendment and Approval of Classification Plan and Compensation Schedule: Amendment and Approval of Amended Compensation Summary for Unrepresented Employees, and Appropriating Funds for That Purpose

• Adopt resolutions A) amending the Compensation Schedule and Classification Plan to reflect the addition and deletion of various position titles and amending the authorized position count in various departments; B) amending the Compensation Summary for Unrepresented Employees; C) approving the revised Fiscal Year 2021-2022 Compensation Schedule effective April 22, 2022, as required by the California Code of Regulations, Title 2, Section 570.5; and D) appropriating funds for that purpose. 

  A) RESOLUTION NO. 2022-078 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND DELETION OF VARIOUS POSITION TITLES AND AMENDING THE AUTHORIZED POSITION COUNT WITH NO NET INCREASE IN AUTHORIZED STAFFING

  B) RESOLUTION NO. 2022-079 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR UNREPRESENTED EMPLOYEES INCLUDING AUTHORIZATION FOR THE MAYOR TO EXECUTE ANY NECESSARY CONTRACT AMENDMENTS TO IMPLEMENT SAID AMENDED COMPENSATION SUMMARY

  C) RESOLUTION NO. 2022-080 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2021-2022 COMPENSATION SCHEDULE EFFECTIVE APRIL 22, 2022, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5

  D) RESOLUTION NO. 2022-081 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2021/22 BUDGET FOR APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

6.

PUBLIC COMMENTS

George Ching, Chula Vista resident, announced a community shredding event.

William Perno, Chula Vista resident, spoke anti-drug education and resources.

The following individuals spoke regarding construction tax fraud:

- Jesse Garcia, representing the Carpenters Union 619

- Javier Santizo, representing the Carpenters Union 619

- Christopher Allen, representing the Southwest Regional Council of Carpenters

7.

PUBLIC HEARINGS

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

7.1

Proposed Federal Grant Funding: Recommendations for the 2022/2023 Annual Action Plan

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

Principal Management Analyst Davis and Management Analyst Barnard gave a presentation on the item.

Mayor Casillas Salas opened the public hearing.

Kelly Douglas, representing Voices for Children, spoke in support of the item.

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

• Moved by Mayor Casillas Salas
  Seconded by Councilmember McCann

  To accept the report. 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)

8.

ACTION ITEMS

8.1

Tenant Protections: Update on Residential Housing Provider and Tenant Discussions and Direct the City Manager or Designee to Enter into an Agreement with CSA San Diego County to Provide Fair Housing and Landlord/Tenant Ombudsman Services

Resident

The City should look to support AB 2240 to expand tenant protections under state law.

Long Time Chula Vista resident

City of Chula Vista does NOT have local protections to protect tenants - only statewide protections and they are limited. The statewide protections leave room for local governments to pass something stronger. We call on our elected officials to take permanent steps to protect renters in Chula Vista with the ordinance that the City has been drafting with input from local residents. At a minimum, Council needs to follow the lead of the City of San Diego with their new moratorium on no-fault evictions that will extend until Sept. 30, or 60 days after the end of the local pandemic state of emergency, whichever comes first. CSA focuses on tenant education on fair housing, but this proposed action will not stop landlords from abusing the no-fault eviction loopholes in current law. Instead, funds should be allocated for eviction defense. Also, tenant education is great, and we are glad the city cares about education, but this is NOT a permanent solution to keep people housed. We need permanent laws. There will be no evictions stopped because of a fair housing complaint. Please take action that truly protects renters in our community.

CV Resident

Oppose Tenant Protections. Support education and outreach for residents. As stated in the report, the City should look to balance needs of all parties (tenants and property owners/landlords). The area of landlord tenant relations is traditionally handled by the State under Civil Code 1940-1954.05, encompassing AB 1482-California Tenant Protection Act. Additional legislation (AB 2713) is currently pending to strengthen just cause eviction protections by revising the requirements for evictions in cases where the owner plans to move into the unit, perform substantial renovations, or take the housing unit out of the rental market. AB 2240 (2022) would expand the Tenant Protection Act of 2019 to provide just cause evictions to people living in mobile homes. With issues of landlord-tenant regulated by the State, imposing more stringent local requirements should be entered into with a full understanding and demonstration of the need for protections of Chula Vista residents that far outweighs the impact to the rental market and the needs of the residential rental industry. As the City moves forward in considering the adoption of more stringent requirements than State law, there will be a cost to the City for administration and monitoring of this program. Housing funding is typically restricted solely for the production and opportunities for housing low income households and therefore cannot be used as a source of funding. Therefore, this would be a hit to the general fund.

Richard DAscoli CEO, PSAR

I applaud the city for collecting data prior to making a decision. Tenant landlord issue are in fact disputes between two parties. As Fair Housing Advocates, PSAR utilizes CSA for Fair Housing Training because they have the pulse of the tenant community. When it comes to collecting data though, I do have concerns that the data may be one sided. We need to work on this together. There needs to be a venue for landlords who have difficult tenants to capture this information. It's important to track this information as well. I'm not sure that CSA is equipped for this, but it should be addressed. We would like representatives from housing providers to be involved in the collection and establishment of key metrics. We would also like to see a major effort to promotion alternative dispute resolutions. The County has a contract with the National Conflict Resolution Center (NCRC). Mediation is an excellent and free tool provided by the county for improving communication between conflicting parties. We would like to also see quarterly or monthly updates so we can work together to rectify issues.

MARK W SCOTT

CSA has not done this type of work and is a fair housing advocate, which we all should be but not expert in tracking and obtaining the type of data needed to write an appropriate TPO riddled with unintended consequences. Please reconsider so that an ordinance can be drafted that will help both residents and housing providers both.

Mitchell Thompson

You are considering a contract with CSA SD County (“CSA”) to collect data relating to issues regarding rental housing matters in CV. In researching CSA, they are contracted in SD Co to conduct prelim investigations re violations of federal fair housing law by property owners. They have a demonstrated track record in that area. The collection of data unrelated to fair housing appears to be a new activity for CSA. My principal concern with the proposed contract is CSA's entire history is that of advocating for residents related to fair housing. As such, they would be considered a “tenant advocacy” group. With that history, the fundamental question is whether the data collection will be truly objective if collected by a tenant advocacy group. I can see where the collection & compilation of data could be heavily skewed and used in an unfair and biased manner. In its worst iteration, the “game” would be that ACCE, the Chula Vista based tenant advocacy group, embarks on a program to refer its clients to submit complaints to CSA & all data is a result of a system of ACCE-to-CSA turn-style data creation & collection. At a minimum, some sort of rental housing owner representation is needed in the development, implementation & oversight of the data collection program to ensure unbiased data collection. I am encouraged by CV’s desire to collect info before any possible legislative or policy development. Please ensure data is collected in a fair & unbiased manner.

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

Housing Manager Kurz gave a presentation on the item.

Melanie Woods, representing the California Apartment Association, expressed gratitude for the City's outreach and research on the matter.

The following individuals spoke in opposition to the staff's recommendation:

- Luis Castro

 

George Ching, Chula Vista resident, spoke regarding mediation opportunities.

 

Earl Jentz, Chula Vista resident, spoke regarding a shortage of housing in the City

 

The following Chula Vista residents spoke regarding renter rights:

- Sandra Santoyo

- Nancy Smith

- Max Afifi

- Miriam Goff

- Steffen Goff

- Silvia Saldivar, representing ACCE

- Eduardo Saldivar, representing ACCE

- Jazmin Carrasco

- Dewey Domingo

- Jose Lopez, Director of ACCE San Diego

- Maria Pereda

- Jesus Pereda

 

Patricia Duran spoke in support of a moratorium on evictions.

 

Sam Calvano spoke in support of focusing on the "bad actors."

 

The following individuals submitted written comments in opposition to staff's recommendation:

- Long Time Chula Vista resident

- Mark Scott

- Mitchell Thompson

- Jesus Pereda

 

The following individuals submitted written comments expressing a neutral position on staff's recommendation:

- Resident

- CV Resident

- Richard DAscoli

 

Mayor Casillas Salas recessed the meeting at 8:32 p.m. The Council reconvened at 8:41 p.m., with all members present except Councilmember McCann.

At the request of Mayor Casillas Salas, there was a consensus of the Council to request that staff return to Council in the coming weeks with the original ordinance regarding tenant protections to allow stakeholders to discuss it further. 

Housing Manager Kurz stated that a revised resolution had been distributed to Council to amend the term of the agreement to two years and the total contract amount to $80,000.

• Moved by Mayor Casillas Salas
  Seconded by Councilmember Galvez

  To adopt Resolution No. 2022-082, as amended. The heading was read, text waived. The motion carried by the following vote:

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

  Result, Carried (4 to 0)

  RESOLUTION NO. 2022-082 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: (1) APPROVING A CONTRACTOR/SERVICER AGREEMENT BETWEEN THE CITY AND CSA SAN DIEGO COUNTY FOR FAIR HOUSING AND TENANT/LANDLORD OMBUDSMAN SERVICES AND (2) DIRECTING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT

  
  

9.

CITY MANAGER’S REPORTS

City Manager Kachadoorian provided an update on the formation of the privacy and technology task force.

10.

MAYOR’S REPORTS

10.1

Ratification of Appointment to the Following Boards & Commissions:

• Moved by Mayor Casillas Salas
  Seconded by Councilmember McCann

  To ratify the above appointments. 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)

11.

COUNCILMEMBERS’ COMMENTS

Councilmember McCann spoke regarding the Police promotional ceremony.

Councilmember Padilla congratulated the recently promoted Police staff and stated he had attended a California Coastal Commission meeting.

Deputy Mayor Cardenas spoke regarding a recent trip to Washington DC to advocate for resources for infrastructure and housing.

Councilmember Galvez spoke regarding the following recent events: Police promotional ceremony; Sesame Place grand opening; completion of the Institute for Public Strategies mural; gas giveaway event at Arco; Taste of Third Avenue; First Friday Breakfast; Firefighters Foundation Easter egg hunt; and the Southbay Earth Day event.

12.

CITY ATTORNEY'S REPORTS

There were none.

13.

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 8:52 p.m. The Council convened in Closed Session at 9:07 p.m., with all members present.

13.1

Conference with Labor Negotiators Pursuant to Government Code Section 54957.6

• Agency designated representatives: Maria Kachadoorian, Glen Googins, Courtney Chase, Kelley Bacon, Simon Silva, Sarah Schoen, Tanya Tomlinson, Ed Prendell and Steve Berliner

  Employee organization: IAFF

   

  ACTION: No reportable action.

  
  

13.2

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

• Name of case: UL Chula Two LLC v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2020-00041554-CU-WM-CTL.

  Court of Appeal, Fourth Appellate District, Division One Case No. D079215

   

  ACTION: No reportable action.

  
  

14.

ADJOURNMENT

The meeting was adjourned at 10:30 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk