REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**

Meeting #:

Tuesday, July 12, 2022 at 5:00 P.m. - 6:00 P.m.

Location:

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings

 Cox channel 24 in English only

 

Welcome to your City Council Meeting

 

PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways:

• In-Person. The community is welcome to make public comments at this City Council meeting. 
• Submit an eComment: Visit www.chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted until the conclusion of public comments for the item and are viewable online upon submittal. If you have difficulty submitting eComments, email  comments to: [email protected] 

 

HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. To switch the video to Spanish, please click on "ES" in the bottom right hand corner. Meetings are available anytime on the City's website (English and Spanish).

 

ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at or [phone] (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting.

 

 

 

 

 

 

SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor. 

- Five minutes* for specific items listed on the agenda
- Three minutes* for items NOT on the agenda (called to speak during Public Comments)
- A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present.

*Individuals who use a translator will be allotted twice the amount of time.
 

                                                              GETTING TO KNOW YOUR AGENDA

Agenda Sections:
CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are considered for approval at the same time with one vote.  Councilmembers and staff may request items be removed and members of the public may submit a speaker slip if they wish to comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items.

PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda.

PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. The hearing is closed, and the City Council may discuss and take action.

ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of staff and the involved parties before the Mayor invites the public to provide input.

CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiating position of the City or compromise the privacy interests of employees. Closed sessions may be held only as specifically authorized by law.

Council Actions:
RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective immediately.

ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings: an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval.

PROCLAMATIONS are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees.

 

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1.

CALL TO ORDER

2.

ROLL CALL

3.

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

4.

SPECIAL ORDERS OF THE DAY

4.1

Presentation by City County Personnel Association of San Diego of the 2022 Kevin Powell Award for Excellence in Human Resources

4.2

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

5.

CONSENT CALENDAR (Items 5.1 through 5.14)

All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration.

• RECOMMENDED ACTION:

5.1

Approval of Meeting Minutes

• RECOMMENDED ACTION:

  Approve the minutes dated: November 9, 2021

5.2

Waive Reading of Text of Resolutions and Ordinances

• RECOMMENDED ACTION:

  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

• RECOMMENDED ACTION:

  Consider requests for excused absences as appropriate.

5.4

City Election: Reciting the Fact of the General Municipal Election Held on June 7, 2022, Declaring the Results; Calling and Giving Notice of a Special Municipal Election to be Held November 8, 2022; and Adopting Regulations About the Election

Report Number: 22-0170

Location: No specific geographic location

Department: City Clerk

Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

• RECOMMENDED ACTION:

  Adopt resolutions A) Reciting the fact of the General Municipal Election held on June 7, 2022, declaring the results thereof, and other related matters; 

  B) Calling a Special Municipal Election to be held on Tuesday, November 8, 2022, to conduct a runoff election to elect a Mayor, two members of the City Council, representing Districts 1 and 2, and a City Attorney; consolidating the election with the statewide election; and requesting the County of San Diego Board of Supervisors to permit the Registrar of Voters to perform certain services for the conduct of the election; and

  C) Adopting regulations for candidates for elective office related to candidate statements to voters at the Special Municipal Election on Tuesday, November 8, 2022.

5.5

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

Report Number: 22-0184

Location: No specific geographic location

Department: Economic Development

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.

• RECOMMENDED ACTION:

  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)

5.6

Agreement: Approve a Professional Services Agreement with STC Traffic, Inc. to Perform Traffic Signal Retiming Services

Report Number: 22-0169

Location: Various locations citywide

Department: Engineering

Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines.

• RECOMMENDED ACTION:

  Adopt a resolution approving a professional services agreement with STC Traffic, Inc. to perform Traffic Signal Retiming Services for Federal Project HSIPL 5203(052).

5.7

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

Report Number: 22-0155

Location: No specific geographic location

Department: Finance

Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required.

• RECOMMENDED ACTION:

  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.

5.8

Purchase Agreement: Approve Purchase with Axon Enterprise, Inc. for Eighty Body-Worn Cameras and Associated Equipment and Services

Report Number: 22-0200

Location: No specific geographic location

Department: Police

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

• RECOMMENDED ACTION:

  Adopt a resolution approving a purchase agreement with Axon Enterprise, Inc. for eighty body-worn cameras and associated equipment and services, and authorizing the City Manager to execute the agreement.

5.9

Employee Compensation, Positions and Bargaining Agreement: Approve a Memorandum of Understanding with IAFF Local 2180; Approve the Addition of Position Titles, Amended Position Counts, a Revised Compensation Schedule, and Related Budget Amendments

Report Number: 22-0202

Location: No specific geographic location

Department: Human Resources

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

• RECOMMENDED ACTION:

  Adopt resolutions: (A) Approving a Memorandum of Understanding (“MOU”) between the City of Chula Vista and Local 2180, International Association of Fire Fighters, AFL-CIO (“IAFF”), related to compensation and other terms and conditions of employment;

  (B) Amending the Compensation Schedule and Classification Plan to reflect the addition of various position titles and amending the authorized position count in various departments;

  (C) Approving the revised Fiscal Year 2022-23 Compensation Schedule effective July 1, 2022, as required by the California Code of Regulations, Title 2, Section 570.5; 

  (D) Making various amendments to the Fiscal Year 2022-23 budget for appropriating funds for that purpose; and

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

5.10

Contract: Award of Janitorial Services Contract to Nova Commercial

Report Number: 22-0171

Location: City Facilities – including Police, Libraries, and Recreation Centers

Department: Public Works

Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

This item was continued from the June 14, 2022 meeting.

• RECOMMENDED ACTION:

  Adopt a resolution awarding a contract for janitorial services to Nova Commercial in an amount not to exceed $2,250,000 for up to five years.

5.11

Agreement Amendment: Approve the First Amendment to the Agreement with Madaffer Enterprises, Inc. to Provide Six Focus Groups to the City Manager's Technology and Innovation Task Force

Report Number: 22-0206

Location: No specific geographic location

Department: Economic Development

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.

• RECOMMENDED ACTION:

  Adopt a resolution approving the first amendment to the agreement between the City and Madaffer Enterprises to provide six focus groups as part of the City Manager’s Technology and Innovation Task Force.

5.12

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

Report Number: 22-0204

Location: No specific geographic location

Department: Police

Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

• RECOMMENDED ACTION:

  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.

5.13

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

Report Number: 22-0130

Location: No specific geographic location

Department: Development Services

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines and Title 24 of the Federal Code of Regulations; therefore, pursuant to State Guidelines Section 15060(c)(3) and Federal Guidelines Part 58.34(a)(2) & (3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA and Part 58.34 (a)(2) & (3) of the National Environmental Policy Act (“NEPA”).

• RECOMMENDED ACTION:

  Adopt a resolution: (1) approving 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 “Action Plan”); (2) authorizing the City Manager or designee to execute subrecipient agreements and all HUD documents related to the grants; and (3) appropriating funds for that purpose. (4/5 Vote Required)

5.14

Task Force Vacancy: Declare the Sons and Daughters of Italy Representative Seat on the Christoper Columbus Statue and Discovery Park Task Force Vacant Due to the Seated Member No Longer Being Qualified for the Seat, as Required by the Municipal Code

Location: No specific geographic location

Department: City Clerk

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

• RECOMMENDED ACTION:

  Council declare the following seat vacant: Sons and Daughters of Italy Representative on the Christopher Columbus Statue and Discovery Park Task Force, currently filled by Grace Sardina. 

6.

PUBLIC COMMENTS

The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 

7.

BOARD AND COMMISSION REPORTS

The following item(s) have been brought forward by a City board, commission, or committee.

7.1

Presentation by the Charter Review Commission and the City Attorney's Office of a Comprehensive Charter Update Proposal for Possible Placement on the November 2022 Ballot

Jose Preciado

Any effort to resolved debt concerns for candidates after elections? The Voice of San Diego reported on confusion that exist with City policy.https://voiceofsandiego.org/2021/06/02/chula-vista-politicians-routinely-blow-past-campaign-debt-limits/

Report Number: 22-0208

Location: No specific geographic location

Department: City Attorney

Environmental Notice: Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

• RECOMMENDED ACTION:

  Council consider the proposed Charter update and provide direction  as it deems appropriate.  If the Council is amenable to keep the item moving forward, the Charter Review Commission and Staff stand ready to incorporate Council’s input into an updated draft of the proposed revisions, to prepare possible draft ballot language, and to bring the item back to the City Council for its further consideration at the July 26 Council meeting.

8.

PUBLIC HEARINGS

The following item(s) have been advertised as public hearing(s) as required by law.

8.1

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

Report Number: 22-0154

Location: No specific geographic location

Department: Finance

Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

• RECOMMENDED ACTION:

  Conduct the public hearing and adopt the following resolutions:

  A. 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

  B. 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; and

  C. Levying the Assessments and Collectibles for the Fiscal Year 2022/23 for Open Space District 1; and

  D. Levying the Assessments and Collectibles for the Fiscal Year 2022/23 for Open Space District Eastlake Maintenance District No 1 (Zone C); and

  E. Levying the Assessments and Collectibles for Fiscal Year 2022/23 for Open Space District 20, Zone 7

9.

ACTION ITEMS

The following item(s) will be considered individually and are expected to elicit discussion and deliberation.

9.1

Loma Verde Recreation Center: Authorize Construction of Segment 3 of the Loma Verde Recreation Center (CIP No. GGV0247) and the City Engineer to Approve Necessary Change Orders for the Project

Report Number: 22-0192

Location: 1420 Loma Lane

Department: Engineering

Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land).

• RECOMMENDED ACTION:

  Adopt a resolution authorizing construction of Segment 3 of the Loma Verde Recreation Center (CIP No. GGV0247) and authorizing the City Engineer to execute change orders necessary for the project.

10.

CITY MANAGER’S REPORTS

11.

MAYOR’S REPORTS

11.1

Ratification of Human Relations Commission Nomination Nadia Kean-Ayub, to Represent the HRC on the Columbus Task Force

• RECOMMENDED ACTION:

  Action:________________________

12.

COUNCILMEMBERS’ COMMENTS

13.

CITY ATTORNEY'S REPORTS

14.

CLOSED SESSION

Announcements of actions taken in Closed Sessions shall be made available by noon on the next business day following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7)

14.1

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

1. Name of case: City of Imperial Beach, et al. v. The International Boundary & Water Commission-United States Section, United States District Court, Case No. 18-cv-0457 JM JLB; and
2. Name of case:  Ofelia Christman v City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2018-00034310-CU-PO-CTL

• RECOMMENDED ACTION:

14.2

Conference with Legal Counsel Regarding Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)

John Moot

The counsel should put on the agenda the report of the settlement with Republic. The matter was not noticed on the June 14, 2022 agenda as it had previously been on March 1,2022 agenda as item 14.2 Conference with Legal Counsel -- Anticipated Litigation -- Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): One [1] case. Ongoing issues with Republic Services, Inc. Nor was it noticed on regular agenda . If the Council agreed to a settlement on terms offered by Republic as would appear to be the case since the partial credit was reflect on Republic's website in February it should have been publicly reported out after closed session on March 1st . If any material terms changed the agreement should have come back to counsel, voted on and reported out at that time . A review of the settlement agreement reflect boilerplate terms other than the deal points which would not take 3 months to negotiate necessitating a delay until after the election. Further the signature for Republic is not dated reflecting the date they actually agreed. The matter should be re-noticed on the regular agenda and the requested documents in my letter made public at the hearing .

One case.

Allegations contained in June 22, 2022 correspondence from attorney John Moot of Freeman Mathis & Gary, LLP.

• RECOMMENDED ACTION:

15.

ADJOURNMENT

to the regular City Council meeting on July 26, 2022, at 5:00 p.m. in the Council Chambers.

 

Materials provided to the City Council related to an open session item on this agenda are available for public review, please contact the Office of the City Clerk at
or [phone].

 

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