City of Chula Vista

Regular Meeting of the City Council

Meeting Minutes

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

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

Present:

• Councilmember Galvez, 
• Councilmember McCann, 
• and Mayor Casillas Salas

Absent:

• Deputy Mayor Cardenas
• and Councilmember Padilla

Also Present:

• City Manager Kachadoorian, 
• City Attorney Googins, 
• City Clerk Bigelow, 
• and Assistant City Clerk Turner

Others Present

• Deputy City Manager Kelly Broughton

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 5:11 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

Councilmember Galvez led the Pledge of Allegiance.

Mayor Casillas Salas thanked Senator Ben Hueso for his support in removing the tolls on SB1169.

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

Dolores Gascon and Jessica Perpetua, representing the San Diego City County Personnel Association, gave a presentation on the item and presented the award to Human Resources Director Chase.

4.2

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

Item 4.2 was continued to the July 19, 2022 meeting.

5.

CONSENT CALENDAR (Items 5.1 through 5.14)

Mayor Casillas Salas announced that the following items would be continued to the meeting of July 19, 2022, due to a lack of quorum: Items 4.2, 5.5, 5.7, 5.9D, the proposed ordinance on 5.9, and 5.12. She also announced that Item 5.13 would be bifurcated; Council would act on the action plan portion of the item, and the appropriation of funds would be continued to the meeting of July 19, 2022.

Mayor Casillas Salas announced that a revised resolution for Item 5.13 had been distributed to Council and that action would be with respect to the revised document.

Human Resources Director Chase spoke regarding Item 5.9 and announced that Resolution A had been updated to account for the lack of quorum.

City Clerk Bigelow announced that a request for an excused absence memorandum for Item 5.3 was received from Deputy Mayor Cardenas for that night's meeting and had been distributed to the Council.

• Moved by Mayor Casillas Salas
  Seconded by Councilmember McCann

  To approve the recommended actions appearing below consent calendar Items 5.1 through 5.4; 5.6; 5.8 through 5.14. The headings were read, text waived. The motion carried by the following vote:

  Yes (3)

  Mayor Casillas Salas, Councilmember Galvez, and Councilmember McCann

  Result, Carried (3 to 0)

5.1

Approval of Meeting Minutes

• Approve the minutes dated: November 9, 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.

5.3

Consideration of Request for Excused Absences

• Approve an excused absence for Councilmember Cardenas for this City Council meeting.

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

• 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.

  Item 5.4 headings

  A) RESOLUTION NO. 2022-149 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THIS CITY ON JUNE 7, 2022, DECLARING THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED BY LAW

  B) RESOLUTION NO. 2022-150 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,  NOVEMBER 8,  2022, FOR THE PURPOSE OF CONDUCTING 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

  C) RESOLUTION NO. 2022-151 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022

  
  

5.6

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

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

  Item 5.6 heading:

  RESOLUTION NO. 2022-152 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND STC TRAFFIC, INC. TO PROVIDE TRAFFIC SIGNAL RETIMING SERVICES

  
  

5.8

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

• 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.

  Item 5.8 heading:

  RESOLUTION NO. 2022-153 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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 SAME

  
  

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

• 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)

  Item 5.9 heading:

  A) RESOLUTION NO. 2022-154 OF THE CITY COUNCIL OF THE CITY 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; AND AUTHORIZING THE CITY MANAGER, AS SET FORTH HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND ANY ADDITIONAL DOCUMENTS WHICH MAY BE NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU

  B) RESOLUTION NO. 2022-155 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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) RESOLUTION NO. 2022-156 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022-2023 COMPENSATION SCHEDULE EFFECTIVE JULY 1, 2022, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5

  [Item 5.9 D and the proposed ordinance were continued to July 19, 2022.]

  
  

5.10

Contract: Award of Janitorial Services Contract to Nova Commercial

• 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.

  Item 5.10 heading:

  RESOLUTION NO. 2022-157 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT FOR JANITORIAL SERVICES BETWEEN THE CITY AND NOVA COMMERCIAL

  
  

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

• 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.

  Item 5.11 heading:

  RESOLUTION NO. 2022-158 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MADAFFER ENTERPRISES, INC., TO PROVIDE FOR SIX FOCUS GROUPS

  
  

5.13

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

• 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)

  Item 5.13 heading:  

  RESOLUTION NO. 2022-159 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING 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; AND (2) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL HUD DOCUMENTS RELATED TO THE GRANTS AND AGREEMENTS WITH EACH SUBRECIPIENT

  
  

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

• 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. 

ITEMS REMOVED FROM CONSENT CALENDAR

5.5

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

Item 5.5 was continued to the July 19, 2022 meeting.

5.7

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

Item 5.7 was continued to the July 19, 2022 meeting. 

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

Item 5.12 was continued to the July 19, 2022 meeting. 

6.

PUBLIC COMMENTS

Joseph Raso, Chula Vista resident, spoke regarding tenant protection and distributed written communications. 

7.

BOARD AND COMMISSION REPORTS

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/

Charter Review Commission Chair Scofield, City Attorney Googins and City Clerk Bigelow gave a presentation on the item. City Attorney Googins and Deputy City Attorney McClurg responded to questions of the Council.

Carolyn Scofield, Chula Vista resident, spoke in support of Charter revisions to allow residents to serve on boards and commissions.

Councilmember McCann spoke in favor of the following updates to the Charter: allowing ranked-choice voting in elections, adding a requirement for residency 30-days prior to running for election, and requiring one to be a qualified elector for decision-making bodies but not for advisory only bodies.

Mayor Casillas Salas recessed the meeting at 7:11 p.m. The Council reconvened at 7:23 p.m., with all members present.

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 and announced that Item 8.1 would be continued to the July 19, 2022 meeting. 

9.

ACTION ITEMS

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

Principal Landscape Architect Ferman and Park and Recreation Administrator Farmer gave a presentation on the item.

• Moved by Councilmember McCann
  Seconded by Councilmember Galvez

  To adopt a Resolution No. 2022-160, heading read, text waived. The motion carried by the following roll call vote:

  Yes (3)

  Mayor Casillas Salas, Councilmember Galvez, and Councilmember McCann

  Result, Carried (3 to 0)

  Item 9.1 heading:

  RESOLUTION NO. 2022-160 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CONSTRUCTION OF SEGMENT 3 OF THE LOMA VERDE RECREATION CENTER AND AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDERS NECESSARY TO COMPLETE THE PROJECT (CIP NO. GGV0247)

  
  

10.

CITY MANAGER’S REPORTS

Deputy City Manager Broughton announced the groundbreaking for the City's new homeless shelter. 

11.

MAYOR’S REPORTS

11.1

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

• Moved by Councilmember McCann
  Seconded by Mayor Casillas Salas

  To ratify the above appointment. The motion carried by the following vote:

   

  Yes (3)

  Mayor Casillas Salas, Councilmember Galvez, and Councilmember McCann

  Result, Carried (3 to 0)

12.

COUNCILMEMBERS’ COMMENTS

Councilmember McCann extended Father's Day greetings and spoke about his attendance at the Fourth Fest. 

13.

CITY ATTORNEY'S REPORTS

There were none.

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 7:38 p.m. The Council convened in Closed Session at 7:47 p.m., with all members present.

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

  ACTION: No Reportable Action

  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

  ACTION: Pending Finalization of Settlement

  
  

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 .

John Moot submitted written communications in support of the item.

• ACTION: Item not discussed.

  
  

15.

ADJOURNMENT

The meeting was adjourned at 7:55 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk