1. CALL TO ORDER
Public Comments:
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:22 p.m. via teleconference and in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
2. ROLL CALL
Public Comments:
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Comments:
Deputy Mayor Cardenas led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
Public Comments:
4.1 COVID-19 Update by City of Chula Vista Emergency Services Manager Marlon King Attachments
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Public Comments
1. COVID-19 Update 2.8.22.pdf
Emergency Services Manager King gave a presentation on the item.
5. CONSENT CALENDAR (Items 5.1 through 5.6)
Public Comments:
Moved by
Mayor Casillas Salas
Seconded by
Councilmember McCann
To approve the recommended action appearing below consent calendar items 5.1 through 5.6. The headings below were read, text waived. The motion carried by the following vote:
Yes (4)
Mayor Casillas Salas, Councilmember Galvez, Councilmember McCann, and Deputy Mayor Cardenas Result, Carried (4 to 0)
5.1 Waive Reading of Text of Resolutions and Ordinances Public Comments:
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
Attachments
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Public Comments
1. CM Padilla Excused Absence 2-8-22.pdf
Approve an excused absence for Councilmember Padilla from this City Council meeting.
5.3 Agreement: Approving the Fourth Amendment to the Medical Director Agreement with the Regents of the University of California San Diego to Support the Chula Vista Fire Department's Emergency Medical Services Attachments
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Public Comments
1. Staff Report - Medical Director Fourth Amendment - 22-0048.pdf
2. Medical Director Contract Reso.pdf
3. Two Party Agreement.pdf
Adopt a resolution approving the fourth amendment to the Medical Director agreement with the Regents of the University of California San Diego.
RESOLUTION NO. 2022-031 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING THE FOURTH AMENDMENT TO THE MEDICAL DIRECTOR AGREEMENT BETWEEN THE CITY AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
5.4 American Rescue Plan Act Spending Plan Amendment: Amend the American Rescue Plan Act Spending Plan to Include a Homeless Supportive Services Program Attachments
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Public Comments
1. Staff Report - American Rescue Plan Act (ARPA) Spending Plan Amendment for Homeless Supportive Services-22-0057.pdf
2. Resolution 22-0057.pdf
Adopt a resolution amending the American Rescue Plan Act Spending Plan, allowing the City Manager to execute documents to implement the amendment, and reallocating funds for that purpose.
RESOLUTION NO. 2022-032 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING THE THIRD AMENDMENT TO THE AMERICAN RESCUE PLAN ACT SPENDING PLAN; (2) REALLOCATING FUNDS THEREFOR; AND (3) AUTHORIZING THE CITY MANAGER, AS SET FORTH HEREIN, TO EXECUTE ANY REQUIRED DOCUMENTS OR AGREEMENTS WHICH MAY BE NECESSARY TO IMPLEMENT SAID AMENDMENT (4/5 VOTE REQUIRED)
5.5 Grant Acceptance and Appropriation: Accept Grant Funds from the Roy and Marian Holleman Foundation to Support the Animal Care Facility Attachments
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Public Comments
1. Staff Report Holleman Grant - 22-0061.pdf
2. Resolution - Holleman Foundation Final.pdf
Adopt a resolution accepting $28,620 in grant funds from the Roy and Marian Holleman Foundation to be used for pet examination, surgery, and post-surgical care at the Animal Care Facility and appropriating funds for that purpose.
RESOLUTION NO. 2022-033 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE ROY AND MARIAN HOLLEMAN FOUNDATION FOR THE ANIMAL CARE FACILITY AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
5.6 Donation Acceptance and Appropriation: Accept a Donation from the Estate of Susan Schmidt and Appropriate the Funds in the Permanent Endowments Fund to Support the Animal Care Facility Attachments
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Public Comments
1. Staff Report Susan Schmidt Donation - 22-0062.pdf
2. Resolution - Susan Schmidt.pdf
Adopt a resolution accepting $160,933.58 in inherited IRA funds from the estate of Susan Schmidt to be used to support the Animal Care Facility and appropriating funds for that purpose.
RESOLUTION NO. 2022-034 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATED FUNDS FROM THE ESTATE OF SUSAN SCHMIDT AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
6. PUBLIC COMMENTS
Public Comments:
There were none.
7. PUBLIC HEARINGS
Public Comments:
7.1 Economic Development Subsidy Report: Accept and File a Report Pursuant to Government Code Section 53083 for Sunroad BCV Holding to Construct a BMW Auto Dealership Attachments
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Public Comments
1. Staff Report BMW Economic Development Subsidy Report - 21-0239.pdf
2. BMW Resolution.pdf
3. BMW - AB 562 Report (Govt Code 53083).pdf
4. BMW Public Hearing Notice - City Council.pdf
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.
Senior Economic Development Specialist Pointer responded to questions of the Council.
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.
Moved by
Councilmember McCann
Seconded by
Mayor Casillas Salas
To adopt Resolution No. 2022-035, heading read, text waived. The motion carried by the following vote:
Yes (4)
Mayor Casillas Salas, Councilmember Galvez, Councilmember McCann, and Deputy Mayor Cardenas Result, Carried (4 to 0)
RESOLUTION NO. 2022-035 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND FILING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083 FOR SUNROAD BCV, HOLDINGS, INC. TO CONSTRUCT A BMW AUTO DEALERSHIP
8. ACTION ITEMS
Public Comments:
8.1 Employee Compensation and Bargaining Agreement: Approve MOU with the Chula Vista Mid Managers/Professional Association, SEIU Local 221; Amend Compensation for HIDTA Management Positions; and Approve Revised Compensation Schedule and Budget Amendments Attachments
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Public Comments
1. Staff Report MMPR MOU and HIDTA Compensation - 22-0058.pdf
2. Attachment 1 - MM-PROF MOU 2022 FINAL (2-8-2022 Meeting).pdf
3. Attachment 2 - Letter from the Director SDIV HIDTA.pdf
4. Attachment 3 - FY 21-22 Compensation Schedule Effective 1-28-2022 (2-8-2022 Meeting) Rev 2-2-22.pdf
5. Resolution A - Approve MMPR MOU (2-8-22 Meeting).pdf
6. Resolution B - HIDTA Salaries (2-8-22 Meeting).pdf
7. Resolution C - Approved Revised Compensation Schedule (2-8-22 Meeting) Rev 2-2-22.pdf
8. Resolution D - MMPR Budget Amendments (2-8-22 Meeting).pdf Michael Jensen
Mayor Casillas Salas & Members of the City Council, the MMPR Chapter/SEIU Local 221 has voted UNANIMOUSLY in support of tonight's MOU. Thank you.
Michael Jensen
MMPR Negotiator.
Robert Johnson
TURNing MEDICAL STATUS INTO SEGRATION IS A CRIME ... tyrants like you will learn.. WE THE PEOPLE WILL REMOVE TYRANTS ... WE WILL NEVER TAKE UR JAB AND THIS IS A WAR ON THE UNJABBED/ WE ARE WARNING YOU ... NERUMBERG CODE IS GOING TO COME FOR ALL YOU TYRANTS TRYING TO FORCE MEDICAL EXPERIMENTS ON PEOPLE ... consider your VAXED AND YOU CAN STILL SPREAD COVID and CONTRACT COVID... WE WARN YOU ... THIS IS THE BIGGEST MISTAKE IN HISTORY SINCE NAZIS WERE TORN TO ASHES... REMEMBER OUR BODY OUR CHOICE.... your fake rules dont even require a flu jab... but ur worried about something so much you allow public child abuse... at SCHOOLS??? have you lost all compassion and bend the knee for blm ..... many of us ... WILL NOT COMPLY AND MAKE LIFE A LIVING HELL IF YOU WANT TO PLAY THESE GAMES... its couersion to pay people to force them to get it... consider this ... WE WILL MAKE YOU PAY... in your INSURENCE BOND.. WE WILL DRAIN ALL YOUR FUNDING>>> and make our own CITY... TYRANT UR TIME IS UP...
Mark Caro
Mayor Casillas Salas & Councilmembers, the MMPR Chapter/SEIU Local 221 has voted in support of tonight's MOU and I encourage you to do the same. Thank you.
Frank Rivera
Mayor Casillas Salas & Members of the City Council, the MMPR Chapter/SEIU Local 221 has voted in support of tonight's MOU. Thank you.
Frank Rivera
MMPR Vice-President & Negotiator.
Marylou
I oppose the vaccination wellness incentive program. This is discrimination by treating your employees differently who may not want the COVID vaccine because of their physical state, religion, or even race. Aside from the vaccine wellness incentive program being morally wrong, it is legally wrong per state and federal laws.
The CDC admits that the COVID vaccines have the risk of injury or death. There are excessive amounts of COVID vaccines injuries and deaths reported in VAERS (the Vaccine Adverse Event Reporting System). If a city employee is injured or dies from the COVID vaccines, this liability falls to the City of Chula Vista. If you vote this through, this is malfeasance on your part.
Christina
I strongly oppose the Vaccination Wellness Incentive in item 8.1.You are proposing to pay unvaccinated employees $3,000 to get the COVID vaccine. I say no. Do not vote this through. Strike it down.You are discriminating against your employees by treating them differently based upon their physical state,medical condition,& possibly their religion. This can also be racial discrimination. According to the statistics from the County of SD,minority groups are the least COVID vaccinated. If these protected groups do not wish to get the COVID vaccines, then you are treating them differently from your other employees who get the COVID vaccine & that is discrimination. This is a violation of both CA & federal laws & will lead to big lawsuits that will be extremely costly to the city. You may get $375,365 for this vaccine wellness incentive program, but how much will it really cost in the long run? The vaccines mandates via OSHA were struck down by the Supreme Court.Therefore the liability of discrimination &/ or COVID vaccine injuries fall to the employers pushing the COVID vaccines onto their employees. If an employee or group of employees (class action lawsuit) file a lawsuit against the city on the basis of discrimination or COVID vaccine injury or COVID vaccine death,then the city will have to pay much more than $375,365 for the lawsuits. This could bankrupt our city. If you vote this through, then this is malfeasance on your part & you can be financially liable as an individual.
Human Resources Director Chase announced that approval of the item would affect executive compensation.
Frank Rivera submitted written documentation expressing his support of the item but did not wish to speak.
The following members of the public submitted written communications in support of the item:
Michael Jensen
Mark Caro
Frank Rivera
The following members of the public submitted written communications in opposition to incentivizing vaccinations:
Robert Johnson
Marylou
Christina
Moved by
Mayor Casillas Salas
Seconded by
Councilmember Galvez
To adopt Resolution Nos. 2022-036 through 2022-039, headings read, text waived. The motion carried by the following vote:
A) RESOLUTION NO. 2022-036 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (“MOU’) BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MID MANAGERS/PROFESSIONAL ASSOCIATION (“MM/PROF”), SEIU LOCAL 221, 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. 2022-037 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE TO REFLECT CHANGES IN THE COMPENSATION FOR THE FA DEPUTY EXECUTIVE DIRECTOR AND FA DIRECTOR OF SD LECC EFFECTIVE JANUARY 1, 2022 C) RESOLUTION NO. 2022-038 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2021-2022 COMPENSATION SCHEDULE EFFECTIVE JANUARY 28, 2022, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 D) RESOLUTION NO. 2022-039 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2021/22 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
9. CITY MANAGER’S REPORTS
Public Comments:
There were none.
10. MAYOR’S REPORTS
Public Comments:
There were none.
11. COUNCILMEMBERS’ COMMENTS
Public Comments:
Councilmember McCann thanked the community for watching.
12. CITY ATTORNEY'S REPORTS
Public Comments:
There were none.
13. CLOSED SESSION
Public Comments:
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 5:52 p.m. The Council convened in Closed Session at 6:05 p.m., with all members present.
13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Public Comments:
Name of case: Estate of Oral W. Nunis, Sr., by and through Roxie Nunis, et al. v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-DEB Agency designated representatives: Maria Kachadoorian, Glen Googins, Courtney Chase, Kelley Bacon, Simon Silva, Sarah Schoen, Tanya Tomlinson, Ed Prendell and Steve Berliner Employee organizations: IAFF
ACTION:
No Reportable Action
13.2 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Public Comments:
Agency designated representatives: Maria Kachadoorian, Glen Googins, Courtney Chase, Kelley Bacon, Simon Silva, Sarah Schoen, Tanya Tomlinson, Ed Prendell and Steve Berliner Employee organizations: IAFF
ACTION:
No Reportable Action
13.3 Conference with Legal Counsel -- Anticipated Litigation Public Comments:
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4):
One [1] case.
Ongoing issues with Republic Services, Inc.
ACTION:
No Reportable Action
14. ADJOURNMENT
Public Comments:
The meeting was adjourned at 8:35 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk