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Annotated agenda

Chula Vista City Council
April 12, 2022

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Annotated agenda
Meeting
April 12, 2022
Body
Chula Vista City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on pub-chulavista.escribemeetings.com. That file is the official record.

1. CALL TO ORDER
Public Comments:

2. ROLL CALL
Public Comments:

3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Comments:

4. SPECIAL ORDERS OF THE DAY
Public Comments:

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

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 Attachments
|
Public Comments

1. Item 4.2 Fair Housing Month.pdf

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 Public Comments:

5. CONSENT CALENDAR (Items 5.1 through 5.7)
Public Comments:

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:

Council approve the recommended action on the below consent calendar items.

5.1 Waive Reading of Text of Resolutions and Ordinances Public Comments:

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.

5.2 Consideration of Request for Excused Absences
Public Comments:

RECOMMENDED ACTION:

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 Attachments
|
Public Comments

1. Staff Report Consultant Services with B. Adair Consulting - 21-0217.pdf

2. Resolution.pdf

3. Draft Two Party Agreement.pdf
Report Number
:
21-0217
L
ocation
:

No specific geographic location
D
epartment
:

Development Services
Environmental Notice
:

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

RECOMMENDED ACTION:

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. (4/5 Vote Required)

5.4 Grant Award: Accept Grant from U.S. Department of Justice, Bureau of Justice Assistance for Smart Policing Initiative Attachments
|
Public Comments

1. BJA SPI 2021 funding - 22-0100.pdf

2. Resolution - 2021 BJA SPI RIPA.pdf
Report Number
:
22-0100
L
ocation
:

No specific geographic location
D
epartment
:

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 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. (4/5 Vote
Required)

5.5 Grant Award: Accept Grant from U.S. Department of Homeland Security for Operation Stonegarden Attachments
|
Public Comments

1. OPSG 2021 funding - 22-0101.pdf

2. Resolution - OPSG 2021.pdf
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.

Report Number
:
22-0101
L
ocation
:

No specific geographic location
D
epartment
:

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 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 Attachments
|
Public Comments

1. Staff Report First Amendment to Aztec Landscaping On-Call Open Space Landscaping Services Agreement - 22-0098.pdf

2. Attachment 1 - Original Agreement Aztec Landscaping On-Call OS Landscape Services.pdf

3. Attachment 2 - Proposed First Amendment to Aztec Landscaping On-Call Open Space Services Agreement.d.pdf

4. Resolution - First Amendment to Aztec Landscaping On-Call Agreement.pdf Report Number
:
22-0098
L
ocation
:

No specific geographic location
D
epartment
:

Public Works
Environmental Notice
:

The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4 (Minor Alterations to Land).

RECOMMENDED ACTION:

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.

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 Attachments
|
Public Comments

1. Staff Report Classification Plan and Compensation Schedule - 22-0111.pdf

2. Attachment 1 - Unrepresented Compensation Summary FY 21-22 (4-12-2022 Meeting).pdf

3. Attachment 2 - FY 21-22 Compensation Schedule Effective 4-22-2022 (4-12-2022 Meeting) Rev.pdf

4. Resolution A - Amend Compensation Schedule and Classification Plan (4-12-2022 Meeting).pdf

5. Resolution B - Approve Unrepresented Compensation Summary (04-12-2022 Meeting).pdf

6. Resolution C - Approved Revised Compensation Schedule (04-12-2022 Meeting).pdf

7. Resolution D - Budget Amendment (04-12-2022 Meeting).pdf Report Number
:
22-0111
L
ocation
:

No specific geographic location
D
epartment
:

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) 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. (4/5
V
ote
R
equired
)

6. PUBLIC COMMENTS
Public Comments:

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

7. PUBLIC HEARINGS
Public Comments:

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

7.1 Proposed Federal Grant Funding: Recommendations for the 2022/2023 Annual Action Plan Attachments
|
Public Comments

1. Staff Report 2022-2023 Proposed Federal Grant Funding Recommendations - 22-0110.pdf

2. Attachment 1 - 2022.2023 Federal Grant Funding Recommendations.pdf

3. Item 7.1 HUD Grant Reccomendations.pdf
Report Number
:
22-0110
L
ocation
:

No specific geographic location
D
epartment
:

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:

Conduct the public hearing and accept the Federal Grand Funding report.

8. ACTION ITEMS
Public Comments:

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

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 Attachments
|
Public Comments

1. Revised Staff Report 4_12.pdf

2. Revised Resolution 4_12.pdf

3. Attachment 1 Comparison of Local Regulations.pdf

4. Attachment 2 Survey of Local TPOs.pdf

5. Attachment 3 Stakeholder Input.pdf

6. Attachment 4 Policy Recommendation Comparison.pdf

7. Attachment 5 - Two Party Agreement with CSA.pdf

8. Written Communications - Received 4_12_2022.pdf

9. Written Communications 2 Received 4_12_2022.pdf

10. Item 8.1 TenantLandlord Update and CSA Contract.pdf 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.

Report Number
:
22-0037
L
ocation
:

No specific geographic location
D
epartment
:

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 approving an agreement with CSA San Diego County for fair housing and landlord/tenant related services, with a maximum contract period of five years for a not to exceed amount of $500,000.

9. CITY MANAGER’S REPORTS
Public Comments:

10. MAYOR’S REPORTS
Public Comments:

10.1 Ratification of Appointment to the Following Boards & Commissions:

Attachments
|
Public Comments

1. Mayor's Memo.pdf

2. Aufmuth, Tim.pdf

3. Flores, Ed.pdf
Timothy Aufmuth - Commission on Aging
Ed Flores - Safety Commission

11. COUNCILMEMBERS’ COMMENTS
Public Comments:

12. CITY ATTORNEY'S REPORTS
Public Comments:

13. CLOSED SESSION
Public Comments:

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)

13.1 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 organization: IAFF
RECOMMENDED ACTION:

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

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 RECOMMENDED ACTION:

14. ADJOURNMENT
Public Comments:
to the regular City Council meeting on April 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 [email protected]
or (619) 691-5041.

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