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Minutes

Chula Vista City Council
April 26, 2022

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Minutes
Meeting
April 26, 2022
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Chula Vista City Council
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1. CALL TO ORDER
Public Comments:

A regular meeting of the City Council of the City of Chula Vista was called to order at 5:09 p.m. 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.

Councilmember Padilla left the meeting at 8:09 p.m.

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

Councilmember Galvez led the Pledge of Allegiance.

4. SPECIAL ORDERS OF THE DAY
Public Comments:

4.1 Oaths of Office
Public Comments:

Timothy Aufmuth - Commission on Aging
Ed Flores - Safety Commission
City Clerk Bigelow administered the oaths of office, and Councilmembers McCann and Padilla presented certificates to Commissioners Aufmuth and Flores.

4.2 Update by Regional Sustainability San Diego County Program Manager Murtaza H. Baxamusa on Local Policy Opportunity Analysis "A Partnership to Move the Region to Zero Carbon" Attachments
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Public Comments

1. Summary for Policy Makers 03-2022.pdf

2. DRAFT RDF Summary for Policy Makers - Spanish Translation.pdf

3. Item 4.2 - Special Orders - County_RDF.pdf
Regional Sustainability San Diego County Program Manager, Dr. Baxamusa gave a presentation on the item.

4.3 Presentation of a Proclamation Proclaiming April 27 through April 28, 2022 as the Day of Remembrance in the City of Chula Vista Public Comments:

Mayor Casillas Salas read the proclamation, and Councilmember Cardenas presented it to Sandy Scheller and Rabbi Mendy. Sandy Scheller shared a video in memory of Harry Rosen and spoke of his accomplishments.

5. CONSENT CALENDAR (Items 5.1 through 5.9)
Public Comments:

Moved by
Mayor Casillas Salas
Seconded by
Councilmember McCann
To approve t
he recommended actions
appearing below consent calendar Items 5.1 through 5.9. 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 Approval of Meeting Minutes
Attachments
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Public Comments

1. Post-Meeting Minutes - CCSHA_Aug24_2021 - English.pdf

2. Post-Meeting Minutes - CCR_Sep14_2021 - English.pdf

3. Post-Meeting Minutes - CCR_Sep28_2021 - English.pdf

4. Post-Meeting Minutes - CCSHA_Oct12_2021 - English.pdf Approve the minutes dated: August 24, September 14, and 28, 2021

5.2 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.

5.3 Consideration of Requests for Excused Absences
Public Comments:

No requests were received at that meeting.

Consider requests for excused absences as appropriate.

5.4 Temporary Road Closure: Approve a Temporary Closure of Park Way for a Weekly Third Avenue Village Farmers Market from Third Avenue to Fourth Avenue on Sundays from 7 a.m. to 4 p.m.

Attachments
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Public Comments

1. Third Avenue Village Farmers Market - 22-0115.pdf

2. Attachment 1 - TAV Farmers Market Letter to CofCV.pdf

3. Attachment 2 - Conditions of Approval.pdf

4. Attachment 3 - TAV Market Map.pdf

5. Resolution - Farmers Market.pdf

6. Exh A - Conditions of Approval.pdf
Tina Matthias
The CV Community is exited to have the return of the TAVA Farmers Market. We look forward to purchasing locally sourced fruits and vegetables.

Tina Matthias submitted written communications in support of staff's recommendation.

Adopt a resolution approving a temporary closure of the westbound lane of Park Way, north of the median, for a weekly Third Avenue Village Farmers Market from Third Avenue to Fourth Avenue on Sundays from 7 a.m. to 4 p.m. through April 30, 2023, subject to conditions of approval, and waiving all City fees.

RESOLUTION NO. 2022-083 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TEMPORARY STREET CLOSURE OF THE WESTBOUND LANE OF PARK WAY, NORTH OF THE MEDIAN, FROM THIRD AVENUE TO FOURTH AVENUE, FOR THE WEEKLY THIRD AVENUE VILLAGE FARMERS MARKET ON SUNDAYS FROM 7 A.M. TO 4 P.M. THROUGH APRIL 30, 2023

5.5 Contract Award: Award a Contract to Iteris, Inc. to Perform Traffic Signal Retiming Services Attachments
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Public Comments

1. Staff Report - Contract Award to Iteris, Inc. for Traffic Signal Retiming Services TRF0400 - 22-0107.pdf

2. Attachment 1 - Project Location Map - 22-0107.pdf

3. Attachment 2 - 2022.04.13 - TRF0400 - Two Party Agreement.pdf

4. Resolution - 22-0107.pdf
Adopt a resolution awarding a professional services contract to Iteris, Inc. to perform traffic signal retiming services for the portion of Chula Vista generally east of Interstate 805.

RESOLUTION NO. 2022-084 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY AND
ITERIS, INC. TO PROVIDE TRAFFIC SIGNAL RETIMING SERVICES

5.6 Agreement and Reallocation: Amend the American Rescue Plan Act Spending Plan, Authorize an Amendment and Subrecipient Agreement with SBCS for the Domestic Violence Program, and Reallocate Funds for that Purpose Attachments
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Public Comments

1. Staff Report ARPA Spending Plan Amendment and Subrecipient Agreement - 22-0116.pdf

2. Resolution(1).pdf

3. Attachment 1 - ARPA DV Agreement.pdf
Approve a resolution (1) amending the American Rescue Plan Act (“ARPA”) Spending Plan; (2) approving a subrecipient agreement with the SBCS Domestic Violence Program; and (3) reallocating funds for that purpose.

RESOLUTION NO. 2022-085 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING A FOURTH AMENDMENT TO THE AMERICAN RESCUE PLAN ACT SPENDING PLAN AND AUTHORIZING THE CITY MANAGER, AS SET FORTH IN THIS RESOLUTION, TO EXECUTE ANY REQUIRED DOCUMENTS OR AGREEMENTS WHICH MAY BE NECESSARY TO IMPLEMENT SAID AMENDMENT, (2) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH SBCS CORPORATION FOR THE DOMESTIC VIOLENCE SERVICES PROGRAM, AND (3) REALLOCATING FUNDS THEREFOR

5.7 Contract: Approve Contract with Ace Parking, Inc. for Third Avenue Parking District Management and Enforcement for Fiscal Year 2022 Attachments
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Public Comments

1. Staff Report Ace Parking Agreement - 22-0122.pdf

2. Resolution - Ace Parking Inc KB.pdf

3. ACEParking2PrtyAgrmtFY22-4.4.22-Final.docx.pdf
Adopt a resolution waiving the competitive bidding process as outlined in Municipal Code Section 2.56.070.B.3, and approving an agreement with Ace Parking, Inc.

RESOLUTION NO. 2022-086 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ACE PARKING FOR PARKING MANAGEMENT AND ENFORCEMENT SERVICES

5.8 Aerial Truck Purchase: Approval of the Purchase of One Pierce Arrow XT 107’ Tractor Drawn Aerial through Measure P Attachments
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Public Comments

1. Staff Report - Aerial Truck Purchase Through Measure P - 22-0129.pdf

2. Chula Vista TDA Proposal.pdf

3. Resolution.pdf
Adopt a resolution approving the purchase of one Pierce Arrow XT 107’ Tractor Drawn Aerial (TDA) in compliance with the Measure P Expenditure Plan.

RESOLUTION NO. 2022-087 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING THE PURCHASE OF ONE PIERCE ARROW XT 107’ TRACTOR DRAWN AERIAL TO BE PURCHASED THROUGH THE MEASURE P EXPENDITURE PLAN

5.9 Measure A Public Safety Expenditure Plan: Amend the Measure A Public Safety Expenditure Plan to Purchase Five Vehicles for the Police Department Attachments
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Public Comments

1. Measure A - 5 Police Vehicles - 22-0132.pdf

2. Attachment 1 PD Measure A PSEP as of 2022-04-18.pdf

3. Resolution - Measure A PSEP update for 5 PD Vehicles 2022-04-26.pdf

4. Measure A Budget CONFIDENTIAL.pdf
Adopt a resolution approving the amended Measure A Public Safety Expenditure Plan, to purchase five vehicles for the Police Department and amending the Fiscal Year 2022 expenditure budget for the Measure A Sales Tax Fund to fund the vehicles out of the Measure A fund.

RESOLUTION NO. 2022-088 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED MEASURE A PUBLIC SAFETY EXPENDITURE PLAN TO PURCHASE FIVE VEHICLES FOR THE POLICE DEPARTMENT AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

6. PUBLIC COMMENTS
Public Comments:

There were none.

7. PUBLIC HEARINGS
Public Comments:

7.1 Community Facilities District Annexation: Election Regarding Annexation of Otay Ranch Village 3 Neighborhood R-20 into Community Facilities District 97-2 Attachments
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Public Comments

1. Staff Report Public Hearing for ORV3 CFD97-2 Annexation - 22-0064.pdf

2. Attachment 1 - Boundary Map for CFD 97-2, Improvement Area C, Annexation No. 12.pdf

3. Attachment 2 - Rate and Method of Apportionment (RMA) for CFD 97-2, ‫Improvement Area C, Annexation No. 12.pdf

4. Resolution A(1).pdf

5. Resolution B(1).pdf

6. Public Hearing Notice CFD 97-2.pdf

7. Item 7.1 - CFD 97-2.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.

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.

City Clerk Bigelow announced that no written protests had been received by the City Clerk.

Moved by
Mayor Casillas Salas
Seconded by
Councilmember McCann
To adopt Resolution No. 2022-089, heading 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)
A) RESOLUTION NO. 2022-089 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA “C” THERETO City Clerk Bigelow reported that 51 votes in favor and no votes opposed had been received.

Moved by
Mayor Casillas Salas
Seconded by
Deputy Mayor Cardenas
To adopt Resolution No. 2022-090, heading 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)
B) RESOLUTION NO. 2022-090 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA “C” ANNEXATION NO. 12 AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA

7.2 Community Facilities District Annexation: Election Regarding Annexation of Otay Ranch Village 3 Neighborhood R-20 into Community Facility District 18M Attachments
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Public Comments

1. Staff Report - Public Hearing for ORV3 CFD 18M Annexation - 22-0094.pdf

2. Attachment 1 - Boundary Map for CFD 18M, Annexation No. 1.pdf

3. Attachment 2 - Rate and Method of Apportionment (RMA) for CFD 18M, Annexation No. 1.pdf

4. Resolution A.pdf

5. Resolution B.pdf

6. Public Hearing Notice - CFD 18M.pdf

7. Item 7.2 - CFD 18M.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.

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.

City Clerk Bigelow announced that no written protests had been received by the City Clerk.

Moved by
Mayor Casillas Salas
Seconded by
Councilmember McCann
To adopt Resolution No. 2022-091, heading read, text waived. The motion carried by the following vote:

A) RESOLUTION NO. 2022-091 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3) City Clerk Bigelow reported that 51 votes in favor and no votes opposed had been received.

Moved by
Mayor Casillas Salas
Seconded by
Councilmember McCann
To adopt Resolution No. 2022-092, heading 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)
RESOLUTION NO. 2022-092 OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3), ANNEXATION NO. 1 AND ADDING SUCH TERRITORY TO THE DISTRICT.

7.3 Municipal Code Amendment: Amend the Chula Vista Municipal Code Related to Allowing Two-Unit Developments and Urban Lot Splits, as Required by Senate Bill 9, Recent State Legislation adopted to Increase Housing Opportunities Attachments
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Public Comments

1. Staff Report Amendments to CVMC Implementing SB 9 - 22-0095.pdf

2. Ordinance.pdf

3. Planning Commission Resolution.pdf

4. Attachment 1 - Map of R-1 and R-E zones.pdf

5. PH Notice 0095.pdf

6. Item 7.3 - SB 9 Implementation.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.

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 Planning Manager Phillips gave a presentation on the item and 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.

Councilmember Galvez spoke regarding design standards and parking in Northwest Chula Vista.

Moved by
Councilmember Galvez
Seconded by
Deputy Mayor Cardenas
To place the above ordinance on first reading, heading read, text waived. The motion was 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)
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 18.18 (TENTATIVE PARCEL MAPS) AND 19.58 (USES); AND SECTIONS 5.68.050 (SHORT-TERM RENTALS – ELIGIBILITY REQUIREMENTS), 19.22.020 (R-E – RESIDENTIAL ESTATE ZONE – PERMITTED USES) AND 19.24.020 (R-1 – SINGLE-FAMILY RESIDENCE ZONE – PERMITTED USES) TO IMPLEMENT SENATE BILL 9 (FIRST READING)

7.4 Military Equipment Policy: Consideration of Approving the Chula Vista Police Department’s Military Equipment Policy Attachments
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Public Comments

1. CVPD Military Equipment Policy - 22-0123.pdf

2. CVPD Military Equipment Policy - DRAFT.pdf

3. Ordinance - CVPD Military Equipment Policy.pdf

4. Public Hearing Notice - CVPD Military Equipment Policy.pdf

5. Item 7.4 - Military Equipment.pdf
Frank Riley
The City of Chula Vista Police force is a valuable resource in our community. The availability and possible use of military-style equipment endangerspublic safety rather than fostering it.

Claudia
I don’t support the military nor support policing communities of color .

Elijah Martinez-Jensen
The increasing militarization of the Chula Vista Police Department is concerning as a resident whose family has been living here since the 1970s. The presence of the police and border patrol in Chula Vista county, and the further militarization of their departments that patrol specifically in (sub)urban communities that are made up of majority Chicanx, Latinx, Mexican, Mexican-American residents makes me question the motives behind the justification of these weapons of violence as well as how these instruments will be used. In these times of unrest and ambiguity, it is more important than ever for the Chula Vista Police Department to actively prevent further estranging themselves from the communities they claim to serve.

Monica Santos
I am a long-time resident of Chula Vista and I have seen how over-policing, militarization, and surveillance have a disproportionate impact in our border town, especially on certain members of our community. Practices of approving purchases of military equipment on the Council consent calendar, and accepting private donations, without enough public scrutiny or oversight. This militarization of our police is counter productive to our city’s purported values and designation as a certified Welcoming City. This practice must STOP. Regulating police acquisition of military equipment is critical. End these practices and protect our citizens.

We have a new Technology & Privacy Task Force that needs to conduct its research and community outreach BEFORE ANY CVPD surveillance policies are codified! Also, under AB 481, City Council has 180 days to vet and revise the policies and should not rubber stamp these so-called "tools" that bring harm, induce fear & waste our tax dollars. Do not approve the policy without an expanded period of robust public vetting of the policy.

Nancy Relaford
Chula Vista Police officers deployed pepper balls and other “less-lethal” weapons against civilians in the cities of La Mesa and San Diego during the 2020 protests against police violence and the murder of George Floyd.These actions make Chula Vista’s use of miltarized weapons a threat and legitimate concern for every resident of the county. I challenge the CVPD’s claims that this “military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety,” and that “the Department’s proposed military equipment policy will safeguard the public’s welfare, safety, civil rights and civil liberties.” There is no place in a democratic society for police use of military weapons against civilians exercising their constitutional and civil rights. Studies show that Police militarization fails to keep officers safe or prevent violence or harm in communities. Regulating police acquisition of military equipment is critical for social and racial justice. The militarization of police departments leads to increased civilian deaths, and militarized policing teams are more often deployed in communities of color.

Chula Vista needs to scrutinize each type of equipment for its use and impact, and to ensure that “mutual aid” use is also covered by the policy. More community engagement is needed, as well as compliance with AB48 before proceeding. Do not approve this policy.

Lilly Irani
The presented report is incomplete and does not include some equipment usually followed by AB 481.

Further, the militarization of our local police forces threatens our democracy and escalates violence in our communities. Military equipment should only be adopted with extreme care and selectivity for protecting lives, not taking them.

Lynn DeHahn
Chula Vista Should not consider use of military weapons for police work. In my 50 years as a citizen I have seen the city gorw and become a different place. We are selling out to developers and big money and government weaponry. Please slow down and look at the facts and the needs and wishes of our good citizens not big government and militaristic law enforcement..

Vote NO.

Lynn DeHahn, District 2
Sophia Rodriguez
One 2011 Lenco Bearcat G2 is going to cost the city of Chula Vista $315,518.65? And another custom built vehicle is going to cost the city $406,286.24?? If building public trust is so important to the Police Department, then why is there this continued effort to use taxpayer funds to militarize itself? This is unacceptable - City Council needs to vote "No".

KRISTOPHER T HENDRICKS
I am writing as a long time Chula Vista resident and home owner, and I STRONGLY oppose any further transfer of existing or funding to purchase new military equipment. The CVPD is an oppressive, aggressive force that surveilles and over polices all working class people in Chula Vista but especially PoC. The militarization of our police forces must STOP now. Any member of this council that supports this will never get my vote. Do the right thing John Lindsay-Poland
AB 481 requires every police department to publish use policies for military equipment they possess, but CVPD is an outlier in San Diego County and across the state in excluding the assault rifles it possesses from the policy before you tonight.

I direct a project of American Friends Service Committee that has studied military equipment owned by California law enforcement agencies.

CVPD's policy manual clearly indicates that the Department issues patrol rifles which are assault rifles under California law, cited in AB 481 as a type of military equipment. The only potential justification for excluding assault rifles under AB 481 is if the Department has classified them as “standard issue service weapons.” Only two other police departments in the state have done this. Of 70 police departments whose policies we reviewed, only 2 others that own patrol rifles exclude them from their military equipment policies. Nearly all police departments include patrol rifles in their policies, including San Diego, National City, Carlsbad, Coronado, Escondido, Oceanside, as well as San Diego County Sheriff’s Office.

The two cities whose departments excluded the rifles have not yet adopted their policies. The Santa Cruz police chief recognized that issuing assault rifles as standard issue does not reflect a greater public safety need.

Council members should ask the Department why it is an outlier on this in the county and the state, and send the policy back to staff to remedy the omission.

Pedro Rios
On behalf of the American Friends Service Committee's US-Mexico Border Program, I would like to relay the following: CVPD’s claims that this “military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety” is a false argument. Studies show that police militarization fails to keep officers safe or prevent violence or harm in communities. We should no longer allow the PD free rein with our City’s coffers to build up this arsenal of so-called “tools” that are used against our community. We need to scrutinize each type of equipment for its use and impact. Until the City holds the police accountable, we will continue to see our city in the headlines as the most surveilled city and complicit in violating civil rights by using so-called “less lethal” weapons to fire on peaceful protesters.

CVPD should include patrol rifles in the military equipment policy, and the Council should send the policy back to staff to remedy this omission. Council members can also ask the Department why it is an outlier in San Diego County and the state in excluding assault rifles from its military equipment policy.

Do not approve this policy as written.

Monica Hernandez
"As a long-time resident of San Diego's South Bay region I have experienced how over-policing, militarization, and surveillance have a disproportionate impact in our border town, especially on certain members of our community. For years the City has been quietly approving purchases of military equipment on the Council consent calendar, and accepting private donations, without much public scrutiny or oversight. This militarization of our police is the antithesis to our city’s purported values and designation as a certified Welcoming City. This practice must STOP. Regulating police acquisition of military equipment is critical because, as studies show, the militarization of police departments leads to increased civilian deaths, and militarized policing teams are more often deployed in communities of color.

Adriana Jasso
Dear Chula Vista City Council,

I am writing to express my opposition for the Chula Vista Police Department to acquire additional military equipment. The Chula Vista Police Department and the City Council both have a lot of explaining to do to the larger community on the use of technology and data sharing with federal agencies. The idea that a Department that refuses to be fully transparent and accountable to ALL members of our community seeks out additional military equipment should make this City Council ask what protocols and mechanisms will be in place to authorize the use of such equipment? The City Council should stand in opposition to this acquisition and develop proper methods and protocols that include community input.

Dr. Norell Martínez n
I challenge the CVPD’s claims that this “military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.” Studies show that Police militarization fails to keep officers safe. This equipment is most often deployed against people of color, poor people and politically active communities. I know a person who is now permanently disabled because a police officer used one of these "non-lethal" weapons against her at a peaceful protest. We should no longer allow the PD free rein with our City’s coffers to build up this arsenal of so-called “tools” that are used against our community. We need to scrutinize each type of equipment for its use and impact. Until the City holds the police accountable, we will continue to see our city in the headlines as the most surveilled city and complicit in violating civil rights by using so-called “less lethal” weapons to fire on peaceful protesters. Do not approve this policy as written! Use this funding instead to uphold goodness in the world: house the homeless, open mental health clinics, build community centers! Z. Williams
Without whisper of accountability, the police department has earned Chula Vista a reputation as one of the most surveilled cities with administrators who are complicit in the violation of the bodies and civil rights of those with the misfortune of encountering police. In the spirit of improvement, resist approving purchase and use of military equipment to further violate any remaining privacy.

Margaret Baker
As a long-time resident of Chula Vista, I have seen how over-policing, militarization, and surveillance have a disproportionate impact in our border town, especially on certain members of our community. For years the City has been quietly approving purchases of military equipment on the Council consent calendar, and accepting private donations, without much public scrutiny or oversight. This militarization of our police is the antithesis to our city’s purported values and designation as a certified Welcoming City. This practice must STOP. Regulating police acquisition of military equipment is critical because, as studies show, the militarization of police departments leads to increased civilian deaths, and militarized policing teams are more often deployed in communities of color.

We have a new Technology & Privacy Task Force that needs to conduct its research and community outreach BEFORE ANY CVPD surveillance policies are codified! Also, under AB 481, City Council has 180 days to vet and revise the policies and should not rubber stamp these so-called "tools" that bring harm, induce fear & waste our tax dollars. Do not approve the policy without an expanded period of robust public vetting of the policy.

Elisa Hedrick
As a Chula Vista resident, I strongly oppose any steps toward the militarization of police. Our community needs partnerships with police, not military-grade weapons.

Kathy Cappos Hardy
I don’t disrespect law enforcement. In fact, I have family members who have and currently serve as law enforcement officers. What I do disrespect is the movement towards the militarization of policing. Is Chula Vista now an autocratic, anti-democratic city? Do we need police officers strolling our streets with assault rifles and other military tactical gear? Do we need police officers in our community who resemble those that killed Breonna Taylor and George Floyd? This style further alienates community members who don’t trust law enforcement. What happened to the idea of community policing where partnerships are formed and problem solving is used as opposed to aggressive, off-putting stances? As a life-long Chula Vistan, I don’t want my tax dollars supporting a style of policing resembling something you’d find in North Korea, China, or Russia. Military equipment doesn’t solve problems - people do! Forming partnerships with community stakeholders has my vote! 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.

Police Chief Kennedy introduced the item; Captain Dan Peak and Sergeant James Petray gave a presentation and responded to questions of the Council.

Mayor Casillas Salas opened the public hearing.

The following members of the public spoke in opposition to the item:

Gretel Rodriguez, Chula Vista Resident
Benjamin Bravo, representing the U.S. - Mexico Border Program Norell Martinez
David Oyos, representing the Police Officers Association, spoke in support of the item.

The following members of the public submitted written communications in opposition to the item:

Kathy Cappos Hardy
Elisa Hedrick
Margaret Baker
Z. Williams
Dr. Norell Martinez
Adrian Jasso
Monica Hernandez
Pedro Rios, representing American Friends Service Committee's US Mexico Border Program John Lindsay-Poland
Kristopher T. Hendricks
Sophia Rodriquez
Lynn DeHahn
Lily Irani
Nancy Relaford
Monica Santos
Elijah Martinez Jensen
Claudia
Frank Riley
There being no further members of the public who wished to speak, Mayor Casillas Salas closed the public hearing.

Council discussion ensued.

Moved by
Councilmember Padilla
Seconded by
Councilmember McCann
To place the above ordinance on first reading, heading read, text waived. The motion was 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)
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA POLICE DEPARTMENT’S MILITARY EQUIPMENT POLICY (FIRST READING)

7.5 Sewer Rates: Consider Increase to Sewer Rates and Resolution Adopting Sewer Rate Increases and Approving Other Sewer Rate Study Recommendations Attachments
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Public Comments

1. Staff Report - Sewer Rate (Clean).pdf

2. CAS Attachment A and Exhibit 1 to Reso - Sewer Cost of Service Rate Study 2021.pdf

3. CAS Attachment B and Exhibit 4 to Reso - Policy 220-04 Sewer Service Revenue Fund Reserve Policy.pdf

4. CAS Attachment C and Exhibit 3 to Reso - Proposition 218 Sewer Rate Notice.pdf

5. CAS Attachment D - Website Posting.pdf

6. CAS Attachment E and Exhibit 2 to Reso - Master Fee Schedule 12-200 Revisions v2.pdf

7. RESOLUTION .pdf

8. PH Notice 22-0007.pdf

9. Item 7.5 - Sewer Rates.pdf
Dr. Norell Martínez
I am disappointed and appalled that the City would consider raising Sewer rates considering that the people of Chula Vista are still recovering from the Covid crisis, people have lost their jobs and rent/mortgage rates are at an all time high! Not only that, inflation has made the cost of living go up while wages in most sectors have stayed the same. I urge the Council to consider that people all over are suffering economically and raising the sewer rate would be add more weight to our residents. Instead, please consider taxing the most wealthy of Chula Vistans or even better, funnel the exorbitant amount that the City spends on police and use those funds on the sewer to lower costs to our residents! 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 Civil Engineer Gentry gave a presentation on the item, she and Engineering and Capital Projects Director Valle responded to questions of the Council Mayor Casillas Salas opened the public hearing.

Dave Young expressed concern about the process of calculating the increase.

Dr. Norell Martinez submitted written communications in opposition to staff's recommendation.

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

City Clerk Bigelow announced that 192 protests had been received by the City Clerk, which did not constitute a majority protest.

Council discussion ensued.

Moved by
Councilmember Galvez
Seconded by
Mayor Casillas Salas
To adopt Resolution No. 2022-093, heading 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 (5 to 0)
RESOLUTION NO. 2022-093 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: (1) ACCEPTING THE SEWER RATE STUDY;  (2) APPROVING THE STUDY’S RECOMMENDATIONS FOR FISCAL YEARS 2021/22 THROUGH 2025/26, (3) ADOPTING INCREASED SEWER RATES AND APPROVING AMENDMENTS TO THE MASTER FEE SCHEDULE; (4) AUTHORIZING THE PASS-THROUGH OF ALL FUTURE FEES AND CHARGES IMPOSED FOR WHOLESALE CHARGES FOR SEWAGE TREATMENT OR WASTEWATER TREATMENT; (5) APPROVING AMENDMENTS TO CITY COUNCIL POLICY 220-04; (6) AUTHORIZING AN INCREASE TO THE SERVICE CHARGE REVENUE ALLOCATIONS TO THE SEWERAGE FACILITIES REPLACEMENT FUND; AND (7) APPROPRIATING SIX MILLION DOLLARS FROM THE TRUNK SEWER CAPITAL FUND TO THE SEWER SERVICE REVENUE FUND (4/5 VOTE REQUIRED)

7.6 Vacation of Streets: Approve Vacations of a Portion of Marina Parkway and a Portion of G Street as Part of the Bayfront Development Public Comments:

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. There was a consensus of the Council to continue the item to the May 10, 2022 meeting.

Councilmember Padilla left the meeting at 8:09 p.m.

8. ACTION ITEMS
Public Comments:

8.1 Contract Amendment: Approve an Amendment to the Contract with the Board of Administration and CalPERS for Local Safety Police Officer’s Association Classic Members to Make an Additional Contribution Pursuant to Government Code Section §20516 Attachments
|
Public Comments

1. Staff Report - CalPERS Contract Amendment for Classic POA Members EE Contribution - 22-0120.pdf

2. Resolution - Resolution of Intention to Approve A CalPERS Contract Amendment (Classic POA Employee Cost Sharing).pdf

3. Resolution ATTACHMENT- Resolution of Intention to Approve CalPERS Contract Amendment.Classic POA EE Cost Sharing.pdf

4. Resolution EXHIBIT - CalPERS Contract Amendment.pdf

5. Ordinance - First Reading CalPERS Contract Amendment (Classic POA Employee Cost Sharing).pdf

6. Item 8.1 - POA PERS EE Contribution.pdf
Human Resources Director Chase gave a presentation on the item.

Moved by
Mayor Casillas Salas
Seconded by
Councilmember McCann
To adopt Resolution No. 2022-094 and place the below ordinance on first reading, headings 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)
A) RESOLUTION NO. 2022-094 OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY OF CHULA VISTA TO PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE CHULA VISTA POLICE OFFICERS’ ASSOCIATION OF ONE PERCENT OF SALARY EFFECTIVE JULY 1, 2022 B) ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE CHULA VISTA POLICE OFFICERS’ ASSOCIATION OF ONE PERCENT OF SALARY EFFECTIVE JULY 1, 2022 (FIRST READING)

8.2 San Diego Community Power: Presentation by San Diego Community Power Chief Operating Officer Cody Hooven Regarding the Residential Power Launch in Chula Vista Attachments
|
Public Comments

1. Presentation by San Diego Community Power - 22-0128.pdf

2. 22.4.26 Chula Vista City Council.pdf

3. Item 8.2 - SD Community Power.pdf
Carolyn Scofield
I support SDCP! SDCP is a not-for-profit agency. When SDCP rolls out to Chula Vista residents in May, its excess revenues from electricity sales will be used to fund local programs here with input from our community members.

Tina Matthias
I'm looking forward to the CV Community becoming more sustainable in May when SD Community Power comes onboard with renewable energy.

San Diego Community Power Chief Operating Officer Cody Hooven gave a presentation on the item and responded to questions of the Council.

Council discussion ensued.

The following members of the submitted written communications in support of the item:

Carolyn Scofield, Chula Vista resident
Tina Matthias, Chula Vista resident
Cynthia Brown, Chula Vista resident, expressed concern regarding the program.

9. CITY MANAGER’S REPORTS
Public Comments:

There were none.

10. MAYOR’S REPORTS
Public Comments:

Mayor Casillas Salas thanked City and Port of San Diego staff for their efforts on the Bayfront project.

10.1 Ratification of Appointment to the Following Boards & Commissions:

Attachments
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Public Comments

1. Memo.pdf

2. Zamora-Aguilar, Beatrice_Redacted.pdf

3. Zavala, Daniel_Redacted.pdf

4. Luke, Arnold_Redacted.pdf

5. Sallee, William_Redacted.pdf
Beatrice Zamora-Aguilar - Cultural Arts Commission
Daniel Zavala - Cultural Arts Commission
Arnold Luke - Safety Commission
William Sallee - Measure A Citizens Oversight Committee Moved by
Deputy Mayor Cardenas
Seconded by
Councilmember McCann
To ratify the above appointments. 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)

11. COUNCILMEMBERS’ COMMENTS
Public Comments:

Councilmember McCann thanked staff for their efforts on the Bayfront project.

At the request of Councilmember Cardenas, there was a consensus of the Council to direct the City Manager to explore the possibility of placing free sanitary products in public facilities.

Councilmember Galvez announced that the Grand Opening for the Farmers Market would May 8, 2022.

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 8:20 p.m. The Council convened in Closed Session at 8:25 p.m., with all members present.

13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section54956.9(d)(1):

Public Comments:

A) Name of case: Diana Watts, et al. v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2019-00054127-CU-PO-CTL.

ACTION:

No Reportable Action
B) Name of case: City of Chula Vista and Chula Vista Redevelopment Agency Successor Agency v.  Keely Bosler, in her official capacity as California State Director of Finance; Tracy M. Sandoval, in her official capacity as San Diego Auditor-Controller; Sacramento Superior Court Case No. 34-2019-80003123 and Court of Appeal, Third Appellate District, Court No. C094237.

ACTION:

No Reportable Action

14. ADJOURNMENT
Public Comments:

Mayor Casillas Salas paid tribute to Harry Rosen and adjourned the meeting in his memory.

The meeting was adjourned at 8:50 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk

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