Annotated agenda — Chula Vista City Council, May 3, 2022

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 Oaths of Office
Public Comments:

Beatrice Zamora-Aguilar - Cultural Arts Commission
Daniel Zavala - Cultural Arts Commission
Arnold Luke - Safety Commission
William Sallee - Measure A Citizens Oversight Committee

4.2 Presentation of a Proclamation to Kelley Bacon in Recognition of Her Retirement and 20 Years of Service with the City of Chula Vista Public Comments:

4.3 Presentation and Update by Laura Humphreys and Justin Lipford on YMCA Programs and Mental Health Awareness Month Public Comments:

4.4 Presentation of a Proclamation Proclaiming May 2022 as National Bike Month in the City of Chula Vista Public Comments:

4.5 Presentation of a Proclamation Proclaiming May 6, 2022 as Childcare Provider Appreciation 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:

To approve the recommended action appearing below consent calendar Items 5.1 through 5.3 and 5.5 through 5.7. The headings below were read, text waived. The motion carried by the following vote:

RECOMMENDED ACTION:

To approve the recommended action appearing below consent calendar Item 5.4. The heading below was read, text waived. The motion carried by the following vote:

5.1 Approval of Meeting Minutes
Attachments
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Public Comments

1. Post-Meeting Minutes - CCSHA_Oct12_2021 - English.pdf RECOMMENDED ACTION:

Approve the minutes dated: October 12, 2021.

5.2 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.

5.3 Consideration of Requests for Excused Absences
Public Comments:

RECOMMENDED ACTION:

Consider requests for excused absences as appropriate.

5.4 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. Item 7.3 - SB 9 Implementation.pdf
Report Number
:
22-0095
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 State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDED ACTION:

Adopt an ordinance to amend various sections in the Chula Vista Municipal Code related to allowing two-unit developments and urban lot splits, in accordance with Senate Bill 9. (Second Reading and Adoption)

5.5 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. Item 7.4 - Military Equipment.pdf
Pedro Rios
On behalf of the American Friends Service Committee's US-Mexico Border Program, we are opposed to equipping the police with military equipment. Militarized gear and uses of force by police are deployed disproportionately against people of color. The City Council should not approve item 5.5 as it is presented.

Margaret Baker
Our Council must not approve Item 5.5 without changes to the proposed AB 481 policy: 1) Add assault rifles to the proposed policy despite considering them "standard issue." If the AR-15 were truly "standard issue," they would be wielded by police patrolling downtown Chula Vista or the Eastlake mall. Anyone seeing those assault weapons knows they should not be considered the “standard” in our community. 2) Modify the proposed policy to comply with AB 48. Currently it fails to include limits on use of chemical agents & impact projectiles for crowd control, compliance with a law enforcement directive & other AB 48 provisions. The inventory sections on projectile launchers & chemical agents (pgs 20-35) do not meet the requirements of Gov Code Sects 12525.2, 13652 & 13652.1 (AB 48) prohibiting the use of chemical agents or impact projectiles to disperse any assembly, protest, or demonstration, to force compliance with a police order, enforce a curfew or in response to a verbal threat.

The militarization of our police is the antithesis to our city’s purported values and designation as a certified Welcoming City. This practice must STOP. We need to scrutinize each type of equipment for its use and impact. No more blanket approval of the PD plans.

Dell Miller
I appreciate what the Chula Vista Police Department does to keep the community safe. I support the use of the tools needed in order to do that.

I also appreciate the City Council and their decision to protect the community as well.

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.

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! Report Number
:
22-0123
L
ocation
:

No specific geographic location
D
epartment
:

Police
Environmental Notice
:

RECOMMENDED ACTION:

Adopt an ordinance approving the Police Department's Military Equipment Policy. (Second Reading and Adoption)

5.6 Capital Improvement Project Funding: Approve Appropriation of Additional Funds to Complete and Close Out the “Retiming of Traffic Signals and Installation of Fiber Optic/Ethernet Communication System (TRF0404)” Project Attachments
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Public Comments

1. Appropriate Funds to TRF0404 - 22-0119.pdf

2. Resolution.pdf

3. Project Location Map.pdf
Report Number
:
22-0119
L
ocation
:

West of I-805, Main Street
D
epartment
:

Engineering
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 15303 class 3 (New Construction or Conversion of Small Structures).

RECOMMENDED ACTION:

Adopt a resolution approving an appropriation of $75,000 of Transportation Development Impact Fees Fund to Capital Improvement Project Retiming of Traffic Signals and Installation of Fiber Optic/Ethernet Communication System (TRF0404). (4/5 Vote Required)

5.7 Approval of Appointment: Approve the City Manager’s Appointment of the Deputy City Manager – Tiffany Allen Attachments
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Public Comments

1. Staff Report Appointment of Deputy City Manager - 22-0125.pdf

2. Resume - Tiffany Allen.pdf

3. Resolution - Tiffany Allen, Deputy City Manager.pdf
Report Number
:
22-0125
L
ocation:

No specific geographic location
D
epartment:

Human Resources
Environmental Notice:

RECOMMENDED ACTION:

Adopt a resolution approving the City Manager’s appointment of Tiffany Allen as Deputy City Manager.

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. ACTION ITEMS
Public Comments:

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

7.1 Agreement: Approve an Agreement with Kingdom Causes, dba City Net, to Provide Homeless Bridge Shelter Operations Attachments
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Public Comments

1. Staff Report Agreement with Homeless Bridge Shelter Operator - 22-0126.pdf

2. Resolution(1).pdf

3. Attachment No. 1 - Two Party Agreement - CityNet.pdf

4. Item 7.1 Bridge Shelter Operator.pdf
Report Number
:
22-0126
L
ocation
:

Homeless Bridge Shelter - 205 27
th
Street, Chula Vista, 91911
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; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDED ACTION:

To adopt Resolution No. 2022-097, heading read, text waived. The motion carried by the following vote:

7.2 Grant Award and Appropriation: Approve Deed Restrictions on Park Properties as a Condition of Grant Awards, Establish New Capital Improvement Program Projects, and Appropriate Funds Attachments
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Public Comments

1. Park Grant - New CIP Projects and Deed Restrictions - 22-0089.pdf

2. Exhibit A - Legal Description of Property - Patty Davis Park.pdf

3. Grant Contract - Patty Davis Park.pdf

4. Deed Restriction Form - Patty Davis Park.pdf

5. Exhibit B - Legal Description of Property - Eucalyptus Park.pdf

6. Grant Contract - Eucalyptus Park.pdf

7. Deed Restriction Form - Eucalyptus Park.pdf

8. Resolution A - Patty Davis Park Deed Restriction.pdf

9. Resolution B - Eucalyptus Park Deed Restriction.pdf

10. Resolution C - CIP Project Creation and Appropriations.pdf

11. Item 7.2 Park Grant Awards Presentation v2.pdf
Maria Jimena Montes de Oca
I would really appreciate the park, because the closest one to us in Chula Vista is in 4th and Park way. It great for gatherings or just to sit and read a book, or simply walk in the park, since we have beautiful weather. And have some green around us.

Plus it would help to get rid of vandalism on D Street.

Thank you,
Shonna Dovel
Dear Council Members,
I am a resident of the Vista Mar community located adjacent north of the proposed Patty Davis Park. My home will directly face the new community park.

We have had many issues on D st. and unfortunately, I have contacted the police on several different occasions. The end of D st is a known hang out though out the day and and all night. This has been known as a place to drink, smoke, fight, hangout, party and street race.

I am in favor of the conversion of this small portion of D Street converted into the Patty Davis Park for our neighborhood. The only reason why I am in favor of this project is to give the children a safe area to play. I also have concerns related to this new park. The design of the park will create an atmosphere where we will get an increase in other problems 1) homeless issues, 2) BBQ pits or other ways to cook will smoke out the residents, 3) unaccompanied minors, 4) Vaping and smoking 5) late night hang out sessions/parties 6) volume. How will these items be addressed?

I would like to see in the design:
1) less trees and create a perimeter mini bike path for the kiddos. They like to ride there bikes down D st. 2) mini dog run
Converting this area into the Patty Davis Park will be a welcome addition for many residents in the immediate area. The counsel and park services are welcome to email me about these concerns.

Thank you,
Shonna Dovel
Justin
I'm a homeowner at Vista Mar, the townhome community directly north of D Street that will border the new park on the north side. I support the proposal to change the zoning in order to receive the funding and move forward with the development of this park. Many residents in our community have been looking forward to this park for a number of reasons. First of all, what a great way for our residents to meet people from throughout the surrounding neighborhood. Although we will lose some street parking close to our community (and that will be a challenge at first), it will be wonderful to have a brand new beautiful park right next door. I've heard of complaints of illegal activity taking place on D Street (west of Woodlawn), and I think a park replacing that section of the street can only help the neighborhood. It won't single-handedly solve every problem. But it will make the neighborhood nicer and benefit so many people.

Philip Mischler
Council Members: I am a resident of the Vista Mar Condo community located adjacent north of the proposed Patty Davis Park. Further I am the Board President of Vista Mar Community.

I and many of our owners are in favor of the conversion of this small portion of D Street converted into the Patty Davis Park for our neighborhood. Currently this dead end section of D St is used for street side parking, but as a dead end this area is often used as a drinking and partying area with loud music, for young people who are not members of the Vista Mar community. The police have been called to break up fights and for investigation of other undesirable activities in this area. Last year more than ten vehicles parked on this section of D St had multiple windows shot out with a weapon. Just this week four police cars were observed tracking an individual there reportedly with a gun.

Converting this area into the Patty Davis Park will be a welcome addition to all of the residents in the immediate area.

We encourage you to vote yes to these resolutions.

I'd like to offer a special thanks to Parks & Rec Director Tim Farmer and Landscape Architect Patricia Ferman for their work on park planning.

Respectfully,
Philip Mischler
Report Number
:
22-0089
L
ocation
:

Eucalyptus Park – 436 C Street 91910, and Patty Davis Park – D St and Woodlawn 91910 D
epartment
:

Community Services – Parks and Recreation
Environmental Notice
:

The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) ,
Section 15303 class 3 (New Construction or Conversion of Small Structures), Section 15304 Class 4 (Minor Alterations to Land), and Section 15332 Class 32 (In-Fill Development Projects).

RECOMMENDED ACTION:

To adopt Resolution No. 2022-098, heading read, text waived. The motion carried by the following vote:

RECOMMENDED ACTION:

To adopt Resolution No. 2022-099 and 2022-100, heading read, text waived. The motion carried by the following vote:

8. CITY MANAGER’S REPORTS
Public Comments:

9. MAYOR’S REPORTS
Public Comments:

10. COUNCILMEMBERS’ COMMENTS
Public Comments:

11. CITY ATTORNEY'S REPORTS
Public Comments:

12. 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. ADJOURNMENT
Public Comments:
to the regular City Council meeting on May 10, 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.

Chula Vista City CouncilMay 3, 2022

Chula Vista City Council
May 3, 2022