1. CALL TO ORDER
Public Comments:
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
Councilmember Cardenas joined the meeting at 5:04 PM.
Councilmember Chavez joined the meeting at 5:04 PM.
Councilmember Gonzalez joined the meeting at 5:04 PM.
Deputy Mayor Preciado joined the meeting at 5:04 PM.
Mayor McCann joined the meeting at 5:04 PM.
City Manager Kachadoorian joined the meeting at 5:04 PM.
City Clerk Bigelow joined the meeting at 5:04 PM.
Assistant City Clerk Turner joined the meeting at 5:04 PM.
Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney joined the meeting at 5:04 PM.
2. ROLL CALL
Public Comments:
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Comments:
Councilmember Gonzalez led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
Public Comments:
4.1 Oaths of Office:
Public Comments:
Board of Library Trustees
- Carrie Holleron
- Toby Larson
Charter Review Commission
- Victor Lopez
Civil Service Commission
- Lourdes Silva-Nunez
- Andrew Strong
Human Relations Commission
- Leticia Lares-Urquidez
Parks and Recreation Commission
- Martin Calvo
City Clerk Bigelow administered the oaths of office and Councilmember Chavez presented certificates to the Commissioners.
4.2 Presentation of a Proclamation to Principal Civil Engineer Frank Rivera in Recognition of His Retirement and 38.5 Years of Dedicated Service with the City of Chula Vista Public Comments
Sophia Rodriguez
Congratulations, Frank! You will be missed =]
CONNIE FIFE
I wish I could be there in person tonight to show support for Frank Rivera! He has been such an outstanding employee and coworker and resident of Chula Vista. He holds a wealth of knowledge and patience and is such an excellent teacher. There will be very very big shoes to fill once Frank retires because his prints are throughout pretty much every project in the City. Hope you enjoy your retirement Frank - you deserve it!! Mayor McCann read the proclamation, and Councilmember Cardenas presented it to Frank Rivera.
The following members of the public submitted written communications congratulating Mr. Rivera:
Sophia Rodriguez
Connie Fife
4.3 Presentation of a Proclamation to Principal Civil Engineer Boushra Salem in Recognition of Her Retirement and 25 Years of Dedicated Service with the City of Chula Vista Public Comments:
Mayor McCann read the proclamation, and Councilmember Chavez presented it to Boushra Salem.
4.4 Presentation of a Proclamation to Code Enforcement Officer II Noemi Sanchez in Recognition of Her Retirement and 24 Years of Dedicated Service with the City of Chula Vista Public Comments:
Mayor McCann read the proclamation, and Councilmember Gonzalez presented it to Noemi Sanchez.
4.5 Presentation of a Proclamation to Marketing and Communications Manager Anne Steinberger in Recognition of Her Retirement and 11.5 Years of Dedicated Service with the City of Chula Vista Public Comments:
Mayor McCann read the proclamation, and Councilmember Cardenas presented it to Anne Steinberger.
4.6 Presentation of a Proclamation Proclaiming May 2023 as National Bike Month in the City of Chula Vista Attachments
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Public Comments
1. Item 4.6 - Bike Anywhere Day_POSTER_English_print.pdf Mayor McCann read the proclamation and Councilmember Chavez presented it to Principal Civil Engineer Rivera and the Bike Walk Chula Vista group.
4.7 Presentation of a Proclamation Commending the Lady Baron's Basketball Team for Their Record-Setting 2022-23 Season Public Comments:
Mayor McCann read the proclamation and Councilmember Gonzalez presented it to the Lady Baron's basketball team.
4.8 Presentation of a Proclamation to Public Works Open Space Manager Samuel Oludunfe Proclaiming Friday, April 28, 2023, as Arbor Day in the City of Chula Vista Public Comments:
Mayor McCann read the proclamation, and Councilmember Cardenas presented it to Open Space Manager Oludunfe.
4.9 Presentation of a Proclamation Proclaiming April 25, 2023 as R. Daniel Hernandez Day in the City of Chula Vista Public Comments:
Mayor McCann read the proclamation, and Councilmember Chavez presented it to Mr. Hernandez' family and supporters.
5. CONSENT CALENDAR (Items 5.1 through 5.4)
Public Comments:
Items 5.2 and 5.4 were removed from the Consent Calendar at the request of a member of the public.
Moved by
Mayor McCann
Seconded by
Deputy Mayor Preciado
To approve t
he recommended actions
appearing below consent calendar Items 5.1 and 5.3. The headings were read, text waived
.
The motion carried by the following vote:
Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez Result, Carried (5 to 0)
5.1 Approval of Meeting Minutes
Attachments
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Public Comments
1. Draft Minutes - April 18, 2023.pdf
2. Draft Minutes April 20, 2023.pdf
Approve the minutes dated: April 18 and 20, 2023.
5.3 Consideration of Request for Excused Absences
Public Comments:
Consider requests for excused absences as appropriate. No requests were received for that meeting.
ITEMS REMOVED FROM CONSENT CALENDAR
5.2 Waive Reading of Text of Resolutions and Ordinances Public Comments:
Delia Dominguez Cervantes, Chula Vista resident, spoke in support of adding clarifying information to specific agenda items.
Moved by
Mayor McCann
Seconded by
Councilmember Cardenas
To approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. The motion was carried by the following vote:
Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez Result, Carried (5 to 0)
5.4 Open Space Landscaping Services: Approve the First Amendment with GeoCal Management & Landscaping to Increase Maximum Contract Amount Attachments
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Public Comments
1. Staff Report First Amendment to GeoCal On-Call OS Services Contract - 23-0108.pdf
2. Resolution - First Amendment to GeoCal On-Call Agreement.pdf
3. Attachment 1 - Original Agreement Geocal Environmental Management and Landscaping for On-Call OS Landscape Services.pdf
4. Attachment 2 - Proposed First Amendment to GeoCal On-Call OS Services Agreement - FINAL.docx.pdf John Acosta, Chula Vista resident, spoke regarding maintenance at Hilltop Park.
Assistant Director of Public Works Aguilar responded to questions of the City Council.
Moved by
Deputy Mayor Preciado
Seconded by
Mayor McCann
To adopt Resolution No. 2023-044, heading read, text waived. The motion carried by the following vote:
Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez Result, Carried (5 to 0)
RESOLUTION NO.2023-044 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND GEOCAL MANAGEMENT & LANDSCAPING FOR ON-CALL OPEN SPACE LANDSCAPE SERVICES
6. PUBLIC COMMENTS
Attachments
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Public Comments
1. Public Comments - Received 4_24 Raso.pdf
Brandon Claypool, Chula Vista resident, spoke regarding homelessness.
John Acosta, Chula Vista resident, spoke regarding ethics and housing.
Joe Raso, Chula Vista resident, spoke regarding tenant protections.
Mayor McCann recessed the meeting at 6:24 p.m. The Council reconvened at 6:30 p.m., with all members present except Councilmember Chavez, who arrived at 6:32 p.m.
7. PUBLIC HEARINGS
Public Comments:
7.1 Military Equipment Use Policy: Consider the Annual AB 481 Military Equipment Report, Review Existing Military Equipment Ordinance, and Amend the Military Equipment Policy, as Appropriate Attachments
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Public Comments
1. Staff Report Military Equipment Annual Report 23-0123.pdf
2. Proposed Ordinance re 23-0123.pdf
3. Exhibit 1 to Proposed Ordinance - Amended Policy 714.pdf
4. Attachment 1_Ord 2022-3520.pdf
5. Attachment 2_ Policy 714 with deletions and additions.pdf
6. UPDATED Attachment 3.pdf
7. Attachment 3_2022 CVPD ANNUAL MILITARY EQUIPMENT REPORT.pdf
8. Item 7.1 - Baker.pdf
9. Item 7.1 - Military Equipment.pdf
Sophia Rodriguez
Please minimize/reduce the purchasing of military equipment.
Margaret Baker
Our Council must not approve Agenda Item 7.1 without changes to the proposed AB 481 policy: in particular, it must 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 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. The blanket adoption of the use policies and acquisition of military equipment in Chula Vista must STOP. City Council is responsible for scrutinizing each type of equipment for its use and impact. No more blanket approval of the PD plans. South Bay People Power demands a proper vetting process with time for community engagement and revisions to this critical Report and the Use Policies and Procedures.
Justin Akers
Chula Vista City Council: I am a longtime resident of Chula Vista and am very disturbed and disappointed that you are greenlighting an endless series of processes that are creating a militarized police dept. From surveillance technologies, drones that constantly fly over my neighborhood and house, to now pushing through a policy to allow for more procurement of military equipment and technology that will do nothing to provide safety and security, but will lead to further erosion and violation of rights of community members. Why are you rushing this through passage, and without any community engagement or scrutiny? Where is the most recent annual report on the use of existing military equipment that you are required to publish? Why are you turning Chula Vista into a laboratory of militarization and surveillance? Why is there no end to this buildup? Why are you so eager to turn the CVPD into a functional military? Do not move forward with shady, non-transparent process. Why not establish privacy and civil rights protections instead (in the form of ordinances & an independent Privacy Advisory Commission)? Show the people of Chula Vista that you have concern for their rights, that you are not opportunists looking to cash in to the arms and surveillance corporations that are clearly driving this, and are not willing to let the rights to privacy and civil rights be trampled by allowing the police become an occupational and surveilling force in our communities and neighborhoods.
Pati Ruiz
I urge Councilmembers to allow us, Chula Vista citizens, more time to review the Military Equipment annual report. Studies show that Police militarization fails to keep officers safe or prevent violence or harm in communities. Please do not approve this without an expanded period of robust public vetting of the policy.
Wendy Gelernter
I oppose the military equipment report and request that Council members conduct due diligence before the addition of even more military equipment to the City’s arsenal.
Chula Vista still has not implemented Privacy policies or formed the Privacy Advisory Commission recommended six months ago by the community experts on the Privacy Task Force. Meanwhile surveillance technology, armored vehicles, assault rifles, teargas, ‘less lethal’ launchers and munitions, and other weaponry may be used against members of our community, without protections for our civil liberties and safety. This is just wrong — morally, economically and for public safety.
Brenda Aguirre
As a resident of the Southbay border region of San Diego, I understand how the constant over-policing, militarization, and surveillance has negatively impacted our community for years. The city has been quietly approving the purchase of military equipment through the council's consent calendar and accepting private donations with little public scrutiny or oversight. The emphasis on militarizing our police force goes against our city's values and our now lapsed designation as a certified welcoming city. It's crucial to regulate police acquisition of military equipment, as studies have shown that the militarization of police departments leads to an increase in civilian deaths. Military police teams are also more often deployed, and communities of color do not approve of this policy without an extended period of public vetting. Therefore, it's essential to have a more transparent and inclusive process when implementing these policies.
Kathy Hardy
Once again, the City is putting “the cart before the horse”! When did it become appropriate for the City to skip the important requirements for community members to review CVPD’s Military Equipment Report or participate in a community engagement hearing before approving this ordinance? This defiance of the rules does nothing to enhance transparency or build trust with community members. Effective partnerships between CVPD and community stakeholders requires an open dialogue. This is an essential step in trust building. The militarization of policing across America is making many feel that local police agencies are at war with their residents. This current lack of transparency in CV gives credence to this belief! What do the CVPD and City leaders fear by following a collaborative model as opposed to a back door deal? I am asking for the City Council to follow the standards set by AB 481 instead of ramming another ill-conceived dictate down our throats! Lois K Klepin
I am concerned that the acquisition and use of military-grade equipment by Chula Vista Police will not reduce crime, but will result in the creation of a community of fear.
I am also concerned that using military-grade equipment will lead to increased violence against police officers.
Please slow down the process of obtaining weapons of war and allow time for the community to consider ways to eliminate unintended consequences.
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 Captain Peak, Lieutenant Adkins and Assistant City Attorney McClurg gave a presentation on the item and responded to questions of the City Council.
Mayor McCann opened the public hearing.
The following members of the public spoke in support of the item:
John Acosta, Chula Vista resident
Delia Dominguez Cervantes, Chula Vista resident
The following members of the public spoke in opposition to the item:
Norell Martinez, Chula Vista resident
Margaret Baker, Chula Vista resident
The following members of the public submitted written communications in opposition to the item:
Sophia Rodriguez, Chula Vista resident
Margaret Baker, Chula Vista resident
Justin Akers
Pati Ruiz
Wendy Gelernter
Brenda Aguirre
Kathy Hardy
Lois K. Kleplin
There being no further members of the public who wished to speak, Mayor McCann closed the public hearing.
Council discussion ensued.
Moved by
Mayor McCann
Seconded by
Deputy Mayor Preciado
To place the ordinance below on first reading, heading read, text waived. The motion was carried by the following vote:
Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez Result, Carried (5 to 0)
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED CHULA VISTA POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY, AUTHORIZING FUTURE AMENDMENTS TO THE POLICY BY RESOLUTION, AND MAKING FINDINGS REGARDING THE POLICY AND ANNUAL MILITARY EQUIPMENT REPORT (FIRST READING)
8. CITY MANAGER’S REPORTS
Public Comments:
There were none.
9. MAYOR’S REPORTS
Public Comments:
There were none.
10. COUNCILMEMBERS’ COMMENTS
Public Comments:
Councilmember Cardenas spoke regarding the Labor Relations Ad-hoc Subcommittee and announced upcoming JEDI community meetings.
At the request of Councilmember Cardenas, there was a consensus of the City Council to add an item to the City Council agenda for May 9, 2023, to report findings and recommendations from the Labor Relations Ad-Hoc Subcommittee, on topics including Citywide project labor agreements, labor transparency ordinance, and issues regarding livable wages.
Deputy Mayor Preciado gave a report on the Welcoming America Subcommittee and announced the grand opening of the City's homeless shelter.
At the request of Deputy Mayor Preciado, there was a consensus of the City Council to discuss matters regarding parity of compensation for the entire public safety group, to the extent legally allowable, during the closed session item on labor negotiations scheduled for the May 9, 2023 City Council agenda.
Acting City Attorney Maland spoke regarding the limitations of Closed Session meetings. The request was added to the previous referral.
Councilmember Chavez spoke regarding her attendance at the Day of the Child event and invited the community to the upcoming JEDI community meetings in her district.
11. CITY ATTORNEY'S REPORTS
Public Comments:
There were none.
12. ADJOURNMENT
Public Comments:
The meeting was adjourned at 7:44 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk