Cities Index.
Annotated agenda

Chula Vista City Council
May 23, 2023

Document
Annotated agenda
Meeting
May 23, 2023
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 Oaths of Office:

Public Comments:
- Human Relations Commission
Christian Gomez

4.2 Presentation by Del Mar Fairground Marketing Representative Regarding the 2023 San Diego County Fair Streetlight Banner Program Within the City of Chula Vista and the 2023 San Diego County Fair Season Attachments
|
Public Comments

1. Item 4.2- 2023 San Diego County Fair.pdf

4.3 Presentation of a Proclamation to Chula Vista Asian Americans Proclaiming May 2023 as Asian American, Native Hawaiian, and Pacific Islander Month in the City of Chula Vista Public Comments:

4.4 Presentation of a Proclamation to The Us for Warriors Foundation and Chula Vista Military and Veterans Proclaiming May 2023 as Military Spouse Appreciation Month in the City of Chula Vista Public Comments:

5. CONSENT CALENDAR (Items 5.1 through 5.6)
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 t
he recommended actions
appearing below consent calendar Items 5.1 through 5.2 and 5.4 through 5.5. The headings were read, text waived
.

The motion carried by the following vote:

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 Requests for Excused Absences
Public Comments:

RECOMMENDED ACTION:

Consider requests for excused absences as appropriate.

5.4 Agreement: Approve a Consultant Services Agreement with Chandler Asset Management, Inc. to Provide Non-Discretionary Investment Management Services Attachments
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Public Comments

1. Staff Report - Investment Management Services Agreement - 23-0134.pdf

2. Resolution - Chandler Agreement.pdf

3. Attachment 1 - RFP P13-2023 for Non-Discretionary Investment Management Services.pdf

4. Attachment 2 - Agreement with Chandler Asset Management, Inc. to Provide Non-Discretionary Investment Management Services.pdf Report Number
:
23-0134
L
ocation
:

No specific geographic location
D
epartment
:

Finance
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:

To adopt Resolution No. 2023-059, heading read, text waived. The motion carried by the following vote:

5.5 Academic Program Planning Agreement: Approve an Academic Program Planning Agreement with Southwestern Community College District Attachments
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Public Comments

1. Staff Report Academic Program Planning Agreement with Southwestern Community College - 23-0131.pdf

2. Resolution- Academic Program Planning Agreement with Southwestern College.pdf

3. Attachment 1- 2022-10-19_ University Center Task Force Meeting Minutes (Draft).pdf

4. Attachment 2- Southwestern College Agreement - UID Planning Services.pdf

5. Attachment 3- Academic Program Planning Project.pdf
Report Number
:
23-0131
L
ocation
:

No specific geographic location
D
epartment
:

City Manager
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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.

RECOMMENDED ACTION:

Adopt a resolution approving an agreement with Southwestern Community College District for academic program planning for the University Innovation District.

ITEMS REMOVED FROM THE CONSENT CALENDAR

5.3 Military Equipment Use Policy: Adopt an Ordinance Approving the Amended Military Equipment Policy and the Annual AB 481 Military Equipment Report (Second Reading and Adoption) Attachments
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Public Comments

1. Original Staff Report from April 25, 2023 Military Equipment Annual Report 23-0123.pdf

2. Proposed Ordinance.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. Attachment 3 CVPD Annual Military Equipment Report.pdf

7. Public Comments - Baker.pdf

8. Item 5.3 AB 481 Community Engagement Meeting Powerpoint 2023_mm edits 5.18.23.pdf Nancy Relaford
The continued militarization of municipal police forces and acquisition of military weapons, equipment, and surveillance technology poses an increasing threat to true public safety. Any military equipment should be fully scrutinized & vetted with the community for need, potential uses and abuses, and privacy & civil rights impact before acquiring or retaining such equipment, regardless of cost or funding source. Chula Vista police has deployed militarized weapons in the City of San Diego during racial justice demonstrations - this is everyone's issue regardless of residency. No to new military drones, and NO to any level of military weapons, tactics, and mindset in civil police forces.

Kathleen Adams
Please pass item #503 as we need to give the police all the equipment they need to keep our city safe. As crime has become more violent, our police need to be prepared to handle all types of crime. I want to feel safe in my city no matter the time of day or night and I do not feel safe in Chula Vista!! Norell Martínez
I ask that before you hastily approve this ordinance, that you take a look at what happened in Uvalde, TX. 21 people died and when police showed up with their military gear, they did not do anything to save these children and teachers. Articles were published talking about how much funding the Uvalde police department had been given for military equipment and they still could't go in and save those children. This clearly shows that more military equipment won't stop tragedies from occurring. I also think A FULL Accounting of Costs, including Training/Personnel Costs should take place. These personnel costs can be some of the biggest expenses, and yet they are not included in the report. We have a state-granted right to know how our public funds are spent on personnel costs associated with military equipment: How many hours of personnel time went into training? What is the estimated cost for that personnel time? Louis M.

Government legislation now labels equipment used by the police department as “weapons of war” Or “military equipment”. But this is the same equipment that has always been used to keep the community safe.

I have no problem with personnel using this equipment because I know they are highly trained.

There have been 202 mass shootings in this nation with 21 being in California.

With the decriminalization of drugs; the reduction of the jail population and the rise of violent crime please don’t take away tools that keep our community and loved ones safe.

Yvonne
In a time when we should be focusing on non-violent interventions, community policing and mental health support, we should not be supporting equipment meant for war. Ridiculous. Hire some mental health professionals instead.

Kathy Hardy
I have always been a supporter of community policing policies where relationships with community members are formed and a foundation of trust is built. What is taking place in Chula Vista is the exact opposite of this type of policy. The militarization of our police force does nothing to engender trust. It’s especially shocking that many of these decisions are being put in place without the input or knowledge of stakeholders. At the very least, it’s incumbent on the City to be transparent on what equipment is being purchased, the costs involved for that equipment as well as the costs for training those who will use it. When the community and the police work together towards the same goals, a better outcome is achieved. It’s disheartening to know that the dynamics involved in this process have done nothing to establish a climate of trust between CVPD and Chula Vista’s residents.

Lois K Klepin
I request a Community Engagement Meeting to be held prior to the public hearing, at a time convenient for the public, outside of working hours, and held in a neutral location such as the library. Chula Vista residents need time to discuss issues related to the militarization of the people we trust to protect us.

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.

Report Number:
23-0123
Location:

No specific geographic location
Department:

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:

To adopt Ordinance No. 3549 heading read, text waived. The motion was carried by the following vote

5.6 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending March 31, 2023, Appropriate Funds to Implement Required Budget Adjustments, and Authorize the City Manager to Execute Certain Documents Attachments
|
Public Comments

1. Staff Report FY2023 Third Quarter Financial Report - 23-0135(1).pdf

2. Resolution - FY 2023 Third Quarter Budget Amendments_Final_5.17.23(1).pdf

3. Attachments 1 - General Fund Budget Transfers.pdf

4. Attachments 2 - General Fund Budget Amendments.pdf

5. Attachments 3 - City of Chula Vista IGT Cert.pdf

6. Attachments 4 - South Bay Community Services Agreement.pdf Report Number
:
23-0135
L
ocation
:

No specific geographic location
D
epartment
:

Finance
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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.

RECOMMENDED ACTION:

To adopt Resolution No. 2023-061, heading read, text waived. The motion carried by the following vote:

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 Annual Budget: Consideration of Adopting the Fiscal Year 2023/24 Operating and Capital Improvement Budgets and Revised Fiscal Year 2023/24 Compensation Schedule Attachments
|
Public Comments

1. Staff Report Consideration of the Fiscal Year 2023-24 Operating and Capital Improvement Budgets - 23-0139(1).pdf

2. Attachment (A) FY 2024 Proposed Budget.pdf

3. Attachment (B) FY2024 City Manager Amended Proposed Budget Memo (5.15.2023) Final.pdf

4. Attachment (C) Recommended Expenditures by Department and Category FY2023-2024.pdf

5. Attachment (D) Schedule of Revenues Fiscal Year 2023-2024.pdf

6. Attachment (E) Proposed Staffing by Department and Fund FY 2023-2024.pdf

7. Attachment (F) Unrepresented Compensation Summary FY22-24.pdf

8. Attachment (G) - FY 22-23 Compensation Schedule Effective 06-16-2023 (05-23-2023 Meeting).pdf

9. Attachment (H)- FY 23-24 Compensation Schedule Effective 07-14-2023 (05-23-2023 Meeting).pdf

10. Resolution (A) All Funds and CIP.pdf

11. Resolution (B) Community Facilities Districts 13-M and 97-2(1).pdf

12. Resolution (C) Open Space Districts 01, 20 Zone 7, Community Facilities District 07-M and Capital Projects STM0407(1).pdf

13. Resolution (D) Open Space District 11(1).pdf

14. Resolution (E) Housing Authority.pdf

15. Resolution (F) Successor Agency.pdf

16. Resolution (G) Amend Compensation Schedule and Classification Plan.pdf

17. Resolution (H) Approve Unrepresented Compensation Summary.pdf

18. Resolution (I) - Approve Revised FY2023 Compensation Schedule.pdf

19. Resolution (J) FY2024 Compensation Schedule.pdf

20. Ordinance - Amend CV Muni Code Section 2.05.010 (revised 5.18.2023).pdf Report Number
:
23-0139
L
ocation
:

No specific geographic location
D
epartment
:

Finance
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:

To adopt Resolution No. 2023-062, heading read, text waived. The motion carried by the following vote:

RECOMMENDED ACTION:

To adopt Resolution No. 2023-063, heading read, text waived. The motion carried by the following vote:

RECOMMENDED ACTION:

To adopt Resolution No. 2023-064, heading read, text waived. The motion carried by the following vote:

RECOMMENDED ACTION:

To adopt Resolution No. 2023-065, heading read, text waived. The motion carried by the following vote:

RECOMMENDED ACTION:

To adopt Resolution Nos. 2023-    and place the ordinance on first reading, heading was read, text waived. The motion carried by the following vote:

8. ACTION ITEMS
Public Comments:

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

8.1 Animal Shelter Services: Approve an Agreement with the City of Imperial Beach to Provide Animal Care and Control Services Attachments
|
Public Comments

1. Staff Report - Agreement Between City of Chula Vista and Imperial Beach - 23-0115.pdf

2. Resolution Approving Agreement with Imperial Beach re Animal Care and Contr.pdf

3. Attachment 1_Proposed Agreement.pdf
Report Number
:
23-0115
L
ocation
:

No specific geographic location
D
epartment
:

Animal 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 a resolution approving an agreement between the City of Chula Vista and the City of Imperial Beach to provide animal care and control services to the City of Imperial Beach for up to five years beginning July 1, 2023.

8.2 Reimbursement Agreement and Appropriation: Approve a Reimbursement Agreement with Millenia 2022, LLC for a Portion of the Cost of Construction of the Eastlake Parkway Pedestrian Bridge and Various Traffic Signals and Appropriate Funds Attachments
|
Public Comments

1. Staff Report Millenia Development Impact Fee Reimbursement Agreement.pdf

2. Resolution.pdf

3. Attachment 1 - Millenia Reimbursement Agreement(1).pdf

4. Item 8.2 Council Presentation 2023-05-23.pdf
Report Number
:
23-0101
L
ocation
:

Otay Ranch Eastern Urban Center (“EUC”), known as “Millenia”: East of SR-125, bounded by Birch Road on the north, Eastlake Parkway on the east and Hunte Parkway on the south 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:

Adopt a resolution approving a reimbursement agreement with Millenia 2022, LLC for Construction of a pedestrian bridge and various traffic signals and appropriate funds for that purpose. (4/5 Vote Required)

9. CITY MANAGER’S REPORTS
Attachments
|
Public Comments

1. Item 9- City Manager Comments_Pride City Logo 5-23-23.pdf

10. MAYOR’S REPORTS
Public Comments:

11. COUNCILMEMBERS’ COMMENTS
Public Comments:

11.1 Councilmember Cardenas and Deputy Mayor Preciado:

Attachments
|
Public Comments

1. Memorandum Ad-Hoc Subcommittee on Welcoming City.pdf

2. Baker 11.1.pdf
Margaret Baker
South Bay People Power supports the recommendation from the Ad Hoc Committee on Welcoming City to seek certification as soon as possible.

We would like to thank Deputy Mayor Preciado and Councilmember Cardenas for meeting with us and other immigrant rights advocates from various community-based organizations to present our concerns and expectations.

To recap, our community expectations include the following:
*Rejoin Welcoming America Network;
*Commit Resources to Achieve and Maintain Certification as a Welcoming City; *Strengthen Policies by enacting ordinances and independent oversight; *Implement Programs that proactively address immigrant community needs; and *Identify Connections and Differences between Welcoming City and JEDI Initiatives.

Based on our knowledge and experiences as residents and community advocates, we support the call for Chula Vista to achieve certification status and demonstrate its commitment as a Welcoming City.

Nancy Relaford
I strongly support the ad hoc committee's recommendation that Chula Vista recertify as a Welcoming City as quickly as possible! Certification brings recognition, resources, and accountability for the City. I also want to express sincere gratitude to Deputy Mayor Preciado for pursuing this issue and calling for the ad hoc, and to DM Preciado and CM Cardenas for taking time to hold fact-finding conversations with many different parties, including community members, before making their recommendations. Your openness and interest are so appreciated! Carolyn Scofield
I support the ad hoc community’s findings and recommendations for Chula Vista to become re-certified as a Welcoming City as soon as possible. This program intentionally creates, fosters, and strengthens pathways and procedures for immigrants to fully and safely participate in all that our City has to offer. Thank you.

Kathy Hardy
I wholeheartedly support the recertification of Chula Vista as a Welcoming City! I appreciate Council Member Cardenas and Vice-Mayor Preciado’s recommendation and feel it’s time to “right a wrong”! The original certification was a proud moment for our City and our immigrant population and it should never have been allowed to lapse.

Lois Katherine Klepin
Thank you, Councilman Preciado & Councilwoman Cardenas, for spearheading the movement to make Chula Vista a Welcoming City once more. I full-heartedly hope the full Council will vote to proceed on recommendations to allow immigrants a voice in our community and assure their protection.

Report on findings and recommendations from the Welcoming America Ad Hoc Subcommittee.

RECOMMENDED ACTION:

Hear the report and make a referral to staff as appropriate.

12. CITY ATTORNEY'S REPORTS
Public Comments:

13. ADJOURNMENT
Public Comments:
to the regular City Council meeting on June 6, 2023 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 City Clerk at [email protected]
or (619) 691-5041.

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