1. CALL TO ORDER
Public Comments:
2. ROLL CALL
Public Comments:
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Comments:
4. SPECIAL ORDERS OF THE DAY
Public Comments:
4.1 Presentation of a Proclamation to Zoe Bulls Proclaiming the Month of June 2023 Alzheimer's Brain Awareness Month in the City of Chula Vista Public Comments:
4.2 Presentation and Update by Chief Sustainability Officer Dennis Gakunga on the Chula Vista Community Shuttle Program Attachments
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Public Comments
1. Item 4.2 Chula Vista Community Shuttle Update 06.13.23.pdf
5. CONSENT CALENDAR (Items 5.1 through 5.8)
Public Comments:
All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration.
RECOMMENDED ACTION:
Council approve the recommended action on the below consent calendar items.
5.1 Approval of Meeting Minutes
Attachments
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Public Comments
1. Draft Minutes - June 6, 2023.pdf
RECOMMENDED ACTION:
Approve the minutes dated: June 6, 2023
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 Gann Limit: Establish Appropriation Limits for Fiscal Year 2023/24 Attachments
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Public Comments
1. Staff Report GANN Limit - 23-0112.pdf
2. Resolution.pdf
3. Attachment 1 FY24 GANN Limit(1).pdf
Report Number
:
23-0112
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:
Adopt a resolution establishing the appropriations limit (Gann Limit) for the City of Chula Vista for Fiscal Year 2023/24.
5.5 Road Maintenance: Adopt a List of Projects for Fiscal Year 2023/24 Funded by SB 1: The Road Repair and Accountability Act of 2017 Attachments
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Public Comments
1. Staff Report SB1 RMRA FY2023-24 Project Lists - 23-0093.pdf
2. Attachment 1 - Local Streets and Roads - Projected Revenues FY2023-24.pdf
3. Attachment 2 - RMRA List of Projects for FY24.pdf
4. Attachment 3 - Maintenance of Effort.pdf
5. Resolution - SB1 RMRA Project List FY24.pdf
6. Exhibit 1 - RMRA List of Projects for FY24.pdf
Report Number
:
23-0093
L
ocation
:
Citywide
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), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15061(b)(3).
RECOMMENDED ACTION:
Adopt a resolution adopting a list of projects for Fiscal Year 2023/24 funded by the Road Maintenance and Rehabilitation Account (RMRA) created by SB 1: The Road Repair and Accountability Act of 2017.
5.7 Agreement: Approve an Agreement with Pacific Secured Equities Doing Business As Intercare Holdings Insurance Services, Inc., as the City’s Workers' Compensation Third Party Administrator Attachments
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Public Comments
1. Staff Report Agreement with Intercare Holdings Insurances as Workers' Compensation Administrator - 23-0154.pdf
2. Resolution (TPA).pdf
3. Attachment 1 - 2023 Intercare TPA Contract.pdf
Report Number
:
23-0154
L
ocation
:
No specific geographic location
D
epartment
:
Human Resources
Environmental Notice
:
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDED ACTION:
Adopt a resolution approving an agreement with Pacific Secured Equities, doing business as Intercare Holdings Insurance Services, Inc., as the City’s Workers' Compensation Third Party Administrator.
5.6 Heritage Bridge Replacement Project: Appropriate Highway Bridge Program Funds to the Heritage Bridge Replacement Project Attachments
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Public Comments
1. Staff Report - Heritage Bridge Replacement Project Appropriation - 23-0143(1).pdf
2. Resolution(1).pdf
3. Attachment 1 - Caltrans Funding Authorization ‘E76’ document.pdf
4. Attachment 2 - RTIP Program Funding Summary.pdf
5. Attachment 3 - Plan Title Sheet Heritage Bridge Replacement Project (STM386).pdf Report Number
:
23-0143
L
ocation
:
Heritage Road between Main Street and Entertainment Circle North D
epartment
:
Engineering
Environmental Notice
:
The Project was adequately covered in previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327.
RECOMMENDED ACTION:
Adopt a resolution appropriating $3,045,432 of Highway Bridge Program funds based on unanticipated revenue to the Heritage Bridge Replacement Project (STM0386). (4/5 Vote Required)
5.8 Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Amended Position Count; Revised Ordinance; Revised Compensation Schedule; Updated Conflict of Interest Code; and Budget Amendments Attachments
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Public Comments
1. Staff Report Classification Plan and Compensation Schedule - 23-0120(1).pdf
2. Resolution A - Amend Compensation Schedule and Classification Plan (06-13-23 Meeting)(1).pdf
3. Resolution B - Approve Revised Compensation Schedule Eff 07-14-2023 (06-13-23 Meeting).pdf
4. Resolution C - Conflict of Interest Code (6-13-23 Meeting).pdf
5. Resolution D - Budget Amendments (6-13-23 Meeting)(1).pdf
6. Ordinance - Amend CV Muni Code Section 2.05.010 (06-13-23 Meeting).pdf
7. Attachment 1 - FY 23-24 Compensation Schedule Effective 07-14-2023 (06-13-2023 Meeting).pdf
8. Attachment 2 - Exhibit 1 - Designated positions list REDLINE.pdf Report Number
:
23-0120
L
ocation
:
No specific geographic location
D
epartment
:
Human Resources
Environmental Notice
:
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDED ACTION:
Adopt resolutions: (A) Amending the Classification Plan and Compensation Schedule to reflect salary adjustments for certain classifications and amending the authorized position count in various departments effective July 14, 2023; (B) Approving the revised Fiscal Year 2023-24 Compensation Schedule effective July 14, 2023, as required by the California Code of Regulations, Title 2, Section 570.5; (C) Modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700); and (D) Amending the Fiscal Year 2022-23 and the Fiscal Year 2023-24 budget to appropriate funds, accordingly (4/5 Vote Required)
; and Place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Communications Manager and delete the unclassified position title of FA Graphic Designer/Webmaster. (First Reading)
(4/5 Vote Required)
6. PUBLIC COMMENTS
Attachments
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Public Comments
1. Public Comments - Davis.pdf
Robert Johnson
Alzheimer's Brain
WHO is Alzheimer's brain? for $1000
i dont know but i think yall got it wrong/.
Mary Davis
I support the appointment of Jesse Navarro to the Citizen's Oversight Committee for Measure A, and expect you to abide by your own Municipal Code and swear him in tonight for that position.
Your attempt at the prior regular meeting to rescind your previous vote retroactively does not align with your own Municipal Code:
https://chulavista.municipal.codes/CVMC/2.04.570
B. A motion to rescind (repeal, cancel, nullify) prior Council action on a main motion shall be in order at any meeting of the Council. The effect of rescinding prior Council action shall operate prospectively only and not retroactively to the date of the original action. That is, it shall not operate to adversely affect intervening legal rights which create an estoppel situation.
Readers can learn more at:
https://laprensa.org/cv-council-fumbles-appointment-citizens-oversight-committee 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 Privacy and Technology: Place an Ordinance on First Reading to Add Chula Vista Municipal Code Chapter 2.73, Establishing a Privacy and Technology Advisory Commission Attachments
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Public Comments
1. Staff Report - Privacy and Technology Advisory Commission - 23-0149.pdf
2. Draft Ordinance - Privacy and Technology Advisory Commission.pdf
3. Attachment 1 - 112-04 - Privacy Protection and Technology Transparency Policy.pdf
4. Item 7.1 Final Slides Proposed Privacy Advisory Commission Council_June 13.pdf
5. Preciado Draft Ordinance - Privacy Protection and Technology Advisory Commission Attorney edits-JDSM Rev.pdf
6. Item 7.1 Baker.pdf
7. Item 7.1 Napolez.pdf
8. Item 7.1 Knox .pdf
Francis X Riley
I join with others who support such a body but not as proposed by this Ordinance and propose changes that are more in line with the needs of the community and less as "window dressing" to silence the concerns raised about possible abuses of techolonogy and surveillance.
Kim Knox
The League of Women Voters' position on surveillance states that ”Cities and counties should enact privacy and technology-use ordinances to protect privacy and other civil liberties.” Later in that position it states that there should be “Evidence of crime-prevention effectiveness, civil rights impact, fiscal costs, and source of funding for surveillance technology…” and the “Establishment of independent civilian commissions at the local jurisdiction level which consist of representatives of involved communities of interest such as civil rights advocates, attorneys, marginalized groups, specialists in technology, privacy and open government, to oversee all law enforcement and government acquisition and use of technology for surveillance.
The League of Women Voters is concerned regarding the lack of inclusion of impacted communities and their organizations. We are also concerned that there will be a lot of work to do at the beginning when they have to monitor any proposed materials along with the materials already purchased and being used. We recommend having monthly meetings at least until the commission can be able to judge how often they need to meet.
Lois Katherine Klepin
I am in favor of the formation of a Privacy Protection and Technology Oversight Commission, but the language of the City-proposed ordinance needs to be stronger and more specific.
Nicholas Paul
I am in favor of the formation of a Privacy Protection and Tech oversight commission, but am writing to oppose the ordinance as written. Ive been involved with the ad-hoc community group that was formed after the 2020 ALPR data sharing fiasco, and from the very beginning our group has advocated for an increased need for transparency by CVPD and the need for our elected reps to commit to creating safeguards and policy to ensure that the safety of our undocumented friend and neighbors is not compromised again. The proposed ordinance does not exclude commissioners that may have possible conflicts of interest (for example; those who might profit from a commission decision such as ALPR or drone dealers, current CVPD/city employees etc.), the ordinance also does not spell out the process, to review current uses of technology.
Brenda Aguirre
I with South Bay People Power oppose the current ordinance, resolution, and staff report. Amendments are necessary before a vote can be taken. Our organization advocates for the creation of a "Privacy Protection and Technology Oversight Commission" based on best practices and submission of two ordinances proposed by us months ago. Additionally, we strongly support the adoption of the important measures.
Robert Johnson
when u kicked us out of the city hall was that to protect our rights too? yall are tyrannts Margaret Baker
On behalf of South Bay People Power, I am writing to oppose the ordinance, resolution and staff report as written, and to demand amendments before a vote is taken. We favor formation of a "Privacy Protection and Technology Oversight Commission" based on best practices and the two ordinances we submitted months ago. We also support adoption of the important policy proposals developed by the community experts who worked for 9 months as part of the City's own Privacy & Tech Task Force. Our community expects REAL CHANGE - and cannot accept this deficient and tone-deaf ordinance. We need a new & essential layer of independent oversight & input into decision-making regarding technology. Please see our email that outlines specific amendments & includes our model documents that provide language and provisions that Chula Vista needs to adopt as enforceable law to protect our privacy, civil liberties and safety.
Kathy Hardy
Our right to privacy is under siege right here in Chula Vista with the use of surveillance tools that lack adequate safeguards to protect this important human right. Public surveillance measures should be limited to those that are strictly necessary and proportionate. It’s essential for the City of Chula Vista to respect the privacy of residents as they use these pervasive technology tools. I am in favor of an independent commission in Chula Vista that will protect our rights while ensuring safety in our community. More work needs to be done to satisfy the recommendations of the Privacy and Technology Task Force that the City established. This issue requires more than the “window dressing” that this Ordinance represents. Instead, meaningful and thoughtful oversight is needed to protect our inherent democratic principle of the right to privacy.
Pedro Rios
When Chula Vista was sharing ALPR data with immigration authorities in violation of its Welcoming City status, community members protested & demanded City officials address this to protect all of its residents. City officials responded by having an advisory task force come up with recommendations on privacy protections on its use of surveillance technology. The recommendations included formation of a robust Privacy Protection and Technology Oversight Commission. Instead, City officials are considering a water-downed version that only window-dresses the problem, without real substantive protections. We need a genuine ordinance that protects all of Chula Vista residents.
Pati Ruiz
I am a member of the Technology and Privacy Advisory Task Force that developed a draft set of policy recommendations for Chula Vista. In our draft policy recommendations we detailed roles and responsibilities for a Privacy Advisory Board and I urge this body to strengthen the role of th proposed Commission by adopting our original recommendations and specifying how the Commission will include independent accountability and oversight. The board should be an independent and accountable civilian body of representatives with expertise on technology and privacy matters. When we drafted our policy recommendations we included the creation of an independent Privacy Advisory Board which I believe is essential to protecting the privacy of Chula Vista residents. The Commission/Board should provide a forum for residents to voice their concerns about privacy and technology, and the Commission/Board should have an active role in advising the City Council on complex technology and privacy issues. Please reconsider our original recommendations that we spent so much energy and time drafting.
Ian M. Seruelo
I am in favor of the formation of a Privacy Protection and Technology Oversight Commission. However, this ordinance does not embody what the community needs. Amendments should include the creation of an independent and accountable civilian body of representatives with expertise on these matters to provide inputs to decision-makers.
Sara Kennedy
I support Privacy Protection and Technology Oversight, but this current proposal is too vague and weak. Our communities deserve a carefully planned commission - especially one that impacts communities even beyond the limits of Chula Vista! Jeanne Brown
Although I want an oversight board for Privacy and Technology, what is planned is not sufficient to reflect the needs of the community.
Patricia Mondragon
I am in favor of a Privacy Protection and Technology Oversight Commission, but NOT the vague language and weak provisions of this City-proposed ordinance.
Report Number
:
23-0149
L
ocation
:
No specific geographic location
D
epartment
:
Information Technology 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:
Place an ordinance on first reading to establish a Privacy and Technology Advisory Commission under Chula Vista Municipal Code Chapter 2.73. (First Reading)
7.2 Presentation of the Fiscal Year 2024 Economic Development Work Plan: Elev8 Chula Vista Attachments
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Public Comments
1. Item 7.2 - ED Work Plan Presentation.pdf
Location:
No specific geographic location
Department:
Economic Development
Environmental Notice:
The activity is not a “Project” as defined in 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:
Hear the presentation and accept Economic Development’s Fiscal Year 2024 Work Plan.
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. ADJOURNMENT
Public Comments:
to the regular City Council meeting on July 11, 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 Office of the City Clerk at [email protected]
or (619) 691-5041.
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