1. CALL TO ORDER
Public Comments:
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:06 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.
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 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:
Mayor McCann read the proclamation and City Clerk Bigelow presented it to Zoe Bulls.
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 Chief Sustainability Officer Gakunga gave a presentation on the item.
5. CONSENT CALENDAR (Items 5.1 through 5.8)
Public Comments:
Items 5.6 and 5.8 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 through 5.5 and 5.7. 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 - June 6, 2023.pdf
Approve the minutes dated: June 6, 2023
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:
Consideration of requests for excused absences. No requests were received for this meeting.
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.pdf
4. Attachment 1 FY24 GANN Limit(1).pdf
Adopt a resolution establishing the appropriations limit (Gann Limit) for the City of Chula Vista for Fiscal Year 2023/24.
RESOLUTION NO 2023-076 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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
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.
RESOLUTION NO 2023-077 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023/24 FUNDED 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
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.
RESOLUTION NO 2023-079 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC SECURED EQUITIES DBA INTERCARE HOLDINGS INSURANCE SERVICES, TO SERVE AS THE CITY’S THIRD-PARTY ADMINISTRATOR AND ADMINISTER THE CITY’S WORKERS’ COMPENSATION PROGRAM
ITEMS REMOVED FROM THE CONSENT CALENDAR
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.pdf
2. Staff Report - Heritage Bridge Replacement Project Appropriation - 23-0143(1).pdf
3. Resolution(1).pdf
4. Attachment 1 - Caltrans Funding Authorization ‘E76’ document.pdf
5. Attachment 2 - RTIP Program Funding Summary.pdf
6. Attachment 3 - Plan Title Sheet Heritage Bridge Replacement Project (STM386).pdf John Acosta, Chula Vista resident, spoke regarding conflicts of interest.
Engineering and Capital Projects Director Valle responded to questions from the City Council.
Moved by
Mayor McCann
Seconded by
Deputy Mayor Preciado
To adopt Resolution No. 2023-078, 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 2023-078 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING HIGHWAY BRIDGE PROGRAM FUNDS BASED ON UNANTICIPATED REVENUE TO THE HERITAGE BRIDGE REPLACEMENT PROJECT (STM0386)
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.pdf
2. Staff Report Classification Plan and Compensation Schedule - 23-0120(1).pdf
3. Resolution A - Amend Compensation Schedule and Classification Plan (06-13-23 Meeting).pdf
4. Resolution A - Amend Compensation Schedule and Classification Plan (06-13-23 Meeting)(1).pdf
5. Resolution B - Approve Revised Compensation Schedule Eff 07-14-2023 (06-13-23 Meeting).pdf
6. Resolution C - Conflict of Interest Code (6-13-23 Meeting).pdf
7. Resolution D - Budget Amendments (6-13-23 Meeting).pdf
8. Resolution D - Budget Amendments (6-13-23 Meeting)(1).pdf
9. Ordinance - Amend CV Muni Code Section 2.05.010 (06-13-23 Meeting).pdf
10. Attachment 1 - FY 23-24 Compensation Schedule Effective 07-14-2023 (06-13-2023 Meeting).pdf
11. Attachment 2 - Exhibit 1 - Designated positions list REDLINE.pdf John Acosta, Chula Vista resident, spoke regarding conflicts of interest.
Moved by
Mayor McCann
Seconded by
Councilmember Gonzalez
To adopt Resolution Nos. 2023-080 through 2023-083 and place the below ordinance on first reading, 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)
A) RESOLUTION NO 2023-080 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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) RESOLUTION NO 2023-081 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023/24 COMPENSATION SCHEDULE EFFECTIVE JULY 14, 2023, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 C) RESOLUTION NO 2023-082 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AMEND THE LIST OF DESIGNATED FILERS, AND ASSOCIATED DISCLOSURE CATEGORIES D) RESOLUTION NO 2023-083 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2022/23 AND 2023/24 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF COMMUNICATIONS MANAGER AND DELETING THE UNCLASSIFICATION 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 Ruben Padilla spoke in support of keeping Harborside Park closed.
Mariana Saponora, representing Senior Citizen Group Crusaders, spoke regarding pedestrians.
John Acosta, Chula Vista resident, spoke regarding Councilmembers.
Brandon Claypool, Chula Vista resident, spoke in support of people experiencing homelessness.
Christine Brady, Chula Vista resident, spoke in support of arts and culture.
The following members of the public spoke in support of appointing Jesse Navarro to the Measure A Citizens' Oversight Committee:
Ana B.
Laura
Gina E.
Lillie
Cheryl
Delia Dominguez-Cervantes, Chula Vista resident, spoke in support of reopening Harborside Park and appointing Jesse Navarro to the Measure A Citizens' Oversight Committee.
Jesse Navarro spoke in support of being appointed to the Measure A Citizens' Oversight Committee.
Leticia spoke in support of reopening Harborside Park.
Mary Davis submitted written communications in support of appointing Jesse Navarro to the Measure A Citizens' Oversight Committee.
Robert Johnson submitted written communications regarding Alzheimer's.
7. ACTION ITEMS
Public Comments:
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.
Deputy Mayor Preciado announced that he had distributed a substitute ordinance for the item to the City Council.
Chief Sustainability Officer Gakunga and Information Technology Project Manager Bade gave a presentation on the item.
The following members of the public spoke in opposition to staff's recommendation:
Margaret Baker, Chula Vista resident, representing South Bay People Power Pegah Parsi, representing San Diego Privacy Advisory Board Pedro Rios
Nicholas Paul, Chula Vista resident
Art Castanares
Sophia Rodriguez, Chula Vista resident, provided suggestions on the proposed ordinance.
The following members of the public submitted written communications in opposition to staff's recommendation:
Francis X. Riley
Kim Knox
Lois Katherine Klepin
Nicholas Paul
Brenda Aguirre
Margaret Baker
Kathy Hardy
Pedro Rios
Pati Ruiz
Ian M. Serulo
Sara Kennedy
Jeanne Brown
Patricia Mondragon
Robert Johnson submitted written communications expressing a neutral position on the item.
Moved by
Deputy Mayor Preciado
Seconded by
Councilmember Cardenas
To place the substitute ordinance distributed by Deputy Mayor Preciado on first reading on the next agenda for City Council consideration. The motion passed by the following vote:
Yes (5)
Mayor McCann, Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Councilmember Gonzalez Result, Carried (5 to 0)
Mayor McCann recessed the meeting at 7:00 p.m. The City Council reconvened at 7:11 p.m., with all members present.
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
Economic Development Manager Evans gave a presentation on the item.
City Council discussion ensued.
At the request of Deputy Mayor Preciado, there was a consensus of the City Council to make a referral to the City Manager to explore a consultant or senior employee position to supplement the work of the Economic Development Department to focus on the generation of jobs in the Cit y.
Cristine Brady, Chula Vista resident, spoke in support of arts and culture and non-profit organizations.
Moved by
Mayor McCann
Seconded by
Councilmember Chavez
To accept Economic Development's Fiscal Year 2024 Work Plan. 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)
8. CITY MANAGER’S REPORTS
Public Comments:
There were none.
9. MAYOR’S REPORTS
Public Comments:
Mayor McCann spoke regarding his attendance at the following recent events: Chamber of Commerce Installation Dinner and he recognized Marcy Weaver, Flag Day, Juneteenth flag raising, and the opening of Raising Cane's. He expressed Father's Day greetings.
10. COUNCILMEMBERS’ COMMENTS
Public Comments:
Deputy Mayor Preciado spoke regarding the recent City Council action related to Harborside Park and issues related to homelessness. He spoke regarding performing arts and expressed Father's Day greetings.
Councilmember Chavez spoke regarding her attendance at the grand reopening of Rev Body Gym and the Chamber of Commerce Installation Dinner, and she recognized Marcy Weaver. She congratulated City Manager Kachadoorian and Ambassador Carlos Gonzalez Gutierrez for receiving the President’s Award and expressed Father's Day greetings.
Councilmember Gonzalez spoke regarding his attendance at the grand reopening of Rev Body Gym and the Chamber of Commerce Installation Dinner, and he recognized Marcy Weaver. He congratulated City Manager Kachadoorian for receiving the President’s Award.
11. CITY ATTORNEY'S REPORTS
Public Comments:
There were none.
12. ADJOURNMENT
Public Comments:
The meeting was adjourned at 8:29 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk