Annotated agenda — Chula Vista City Council, July 11, 2023

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 in Honor of the 110th Anniversary of the Chula Vista Woman's Club Public Comments:

4.2 Presentation of a Proclamation to Jayson Jesperson Proclaiming July 11, 2023 as Jayson Jesperson Day in the City of Chula Vista Public Comments:

4.3 Presentation of a Proclamation to Gilbert Contreras Proclaiming July 2023 as Parks and Recreation Month in the City of Chula Vista Public Comments:

5. CONSENT CALENDAR (Items 5.1 through 5.11)
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
|
Public Comments

1. Draft Minutes - June 8, 2023.pdf

2. Draft Minutes - June 13, 2023.pdf
RECOMMENDED ACTION:

Approve the minutes dated: June 8 and 13, 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 Employee Positions: Adopt an Ordinance Adding the Unclassified Position Title of Communications Manager and Deleting the Unclassified Position Title of FA Graphic Designer/Webmaster (Second Reading and Adoption) Attachments
|
Public Comments

1. Staff Report - 2nd Reading Unclassified Position Titles - 23-0156.pdf

2. Ordinance - Amend CV Muni Code Section 2.05.010 (2nd Reading).pdf L
ocation
:

No specific geographic location
D
epartment
:

Human Resources
Environmental Notice
:

RECOMMENDED ACTION:

Adopt an ordinance 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. (Second Reading and Adoption) (4/5 Vote Required)

5.5 Employee Compensation, Bargaining Agreement and Positions: Approve a Memorandum of Understanding with Non-Safety IAFF; Revised Compensation Schedule; Revised Compensation Summary for Unrepresented Employees; Amended Position Count; and Budget Amendments Attachments
|
Public Comments

1. Staff Report Non-Safety IAFF MOU and Positions - 23-0163(1).pdf

2. Attachment 1 - Signed Tentative Agreement NSIAFF (7-11-23 Meeting).pdf

3. Attachment 2 - NIAF 2023-2026 MOU (7-11-23 Meeting).pdf

4. Attachment 3 - Unrepresented Compensation Summary FY22-24 (7-11-2023 Meeting).pdf

5. Attachment 4 - FY 23-24 Compensation Schedule Effective 07-14-2023 (07-11-2023 Meeting).pdf

6. Resolution A - Approve Non-Safety IAFF MOU (7-11-23 Meeting).pdf

7. Resolution B - Approve Unrepresented Compensation Summary (7-11-23 Meeting).pdf

8. Resolution C - Cal OES - Revised.pdf

9. Resolution D - Approve Revised Compensation Schedule Eff 07-14-2023 (7-11-23 Meeting).pdf

10. Resolution E - Amend Authorized Position Count (7-11-2023 Meeting)(1).pdf

11. Resolution F - Budget Amendments (7-11-23 meeting)(1).pdf Report Number
:
23-0163
L
ocation
:

No specific geographic location
D
epartment
:

Human Resources
Environmental Notice
:

RECOMMENDED ACTION:

Adopt resolutions: A) Approving a Memorandum of Understanding (“MOU”) between the City of Chula Vista and Non-Safety Local 2180 International Association of Firefighters (“Non-Safety IAFF”) related to compensation and other terms and conditions of employment; B) Approving the Revised Compensation Summary for Unrepresented Employees; C) Identifying the terms and conditions for Fire Department response away from their official duty station and assigned to an emergency incident; D) Approving the revised Fiscal Year 2021/22 Compensation Schedule effective July 14, 2023, as required by California Code of Regulations., Title 2, Section 570.5; E) Amending the authorized position count in various departments and F) Amending the Fiscal Year 2023/24 budget to appropriate funds, accordingly. (4/5 Vote Required
)

5.6 Community Facilities Districts: Approve the Levy of Special Taxes and Collectibles for Fiscal Year 2023/24 Attachments
|
Public Comments

1. Staff Report Consent for Taxes for Community Facilities Districts - 23-0079.pdf

2. Resolution A(2).pdf

3. Resolution B(2).pdf

4. Resolution C(2).pdf

5. Attachment 1.pdf
Report Number
:
23-0079
L
ocation
:

The Community Facilities Districts are located throughout the City, for specific District locations please see Attachment 1 D
epartment
:

Finance
Environmental Notice
:

This 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) Levying special taxes to be collected to pay the costs of facilities and services for Community Facilities Districts 97-1, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 14-M, 14-M2, 16-I, 17-I, 18-M and 19-M within the City of Chula Vista and designating the Director of Finance to file a list of taxes to be levied on each parcel with the County auditor each year; B) Levying special taxes to be collected to pay the cost of facilities and services for Community Facilities Districts 06-I and 07-M within the City of Chula Vista and designating the Director of Finance to file a list of taxes to be levied on each parcel with the County auditor each year; and C) Levying special taxes to be collected to pay the cost of facilities and services for Community Facilities Districts 97-2 and 13-M within the City of Chula Vista and designating the Director of Finance to file a list of taxes to be levied on each parcel with the County auditor each year.

5.7 Fuel Purchasing Agreement: Approve the Continued Use of the Cooperative Purchasing Agreement Between the City of San Diego and SC Commercial, LLC (Doing Business As the SoCo Group) and Increase the Maximum Contract Amount Attachments
|
Public Comments

1. Staff Report - First Amendment to Increase SOCO Maximum - 23-0142.pdf

2. Resolution - Amendment to Increase Maximum Not-To-Exceed.pdf

3. Attachment 1_Reso 2020-200 (signed).pdf
Report Number
:
23-0142
L
ocation
:

No specific geographic location
D
epartment
:

Public Works
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 the continued use of the cooperative agreement between the City of San Diego and SC Commercial, LLC (doing business as the SoCo Group) and increase the contract maximum not-to-exceed from $4,000,000 to $6,000,000.

5.8 Agreement: Approve the First Amendment to the Municipal Services Agreement with the San Diego Unified Port District Establishing a New Baseline Reimbursement Rate Attachments
|
Public Comments

1. Staff Report Port MSA - 23-0066(1).pdf

2. Resolution.pdf

3. Attachment 1 - Map.pdf

4. Attachment 2 - 2020 MSA.pdf

5. Attachment 3 and Exhibit 1 to Resolution - First Amendment to 2020 MSA.pdf

6. Exhibit A to First Amendment.pdf
Report Number
:
23-0066
L
ocation
:

Property located within the jurisdictional boundary of the City of Chula Vista, held in trust by the San Diego Unified Port District, and not subject to a commercial lease.

D
epartment
:

City Manager
Environmental Notice
:

RECOMMENDED ACTION:

Adopt a resolution approving the First Amendment to the Municipal Services Agreement with the San Diego Unified Port District for Police, Fire, and Emergency Medical Services for the period July 1, 2020 through June 30, 2030, establishing a new baseline reimbursement rate effective July 1, 2022.

5.9 Donation Acceptance: Accept a Donation for the Purchase of an Animal Transport Van for the Animal Shelter and Appropriate Funds Attachments
|
Public Comments

1. Staff Report - Accepting Donation for Purchase of Animal Transport Van - 23-0160.pdf

2. Resolution(1).pdf

3. Donation Acceptance Form.pdf
Report Number
:
23-0160
L
ocation
:
130 Beyer Way
Department:

City Manager
Environmental Notice
:

RECOMMENDED ACTION:

Adopt a resolution accepting a donation for the purchase of an animal transportation van for the Animal Shelter and appropriating funds for that purpose. (4/5 Vote Required)

5.10 Dispatch Agreement: Approve an Agreement with the City of San Diego Fire-Rescue Department for Dispatch Services Attachments
|
Public Comments

1. Staff Report - Dispatch Services Agreement with City of San Diego - 23-0159.pdf

2. Resolution(2).pdf

3. Attachment 1 - Dispatch Services Agreement.pdf

4. Attachment 2 - Data Sharing Agreement (Fully Executed 06-27-19).pdf

5. Attachment 3 - FY24 AOP Chula Vista - Dispatch Contract Methodology 6-12-2023.pdf Report Number
:
23-0159
L
ocation
:

No specific geographic location
D
epartment
:

Fire
Environmental Notice
:

RECOMMENDED ACTION:

Adopt a resolution waiving the competitive bid process and entering into an agreement with the City of San Diego for dispatch services.

5.11 Animal Regulations: Place an Ordinance on First Reading Amending Animal Regulations Related to Stray Holding Periods and Harboring Strays Attachments
|
Public Comments

1. Staff Report - Animal Regulations - 23-0148.pdf

2. Ordinance - Animal Regulations.pdf

3. Attachment 1 - Redline Version of Municipal Code Revisions(1).pdf

4. Attachment 2 - Hayden's Law Unmandated Clause.pdf

5. Attachment 3 - Reunification Statistics.pdf
Report Number
:
23-0148
L
ocation
:

No specific geographic location
D
epartment
:

Animal Care
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:

Place an ordinance on first reading amending Chula Vista Municipal Code Sections 6.12.042 and 6.24.140 to reduce the minimum holding period for stray cats and dogs from four business days to three days and to remove the prohibition against harboring a lost or stray dog. (First Reading)

6. PUBLIC COMMENTS
Attachments
|
Public Comments

1. Public Comment _ Raso .pdf

2. public comments 7_11.pdf
Concerned Resident
It has been almost a year since Harborside Park was closed to the public. This park was funded using tax payer dollars and developer impact fees. If the City Council wants to convert the park space into affordable housing, then the funds used to construct the park need to be deposited back into those fund accounts to be used to build another park in the same district. Also, City Council needs to review this website https://www.parksforcalifornia.org/parkaccess/ before making a decision. Lastly, there is already a concentration of affordable housing in this Council District as shown in the City's affordable housing resource list. The list does not include two transitional housing projects that are near the Palomar Trolley Station and Anita Street Apartments https://www.chulavistaca.gov/home/showpublisheddocument/25807/638133637198400000 Please make an educated and informed decision before recommending an affordable housing project on this site.

Mary Davis
HARBORSIDE PARK - The property needs to remain a park. This community has historically been underserved, and snatching a neighborhood park from them to pad the pockets of developers is just more marginalization. Do the right thing and dedicate the resources necessary to keep the park safe, secure, and inviting for local families. It is absolutely a matter of political will and agendas. Side with the people, not with corporations and developers.

Robert Johnson
BROWN ACT VIOLATION ON EVERY BOARD FOR NOT UPLOADING AUDIO.. notice is coming in today. you should rethink your positions . if your not going to be held account for the wrongs you do.. why should anyone else... FIX IT ..

LAWSUITS.

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 Open Space Maintenance Districts: Approve Levying the Assessments and Collectibles for Fiscal Year 2023/24 Attachments
|
Public Comments

1. Staff Report - Public Hearing for Open Space Districts - 23-0078.pdf

2. Resolution A(1)(1).pdf

3. Resolution B(1)(1).pdf

4. Resolution C(1)(1).pdf

5. Attachment 1(1).pdf

6. Attachment 2.pdf

7. Attachment 3.pdf
Report Number
:
23-0078
L
ocation
:

The Open Space Districts are located throughout the City, for specific District locations please see Attachment 3.

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:

Conduct the public hearing and adopt the following resolutions:

Levying the Assessments and Collectibles for Fiscal Year 2023/24 for Open Space Districts 2 through 10, 14, 15, 17, 18, 20 (Zones 1 through 6, 8, and 9), 23, 24, 26, 31, 33, Eastlake Maintenance District No 1, Town Centre, and Bay Boulevard Maintenance District; Levying the Assessments and Collectibles for Fiscal Year 2023/24 for Open Space District 1 and Open Space District 20 Zone 7; and Levying the Assessments and Collectibles for Fiscal Year 2023/24 for Open Space District 11.

8. ACTION ITEMS
Public Comments:

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

8.1 City Records Digitization Agreements: Approve Agreements with ECS Imaging, Inc., and DRS Imaging Services LLC, Doing Business as Daida, for Citywide Records Digitization Services Attachments
|
Public Comments

1. Staff Report - Citywide Records Digitization Services - 23-0150.pdf

2. Resolution(3).pdf

3. Two Party Agreement - ECS .pdf

4. Two Party Agreement - Daida.pdf

5. Item 8.1_Digitization_07.11.2023.pdf
Robert Johnson
after reading the staff report it seems there is no oversight on security or the fact that some document are not available to the public. see that why is not report on the security or risk of hiring outsiders to upload sensitive material. and if there was there is no mention of it. i dont not support contracting out when the public isnt informed on the risk of having said company doing data input which is already and could be handled by city clerk. the risk imposed by the city is not mention. let alone are your servers on site or is the internet providing ur link to nonpublic information. i have tons of questions considering the people didnt even mention leads me to think they dont know about the internet and how networks work.

Report Number
:
23-0150
L
ocation
:

No specific geographic location
D
epartment
:

Development Services & City Clerk
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 agreements between the City and ECS Imaging, Inc., and DRS Imaging Services LLC, doing business as Daida, for Citywide records digitization services for an initial term of two years and a not-to-exceed amount of $1,000,000 for each service provider.

8.2 Privacy and Technology: Place an Ordinance on First Reading to Add Chula Vista Municipal Code Chapter 2.65, Establishing a Privacy Protection and Technology Advisory Commission Attachments
|
Public Comments

1. Staff Report - Privacy Protection and Technology Advisory Commission - 23-0158.pdf

2. Ordinance - Privacy Protection and Technology Advisory Commission (red-line)(1).pdf

3. Attachment 1 - 112-04 - Privacy Protection and Technology Transparency Policy.pdf

4. Attachment 2 - 2023-07 Memo - Board and Commission Interaction with City Council.pdf

5. Item 8.2 Presentation - Privacy and Technology.pdf

6. Written Communications _ 8.2 _ Baker.pdf
Frank Riley
This is an important issue that should reflect the voices of the residents of Chula Vista through a Commission and not just that of the City Manager.

Jeanne Brown (Chair, Criminal Justice Committee, LWVSD) The League of Women Voters of San Diego has a position believes that cities and counties should enact privacy and technology-use ordinances to protect privacy and other civil liberties. The proposed ordinances should include requirements for audits of specified policy and data in an annual surveillance report that is publicly available. Ordinances should also include evidence of crime-prevention effectiveness, civil rights impact, fiscal costs, and source of funding for surveillance technology. In order for the commission to be able to measure that effectiveness, more data needs to be collected on a regular basis and the commission would need to meet regularly and often, particularly at the beginning when they have so many technologies that have not been thoroughly evaluated.

Patricia Mondragon
Thank you for your leadership in creating a commission that will oversee protecting resident's privacy and other civil liberties. However, more robust amendments are needed to ensure the Commission has the tools and authorities it needs to oversee the vast surveillance technology in use today and in the future for the City of Chula Vista. Please adopt the amendments and suggestions being proposed by the community. If amendments cannot be adopted during this meeting, postpone your vote until you can meet with advocates and draft the ordinance based on established best practices in the field of privacy protection.

Margaret Baker
South Bay People Power supports formation of a commission to advise our City Council about surveillance technology & privacy protections. We appreciate our councilmembers’ support & efforts for improvements to the original ordinance, but feel more work is needed to correct critical omissions & language & to clarify specific processes for oversight and decision-making. We have studied this second version carefully & prepared an overview of some of the amendments we feel are essential & a document that shows precisely & more completely what critical changes are still needed.

Chula Vista needs an ordinance that:
1) Empowers the Commission with the time, access, & authority to advise the City Council to make fiscal & policy decisions regarding privacy protection & surveillance technology; 2) Enables the Commission to fulfill its advisory role to the City Council by setting clear purposes, functions, membership qualifications, meeting frequency & schedule; & 3) Strengthens community engagement, independent expert advice, & the City Council’s fiscal & policy-making role regarding technology acquisition, use & oversight.

We cannot emphasize strongly enough how important it is to set explicit & unambiguous provisions in the ordinance that establishes the commission. Every word matters. Therefore, we encourage you to take the time to seriously review & incorporate our carefully-worded proposed amendments into a revised Ordinance Version 3 for consideration at your next meeting.

Ian Seruelo
We urge you to seriously consider the language proposed by the community that ensures the privacy and protection of civil liberties. We welcome the amendments that has been advanced but clear and unambiguous language needs to be incorporated to define the terms and provisions geared towards the protection of civil liberties of members of our communities.

Brenda Aguirre
Chula Vista residents are urging the implementation of a clear prohibition on the use of invasive surveillance technology in our community. Our fundamental right to privacy, as guaranteed by the Fourth Amendment, must be respected. It is crucial for the City Council to establish ethical standards before adopting such technology. I request that the City Council amend the current proposed ordinance, taking into account the following questions that need immediate attention during technology discussions: Why is the data being collected? Who is seeking this data and for what purpose? What is the ultimate goal of utilizing this technology? It is essential to ensure that the use of technology does not cause any physical or psychological harm to the residents of our community.

Kathy Hardy
Chula Vista residents deserve and expect to have explicit provisions in place for the use of invasive technologies in our community. Our right to privacy is a fundamental right guaranteed by the 4th Amendment. It is critical that this City Council apply an ethical standard if the City is going to continue its use of this technology. I am asking the City Council to amend the current proposed ordinance while keeping in mind that the following questions should be addressed in future technology discussions: Does the technology in question cause unwarranted physical or psychological harm? Are residents aware that data is being collected, who is seeking it and why? Does the technology truly meet the goals of the community? This issue should not be “rubber-stamped” but requires introspection, ongoing discussions, revisions when necessary, oversight and community engagement.

Mary Davis
#PrivacyJustice - This is a good start, but you need to add protections for vehicular tracking technologies, which will be an increasing issue as the state pushes a Road Charge (aka Mileage Tax) system that will track miles driven.

Many vehicles have built-in GPS, and new models coming soon will soon have vehicle disabling capabilities (Biden's IIAJ Section 24220.)

Please abide by the protections in the 1st, 4th, and 14th Amendments of the U.S. Constitution, as well as Article 1 of the California Constitution. The right to privacy and to be free from routine tracking is a core foundational principal of our country.

Uphold #PrivacyJustice, and NO to building default systems that can impose mass surveillance at unprecedented levels.

The pending OBD III (Onboard Diagnostics) is on the horizon and holds dire privacy concerns:

"OBD-III imposes sanctions based on 'suspicionless mass surveillance' of private property. From a legal perspective, it is unprecedented: previous technologies have looked only at surveillance and tracking of individuals."

#PrivacyJustice
Pati Ruiz
I encourage the council to take their time to ensure that community members concerns are addressed before moving forward. Specifically, I would like to see inconsistencies in terminology addressed and operational definitions for terms in the document. There should also be language to affirm the full scope and duties of the Privacy Protection and Technology Advisory Commission as recommended by the Chula Vista Technology and Privacy Advisory Task Force in our Final Summary of Policy Recommendations.

Robert Johnson
YOU WOULD FIGURE YOU WOULD DO THIS BEFOR MAKING A CONTECT TO HAVE A PRIVATE COMPANY UPLOAD OUR PRIVATE INFORMATION. i think yall dont know anything.

i have no faith in the consul.

Report Number
:
23-0158
L
ocation
:

No specific geographic location
D
epartment
:

Information Technology Services
Environmental Notice
:

RECOMMENDED ACTION:

Place an ordinance on first reading to establish a Privacy Protection and Technology Advisory Commission under Chula Vista Municipal Code Chapter 2.65. (First Reading)

9. CITY MANAGER’S REPORTS
Public Comments:

10. MAYOR’S REPORTS
Public Comments:

11. COUNCILMEMBERS’ COMMENTS
Public Comments:

12. CITY ATTORNEY'S REPORTS
Public Comments:

13. 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)

13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Public Comments:

A.) Name of case: Estate of Oral Nunis, Sr., et al. v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-DEB B.) Name of case: American Medical Response West v. California Department of Health Care Services, et al., Sacramento Superior Court, Case No. 34-2021-80003757 C.) Name of case: Maria Torres v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2020-00023728-CU-PO-CTL D.) Name of case: Yasoda Namier, et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37-2019-00062842-CU-PA-CTL RECOMMENDED ACTION:

14. ADJOURNMENT
Public Comments:
to the regular City Council meeting on July 25, 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.

Chula Vista City CouncilJuly 11, 2023

Chula Vista City Council
July 11, 2023