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:
Citizens' Oversight Committee - Measure A
- Patricia Alvarez
Cultural Arts Commission
- Christine Brady
Human Relations Commission
- David Diaz
- Jeffrey Redondo
- Julie Holm
Sustainability Commission
- Jeanine Sharkey
Veterans Advisory Commission
- Francia Castro
- Henry Martinez
4.2 Presentation of a Proclamation Proclaiming August 2023 as Purple Heart Month in the City of Chula Vista Public Comments:
4.3 Presentation of a Proclamation to San Diego All Star Clowns and Family Entertainers Proclaiming August 1 to August 7, 2023 National Clown Week in the City of Chula Vista Public Comments:
5. CONSENT CALENDAR (Items 5.1 through 5.12)
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 - July 25, 2023.pdf
RECOMMENDED ACTION:
Approve the minutes dated: July 25, 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.
5.5 Agreement: Approve an Amendment to the Agreement with Moffatt and Nichol to Provide Final Design for the Heritage Road Bridge Replacement Project (STM0386) Attachments
|
Public Comments
1. Staff Report - STM386 Moffatt and Nichol Amendment 5 - 23-0202(1).pdf
2. Resolution(3).pdf
3. Attachment_1_-_Fifth_Amendment.pdf
4. Attachment 2 - Proposal.pdf
5. Attachment 3 - STM0386 Plan Title Sheet.pdf
Report Number
:
23-0202
L
ocation
:
Heritage Road between Main Street and Entertainment Circle North D
epartment
:
Engineering & Capital Projects
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 the resolution approving the fifth amendment to the agreement with Moffatt and Nichol to increase the agreement amount by $298,454 and extend the agreement term until December 31, 2027 to provide final design plans, specifications, and estimates; advertise the construction contract; and provide construction design support for the Heritage Road Bridge Replacement Project (STM0386).
5.6 Grant Acceptance and Appropriation: Approve an Agreement and Accept a Grant from the Department of Alcoholic Beverage Control Attachments
|
Public Comments
1. Staff Report - ABC grant FY24 APP - 23-0190.pdf
2. Resolution(6).pdf
3. State of California Department of General Services Agreement 23-APP09.pdf Report Number
:
23-0190
L
ocation
:
No specific geographic location
D
epartment
:
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:
Adopt a resolution approving an agreement with the Department of Alcoholic Beverage Control, accepting $75,000 in grant funds and appropriating the funds to the Police Grants Section of the State Grants Fund for the Alcohol Policing Partnership Program. (4/5 Vote Required)
5.7 Agreement: Approve an Agreement with Systems Integrated for Software Control System onSITE Support and Task Order Services Attachments
|
Public Comments
1. Staff Report - Approving Agreement with Systems Integrated - 23-0161(1).pdf
2. Resolution Systems Integrated Agreement.pdf
3. Attachment 1- Systems Integrated Software Control System Onsite Support and Task Order Services.pdf Report Number
:
23-0161
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 a five-year agreement with Systems Integrated for Software Control System Support Services for the annual maintenance of the onSITE SCADA system and task order services with a total not-to-exceed amount of $750,000 over the life of the agreement, which is five (5) years.
5.8 Agreement: Approve an Amendment to an Agreement with Kleinfelder Construction Inc. for On-Call CIP Construction Management Attachments
|
Public Comments
1. Staff Report Amendment to CSA - 23-0157.pdf
2. Resolution(1).pdf
3. Attachment 1- Agreement Kleinfelder.pdf
4. Attachment 2 - First amendment.doc.pdf
Report Number
:
23-0157
L
ocation
:
No specific geographic location
D
epartment
:
Engineering
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 the first amendment to the consultant services agreement with Kleinfelder Construction Inc. for on-call CIP construction management to increase the maximum allowable payment for services performed through June 2024 to $4,000,000.
5.9 Grand Jury Report: Accept the 2022/2023 San Diego County Grand Jury Report on Governance of San Diego Bay and its Tidal Lands and Regions and Authorize the Mayor to Sign a Response Letter Attachments
|
Public Comments
1. Staff Report Grand Jury Response - 23-0205.pdf
2. Resolution(5).pdf
3. Attachment 1 - Grand Jury Report.pdf
4. Attachment 2 - Grand Jury Response.pdf
Paul Henkin
There are alot of very good suggestions here. However, recommenddation 23-92: Institute ordinances or formal policies that require ratification of the Port Master Plans...,within each city' s boundaries. is counterproductive to the idea of a unified bay and tidelands agency. I think that ratification should be by every affected city, not individually.
Report Number
:
23-0205
L
ocation
:
San Diego Unified Port District Tidelands Located in the City of Chula Vista D
epartment
:
City Manager
Environmental Notice
:
This 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 accepting the 2022/2023 San Diego County Grand Jury Report on Governance of San Diego Bay and its Tidal Lands and Regions and authorizing the Mayor to sign a response letter on behalf of the Mayor and City Council.
5.10 Agreement Amendment: Approve the Third Amendment to the Agreement with World Advancement of Technology for EMS and Rescue (W.A.T.E.R.) Attachments
|
Public Comments
1. Staff Report - W.A.T.E.R Third Amendment - 23-0194.pdf
2. Resolution - WATER Amendment.pdf
3. Attachment 1 - WATER Third SLA Amendment.pdf
Report Number
:
23-0194
L
ocation
:
No specific geographic location
D
epartment
:
Fire
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 the third amendment to the agreement with World Advancement of Technology for EMS and Rescue (W.A.T.E.R.) to incorporate updates to support and maintenance and scheduled fee increases for a one-year period, one option to extend, and a not-to-exceed amount of $100,000 for the two-year period.
5.4 Agreement: Approve an Agreement with The Pun Group LLP to Provide Cannabis Excise Tax and Inventory Audit and Consulting Services Attachments
|
Public Comments
1. Staff Report Cannabis Excise Tax Auditing Services Agreement - 23-0184.pdf
2. Resolution(7).pdf
3. Attachment 1 RFP 23-09 for Cannabis Tax Auditing Services.pdf
4. Attachment 2 Agreement with The Pun Group, LLC.docx.pdf Report Number
:
23-0184
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 approving an agreement with The Pun Group, LLP to provide cannabis excise tax and inventory audit and consulting services.
5.11 Project Agreement and Appropriation: Approve an Agreement with Caltrans to Develop the Project Report and Environmental Documents for a Capital Improvement Project at SR-125 and Main Street/Otay Valley Road (STM0409) and Appropriate Funds Attachments
|
Public Comments
1. Staff Report - Caltrans Agreement for the SR125 Interchange Improvements at Main St and Otay Valley Rd - 23-0200.pdf
2. Resolution(8).pdf
3. Attachment 1 - PSR-PDS document dated November 2, 2022.pdf
4. Attachment 2 - Caltrans Cooperative Agreement (final).pdf
5. Attachment 3 - HomeFed Corporation Letters.pdf
Report Number
:
23-0200
L
ocation
:
State Route 125 at Future Main Street and Otay Valley Road D
epartment
:
Engineering & 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. Notwithstanding the foregoing, the activity also qualifies for an Exemption pursuant to CEQA State Guidelines Section 15061(b)(3).
RECOMMENDED ACTION:
Adopt a resolution approving a cooperative agreement with Caltrans for assistance in the development of the Project Report and Environmental Documents for Capital Improvement Project STM0409 (SR-125 and Main Street/Otay Valley Road interchanges) and appropriate $300,000 from the Transportation Development Impact Fee Fund to STM0409 for that purpose. (4/5 Vote Required)
5.12 Homeless Activities: Accept Additional Funds from the County Capital Emergency Housing Solutions Grant Program, Approve an Associated Amendment to the Agreement, Appropriate Funds, and Extend the Declaration of the Shelter Crisis Attachments
|
Public Comments
1. Staff Report Accepting and Appropriating Grant Funds and Extension of the Declaration of Shelter Crisis 23-0201.pdf
2. Attachment 1 - 2nd Agreement - County - CV.pdf
3. Resolution A - County Grant.pdf
4. Resolution B - Shelter Crisis Extension.pdf
5. Item 5.12 Curry.pdf
PAUL HENKIN
I think that establishing another bridge homeless housing village on south Main St. would be a great step forward in helping to solve the region's homeless crisis.
Report Number
:
23-0201
L
ocation
:
Homeless Bridge Shelter at 205 27th Street
D
epartment
:
Housing and Homeless Services
Environmental Notice
:
The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (“CEQA”) State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), Section 15304 Class 4 (Minor Alterations to Land), and Section 15061(b)(3). Under NEPA, pursuant to Title 24, Part 58.40, the Environmental Assessment has been prepared, and a Findings of No Significant Impact has been made pursuant to Title 24, Part 58.43(a) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. Furthermore, California Government Code section 8698.4(a)(4) provides that CEQA shall not apply to actions taken by a city to encumber, or facilitate the encumbrance of, land owned by the city for, or to provide financial assistance to, a homeless shelter constructed or allowed by that section. Thus, no further environmental review is required.
RECOMMENDED ACTION:
Adopt resolutions: A) Authorizing the acceptance of a $154,703.53 Capital Emergency Housing Solutions Grant Program grant from the County of San Diego to implement the Chula Vista Homeless Bridge Shelter Capital Project, approving an agreement with the County to implement said project, and appropriating funds for these purposes; (4/5 Vote Required)
and B) Extending the declaration of the Shelter Crisis.
6. PUBLIC COMMENTS
Attachments
|
Public Comments
1. PC Barajas.pdf
2. Public Comment_Raso.pdf
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 Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector Attachments
|
Public Comments
1. Staff Report - Delinquent Sewer Service Charges 23-0175.pdf
2. Resolution(2).pdf
3. Delinquent Sewer Service Charges - Public Hearing Notice_7.26.23.pdf
4. Item 7.1 Jones.pdf
5. 2023-08-08 Item 7.1 Presentation - Sewer Item Continued.pdf Paul Henkin
I think that liens against the property should only be considered as a last resort, and only after legal action and the opportunity for appeal and due process. I think that the Constitutional Due Process guarantees take precedence.
Continued from July 25, 2023
Report Number
:
23-0175
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:
Conduct the public hearing and adopt a resolution assessing certain delinquent sewer service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. (4/5 Vote Required)
7.2 Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector Attachments
|
Public Comments
1. Staff Report Delinquent Solid Waste Service Charges 23-0176.pdf
2. Resolution.pdf
3. Delinquent Solid Waste Collections Charges - Public Hearing Notice_7.26.23.pdf
4. 2023-08-08 Item 7.2 Presentation - Solid Waste Item Continued.pdf Paul Henkin
I think that liens against the property should only be considered as a last resort, and only after legal action and the opportunity for appeal and due process. I think that the Constitutional Due Process guarantees take precedence. How about instead making the owner haul his own trash? Continued from July 25, 2023
Report Number
:
23-0176
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:
Conduct the public hearing and adopt a resolution assessing certain delinquent solid waste service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. (4/5 Vote Required)
8. ACTION ITEMS
Public Comments:
The following item(s) will be considered individually and are expected to elicit discussion and deliberation.
8.1 Agreement: Approve an Agreement with Cityzen Solutions, Inc., Doing Business As PublicInput, for an Online Public Engagement Platform Attachments
|
Public Comments
1. Staff Report PublicInput Agreement - 23-0204(1).pdf
2. Resolution(4).pdf
3. Attachment 1- PublicInput Agreement with Exhibits.pdf
4. Attachment 2 - PublicInput Response to RFP P09-2023.pdf
5. 2023-08-08 Item 8.1 Presentation - Online Public Engagement Platform v2.pdf Report Number
:
23-0204
L
ocation
:
No specific geographic location
D
epartment
:
City Manager
Environmental Notice
:
This 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 an agreement with Cityzen Solutions, Inc., doing business as (“dba”) PublicInput, for an online public engagement platform, with an initial term through June 30, 2026, and two optional one-year extensions.
8.2 Labor Relations: Report on Implementation of Recommendations from the City Council Ad-Hoc Subcommittee on Labor Relations and Request for Direction Attachments
|
Public Comments
1. Staff Report Labor Relations Committee Referral - 23-0206.pdf
2. Attachment 1 - Labor Relations Ad Hoc Subcommittee Report.pdf
3. Attachment 2 - Draft Ordinance.pdf
4. BIA PLA 8.2.23.pdf
5. Item 8.2 Written Communications Received 8_4.pdf
6. Item 8.2 Written Communications Received 8_7.pdf
7. Item 8.2 Mather Received 8_8.pdf
8. 2023-08-08 Item 8.2 Presentation - Labor Relations.pdf Daniel Johnson
I am small scale infill developer, who owns property in Chula Vista, currently entitled for 52 units. Developing housing, and in particular infill development, is extremely challenging in Chula Vista, in light of the fees ($~40,000/door) & time to obtain project approvals and develop a viable project. Any additional rules or regulations that you consider should respond to a clear and present problem or issue. It is not clear to me how or whether the proposed "transparency" and PLA regulations are responding to a pressing issue in Chula Vista? However, what is a pressing issue is HOUSING, and more particularly affordable housing. The proposed PLA and transparency regulations will make it even MORE difficult than it already is to develop housing in Chula Vista. If adopted, they will have a chilling and extremely detrimental effect on housing production as a direct result of regulations where there is no demonstrated issue or problem to be solved other than regulation to appease labor unions or to do what others are doing as "best practices." For example, we work hard to employ small contractors on our projects, and they often struggle to comply with rules. As envisioned, the labor compliance provisions are unwieldly and VERY likely to discourage General Contractors from using small contractors for fear of labor violations and the "two strikes" and you are out rule. In summary, these two regulations are "solutions" that are not necessary and in search of a problem.
Brenda Aguirre
PLAs provide standardized conditions, a reliable workforce, timely completion, labor peace, simplified management, workforce development, reduced worker misclassification, economic benefits, and improved worker safety. For this reason I support item 8.2. Please do the right thing and protect our workers! Thank you.
James Moffat
I live in District 2 and I 100 percent support the PLA for construction projects. This only supports working families get a fair wage, health benefits, and the ability to receive a pension. Our City Council should always support the community and its workers. Thank you! Ricardo Ochoa
As a resident of Chula Vista (District 2), I strongly support the staff recommendation to negotiate a programmatic Project Labor Agreement for all City construction projects above $1M, and for affordable housing projects receiving City funds.
Negotiating a PLA will allow the City to give Chula Vista residents priority for employment on these projects funded by their tax dollars, and will help ensure that local workers are earning a pension and family health benefits, while also protecting the City against cost overruns and work stoppages.
Don't believe the scare-mongering from out-of-town corporations. Adopting a PLA will help demonstrate that the City Council stands with local workers and with Labor.
Sara Ochoa
Thank you to the City Council leaders who have responsibly moved forward with consideration of a city-wide Project Labor Agreement for Chula Vista. Ensuring that city projects are built in such a way that uplifts our local labor force, focused on worker safety and quality, time-efficient building practices is important in our community. I support values that ensure those working on Chula Vista projects can sustain and support their families - my neighbors.
I support the City Council moving forward with negotiating a citywide PLA. Thank you.
Dustin Steiner
Associated General Contractors (AGC) San Diego represents over 900 union and non-union construction firms. On Contractor Transparency our main concern is timing. It is simply not practical to provide subcontractor data during permit issuance, when many subcontractors have not even been hired. Please consider amending language so that this information is collected prior to final inspection or final permit release and be a simple online process to mitigate additional delays and lower administrative costs for the City.
On Project Labor Agreements, we urge you to follow the Biden Administration's lead and incorporate a threshold of $35 Million, which will minimize disruption of the City's public works program. Blanket Project Labor Agreements have a history of increasing project costs, excluding qualified apprentices, and forcing workers to pay into union benefits that they will likely never receive. This PLA has also gone outside of collective bargaining. Last year AGC San Diego’s union-signatory contractors bargained with local union representatives to ratify six new Master Labor Agreements for San Diego County. By adopting this PLA, the City would be displacing those collectively bargained terms with unilateral PLA terms. A $35 million dollar threshold would allow the City to use PLAs to cover more complex projects while not discriminating against smaller open shop contractors and local workers who typically do the work on smaller contracts.
Report Number
:
23-0206
L
ocation
:
No specific geographic location
D
epartment
:
City Manager
Environmental Notice
:
This 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:
Accept a report on implementation of recommendations made by the City Council Labor Relations Ad Hoc Subcommittee and provide direction.
9. CITY MANAGER’S REPORTS
Public Comments:
10. MAYOR’S REPORTS
Public Comments:
11. COUNCILMEMBERS’ COMMENTS
Public Comments:
11.1 Councilmember Chavez: Ratification of Appointment to the Following Commission:
Attachments
|
Public Comments
1. Appointment Memo .pdf
2. Application Packet .pdf
Heath Wellness and Aging Commission
- Pat Mallen
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: Jacqueline Limon v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2021-00045866-CU-PA-CTL. (B) Name of Case: City of Chula Vista, et al. v. Joe Stephenshaw, as Director, et al.; California Court of Appeal, Third Appellate District; Case No. C094237.
RECOMMENDED ACTION:
14. ADJOURNMENT
Public Comments:
to the regular City Council meeting on September 12, 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.
Sign up at
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