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Annotated agenda

Chula Vista City Council
September 19, 2023

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Annotated agenda
Meeting
September 19, 2023
Body
Chula Vista City Council
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Text extracted from the city's file for reading and search. Open the original on pub-chulavista.escribemeetings.com. That file is the official record.

1. CALL TO ORDER
Public Comments:

2. ROLL CALL
Public Comments:

3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Comments:

4. SPECIAL ORDERS OF THE DAY
Public Comments:

4.1 Oaths of Office:

Public Comments:

Health, Wellness, and Aging Commission
- Joyce Persichilli
Human Relations Commission
- Jeff Redondo

4.2 Presentation by Port Commissioner Ann Moore on the Port of San Diego's Public Workshops for Community Input on Upcoming Expanded Access Events Public Comments:

4.3 Presentation of a Proclamation to Lorena Gurule-Montes and Hillary Theakston Proclaiming September 2023 Ovarian Cancer Awareness Month in the City of Chula Vista Public Comments:

4.4 Presentation of a Proclamation to Wayne Nelson Proclaiming September 22, 2023 as California Native American Day 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 - September 12, 2023.pdf
RECOMMENDED ACTION:

Approve the minutes dated: September 12, 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 Employee Positions: Adopt an Ordinance Adding and Deleting Unclassified Position Titles (Second Reading and Adoption) Attachments
|
Public Comments

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

2. Ordinance - Amend CV Muni Code Section 2.05.010 (09-12-23 Meeting).pdf LL
No information provided regarding percent changes in salary and reason for increases given no negotiations are going on currently.

Location:

No specific geographic location
Department:

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 an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Deputy Director of Community Services and delete the unclassified position titles of City Librarian and Parks and Recreation Administrator. (Second Reading and Adoption) (4/5 Vote Required)

5.6 Agreements: Approve Agreements Between the City and Harrell & Company Advisors, LLC for Financial Advisory Services; Stradling Yocca Carlson & Rauth for Bond and Disclosure Counsel; and Spicer Consulting Group, LLC for Special Tax Consultant Services Attachments
|
Public Comments

1. Staff Report Harrell and Company Advisors, Stradling Yocca Carlson and Rauth, Spicer Consulting Group - 23-0215.pdf

2. Resolution A - Harrell and Company Advisors LLC.pdf

3. Resolution B - Stradling Yocca Carlson and Rauth.pdf

4. Resolution C - Spicer Consulting Group, LLC.pdf

5. Attachment 1 - Harrell and Company Advisors Agreement.pdf

6. Attachment 2 - Harrell and Company Municipal Advisor Disclosures.pdf

7. Attachment 3 - Stradling Yocca Carlson and Rauth Agreement.pdf

8. Attachment 4 - Stradling Yocca Carlson and Rauth AIM Rating Explanation .pdf

9. Attachment 5 -Spicer Consulting Two Party Agreement.pdf Report Number
:
23-0215
L
ocation
:

Community Facilities Districts 06-I IA A, 06-I IA B, 07-I, 08-I, and 2001-2 in Eastern Chula Vista.

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 resolutions approving agreements between the City and: A) Harrell & Company Advisors, LLC for Financial Advisory Services, B) Stradling Yocca Carlson & Rauth for Bond and Disclosure Counsel, and C) Spicer Consulting Group, LLC for Special Tax Consultant Services, all in connection with the Bond Refinancing of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013.

5.7 Agreements: Approve an Agreement with Hinderliter de Llamas (“HdL”) to Provide Sales and Use Tax Auditing Services Attachments
|
Public Comments

1. Staff Report Hinderliter de Llamas and Associates Sales and Use Tax Audit Agreement - 23-0259.pdf

2. Resolution(4).pdf

3. Attachment 1 HdL Sales and Use Tax Audit Services Agreement.pdf Report Number
:
23-0259
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 resolution approving sales and use tax audit services between the City of Chula Vista and HdL for fiscal years 2023-24 and one option to extend through fiscal year 2024-25.

5.8 Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2024 Attachments
|
Public Comments

1. Staff Report - Annual Maddy Act Local Appointments List - 23-0209.pdf

2. Resolution(2).pdf

3. Exhibit 1 - 2024 Local Appointment List .pdf
Report Number
:
23-0209
L
ocation
:

No specific geographic location
D
epartment
:

City Clerk
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 a resolution accepting the 2024 Local Appointments List for board, commission, and committee terms expiring in calendar year 2024.

5.9 Agreement: Approve Memoranda of Understanding with Sweetwater Union High School District and Chula Vista Elementary School District for the School Resource Officer Program Attachments
|
Public Comments

1. Staff Report School Resource Officer MOUs 2023-2024 - 23-0232.pdf

2. Resolution.pdf

3. Attachment 1 SUHSD-CVPD MOU 2023-2024.pdf

4. Attachment 2 CVESD-CVPD MOU 2023-2024 redacted.pdf
Report Number
:
2023-0232
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 Memoranda of Understanding with Sweetwater Union High School District and Chula Vista Elementary School District for the School Resource Officer Program.

5.10 Agreement: Approve agreement with ThirdWave Corporation for the Development of an Information Technology Master Plan for the City of Chula Vista Attachments
|
Public Comments

1. Staff Report-IT Master Plan - 23-0210.pdf

2. Resolution(1).pdf

3. ThirdWave ITSP Proposal 23JAN2023.pdf

4. Items 5.10 and 5.12 Written Communications Henkin - Received 9.18.2023.pdf Report Number:
23-0210
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:

Adopt a resolution waiving the City’s formal competitive bid requirement and authorizing the City Manager to enter into an agreement with ThirdWave Corporation to establish technical and professional services in support of plan development for the City.

5.11 Contract Award and Appropriation: Award a Public Works Contract to Sancon Technologies, Inc. for the “Sewer Manhole Rehabilitation – FY2019-20 & Sewer Manhole Rehabilitation – FY2020-21 (SWR0314 & SWR0320)” Project and Appropriate Funds for that Purpose Attachments
|
Public Comments

1. Staff Report - Sancon Technologies Contract Award and Appropriations - 23-0246.pdf

2. Resolution(3).pdf

3. Attachment 1 - Contractor Disclosure Statement redacted.pdf Report
Number
:
23-0246
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), and
Section 15302 Class 2 (Replacement or Reconstruction)
.

RECOMMENDED ACTION:

Adopt a resolution 1) awarding a public works contract to Sancon Technologies, Inc. for the “Sewer Manhole Rehabilitation – FY2019-20 & Sewer Manhole Rehabilitation – FY2020-21 (SWR0314 & SWR0320)” project in the amount of $298,045, and 2) appropriating Sewer Facility Replacement funds to cover the projected costs of the construction phase of the project. (4/5 Vote Required)

5.12 Agreements: Approve Agreements with Arcadis a California Partnership, HNTB Corporation, Iteris, Inc., and STC Traffic, Inc., to Provide On-Call Traffic Engineering & Intelligent Transportation Systems Consulting Services Attachments
|
Public Comments

1. Staff Report - Award of TE and ITS On-Call Agreements - 23-0225.pdf

2. Resolution(5).pdf

3. Attachment 1 - Two Party Agreement TE-ITS OnCall Arcadis IBI Group.pdf

4. Attachment 2 - Two Party Agreement TE-ITS OnCall HNTB.pdf

5. Attachment 3 - Two Party Agreement TE-ITS OnCall Iteris.pdf

6. Attachment 4 - Two Party Agreement TE-ITS OnCall STC.pdf

7. Items 5.10 and 5.12 Written Communications Henkin - Received 9.18.2023(1).pdf Report Number
:
23-0225
L
ocation
:

No specific geographic location
D
epartment
:

Engineering & Capital Projects
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 On-Call Traffic Engineering & Intelligent Transportation Systems Consulting Services agreements with Arcadis a California Partnership, HNTB Corporation, Iteris, Inc., and STC Traffic Inc. for various capital improvement projects and other city projects.

5.4 Labor Relations: Adopt Ordinances Relating to Project Labor Agreements and Contractor Transparency (Second Reading and Adoption) Attachments
|
Public Comments

1. Staff Report - 2nd Reading - Project Labor Agreements and Contractor Subcontractor Reporting.pdf

2. Ordinance A - Project Labor Agreements.pdf

3. Ordinance B - Contractor Subcontractor Reporting .pdf Location:

No specific geographic location
Department:

City Manager
Environmental Notice:

The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDED ACTION:

Adopt ordinances A) Amending Chapter 2.59 and adding Chapter 2.71 “Project Labor Agreements” of Title 2 of the Chula Vista Municipal Code (Second Reading and Adoption
), and B) Adding Chapter 2.72 “Construction Contractor and Subcontractor Reporting” to Title 2 of the Chula Vista Municipal Code. (Second Reading and Adoption)

6. PUBLIC COMMENTS
Public Comments:

The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda.

7. ACTION ITEMS
Public Comments:

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

7.1 City Attorney Special Election: Report by the City Clerk Regarding the Potential Need for a Special Runoff Election and Options for the Date and Format of the Election, and Possible Direction from the City Council Attachments
|
Public Comments

1. Staff Report - Special Runoff Election Report to Fill the City Attorney Vacancy - 23-0237.pdf LL
remind me why the former mayor campaigned for a non-viable candidate and wasted all our time and money on this Report Number
:
23-0237
L
ocation
:

No specific geographic location
D
epartment
:

City Clerk
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:

Hear the report and provide direction regarding the format and date for a special runoff election for the City Attorney, if a runoff is required following the November 2023 special election certification.

7.2 Labor Relations: Consideration of Establishing a Healthcare Worker Minimum Wage Attachments
|
Public Comments

1. Staff Report Healthcare Worker Minimum Wage - 23-0265.pdf

2. Ordinance.pdf
Rady Children's Hospital
Rady Children’s Hospital urges the Chula Vista City Council to oppose item 7.2 and encourages councilmembers to instead support the statewide agreement on SB 525. While Rady Children’s is not physically in Chula Vista, we provide pediatric primary and specialty care services to the community.

The health care industry needs consistency, predictability and security to make the best financial decisions to maintain access to care and sustain jobs in our communities. Rady Children’s firmly supports paying our health care employees a fair living wage. In fact, in recognition of our staff’s heroic efforts during the pandemic, as well as the growing costs of living in San Diego County, in December 2020, we increased our wages to $20/hour for all of our staff across the organization. We were able to do this through a thoughtful process, balancing our fiscal viability and the needs of our employees.

Following a similar approach, SB 525 passed out of the California Legislature on September 14th and creates a $25/hour healthcare worker minimum wage through a step-wise approach. This historic agreement between SEIU California and the California Hospital Association is the best path forward. Unlike the ordinance under consideration today, SB 525 creates a sustainable pathway to raise healthcare worker minimum wage without jeopardizing access to care in Chula Vista.

Rady Children’s urges you to oppose this ordinance and encourage Governor Newsom to sign SB 525 into law.

Lindsey Wade
The Hospital Association of San Diego & Imperial Counties opposes item 7.2 and encourages councilmembers to instead support the statewide agreement.

On September 14, the California Legislature passed SB 525, creating a $25/hour healthcare worker minimum wage. This legislation was the result of a historic agreement between SEIU California, health care providers and the legislature. SEIU California and the California Hospital Association issued a joint media statement applauding passage of the legislation and urging Governor Newsom to sign it (link below).

SB 525 represents the best path forward for healthcare in the state of California. Unlike the draft ordinance under consideration today, SB 525 creates a sustainable pathway that will raise health care worker wages and protect access to care in Chula Vista.

On behalf of our hospital members across the region, we ask that you stand with healthcare providers in support of the statewide agreement.

Link to media statement: https://calhospital.org/california-hospital-association-seiu-california-applaud-legislature-for-passing-sb-525/ Report Number
:
23-0265
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:

Place an ordinance on first reading adding Chapter 2.74 “Healthcare Worker Minimum Wage” to Title 2 of the Chula Vista Municipal Code. (First Reading)

7.3 Labor Relations: Consideration of Establishing Traffic Control Worker Minimum Wage Attachments
|
Public Comments

1. Staff Report Traffic Control Worker Minimum Wage - 23-0264.pdf

2. Ordinance(1).pdf

3. Attachment 1 Redline Strikeout Comparison.pdf
Dennis Kyle
As a public utility, we do not agree with this ordinance.   Striking the one hour exemption for telecom utilities but allowing it to remain for gas and electric utilities is not treating public utility companies equally.   It does not seem appropriate to attempt to regulate a public utility company in this manner. Lastly, we didn't receive notice of this change until September 14th which does afford us the time to properly respond to this specific change in the ordinance.

Report Number
:
23-0264
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:

Place an ordinance on first reading adding Chapter 2.73 “Traffic Control Worker Minimum Wage” to Title 2 of the Chula Vista Municipal Code. (
F
irst
R
eading)

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. 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)

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

Public Comments:

A)  Name of case:  American Medical Response West v. CA Dept of Healthcare Services, Sacramento Superior Court, Case No. 34-2021-80003757-CU-WM-GDS.

B)  Name of case:  Hanna  Wells v City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2023-00036274-CU-CR-CTL.

C)  Name of case:  Estate of Oral W.

Nunis
, Sr., by and through Roxie
Nunis
, et al. v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-DEB.

RECOMMENDED ACTION:

12.2 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Public Comments:

Agency designated representatives: Maria Kachadoorian, Tiffany Allen, Courtney Chase, Tanya Tomlinson, Sarah Schoen, and Edward Prendell Employee organization: ACE, IAFF, NIAF, MM/PR, POA, WCE, and unrepresented employees.

13. ADJOURNMENT
Public Comments:
to the Mayor's State of the City Address on September 26, 2023, at 6:00 p.m. at the Elite Athlete Training Center located at 2800 Olympic Parkway, and then to the regular City Council meeting on October 3, 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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