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HomeMy WebLinkAbout2022/10/04 Post Agenda Packet REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:Tuesday, October 4, 2022, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings Cox channel 24 in English only Welcome to your City Council Meeting PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways: In-Person. The community is welcome to make public comments at this City Council meeting. Masks or face coverings are recommended in Council Chambers and all City conference and meeting rooms. • Submit an eComment: Visit www.chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted until the conclusion of public comments for the item and are viewable online upon submittal. If you have difficulty submitting eComments, email comments to: cityclerk@chulavistaca.gov. • HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. To switch the video to Spanish, please click on "ES" in the bottom right hand corner. Meetings are available anytime on the City's website (English and Spanish). ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor. - Five minutes* for specific items listed on the agenda - Three minutes* for items NOT on the agenda (called to speak during Public Comments) - A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present. *Individuals who use a translator will be allotted twice the amount of time. GETTING TO KNOW YOUR AGENDA Agenda Sections: CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are considered for approval at the same time with one vote. Councilmembers and staff may request items be removed and members of the public may submit a speaker slip if they wish to comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items. PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda. PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. The hearing is closed, and the City Council may discuss and take action. ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of staff and the involved parties before the Mayor invites the public to provide input. CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiating position of the City or compromise the privacy interests of employees. Closed sessions may be held only as specifically authorized by law. Council Actions: RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective immediately. ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings: an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval. PROCLAMATIONS are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. 2022/10/04 City Council Post Agenda Page 2 of 78 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1.Oaths of Office for Board of Ethics: Scott Wm. Davenport William Gersten Jose Torres, Jr. Alexia Velissaropolos 4.2.Presentation of a Proclamation to the Chula Vista Fire Department Proclaiming October 9 through October 15, 2022 as Fire Prevention Week in the City of Chula Vista 6 5.CONSENT CALENDAR (Items 5.1 through 5.6) 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 7 RECOMMENDED ACTION: Approve the minutes dated: January 25, February 8 and 15, and March 1, 2022. 5.2.Waive Reading of Text of Resolutions and Ordinances 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 RECOMMENDED ACTION: Consider requests for excused absences as appropriate. 5.4.Purchase Agreement: Approve a Purchase Agreement with South Coast Fire Equipment for Two Pierce Fire Engine Pumper Apparatuses Through Measure P 40 Report Number: 22-0265 Location: No specific geographic location Department: Fire 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. 2022/10/04 City Council Post Agenda Page 3 of 78 RECOMMENDED ACTION: Adopt a resolution approving a purchase agreement with South Coast Fire Equipment for two Pierce Fire Engine Pumper Apparatuses in the amount of $2,203,851, in compliance with the Measure P Expenditure Plan. 5.5.Records and Information Management (RIM): Amend the Citywide Records Management Program and Declare a Trusted System for the Management of City Records and the Automation of Retention Requirements 45 Report Number: 22-0267 Location: No specific geographic location Department: 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 resolutions A) Repealing Resolution No. 17577 and amending Council Policy 112-01, City-Wide Records Management Program, to update the City’s Records and Information Management Program and B) Declaring Laserfiche a Trusted System for the management of City records and the automation of retention requirements. 5.6.Agreement and Appropriation: Approve a Memorandum of Understanding with Chula Vista Elementary School District for a School Resource Officer Program and Appropriate Funds for that Purpose 64 Report Number: 22-0270 Location: No specific geographic location Department: 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 a Memorandum of Understanding with Chula Vista Elementary School District for a School Resource Officer Program, appropriating $156,548 to the Police Department General Fund, and adding one Peace Officer to the authorized staffing level of the Police Department. (4/5 Vote Required) 6.PUBLIC COMMENTS The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.CITY MANAGER’S REPORTS 8.MAYOR’S REPORTS 9.COUNCILMEMBERS’ COMMENTS 74 2022/10/04 City Council Post Agenda Page 4 of 78 10.CITY ATTORNEY'S REPORTS 11.CLOSED SESSION 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) 11.1.Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of Case: Aimee Alexander v. The Prescott Companies, et al., San Diego Superior Court, Case No. 37-2020-00011388-CU-CO-CTL consolidated with Case No. 37-2021-00023487-CU-PO-CTL. B) Name of Case: Jacqueline Limon v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2021-00045866-CU-PA-CTL. 12.ADJOURNMENT to the regular City Council meeting on October 11, 2022 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 cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. 2022/10/04 City Council Post Agenda Page 5 of 78 OPEN HOUSE ChulaVistaFD.org | @ChulaVistaFD Find details online or on social media! Visit ourweb page! Saturday, Oct. 15 • 10 am - 2 pm Fire Station 5 • 341 Orange Ave. • Station Tours • Demonstrations • Food & Refreshments • Kid-Friendly Activities • Centennial Museum Exhibit – Last Chance! Join us! Free Family Fun! 2022/10/04 City Council Post Agenda Page 6 of 78 City of Chula Vista Regular Meeting of the City Council Meeting Minutes January 25, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Galvez, Deputy Mayor McCann, Councilmember Padilla, Mayor Casillas Salas Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented except for Items 8.1 and 10.1, which were heard after Item 7.1. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:03 p.m. via teleconference and in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. Councilmember Padilla arrived at 5:07 p.m. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office  Candice Custodio-Tan - Human Relations Commission  Lynne Pine - Veterans Advisory Commission  Vikki Robinson Opeodu - Housing Advisory Commission City Clerk Bigelow administered the oath of office to Commissioners Custodio-Tan, Pine and Opeodu and Councilmember Cardenas presented them with a certificate of appointment. 2022/10/04 City Council Post Agenda Page 7 of 78 2022/01/25 – City Council Regular Meeting Page 2 4.2 Presentation of a Proclamation to Southwestern College Student Xiomara Villarreal-Gerardo for Award-Winning Journalism Mayor Casillas Salas read the proclamation and Councilmember Galvez presented it to Xiomara Villareal-Gerardo. 5. CONSENT CALENDAR (Items 5.1 through 5.8) Moved by Mayor Casillas Salas Seconded by Councilmember McCann Council approve the recommended action appearing below consent calendar items 5.1 through 5.4 and 5.6 through 5.8. The headings below were read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Moved by Mayor Casillas Salas Seconded by Councilmember McCann Council approve the recommended action appearing below consent calendar Item 5.5. The heading below was read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas No (1): Councilmember Galvez Result, Carried (4 to 1) 5.1 Approval of Meeting Minutes Approve the minutes dated: June 1, 2021 5.2 Waive Reading of Text of Resolutions and Ordinances 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 Request for Excused Absences No requests were received at that meeting. 5.4 Measure P Citizens’ Oversight Committee: Amend the Municipal Code to Change the Number of Committee Members from 16 to 9 Adopt an ordinance amending Municipal Code chapter 2.61 regarding the Measure P Citizens Oversight Committee to change the number of committee members from 16 to 9. ORDINANCE NO. 3516 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE (CVMC) CHAPTER 2.61 TO CHANGE THE NUMBER 2022/10/04 City Council Post Agenda Page 8 of 78 2022/01/25 – City Council Regular Meeting Page 3 OF “MEASURE P” CITIZENS’ OVERSIGHT COMMITTEE MEMBERS FROM 16 TO 9 (SECOND READING AND ADOPTION) 5.5 Sunbow II Land Use Amendments: Rezoning an Existing Vacant Parcel from Industrial to Residential Use Resulting in 718 New Units and Approving an Associated Development Agreement Adopt ordinances A) approving the Sunbow II, Phase 3 Project to rezone from limited industrial to residential uses allowing up to 534 multi-family medium-high- density dwelling units and 184 multi-family high density residential dwelling units on six parcels, a 0.9-acre Community Purpose Facility site, on-site streets, open space and MSCP Preserve Open Space ; and B) approving a Development Agreement between the City of Chula Vista and ACI Sunbow, LLC (MPA21-0014) for the Sunbow II, Phase 3 Project. A) ORDINANCE NO. 3517 OF THE CITY OF CHULA VISTA APPROVING THE SUNBOW II, PHASE 3 PROJECT TO REZONE FROM LIMITED INDUSTRIAL TO RESIDENTIAL USES ALLOWING UP TO 534 MULTI-FAMILY MEDIUM-HIGH- DENSITY RESIDENTIAL DWELLING UNITS AND 184 MULTI-FAMILY HIGH- DENSITY RESIDENTIAL DWELLING UNITS ON SIX PARCELS, A 0.9-ACRE COMMUNITY PURPOSE FACILITY SITE, ON-SITE STREETS, OPEN SPACE AND MSCP PRESERVE OPEN SPACE (SECOND READING AND ADOPTION) B) ORDINANCE NO. 3518 OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ACI SUNBOW, LLC (MPA21-0014) FOR THE SUNBOW II, PHASE 3 PROJECT (SECOND READING AND ADOPTION) 5.6 Contract Amendment and Appropriation: Approve an Amendment to the Agreement with Fehr & Peers to Provide Professional Services Related to Transportation Project Cost Estimating and the Implementation of Senate Bill (SB) 743 and Appropriate Funds To adopt Resolution No. 2022-023, heading read, text waived. The motion carried by the following vote: RESOLUTION NO. 2022-023 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BID REQUIREMENT AND APPROVING AN AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND FEHR & PEERS TO PROVIDE PROFESSIONAL SERVICES SUPPORTING CHULA VISTA IMPLEMENTATION OF SENATE BILL 743 (4/5 VOTE REQUIRED) 5.7 Agreement: Approve an Agreement Between the City, Otay Land Company, and Dudek for Technical and Environmental Consulting Services for the Development of the University and Innovation District Overlay Zone To adopt Resolution No. 2022-024, heading read, text waived. The motion carried by the following vote: RESOLUTION NO. 2022-024 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY, OTAY LAND COMPANY, LLC, AND DUDEK FOR TECHNICAL AND ENVIRONMENTAL CONSULTING SERVICES TO PREPARE THE UNIVERSITY 2022/10/04 City Council Post Agenda Page 9 of 78 2022/01/25 – City Council Regular Meeting Page 4 AND INNOVATION DISTRICT OVERLAY ZONE TO FACILITATE UNIVERSITY DEVELOPMENT, AND APPROPRIATE FUNDS FOR THAT PURPOSE. (4/5 VOTE REQUIRED) 5.8 Funding Application: Approval to Authorize Submittal of Applications to CalRecycle's Recycling Payment Program To adopt Resolution No. 2022-025, heading read, text waived. The motion carried by the following vote: RESOLUTION NO. 2022-025 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF APPLICATIONS FOR CALRECYCLE'S BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM AND RELATED AUTHORIZATIONS, FOR UP TO FIVE YEARS 6. PUBLIC COMMENTS 6.1 Public Comments Received for 1/25/2022. Rudy Ramirez, Chula Vista resident, spoke regarding issues with a destroyer camp. Heidi Paris, Chula Vista resident, offered suggestions for the Downtown area of Chula Vista. Javier Santizo, Chula Vista resident, spoke regarding issues affecting the community in the construction industry. The following members of the public submitted written communications regarding the Chula Vista Mid-Managers/Professional Association (MM/PROF) negotiations:  Alicia Granados  Eddie Flores  MMPR Member  Silvia Cosio  Tessa Nguyen  Pat Garcia  Mary Radley  Mike Jensen  Claudia Block  Manuel Medrano  Jose Gomez  Victor De La Cruz  Jerry Quijencio  Boushra Salem  Francisco Rivera  Mark Caro  Coleen Wisniewski  Cheryl Goddard  Connie Fife  Stephen Mosca 2022/10/04 City Council Post Agenda Page 10 of 78 2022/01/25 – City Council Regular Meeting Page 5 7. PUBLIC HEARINGS 7.1 Consideration of Protests Against an Adjustment on Collection Rates to Comply with Organic Waste Regulations Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas opened the public hearing. Monica submitted written communication in opposition to the item. At the request of Mayor Casillas Salas there was consensus of the Council to continue the item to the meeting of February 22, 2022. 7.2 Planning Commission Appeal: Conditional Use Permit and Design Review for a 120-Bed Acute Psychiatric Hospital in the Eastlake II Planned Community, known as Eastlake Behavioral Health Hospital Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas recessed the meeting at 5:33 p.m. The Council reconvened at 6 p.m., with all members present. City Attorney Googins provided information on the proceedings and recommended the Council disclose all ex parte communications regarding the item. Councilmember Galvez moved to make attorney-client privileged information provided to the Council available to the public. The motion failed for lack of a second. Councilmembers reported the following ex parte communications:  Mayor Casillas Salas met with proponents of Scripps/Acadia, had meeting scheduled with community members that was later canceled at their request, and received and read numerous emails in support and in opposition to the item. She also announced that she did not visit the site but stated that she is aware of the surroundings.  Councilmember Galvez met with the proponents of Scripps/Acadia, attended a presentation by Monica Montoya at the Chamber of Commerce, visited the site, met with residents and spoke with several opposed individuals.  Councilmember Cardenas had nothing to disclose.  Councilmember Padilla received 35 electronic correspondence that were mostly in support of the item, four letters in opposition, and one email to his personal email that had been forwarded to the City Clerk.  Councilmember McCann received multiple emails and phone calls in support and in opposition and attended a listening tour to gather input. He met with advocates for Scripps/Acadia, Chula Vista Safe, Mike Vogt the 2022/10/04 City Council Post Agenda Page 11 of 78 2022/01/25 – City Council Regular Meeting Page 6 former landowner, and the appellant, Brad Davis. He visited the site and the adjacent neighborhoods multiple times. City Clerk Bigelow announced that 261 emails were received and provided Council and made available to the public. Development Services Director Allen and Planning Manager Philips gave a presentation on the item and responded to questions of the Council. Development Services Director Allen announced a correction to the action of the Planning Commission stating it was not unanimous. Mayor Casillas Salas opened the public hearing. Tom Gammiere, Robin Madaffer, and Amber Ter’Vrugt, representing the applicant, gave a presentation in support of the project and responded to questions of the Council. Brad Davis, Bibi Luko, John Teevan, Ian Burgar representing the appellant, gave a presentation in opposition to the project. The following members of the public spoke in support of staff's recommendation on the item:  Mike Vogt, representing IRE Development, also on behalf of Kristen Byrne  Jason Paguio, representing the Asian Business Association  Jerry Gold, representing National Alliance on Mental Illness  Pedro Anaya  Juan Miguel R. Hornedo representing San Ysidro Chamber of Commerce  Susan Guerra  Jennifer Bustamante, Chula Vista resident  Jim Lowther  Fabian Rodriguez  Clarisa Falcon  Alfredo Alverez Mayor Casillas Salas recessed the meeting at 8:03 p.m. The Council reconvened at 8:13 p.m., with all members present. The following members of the public submitted written documentation in support of staff's recommendation:  John  Jim O'Callaghan representing South County Economic Development Council 2022/10/04 City Council Post Agenda Page 12 of 78 2022/01/25 – City Council Regular Meeting Page 7 The following members of the public spoke in opposition to staff's recommendation:  Susan Cruz  Katie Davis  Briana Wyatt  Jan Buddingh Jr.  Javier Santizo  John Moot, also on behalf of Becky Cortez  Monica, Chula Vista resident  Roy Boyko  Martin Calvo representing Rolling Hills Ranch Association  Rudy Ramirez, Chula Vista resident  Catherine Zordell  Michelle Janzen  Jody Duran  Manuelito Jarina  Aileen Jarina  Rebecca Edwards, also on behalf of Humberto Peraza  Marylupe Flores  Ian Burgar, also on behalf of Isabel Peraza  John Teevan  Brad Davis  Bibi Luko  Arturo Swadener The following members of the public submitted written documentation in opposition to staff's recommendation:  Yvonne  Michael Friesen  Jamie Friesen  Yvonne Mungia  Brando McClintock  John?  Rosa  Monica  Juan  Kevin  Catherine J. Zordell  Ricardo  Xiang  Brent  Brigitta  Edward  Nancy  Elizabeth Stellin  Amy 2022/10/04 City Council Post Agenda Page 13 of 78 2022/01/25 – City Council Regular Meeting Page 8  Bill  Grace  Tricia  Angela  Gloria  Fermin The following members of the public submitted written documentation in opposition to staff's recommendation but were not present to speak.  Carrie Boyko  Teri Bristan  Danielle Miranda Mayor Casillas Salas recessed the meeting at 9:41 p.m. The Council reconvened at 9:51 p.m., with all members present. Mayor Casillas Salas recessed the meeting at 9:54 p.m. The Council reconvened at 9:57 p.m., with all members present. Robin Madaffer, Michael Genovese, representing the applicant, provided a rebuttal argument and responded to questions of the Council. City Clerk Bigelow announced the number of public comments received. There being no further members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Development Services Director Allen and Deputy City Attorney Shirey provided additional information and clarification regarding the item and responded to questions of the Council. Council discussion ensued. Mayor Casillas Salas recessed the meeting at 10:56 p.m. The Council reconvened at 11:29 p.m., with all members present. City Attorney Googins gave an overview of the amended resolution affirming the appeal and denying the Conditional Use Permit (CUP) Robin Madaffer, representing the applicant, presented conditions for Council consideration and requested a continuance for the purpose of evaluating and working with staff to evaluate the conditions and return with a proposal to Council. Brad Davis, the appellant, responded to Ms. Madaffer's request. Moved by Councilmember Galvez Seconded by Councilmember McCann To adopt Resolution No. 2022-026, heading read, text waived. The motion carried by the following vote: 2022/10/04 City Council Post Agenda Page 14 of 78 2022/01/25 – City Council Regular Meeting Page 9 Yes (3): Councilmember Galvez, Councilmember McCann, and Councilmember Padilla No (2): Councilmember Cardenas, and Mayor Casillas Salas Result, Carried (3 to 2) RESOLUTION NO. 2022-026 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE APPEAL BY BRAD DAVIS AND THEREBY DENYING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT CL P19—0010 AND DESIGN REVIEW PERMIT DR19-0012 TO CONSTRUCT A ONE-STORY, 97,050 SQUARE-FOOT BUILDING CONSISTING OF A 120 BED ACUTE PSYCHIATRIC HOSPITAL ON A I 0.5-ACRE SITE LOCATED AT 5.30 AND 83 I SHOWROOM PLACE WITHIN THE URBANIZED NORTHEAST PORTION OF THE CITY KNOWN AS EASTLAKE BUSINESS CENTER II 8. ACTION ITEMS 8.1 Employee Compensation and Positions: Approval of: (1) Amended Position Counts in Various Departments; (2) Salary Adjustments for Certain Unclassified, Hourly Positions; (3) Revised Compensation Schedule; and (4) Budget Amendments Human Resources Director Chase announced that approval of the item would affect executive compensation. Tom submitted written communications expressing a neutral position on the item. Moved by Mayor Casillas Salas Seconded by Councilmember Cardenas To adopt Resolution Nos. 2022-027 through 2022-029, the headings were read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) A) RESOLUTION NO. 2022-027 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT WITH A NET INCREASE IN AUTHORIZED STAFFING AND SALARY ADJUSTMENTS FOR CERTAIN UNCLASSIFIED, HOURLY POSITIONS B) RESOLUTION NO. 2022-028 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2021-2022 COMPENSATION SCHEDULE EFFECTIVE JANUARY 28, 2022 TO REFLECT SALARY ADJUSTMENTS FOR CERTAIN UNCLASSIFIED, HOURLY POSITIONS AND THE ADJUSTED SALARIES FOR MAYOR, COUNCILMEMBER AND CITY ATTORNEY EFFECTIVE JULY 1, 2021, AND ITS INCLUSION IN THE REVISED COMPENSATION SCHEDULES EFFECTIVE JULY 2, 2021; AUGUST 13, 2021; SEPTEMBER 10, 2021; NOVEMBER 5, 2021; NOVEMBER 19, 2021; DECEMBER 17, 2021 AND DECEMBER 31, 2021 AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 2022/10/04 City Council Post Agenda Page 15 of 78 2022/01/25 – City Council Regular Meeting Page 10 C) RESOLUTION NO. 2022-029 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2021/22 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 9. CITY MANAGER’S REPORTS City Manager Kachadoorian provided an update on Republic Services refunds related to the recent waste collection interruption. 10. MAYOR’S REPORTS 10.1 Discussion and Guidance Regarding the Future Role of the Human Relations Commission with Regard to the Automated License Plate Reader Program Moved by Mayor Casillas Salas Seconded by Councilmember McCann To relieve the Human Relations Commission of its responsibility related to the Automated License Plate Reader (ALPR) program. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) 10.2 SR-125 Toll Road: Requesting that the San Diego Association of Governments Exercise Option to Pay Off Toll Road Debt in 2027 and Take Action to Revert Control of the SR-125 to the Calif Department of Transportation in 2027 for Operation as a Freeway Mayor Casillas Salas spoke regarding the item. Moved by Mayor Casillas Salas Seconded by Councilmember Galvez To adopt Resolution No. 2022-030, heading read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) RESOLUTION NO. 2022-030 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THAT THE SAN DIEGO ASSOCIATION OF GOVERNMENTS’ EXERCISE ITS OPTION TO PAY OFF SR-125 TOLL ROAD DEBT IN 2027 AND TAKE ALL OTHER ACTIONS NECESSARY TO REVERT CONTROL OF THE SR-125 TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION IN 2027 FOR ITS OPERATION AS A FREEWAY 2022/10/04 City Council Post Agenda Page 16 of 78 2022/01/25 – City Council Regular Meeting Page 11 11. COUNCILMEMBERS’ COMMENTS There were none. 12. CITY ATTORNEY'S REPORTS There were none. 13. ADJOURNMENT The meeting was adjourned at 11:52 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/04 City Council Post Agenda Page 17 of 78 2022/02/08 – City Council Regular Meeting Minutes Page 1 City of Chula Vista Regular Meeting of the City Council Meeting Minutes February 8, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Mayor Casillas Salas Absent: Councilmember Padilla Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:22 p.m. via teleconference and in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Cardenas led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 COVID-19 Update by City of Chula Vista Emergency Services Manager Marlon King Emergency Services Manager King gave a presentation on the item. 5. CONSENT CALENDAR (Items 5.1 through 5.6) Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended action appearing below consent calendar items 5.1 through 5.6. The headings below were read, text waived. The motion carried by the following vote: 2022/10/04 City Council Post Agenda Page 18 of 78 2022/02/08 – City Council Regular Meeting Minutes Page 2 Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) 5.1 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2 Consideration of Request for Excused Absences Approve an excused absence for Councilmember Padilla from this City Council meeting. 5.3 Agreement: Approving the Fourth Amendment to the Medical Director Agreement with the Regents of the University of California San Diego to Support the Chula Vista Fire Department's Emergency Medical Services Adopt a resolution approving the fourth amendment to the Medical Director agreement with the Regents of the University of California San Diego. RESOLUTION NO. 2022-031 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING THE FOURTH AMENDMENT TO THE MEDICAL DIRECTOR AGREEMENT BETWEEN THE CITY AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA 5.4 American Rescue Plan Act Spending Plan Amendment: Amend the American Rescue Plan Act Spending Plan to Include a Homeless Supportive Services Program Adopt a resolution amending the American Rescue Plan Act Spending Plan, allowing the City Manager to execute documents to implement the amendment, and reallocating funds for that purpose. RESOLUTION NO. 2022-032 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING THE THIRD AMENDMENT TO THE AMERICAN RESCUE PLAN ACT SPENDING PLAN; (2) REALLOCATING FUNDS THEREFOR; AND (3) AUTHORIZING THE CITY MANAGER, AS SET FORTH HEREIN, TO EXECUTE ANY REQUIRED DOCUMENTS OR AGREEMENTS WHICH MAY BE NECESSARY TO IMPLEMENT SAID AMENDMENT (4/5 VOTE REQUIRED) 5.5 Grant Acceptance and Appropriation: Accept Grant Funds from the Roy and Marian Holleman Foundation to Support the Animal Care Facility Adopt a resolution accepting $28,620 in grant funds from the Roy and Marian Holleman Foundation to be used for pet examination, surgery, and post-surgical care at the Animal Care Facility and appropriating funds for that purpose. RESOLUTION NO. 2022-033 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE ROY AND MARIAN HOLLEMAN FOUNDATION FOR THE ANIMAL CARE FACILITY AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 2022/10/04 City Council Post Agenda Page 19 of 78 2022/02/08 – City Council Regular Meeting Minutes Page 3 5.6 Donation Acceptance and Appropriation: Accept a Donation from the Estate of Susan Schmidt and Appropriate the Funds in the Permanent Endowments Fund to Support the Animal Care Facility Adopt a resolution accepting $160,933.58 in inherited IRA funds from the estate of Susan Schmidt to be used to support the Animal Care Facility and appropriating funds for that purpose. RESOLUTION NO. 2022-034 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATED FUNDS FROM THE ESTATE OF SUSAN SCHMIDT AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS There were none. 7. PUBLIC HEARINGS 7.1 Economic Development Subsidy Report: Accept and File a Report Pursuant to Government Code Section 53083 for Sunroad BCV Holding to Construct a BMW Auto Dealership Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Senior Economic Development Specialist Pointer responded to questions of the Council. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Moved by Councilmember McCann Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-035, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-035 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND FILING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083 FOR SUNROAD BCV, HOLDINGS, INC. TO CONSTRUCT A BMW AUTO DEALERSHIP 8. ACTION ITEMS 8.1 Employee Compensation and Bargaining Agreement: Approve MOU with the Chula Vista Mid Managers/Professional Association, SEIU Local 221; Amend Compensation for HIDTA Management Positions; and Approve Revised Compensation Schedule and Budget Amendments 2022/10/04 City Council Post Agenda Page 20 of 78 2022/02/08 – City Council Regular Meeting Minutes Page 4 Human Resources Director Chase announced that approval of the item would affect executive compensation. Frank Rivera submitted written documentation expressing his support of the item but did not wish to speak. The following members of the public submitted written communications in support of the item:  Michael Jensen  Mark Caro  Frank Rivera The following members of the public submitted written communications in opposition to incentivizing vaccinations:  Robert Johnson  Marylou  Christina Moved by Mayor Casillas Salas Seconded by Councilmember Galvez To adopt Resolution Nos. 2022-036 through 2022-039, headings read, text waived. The motion carried by the following vote: A) RESOLUTION NO. 2022-036 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (“MOU’) BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MID MANAGERS/PROFESSIONAL ASSOCIATION (“MM/PROF”), SEIU LOCAL 221, RELATED TO COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AND AUTHORIZING THE CITY MANAGER, AS SET FORTH HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND ANY ADDITIONAL DOCUMENTS WHICH MAY BE NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU B) RESOLUTION NO. 2022-037 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE TO REFLECT CHANGES IN THE COMPENSATION FOR THE FA DEPUTY EXECUTIVE DIRECTOR AND FA DIRECTOR OF SD LECC EFFECTIVE JANUARY 1, 2022 C) RESOLUTION NO. 2022-038 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2021-2022 COMPENSATION SCHEDULE EFFECTIVE JANUARY 28, 2022, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 D) RESOLUTION NO. 2022-039 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2021/22 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 2022/10/04 City Council Post Agenda Page 21 of 78 2022/02/08 – City Council Regular Meeting Minutes Page 5 9. CITY MANAGER’S REPORTS There were none. 10. MAYOR’S REPORTS There were none. 11. COUNCILMEMBERS’ COMMENTS Councilmember McCann thanked the community for watching. 12. CITY ATTORNEY'S REPORTS There were none. 13. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Mayor Casillas Salas recessed the meeting at 5:52 p.m. The Council convened in Closed Session at 6:05 p.m., with all members present. 13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) 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 Agency designated representatives: Maria Kachadoorian, Glen Googins, Courtney Chase, Kelley Bacon, Simon Silva, Sarah Schoen, Tanya Tomlinson, Ed Prendell and Steve Berliner Employee organizations: IAFF ACTION: No Reportable Action 13.2 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Maria Kachadoorian, Glen Googins, Courtney Chase, Kelley Bacon, Simon Silva, Sarah Schoen, Tanya Tomlinson, Ed Prendell and Steve Berliner Employee organizations: IAFF ACTION: No Reportable Action 2022/10/04 City Council Post Agenda Page 22 of 78 2022/02/08 – City Council Regular Meeting Minutes Page 6 13.3 Conference with Legal Counsel -- Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One [1] case. Ongoing issues with Republic Services, Inc. ACTION: No Reportable Action 14. ADJOURNMENT The meeting was adjourned at 8:35 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/04 City Council Post Agenda Page 23 of 78 2022/02/15 – City Council Regular Meeting Minutes Page 1 City of Chula Vista Regular Meeting of the City Council Meeting Minutes February 15, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Mayor Casillas Salas Absent: Councilmember Padilla Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. 4. CONSENT CALENDAR (Items 4.1 through 4.6) Moved by Councilmember McCann Seconded by Deputy Mayor Cardenas To approve the recommended action appearing below consent calendar Items 4.1 through 4.2 and 4.4 through 4.6. The headings below were read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) 2022/10/04 City Council Post Agenda Page 24 of 78 2022/02/15 – City Council Regular Meeting Minutes Page 2 4.1 Approval of Meeting Minutes Approve the minutes dated: June 15, 2021 4.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 4.4 Annual Report: Acceptance of Audited Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2021 and Update on City Reserve Funds Adopt a resolution accepting the audited Annual Comprehensive Financial Report (ACFR) for Fiscal Year ended June 30, 2021, and update on City reserve funds. RESOLUTION NO. 2022-040 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE AUDITED ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR FISCAL YEAR ENDING JUNE 30, 2021 4.5 Contract Extension: Approve Contract Extension with Axon Enterprise, Inc. for Body Worn Camera Program Adopt a resolution accepting an agreement extension with Axon Enterprise, Inc. for the Body Worn Camera Program, and authorizing the City Manager to execute the same. RESOLUTION NO. 2022-041 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN AGREEMENT EXTENSION WITH AXON ENTERPRISE, INC. FOR THE BODY WORN CAMERA PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME 4.6 Contract Award: Approve Contract with AEP-California LLC to Provide Vehicle Outfitting Services for the Police Department Adopt a resolution awarding an agreement with American Emergency Products doing business as AEP-California LLC to provide vehicle outfitting services for the Police Department, authorizing the City Manager to execute the same, and authorizing the Director of Finance/Treasurer to approve up to four additional one- year extensions. RESOLUTION NO. 2022-042 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING AN AGREEMENT WITH AMERICAN EMERGENCY PRODUCTS DOING BUSINESS AS AEP-CALIFORNIA LLC TO PROVIDE VEHICLE OUTFITTING SERVICES FOR THE POLICE DEPARTMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS 2022/10/04 City Council Post Agenda Page 25 of 78 2022/02/15 – City Council Regular Meeting Minutes Page 3 ITEM REMOVED FROM THE CONSENT CALENDAR 4.3 Consideration of Request for Excused Absences Councilmember Galvez spoke regarding the item. Moved by Mayor Casillas Salas Seconded by Councilmember McCann Approve an excused absence for Councilmember Padilla from that City Council meeting. Yes (3): Deputy Mayor Cardenas, Councilmember McCann, and Mayor Casillas Salas No (1): Councilmember Galvez Result, Carried (3 to 1) 5. PUBLIC COMMENTS John Acosta, spoke regarding electricity pricing for seniors. Tina Matthias, Chula Vista resident and Chair of Sustainability Commission spoke regarding dissemination of time-sensitive information to Council from City Boards and Commissions. Heidi Paris, Chula Vista resident, spoke in support of preserving Brew Bar. 6. PUBLIC HEARINGS 6.1 Annual Report: Federal Block Grant Programs Funding Priorities for Fiscal Year 2022/23 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Senior Management Analysts Davis and Dorado gave a presentation on the item and responded to questions of the Council. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Moved by Councilmember McCann Seconded by Deputy Mayor Cardenas To accept the report, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) 2022/10/04 City Council Post Agenda Page 26 of 78 2022/02/15 – City Council Regular Meeting Minutes Page 4 7. ACTION ITEMS 7.1 Agreement and Appropriation: Approve an Agreement Between the City and CBRE Group, Inc. For Real Estate Advisement, Marketing and Brokerage Services and Appropriating Funds for that Purpose Sr. Projects Manager Evans and Deputy City Manager Crockett gave a presentation of the item. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-043, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-043 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY’S CONSULTANT SELECTION PROCESS, APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY AND CBRE GROUP, INC. FOR REAL ESTATE ADVISEMENT, MARKETING AND BROKERAGE SERVICES AND APPROPRIATING $653,000 IN FUNDS THEREFOR (4/5 VOTE REQUIRED) 7.2 Agreement and Appropriation: Approving a Legal Services Agreement with Stradling, Yocca, Carlson & Rauth Regarding a Proposed University/Innovation District Master Development Agreement with HomeFed Corporation, and Appropriating Funds for that Purpose City Attorney Googins spoke regarding the item. Moved by Mayor Casillas Salas Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-044, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-044 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY’S CONSULTANT SELECTION PROCESS, APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY AND STRADLING, YOCCA, CARLSON & RAUTH FOR ASSISTANCE WITH NEGOTIATIONS OF A MASTER DEVELOPMENT AGREEMENT WITH HOMEFED CORPORATION AND RELATED UNIVERSITY/INNOVATION DISTRICT PROJECT MATTERS, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 2022/10/04 City Council Post Agenda Page 27 of 78 2022/02/15 – City Council Regular Meeting Minutes Page 5 7.3 Agreement: Approve a Second Amendment to the Core Agreement with the United States Olympic & Paralympic Committee Assistant City Manager Bacon and Brian Melekian representing the Chula Vista Elite Athlete Training Center, gave a presentation on the item. Moved by Councilmember McCann Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-045, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-045 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE CORE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE UNITED STATES OLYMPIC & PARALYMPIC COMMITTEE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE LICENSE AGREEMENT FOR THE CHULA VISTA ELITE ATHLETE TRAINING CENTER 8. CITY MANAGER’S REPORTS There were none. 9. MAYOR’S REPORTS At the request of Mayor Casillas Salas, there was consensus of t he Council to direct the City Manager and City Attorney to explore the feasibility and viability of a Community Benefits Agreement for City construction projects. 10. COUNCILMEMBERS’ COMMENTS Councilmember Galvez requested consensus of the Council to discuss negotiations with (IAFF) Local 2180 in closed session on February 22, 2022 and distributed a memo stating the same. The request failed for lack of a consensus. Councilmember McCann spoke in support of Councilmember Padilla and his family during the difficult time they were experiencing. 11. CITY ATTORNEY'S REPORTS There were none. 12. CLOSED SESSION 12.1 Conference with Legal Counsel -- Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One [1] case. Ongoing issues with Republic Services, Inc. ACTION: No Reportable Action - Item was not discussed. 2022/10/04 City Council Post Agenda Page 28 of 78 2022/02/15 – City Council Regular Meeting Minutes Page 6 13. ADJOURNMENT The meeting was adjourned at 6:13 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/04 City Council Post Agenda Page 29 of 78 City of Chula Vista Regular Meeting of the City Council Meeting Minutes March 1, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Mayor Casillas Salas Absent: Councilmember Padilla Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented except Items 7.1 and 4.3 which were heard following the Pledge of Allegiance, respectively. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:06 p.m. via teleconference and in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance Mayor Casillas Salas called for a moment of silence to honor the citizens of Ukraine and to pay tribute to Councilmember Padilla's father, Don Wroe. 4. SPECIAL ORDERS OF THE DAY 4.1 COVID-19 Update by the City of Chula Vista Emergency Services Manager Marlon King Emergency Services Manager King gave a presentation on the item and responded to questions of the Council. 2022/10/04 City Council Post Agenda Page 30 of 78 2022/03/01 – City Council Regular Meeting Minutes Page 2 4.2 Presentation of a Proclamation Proclaiming March 7, 2022 as COVID-19 Victims Memorial Day in the City of Chula Vista Mayor Casillas Salas read the proclamation and Councilmember Cardenas presented it to Emergency Services Manager King. 4.3 Recognition of the Crusaders Football Team from Chula Vista Mater Dei High School for Winning the 2021 State Division 2-AA Championship John Joyner representing Mater Dei High School introduces the players and the Councilmembers present the Chula Vista Champion medals. 5. CONSENT CALENDAR (Items 5.1 through 5.11) Mayor Casillas Salas announced that Item 5.5 was removed from the Consent Calendar at the request staff. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended action appearing below consent calendar Items 5.1 through 5.4 and 5.6 through 5.11 headings read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) 5.1 Approval of Meeting Minutes Approve the minutes dated: July 13, 2021. 5.2 Waive Reading of Text of Resolutions and Ordinances 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 Request for Excused Absences Consider requests for excused absences as appropriate. 5.4 First-Time Homebuyer Program: Authorize City Manager to Execute Agreement Between the City of Chula Vista and the San Diego Housing Commission for the Management and Implementation of a First-Time Homebuyer Program and Appropriate Funds for that Purpose Approve a resolution (1) authorizing the City Manager to execute an agreement and necessary amendments, as needed, for consultant services between the San Diego Housing Commission and the City of Chula Vista to administer a First-Time Homebuyer Assistance Program; (2) authorizing the Purchasing Agent to execute four one-year options to extend; (3) authorizing the Director of Development Services or designee to execute or amend any and all first-time homebuyer loan documents; and (4) appropriating available housing funds needed for the program implementation. 2022/10/04 City Council Post Agenda Page 31 of 78 2022/03/01 – City Council Regular Meeting Minutes Page 3 RESOLUTION NO. 2022-046 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT AND NECESSARY AMENDMENTS, AS NEEDED, FOR CONSULTANT SERVICES BETWEEN THE SAN DIEGO HOUSING COMMISSION AND THE CITY OF CHULA VISTA TO ADMINISTER A FIRST TIME HOMEBUYER ASSISTANCE PROGRAM; (2) AUTHORIZING THE PURCHASING AGENT TO EXECUTE FOUR ONE-YEAR OPTIONS TO EXTEND; (3) AUTHORIZING THE DIRECTOR OF DEVELOPMENT SERVICES OR DESIGNEE TO EXECUTE OR AMEND ANY AND ALL FIRST TIME HOMEBUYER LOAN DOCUMENTS; AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.6 Agreement Extension: Approve an Amendment to Extend the Alternative Dispute Resolution Agreement Between the City and the Chula Vista Police Officer’s Association Adopt a resolution approving an amendment to extend the Alternative Dispute Resolution Agreement between the City and the Chula Vista Police Officer’s Association for another year. RESOLUTION NO. 2022-048 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXTENSION TO THE ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER’S ASSOCIATION 5.7 Employee Referral Program: Approve the City’s Referral Program for Hard- to-Fill Positions Adopt a resolution approving the City of Chula Vista’s Referral Program for hard-to- fill positions. RESOLUTION NO. 2022-049 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REFERRAL PROGRAM FOR HARD-TO-FILL POSITIONS 5.8 Memorandum of Understanding (MOU): Approve an MOU with SANDAG Regarding the Next Operating System (Next OS) to Enhance a Safe and Efficient Transportation Network Adopt a resolution approving a Memorandum of Understanding with the San Diego Association of Governments (SANDAG) regarding cooperative work to advance the development of Phase 1 of the Next Operating System (Next OS). RESOLUTION NO. 2022-050 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING COOPERATIVE WORK TO ADVANCE THE DEVELOPMENT OF PHASE 1 OF THE NEXT OPERATING SYSTEM 5.9 Grant Application: Fifth Cycle of the Smart Growth Incentive Program Administered by the San Diego Association of Governments for the Chula Vista Trails Master Plan Adopt a resolution authorizing an application for grant funds from the San Diego Association of Governments for a Trails Master Plan and, if selected for funding, authorizing actions necessary for implementation of the grant. 2022/10/04 City Council Post Agenda Page 32 of 78 2022/03/01 – City Council Regular Meeting Minutes Page 4 RESOLUTION NO. 2022-051 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR GRANT FUNDS FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE CHULA VISTA TRAILS MASTER PLAN AND AUTHORIZING THE CITY MANAGER OR DESIGNEE(S) TO ACCEPT THE TERMS OF THE GRANT AGREEMENT IF SELECTED FOR SUCH FUNDING, EXECUTE ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY FOR IMPLEMENTATION OF THE GRANT 5.10 City Council Policy and Investment Report: Amend the City Council Policy, Delegate Investment Activity Authority to the Director of Finance/Treasurer and Receive the Quarter Ended December 31, 2021 Investment Report Adopt a resolution amending City Council Policy No. 220-01 Investment Policy and Guidelines; delegate investment activity authority to the Director of Finance/Treasurer; and receive the Investment Report for the quarter ended December 31, 2021. RESOLUTION NO. 2022-052 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES; AMENDING THE EXISTING POLICY; AND DELEGATING INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF FINANCE/TREASURER 5.11 Position Count and Budget Amendment: Approval of Amended Position Counts in Various Departments and Budget Amendments Adopt resolutions (A) amending the authorized position count in various departments; and (B) making various amendments to the Fiscal Year 2021/22 budget and appropriating funds for that purpose. RESOLUTION NO. 2022-053 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS WITH A NET INCREASE IN AUTHORIZED STAFFING RESOLUTION NO. 2022-054 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2021/22 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) ITEM REMOVED FROM THE CONSENT CALENDAR 5.5 Public Arts Grant: Approving the Create Chula Vista Arts Grant Funded by the American Rescue Plan Act of 2021 Principal Librarian Whatley gave a presentation on the item, she and Library Administrator Magbanua responded to questions of the Council. Moved by Mayor Casillas Salas Seconded by Councilmember Galvez To adopt Resolution No. 2022-047, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas 2022/10/04 City Council Post Agenda Page 33 of 78 2022/03/01 – City Council Regular Meeting Minutes Page 5 Result, Carried (4 to 0) RESOLUTION NO. 2022-047 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CREATE CHULA VISTA ARTS GRANT PROGRAM FUNDED BY THE AMERICAN RESCUE PLAN ACT 6. PUBLIC COMMENTS John Acosta, Chula Vista resident spoke regarding the senior community and homelessness. 7. BOARDS AND COMMISSIONS 7.1 Sustainability Commission: Adopt a Resolution Declaring a Climate Emergency in the City of Chula Vista Environmental Sustainability Manger Wisniewski spoke on the item and Sustainability Commissioner Legapsi gave a presentation on the item. The following members of the public spoke in support of the Commission’s recommendation:  Faith Avila  Gina Woodard, Chula Vista resident  Eric Boyles  Rita Clement, Chula Vista resident  Roxanna Braganca  Zoe Rachow  Andrea Nocoechea  Carolyn Scofield, Chula Vista resident  Karinna Gonzalez, Chula Vista resident representing Hammond Climate Solutions Foundation The following members of the public submitted comments in support the Commission’s recommendation:  Fabiola Lao, Chula Vista resident  Claudia Alexa Castruita  Stephanie Liang  Karen Baeza  Jack Fan  Isaac Petzoldt  Michelle  Santiago Medina  Sophia Hirsch  Ivan Correia  Judith Schlebecker, San Diego resident  Ruth Arnett Jordan, Chula Vista resident  Karl Aldinger, representing Sierra Club San Diego  Jude Bee  Dr. Kay Henderson  Savanna Ramirez 2022/10/04 City Council Post Agenda Page 34 of 78 2022/03/01 – City Council Regular Meeting Minutes Page 6  Jannelle De Los Santos  Gina Woodard, Chula Vista resident The following members of the public submitted written communications in support of the Commission's recommendation:  Nicole  Daniela Price  Patricia Bessie  Antonio Mora  Enyssa Dominguez  Jamie Sanchez  Kaitlin Bertrand  Zachary Merghart  Madison Belle Garay  Jaume Arreola Blancafort  Bronson  Aaron Ponce  Rico Araujo  Jayden Walls  Sebastian Shaul  Rita Clement, Chula Vista resident  Matthew Vasilakis  Steven Gelb  Toshihiko Ishihara  Wendy Mihalic  Larry West  Marco Clavel  Fernando Cavazos  Destiny A.  Brooke Rivera Llanes  Madison Knudson  Jaan De Leon Moved by Mayor Casillas Salas Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-055, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-055 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A CLIMATE EMERGENCY 2022/10/04 City Council Post Agenda Page 35 of 78 2022/03/01 – City Council Regular Meeting Minutes Page 7 8. PUBLIC HEARINGS 8.1 Regional Transportation Improvement Program: Amendment to the Transnet Local Street Improvement Program of Projects for Fiscal Years 2020/21 through 2024/25 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Moved by Councilmember McCann Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-056, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-056 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2020/21 THROUGH 2024/25 9. ACTION ITEMS 9.1 Financial Report and Appropriations: Accept the Quarterly Financial Report for the Quarter Ending December 31, 2021 and Appropriate Funds to Adjust for Variances Finance Director Schoen and Budget Manager Prendell gave a presentation on the item. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-057, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-057 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2021/22 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 9.2 Waste Reduction Strategic Plan: Approval of the City of Chula Vista’s 2022- 2035 Waste Reduction Strategic Plan, Chula Vista’s Road Plan to Zero Waste 2022/10/04 City Council Post Agenda Page 36 of 78 2022/03/01 – City Council Regular Meeting Minutes Page 8 Environmental Services Manger Medrano and Sustainability Specialist Robert Coleman gave a presentation on the item and responded to questions of the Council. Moved by Mayor Casillas Salas Seconded by Councilmember Galvez To adopt Resolution No. 2022-058, heading was read, text waived. The motion carried by the following vote: RESOLUTION NO. 2022-058 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2022-2035 WASTE REDUCTION STRATEGIC PLAN, CHULA VISTA’S ROAD PLAN TO ZERO WASTE 10. CITY MANAGER’S REPORTS Sr. Management Analyst Davis gave a presentation on the homeless bridge shelter project and responded to questions of the Council. 11. MAYOR’S REPORTS Mayor Casillas Salas spoke regarding her attendance at the Annual Point-in-Time Count for people experiencing homelessness. 11.1 Legislative Program Update and Consideration of Adopting the 2022 Legislative Program Mayor Casillas spoke regarding updates to the 2022 Legislative Program. Moved by Councilmember Galvez Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-059, heading read, text waived. The motion carried by the following vote: Result, Carried RESOLUTION NO. 2022-059 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2022 LEGISLATIVE PROGRAM 11.2 Ratification of Appointment of Monica Montano to the Healthy Chula Vista Advisory Commission Moved by Mayor Casillas Salas Seconded by Councilmember McCann To ratify the above appointment. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) 2022/10/04 City Council Post Agenda Page 37 of 78 2022/03/01 – City Council Regular Meeting Minutes Page 9 12. COUNCILMEMBERS’ COMMENTS Councilmember Galvez expressed her appreciation to participants regarding clean-up efforts around the City and spoke regarding her attendance at the promotional ceremony of police staff. Councilmember Cardenas spoke regarding her attendance at the ribbon cutting for the beautification of utility boxes down 4th Avenue. She extended her condolences to Councilmember Padilla. She also spoke regarding a recent meeting with the Chicano Federation regarding a summer soccer camp in collaboration with the San Diego Loyals. Councilmember McCann spoke regarding his attendance at the following recent events: the State of Bonita address by Nora Vargas; Chula Vista Golf Course Blood Drive; ribbon cutting for South Bay Lacrosse League and the promotional ceremony of police staff. He extended his condolences to Councilmember Padilla. 13. CITY ATTORNEY'S REPORTS There are none. 14. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Mayor Casillas Salas recessed the meeting at 7:27 p.m. The Council convened in Closed Session at 7:40 p.m., with all members present. 14.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of case: City of Imperial Beach, et al. v. The International Boundary & Water Commission-United States Section, United States District Court, Case No. 18-cv-0457 JM JLB. ACTION: No Reportable Action - Item was not discussed B) Name of case: City of Chula Vista v. Douglas Barnhart, Inc. et al.; Case No. 37- 2016-00045312 ACTION: No Reportable Action 14.2 Conference with Legal Counsel -- Anticipated Litigation -- Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): One [1] case. Ongoing issues with Republic Services, Inc. ACTION: No current Reportable Action - Pending Finalization of Settlement 2022/10/04 City Council Post Agenda Page 38 of 78 2022/03/01 – City Council Regular Meeting Minutes Page 10 15. ADJOURNMENT Mayor Casillas Salas adjourned the meeting in memory of John Ferrell. The meeting was adjourned at 8:40 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/04 City Council Post Agenda Page 39 of 78 v . 0 03 P a g e | 1 October 4, 2022 ITEM TITLE Purchase Agreement: Approve a Purchase Agreement with South Coast Fire Equipment for Two Pierce Fire Engine Pumper Apparatuses Through Measure P Report Number: 22-0265 Location: No specific geographic location Department: Fire 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 purchase agreement with South Coast Fire Equipment for two Pierce Fire Engine Pumper Apparatuses in the amount of $2,203,851, in compliance with the Measure P Expenditure Plan. SUMMARY The Chula Vista Fire Department delivers Fire, Rescue and Emergency Medical Services to Chula Vista residents, visitors, and employees daily. Emergency response service delivery is provided with several different types of apparatus, including triple combination pumped/fire engines, aerial ladder trucks, a heavy rescue, brush engines and command vehicles. The Fire Department continues to replace fire apparatus as part of the initial phase of the City’s 10-year Measure P Expenditure Plan specific to the Fire Department’s fire apparatus replacement plan. The Fire Department is requesting authorization to purchase two (2) Pierce Arrow XT Pierce’s Ultimate Configuration (PUC) Pumper through its sole source agreement with South Coast Fire Equipment to replace existing fire engines that will be transitioned into our reserve fleet. ENVIRONMENTAL REVIEW 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. 2022/10/04 City Council Post Agenda Page 40 of 78 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION The purchase of the two (2) Pierce Engine Pumper Apparatus were recommended for approval in the Measure P Expenditure Plan by the Measure P Citizens’ Oversight Committee (COC) per the estimated budgeted cost at that time. Since the COC last considered the plan, the actual cost of purchase has increased due to market conditions. Measure P actual revenues have also increased since that time and are sufficient to cover this increase without impacting the Expenditure Plan. This change has been communicated to the COC. DISCUSSION The Fire Department responds to Fire, Rescue and Emergency Medical incidents both within the City and surrounding jurisdictions. As part of the Fire Department’s continued execution of the City’s 10-year Measure P Expenditure Plan specific to the fire apparatus and equipment replacements, the replacement of two (2) fire engines is necessary. The replacement of these two fire engines is the continued effort to remain in alignment with the City’s 10-year Measure P Expenditure Plan. These efforts are significant and provide for improved overall quality, reliability, cost effectiveness and safety of the fire apparatus fleet. The Fire Facility Master Plan includes an addendum that details the recommended apparatus replacement cycles to include 10 to 12 years of frontline service, plus 5 years of reserve service, for a total service life of 17 years. National Fire Protection Association (NFPA) Standard 1901 on Automotive Fire Apparatus and other National Fleet Maintenance Organizations recommend large vehicle replacements based on several criteria to include years of service, mileage, maintenance costs, functional obsolescence, and inability to obtain prior parts as well as technology and safety improvements. The current engines being replaced were placed into service in 2016, which puts their current years of service at approximately 6 years. There is currently a 28-month manufacturing lead time before the apparatus is received to begin outfitting to be placed into service. This lead time would put their years of service at 8 and a half years of service. These engines would move to our reserve fleet once the new engines are ordered and placed into service. By placing these engines into our reserve fleet, these would replace reserve engines who are currently at 18 years of service, which exceed NFPA standards of 17 years of service. This purchase is a sole source purchase with South Coast Fire Equipment for the Pierce manufactured fire apparatus, pursuant to Chula Vista Municipal Code section 2.56.070.B.4 (unique compatibility requirements). The Fire Department uses Pierce Manufacturing to purchase frontline operational emergency response vehicles for several critical reasons: 1. Equipment Standardization: providing the same type of emergency response apparatus is critical to provide a standard approach to training all personnel. This ensures that our personnel can operate fire apparatus at a competent level while under duress of emergency response. 2. Safety: Fire personnel are consistently moved from one fire station to another. Maintaining a fleet of fire apparatus that operate consistently throughout our fleet ensures driver/operators and firefighters can operate and locate equipment in an efficient and timely manner while working in emergency situations. The purchase of these new fire apparatus will continue to improve the overall quality, reliability, cost effectiveness and safety of the City’s fire apparatus fleet. 2022/10/04 City Council Post Agenda Page 41 of 78 P a g e | 3 The Fire Department has received a quote from South Coast for the purchase of two (2) Pierce Arrow XT Pierce’s Ultimate Configuration (PUC) Pumpers for the quoted purchase price total of $2,098,905.94. The Fire Department is recommending a 5% overage to account for any change order needs in the manufacturing process, bringing the total to $2,203,851.24 to be purchased using the Fire Department Vehicle/Apparatus allocations of the Measure P Expenditure Plan. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the general fund. The total cost to purchase two (2) Pierce Arrow XT Pierce’s Ultimate Configuration (PUC) Pumpers will be funded from the Measure P fund. The order will be placed with South Coast Fire Equipment upon Council approval. Lead time on delivery of apparatus is approximately 28 months. Payment for apparatus is upon delivery, so subsequently no payments will be made until FY24. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the general fund. These apparatuses are replacements rather than additions to our fleet, therefore any fuel and maintenance costs both for the frontline engines and engines being moved into the reserve fleet are already built into the Department’s ongoing operational budget. ATTACHMENTS Attachment 1- South Coast Fire Equipment Arrow XT PUC Front Sheet Staff Contact: Emily Folker, Pete Mercado, Harry Muns 2022/10/04 City Council Post Agenda Page 42 of 78 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH SOUTH COAST FIRE EQUIPMENT TO PURCHASE TWO PIERCE ARROW PUMPER APPARATUSES THROUGH THE MEASURE P EXPENDITURE PLAN WHEREAS, the Chula Vista Fire Department delivers Fire, Recue and Emergency Medical Services to Chula Vista residents, visitors, and employees every day; and WHEREAS, emergency response services are provided with several different types of fire apparatus including triple combination pumpers/engines, aerial ladder trucks, heavy rescue, brush engines and command vehicles; and WHEREAS, the Fire Department continues to execute fire apparatus replacements as part of the City’s 10-year Measure P Expenditure Plan specific to fire apparatus replacements; and WHEREAS, the Fire Department continues to move toward compliance with the recommended fire apparatus replacement cycles identified in the Council approved Fire Department Fire Facility Master Plan (“Master Plan”); and WHEREAS, the Fire Department is recommending a sole source purchase with South Coast Fire Equipment for the acquisition of two Pierce Arrow XT Pierce’s Ultimate Configuration Pumpers for the combined price of $2,203,851.24 in order to replace fire apparatus as contemplated in the Master Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves a purchase agreement with South Coast Fire Equipment for the acquisition of two Pierce Fire Engine Pumper Apparatuses through the Measure P Expenditure Plan. Presented by Approved as to form by Harry Muns Glen R. Googins Fire Chief City Attorney 2022/10/04 City Council Post Agenda Page 43 of 78 Extension (1 ) 962,829.00$ Sales Tax @ 8.750%84,247.54$ 1,047,076.54$ Performance Bond 2,358.93$ California Tire Fee 17.50$ Consortium Fee Not Applicable -$ 1,049,452.97$ 810-840 South Coast Fire Equipment, Inc. Tim Olley Sales Representative PROPOSAL FOR FURNISHING FIRE APPARATUS for final acceptance by South Coast Fire Equipment, Inc., at its corporate office in Ontario, California, Each August 24, 2022 CHULA VISTA FIRE DEPARTMENT The undersigned is prepared to provide for you, our customer, upon an order being placed by you, the apparatus and equipment herein named and for the following prices: Chula Vista CA. 91910 276 Forth Ave. One 962,829.00$ Pierce Arrow XT Pierce's Ultimate Configuration (PUC) Pumper as per enclosed proposal for delivery sum of the cost of the construction of the apparatus. Final invoice will be sent approximately 30 days before final inspection and payment must be received prior to delivery of the apparatus. the specifications hereto attached, delays due to strikes, war or international conflict, failures to Respectfully Submitted, customer specifications. Any increased costs incurred by the first party because of future changes changes desired by the purchaser, provided such alterations are interlined prior to the acceptance The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules 84,247.54$ 2,358.93$ Said apparatus and equipment are to be built by the manfacturer and shipped in accordance with TOTAL PURCHASE PRICE reserved to withdraw this proposition. obtain chassis, materials, or other causes beyond our control not preventing, within about to the price set forth above. Unless accepted within 30 days from the specified date, the right is in Ontario, California, and to be delivered to you at Chula Vista in or additions to said DOT or NFPA standards will be passed along to the customer as an addition guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by by the company of the order to purchase, and provided such alterations do not materially affect and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) The specifications herein contained shall form a part of the final contract and are subject to APPARATUS COST WITH TAX 17.50$ calender days after receipt of this order and the acceptance thereof at our office 1,047,076.54$ 1,049,452.97$ -$ 2022/10/04 City Council Post Agenda Page 44 of 78 v . 0 03 P a g e | 1 October 4, 2022 ITEM TITLE Records and Information Management (RIM): Amend the Citywide Records Management Program and Declare a Trusted System for the Management of City Records and the Automation of Retention Requirements Report Number: 22-0267 Location: No specific geographic location Department: 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 resolutions A) Repealing Resolution No. 17577 and amending Council Policy 112-01, City-Wide Records Management Program, to update the City’s Records and Information Management Program and B) Declaring Laserfiche a Trusted System for the management of City records and the automation of retention requirements. SUMMARY Adoption of the proposed resolutions will 1) update the City’s records management program to establish policies and procedures for efficient control over records citywide, including incorporation of industry best practices for records management and accounting for new technology; and 2) declare a “trusted system,” allowing City records to be stored electronically instead of in hardcopy in specified circumstances. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required 2022/10/04 City Council Post Agenda Page 45 of 78 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Approving a Records and Information Management (RIM) Program The City Council adopted the City-Wide Records Management program in 1994. Since that time, technology and industry best practices have changed significantly, requiring that the program be brought up to date. The purpose of a records management program is to establish policies and procedures to control the orderly creation, utilization, maintenance, retention, preservation, and disposition of City Records, consistent with State law, including the California Public Records Act (Gov Code 6250 et seq.) and with City business practices. The revised program, provided in full as Attachment 1, includes the following: - Renaming the program the “Records and Information Management” program - Regulations pertaining to the storage of records - Updated policies regarding electronic communication - Provisions to, even when retained electronically, prevent the destruction of the original paper version of some of the City’s most vital and historical records, such as City Council resolutions, meeting minutes, and ordinances Staff recommends revising Council Policy 112-01 by adopting Resolution A, to bring the City’s records management program up to date. Designating a Trusted System The California Public Records Act defines records as “any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” While many records today are received in electronic format, the City has many records in paper format. State laws and regulations have been enacted to allow government agencies to convert paper records to electronic formats. Storing records electronically is a cost-saving measure, reducing the need for onsite and offsite storage and management of voluminous paper records, and also allows the City to provide easier and quicker access to records. In order to retain records electronically and dispose of the paper version, the legislative body of an agency must declare a “trusted system.” Under California law (Government Code section 12168.7), “a ‘trusted system’ means a combination of technologies, policies, and procedures for which there is no plausible scenario in which a public record retrieved from or reproduced by the system could differ substantially from the public record that is originally stored.” Additionally, the Secretary of State has adopted Trustworthy Electronic Document or Record Preservation regulations (Chapter 15, Division 7, Title 2 of the California Code of Regulations), which govern the recording, 2022/10/04 City Council Post Agenda Page 46 of 78 P a g e | 3 storing, and reproducing of records in electronic media where the intent is to destroy the original hardcopy and maintain the electronic copy as the official Record. The City Clerk’s Office has worked with City departments and the City’s records consulta nt to ensure the City's enterprise content management system, Laserfiche, and the records stored within the system, are kept in accordance with the State's Trusted System requirements and the Trustworthy Electronic Document and/or Record Preservation regulations. On March 18, 2018, the City Council adopted Resolution 2018-043, creating a Records Retention Schedule which established requirements for retaining City Records and for disposing of Records when they are no longer needed for administrative, fiscal, historical, or legal purposes. The City uses Laserfiche to electronically store Records for departments in PDF and/or TIFF format. Laserfiche has audit capabilities to track records as they are added, deleted, and viewed in the system. Folder- level permissions and restrictions for security have been established in Laserfiche to ensure only appropriate personnel have access to records. Records Management Procedures, included as Attachments 2 and 3, have been developed for the implementation of the Retention Schedule and to provide for the routine searching, scanning, uploading, saving, importing, and disposing of Records in Laserfiche during the normal course of business. Collectively, the City's comprehensive Retention Schedule, the Records Management Procedures, and the Laserfiche technology constitute a Trusted System in accordance with state law. Staff recommends adopting Resolution B to declare Laserfiche a “trusted system” for the management of City records and the automation of retention requirements, allowing staff to convert paper records for storage electronically. The process of converting existing paper records to an electronic format will be an ongoing process, conducted as resources are available for scanning. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact. 2022/10/04 City Council Post Agenda Page 47 of 78 P a g e | 4 ONGOING FISCAL IMPACT Currently the City spends $45,000 annually for off-site records storage. As funding becomes available and documents are scanned and stored electronically to the trusted system, the cost the City bears for off-site storage fees would continue to decrease. Funding requests for document scanning will be made through the established budget processes. ATTACHMENTS 1. Proposed Council Policy – Records and Information Management Program 2. RIM Procedure for Saving Official Records to Laserfiche 3. RIM Procedure for Deletion of Obsolete Records from Laserfiche Staff Contact: Tyshar Turner, Assistant City Clerk/Records Manager Kerry Bigelow, City Clerk 2022/10/04 City Council Post Agenda Page 48 of 78 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 112-01 (THE CITYWIDE RECORDS MANAGEMENT PROGRAM) AND REPEALING RESOLUTION NO. 17577 IN ITS ENTIRETY WHEREAS, Council Policy No. 112-01, City-wide Records Management Program, was adopted by Resolution No. 17577 on August 2, 1994; and WHEREAS, the Council Policy and Program previously adopted are now outdated; and WHEREAS, the purpose of the Council Policy is to establish policies and procedures under a Records and Information Management Program to control the orderly creation, utilization, maintenance, retention, preservation, and disposition of City records, consistent with State law including California Government Code 6250 et seq. “Public Records Act”; and WHEREAS, the City desires to change the name of the City-wide Records Management Program to the Records and Information Management (RIM) Program, to conform with the industry standard; and WHEREAS, the City desires to repeal Resolution No. 17577 in its entirety to ensure that a responsible, up-to-date program of records and information management is practiced and documented from creation to disposition in accordance with the law and in the best interest of the City and the general public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby repeal Resolution No. 17577 in its entirety and amend City Council Policy 112- 01 (City-Wide Records Management Program) as set forth in Exhibit 1 to this resolution, attached hereto and incorporated herein by this reference. Presented by Approved as to form by Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2022/10/04 City Council Post Agenda Page 49 of 78 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A TRUSTED SYSTEM FOR THE MANAGEMENT OF RECORDS AND THE AUTOMATION OF RETENTION REQUIREMENTS WHEREAS, on March 13, 2018, the City Council adopted Resolution No. 2018-043, creating a Records Retention Schedule which established procedures for retaining City Records, and for disposing of City Records (Records) when they are no longer needed for administrative, fiscal, historical, or legal purposes; and WHEREAS, section 34090, et seq, of the Government Code of the State of California provides the parameters whereby Records that have served their purpose and are no longer required may be destroyed, including the requirement that certain Records be reproduced on a "Trusted System," as defined in California Government Code Section 12168.7, prior to destruction; and WHEREAS, California Government Code Section 12168.7 provides uniform statewide standards for storing documents in electronic media; and WHEREAS, the Secretary of State has adopted Trustworthy Electronic Document or Record Preservation regulations, located in Chapter 15, Division 7, Title 2 of the California Code of Regulations, which govern the recording, storing, and reproducing of Records in electronic media where the intent is to destroy the original hardcopy and maintain the electronic copy as the official Record; and WHEREAS, the City Clerk has worked to ensure the City's content management system, and Records stored within the system, are kept in accordance with the State's Trusted System requirements and the Trustworthy Electronic Document or Record Preservation regulations; and WHEREAS, the City Council approved amendments to Council Policy 112-01 establishing a Policy instituting the City’s standards for proper management of Records; and WHEREAS, the City uses Laserfiche to electronically store Records in PDF and/or TIFF format; and WHEREAS, folder level permissions and restrictions have been established in Laserfiche to ensure only appropriate personnel have access to certain Records; and WHEREAS, Records and Information Management Procedures, attached hereto as Exhibits 1 and 2, have been developed for the implementation of the Retention Schedule and to provide for the routine scanning, uploading, saving, importing, and disposing of Records in Laserfiche during the normal course of business; and WHEREAS, collectively, the City's comprehensive Records Retention Schedule, Records and Information Management Policy, Records and Information Management 2022/10/04 City Council Post Agenda Page 50 of 78 Procedures, and the Laserfiche technology constitute a Trusted System in accordance with State law; and WHEREAS, in the future, other technologies, in addition to Laserfiche, may be designated separately as a Trusted System. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista, as follows: 1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution. 2. Laserfiche is declared the City’s Records storage repository. 3. Laserfiche is backed up and the backup copy is stored offsite on a routine schedule in a format that cannot be altered. 4. The Records and Information Management Procedures attached hereto as Exhibits 1 and 2 have been implemented and are considered the approved procedures for the management of electronic Records and the City Clerk, with the approval of the City Attorney, is hereby authorized to make periodic procedural updates to Exhibits 1 and 2 as required. 5. The City Council hereby declares the adopted Retention Schedule, Records and Information Management Policy, Records and Information Management Procedures, and Laserfiche technology collectively establish the City of Chula Vista’s Trusted System. 6. This Resolution shall take effect immediately upon its adoption. Presented by Approved as to form by Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2022/10/04 City Council Post Agenda Page 51 of 78 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Records and Information Management (RIM) Program POLICY NUMBER EFFECTIVE DATE PAGE 112-01 10/04/2022 1 OF 7 ADOPTED BY: Resolution No. 17577 DATED: 8/2/1994 AMENDED BY: Resolution No. 2022-XXX (10/4/2022) BACKGROUND A well-maintained Records and Information Management (RIM) program assists the City in remaining compliant with record-keeping regulations, avoiding security risks and potential legal action, and improving workflow and productivity. PURPOSE To establish policies and procedures under a RIM Program to control the orderly creation, utilization, maintenance, retention, preservation, and disposition of City Records, consistent with State law including the California Government Code 6250 et seq “Public Records Act.” This Policy applies to elected officials, Council-appointed board, commission, and committee members, employees, contractors, consultants, and volunteers of the City who are acting on behalf of the City and who have access to, use of, or are involved in the creation, maintenance, or storage of the City’s Records, information, and electronic communication POLICY 1. Ownership 1.1 Records and information created or received in the conduct of the City’s business by staff or elected and appointed officials are the exclusive property of the City. City Records and information are subject to compliance with this Policy, the associated Retention Schedule, and any other City policy or procedure. 2. Authenticity 2.1. The City is committed to creating and maintaining complete, accurate, and trustworthy Records and information that document its business activities. Deliberately creating false or misleading Records or information regarding the City’s activities is strictly prohibited. Records and information should not contain language that is misleading, incomplete, inaccurate, or fraudulent. 3. Classification 3.1. Records and information, both paper and electronic, are to be created, stored, and managed with the appropriate classification that enables efficient and, when appropriate, shared access, appropriate application of retention, and secure protection. 4. Retention/Destruction 4.1. Records and information are to be retained in accordance with the approved Retention Schedule. When Records or information complete their retention period, regardless of their format, they shall be deleted or disposed of in compliance with City procedures. 2022/10/04 City Council Post Agenda Page 52 of 78 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Records and Information Management (RIM) Program POLICY NUMBER EFFECTIVE DATE PAGE 112-01 10/04/2022 2 OF 7 ADOPTED BY: Resolution No. 17577 DATED: 8/2/1994 AMENDED BY: Resolution No. 2022-XXX (10/4/2022) 5. Storage 5.1. Hardcopy Records and information no longer considered active may be transferred to designated storage facilities to fulfill retention requirements. Electronic Records and information no longer considered active may be transferred to approved repositories or moved offline to fulfill retention requirements, but information in any location must be accessible by City employees for business needs and in response to requests by the public. Records and information that are owned by the City should not be transferred to or stored in any unauthorized locations or on personal devices. Work done on a personal device on behalf of the City is the property of the City.1 2 6. Availability 6.1. Records and information must be available for future business, litigation, and investigations as necessary, regardless of storage location. Records that are determined to be “public” are to be made available for the public to obtain in accordance with the California Public Records Act, Government Code §6250- 6276.48. 7. Electronic Communication 7.1. Unless otherwise required by contract or law, including data privacy laws, electronic communication, including emails, email threads, text messaging, instant messaging, social media, and any other form of electronic communication that may be used to conduct City business, are subject to this Policy and other rules of the City, and are the exclusive property of the City. Email messaging is required to be conducted using City systems. Emails sent or received for the purpose of City governance or business are considered City property and must be maintained in City systems and in compliance with this Policy and, if they are Records, in compliance with the Retention Schedule. Instant messaging such as text messages are to be limited to brief communications to 1 City of San Jose v. Superior Court (2017): “When a city employee uses a personal account to communicate about the conduct of City business, the writings may be subject to disclosure under the California Public Records Act.” Records on personal accounts and devices may include, but are not limited to, communications via: text message, personal email accounts, and social media accounts. The City does not seek correspondence that is personal in nature but only Records that relate to City business. 2 City’s Electronic Communications Policy No. 909 2022/10/04 City Council Post Agenda Page 53 of 78 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Records and Information Management (RIM) Program POLICY NUMBER EFFECTIVE DATE PAGE 112-01 10/04/2022 3 OF 7 ADOPTED BY: Resolution No. 17577 DATED: 8/2/1994 AMENDED BY: Resolution No. 2022-XXX (10/4/2022) establish contact, identify a location, or confirm appointments. Text messages should not be used to create and communicate directives, conduct City business, or send files.2 Social media is used exclusively for the distribution of City information. Original documents are not to be created within social media, but attached and original communication posted to social media is to be limited to City announcements. Records and/or information that are received or sent as part of an Electronic Communication, including the communication itself are subject to the City’s Electronic Communications Policy No. 909. Electronic Communication systems are intended to be a medium of communication and not repositories for City Records. Although Electronic Communication may seem to be less formal than other written communication, the same definition of Records applies, as do the rules for storage and retention. Electronic Communication that meets the definition of a record is to be stored in an official City repository. 8. Records of Exiting Elected Officials, Council-Appointed Boards, Commissions, and Committees, Employees, Volunteers, and Contractors 8.1. When an elected or appointed official’s term ends, the elected or appointed official is to work with the City Clerk to transfer Records and information to the City Clerk’s Office to comply with the requirements of this Policy and any supporting procedures for retaining and managing the Records and information of the exiting official. When an employee, volunteer, or contractor leaves the City, the exiting individual’s supervisor or manager or the contractor’s City point of contact is responsible for complying with the requirements of this Policy and any supporting procedures for retaining and managing the Records and information of the exiting employee, volunteer, or contractor. 9. Suspending Retention Requirements 9.1. Disaster recovery backup media are exact copies of an operating system, associated application and data created for the sole purpose of protecting and recovering data in the event of a disaster or business disruption and are not subject to the requirements of the Retention Schedule. Backups serve as a level of protection for electronic systems and the data that is stored on those systems to ensure an exact duplicate or copy is available and unalterable for use in the event of a business disruption. 10. Historical and Vital Records Preservation 2022/10/04 City Council Post Agenda Page 54 of 78 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Records and Information Management (RIM) Program POLICY NUMBER EFFECTIVE DATE PAGE 112-01 10/04/2022 4 OF 7 ADOPTED BY: Resolution No. 17577 DATED: 8/2/1994 AMENDED BY: Resolution No. 2022-XXX (10/4/2022) 10.1. Preservation encompasses the activities which prolong the usable life of archival Records. Preservation activities are designed to minimize the physical and chemical deterioration of Records and to prevent the loss of informational content.3 10.2. Records and information designated as “vital” or “historical” are to be protected in a manner that establishes the priority of recovery of the data in a timely manner following a disaster or system disruption. Such Records are those records or information that are needed to recover from a disaster or resume business operations and should be protected in accordance with City procedures and standards. 10.3. Under no circumstances are records specified in Government Code section 34090 authorized to be destroyed, even when digitized, including the minutes, ordinances or resolutions of the City Council or a City board or commission. 11. Administrative Policies and Procedures 11.1 Notwithstanding this policy or any other Council-adopted policies or procedures, the City Clerk, in consultation with the City Attorney, shall have the authority to develop and amend administrative policies and procedures, as necessary, to implement the terms of this policy. This policy with guidelines and procedures is on file in the office of the City Clerk, known as the Records and Information Management Manual. DEFINITIONS Records Records are either defined specifically in applicable statutes, Municipal Code, City business practices, or, in the absence of specific practices, a record is a document or information generated as the final output of a business process or business decision. Convenience Information and Incidental Documents Not all information or data is a record. Some information is collected or created in order to complete a task or to enable the creation of a Record, but the City is not obligated by law to retain it. This type of information is classified as a non-record or Convenience Information or Incidental Documents. Incidental Documents and Convenience Information have no retention requirements. Examples of Incidental Documents and Convenience Information are included in Exhibit A. 3 Government Code § 34090 2022/10/04 City Council Post Agenda Page 55 of 78 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Records and Information Management (RIM) Program POLICY NUMBER EFFECTIVE DATE PAGE 112-01 10/04/2022 5 OF 7 ADOPTED BY: Resolution No. 17577 DATED: 8/2/1994 AMENDED BY: Resolution No. 2022-XXX (10/4/2022) Electronic Communication Electronic Communication is a document created or received via an electronic message system, including any attachments that may be transmitted with the message, along with its descriptive transmission metadata. Electronic Message System Electronic Message System is one or more computer networks, hardware, and software applications used to create, receive, and transmit messages and other documents electronically. Instant Messaging (IM) Instant Messaging (IM) is an electronic system that allows users to determine whether a certain party or parties are connected to the messaging system and allows them to exchange text messages with those parties in real-time. Thread A Thread is an electronic mail conversation of at least one response on a similar subject; the conversation can be broken or continuous in nature. Social Media Social Media is websites and similar applications that enable users to create and share content or to participate in social networking. REFERENCES Retention Schedule 2022/10/04 City Council Post Agenda Page 56 of 78 2022/10/04 City Council Post Agenda Page 57 of 78 EXHIBIT A CONVENIENCE INFORMATION AND INCIDENTAL DOCUMENT EXAMPLES Catalogs, Conference Handouts, and Trade Journals Catalogs, trade journals, bulletins, magazines, manuscripts, brochures, conference/seminar handouts, manuals, external newsletters, and supplier fliers that are external publications. Duplicate/Extra Copies Exact copies of Records and information; duplicates of a document, such as printed publication. Personal Working Files When there is a final document (the “Record”) in place, the drafts of that document and any rough notes are considered Convenience Information. Reference Materials Materials used as review or reference by an employee, but which are not documents of the City’s business activities. Templates Unused or blank templates that have not been filled out or completed. Transitory Correspondence Casual correspondence (including e-mail) used for administrative purposes or internal communications (such as notification of a change in a meeting room or scheduling a working lunch). RETENTION RULE! Convenience Information can be shredded after it is no longer needed -- provided it is not subject to an active legal hold. When in doubt, ask the City Clerk before shredding. 2022/10/04 City Council Post Agenda Page 58 of 78 CITY OF CHULA VISTA Records and Information Management Procedure for Saving Official Records to Laserfiche ____________________________________________________________________________________________________________________ 1 1. Purpose The purpose of this procedure is to describe the steps to scan, import, upload, and save official City Records into Laserfiche, the City’s trusted repository. Documents that have not been finalized, or that otherwise do not meet the criteria for official City Records, are not to be moved into Laserfiche. 2. Scope This procedure applies to elected officials, employees, Council-appointed board, commission, and committee members, contractors, consultants, and volunteers, who are acting on behalf of the City and have access to, use of, or are involved in the creation, maintenance or storage of the City’s Records, information, and electronic communication and who file official City Records into Laserfiche. 3. Definitions City Records (“Records”) are:  Defined specifically in applicable statutes, Municipal Code, City business practices, or  In the absence of a specific legal definition, the document or information generated as the final output of a City business process or business decision, and  In any format, either physical or electronic, structured or unstructured 4. Procedure Identify the following information before beginning:  The repository or department file plan to receive the Records  The appropriate record category  The required metadata, as well as any optional metadata, for the record category you will be using If you are unsure about the repository or file plan, the record category, or what metadata is required, contact the City Clerk’s office for assistance before beginning. 4.1. Scanning paper Records into Laserfiche: i) Prepare documents (i.e., remove paperclips, make sure pages are facing all the same way, etc.). ii) Follow departmental procedures for accessing Laserfiche and using the scan functions. Attachment 2 2022/10/04 City Council Post Agenda Page 59 of 78 CITY OF CHULA VISTA Records and Information Management Procedure for Saving Official Records to Laserfiche ____________________________________________________________________________________________________________________ 2 iii) Scan one type of document at a time (e.g., all Resolutions, all Ordinances, all Minutes, etc.). iv) If scanning in multiple Records of the same type at the same time, they will need to be split apart; follow Laserfiche scanning procedures to separate them. v) Before moving to the next step perform quality checks to be certain all pages have scanned correctly; rescan any Records that do not meet quality assurance criteria; ensure both sides of two-sided documents are scanned. vi) Select the appropriate template for the record category from the dropdown list in the Document Properties pane; the metadata fields for that record category will appear on the right of the screen in the Document Properties pane. vii) Enter values for ALL required metadata fields; enter values in optional fields if you can. viii) Once all metadata required values have been entered, right-click the document in the Revision pane and click Store or click Store at the bottom of the Document Properties pane. The document will be moved to its respective folder in the repository. 4.2. Uploading and saving electronic Records into Laserfiche: i) From within the application (e.g., Word, Excel, etc.) select the Print option. ii) For the printer, select “Laserfiche Snapshot.” iii) Select the appropriate repository and log in. iv) Select the appropriate template for the record category from the dropdown list in the Document Properties pane; the metadata fields for that record category will appear on the right of the screen in the Document Properties pane. v) Enter values for ALL required metadata fields; enter values in optional fields if you can. vi) Once all metadata required values have been entered, click Store at the bottom of the Document Properties pane. The document will be moved to its respective folder in the repository. 4.3. Importing Records into Laserfiche: i) You must be logged into the Laserfiche repository and file plan into which you want to import the record. ii) From Laserfiche, click the “Import” icon on top ribbon of screen. iii) The “Import File” screen will appear. Choose file location of the record to import, highlight the document and click the “Import” button. iv) “Import to Laserfiche” screen will appear. Click the “Fields” tab where you will see a dropdown menu of templates. 2022/10/04 City Council Post Agenda Page 60 of 78 CITY OF CHULA VISTA Records and Information Management Procedure for Saving Official Records to Laserfiche ____________________________________________________________________________________________________________________ 3 v) Choose the appropriate template, then click “ok.” The metadata fields for that template will appear. vi) Enter values for ALL required metadata fields; enter values in optional fields if you can. vii) Click “ok.” The document will then be sent to its assigned folder. 2022/10/04 City Council Post Agenda Page 61 of 78 CITY OF CHULA VISTA Records and Information Management Procedure for Deletion of Records from Laserfiche ____________________________________________________________________________________________________________________ 1 | P a g e 1. Purpose The City of Chula Vista’s Records stored in the Laserfiche repository are to be retained for the length of time defined in the City’s Retention Schedule. The Retention Schedule identifies the categories of Records of the City and how long each category shall be retained, consistent with Resolution No. _____________. Records are to be filed in their designated folders in Laserfiche for each department to allow for the automated calculation of retention periods. Records may not be deleted from Laserfiche or destroyed until they have passed their retention period. This procedure defines the steps to be completed in destroying “official” electronic City Records that are stored in the Laserfiche repository once their retention period has passed. Records that reside outside of the Laserfiche repository are not addressed in this procedure. 2. Scope This procedure applies to elected officials, employees, Council-appointed board, commission, and committee members, contractors, consultants, and volunteers, who are acting on behalf of the City and have access to, use of, or are involved in the creation, maintenance or storage of the City’s Records, information, and electronic communication and those who are authorized to delete Records from Laserfiche. 3. Definitions City Records (“Records”):  Defined specifically in applicable statutes, Municipal Code, City business practices, or  In the absence of a specific legal definition, the document or information generated as the final output of a City business process or business decision, and  In any format, either physical or electronic, structured, or unstructured Legal Hold:  A directive sent from the City Attorney instructing staff to preserve any Records or information relevant to current or anticipated litigation or governmental investigation or other such matters giving rise to a legal obligation to preserve documents and information. Once a Legal Hold has been sent, retention requirements for Records subject to a Legal Hold are suspended until further notification from the City Attorney. Records Notification:  An electronic or paper notification generated by the City Clerk and provided to relevant departments that includes information regarding potentially obsolete Records and includes Record categories that shall not be deleted due to their relevance in a legal action, the list of Records eligible for deletion according to the City’s Retention Schedule, the date upon which the obsolete Records are scheduled for deletion, and the deadline for a department to contact the City Clerk to prevent the deletion of listed Records. Attachment 3 2022/10/04 City Council Post Agenda Page 62 of 78 CITY OF CHULA VISTA Records and Information Management Procedure for Deletion of Records from Laserfiche ____________________________________________________________________________________________________________________ 2 | P a g e 4. Procedure Annually, the City Clerk will initiate the process to delete electronic official Records that have met retention requirements from Laserfiche. a) The City Clerk contacts the City Attorney requesting information regarding any active or potential legal action(s) against the City to determine which category(s) of Records may be relevant to the action and therefore should be preserved and placed on Legal Hold. b) City Clerk searches, or causes a search to be conducted, for the relevant Records, suspends their destruction date and annotates the Records to indicate that they are on Legal Hold. c) City Clerk prepares a Records Notification containing a list of Records eligible for deletion based on the Retention Schedule requirements. The notification specifies the date on which deletion of these Records is scheduled to occur. d) City Clerk sends the Records Notification to departments regarding the required deletio n of obsolete electronic Records in Laserfiche. Included in the notification is a link to the Retention Schedule and who to contact with questions. The Records Notification is to include the following:  Record categories that shall not be deleted due to their relevance in a legal action.  The list of Records eligible for deletion according to the City’s Retention Schedule.  The date on which the obsolete Records will be deleted.  The deadline for a department to contact the City Clerk to prevent the deletion of the obsolete Records. e) Departments shall notify the City Clerk’s Office by the deadline on the Records Notification if any of the Records eligible to be deleted should be exempted from deletion and shall provide a written justification for that exemption. In addition, departments shall notify the City Clerk if any of the documents on the list should be considered for continued retention due to ongoing historical value. f) The City Clerk sends the final list of Records eligible for deletion to the City Attorney and the Finance Director to confirm there is no legal reason for continuing to retain these Records. g) The City Attorney and the Finance Director review and approve the deletion of the eligible Records and send their approval to the City Clerk. h) On the designated date, or as soon as practicable thereafter, the City Clerk will delete the Records that have passed their retention period and have not been held for any legal or business reason. City Clerk maintains the documentation of compliance with this in accordance with the Retention Schedule. 2022/10/04 City Council Post Agenda Page 63 of 78 v . 0 03 P a g e | 1 October 4, 2022 ITEM TITLE Agreement and Appropriation: Approve a Memorandum of Understanding with Chula Vista Elementary School District for a School Resource Officer Program and Appropriate Funds for that Purpose Report Number: 22-0270 Location: No specific geographic location Department: 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 a Memorandum of Understanding with Chula Vista Elementary School District for a School Resource Officer Program, appropriating $156,548 to the Police Department General Fund, and adding one Peace Officer to the authorized staffing level of the Police Department. (4/5 Vote Required) SUMMARY The Police Department has worked in partnership with school districts for many years to ensure the safety, welfare and best possible educational opportunities of students and staff on school campuses in Chula Vista. Adoption of this resolution will approve a Memorandum of Understanding with Chula Vista Elementary School District in FY 2022/2023 for the School Resource Officer Program, appropriate $156,548 to the Police Department General Fund, and add one Peace Officer to the authorized staffing level of the Police Department. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. 2022/10/04 City Council Post Agenda Page 64 of 78 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION For decades, Chula Vista Police Department (CVPD) has partnered with the Sweetwater Union High School District (SUHSD) and Chula Vista Elementary School District (CVESD) to ensure the safety, welfare and best possible educational opportunities of students and staff on school campuses in Chula Vista. Campus security is increased by the presence of police officers who proactively and positively interact with students. Police officer presence on campus improves relations between the Police Department and the youth of the community. It is the goal of the Police Department’s School Resource Officer (SRO) program to enhance the safety, security and success of the District’s scholastic institutions by maintaining close, consistent and productive relationships with students, their families, and staff. This program was designed to help students to obtain an equal opportunity to achieve academic, social and community success in a safe environment. On-campus, School Resource Officers focus on maintaining a positive partnership with students and staff, providing early intervention services to youth and overall improved community relations through partnership, prevention, intervention, education and progressive enforcement strategies. During FY 2021/2022, the entire SRO program consisted of one Police Sergeant, one Police Agent, ten (10) Police Officers, and one Secretary. The SRO program has long provided services to 62 public schools (11 high schools, 7 middle schools, 49 elementary schools, and 8 alternative and adult schools associated with the districts) in the City of Chula Vista and served a student population of more than 70,000 students. Since 2010, a portion of the costs for the SRO program has been shared between the City of Chula Vista, the CVESD, and the SUHSD. The CVESD originally provided funding for slightly less than the cost of one-half (0.5) Police Agent and three (3.0) Police Officers. These three and one-half sworn personnel provided services to more than 49 sites and scholastic institutions and more than 22,453 students within the CVESD. For the FY 2022/2023 year, CVESD approved an increase in funding to support adding one (1.0) Police Officer to provide services to the district, which results in the addition of one Peace Officer to the authorized staffing of the Police Department. Accordingly, on August 10, 2022, the CVESD School Board approved the amended Memorandum of Understanding (MOU) for the SRO program during the 2022/2023 school year that included costs for four and one-half sworn personnel. The cost to CVESD totaled $715,326 in 2022/2023. The MOU covers a one-year period of July 1, 2022 to June 30, 2023, and may be extended for two (2) additional one-year periods upon written approval of both parties. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 2022/10/04 City Council Post Agenda Page 65 of 78 P a g e | 3 Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The FY22/23 reimbursement from Chula Vista Elementary School District covers the personnel costs of 0.5 FTE Police Agent and four Police Officers in the SRO program. The personnel costs of 0.5 FTE Police Agent and three Police Officers are already included in the Police Department’s baseline budget. The addition of a fourth Police Officer requires an additional appropriation of $156,548 to accept this Memorandum of Understanding, and to bring total SRO program staffing to one Police Sergeant, one Police Agent, eleven (11) Police Officers, and one Secretary. The additional appropriation of $156,548 to the Police Department General Fund is completely reimbursed by the Chula Vista Elementary School District. The table below outlines the addition of the 4th SRO, resulting in $715,326 reimbursement from CVESD. POSITIONS FY 22/23 FY 22/23 FY 22/23 Baseline Budget Appropriation Amended Budget 0.5 FTE SRO Agent $89,134 $0 $89,134 3 SROs $469,644 $0 $469,644 1 SRO $0 $156,548 $156,548 TOTAL SRO COST $558,778 $156,548 $715,326 Adoption of this resolution accepts the Memorandum of Understanding with Chula Vista Elementary School District for the School Resource Officer Program, appropriates $156,548 to the personnel category of the Police Department General Fund, and adds one Peace Officer to the authorized staffing level of the Pol ice Department. The cost of this new officer is fully funded by CVESD, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT The Police Department will continue providing updated personnel costs of the SRO program when drafting subsequent MOUs, and will seek Council approval of those MOUs. ATTACHMENTS Attachment 1: Memorandum of Understanding with Chula Vista Elementary School District for School Resource Officer Program Staff Contact: Captain Phil Collum, Police Department 2022/10/04 City Council Post Agenda Page 66 of 78 MEMORANDUM OF UNDERSTANDING BETWEEN CHULA VISTA ELEMENTARY SCHOOL DISTRICT AND CITY OF CHULA VISTA FOR SCHOOL RESOURCE OFFICER PROGRAM MISSION STATEMENT: It is the mission of the Chula Vista Elementary School District (District) in concert with the City of Chula Vista (City) acting through its Police Department to provide a safe, secure, orderly and effective teaching and learning environment for all students and staff within the District and the City. Ensuring the safety, welfare, and the best possible educational opportunities is a priority for the District and the City. On-campus, School Resource Officers (SRO) will focus on maintaining a positive partnership with students and staff, providing early intervention services to elementary school youth and overall improved community relations through partnership, prevention, intervention, education and progressive enforcement strategies. The City and the District will also focus on developing and strengthening cooperative partnerships with educational institutions, public safety resources, and community-based support organizations to provide for early intervention and holistic, wrap-around social support services to reduce or prevent future challenges and to enhance effective learning for students. The goal of the School Resource Officer program is to enhance the safety, security and success of the District’s scholastic institutions by maintaining close, consistent and productive relationships with students, their families, and District staff. As a result, the District and the City agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. DISTRICT'S ROLE AND RESPONSIBILITY: 1. Ensure student welfare portal to portal; 2. Develop procedures to handle campus safety issues; 3. Develop emergency response procedures; 4. Develop Comprehensive School Safety Plans; 5. Comply with all student confidentiality requirements, including the Family Educational Rights and Privacy Act and related California law. 6. Establish and follow procedures for referring School Resource Officer involvement; 7. Cooperate with and support in a proactive manner the School Resource Officers' efforts to work with students, school personnel, parents, and the community; 8. Conduct an annual Hanover Survey to District stakeholders to inquire about SRO experiences, comments, and/or concerns. B. CITY’S ROLE AND RESPONSIBILITY: 2022/10/04 City Council Post Agenda Page 67 of 78 MOU between City of CV/CVESD effective July 1, 2022 2 1. Work with each site principal, staff and community members to help continue safe, drug-free, and productive educational experiences for students of the District. 2. When available, respond to police calls for service and requests for assistance from students and staff as they occur during regular school hours. 3. Create and maintain channels of productive communication with students and families. 4. Collaborate and plan service and support with school site principal. 5. Work with community agencies to enhance school and student success through proactive intervention services, alternatives to detention, wrap-around services and other programs to reduce illegal conduct, enhance rehabilitation, and reduce the involvement of criminal justice systems. 6. Work with school staff and District personnel in matters of mutual concern such as prevention and intervention in the areas of alcohol and drug use on campus, tobacco and vaping education and prevention, marijuana and cannabis education and prevention, initiatives to enhance the safety of students and staff on campus, anti-bullying campaigns, reduction and prevention of violence and crime, reduction of campus intrusion, cyber safety for youth, and loss and/or damage to property and to provide a data bank of efforts made throughout the year for comparison to previous years and for future growth. 7. Work with parent/teacher groups as needed throughout the District. 8. Officers assigned to the District shall be provided specialized training for School Resource Officers in accordance with standards set by the California Commission on Peace Officer Standards and Training and in accordance with the policies and practices of the City’s Police Department. Although specific training topics may vary, School Resource Officers should be provided with specialized knowledge in a variety of topics unique to their assignment such as de-escalation strategies and techniques, education and awareness of implicit bias, capacity to expand 21-st century policing and cross-cultural competencies, strategies to prevent bias against black, indigenous, and other people of color (BIPOC), communication strategies to enhance the SRO’s abilities to foster positive relations with youth, an understanding of contemporary challenges faced by youth, methods and resources to assist youth in fulfilling their on-campus and off-campus needs, strategies to work collaboratively with teachers and school administrative staff, and capabilities to enhance a network of local resources to assist students with unmet needs. 9. Evaluate and investigate both internal and external security concerns or threats of violence to students, staff, and campuses. 10. Schedule security education and enhancement activities as needed. 11. When available, attend parent conferences/meetings to foster positive relationships and to ensure the safety of students, their families, and District staff. 12. Assist Student Attendance Review Board (S.A.R.B.) meetings by providing Law Enforcement intervention or action in collaboration with the District. 13. Focus and intervene with students in at-risk situations, in the best interests of the students, their families, and the school. 2022/10/04 City Council Post Agenda Page 68 of 78 MOU between City of CV/CVESD effective July 1, 2022 3 14. Comply with all student confidentiality requirements, including the Family Educational Rights and Privacy Act and related California law. 15. When available, attend various sporting events and school activities as needed to provide for a preventative presence, student and staff interactions, and enforcement as appropriate. 16. Document all incidents of crime as per department regulations. 17. Discourage illegal acts on or against school campuses and their staff and students by providing high visibility of uniformed police officer presence on the campuses of the District. 18. Treat all individuals with fairness, respect and dignity in equally enforcing the laws and providing equal service to the public, regardless of immigration status, race, ethnicity, gender, LGBTQ+ identification, religious beliefs or any other protected class. 19. Not enforce immigration laws. 20. Not gather, share or distribute any information related to any student’s (or student’s family members) immigration status for the purposes of immigration enforcement. 21. Collaborate with the District and coordinate with the City’s Homeless Outreach Team, by offering social services options to homeless student population to address chronic absenteeism. 22. Upon request, present an annual report at a Board of Education meeting that highlights the SRO program (including intervention/service call data and cost analysis of contracts). 23. Collaborate with the District to explore potential data collection capabilities to analyze and, upon request, present an annual report at a Board of Education Meeting that highlights SRO calls, activities, referrals and responses. C. PERFORMANCE: Either party may request an informal meeting to discuss any concern regarding compliance with the Roles and Responsibilities listed above. Parties agree to conduct such meeting no later than 10 work days after the request. D. TIME FRAME: This Memorandum of Understanding shall become effective July 1, 2022 for an initial 12-month period ending June 30, 2023. This Memorandum of Understanding may be extended for two (2) additional one-year periods upon written approval of both parties. Either party shall have the right to cancel this Memorandum of Understanding upon 90 days advance written notice during the term of this agreement. E. SPAN OF CONTROL/JURISDICTION: Prevention/education/training/proactive activities will take place at all schools in the District located within the City limits of Chula Vista. The School Resource Officers 2022/10/04 City Council Post Agenda Page 69 of 78 MOU between City of CV/CVESD effective July 1, 2022 4 shall remain employees of the City, under the direction and control of Police Department’s leadership, and shall adhere to the mission, values, policies and practices of the City and its Police Department. Requests for work assignments will be developed by District Human Resources and individual school sites and will be issued to the SRO Sergeant of the Chula Vista Police Department, who will thereafter direct the School Resource Officers to respond appropriately to the requests. School Resource Officers will be jointly selected by District and City staff. F. RESOURCE: Resource and local management will be coordinated at: Chula Vista Elementary School District Attn: Francisco Escobedo, Ed.D. 84 East "J" Street Chula Vista, CA 91910 (619) 425-9600 City of Chula Vista Police Department Attn: Chief Roxana Kennedy 315 Fourth Avenue Chula Vista, CA 91910 (619) 691-5150 G. COST: In order to maintain the School Resource Officer Program, the District has agreed to pay for services of four Police Officers and 50% of the services of one Police Agent who are assigned to the School Resource Officer program. The City will fund the Police Sergeant who supervises the program. The cost to the District will be $715,326 in 2022-2023 (as outlined in Exhibit A). This Memorandum of Understanding shall be effective July 1, 2022. Upon execution of this Memorandum, the District, upon invoicing, will pay to the Finance Director of the City, the agreed amount in quarterly installments. If the agreement is canceled as herein permitted, the City shall return forthwith to the District the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. H. NO INDEPENDENT BASIS FOR LIABILITY: Nothing herein shall create, by this or other Agreement between the parties, an independent basis for liability of the City to either the District or to a third party for failing to respond, for responding to a call for police services in an alleged dilatory or negligent manner, or for any action or omission by a City employee pursuant to this Agreement. 2022/10/04 City Council Post Agenda Page 70 of 78 MOU between City of CV/CVESD effective July 1, 2022 5 The City's liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. I. AUTHORITY TO EXECUTE: The signatures below warrant that they have the legal authority to enter into this MOU and bind their respective parties to the rights and obligations herein. CHULA VISTA ELEMENTARY CITY OF CHULA VISTA SCHOOL DISTRICT By: ____________________________ By: ____________________________ Dr. Edurado Reyes Roxana Kennedy Superintendent Chief of Police Date: ___________________________ Date:____________________________ Approved as to form: By: _____________________________ Glen R. Googins, City Attorney Date: ___________________________ 2022/10/04 City Council Post Agenda Page 71 of 78 MOU between City of CV/CVESD effective July 1, 2022 6 EXHIBIT A 2022/10/04 City Council Post Agenda Page 72 of 78 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICER PROGRAM AND APPROPRIATING FUNDS FOR THAT PURPOSE WHEREAS, the Police Department has worked in partnership with school districts for many years to ensure the safety, welfare and best possible educational opportunities of students and staff on school campuses in Chula Vista; and WHEREAS, for fiscal year 2022/2023, Chula Vista Elementary School District approved an increase in funding to support to support adding one Peace Officer to provide services to the district, which results in the addition of one Peace Officer to the authorized staffing of the Police Department; and WHEREAS, the cost reimbursed by Chula Vista Elementary School District in fiscal year 2022/2023 is $715,326; and WHEREAS, the Memorandum of Understanding covers a one-year period of July 1, 2022 to June 30, 2023, and may be extended for two additional one-year periods upon written approval of both parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Memorandum of Understanding with Chula Vista Elementary School District for the School Resource Officer Program, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Chief of Police to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it appropriates $156,548 to the personnel category of the Police Department General Fund and adds one Peace Officer to the authorized staffing level of the Police Department. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2022/10/04 City Council Post Agenda Page 73 of 78 2022/10/04 City Council Post Agenda Page 74 of 78 2022/10/04 City Council Post Agenda Page 75 of 78 2022/10/04 City Council Post Agenda Page 76 of 78 2022/10/04 City Council Post Agenda Page 77 of 78 2022/10/04 City Council Post Agenda Page 78 of 78