REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**

Meeting #:

Tuesday, September 27, 2022 at 5:00 P.m. - 6:00 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: [e-mail]. 

 

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 or [phone] (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.

 

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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 Planning Commission:

Jimmy Combs
Bryan Felber 

4.2

Presentation by Marketing and Communications Manager Anne Steinberger and Third Avenue Village Association District Director Dominic LiMandri Regarding the Chula Vista Block Party and other Third Avenue Events

4.3

Presentation of a Proclamation Proclaiming September 2022 as Ovarian Cancer Awareness Month in the City of Chula Vista

5.

CONSENT CALENDAR (Items 5.1 through 5.7)

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:

  To approve the recommended action appearing below consent calendar Items 5.1 through 5.3. The headings below were read, text waived. The motion carried by the following vote:

5.1

Approval of Meeting Minutes

• RECOMMENDED ACTION:

  Approve the minutes dated: January 11, 14, 15, 18, 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

Councilmember McCann from the September 20, 2022 Special City Council meeting.

• RECOMMENDED ACTION:

  Approve an excused absence request from Councilmember McCann for the September 20, 2022, Special City Council meeting.

ITEMS REMOVED FROM THE CONSETNT CALENDAR

5.4

Tobacco Sales: Consider Prohibiting Flavored Tobacco Sales within the City of Chula Vista

Mary Pinto-Badiner

The tobacco industry will not stop marketing and targeting our youth. Banning flavors of tobacco and vape products is one way to prevent kids from using these products. If they had no flavors, most kids would not use them. A UCSD study in the city of Chula Vista showed that more than 40% of students have purchased a flavored vape device at a local market or smoke-shops. Please end the sale of flavors including menthol.

Blanca Roldan

Buenas tardes mi nombre es Blanca Roldán tengo 19 años en la ciudad de Chula Vista, soy líder voluntaria de SBCS, yo estoy apoyando la ley de quitar del mercado los cigarrillos de sabor, porque al tenerlos en venta para que los jóvenes y cualquier persona los consuman es estar participando en varias muertes lentas, están elaborados por varios químicos que dañas a los órganos y lamentablemente están al alcance de las escuelas, se a visto que más jóvenes de sexto grado en adelante ya los consumen, porque el mercado para poder vender más los hacen de diferente forma para llamar la atención y para que los padres no se den cuenta, por eso abogó por una ciudad más sana y con un mejor futuro, de antemano muchas gracias por este espacio y porque mi voz cuente, atentamente una servidora Blanca Roldán.

Robert Johnson

i am a smoker of 15 years vaping has helpped me and so many others quit smoking cigarettes. limiting our choice is not going to stop anyone from getting these product that are legal and all this will do is close local businesses. with you all closing businesses for a flu .. we all know you will do anything and now more then ever we have to watch anything you all try and do.. for one it usually causes more harm then good. i dont not support limiting sales, yet you can buy cannibis and alchol in berry lemonaide .. this is goverment overreach at its worst, limiting our choice as consumers and profiting from the drug sold legally with only you as the dictator.. we are coming for your jobs.. WE THE PEOPLE. TAXATION WITHOUT REPRESENTATION ... THEIFT .. MAYBE RECORD COURT CASES IS WHAT U WANT.

Manuel Andrade

My name is Manuel Andrade and I work for Social Advocates for Youth on tobacco prevention. For the last 4 years, I have supported the American Lung Association and South Bay Community Services providing educational presentations to parents and students at different High Schools in Chula Vista. There is an acute e-cigarette youth epidemic at the Sweetwater Union High School District. The school board supported the SAAFE Act in San Diego for a reason. A recent UCSD study in Chula Vista showed that more than 40% of students have purchased an electronic device with flavored tobacco at local stores and smoke-shops. There is a reason why more than 200 cities and localities in California have implemented a strong Tobacco Retail License and ended the sale of flavored tobacco products, including the County of San Diego, the City of San Diego, Imperia Beach among other 5 cities in the county. The tobacco industry will not stop targeting and marketing flavored tobacco to our kids. This includes the Hookah industry, which it is in denial that youth do not use Hookah. End all flavored tobacco products without exception. Please ensure that the city of Chula Vista is at the same standard as the County and the city of San Diego in order to protect youth from the tobacco industry. Do not wait for SB793 as we do not know what is going to happen. The tobacco industry is investing millions of dollars to stop this bill and we need to get rid of them now! Thank you! Manuel Andrade

salvador Garcia

Debemos apoyar esta propuesta por bien de nustros hijos jovenes.Gracias

Christopher Hudgins

The National Hookah Community Association (NHCA) brings together, and serves as the voice of, hookah producers, distributors, sellers, lounge owners, consumers, and community members who support the preservation of hookah’s cultural traditions. We are writing to thank you for exempting shisha (hookah) from the proposed flavored tobacco ban and recognizing the cultural significance of hookah to minority and immigrant populations as well as the lack of youth access to, and use of, the product. Hookah is an important cultural practice that has existed for centuries, originating in the Middle East and India. Today, a broad cross-section of immigrants in the U.S. from around the world enjoy hookah as a centerpiece for cultural, business, and social gatherings. Hookah lounges across the country have come to serve as safe gathering places for many diverse ethnic and religious communities. Hookah is unlikely to be used or consumed by youth for many reasons. Hookah water pipes are several feet tall, not easily concealed, and the setup for use is a lengthy process. Lounges that offer hookah are restricted to of-age customers, preventing teens from accessing the product. Recent research by the Centers for Disease Control and Prevention (CDC) found that just 0.8% of middle and high school students used hookah in the past 30 days, ten times less than the number of teens or youth who vape. Thank you for protecting minority and immigrant owned businesses and exempting hookah.

Marlon Mansour

On behalf of the Neighborhood Market Association (NMA) Executive Board and our members, we would like to submit our written testimony in opposition to the Flavored Tobacco Ban currently under your consideration. The NMA is a non-profit trade organization that represents over 700 family-owned businesses, including many operating in Chula Vista. In recent years, use of e-cigarettes and vaping products has risen, largely as a less harmful alternative to traditional tobacco products.1 Youth access to these products has become a concern for legislators. In recent years, the California state government as well as the Federal government, through the Food and Drug Administration (FDA), have taken powerful steps to prevent youth access and advertising of these products.2, 3, 4 Issues of youth access is also paramount to our retailers. That is why they take every measure to assure these products never reach the hands of underage youth. I also want to stress that the retailer community, a key stakeholder greatly affected by the ultimate action of the City Council on this proposed ordinance, was not reached out for thoughts or guidance on this proposed ordinance. The Chula Vista business community is not aware that this ban is being proposed in 24 hours. Delay this Vote till the proper stakeholder outreach is done! Passing this ordinance without proper outreach to this key stakeholder group is tantamount to silencing their voices.

Phillip Gardiner, Dr. P.H.

The African American Tobacco Control Leadership Council (AATCLC) strongly encourages the Chula Vista City Council to end the sale of menthol Cigarettes and all flavored tobacco products, with no exemptions. We are glad to see that the Council is considering this issue. Frankly, this couldn’t come at a better time. We already know that 80% of youth, 12-17 start smoking using flavored cigarettes (Ambrose et al., 2015). Indeed, in the midst of the ongoing COVID 19 pandemic, nothing could be more important than getting these products out of our community. We already know that smokers are more susceptible to COVID infection (CDC, 2020). If the Council truly wants a healthier Chula Vista, and we believe that you do, then it is imperative that menthol-flavored cigarettes and other flavored tobacco products be prohibited. This will end the predatory marketing of these products that disproportionately impact poorer communities, marginalized groups, youths, and communities of color. New research shows that between 1980-2018 menthol cigarettes were responsible for: 1.5 million new African American smokers; 157,000 smoking-related premature deaths among African Americans; and 1.5 million life-years lost among African Americans (Mendez & Le, 2021) (the full article and an accompanying editorial are also attached.) Time is of the essence. We can't wait on the State or the FDA. Chula Vista must act now! Thank you for your leadership.

Report Number: 22-0189

Location: No specific geographic location

Department: Development Services

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

• RECOMMENDED ACTION:

  To adopt Ordinance No. 3525, heading read, text waived.  The motion carried by the following vote:

5.5

Conflict of Interest Code: Modify the List of Officials, Candidates, and Designated Employees Who are Required to File Periodic Statements of Economic Interests (Form 700) and Their Disclosure Categories

Report Number: 22-0212

Location: No specific geographic location

Department: City Clerk

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

• RECOMMENDED ACTION:

  Adopt a resolution modifying the appendix to the local Conflict of Interest Code to revise the list of officials, candidates, and designated employees who are required to file Statements of Economic Interests (FPPC Form 700) and their disclosure categories.

5.6

Grant Acceptance and Appropriation: Accept Funds from The San Diego Foundation to Create and Implement an Age-Friendly Business and Business District Toolkit and Designation Program

Report Number: 22-0258

Location: No specific geographic location

Department: Development Services

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

• RECOMMENDED ACTION:

  Adopt a resolution accepting grant funds in the amount of $40,000 from The San Diego Foundation Age-Friendly Communities grant to implement goals in the Age-Friendly Action Plan, authorizing the City Manager or designee to enter into necessary agreements to implement the grant, and appropriating funds for that purpose. (4/5 Vote Required)

5.7

Agreement: Approve a Brush Clearance Services Agreement with Kingsborough Atlas Tree Surgery, Inc.

Report Number: 22-0243

Location: Barons Canyon, Bonita Long Canyon, Church Canyon, Goats Hill, Independence Canyon, and Lynwood Hills (named City canyons)

Department: Public Works

Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4 (Minor Alterations to Land). The Project is also Exempt under a regulatory program of the Fish and Game Commission pursuant to Section15251(b).

• RECOMMENDED ACTION:

  Adopt a resolution approving an agreement for brush clearance services in certain City canyons with Kingsborough Atlas Tree Surgery, Inc. in an amount not-to-exceed $3,169,593.

6.

PUBLIC COMMENTS

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

7.

ACTION ITEMS

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

7.1

City Election: Report by City Clerk Kerry Bigelow Regarding Possible Outcomes of the November 2022 Election and Options to Address Potential Vacancies

Xi Jinping

I heartily approve. We need more foreign and international influence in Chula Vista. Globalism is good. I'm afraid of Dan Smith.

Alan Curry

PLEASE REMOVE MEASURE K FROM BALLOT There has not been enough meetings; many voters are unaware. WHY were the news stations not informed to let the public know about public meetings on this very important changes to our city charter? Based on City Attorney description: Allows Non Citizen Residency Hold Office - So anybody for example Russian citizen can represent the people of Chula Vista? This is wrong ONLY US Citizens that are not allegiant to another country should represent the good people of Chula Vista. REMOVES IN PERSON VOTING Forces Mail Ballot Only for Special Elections - This is wrong disenfranchising voters that prefer to vote in person. How many voters many elderly that have voted in person for decades will not participate in special Elections City Council Rewrite Charter Ignore Vote People. We are talking about the City Charter OUR CHULA VISTA CONSTITUTION. Imagine future amendments added without a vote by the people which ever city council majority of Republican or Democrat controlling and amending charter. https://www.chulavistaca.gov/home/showpublisheddocument/25059/637968552479500000

• RECOMMENDED ACTION:

  Hear the report.

7.2

Parking Management: Approve the Downtown Chula Vista Parking Management Plan Report and Implement Recommendation Numbers 1, 9 and 11 of the Report

Report Number: 22-0215

Location: Downtown Parking District, bounded by E Street to the north, Del Mar Avenue to the east, Garrett Avenue to the west, and H Street to the south

Department: Development Services

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

• RECOMMENDED ACTION:

  Adopt a resolution approving the Downtown Chula Vista Parking Management Plan Report dated August 2022 and implementing Recommendation Numbers 1 (Smart Meters), 9 (Norman Park Senior Center Parking Lot – remove meters, extend to 4 hour parking limit) and 11 (increase Parking District boundary) of the Report.

7.3

Employment Agreement: Extend and Amend City Manager Employment Agreement

Location: No specific geographic location

Department: Human Resources

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

• RECOMMENDED ACTION:

  Adopt a resolution approving the amended City Manager employment agreement.

8.

CITY MANAGER’S REPORTS

9.

MAYOR’S REPORTS

9.1

Ratification of Appointments to the Board of Ethics:

Scott Wm. Davenport 
William Gersten
Jose Torres, Jr.
Alexia Velissaropolos 

• RECOMMENDED ACTION:

  Ratify the appointments. 

10.

COUNCILMEMBERS’ COMMENTS

10.1

Councilmember Padilla:

Vere Ledesma

I believe it’s a great event to support that promotes inclusivity in our community.

Sara galvan

As member of the LGBT community the rainbow ride is a day for all, not just lgbtq members. A great way to show support and for the community to come together as a whole.

Lauren Mata

The City of Chula Vista should sponsor the Rainbow ride to assure the members of the lgbtq+ community that they are welcomed and represented within our city.

Alex Crespo

we want the rainbow ride in our city!!

Alexa Ovenshire

The city of Chula Vista should support the rainbow ride as it’s an amazing way to celebrate Pride month and recognize our LGBTQIA+ community members.

Valerie Belloso

The city of Chula Vista should support the Rainbow Ride and Festival as it offers an opportunity for youth, adults, families and allies a space to celebrate and uplift the LBGTQ community.

Robert Castillo

The City of CV should sponsor the Rainbow Ride- an inclusive event for all. It is the exact message of allyship and support that the LGBT youth in our community needs.

Teresa Beck

As co-chair of DEIB for a large local law firm, a homeowner in the community, an attorney, pres. of a nat'l women’s bar group, and an ally of our LGBTQ community, I support the Rainbow Ride event. Such events create a sense of belonging for all.

Kaylee Looper

The rainbow ride is an amazing way to show pride in our community and should be supported by the City!!

Madison Beck

As a member of the board of Rainbow Spaces, and one of the founders of the Rainbow Ride, I am honored to represent many constituents throughout Chula Vista who support the City's efforts towards inclusivity and the creation of safe spaces and events for people of all sexualities and gender identities. The City of Chula Vista has a legacy of excellency towards its constituents to uphold- sponsoring the Rainbow Ride and making a statement of inclusivity and love is the next step for OUR CITY. Thank you for your time and consideration. Madison Beck

Kathy Mayer

Having served on the PFLAG Board, and the Rainbow Spaces Board, I know that we have a lot of LGBTQ+ members in our community. Having the City support the Rainbow Ride shows a commitment to inclusivity and provides our youth with the confidence and security they need to participate in community events.

Consider City support of the 3rd Annual Southbay Rainbow Ride and Festival to be held at Otay Ranch Town Center, October 8, 2022

• RECOMMENDED ACTION:

11.

CITY ATTORNEY'S REPORTS

12.

ADJOURNMENT

to the regular City Council meeting on October 4, 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
or [phone].

 

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