City of Chula Vista

Regular Meeting of the City Council

Meeting Minutes

Tuesday, July 26, 2022 at 5:00 P.m. - 6:00 P.m.

Council Chambers, 276 Fourth Avenue, Chula Vista, CA

Present:

• Deputy Mayor Cardenas, 
• Councilmember Galvez, 
• Councilmember McCann, 
• Councilmember Padilla, 
• and Mayor Casillas Salas

Also Present:

• City Manager Kachadoorian, 
• City Attorney Googins, 
• City Clerk Bigelow, 
• and 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 Item 10.1, which was heard following Item 4.1.

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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.

City Clerk Bigelow announced that Councilmember Padilla was participating via teleconference and videoconference from the following location: Chula Vista City Hall, Building B, 276 Fourth Avenue Chula Vista, CA 91910; that all votes would be taken by roll call.

City Clerk Bigelow stated that the agenda providing notice of Councilmember Padilla's remote participation was posted in accordance with the Brown Act and that Chula Vista City Hall Council Chambers was open to the public for their participation in the meeting.

2.

ROLL CALL

City Clerk Bigelow called the roll.

3.

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

Councilmember Galvez led the Pledge of Allegiance.

4.

SPECIAL ORDERS OF THE DAY

4.1

Presentation of a Proclamation Commending the San Diego Blood Bank for its Lifesaving Contributions to the City of Chula Vista

Mayor Casillas Salas read the proclamation and Deputy Mayor Cardenas presented it to Doug Morton and Claudine Van Gonka, representing the San Diego Blood Bank. 

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 roll call vote:

  Yes (5)

  Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas

  Result, Carried (5 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

• Consider requests for excused absences as appropriate. No requests were received at that meeting.

5.3

Municipal Code Amendment: Amend the Chula Vista Municipal Code to Add the Unclassified Position Title of Bayfront Development Project Manager

• Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Bayfront Development Project Manager.

  Item 5.3 heading:

  ORDINANCE NO. 3524 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF BAYFRONT DEVELOPMENT PROJECT MANAGER.

  
  

5.4

Agreement: Award a Cooperative Agreement to West Coast Arborist, Inc for Citywide Tree Maintenance Services

• Adopt a resolution awarding a cooperative agreement for tree maintenance services to West Coast Arborist, Inc.

  Item 5.4 heading:

  RESOLUTION NO. 2022-177 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE PURCHASING AGREEMENT FOR TREE CARE AND MAINTENANCE SERVICES BETWEEN THE CITY AND WEST COAST ARBORISTS, INC.

  
  

5.5

Agreement: Approve a Research Use Agreement with the Regents of the University of California Authorizing the Installation of Lighting Technology at SDG&E Park

• Adopt a resolution approving the Research Use Agreement with the Regents of the University of California authorizing the installation of lighting technology at SDG&E Park.

  Item 5.5 heading:

  RESOLUTION NO. 2022-178 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESEARCH USE AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AUTHORIZING THE INSTALLATION OF LIGHTING TECHNOLOGY AT SDG&E PARK

  
  

5.6

Service Agreement: Approve Agreement with Akeso Occupational Healthcare to Provide Medical Services and Access to Care for City Jail Inmates

• Adopt a resolution waiving the competitive bidding requirement and approving a sole-source agreement with Akeso Occupational Healthcare to provide medical services and access to care for City jail inmates.

  Item 5.6 heading:

  RESOLUTION NO. 2022-179 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING A SOLE-SOURCE AGREEMENT WITH AKESO OCCUPATIONAL HEALTHCARE TO PROVIDE MEDICAL SERVICES AND ACCESS TO CARE FOR CITY JAIL INMATES

  
  

6.

PUBLIC COMMENTS

Joseph Raso, Chula Vista resident,  submitted written communications and spoke regarding the creation of a residential tenant and landlord ordinance.

Shaun Chamberlin spoke regarding code violations on a property in Bonita.

7.

ACTION ITEMS

7.1

Employee Appointment: Authorize Temporary Appointment of a CalPERS Retiree Pursuant to Government Code Sections 7522.56 and 21224

Human Resources Director Chase spoke regarding the item.

• Moved by Mayor Casillas Salas
  Seconded by Councilmember McCann

  To adopt Resolution No. 2022-180, heading read, text waived. The motion carried by the following roll call vote:

  Yes (5)

  Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas

  (5 to 0)

  RESOLUTION NO. 2022-180 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE NECESSITY OF TEMPORARILY APPOINTING A CALPERS RETIREE, PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224

  
  

7.2

Charter Update Proposal: Consider Charter Update Proposal from the Charter Review Commission and City Staff for Possible Placement of One or More Measures on the November 2022 Ballot

Robert Ross

Since all five of the level three changes to the charter are important charter changes, all five level three changes should have their own separate charter amendments. If this is not possible, all five level three changes should at least be mentioned in the proposed charter amendment. Leaving out any mention of the “eliminating the requirement for most boards and commissions that members be “qualified electors” proposed charter change from the proposed charter amendment is unfair to Chula Vista voters. People should know what they are voting for. Robert Ross

Tom O'Donnell

I am opposed to amending the charter as currently proposed for two reasons. First, our charter has served us well for over 70 years and does not require clarifying ambiguous terms, adding headings, reformatting, reorganizing, etc. to keep our city running. Transparency of the purpose behind each of the proposed policy changes is paramount to the qualified electors of our city. All the major level 3 proposed disparate changes to our charter should be explicitly spelled out in the ballot question. Not doing so speaks poorly of the ethical character of our city if we proceed. Second, combining major disparate changes to our charter under one ballot question forces me to choose between mail ballot elections for special elections which I favor and requiring the city attorney to be a resident which I am opposed to. Each major change to our charter deserves its own ballot question.

Carolyn Scofield

I support the Charter Review Commission's recommended changes for the Chula Vista City Charter. I especially support the Level 3 Change #1, which would allow Chula Vista residents age 18 and above to serve on most City Boards and Commissions. This change supports Chula Vista's Welcoming City goals by allowing ways for immigrants to fully participate in our city and fosters great connections between newcomers and longtime residents. Thank you.

Becky Thimm

I am writing to support the charter change level 3 item #1 to allow residents age 18 and above to serve on most Chula Vista City Boards and Commissions. This item supports Chula Vista's Welcoming City implementation plan.

City Attorney Googins and Charter Review Commission Chair Scofield gave a presentation on the item. City Attorney Googins, Chair Scofield, and City Clerk Bigelow responded to questions of the Council.

Mayor Casillas Salas recessed the meeting at 6:56 p.m. The Council reconvened at 7:17 p.m., with all members present.

John Moot, Chula Vista resident, spoke regarding the item relative to City Charter sections 503.6 and 504(d).

The following members of the public submitted written communication in opposition to the item/staff's recommendation:

• Robert Ross
• Tom O'Donnell

The following members of the public submitted written communication  in support of staff's recommendation:

• Carolyn Scofield
• Becky Thimm

• Moved by Councilmember McCann
  Seconded by Mayor Casillas Salas

  To include a residency duration requirement of one year to run for office in the City of Chula Vista in the draft proposed Charter revisions. The motion carried by the following roll call vote:

   

  Yes (4)	Mayor Casillas Salas, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas
  No (1)	Councilmember Galvez

  Result, Carried (4 to 1)

  City Attorney Googins stated that the residency duration requirement would be researched further; however, based on previous research, he may recommend the City Council not proceed with the requirement or that it separate the issue from the rest of the proposed Charter revisions

  
  
• Moved by Councilmember McCann
  Seconded by Mayor Casillas Salas

  To include the change from a qualified elector requirement to residency requirement for most boards and commissions in the draft proposed Charter revisions. The motion carried by the following roll call vote:

  Yes (4)	Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, and Deputy Mayor Cardenas
  No (1)	Councilmember McCann

  Result, Carried (4 to 1)
• Moved by Councilmember Padilla
  Seconded by Mayor Casillas Salas

  To strike language regarding suspension of elected officials with felony charges pending in the draft proposed Charter revisions. The motion carried by the following roll call vote:

  Yes (5)

  Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas

  Result, Carried (5 to 0)
• Moved by Mayor Casillas Salas
  Seconded by Councilmember McCann

  To include the City Attorney residency and experience requirements, as written, in the draft proposed Charter revisions. The motion carried by the following roll call vote:

  Yes (5)

  Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas

  Result, Carried (5 to 0)
• Moved by Councilmember Galvez
  Seconded by Mayor Casillas Salas

  To strike the language related to converting the Legislative Council provisions to Conflict Council provisions, in the draft proposed Charter revisions. The motion carried by the following roll call vote:

  Yes (4)	Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, and Deputy Mayor Cardenas
  No (1)	Councilmember McCann

  Result, Carried (4 to 1)
• Moved by Councilmember McCann
  Seconded by Councilmember Galvez

  To include the provisions for a mail-in ballot system for special elections, as written, in the draft proposed Charter revisions. The motion carried by the following roll call vote:

  Yes (3)	Councilmember Galvez, Councilmember Padilla, and Councilmember McCann
  No (2)	Mayor Casillas Salas, and Deputy Mayor Cardenas

  Result, Carried (3 to 2)
• Moved by Councilmember McCann
  Seconded by Councilmember Galvez

  To approve level one and level two changes, as written, in the draft proposed Charter revisions. The motion carried by the following roll call vote:

  Yes (5)

  Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas

  Result, Carried (5 to 0)

8.

CITY MANAGER’S REPORTS

Special Projects Manager Hernandez announced upcoming community meetings regarding privacy and technology.

9.

MAYOR’S REPORTS

Mayor Casillas Salas spoke regarding her attendance at the grand opening of the SR -11.

10.

COUNCILMEMBERS’ COMMENTS

Councilmember McCann thanked Mayor Casillas Salas and Councilmember Padilla for their ongoing commitment to Bayfront efforts.

Deputy Mayor Cardenas thanked staff and commissioners for their efforts related to the Charter update. 

Councilmember Galvez thanked staff and commissioners for their efforts related to the Charter update and introduced her new Council Aide,Tommy Lawton.  Councilmember Galvez also provided an update on the community shuttle program.

10.1

Councilmember Galvez:

Councilmember Galvez spoke regarding the item. 

Flor Hernandez, representing Partnerships for Success, spoke regarding the item.

• Moved by Councilmember Galvez
  Seconded by Deputy Mayor Cardenas

  To submit a letter in support of maintaining public access at International Friendship Park. The motion carried by the following roll call vote:

  Yes (5)

  Mayor Casillas Salas, Councilmember Galvez, Councilmember Padilla, Councilmember McCann, and Deputy Mayor Cardenas

  Result, Carried (5 to 0)

11.

CITY ATTORNEY'S REPORTS

There were none.

12.

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 9:02 p.m. The Council convened in Closed Session at 9:12 p.m., with all members present.

12.1

Public Employee Performance Evaluation Pursuant to Government Code Section 54957

• Title: City Manager

  Action: No Reportable Action

  
  

12.2

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

• Name of Case:  CV Amalgamated LLC vs. City of Chula Vista, Court of Appeal, Case Nos. D078720 & D079322.

  Action: No Reportable Action

  
  

13.

ADJOURNMENT

The meeting was adjourned at 9:47 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk