City of Chula Vista

Regular Meeting of the City Council

Meeting Minutes

Tuesday, September 13, 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.

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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 5:07 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 Galvez led the Pledge of Allegiance and Mayor Casillas Salas called for a moment of silence in honor of Deputy City Attorney Simon Silva.

4.

SPECIAL ORDERS OF THE DAY

4.1

Presentation by Claire Lion and Clovis Honore of GRID Alternatives Regarding a Solar Energy Program for Low-Income Residents

Ms. Lion and Mr. Honore, representing GRID Alternatives, gave a presentation on the item.

5.

CONSENT CALENDAR (Items 5.1 through 5.5)

Mayor Casillas Salas announced that Item 5.4 was withdrawn at the request of staff. 

• Moved by Mayor Casillas Salas
  Seconded by Councilmember McCann

  To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3 and Item 5.5 The headings were read, text waived. The motion carried by the following 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 Requests for Excused Absences

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

5.3

Contract Award and Appropriation: Award a Contract for the “Installation of Lead Pedestrian Interval Signal Operations (TRF0418)” Project to Baker Electric & Renewables and Appropriate Funds for that Purpose

• Adopt a resolution accepting bids, awarding a contract for the “Installation of Lead Pedestrian Interval Traffic Signal Operations (TRF0418)” project to Baker Electric & Renewables, and appropriating $200,000 for that purpose. (4/5 Vote Required)

  Item 5.3 heading:

  RESOLUTION NO. 2022-204 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING A CONTRACT FOR THE “INSTALLATION OF LEAD PEDESTRIAN INTERVAL SIGNAL OPERATIONS (TRF0418)” PROJECT TO BAKER ELECTRIC & RENEWABLES; AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)

  
  

5.5

Purchase Agreement: Approve Agreement with So Cal Penske Dealer Group for Ford Interceptor Utility Hybrid Vehicles

• Adopt a resolution approving an agreement with So Cal Penske Dealer Group to purchase nineteen Ford Interceptor Utility Hybrid vehicles.

  Item 5.5 heading:

  RESOLUTION NO. 2022-205 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AWARDING AGREEMENT WITH SO CAL PENSKE DEALER GROUP FOR FORD INTERCEPTOR UTILITY HYBRID VEHICLES

  
  

ITEM REMOVED FROM CONSENT CALENDAR

5.4

Deed Restrictions: Approve Deed Restrictions on Park Properties as Required as Conditions of Grant Awards

Item 5.4 was withdrawn by staff and was not heard at that meeting.

6.

PUBLIC COMMENTS

Joseph Raso, Chula Vista resident, distributed written communications and spoke regarding a residential landlord tenant ordinance.

Theresa Acerro, Chula Vista resident, submitted written communications regarding Form 700 filings. 

Rita McIntyre, Chula Vista resident, spoke regarding homelessness and Harborside Park.

7.

PUBLIC HEARINGS

7.1

General Plan Update: Approve Amendments to the Housing Element Update of the General Plan for the 2021-2029 Planning Period

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.

Principal Planner Donaghe gave a presentation on the item.

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 Councilmember Galvez

  To adopt Resolution No. 2022-206, heading read, text waived. The motion carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

  RESOLUTION NO. 2022-206 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE HOUSING ELEMENT UPDATE OF THE GENERAL PLAN FOR THE 2021-2029 PLANNING PERIOD

  
  

8.

ACTION ITEMS

8.1

Affordable Housing Policy: Consider Amendments to the Guidelines to the Balanced Communities Policy to Remove Exemptions and Variances from the Policy

Robert Johnson

make it harder for chula vista.. they should government everything.. goverment fixxes nothing.. at this point ur better off not touching this.

Sr. Planner Hernandez gave a presentation on the item. She and Housing Manager Kurz responded to questions of the Council.

Council discussion ensued. 

Roy Mikha spoke in opposition to staff's recommendation. 

Robert Johnson submitted written communications in opposition to staff's recommendation.

• Moved by Mayor Casillas Salas
  Seconded by Deputy Mayor Cardenas

  To adopt Resolution No. 2022-207, heading read, text waived. The motion carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

  RESOLUTION NO. 2022-207 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING GUIDELINES TO THE BALANCED COMMUNITIES (INCLUSIONARY HOUSING) POLICY

  
  

8.2

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

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.

Sr. Planner Hernandez  and Housing Manager Kurz gave a presentation on the item and responded to questions of the Council.

Mayor Casillas Salas recessed the meeting at 6:22 p.m. The Council reconvened at 6:32 p.m., with all members present except Councilmember Padilla who rejoined the meeting at 6:37 p.m.

The following members of the public spoke in support of staff's recommendation:

• Adrian Kwiatkowski, representing San Diego vs. Big Tobacco
• Jim Crittenden, representing San Diego County Office of Education
• Debbie Kelly    
• John Noriega who also spoke on behalf of Yuagheipsy R. Lopez
• Lila Careaga, Sweetwater High School student and student board representative
• Jennifer Carbuccia, representing Sweetwater Union High School District; she also paid tribute to Deputy City Attorney Simon Silva
• Leo Hso, representing Sweetwater High School District 
• Laisha Felix, representing San Diego Pediatricians for Clean Air & Academy of Pediatrics 
• Dani Fincher, Bonita Vista High School student
• Daniela Radash Kevich
• Sebastian Rodriguez 
• Eiffel Sunga
• Liz Murphy
• Lynda Barbour, representing American Cancer Society/Cancer Action Network
• Jim Bartell
• Chelsea Vircks, representing American Heart Association
• Aida Castaneda, representing San Diego vs. Big Tobacco
• Becky Rapp
• Jessica Newmyer, representing the American Heart Association
• Lindsey Freitas, representing Campaign for Tobacco Free Kids
• Riley Steinley
• Dr. Sara Valladolid 

The following members of the public submitted a request to speak in support of staff's recommendation but were not present when called:

• Salvador Garcia
• Manuel Andrade

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

• Blanca Roldan
• Manuel Andrade, representing Social Advocates for Youth
• Salvador Garcia
• Dr. Phillip Gardner, representing African American Tobacco Control Leadership Council

The following members of the public submitted written communications in support of staff's recommendation, but did not wish to speak:

• Cynthia Knapp, representing SAY San Diego
• Josephine Knapp
• Wayne Rusin
• Raul Tellez

The following members of the public spoke in opposition to staff's recommendation:

• Roy Mikha
• Hayley Hodges, National Association of Tobacco Outlets 
• Randy Sadiq
• Ramon Mansour also spoke on behalf of Sam Hanna
• Tiana Estrada
• Amar Nadem
• Louis Giovanni
• Arkan Somo, representing Neighborhood Market Association, who also spoke on behalf of Miranda Diego representing the 420 Smoke Shop
• Gisel Brambila
• Joseph Saad

Christopher Hudgins, representing National Hookah Community Association, submitted written communications expressing a neutral position on staff's recommendation. 

Mayor Casillas Salas announced that she had received a text in opposition to staff's recommendation. 

Mayor Casillas Salas recessed the meeting at 7:45 p.m. The Council reconvened at 7:55 p.m., with all members present

Council discussion ensued.

• Moved by Mayor Casillas Salas
  Seconded by Councilmember Padilla

  To place the below ordinance on first reading, heading read, text waived. The motion was carried by the following vote:

  Yes (5)

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

  Result, Carried (5 to 0)

  Item 8.2 heading:

  ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 5.56 (TOBACCO RETAILER) TO PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS (FIRST READING)

  Councilmember Galvez moved to add a proposal that Chula Vista limit sales of vaping products to a maximum of 2% nicotine. The motion failed for lack of a second.

  
  

9.

CITY MANAGER’S REPORTS

City Manager Kachadoorian gave an update on Harborside Park and thanked staff for their efforts in cleaning the park. 

10.

MAYOR’S REPORTS

Mayor Casillas Salas spoke about her attendance at a meeting regarding the SDSU Cinematic Arts Center coming to the City.

Mayor Casillas Salas paid tribute to Deputy City Attorney Simon Silva.

11.

COUNCILMEMBERS’ COMMENTS

Councilmembers Galvez, Cardenas, Padilla and McCann paid tribute to Deputy City Attorney Simon Silva.

12.

CITY ATTORNEY'S REPORTS

City Attorney Googins paid tribute to Deputy City Attorney Simon Silva. 

13.

CLOSED SESSION

13.1

Conference with Legal Counsel Regarding Initiation of Litigation Pursuant to Government Code Section 54956.9(c):

• One Case

  Item 13.1 was not discussed.

  
  

14.

ADJOURNMENT

Mayor Casillas Salas adjourned the meeting in memory of Deputy City Attorney Simon Silva.

The meeting was adjourned at 9:15 p.m.

Minutes prepared by: Tyshar Turner, Assistant City Clerk