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Home My WebLink Aboutcc min 2022/09/27 DocuSign Envelope ID:9316BD9B-3E11-4F37-AD1B-A82C23475584 City of Chula Vista Regular Meeting of the City Council Meeting Minutes September 27, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember 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. 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. 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. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office for Planning Commission: • Jimmy Combs • Bryan Felber City Clerk Bigelow administered the oaths of office and Councilmembers Padilla and McCann presented certificates to Commissioners Combs and 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 Page 1 DocuSign Envelope ID:9316BD9B-3E11-4F37-AD1B-A82C23475584 2022/09/27 Minutes - City Council - Regular Meeting Marketing and Communications Manager Steinberger and Third Avenue Village Association District Director LiMandri gave a presentation on the item. 4.3 Presentation of a Proclamation Proclaiming September 2022 as Ovarian Cancer Awareness Month in the City of Chula Vista Mayor Casillas Salas read the proclamation, and Councilmember Cardenas presented it to Hilary Theakston, representing The Clearity Foundation. 5. CONSENT CALENDAR (Items 5.1 through 5.7) Items 5.4 through 5.7 were removed from the consent calendar by a member of the public. Moved by Mayor Casillas Salas Seconded by Councilmember McCann 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: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) 5.1 Approval of Meeting Minutes Approve the minutes dated: January 11, 14, 15, 18, 2022. 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 Requests for Excused Absences Approve an excused absence request from Councilmember McCann for the September 20, 2022, Special City Council meeting. ITEMS REMOVED FROM THE CONSENT CALENDAR 5.4 Tobacco Sales: Consider Prohibiting Flavored Tobacco Sales within the City of Chula Vista Alan C. spoke in opposition to staff's recommendation. Adrian Kwiatkowski, representing San Diegans vs. Big Tobacco, spoke in support of staffs recommendation. The following members of the public submitted written communications in support of staffs recommendation: • Mary Pinto Badinar • Blanca Roldan • Manuel Andrade • Salvador Garcia Page 2 DocuSign Envelope ID:9316BD9B-3E11-4F37-AD1B-A82C23475584 2022/09/27 Minutes - City Council - Regular Meeting • Dr. Phillip Gardiner representing the African Tobacco Control Leadership Council The following members of the public submitted written communications in opposition to staffs recommendation: • Robert Johnson • Marlon Mansour Christopher Hudgins submitted written communications expressing a neutral position on staffs recommendation. Moved by Councilmember Padilla Seconded by Mayor Casillas Salas To adopt Ordinance No. 3525, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Item 5.4 heading: ORDINANCE NO. 3525 OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 5.56 (TOBACCO RETAILER) TO PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS (SECOND READING AND ADOPTION) 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 Alan C. spoke regarding the item. Moved by Councilmember Padilla Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-208, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Item 5.5 heading: RESOLUTION NO. 2022-208 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AMEND THE LIST OF OFFICIALS, CANDIDATES, AND DESIGNATED EMPLOYEES WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS AND THE DISCLOSURE CATEGORIES FOR SAID FILERS Page 3 DocuSign Envelope ID:9316BD9B-3E11-4F37-AD1B-A82C23475584 2022/09/27 Minutes - City Council - Regular Meeting 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 Alan C. spoke regarding the item. Moved by Councilmember Padilla Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-209, heading read, text waived. The motion carried by the following roll call vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Item 5.6 Heading RESOLUTION NO. 2022-209 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE SAN DIEGO FOUNDATION AGE-FRIENDLY COMMUNITIES GRANT TO CREATE AND IMPLEMENT AN AGE-FRIENDLY BUSINESS DESIGNATION AND BUSINESS DISTRICT AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.7 Agreement: Approve a Brush Clearance Services Agreement with Kingsborough Atlas Tree Surgery, Inc. Alan C. spoke regarding the item. Moved by Councilmember Padilla Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-210, heading read, text waived. The motion carried by the following roll call vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Item 5.7 heading: RESOLUTION NO. 2022-210 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND APPROVING AN AGREEMENT FOR BRUSH CLEARANCE SERVICES BETWEEN THE CITY AND KINGSBOROUGH ATLAS TREE SURGERY, INC. 6. PUBLIC COMMENTS Brandon Claypool, Chula Vista resident, expressed concern regarding issues related to homelessness. Alan C. spoke regarding traffic and the Bus-on-Shoulder pilot project. Marozana Banaga spoke regarding short-term rentals. 7. ACTION ITEMS Page 4 DocuSign Envelope ID:9316BD9B-3E11-4F37-AD1B-A82C23475584 2022/09/27 Minutes - City Council - Regular Meeting 7.1 City Election: Report by City Clerk Kerry Bigelow Regarding Possible Outcomes of the November 2022 Election and Options to Address Potential Vacancies City Clerk Bigelow gave a presentation on the Item. She and outside legal counsel Alena Shamos, representing Colantuono, Highsmith & Whatley, responded to questions of the Council. Alan C. spoke regarding Measure K. The following members of the public spoke regarding the item: • John Moot, Chula Vista resident • Mary Cosio • Dan Smith Xi Jinping submitted written communications in support of the item. Alan C. submitted written communications in opposition to the item. Mayor Casillas Salas recessed the meeting at 6:35 p.m. The Council reconvened at 6:47 p.m., with all members present. 7.2 Parking Management: Approve the Downtown Chula Vista Parking Management Plan Report and Implement Recommendation Numbers 1, 9 and 11 of the Report Mayor Casillas Salas stated that she would abstain from participating in Item 7.2 due to a potential property-related conflict of interest. She left the dais during the discussion and voting on the item. Transportation Engineer Barker gave a presentation on the item and responded to questions of the Council. Christine Brady, Chula Vista resident, spoke in opposition to staffs recommendation No. 2. Deputy City Manager Allen requested Council feedback. Councilmember Galvez made the following suggestions: more community outreach on recommendation No. 2, to shift the parking enforcement time from 9:00 AM - 6:00 PM to 10:00 AM - 8:00 PM; to bring back an item in the near future regarding recommendation No. 4, to update wayfinding signage; and that the City considers valet parking options in the downtown area. Dominic LiMandri, representing the Downtown Chula Vista Association, stated that the Association did not have concerns with recommendations 1, 9, and 11, but had not had time to consider the other recommendations. Page 5 DocuSign Envelope ID:9316BD9B-3E11-4F37-AD1B-A82C23475584 2022/09/27 Minutes - City Council - Regular Meeting Moved by Deputy Mayor Cardenas Seconded by Councilmember Galvez To adopt Resolution No. 2022-211, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Councilmember Padilla Abstain (1): Mayor Casillas Salas Result, Carried (4 to 0) Item 7.2 heading: RESOLUTION NO. 2022-211 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DOWNTOWN PARKING MANAGEMENT PLAN REPORT DATED AUGUST 2022 7.3 Employment Agreement: Extend and Amend City Manager Employment Agreement Human Resources Director Chase announced that approval of the item would affect executive compensation. Moved by Councilmember Galvez Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-212, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Item 7.3 heading: RESOLUTION NO. 2022-212 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY MANAGER EMPLOYMENT AGREEMENT TO EXTENT ITS TERM UNTIL JUNE 30, 2025, PROVIDE FOR TWO FIVE PERCENT ANNUAL SALARY INCREASES, AND PROVIDE STANDARD EXECUTIVE SEVERANCE BENEFITS 8. CITY MANAGER'S REPORTS There were none. 9. MAYOR'S REPORTS Mayor Casillas Salas congratulated former Police Captain Eric Thunberg and spoke of his accomplishments. 9.1 Ratification of Appointments to the Board of Ethics: Scott Wm. Davenport William Gersten Page 6 DocuSign Envelope ID:9316BD9B-3E11-4F37-AD1B-A82C23475584 2022/09/27 Minutes - City Council - Regular Meeting Jose Torres, Jr. Alexia Velissaropolos Moved by Councilmember McCann Seconded by Mayor Casillas Salas To ratify the above appointments. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) 10. COUNCILMEMBERS' COMMENTS Councilmembers McCann, Padilla, and Galvez congratulated former police Captain Eric Thunberg. Councilmember Galvez spoke regarding additional opportunities in the Police Department. At Councilmember Padilla's request, there was a consensus of the Council to direct the City Attorney and City Manager to draft an ordinance for Council consideration to establish a standing, council-appointed commission on police and community partnership. 10.1 Councilmember Padilla: At Councilmember Padilla's request, there was a consensus of the Council to support the 3rd Annual Southbay Rainbow Ride and Festival to be held at Otay Ranch Town Center on October 8, 2022. Nadia Kean-Ayub spoke in support of the item. The following members of the public submitted written comments in support of the item: • Vere Ledesma • Sara Galvan • Lauren Mata • Alex Crespo • Alexa Ovenshire • Valerie Belloso • Robert Castillo • Teresa Beck • Kaylee Looper • Madison Beck • Kathy Mayer 11. CITY ATTORNEY'S REPORTS City Attorney Googins congratulated former Police Captain Thunberg and spoke of his accomplishments. He also expressed his appreciation to the Council and staff for their support of the family of Simon Silva. Page 7 DocuSign Envelope ID:9316BD9B-3E11-4F37-AD1B-A82C23475584 2022/09/27 Minutes - City Council - Regular Meeting 12. ADJOURNMENT The meeting was adjourned at 7:48 p.m. Minutes prepared by.- Tyshar Turner, Assistant City Clerk DocuSigned by: 3074D10 IEAF342F_. Kerry K. Bigelow, MMC, City Clerk Page 8