CITY OF VISTA
CONSOLIDATED MEETING MINUTES
NOVEMBER 15, 2022
The November 15, 2022, Regular Meeting of the City Council of the Chartered City of Vista, the Community Development Commission of the City of Vista, the Buena Sanitation District, and the Successor Agency to the Vista Redevelopment Agency, was called to order by Mayor Ritter at 4:01 pm in the City Council Chambers, 200 Civic Center Drive, Vista, California.
COUNCIL MEMBERS PRESENT
Mayor Ritter
Deputy Mayor John Franklin (remote) Teleconference location: 701 7th Avenue, New York, NY 10036, 10th floor lobby
Joe Green, Corinna Contreras, Katie Melendez
RECESS, CALL FOR CLOSED SESSION
The following individuals spoke in opposition to the City licensing a twelfth cannabis dispensary under item CS2, Frank Zimmerman Collective v. City of Vista et al.:
Michael Mellano, Coastal Wellness, Cat Burkhalter, Coastal Wellness, Carole Fouse, Coastal Wellness Gina Saady, The Cake House, Sad Pattan, The Cake House, Jon Jessee, Dr Green Rx Mayor Ritter recessed the meeting at 4:12 p.m. and called a Closed Session for the following:
CS1. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1): (CC)
Case Name: Tina Pogue v. County of San Diego
Case Number: 21-CV-0309-TWR-MDD
Venue: United States District Court, Southern District of California CS2. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1): (CC)
Case Name: Frank Zimmerman Collective v. City of Vista, et al.
Case Number: 37-2021-00017596-CU-WM-NC
Venue: San Diego Superior Court, North County Branch
RECESS, OPEN SESSION, AND CALL TO ORDER
Mayor Ritter recessed the Closed Session at 4:39 p.m. and called the meeting to order in Open Session at 5:30 p.m. with all members present (Franklin participating remotely).
DEPARTMENT REPRESENTATIVES PRESENT
Walter Chung City Attorney
Ricardo Lopez Sheriff's Captain
Craig Usher Deputy Fire Chief
Kathy Valdez City Clerk
John Conley Director of Community Development and Engineering Larry Vaupel Economic Development Director
Mike Pacheco Recreation and Community Services Director Kuna Muthusamy Public Works Director
Mike Sylvia Finance Director
VISTA CITY COUNCIL(CC) BUENA SANITATION DISTRICT(BSD) COMMUNITY DEVELOPMENT COMMISSION (CDC)
SUCCESSOR AGENCY TO THE VISTA REDEVELOPMENT AGENCY(SA)JOINT POWERS FINANCING AUTHORITY(JPFA)
CONSOLIDATED MINUTES
NOVEMBER 15, 2022
PLEDGE OF ALLEGIANCE
Council Member Green led the Pledge of Allegiance.
BROWN ACT NOTICE
Mayor Ritter stated that, due to convening simultaneous meetings, the Buena Sanitation District Board Members will receive compensation of$147.75 for the District meeting.
APPROVAL OF AGENDA
City Clerk Kathy Valdez stated there are no changes to the agenda.
CLOSED SESSION
City Attorney Walter Chung reported that the City Council approved a settlement agreement in the amount of $450,000 for item CS1, Tina Pogue v. County of San Diego, and that no reportable action was taken on item CS2, Frank Zimmerman vs City of Vista, et al.
Councilmember Contreras stated that no additional licenses for cannabis store fronts have been granted.
PRESENTATION
P1. Mayor Ritter and the members of the City Council presented a proclamation declaring November 16, 2022, as "EDCO Waste and Recycling Services Day" in the City of Vista.
Chris Brown, North Coast Church, presented Mayor Ritter with a plaque acknowledging her 24 years of service to the community.
CONSENT CALENDAR
Mayor Ritter registered a "no" vote on item C11, Authorizing Submittal of an Application for the State of California Cannabis Equity Assessment Grant.
Councilmember Contreras asked that item CT CIP 8225: Street Rehabilitation Project 2022 — Award of Contract, be removed from the consent item for discussion.
MOTION BY CONTRERAS, SECOND BY GREEN, TO APPROVE THE FOLLOWING CONSENT CALENDAR.
MOTION CARRIED 5-0
C1. Received and filed the Treasurer's Cash Report for the month ending August 31, 2022. (CC) C2. Approved the following minutes: October 25, 2022, Consolidated Meeting (CC/CDC/SAIBSD) October 19, 2022, Special Meeting (CC)
October 27, 2022, Special Meeting (CC)
C3. Adopted City Council Resolution No. 2022-158, entitled "A Resolution of the City Council of the Chartered City of Vista, California, setting regular meeting dates for 2023." (CC) C4. Adopted City Council Resolution No. 2022-159, entitled "A Resolution of the City Council of the Chartered City of Vista, California, authorizing the Mayor to accept an Irrevocable Offer of Dedication for portions of Grand Avenue and Poinsettia Avenue." (CC) 2 CONSOLIDATED MINUTES
NOVEMBER 15, 2022
C5. Adopted City Council Resolution No. 2022-160, entitled "A Resolution of the City Council of the Chartered City of Vista, California, authorizing the Mayor to accept two Irrevocable Offers of Dedication for Watson Way." (CC)
C6. Adopted City Council Resolution No. 2022-161, entitled "A Resolution of the City Council of the Chartered City of Vista, California, approving an agreement with the County of San Diego for the roadway resurfacing of Catalina Avenue." (CC)
C7. Mayor Ritter announced this item was removed from the consent calendar for discussion.
C8. Introduced and adopted City Council Ordinance No. 2022-20, entitled "An Ordinance of the Chartered City of Vista, California, adopting the 2023 California Fire Code and the 2022 International Fire Code with certain amendments, additions, and deletions." (CC) C9. Adopted City Council Resolution No. 2022-163, entitled "A Resolution of the City Council of the Chartered City of Vista, California, approving the Fiscal Year 2022 Office of Traffic Safety EM23016 Grant Award and amending the Operating Budget for Fiscal Year 2022/23." (CC) C10. Adopted City Council Resolution No. 2022-164, entitled "A Resolution of the City Council of the Chartered City of Vista, California, approving the purchase of two brush fire trucks from South Coast Fire Equipment, Inc."; and adopted City Council Resolution No. 2022-165, entitled "A Resolution of the City Council of the Chartered City of Vista, California, amending the Operating Budget for Fiscal Years 2021/22 and 2022/23." (CC)
C11. Adopted City Council Resolution No. 2022-166, entitled "A Resolution of the City Council of the Chartered City of Vista, California, authorizing the submittal of an application for State of California Cannabis Equity Grant funding." (CC)
(Vote: 4-1, Ritter opposed)
C12. Adopted City Council Resolution No. 2022-167, entitled "A Resolution of the City Council of the Chartered City of Vista, California, approving the Public Arts Commission recommended sculpture titled "Lone Fish", in accordance with Vista City Council Policy 400-04, Artworks in Public Places." (CC)
C13. Adopted City Council Resolution No. 2022-168, entitled "A Resolution of the City Council of the Chartered City of Vista, California, approving application(s) for specified grant funds from Budget Act 2022/23." (CC)
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
C7. CIP 8225: STREET REHABILITATION PROJECT 2022 -AWARD OF CONTRACT (CC) Councilmember Contreras removed this item for discussion.
Community Development Director John Conley introduced the item along with City Engineer Greg Mayer.
City Councilmembers and staff discussed the following:
• Interest in painting bike lanes green to better delineate them • Staff has not included the painting of bike lanes green due to the cost considerations; they must be repainted every two years
• Staff can request the cost for a change order for consideration • If the cost is within the 10 percent contingency already included in the contract, staff do not need to bring the cost back to the City Council for approval • Should look at the City holistically, evaluate the initial and recurring costs, and decide on a plan 3 CONSOLIDATED MINUTES
NOVEMBER 15, 2022
rather than painting small segments of bike lanes now
MOTION BY CONTRERAS, SECOND BY MELENDEZ, TO ADOPT CITY
COUNCIL RESOLUTION NO. 2022-162, ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA,
AWARDING A CONSTRUCTION CONTRACT TO EAGLE PAVING COMPANY, INC. FOR THE STREET REHABILITATION PROJECT 2022 (CIP NO. 8225)." DIRECTED STAFF TO PAINT ELIGIBLE BIKE LANES IN THE
PROJECT GREEN IF THE COST IS LESS THAN THE TEN PERCENT
CONTINGENCY INCLUDED IN THE BUDGET OR TO COME BACK WITH AN
ESTIMATE IF IT IS HIGHER, AS WELL AS TO PUT AN ITEM ON A FUTURE AGENDA TO DISCUSS PAINTING BIKE LANES GREEN CITY-WIDE.
MOTION CARRIED 3-2, RITTER AND FRANKLIN OPPOSED
PUBLIC HEARING
PH1. CAMINO LARGO RESIDENTIAL DEVELOPMENT (P21-0300) (CC) Mayor Ritter opened the Public Hearing.
City Planner Patsy Chow provided the staff report.
Robert Thorne and Arlene Tendrick, California West, provided a presentation on the proposed project.
The following individuals spoke in opposition to the proposed project:
Phil Church Michael Jacobs Gabriel Jacobs Ryan Jacobs Chris Jacobs Anne Murphy Leigh Dick Ursula Sack (GuARD) Teresa Ardito Mary Gilman (GuARD) Mary Cottle
The following individuals spoke in favor of the proposed project:
Fraser Cosh Robert Algeo Michael McSweeney Scott Raitt Rod Brabdley (Sha, Inc)
City Council Members and staff discussed the following:
• The project is not in a transit-oriented district
• Small lot development standards would apply; Junior ADUs could occur with garage conversions detached ADUs unlikely due to size of lots
• The proposed U-turn involves removing some curb to allow room for a U-turn, there is not currently a sidewalk; the City would be responsible for maintaining the U-turn • The project does not change the ability to widen the street in the future • The estimated price for a unit is $800,000 to $850,000; is attainable housing, not affordable housing
• A down payment assistant program for moderate income families (up to 150 percent AMI) will be offered for five homes, priority will be given to those that live or work in Vista; could refinance but not take equity out without triggering repayment
• CalFire is re-doing overlay maps; the project is not currently in a high fire zone • A portion of the open space easement would be vacated for road in the project • The main (developer's) road would be available for use by other residents in the area • Easement issues are a private matter; the developer will need to ensure that they have legal authority to use the easement
• There is a desire for these types of projects
• Left turns would be allowed with the use of the median double turn lane; there is not enough cross traffic to warrant installing a traffic signal
4 CONSOLIDATED MINUTES
NOVEMBER 15, 2022
• Concerns about traffic congestion, the U-turn, the private road, and loss of open space • The developer appears to be positioning homes to reduce being in view of existing homes • The larger street leading to a major arterial road meets fire evacuation requirements • The project advances the goal of home ownership
MOTION BY CONTRERAS, SECOND BY MELENDEZ, TO DENY THE PROJECT.
SUBSTITUTE MOTION BY FRANKLIN TO APPROVE THE PROJECT AND
ASSOCIATED RESOLUTIONS AND TO RETURN FOR A SECOND READING OF THE ORDINANCE AT A SPECIAL MEETING ON DECEMBER 6 AT 11:00 AM IF A FOUR-FIFTHS VOTE IS NOT RECEIVED. SECONDED BY GREEN
WITH AN AMENDMENT TO HAVE STAFF WORK WITH DEVELOPER ON THE U-TURN.
A VOTE WAS TAKEN WHETHER TO CONSIDER THE SUBSTITUTE MOTION.
MOTION CARRIED 3-2, CONTRERAS AND MELENDEZ OPPOSED
Councilmembers Contreras and Melendez voiced their opposition to having a special meeting to hear the second reading of the ordinance. Contreras requested an amendment to the substitute motion to bring the second reading of the ordinance back at the regularly scheduled meeting on December 13.
The amendment was not accepted by Franklin.
Deputy Mayor Franklin and Mayor Ritter stated the current City Council members have been discussing the project for years and should be the ones to make the decision on the project.
MOTION BY FRANKLIN, SECOND BY GREEN, TO CLOSE THE PUBLIC HEARING AND ADOPT CITY COUNCIL RESOLUTION No. 2022-169, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED
CITY OF VISTA, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR 46 SINGLE-FAMILY HOMES LOCATED AT 2123 N. SANTA FIE AVENUE (ASSESSOR'S PARCEL NUMBER (APN) 159-240-07)"; ADOPT CITY COUNCIL RESOLUTION No. 2022-170, ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AUTHORIZING AND APPROVING THE SUMMARY VACATION OF A PORTION OF AN OPEN SPACE EASEMENT ON APN 159- 240-31"; INTRODUCE AND ADOPT CITY COUNCIL ORDINANCE NO. 2022-21, ENTITLED "AN ORDINANCE OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING A ZONE CHANGE FROM A-1 AGRICULTURAL ZONE TO R-1-B RESIDENTIAL ZONE SMALL LOT DEVELOPMENT TO ALLOW FOR 46 SINGLE-FAMILY HOMES ON A 9.3- ACRE SITE LOCATED AT 2123 N. SANTA FIE AVENUE(APN 159-240-07- 00)"; AND ADOPT CITY COUNCIL RESOLUTION NO. 2022-171, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED
CITY OF VISTA, CALIFORNIA, APPROVING A GENERAL PLAN
AMENDMENT, SITE DEVELOPMENT PLAN,AND TENTATIVE SUBDIVISION MAP FOR 46 SINGLE-FAMILY HOMES LOCATED AT 2123 N. SANTA FIE AVENUE." DIRECT STAFF TO WORK WITH THE APPLICANT TO IMPROVE
THE DESIGN OF THE PROPOSED U-TURN AND TO SCHEDULE A SPECIAL MEETING AT 11:00 AM ON DECEMBER 6 FOR A SECOND READING OF THE ORDINANCE IF A FOUR-FIFTHS VOTE IS NOT RECEIVED.
5 CONSOLIDATED MINUTES
NOVEMBER 15, 2022
MOTION CARRIED 3-2, CONTRERAS AND MELENDEZ OPPOSED
THE ORDINANCE WILL REQUIRE A SECOND READING.
DISCUSSION
D1. FISCAL YEAR 2021/22 FOURTH QUARTER FINANCIAL REPORT (CC/BSD) Finance Director Mike Sylvia provided the staff report.
Councilmember Green highlighted the Brengle Terrace Park field and lighting improvements.
Councilmember Contreras offered an amendment to move funds allocated for the Public Works lay down yard reserve account to the Luz Duran Park community center project.
In response to Councilmember Green's questions, Public Works Director Kuna Muthusamy stated the planned improvements include curb and gutter, improving the floor for driving on, and improving the appearance for the community.
Councilmember Green and Mayor Ritter stated they would prefer to see what the needs are for the Luz Duran Park community center and to use park funds for that purpose.
MOTION BY GREEN, SECOND BY RITTER, TO RECEIVE AND FILE THE FISCAL YEAR 2021/22 FOURTH QUARTER FINANCIAL REPORT AND ADOPT CITY COUNCIL RESOLUTION NO. 2022-172, ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AMENDING THE OPERATING BUDGET FOR FISCAL YEARS 2021/22 AND 2022/23 AND AMENDING THE CAPITAL PROJECT BUDGET FOR FISCAL YEARS 2022/23 AND 2023/24"; AND ADOPT BUENA SANITATION DISTRICT RESOLUTION NO. 2022-21, ENTITLED"A
RESOLUTION OF THE BUENA SANITATION DISTRICT, AMENDING THE OPERATING BUDGET FOR FISCAL YEARS 2021/22 AND 2022/23".
VOTE: 5-0
ORAL COMMUNICATIONS
John Conley thanked the Mayor for her dedication and service to the community over the past 24 years.
REMARKS
Mayor Ritter made the following announcements:
• Happy National Recycling Day! Recycling goes beyond plastics and paper. For more information on different kinds of household recyclables and how to properly dispose of them, go to wastefreesd.org
• The City, Chamber of Commerce, San Diego Workforce Partnership, and businesses will host "The World's Largest Job Fair" on November 16 & 17 to fill over 300 job openings here in Vista.
The FREE event is online and at participating Vista Business Park businesses. View employers and their job listing via links provided on the City's social media pages or contact our Economic Development Department.
• The 64 Annual Vista Christmas Parade will be held Saturday December 3 at 1 pm in Downtown Vista! This year's theme is "A Toy Stories Christmas". Grab your family and friends and join us for all the fun! Visit the Vista Chamber of Commerce website for more information. • The Senior Center is hosting a Craft Fair on December 7 from 1-4 pm. Interested vendors should visit gmacvista.com or call 760-643-5282.
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NOVEMBER 15, 2022
• Mark your calendars for the Jingle Terrace Live event December 7-18 from 5 to 9 pm! The Moonlight Amphitheatre will be adorned with a spectacular holiday light show you can walk through and inside the Moonlight. Visit Moon Iightstage.com for details! Vista's VFW will host a free health resource fair for Veterans this Saturday at their post located at 1234 S. Santa Fe from noon to 4pm. Visit vistapost.org for additional information. • City offices will be closed November 24 and 25 for the Thanksgiving holiday. Trash pickup will be delayed one day for regularly scheduled collections that fall on the Thursday or Friday.
The True-Life Companies (TTLC) proposes a General Plan Amendment, Zone Change and Annexation for 24 single-family homes on approximately 13 acres off Foothill Drive adjacent to Rancho Minerva Middle School. TTLC is holding a community meeting tomorrow at 5 pm at the Gloria McClellan Senior Center, 1400 Vale Terrace Drive. This proposal will come to the City Council on January 10, 2023. For more information visit our social media pages or contact 949- 299-0960.
• 1 also want to note that the City received the 2022 Municipal Management Association of Southern California (MMASC) Organizational Excellence Award. Staff was unaware we were selected until it was announced on November 3 during the annual conference, where hundreds of local government members and leaders were in attendance. MMASC cited Vista for its strategic leadership in addressing homelessness, improving the quality of life of its residents, and for its robust visual and performing arts programs. MMASC also put a video together and can be found on our YouTube channel.
• 1 also want to wish you all a happy and safe Thanksgiving holiday! Each of the City Council members thanked Mayor Ritter for her many years of service to the City of Vista.
The members of the City Council recognized the loss of Mustafa Nizam and sent their condolences to his family and friends.
Councilmember Melendez announced that an event for Transgender Remembrance Day will take place on Sunday from 1-4 pm at the Oceanside Public Library.
ADJOURNMENT
Mayor Ritter adjourned the meeting at 9:09 pm in honor of all veterans and those currently serving in the armed forces.
Kathy Valdez, Cit Clerk
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