•
® CITY COUNCIL
AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
REPORT ❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: City Manager Item No: D4
Prepared by: Walter Chung, City Attorney Meeting Date: January 24, 2023 Approved by: Amanda Lee, Acting City Manager Agenda Location: Discussion SUBJECT: PROPOSED CHANGES TO MUNICIPAL CODE REGARDING APPOINTMENT OF
MEMBERS OF THE CITY COUNCIL TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS
SUMMARY OF REQUESTED ACTION: Introduce and adopt an ordinance to amend the Vista Municipal Code to create a process for the appointment of members of the City Council to the Board of Directors of the San Diego Association of Governments (SANDAL).
PRIOR ACTION: None,
STATEMENT ON THE SUBJECT: Per state law applicable to general law cities, the Mayor, subject to City Council approval, has made all appointments to external boards and commissions. As a charter city, the City has the ability to adopt its own procedures for appointments to boards and commissions. Deputy Mayor Contreras requested the Acting City Manager place a discussion item on an upcoming agenda to change the Municipal Code regarding how appointments of officials are made to SANDAL, both the primary member and alternate members.
FISCAL IMPACT: There is no direct fiscal impact associated with this discussion item.
EXHIBITS:
1. City Council Ordinance No. 2023- , amending Chapter 2.12 of the Vista Municipal Code Regarding Appointments to the San Diego Association of Governments
2. Strikeout Version of Vista Municipal Code Chapter 2.12 ACTION: Introduced City Council Ordinance No. 2023-3, amending the Vista Municipal Code to create a process for the appointment of members of the City Council to the Board of Directors of the San Diego Association of Governments (SANDAG).
Vote: 3-2 (Franklin and Green opposed)
Clerk/S cretary
01/24f2023 D4 Page 1 of 21
ORDINANCE 2023-
AN ORDINANCE OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 2.12 OF THE VISTA MUNICIPAL CODE REGARDING
APPOINTMENTS TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS A. The City Council wishes to create a process to recommend and appoint members to be the City's representatives on the Board of Directors of the San Diego Association of Governments ("SANDAG.")
NOW THEREFORE, pursuant to its authority under Article 11, Section 7 of the California Constitution, the City Council of the Chartered City of Vista does ordain as follows:
SECTION 1. Chapter 2.12 of the Vista Municipal Code is amended to read as follows:
"Chapter 2.12
City Council
Sections:
2.12.010
Salaries of the Mayor and Members of the City Council
2.12.020
Reimbursement of Automobile Expenses
2.12.030
Meetings and Workshops -Time and Location
2.12.040
Meetings - Order of Business; Scheduling Public Hearings
2.12.050
Agenda -Contents and Preparation
2.12.060
Presiding Officer - Powers and Duties
2.12.070
Presiding Officer - Call to Order
2.12.080
Entry of Roll Call in Minutes
2.12.090
Quorum Required
2.12.100
Preparation of Minutes
2.12.110
Reading of Minutes and Ordinances
2.12.120
Rules of Debate
2.12.130
Addressing the City Council - Request to Speak
2.12.140
Addressing the City Council - Recognition and Time Limits
2.12.150
City Council Meetings - Order and Decorum
2.12.160
Persons Authorized to Approach Council Table
2.12.170
Entry of Protests in Minutes
2.12.180
Roll Call Votes
2.12.190
Relationship Between Council and City Manager
2.12.200
Smoking Prohibited in Council Chambers
2.12.210
Posting of "No Smoking" Area
2.12.220
Failure to Post "No Smoking" Area
2.12.230
Violation of Section 2.12.200 - Penalty
2.12.240
Ordinances, Resolutions
2.12.250
Robert's Rules of Order
2.12.260
Appointments to the San Diego Association of Governments 001102761
01 /24/2023 EXHIBIT 1 D4 Page 2 of 21
Section 2.12.010 Salaries of the Mayor and Members of the City Council A. Each Member of the City Council and the Mayor shall receive a salary, which may be adjusted from time to time by adoption of a resolution of the City Council, and shall receive an across-the-board, annual adjustment to their respective monthly salaries in the same amount and at the same time that Management Employees receive such an adjustment.
B. Salaries of the Members of the City Council and of the Mayor shall be paid at the same time and in the same manner as salaries of other officers and employees of the City. Salaries paid to the Members of the City Council and the Mayor shall be exclusive of, and in addition to, any amounts paid by the City for retirement, health and welfare benefits, or social security benefits, provided that all such benefits are made available and paid by the City for its employees, and shall be exclusive of, and in addition to, any reimbursements paid to Members of the City Council or to the Mayor for costs or expenses incurred in the conduct of official duties.
(Prior Code 2-12; Ord. No. 65-58, Amended 12/28/65; Ord. No. 74-2, Amended 2/6/74; Ord. No. 84-37, Amended 8/28/84; Ord. No. 86-56, Amended 11/12/86; Ord. No. 88-10, Amended 3/28/88; Ord. No. 92-9, Amended, 06/09/92; Ord. No. 96-18, Amended, 10/08/96; Ord. No. 2000-1, Amended, 04/25/00; Ord. No. 2008- 1, Amended, 1/8/08; Ord. No. 2018-16, Amended, 12/11/18) Section 2.12.020 Reimbursement of Automobile Expenses
(Prior Code 2-12A; Ord. No. 87-43, Amended 12/14/87; Ord. No. 2002-13, Amended, 03/26/02; Ord. No. 2009-8, Repealed, 4/14/09)
Section 2.12.030 Meetings and Workshops -Time and Location A. Regular meetings of the City Council shall be held on the first, second, and fourth Tuesdays of each month except as otherwise provided below.
1. The City Council shall annually adopt one or more
resolutions identifying the dates on which regular meetings shall be held. Dates not identified by the City Council shall not be regular meeting dates for any legal purpose.
2. Any scheduled regular meeting may be cancelled by the City Manager in consultation with the Mayor.
3. Regular meeting dates established by the City Council shall also be regular meeting dates for the Community Development Commission, the Buena Sanitation District, and the Successor Agency.
4. If the City Council does not adopt a resolution establishing meeting dates for a given month or calendar year, regular meetings shall be held on the first, second, and fourth Tuesdays of the month.
B. All meetings of the City Council shall be held within the boundaries of the City of Vista, except as otherwise permitted by law, and shall be convened in the City Council Chambers located at 200 Civic Center Drive, Vista, California, unless a location other than the City Council Chambers is identified in a published notice or posted agenda of any meeting.
C. The meetings scheduled for the second and fourth Tuesdays shall commence at 5:30 p.m., except when a closed session is required. When a closed session is required, the closed portion of the meeting shall commence prior to 5:30 001102761
2 01 /24/2023
M
p.m., at the specific time selected by the City Manager and posted on an agenda in conformance with Government Code Section 54950 et seq. In no event shall the public portion of the meeting commence prior to 5:30 p.m.
D. The meetings scheduled for the first Tuesdays shall commence at 2:00 p.m. except when a different specific time is selected by the City Manager and posted on an agenda in conformance with Government Code Section 54950 et seq.
(Prior Code 2-10; Ord. No. 63-1, Amended 1/28/63; Ord. No. 63-7, Amended 4/3/63; Ord. No. 65-55, Amended 12/28/65; Ord. No. 68-27, Amended 8/6/68; Ord.
No. 69-53, Amended 9/2/69; Ord. No. 71-13, Amended 7/6/71; Ord. 75-35, Amended 8/25/75; Ord. No. 78-13, Amended 3/13/78; Ord. No. 75-35; Ord. No. 78- 13, Amended 3/13/78; Ord. No. 87-8, Amended 4/13/87; Ord. No. 88-42, Amended 1 /9/89; Ord. No. 89-32, Amended 8/28/89; Ord. No. 90-36, Amended 8/17/90; Ord.
No. 90-44, Amended, 12/17/90; Ord. No. 91-13, Amended, 5/28/91; Ord. No. 94-6, Amended, 3/08/94; Ord. No. 94-22, Amended, 10/11 /94; Ord. No. 95-1, Amended, 1/10/95; Ord. No. 95-6, Amended, 6/13/95; Ord. No. 99-11, Amended, 7/13/99; Ord. No. 2003-27, Amended, 12/09/03; Ord. No. 2004-10, Amended, 10/26/04; Ord. No. 2005-23, Amended, 11/08/05; Ord. No. 2008-12, Amended, 4/8/08; Ord.
No. 2018-3, Amended 4/10/18)
Section 2.12.040 Meetings - Order of Business; Scheduling Public Hearings
A. Workshop Meetings. The regular meeting of the City Council held on the first Tuesday of each month shall be designated as a "workshop" meeting and is intended to provide an opportunity for the City Council to discuss and deliberate upon the issues presented at greater length and in more depth than is otherwise permitted at full meetings. Subject to the approval of the agenda by the City Council for each meeting, the order in which agenda matters shall be presented to the City Council for any regular workshop meeting shall be as established by City Council resolution.
B. Full Meetings. The regular meetings of the City Council held on the second and fourth Tuesdays of each month shall be designated as "full' meetings.
Subject to the approval of the agenda by the City Council for each meeting, the order in which agenda matters shall be presented to the City Council for any regular full meeting shall be as established by City Council resolution.
C. Setting Matters for Public Hearing Calendars. Any agenda matters requiring a noticed public hearing shall ordinarily be noticed for a full meeting of the City Council at a date and time certain determined by the City Manager. This section shall not be construed to prevent the City Council from conducting a noticed public hearing at any regular workshop or special meeting of the City Council.
D. From time to time as it finds convenient, the City Council may approve regular or special procedures for the conduct of any City Council proceeding, not otherwise inconsistent with the requirements of any law or ordinance, upon adoption of a resolution of the City Council.
E. All public testimony on public hearings shall be completed by 10:00 p.m., subject to extension by a majority vote of the City Council. (Prior Code 2-14; Ord. No. 69-36, Amended 6/16/69; Ord. 89-46, Amended 1/8/90; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 95-1, Amended, 02/14/95; Ord. No. 95- 14, Amended, 11/28/95; Ord. No. 99-11, Amended, 07/13/99; Ord. 2002-9, 001102761
9 01 /24/2023
M
Amended, 03/29/02; Ord. No. 2003-27, Amended, 12/09/03; Ord. No. 2004-10, Amended, 10/26/04; Ord. No. 2005-23, Amended, 11/08/05; Ord. No. 2006-5, Amended, 6/13/06; Ord. No. 2008-12, Amended, 4/8/08; Ord. No. 2008-33, Amended, 12/9/08)
Section 2.12.050 Agenda - Contents and Preparation
A. All reports, ordinances, resolutions, contract documents and other matters to be submitted to the City Council at their regular meetings shall be delivered to the City Manager or City Clerk not later than 5:00 p.m. on the Thursday eleven days prior to the meeting. The City Manager or City Clerk shall prepare the agenda of all such matters according to the order of business and deliver or mail to each Council Member and Department Head a complete copy of such agenda as soon as possible, but in no event later than 5:00 p.m. on the Wednesday preceding the Council meeting. The agenda shall be available to the public as soon as it has been prepared, but in no event later than allowed pursuant to the Ralph M. Brown Act, commencing with Section 54950 of the State Government Code.
B. No matters other than those on the agenda shall be finally acted upon by the City Council except as pursuant to the Ralph M. Brown Act. (Prior Code 2-13; Ord. No. 69-36, Amended 6/16/69; Ord. No. 87-20, Amended 6/22/87)
Section 2.12.060 Presiding Officer - Powers and Duties
A. The Mayor, or in the absence of the Mayor, the Deputy Mayor, shall be the presiding officer and shall assume the duties as soon as election results are confirmed by Council.
B. The Mayor shall preserve order and decorum at all meetings of the Council, state questions coming before the Council, announce decisions on all subjects and decide all questions of order. The Mayor's decisions on matters of order are subject to appeal to the Council as a whole. In the event of an appeal, a majority vote shall govern and conclusively determine such question of order. The Mayor shall vote on all questions.
C. The Mayor shall sign all ordinances and resolutions adopted and contracts approved by the Council at meetings at which the Mayor presides. In the absence of the Mayor, the Deputy Mayor shall sign the documents that were adopted and approved by the Council. In the absence of the Mayor and Deputy Mayor, the temporary Chairperson shall sign the documents that were adopted and approved during the meeting at which the temporary Chairperson presided. (Prior Code 2-15; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1 /8/90; Ord. No. 2012-14, Amended 12/11 /12)
Section 2.12.070 Presiding Officer - Call to Order
The Mayor, or in the absence of the Mayor, the Deputy Mayor, shall call the Council to order. In the absence of the Mayor and the Deputy Mayor, the City Clerk or Deputy City Clerk shall call the Council to order. A temporary Chairperson shall then be elected by the Council Members present. Upon the arrival of the Mayor or the Deputy Mayor, the temporary Chairperson shall relinquish the chair at the conclusion of the business then before the Council."
001102761
4 01 /24/2023
M
(Prior Code 2-16; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended 1/8/90; Ord. No. 2012-14, Amended 12/11 /12)
Section 2.12.080 Entry of Roll Call in Minutes
The names of all Council Members present shall be entered into the minutes of the meeting.
(Prior Code 2-17; Ord. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90)
Section 2.12.090 Quorum Required
A majority of the City Council then serving shall constitute a quorum for transaction of business. When there is no quorum, the Mayor, Deputy Mayor or any Council Member shall adjourn the meeting. If no Council Member is present, the City Clerk or Deputy City Clerk shall adjourn the meeting. A meeting adjourned without a quorum may be adjourned sine die or to a date certain. (Prior Code 2-17.1; Ord. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended 1/8/90; Ord. No. 2008-32, Amended 12/9/08; Ord. No. 2012-14 Amended 12/11/12)
Section 2.12.100 Preparation of Minutes
A. The minutes of the City Council shall be kept by the City Clerk in a book with a record of each item of business transacted set off in paragraphs with proper titles. The City Clerk shall be required to make a record only of the business that was actually passed upon by a vote of the City Council and shall not be required to record any remarks of Council Members, or of any other person except at the special request of a Council Member. A record shall be made of the names and addresses of persons addressing the City Council, the title of the subject matter to which their remarks related, and whether they spoke in support of or in opposition to such matter.
B. The City Clerk shall forward a copy of the minutes of the meeting to each Council Member prior to the next regular meeting.
(Prior Code 2-17.2; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90)
Section 2.12.110 Reading of Minutes and Ordinances
A. Unless the reading of the minutes of a City Council meeting is requested by a Council Member, minutes may be approved without reading.
B. Unless the reading of an ordinance is requested by a Council Member, ordinances may be approved without reading the text or the title. (Prior Code 2-17.3; Ord. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2008-32, Amended, 12/9/08)
Section 2.12.120 Rules of Debate
A. Presiding Officer May Debate and Vote. The
move, second and debate from the chair, subject only to which are imposed on all Council Members. The presiding presiding officer may
limitations of debate
officer shall not be
001102761
01 /24/2023 D4 Page 6 of 21
deprived of any of the rights and privileges of a Council Member by reason of serving as the presiding officer.
B. Manner of Addressing Chairperson. Improper references are to be avoided. Every Council Member desiring to speak shall address the chair and upon recognition by the presiding officer, shall confine the remarks to the question under debate, avoiding all personalities and indecorous language.
C. Interruptions. A Council Member, once recognized, shall not be interrupted when speaking, except to call the Council Member to order, or as otherwise provided in this chapter. If a Council Member is called to order while speaking, the Council Member shall cease speaking until the question of order is determined. If it is determined that the Council Member is in order, he/she shall be permitted to proceed.
D. Rules of Order. Except as otherwise provided in this chapter, the latest edition of Robert's Rules of Order, Revised, shall govern the conduct of the meetings of the Council.
(Prior Code 2-17.4; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1 /8/90)
Section 2.12.130 Addressing the City Council - Request to Speak No person shall address the City Council while the City Council is in session unless the person has been recognized by the presiding officer and is invited to speak. Any member of the public may request recognition from the presiding officer in order to address the City Council by submitting a completed Request to Speak form to the City Clerk or the designee prior to or during the meeting.
(Prior Code 2-17.5; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1 /8/90; Ord. No. 2002-9, Amended, 03/29/02)
Section 2.12.140 Addressing the City Council - Recognition and Time Limits
A. Recognition. A member of the public who is recognized to speak to the City Council shall speak from the podium designated for such purpose, and shall begin by giving his or her name and mailing address for the public record.
B. Time Limits. Unless additional time is granted by order of the presiding officer or upon majority vote of the City Council, no member of the public shall address the City Council for a period longer than three minutes from the time recognized. The presiding officer shall inform the speaking member of the public when the three minute time limit has expired and thereupon the speaker shall discontinue further comment.
C. If two or more members of an identified group of persons having a common interest in an agenda matter file requests to address the City Council on the matter, the presiding officer may request the group to designate one or more representatives who will address the City Council on behalf of the group on that matter.
(Prior Code 2-17.6; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2002-9, Amended, 03/29/02)
Section 2.12.150 City Council Meetings - Order and Decorum 001102761
01 /24/2023 D4 Page 7 of 21
A. Presiding Officer. While the City Council is in session, the presiding officer at all times shall maintain order and decorum at the meeting. The presiding officer is authorized to designate any law enforcement officer attending a meeting of the City Council as a Sergeant at Arms for such meeting and may direct the officer so designated to assist the presiding officer in maintaining order and decorum at the meeting.
B. City Council Members. Members of the City Council shall avoid disruption or unreasonable delay of the City Council proceedings, and shall not interrupt or disturb any other Member of the City Council who has the floor, but shall wait to be recognized by the presiding officer. Members of the City Council shall conform to the orders of the presiding officer unless, by majority vote of the City Council upon a motion and second, such orders are overruled by the City Council.
C. Members of the Public. Every member of the public attending a meeting of the City Council shall observe and conform to the following rules of conduct:
1. No person shall seek or attempt to disrupt a meeting of the City Council by making any statement against the reputation, character or motive of any person.
2. No person shall seek or attempt to disrupt a meeting of the City Council by making any statement that is intended to inflame passion or anger, or is purely of a personal nature, or is defamatory, slanderous, impertinent, or profane.
3. No person shall make any noise, whistle, shout, sing, applaud, or disparage any speaker, or commit other acts, with the intent of disrupting, disturbing, or delaying the City Council proceedings.
4. No person shall bring into the place where the City Council is meeting any knife, gun, chain, rope, rock, stick, pole, board, or other material that is capable of causing harm or injury to persons, including any such materials used to support or to display any sign, placard or symbol.
5. No person shall address the City Council until having been recognized by the presiding officer.
6. Every person addressing the City Council on a matter appearing on the agenda shall avoid making repetitious or irrelevant statements to the issue being discussed.
7. Every person addressing the City Council under
Opportunities for Public Comment (Oral Communications) on matters not appearing on the agenda shall avoid making statements concerning issues that are not within the subject matter jurisdiction of the City Council.
8. A person having been ruled out of order by the presiding officer shall immediately conform to the orders of the presiding officer, and to the orders of any designated Sergeant at Arms acting under authority of law or by order of the presiding officer. Any person who refuses when ordered to conform to the rules of conduct is subject to being removed from the place of the meeting of the City Council by order of the presiding officer.
D. Prohibited Conduct. No person shall intentionally disrupt, disturb or interfere with the proceedings of a meeting of the City Council. A person shall be deemed to have intentionally disrupted, disturbed or interfered with the proceedings of a meeting of the City Council if the person refuses or does not come to order, after having been ruled out of order by the presiding officer, or refuses or does not comply with or obey the lawful order of any law enforcement 001102761
7 01 /24/2023
M
officer engaged in restoring order upon the direction of the presiding officer of the City Council. A violation of this Subsection D is a misdemeanor which shall be punishable by a fine not to exceed $1,000, imprisonment in the county jail for up to six months, or both.
(Prior Code 2-17.7; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2002-9, Amended, 03/29/02)
Section 2.12.160 Persons Authorized to Approach Council Table No person, except City officials, their representatives and representatives of news gathering agencies shall be permitted to approach the Council table without the consent of the Council.
(Prior Code 2-17.8; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1 /8/90)
Section 2.12.170 Entry of Protests in Minutes
Any Council Member by request shall have the right to have the reasons for dissent from or protest against an action of the Council entered in the minutes. (Prior Code 2-17.9; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1 /8/90)
Section 2.12.180 Roll Call Votes
A roll call vote shall be taken upon the passage of all Ordinances and orders for the payment of money and shall be entered in the minutes of the City Council showing those Council Members voting for, those voting against, and those not voting or absent. Upon request of any Council Member, a roll call vote shall be taken and recorded on any action.
(Prior Code 2-17.10; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1 /8/90)
Section 2.12.190 Relationship between Council and City Manager City Council is to deal through the City Manager. The City Council and its members shall deal with the administrative staff of the City only through the City Manager, except for the purpose of inquiry. Neither City Council nor any Council Member shall give orders to any subordinates of the City Manager. (Prior Code 2-17.11; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1 /8/90)
Section 2.12.200 Smoking Prohibited in Council Chambers It shall be unlawful for any person to smoke tobacco in any form in the Council Chambers of the City Council.
(Prior Code 2-10.1, Ord. No. 75-25, Amended, 5/28/75)
Section 2.12.210 Posting of "No Smoking" Area
It shall be the duty and responsibility of the Director of Public Works to post or cause to be posted the area referred to in Section 2.12.020 as a "No Smoking" 001102761
01 /24/2023 D4 Page 9 of 21
area by placing and maintaining signs stating "No Smoking" in conspicuous places within said area which are sufficient in size and form to communicate the intent of Section 2.12.200.
(Prior Code 2-10.2, Ord. No. 75-25, Amended, 5/28/75)
Section 2.12.220 Failure to Post "No Smoking" Area
Section 2.12.200 shall not be enforced unless at least one "No Smoking" sign meeting the requirements of Section 2.12.210 is visible from all portions of said Council Chambers, and is in place at the time of the alleged violation. (Prior Code 2-10.3, Ord. No. 75-25, Amended, 5/28/75)
Section 2.12.230 Violation of Section 2.12.200 — Penalty Any person who violates Section 2.12.200 is guilty of an infraction and upon conviction thereof shall be punishable according to the provisions of Section
1.16.010 of this code.
(Prior Code 2-10.4; Ord. No. 75-25, Amended, 5/28/75)
Section 2.12.240 Ordinances, Resolutions
A. The provisions of Article 2 (Enactment) of Chapter 2 (Ordinances), Part 2 (Legislative Body), Division 3 (Officers), Title 4 (Government of Cities), of the California Government Code shall not apply within the chartered City of Vista except as follows: Sections 36933 (relating to the publication of ordinances), 36936.1 (relating to the fixing of tax rates), and 36937 (relating to the effective date of ordinances) shall continue to apply within the City as currently enacted and as they may be amended from time to time.
B. The enacting clause of ordinances shall be: "The people of the chartered City of Vista do ordain as follows:"
C. Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of a quorum of the City Council.
D. Ordinances receiving a four -fifths vote of the City Council at introduction shall be immediately adopted without further City Council action.
Otherwise, ordinances shall not be adopted on the same day as their introduction unless one or more members of the City Council are unable to participate in the vote on an ordinance because of a declared conflict of interest, in which case a majority of a quorum shall be sufficient to immediately adopt the ordinance.
Ordinances may be adopted at any regular or special meeting of the City Council.
E. Procedural requirements mandated by specific state statutes constitutionally applicable to charter cities shall be followed where in conflict with the provisions of this chapter.
F. Insofar as they may be applicable, the provisions of this chapter shall also apply to and be deemed incorporated into the bylaws of the Community Development Commission of the City of Vista pursuant to Health & Safety Code Section 33204, and the subordinate commissions, boards, committees and advisory bodies of the City of Vista.
(Ord. No. 2008-32, Added, 12/9/08; Ord. No. 2010-5, Amended, 5/11/10) 001102761
01 /24/2023 D4 Page 10 of 21
Section 2.12.250 Robert's Rules of Order
The procedures prescribed in Robert's Rules of Order shall be modified as follows:
A. A motion to reconsider an action may be made only during the same meeting that the action was taken.
B. The number of votes required to rescind an action must be at least the same number of votes as were cast to approve the action being rescinded or a majority of the members of the City Council, whichever is less.
C. Final action on a quasi-judicial decision can only be taken through the adoption of a resolution and not by minute order or oral announcement. Final action taken on a quasi-judicial decision cannot be reconsidered or rescinded.
D. Abstentions shall be counted for purposes of determining a quorum except in the case of abstentions required by the Political Reform Act or other applicable law governing conflicts of interest. An action is approved by a majority vote consisting of more than one-half of the votes cast, excluding abstentions. No action shall be taken, however, without at least two affirmative votes. (Ord. No. 2008-32, Added, 12/9/08)
Section 2.12.260 Appointment to the San Diego Association of Governments
The City Council shall recommend and majority of the City Council shall appoint one of its members to serve on the Board of Directors of the San Diego Association of Governments ("SANDAG") and two of its members to serve as a first alternate and a second alternate. The appointed members shall serve until successor members are appointed by the City Council."
001102761
10 01 /24/2023
M
SECTION 2. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.
SECTION 3. This ordinance shall be fully effective and in force on the thirty-first (31st) day following the date of its adoption.
INTRODUCED and ADOPTED at a meeting of the City Council held on January 24, 2023 by the following vote:
AYES:
NOES:
I_1:i."]1F_\I 0A
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230118111607
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
001102761
11 01 /24/2023
D4 Page 12 of 21
STRIKEOUT VERSION
Chapter 2.12
City Council
Sections:
2.12.010
Salaries of the Mayor and Members of the City Council
2.12.020
Reimbursement of Automobile Expenses
2.12.030
Meetings and Workshops -Time and Location
2.12.040
Meetings - Order of Business; Scheduling Public Hearings
2.12.050
Agenda -Contents and Preparation
2.12.060
Presiding Officer - Powers and Duties
2.12.070
Presiding Officer - Call to Order
2.12.080
Entry of Roll Call in Minutes
2.12.090
Quorum Required
2.12.100
Preparation of Minutes
2.12.110
Reading of Minutes and Ordinances
2.12.120
Rules of Debate
2.12.130
Addressing the City Council - Request to Speak
2.12.140
Addressing the City Council - Recognition and Time Limits
2.12.150
City Council Meetings - Order and Decorum
2.12.160
Persons Authorized to Approach Council Table
2.12.170
Entry of Protests in Minutes
2.12.180
Roll Call Votes
2.12.190
Relationship Between Council and City Manager
2.12.200
Smoking Prohibited in Council Chambers
2.12.210
Posting of "No Smoking" Area
2.12.220
Failure to Post "No Smoking" Area
2.12.230
Violation of Section 2.12.200 - Penalty
2.12.240
Ordinances, Resolutions
2.12.250
Robert's Rules of Order
2.12.260
Appointments to the San Diego Association of Governments Section 2.12.010 Salaries of the Mayor and Members of the City Council A. Each Member of the City Council and the Mayor shall receive a salary, which may be adjusted from time to time by adoption of a resolution of the City Council, and shall receive an across-the-board, annual adjustment to their respective monthly salaries in the same amount and at the same time that Management Employees receive such an adjustment.
B. Salaries of the Members of the City Council and of the Mayor shall be paid at the same time and in the same manner as salaries of other officers and employees of the City.
Salaries paid to the Members of the City Council and the Mayor shall be exclusive of, and in addition to, any amounts paid by the City for retirement, health and welfare benefits, or social security benefits, provided that all such benefits are made available and paid by the City for its employees, and shall be exclusive of, and in addition to, any reimbursements paid to Members of the City Council or to the Mayor for costs or expenses incurred in the conduct of official duties.
(Prior Code 2-12; Ord.
Amended 8/28/84; Ord
No. 65-58, Amended 12/28/65; Ord. No. 74-2, Amended 2/6/74; Ord. No. 84-37, No. 86-56, Amended 11/12/86; Ord. No. 88-10, Amended 3/28/88; Ord. No. 92-9, 001102801 EXHIBIT 2
01 /24/2023 D4 Page 13 of 21
Amended, 06/09/92; Ord. No. 96-18, Amended, 10/08/96; Ord. No. 2000-1, Amended, 04/25/00; Ord. No. 2008-1, Amended, 1/8/08; Ord. No. 2018-16, Amended, 12/11/18) Section 2.12.020 Reimbursement of Automobile Expenses
(Prior Code 2-12A; Ord. No. 87-43, Amended 12/14/87; Ord. No. 2002-13, Amended, 03/26/02; Ord. No. 2009-8, Repealed, 4/14/09)
Section 2.12.030 Meetings and Workshops -Time and Location A. Regular meetings of the City Council shall be held on the first, second, and fourth Tuesdays of each month except as otherwise provided below.
1. The City Council shall annually adopt one or more resolutions identifying the dates on which regular meetings shall be held. Dates not identified by the City Council shall not be regular meeting dates for any legal purpose.
2. Any scheduled regular meeting may be cancelled by the City Manager in consultation with the Mayor.
3. Regular meeting dates established by the City Council shall also be regular meeting dates for the Community Development Commission, the Buena Sanitation District, and the Successor Agency.
4. If the City Council does not adopt a resolution establishing meeting dates for a given month or calendar year, regular meetings shall be held on the first, second, and fourth Tuesdays of the month.
B. All meetings of the City Council shall be held within the boundaries of the City of Vista, except as otherwise permitted by law, and shall be convened in the City Council Chambers located at 200 Civic Center Drive, Vista, California, unless a location other than the City Council Chambers is identified in a published notice or posted agenda of any meeting.
C. The meetings scheduled for the second and fourth Tuesdays shall commence at 5:30 p.m., except when a closed session is required. When a closed session is required, the closed portion of the meeting shall commence prior to 5:30 p.m., at the specific time selected by the City Manager and posted on an agenda in conformance with Government Code Section 54950 et seq. In no event shall the public portion of the meeting commence prior to 5:30 p.m.
D. The meetings scheduled for the first Tuesdays shall commence at 2:00 p.m. except when a different specific time is selected by the City Manager and posted on an agenda in conformance with Government Code Section 54950 et seq. (Prior Code 2-10; Ord. No. 63-1, Amended 1/28/63; Ord. No. 63-7, Amended 4/3/63; Ord. No. 65-55, Amended 12/28/65; Ord. No. 68-27, Amended 8/6/68; Ord. No. 69-53, Amended 9/2/69; Ord. No. 71-13, Amended 7/6/71; Ord. 75-35, Amended 8/25/75; Ord. No. 78-13, Amended 3/13/78; Ord. No. 75-35; Ord.
No. 78-13, Amended 3/13/78; Ord. No. 87-8, Amended 4/13/87; Ord. No. 88-42, Amended 1/9/89; Ord.
No. 89-32, Amended 8/28/89; Ord. No. 90-36, Amended 8/17/90; Ord. No. 90-44, Amended, 12/17/90; Ord. No. 91-13, Amended, 5/28/91; Ord. No. 94-6, Amended, 3/08/94; Ord. No. 94-22, Amended, 10/11/94; Ord. No. 95-1, Amended, 1/10/95; Ord. No. 95-6, Amended, 6/13/95; Ord. No. 99-11, Amended, 7/13/99; Ord. No. 2003-27, Amended, 12/09/03; Ord. No. 2004-10, Amended, 10/26/04; Ord.
No. 2005-23, Amended, 11/08/05; Ord. No. 2008-12, Amended, 4/8/08; Ord. No. 2018-3, Amended 4/10/18)
Section 2.12.040 Meetings - Order of Business; Scheduling Public Hearings A. Workshop Meetings. The regular meeting of the City Council held on the first Tuesday of each month shall be designated as a "workshop" meeting, and is intended to provide an opportunity for the City Council to discuss and deliberate upon the issues presented at greater length and in more depth than is otherwise permitted at full meetings. Subject to the 001102801
01 /24/2023 D4 Page 14 of 21
approval of the agenda by the City Council for each meeting, the order in which agenda matters shall be presented to the City Council for any regular workshop meeting shall be as established by City Council resolution.
B. Full Meetings. The regular meetings of the City Council held on the second and fourth Tuesdays of each month shall be designated as "full" meetings. Subject to the approval of the agenda by the City Council for each meeting, the order in which agenda matters shall be presented to the City Council for any regular full meeting shall be as established by City Council resolution.
C. Setting Matters for Public Hearing Calendars. Any agenda matters requiring a noticed public hearing shall ordinarily be noticed for a full meeting of the City Council at a date and time certain determined by the City Manager. This section shall not be construed to prevent the City Council from conducting a noticed public hearing at any regular workshop or special meeting of the City Council.
D. From time to time as it finds convenient, the City Council may approve regular or special procedures for the conduct of any City Council proceeding, not otherwise inconsistent with the requirements of any law or ordinance, upon adoption of a resolution of the City Council.
E. All public testimony on public hearings shall be completed by 10:00 p.m., subject to extension by a majority vote of the City Council.
(Prior Code 2-14; Ord. No. 69-36, Amended 6/16/69; Ord. 89-46, Amended 1/8/90; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 95-1, Amended, 02/14/95; Ord. No. 95-14, Amended, 11/28/95; Ord. No. 99- 11, Amended, 07/13/99; Ord. 2002-9, Amended, 03/29/02; Ord. No. 2003-27, Amended, 12/09/03; Ord.
No. 2004-10, Amended, 10/26/04; Ord. No. 2005-23, Amended, 11/08/05; Ord. No. 2006-5, Amended, 6/13/06; Ord. No. 2008-12, Amended, 4/8/08; Ord. No. 2008-33, Amended, 12/9/08) Section 2.12.050 Agenda - Contents and Preparation
A. All reports, ordinances, resolutions, contract documents and other matters to be submitted to the City Council at their regular meetings shall be delivered to the City Manager or City Clerk not later than 5:00 p.m. on the Thursday eleven days prior to the meeting. The City Manager or City Clerk shall prepare the agenda of all such matters according to the order of business and deliver or mail to each Council Member and Department Head a complete copy of such agenda as soon as possible, but in no event later than 5:00 p.m. on the Wednesday preceding the Council meeting. The agenda shall be available to the public as soon as it has been prepared, but in no event later than allowed pursuant to the Ralph M. Brown Act, commencing with Section 54950 of the State Government Code.
B. No matters other than those on the agenda shall be finally acted upon by the City Council except as pursuant to the Ralph M. Brown Act.
(Prior Code 2-13; Ord. No. 69-36, Amended 6/16/69; Ord. No. 87-20, Amended 6/22/87) Section 2.12.060 Presiding Officer - Powers and Duties
A. The Mayor, or in the absence of the Mayor, the Deputy Mayor, shall be the presiding officer and shall assume the duties as soon as election results are confirmed by Council.
B. The Mayor shall preserve order and decorum at all meetings of the Council, state questions coming before the Council, announce decisions on all subjects and decide all questions of order. The Mayor's decisions on matters of order are subject to appeal to the Council as a whole. In the event of an appeal, a majority vote shall govern and conclusively determine such question of order. The Mayor shall vote on all questions.
C. The Mayor shall sign all ordinances and resolutions adopted and contracts approved by the Council at meetings at which the Mayor presides. In the absence of the Mayor, 001102801
01 /24/2023 D4 Page 15 of 21
the Deputy Mayor shall sign the documents that were adopted and approved by the Council. In the absence of the Mayor and Deputy Mayor, the temporary Chairperson shall sign the documents that were adopted and approved during the meeting at which the temporary Chairperson presided.
(Prior Code 2-15; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2012- 14, Amended 12/11/12)
Section 2.12.070 Presiding Officer - Call to Order
The Mayor, or in the absence of the Mayor, the Deputy Mayor, shall call the Council to order. In the absence of the Mayor and the Deputy Mayor, the City Clerk or Deputy City Clerk shall call the Council to order. A temporary Chairperson shall then be elected by the Council Members present. Upon the arrival of the Mayor or the Deputy Mayor, the temporary Chairperson shall relinquish the chair at the conclusion of the business then before the Council." (Prior Code 2-16; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended 1/8/90; Ord. No. 2012-14, Amended 12/11/12)
Section 2.12.080 Entry of Roll Call in Minutes
The names of all Council Members present shall be entered into the minutes of the meeting.
(Prior Code 2-17; Ord. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90) Section 2.12.090 Quorum Required
A majority of the City Council then serving shall constitute a quorum for transaction of business. When there is no quorum, the Mayor, Deputy Mayor or any Council Member shall adjourn the meeting. If no Council Member is present, the City Clerk or Deputy City Clerk shall adjourn the meeting. A meeting adjourned without a quorum may be adjourned sine die or to a date certain.
(Prior Code 2-17.1; Ord. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended 1/8/90; Ord. No. 2008-32, Amended 12/9/08; Ord. No. 2012-14 Amended 12/11/12)
Section 2.12.100 Preparation of Minutes
A. The minutes of the City Council shall be kept by the City Clerk in a book with a record of each item of business transacted set off in paragraphs with proper titles. The City Clerk shall be required to make a record only of the business that was actually passed upon by a vote of the City Council and shall not be required to record any remarks of Council Members, or of any other person except at the special request of a Council Member. A record shall be made of the names and addresses of persons addressing the City Council, the title of the subject matter to which their remarks related, and whether they spoke in support of or in opposition to such matter.
B. The City Clerk shall forward a copy of the minutes of the meeting to each Council Member prior to the next regular meeting.
(Prior Code 2-17.2; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90) Section 2.12.110 Reading of Minutes and Ordinances
A. Unless the reading of the minutes of a City Council meeting is requested by a Council Member, minutes may be approved without reading. 001102801
01 /24/2023 D4 Page 16 of 21
B. Unless the reading of an ordinance is requested by a Council Member, ordinances may be approved without reading the text or the title. (Prior Code 2-17.3; Ord. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2008-32, Amended, 12/9/08)
Section 2.12.120 Rules of Debate
A. Presiding Officer May Debate and Vote. The presiding officer may move, second and debate from the chair, subject only to limitations of debate which are imposed on all Council Members. The presiding officer shall not be deprived of any of the rights and privileges of a Council Member by reason of serving as the presiding officer.
B. Manner of Addressing Chairperson. Improper references are to be avoided.
Every Council Member desiring to speak shall address the chair and upon recognition by the presiding officer, shall confine the remarks to the question under debate, avoiding all personalities and indecorous language.
C. Interruptions. A Council Member, once recognized, shall not be interrupted when speaking, except to call the Council Member to order, or as otherwise provided in this chapter.
If a Council Member is called to order while speaking, the Council Member shall cease speaking until the question of order is determined. If it is determined that the Council Member is in order, he/she shall be permitted to proceed.
D. Rules of Order. Except as otherwise provided in this chapter, the latest edition of Robert's Rules of Order, Revised, shall govern the conduct of the meetings of the Council. (Prior Code 2-17.4; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90) Section 2.12.130 Addressing the City Council - Request to Speak No person shall address the City Council while the City Council is in session unless the person has been recognized by the presiding officer and is invited to speak. Any member of the public may request recognition from the presiding officer in order to address the City Council by submitting a completed Request to Speak form to the City Clerk or the designee prior to or during the meeting.
(Prior Code 2-17.5; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2002- 9, Amended, 03/29/02)
Section 2.12.140 Addressing the City Council - Recognition and Time Limits A. Recognition. A member of the public who is recognized to speak to the City Council shall speak from the podium designated for such purpose, and shall begin by giving his or her name and mailing address for the public record.
B. Time Limits. Unless additional time is granted by order of the presiding officer or upon majority vote of the City Council, no member of the public shall address the City Council for a period longer than three minutes from the time recognized. The presiding officer shall inform the speaking member of the public when the three minute time limit has expired and thereupon the speaker shall discontinue further comment.
C. If two or more members of an identified group of persons having a common interest in an agenda matter file requests to address the City Council on the matter, the presiding officer may request the group to designate one or more representatives who will address the City Council on behalf of the group on that matter. (Prior Code 2-17.6; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2002- 9, Amended, 03/29/02)
Section 2.12.150 City Council Meetings - Order and Decorum 001102801
01 /24/2023 D4 Page 17 of 21
A. Presiding Officer. While the City Council is in session, the presiding officer at all times shall maintain order and decorum at the meeting. The presiding officer is authorized to designate any law enforcement officer attending a meeting of the City Council as a Sergeant at Arms for such meeting and may direct the officer so designated to assist the presiding officer in maintaining order and decorum at the meeting.
B. City Council Members. Members of the City Council shall avoid disruption or unreasonable delay of the City Council proceedings, and shall not interrupt or disturb any other Member of the City Council who has the floor, but shall wait to be recognized by the presiding officer. Members of the City Council shall conform to the orders of the presiding officer unless, by majority vote of the City Council upon a motion and second, such orders are overruled by the City Council.
C. Members of the Public. Every member of the public attending a meeting of the City Council shall observe and conform to the following rules of conduct:
1. No person shall seek or attempt to disrupt a meeting of the City Council by making any statement against the reputation, character or motive of any person.
2. No person shall seek or attempt to disrupt a meeting of the City Council by making any statement that is intended to inflame passion or anger, or is purely of a personal nature, or is defamatory, slanderous, impertinent, or profane.
3. No person shall make any noise, whistle, shout, sing, applaud, or disparage any speaker, or commit other acts, with the intent of disrupting, disturbing, or delaying the City Council proceedings.
4. No person shall bring into the place where the City Council is meeting any knife, gun, chain, rope, rock, stick, pole, board, or other material that is capable of causing harm or injury to persons, including any such materials used to support or to display any sign, placard or symbol.
5. No person shall address the City Council until having been recognized by the presiding officer.
6. Every person addressing the City Council on a matter appearing on the agenda shall avoid making repetitious or irrelevant statements to the issue being discussed.
7. Every person addressing the City Council under Opportunities for Public Comment (Oral Communications) on matters not appearing on the agenda shall avoid making statements concerning issues that are not within the subject matter jurisdiction of the City Council.
8. A person having been ruled out of order by the presiding officer shall immediately conform to the orders of the presiding officer, and to the orders of any designated Sergeant at Arms acting under authority of law or by order of the presiding officer. Any person who refuses when ordered to conform to the rules of conduct is subject to being removed from the place of the meeting of the City Council by order of the presiding officer.
D. Prohibited Conduct. No person shall intentionally disrupt, disturb or interfere with the proceedings of a meeting of the City Council. A person shall be deemed to have intentionally disrupted, disturbed or interfered with the proceedings of a meeting of the City Council if the person refuses or does not come to order, after having been ruled out of order by the presiding officer, or refuses or does not comply with or obey the lawful order of any law enforcement officer engaged in restoring order upon the direction of the presiding officer of the City Council. A violation of this Subsection D is a misdemeanor which shall be punishable by a fine not to exceed $1,000, imprisonment in the county jail for up to six months, or both. (Prior Code 2-17.7; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2002- 9, Amended, 03/29/02)
001102801
01 /24/2023 D4 Page 18 of 21
Section 2.12.160 Persons Authorized to Approach Council Table No person, except City officials, their representatives and representatives of news gathering agencies shall be permitted to approach the Council table without the consent of the Council.
(Prior Code 2-17.8; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90) Section 2.12.170 Entry of Protests in Minutes
Any Council Member by request shall have the right to have the reasons for dissent from or protest against an action of the Council entered in the minutes. (Prior Code 2-17.9; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90) Section 2.12.180 Roll Call Votes
A roll call vote shall be taken upon the passage of all Ordinances and orders for the payment of money and shall be entered in the minutes of the City Council showing those Council Members voting for, those voting against, and those not voting or absent. Upon request of any Council Member, a roll call vote shall be taken and recorded on any action. (Prior Code 2-17.10; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90) Section 2.12.190 Relationship between Council and City Manager City Council is to deal through the City Manager. The City Council and its members shall deal with the administrative staff of the City only through the City Manager, except for the purpose of inquiry. Neither City Council nor any Council Member shall give orders to any subordinates of the City Manager.
(Prior Code 2-17.11; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90) Section 2.12.200 Smoking Prohibited in Council Chambers It shall be unlawful for any person to smoke tobacco in any form in the Council Chambers of the City Council.
(Prior Code 2-10.1, Ord. No. 75-25, Amended, 5/28/75)
Section 2.12.210 Posting of "No Smoking" Area
It shall be the duty and responsibility of the Director of Public Works to post or cause to be posted the area referred to in Section 2.12.020 as a "No Smoking" area by placing and maintaining signs stating "No Smoking" in conspicuous places within said area which are sufficient in size and form to communicate the intent of Section 2.12.200. (Prior Code 2-10.2, Ord. No. 75-25, Amended, 5/28/75)
Section 2.12.220 Failure to Post "No Smoking" Area
Section 2.12.200 shall not be enforced unless at least one "No Smoking" sign meeting the requirements of Section 2.12.210 is visible from all portions of said Council Chambers, and is in place at the time of the alleged violation.
001102801
01 /24/2023 D4 Page 19 of 21
(Prior Code 2-10.3, Ord. No. 75-25, Amended, 5/28/75)
Section 2.12.230 Violation of Section 2.12.200 — Penalty Any person who violates Section 2.12.200 is guilty of an infraction and upon conviction thereof shall be punishable according to the provisions of Section 1.16.010 of this code. (Prior Code 2-10.4; Ord. No. 75-25, Amended, 5/28/75)
Section 2.12.240 Ordinances, Resolutions
A. The provisions of Article 2 (Enactment) of Chapter 2 (Ordinances), Part 2 (Legislative Body), Division 3 (Officers), Title 4 (Government of Cities), of the California Government Code shall not apply within the chartered City of Vista except as follows: Sections 36933 (relating to the publication of ordinances), 36936.1 (relating to the fixing of tax rates), and 36937 (relating to the effective date of ordinances) shall continue to apply within the City as currently enacted and as they may be amended from time to time.
B. The enacting clause of ordinances shall be: "The people of the chartered City of Vista do ordain as follows:"
C. Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of a quorum of the City Council.
D. Ordinances receiving a four -fifths vote of the City Council at introduction shall be immediately adopted without further City Council action. Otherwise, ordinances shall not be adopted on the same day as their introduction unless one or more members of the City Council are unable to participate in the vote on an ordinance because of a declared conflict of interest, in which case a majority of a quorum shall be sufficient to immediately adopt the ordinance.
Ordinances may be adopted at any regular or special meeting of the City Council.
E. Procedural requirements mandated by specific state statutes constitutionally applicable to charter cities shall be followed where in conflict with the provisions of this chapter.
F. Insofar as they may be applicable, the provisions of this chapter shall also apply to and be deemed incorporated into the bylaws of the Community Development Commission of the City of Vista pursuant to Health & Safety Code Section 33204, and the subordinate commissions, boards, committees and advisory bodies of the City of Vista. (Ord. No. 2008-32, Added, 12/9/08; Ord. No. 2010-5, Amended, 5/11/10) Section 2.12.250 Robert's Rules of Order
The procedures prescribed in Robert's Rules of Order shall be modified as follows:
A. A motion to reconsider an action may be made only during the same meeting that the action was taken.
B. The number of votes required to rescind an action must be at least the same number of votes as were cast to approve the action being rescinded or a majority of the members of the City Council, whichever is less.
C. Final action on a quasi-judicial decision can only be taken through the adoption of a resolution and not by minute order or oral announcement. Final action taken on a quasi- judicial decision cannot be reconsidered or rescinded.
D. Abstentions shall be counted for purposes of determining a quorum except in the case of abstentions required by the Political Reform Act or other applicable law governing conflicts of interest. An action is approved by a majority vote consisting of more than one-half of the votes cast, excluding abstentions. No action shall be taken, however, without at least two 001102801
01 /24/2023 D4 Page 20 of 21
affirmative votes.
(Ord. No. 2008-32, Added, 12/9/08)
Section 2.12.260 Appointments to the San Diego Association of Governments The City Council shall recommend and a majority of the City Council shall appoint one of its members to serve on the Board of Directors of the San Diego Association of Governments ("SANDAG") and two of its members to serve as a first alternate and a second alternate. The appointed members shall serve until successor members are appointed by the City Council. 001102801
01 /24/2023 D4 Page 21 of 21
ADD TO PACKET
From: Nees Parch e
To: Public Camm N Dan O"DonnellCann Contreras K be Melmn Joe Green John FranMin subject: D4. Propo Charges to Munmpal Cn RAj ing AppoiiN t of Members MMe City Counol to Me San Diego r iaoon of c mama
Date: Tuesday, January 24, 20D t2:Mfi PM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Thank you,
Alexis Panchevre
■ Marlin Dr Vista, CA 92084
E2
From: Ana Lee
To: Dan O"Donnell; Public Comments; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 10:44:59 AM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Ana Bracamonte
-Vera Circle Vista CA 92084
Sent from my iPad
From: Andrea Colaan
To: Public Comments
Subject: Item N. Appointment to SANDAG
Date: Monday, January 23, 2023 1:52:43 PM
To Whom it May Concern:
I strongly disagree with the proposed per mile tax initiative for San Diego County and request that the City of Vista appoint a representative who disagrees as strongly as I do.
Further, SANDAG needs to deliver a realistic Public Transportation plan that will work for ALL cities and unincorporated areas of San Diego County, whilst supporting and maintaining the roadways and highway development to maintain and expand private transportation.
Thank you,
Andrea Colgan
From: Bc Garcia
To: Public Comments; Corinna Contreras; Katie Melendez; John Franklin; Dan O"Donnell; Joe Green Subject: are: D4015 . Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 9:50:17 AM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Barbara Garcia
Troy PI
ista, CA 92084
From: Nashelle Brown
To: Public Comments; Dan C"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 10:37:20 AM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Nashelle Brown
■ Carmel Circle
From: Christopher Colgan
To: Public Comments
Subject: Item D4: Appointment to SANDAG
Date: Monday, January 23, 2023 2:13:17 PM
> To Whom it May Concern:
> I strongly disagree with the proposed per mile tax initiative for San Diego County and request that the City of Vista appoint a representative who disagrees as strongly as I do. > Further, SANDAG needs to deliver a realistic Public Transportation plan that will work for ALL cities and unincorporated areas of San Diego County, while supporting and maintaining the roadways and highway development to maintain and expand private transportation. > Thank you,
> Chris Colgan
Sent from Chris Colgan's iPhone
From: Cii)riano Varaas
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras; Kathy Valdez Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 7:05:35 AM
Dear Mayor and Council Members,
As a lifelong resident of Vista, I know how important an equitable transportation plan is for our region.
I support changing the municipal code to allow city council to appoint a SANDAG representative. We need a leader who will be at the table discussing the critical needs for our community and ensuring our projects get the funding they need. We are expected to grow by over 10,000 in the next 10 years. Currently 86% of the Vista Workforce has to travel outside of Vista for work. What is our long term plan? Councilmember Melendez is the visionary leader we need who is best positioned to be a voice for our region. I strongly support this municipal code change and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Cipriano Vargas
From: Doris Calvo
To: Kathy Valdez
Subject: FW: Today"s council meeting
Date: Tuesday, January 24, 2023 9:54:54 AM
From: DM Wolfe
Sent: Tuesday, January 24, 2023 9:48 AM
To: Doris Calvo
Subject: Today's council meeting
As a tax payer and resident of San Marcos for the last 23 years I am requesting a fairer representation of our cities by adding your Major John Franklin to SANDAG as representative at this upcoming meeting. Thank you, Mrs. Wolfe
From:
To: Public Comments
Subject: Section 2.12.150C
Date: Tuesday, January 24, 2023 8:44:39 AM
Morning City of Vista and Sandag,
On behalf of Section 2.12.150C I strongly oppose your mileage tax. I do environmental work all over San Diego County, and this tax will decimate my already lower profit margins by the current registration fees, income tax, and gas tax. My line of work and my residence are not applicable to taking public transit so this tax will not benefit me. I personally don't know a single person who uses public transit either. You should put your focus on our crumbling roads which impacts all San Diegans, rather than a crumbling transit system with no profit or demand. This isn't SF or NYC this is 65 miles long and 86 mile wide county with greatly varying elevations. Since our tax dollars are underutilized on roads at the moment I would like to see our gas and registration tax be lowered so transportation can be more accessible and affordable for ALL San Diegans! Have a great day,
Dominick Peck
From:
Subject: sandag APPOINTMENT- MUNI APPT.
Date: Tuesday, January 24, 2023 12:35:16 PM
Dear Vista Mayor & Council members,
Please change the muni code to allow council to do the job they were elected to do for the people they represent... and allow city council to appoint a SANDAG representative that is not the Mayor's nomination.
Sincerely,
Felice Data
Vista, CA 92084
From:
Janis
To:
Public Comments
Subject:
Agenda item D4
Date:
Tuesday, January 24, 2023 9:09:09 AM
Dear Mayor and Council Members,
I support amending the municipal code to create a process for the recommendation and appointment of Vista's representatives to SANDAG.
Sincerely,
Janis Jones
Ocean View Drive
92084
Sent from my Whone
From: -
To: Public Comments
Subject: item d4
Date: Monday, January 23, 2023 2:15:49 PM
To Whom it May Concern:
I strongly disagree with the proposed per mile tax initiative for San Diego County and request that the City of Vista appoint a representative who disagrees as strongly as I do.
Further, SANDAG needs to deliver a realistic Public Transportation plan that will work for ALL cities and unincorporated areas of San Diego County, while supporting and maintaining the roadways and highway development to maintain and expand private transportation.
Thank you,
Jeff Montgomery
From: Mayor John Franklin
To: Public Comments
Subject: Public Comment
Date: Tuesday, January 24, 2023 11:08:16 AM
From: JOSEPH JAOUD
Sent: Tuesday, January 24, 2023 9:18 AM
To: Mayor John Franklin
Subject: Re: "Mileage -tax" at center of Vista SANDAG controversy Mr Mayor
Feel free to circulate my comments .
If I am not mistaken California is among the highest imposed gasoline tax as is.
It is utterly punitive to add another gasoline tax while inflation is raging and the economy is on on the verge of a Recession.
The Action that is required is for the Federal government to temporarily suspend the gasoline tax for a period of 6 to 12 month and the State of California should follow suit by cutting gasoline tax by 50 percent .
The refund of a few hundred dollars by the the State did not have hardly any impact and the way it was distributed was utterly inefficient ( Mailing a debit card for a One Time use) was cumbersome and expensive.
We need a real cut to bring about a downward inflationary trend The Layoffs by major Employers started and Recession signals are close.
I have lived Long enough and encountered multiple recessions during the last 60 years and I can readily state Recessions bring about social anxiety and pain.
Our large Economy does not tune easy unfortunately recovery usually takes about 7 to 10 years . Let us not be part of the problem but join in the solution.
Kindly do not get into a personal feud it is by far a most slippery track.
Do the Right thing . Thanks
Joe Jaoudi
Sent from my iPhone
From: John Carlin
To: Public Comments; Corinna Contreras; Katie Melendez; John Franklin; Dan O"Donnell; Joe Green Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 11:22:14 AM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination.
The mayor's views about how we approach sustainable and cleaner transportation are outdated. Widening the 78 will not solve the problems it is intended to solve. A milage tax will be necessary in the future as cars are electrified, opposing a mileage tax years before it would take effect it's just grandstanding and counter productive.
We need new thinking and a different approach than the failing policies of the past.
This rule change will help the city.
Sincerely,
John D. Carlin
From:
Kathryn Gould
To:
Public Comments
Subject:
Sandbag rep.
Date:
Tuesday, January 24, 2023 12:24:53 PM
Sent from my iPad please add my name to the comments being made by citizens about how to choose a representative for Sandag. I don't believe it should just be the mayor's choice. I think it should be a vote and if it's a non -council person who is the right person for the job I think that should be allowed. We must allow the forward motion of getting people out of their cars and increasing the amount of mass transit that we are creating in our area.
Thank you. Homeowner, Kathryn Gould, ■ Avalon Dr, Vista.
From: Jewelzee
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 9:15:01 AM
Dear Mayor and Council Members,
I support changing the municipal code to ALLOW the Vista City Council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is essential to me. I believe a representative decided by the council majority best demonstrates our city's commitment to democratic values and principles.
Our City needs reliable public transportation.
Kind regards,
Lina Newman
Resident of Vista
From: tiebate BallWar
To: Public Comments Dan O"Donnell Joe Green John Franklin Katie Melend Cann CoWeras Subject: E4. Poipod aangess to Municipal Cade Regarding Appoi�t of Membms 4Me City Counol to Me San Diego Association of C menu
Date: Tway, Jmmuy 24, 20D 9:02:37 AM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayors nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles. Contact me with any questions.
Thank you.
Best,
Lisbette Bahazar
simmer Cree Ct.
Vista, CA 92084
Sent from my Whone
From:
Livia Borak Beaudin
To:
Public Comments
Cc:
Dan 0"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject:
D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date:
Tuesday, January 24, 2023 12:27:34 PM
Attachments:
imaae001.pnno
Dear Mayor and Council Members,
I strongly support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles. I live in the tri-City area and do the majority of my shopping, driving, and recreating in the City of Vista. My home in Oceanside is less than a quarter mile from Vista and my children attend school in the Vista USD. Access to alternative modes of transportation is critical to my family, neighborhood, and community. On my daily commute to drop my son off at school, I often encounter unsafe traffic conditions. The heavy congestion around schools, as well as our community gathering places, with few opportunities for alternative transit, creates safety, health, air quality, and climate impacts.
Thank you in advance for your consideration of my comments.
Sincerely,
Livia Borak Beaudin (she/her)
Description: logo
Coast Law Group LLP
U 1140 South Coast Highway 101
Encinitas, California 92024
W 760.942.8505 x118
fax 760.942.8515
"Like music and art, love of nature is a common language that can transcend political or social boundaries." — Jimmy Carter
From:
Marco Gonzalez
To:
Public Comments
Subject:
D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date:
Tuesday, January 24, 2023 10:54:08 AM
Attachments:
imaae003.pnna
imaae006.ino
imaae002.pnna
imaae005.ino
Dear Mayor and Council Members,
The current method for selecting and ratifying Board representation at SANDAG does a complete disservice to voters of Vista, as is evident by the current stalemate. I strongly support changing the municipal code to allow a majority of the Council to appoint the City's SANDAG Board representative without requirement that the individual be nominated or otherwise selected by the Mayor. SANDAG's role in advancing sustainable and equitable transportation planning for our region is extremely important to me and maintaining a selection structure that results in the City of Vista not having representation on the Board is anathema to democratic values and principles.
Thank you for your consideration,
Marco Gonzalez
Marco A. Gonzalez
(he/him)
Managing Partner
Phone: (760) 942-8505 x102
Coast Law Group LLP
1140 S Coast Hwy. 101
Encinitas, CA 92024
From: Michael Tomaszewski
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 12:39:32 PM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Michael Tomaszewski
Pista
Avalon Dr.
, Ca. 92084
Sent from my Whone
From: michelleanne bradlev
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 12:20:15 PM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Michelleanne L Bradley
- Shadow Mountain Terrace, Vista, CA 92084
"I don't want to get to the end of my life and find that I lived just the length of it. I want to have lived the width of it as well."
- Diane Ackerman
From:
To: Public Comments
Subject: Item D4: SANDAG per mile tax
Date: Tuesday, January 24, 2023 6:16:47 AM
I'm writing as an Oceanside resident who is strongly opposed to this per mile tax. It is already difficult enough to provide for our families without an extra tax on how much we drive! Please consider how difficult it is to ride public transportation with my homeschooled kids and vote NO on this per mile tax!! -Stefanie servin
Sent from my Whone
From: Nanci Oechsle
To: Public Comments
Cc: Corinna Contreras; Katie Melendez; Dan 0"Donnell; John Franklin; Joe Green Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 11:12:08 AM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. Vista needs a representative that will actually work towards solutions that will last for decades to come.
SANDAG has put forth a very comprehensive plan to update our public transportation. The only solution to reducing GHG and congestion on our freeways is to encourage people to use public transportation. This isn't taking people's cars away from them! It's about giving people choices on how to get from one point to another.
You would think the naysayers, who love choice, would understand this. Many have purposely mislead our communities to think that this idea of a Vehicle Milage Tax (road charge) is a terrible, horrible, no good idea and yet many states are already doing it.
States Consider Mileage Tax as Nation Shifts to EVs
from the article "In Oregon and California, pilot programs have been underway for many years. Last year, California expanded its pilot program, which had given drivers mock bills to show what they would have owed.
Now Californians who agree to participate actually pay based on the number of miles they drove derived from odometer readings or GPS tracking and then are refunded for any gasoline taxes they paid." The bottom line is we have to find a way to fund not only the maintenance of our roadways, but also to update our public transportation.
The current model can't do either. I want a SANDAG representative who will look for solutions that are fact based instead of holding on to outmoded ideas like expanding highways.
Thank you,
Nanci Oechsle
she/her/hers
long standing Vista resident
From: James Riagenbach
To: Public Comments
Subject: D4, Proposed Changes to Municipal Code Regarding Appointment of Members to SANDAG Date: Monday, January 23, 2023 11:25:09 PM
Please change the rules on how SANDAG reps are chosen. One person should not be able to obstruct the rest of the council from selecting someone. Vista needs representation.
Thank you,
Jim Riggenbach, Vista Resident
- Madrid Dr.
From: S Ocally
To: Public Comments
Subject: Fwd: Item D4. Appointment to SANDAG
Date: Monday, January 23, 2023 1:42:12 PM
To Whom it May Concern:
I strongly disagree with the proposed per mile tax initiative for San Diego County and request that the City of Vista appoint a representative who disagrees as strongly as I do.
Further, SANDAG needs to deliver a realistic Public Transportation plan that will work for ALL cities and unincorporated areas of San Diego County, whilst supporting and maintaining the roadways and highway development to maintain and expand private transportation.
Thank you,
Sandra O'Callaghan
Local Concerned Citizen.
From: Sara Kent Ochoa
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 12:17:23 PM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates a commitment to democratic values and principles.
While it was likely not contemplated during the drafting of the municipal code that one elected official could hold the interests of the City of Vista hostage by refusing to appoint a representative supportable by the Council majority, this is clearly now the case. It is a disservice to Vista constituents, and the code should be updated so the city may be represented on this important regional board.
Thank you for your consideration.
Sincerely,
Sara Kent Ochoa
From:
Sarah Soinks
To:
Public Comments
Subject:
C4, D2, D3 & D4, ORAL COMMUNICATIONS
Date:
Tuesday, January 24, 2023 8:00:48 AM
Attachments:
PXL 20230121 210304675.ioa
PXL 20230121 210234975.ioa
Dear Mayor and Vista City Council,
First, Happy Anniversary to the City of Vista!
C4. Public Lemon Mural Approval - I am excited for this new piece of interactive public art to come to downtown Vista. Thank you to Traci Lawson for bringing this project to this corner of downtown Vista.
D2. Traffic Calming Techniques - I support calming traffic in the City of Vista and prioritizing the safety of people who walk and live in neighborhoods that need some help slowing down these cars. Today, in fact, a car speeding north on North Citrus where I live flipped me off while I was pulling into my driveway. I wish this was a rare occurrence, but it isn't. Cars go absurdly fast down the narrow little street we live on and it is especially concerning because of all the Vista Magnet Middle School students who walk both two and from school. People use the neighborhood as a cut through, which is fine, but so many are not cutting through at a safe speed.
Sometimes I wonder if exploring the idea of making old, narrow streets like N. Citrus into one way directional streets could be a solution, and at the same time increasing parking options for neighbors. I remember attending a meeting when a consultant talked about how street parking actually increases pedestrian safety.
Other ideas for my street would be speed humps or more frequent stop signs - I would suggest placing one at the intersection of Washington and N. Citrus. I also think the crosswalks at intersections where neighborhoods and major arterial roads meet (such as N. Citrus and Vista Village) need something more to protect pedestrians in the crosswalks. I have been nearly run over countless times in the crosswalk I use daily - including a time I was almost run over by a City of Vista vehicle. The crosswalks at Vista Village & Civic Center and North Santa Fe & California Ave need to be repainted, especially because they are so often used by children.
In summary, I support whatever needs to happen to make walking safer and slowing cars down in neighborhoods.
D3. Green Bike Lanes - I support investing in bike infrastructure and think green bike lanes are beautiful. I look forward to Vista moving in this direction and investing in creating a community where more people get out of their cars. (I can't wait for the Rail Trail to finally be completed!)
D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments - I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination.
The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
ORAL COMMUNICATIONS
Please see attached photos of VHB graffiti all over the Creek Walk in Vista Village. I would like to suggest allocating funding in the future to install public art as a solution to prevent future vandalism at this site. A mixture of mosaic and murals would be a nice addition to this area where families and friends meet, people walk pets and children are often having their portraits taken. The area is so beautiful and full of so much potential and it is so sad to see it look this way. Another suggestion would be to program music events (like jazz, singer/songwriter type genre) to help positively activate the space and create a deeper sense of community stewardship.
Thank you for your attention.
Sincerely,
Sarah Spinks
■ N. Citrus Ave
From: S Ocally
To: Public Comments
Subject: Fwd: Item D4. Appointment to SANDAG
Date: Monday, January 23, 2023 1:41:04 PM
To Whom it May Concern:
I strongly disagree with the proposed per mile tax initiative for San Diego County and request that the City of Vista appoint a representative who disagrees as strongly as I do.
Further, SANDAG needs to deliver a realistic Public Transportation plan that will work for ALL cities and unincorporated areas of San Diego County, whilst supporting and maintaining the roadways and highway development to maintain and expand private transportation.
Thank you,
Sean O'Callaghan
Local Concerned Citizen.
From: Tania"s Yahoo
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governmen
Date: Tuesday, January 24, 2023 9:20:06 AM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Tania Yager
From: Wendy Sustachek
To: Public Comments; Dan C"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 12:07:20 PM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Wendy Sustachek
■ Alta Vista Dr Vista Ca
From:
Robin Williams
To:
Public Comments
Cc:
John Franklin External
Subject:
Item D4 Appointments to SANDAG Jan 24 Meeting
Date:
Monday, January 23, 2023 7:00:52 PM
Hello Vista City Council,
We are writing in regard to the appointment to SANDAG. We oppose the SANDAG gas -tax and would like you to appoint a representative that will OPPOSE this per -mile gas tax. We are already over -taxed. SANDAG has not done the projects for which we have previously been taxed. As our elected representatives, we are asking that you do everything in your power to oppose this tax. You are our voice to SANDAG. We are unable to attend the meeting in person due to work and family obligations.
Thank you,
Doug and Robin Williams (life-long residents of Vista)
■ Vale View Dr
Vista, CA 92081
Item D4
Public Comment Received by voice mail on 1/24/2023
Marla Zanelli stated that taxing individuals on miles that they have to drive to make a living is discriminatory. This will impact uber and other independent contract drivers, gardeners, construction workers, real estate agents and anyone else that has to drive for their job. It is wrong and it is not fair.
From:
Doris Calvo
To:
Kathy Valdez
Subject:
Call Re Discussion Item 4
Date:
Tuesday, January 24, 2023 10:34:06 AM
Ted Horner,- Alta Vista Drive, lives in District 2 read what Councilmember Melendez wants to do on 5 cents tax on everyone's mileage.
Mr. Horner agrees with the 5 cent tax on everyone's mileage but only apply to everyone in the Councilmember Melendez district D 3. Mr. Horner is a amputee wears an artificial leg and walking is difficult and has to drive his car to be mobile.
I_IQ31hCOMEAT81 loll
From: ! Ia Sand¢
To: Public Cammen6Dm O"Donnell Joe Green Jahn FanMin' I e Melend Cann CDINera Subject: D4. Pmpo d Changes W Municipal Cade Regarding AppoiiN t of Memb 4Me City Counol to Me San Diego r iaoon do mmr
Date: Tuesday, Jmuury 24, 20D 2:3145 PM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Adela Sanchez
Barsby Street
is a, CA 92084
D4
From:
Danni Crews
To:
Public Comments
Subject:
SANDAG
Date:
Tuesday, January 24, 2023 1:54:24 PM
I WOULD LIKE OUR MAYOR APPOINTED TO THE SANDAG COMMITEE. I WOULD BE HAPPY WITH MR. GREEN AS WELL. ANYONE BUT KATIE MELENDEZ. SHE DOES NOT REPRESENT MY FAMILY OR MYSELF WITH HER RIDICULOUS VIEWS.
Danni Crews
Optician
North County Laser Eye Associates
1905 Calle Barcelona Suite 208
Carlsbad, Ca. 92009
(760)930-9696
SUBJECT: D4-PROPOSED CHANGES TO MUNICIPAL CODE REGARDING APPOINTMENT OF MEMBERS OF THE COUNCIL TO THE SAN DIEGO ASSOCIATION OF GOVERMENTS.
Recommended Action: Introduce and adopt City Council Ordinance No. 2023-entitled "An Ordinance of the Chartered City of Vista, California, Amending Chapter 2.12 of the Vista Municipal Code Regarding Appointments to the San Diego Association of Governments." Honorable Mayor John B. Franklin
Honorable Deputy Mayor Corrina Contreras
Honorable Councilmember Joe Green
Honorable Councilmember Katie Melendez
Honorable Councilmember Dan O'Donnell
I am very concerned about proposed changes in how the City of Vista representative to SANDAG board is appointed. Mayors are elected by a majority of citizens, while councilmembers are chosen by a subset of citizens in each of the four districts. This is one reason why Mayors have been the traditional City representatives at SANDAG.
From various articles in the local and regional newspapers, I gather that the proposed changes are triggered by the desire to have or not have a representative fully committed to the SANTAG milage tax proposal.
This is a very ill-conceived tax. We don't need any tax increases as we are already paying the highest gasoline prices in the country! Vista is a bedroom community where people commute to work. That's a lot of added mileage tax for Vistians.
Furthermore, advocacy for public transit does not imply supporting an ill-conceived mileage tax. I am all in favor of urban renewal and new developments planned for maximizing public transportation. However, this regressive tax punishes working people who need to commute to jobs outside Vista or on the other side of the city.
It does not matter the tax won't be effective until 2030, or that eventually it will be decided by voters. What counts is the negative concept of taxing as the easy way-out of hard decisions.
I oppose changing the current practice for nominating a representative to the SANDAG board. Alternatively, I support the nomination of a council member who is not a declared supported of the mileage tax.
Respectfully submitted,
Francis Dumler
District 4
January 24t", 2023
From: Frank Paynter
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 1:24:42 PM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Frank Paynter
MCatalina Ave
Vista, CA 92084
From: Jackie"s Main Email
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 1:08:15 PM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
iJa ueline Ferguson
Uiento Ct
Vista, CA 92081
Vista Homeowner
From: Karina Jarquin
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 2:28:47 PM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Karina Jarquin
"Georgia Ln.
ista, CA. 92083
Sent from my iPhone
From: Kathryn Gould
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 12:45:51 PM
Dear Mayor and Council Members,
I support changing the municipal code to ALLOW the Vista City Council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is essential to me. I believe a representative decided by the council majority best demonstrates our city's commitment to democratic values and principles.
Kind regards,
Kathryn Gould
Vista Home Owner
Kathryn Gould
CA Originals by Kathryn
From: Melissa (null)
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 1:37:33 PM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Melissa Ortega
11Yacon St.
1sta CA 92083
Sent from my Whone
From: Patrick Emaus
To: Public Comments; Dan O"Donnell; Joe Green; John Franklin; Katie Melendez; Corinna Contreras Subject: D4. Proposed Changes to Municipal Code Regarding Appointment of Members of the City Council to the San Diego Association of Governments
Date: Tuesday, January 24, 2023 2:12:28 PM
Dear Mayor and Council Members,
I support changing the municipal code to allow city council to appoint a SANDAG representative that is not the Mayor's nomination. The crucial vote to advance a sustainable and equitable transportation plan for our region is important to me, and I believe a representative decided by council majority best demonstrates our city's commitment to democratic values and principles.
Sincerely,
Pat Emaus
- Bobolink Dr. Vista 92083
From:
Vin Vin
To:
Public Comments
Subject:
2023-1-24 Agenda Item D4 - Proposed changes to muni code re appointment Date:
Tuesday, January 24, 2023 1:52:58 PM
City Council Members,
I am a long time resident of Vista and appreciate the hard work that our council members and city staff do each day.
I understand currently, council appointments to outside organizations are recommend by the Mayor and ratified (or not) by at least a majority of the Council. This process does not fully consider all potential scenarios, such as when the majority of council members are not in agreement with the mayor on appointments (regardless of who occupies the seats).
Such as impasse recently resulted in a lack of action, and identified a need for procedural improvement. The propose action item D4 accomplishes this and would rectifying an unintended consequence of the current process through deference to a council majority (again, regardless of who occupies those council seats). A city must not result in gridlock —a procedural conclusion is necessary for good governance. I strongly recommend that the council approve the proposed municipal code amendment.
Thank you.
Vince Gin