VISTA CITY COUNCIL (CC) BUENA SANITATION DISTRICT (BSD) COMMUNITY DEVELOPMENT COMMISSION (CDC)
SUCCESSOR AGENCY TO THE VISTA REDEVELOPMENT AGENCY (SA) JOINT POWERS FINANCING AUTHORITY (JPFA)
CITY OF VISTA
CONSOLIDATED MEETING MINUTES
FEBRUARY 28, 2023
The February 28, 2023, Regular Meeting of the City Council of the Chartered City of Vista, the Community Development Commission of the City of Vista, the Buena Sanitation District, and the Successor Agency to the Vista Redevelopment Agency, was called to order by Mayor Franklin at 4:30 pm in the City Council Chambers, 200 Civic Center Drive, Vista, California.
COUNCIL MEMBERS PRESENT
Mayor John Franklin, Deputy Mayor Corinna Contreras
Joe Green, Katie Melendez, Dan O’Donnell
RECESS, CALL FOR CLOSED SESSION
Mayor Franklin recessed the meeting at 4:31 p.m. and called for a Closed Session for the following:
CS1. Public Employment pursuant to Government Code Section 54957: (CC)
Title of Position to be Filled: City Manager
RECESS, OPEN SESSION, AND CALL TO ORDER
Mayor Franklin recessed the Closed Session at 5:34 p.m. and called the meeting to order in Open Session at 5:35 p.m. with all members present.
DEPARTMENT REPRESENTATIVES PRESENT
Walter Chung City Attorney
Amanda Lee Acting City Manager
John Boyce Sheriff’s Captain
Roy Palmer Interim Fire Chief
Craig Usher Deputy Fire Chief
Kathy Valdez City Clerk
John Conley Director of Community Development and Engineering Dolores Gascon Human Resources Director
Larry Vaupel Economic Development Director
Mike Pacheco Recreation and Community Services Director Kuna Muthusamy Public Works Director
Mike Sylvia Finance Director
PLEDGE OF ALLEGIANCE
Deputy Mayor Contreras led the Pledge of Allegiance.
INVOCATION
Pastor Chris Brown provided the invocation.
BROWN ACT NOTICE
City Clerk Kathy Valdez stated that, due to convening simultaneous meetings, the Buena Sanitation District Board Members will receive compensation of $147.75 for the District meeting.
APPROVAL OF AGENDA
Acting City Manager Amanda Lee stated Item C14 is being removed from the agenda and will be brought back at a future date.
CONSOLIDATED MINUTES
FEBRUARY 28, 2023
2 CLOSED SESSION
City Attorney Walter Chung stated John Conley is appointed City Manager subject to a contract being approved in open session (Vote: 3-2).
PRESENTATION
P1. Mayor Franklin and the entire City Council presented a proclamation declaring Wednesday, March 1, 2023, as “Norm Halus Day in the City of Vista.”
CONSENT CALENDAR
MOTION BY GREEN, SECOND BY MELENDEZ, TO APPROVE THE
FOLLOWING CONSENT CALENDAR.
MOTION CARRIED 5-0
C1. Received the January 2023 check register. (CC)
C2. Approved the following minutes: February 14, 2023, Consolidated Meeting (CC/CDC/SA/BSD) February 15, 2023, Special Meeting (CC)
C3. Received and filed attached Treasurer’s Cash Report for the month ending December 31, 2022. (CC) C4. Adopted City Council Resolution No. 2023-13, entitled “A Resolution of the City Council of the Chartered City of Vista, California, establishing gift limitations in accordance with Chapter 2.33 of the Vista Municipal Code.” (CC)
C5. Adopted City Council Resolution No. 2023-14, entitled “A Resolution of the City Council of the Chartered City of Vista, California, authorizing the Mayor to accept an Irrevocable Offer to Dedicate Real Property for the Sunset Drive Realignment (APN 168-030-44-00).” (CC) C6. Adopted City Council Resolution No. 2023-15, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving the Memorandum of Agreement (MOA) with North County Transit District for the Pedestrian Crossing at the Vista Transit Center and authorizing the Mayor to execute the MOA.” (CC)
C7. Adopted City Council Resolution No. 2023-16, entitled “A Resolution of the City Council of the Chartered City of Vista, California, authorizing and approving the summary vacation of a public sewer easement at APN 161-052-02-00.” (CC)
C8. Adopted City Council Resolution No. 2023-17, entitled “A Resolution of the City Council of the Chartered City of Vista, California, authorizing and approving the summary vacation of a public sewer easement at APN 164-205-25-00.” (CC)
C9. Adopted City Council Resolution No. 2023-18, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving the Fiscal Year 2023-24 Caltrans Sustainable Transportation Planning Grant Application and authorizing the City Manager or their designee to sign related documents.” (CC)
C10. Adopted City Council Resolution No. 2023-19, entitled “A Resolution of the City Council of the Chartered City of Vista, California, authorizing State of California Cannabis Equity Act grant funding.” (CC)
CONSOLIDATED MINUTES
FEBRUARY 28, 2023
3 C11. Adopted City Council Resolution No. 2023-20, entitled “A Resolution of the City Council of the Chartered City of Vista, California, authorizing the renewal of an agreement to participate in the San Diego County HOME Consortium for Fiscal Year 2024/25, with an automatic renewal to participate in Fiscal Years 2025/26 and 2026/27.” (CC)
C12. Approved the 2023 Legislative Platform and Legislative Policy Objectives. (CC)
C13. Adopted City Council Resolution No. 2023-21, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving the Fiscal Year 2023-24 DOT FTA AoPP Program grant application and authorizing the City Manager or their designee to sign related documents.” (CC)
C14. This item was removed from the agenda.
PUBLIC HEARING
PH1. APPEAL OF P22-0181, N. SANTA FE APARTMENTS (CC)
Mayor Franklin opened the Public Hearing.
Community Development Director John Conley introduced Michael Ressler, Principal Planner, who provided the staff report.
Stephan Gaspar, Kire Builders, Inc. provided a presentation of the project.
Rachel Beld, Vista Chamber of Commerce, voiced her support of the project.
The following members of the public provided recommendations for the project:
Joe Houde John Bottorff, Clean Earth 4Kids.org
City Council Members and staff discussed the following:
• The anticipated cost of units is able to be lower than other sites due to having less amenities • This is a property rights issue; the project meets all requirements as presented by the applicant • There are limited amenities and resources in the area • Can ask the applicant to consider different or additional amenities; don’t want to mandate any changes
MOTION BY GREEN, SECOND BY MELENDEZ, TO CLOSE THE PUBLIC HEARING AND ADOPTED CITY COUNCIL RESOLUTION NO. 2023-23, ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED
CITY OF VISTA, CALIFORNIA, APPROVING THE APPEAL AND APPROVING A SITE DEVELOPMENT PLAN TO DEVELOP A 36-UNIT APARTMENT
COMPLEX AND ASSOCIATED SITE IMPROVEMENTS ON AN
APPROXIMATELY 1.3-ACRE SITE LOCATED AT 1304 N. SANTA FE AVENUE (APN 161-251-30-00),” AND ADD A CONDITION THAT THE APPLICANT RECONSIDER THE AMENITIES PROVIDED IN THE PROJECT.
MOTION CARRIED 5-0
PH2. AMEND CHAPTER 2.12 OF THE VISTA MUNICIPAL CODE TO CHANGE THE DATE AND
TIMES FOR THE CITY COUNCIL WORKSHOPS (CC)
Mayor Franklin opened the Public Hearing.
City Attorney Walter Chung provided the staff report.
CONSOLIDATED MINUTES
FEBRUARY 28, 2023
4 MOTION BY GREEN, SECOND BY CONTRERAS, TO CLOSE THE PUBLIC HEARING AND INTRODUCE AND ADOPT CITY COUNCIL ORDINANCE NO. 2023-6, ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 2.12 OF
THE VISTA MUNICIPAL CODE REGARDING CITY COUNCIL WORKSHOP DATES AND TIMES.”
MOTION CARRIED 5-0
DISCUSSION
D1. PENALTIES FOR RETAILERS FOR TOBACCO SALES TO MINORS (CC) Councilmember Melendez introduced the item.
The following members of the public voiced their support of stiffer penalties:
Jennifer Gill Grissel Rosales DeCampo Maria Lopez Erica Leary Damian Sanchez Debbie Matthews Daniel Ventura Vanessa Forsythe Yesenia Hernandez John Bottorff Suzanne Hume Yael Castillo
City Council Members and staff discussed the following:
• Add fines to the penalty schedule, starting at $750 and doubling each time; increase length of suspension for second and third offenses and revocation on the fourth offense • Retailers need to be held accountable; review and strengthen the policy • Explore limiting the number of retailers
MOTION BY MELENDEZ, SECOND BY CONTRERAS, TO DIRECT STAFF TO
DRAFT AN ORDINANCE THAT INCORPORATES ENHANCED PENALTIES
BASED ON THE COMMENTS MADE BY COUNCIL TO BE BROUGHT BACK AT A FUTURE MEETING.
VOTE: 5-0
D2. APPOINTMENTS OF OFFICIALS TO SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) (CC)
Deputy Mayor Contreras introduced the item.
The following members of the public voiced their opinions and support for Mayor Franklin serving on the SANDAG Board of Directors:
Diane Manning Chris Baldwin Kelsi McCreedy Tanika Ivorri Armen Kurdian Terry Constantine Leo Ledesma TJ Crossman Denisse Barragan
The following members of the public voiced their opinions and support for Councilmember Melendez serving on the SANDAG Board of Directors:
Ann Force Jake Crevoiserat Joe Houde Jorge Viramontes Sean Ellis Christopher Allen Javier Santizn Jesse Garcia Gabrielle Jackson Justin Domicillo Vanessa Forsythe Rebecca Medici Gretchen Newsom Gloria Rosario Conejo Fox John Bottorff Anna de Neef Doug Hicks Carol Kim Suzanne Hume Yesenia Hernandez James Riggenbach Cipriano Vargas Sarah Spinks
City Council Members and staff discussed the following:
• Conflicts of interest are self-policing; only the FPPC can provide an opinion. No City Council members reported a conflict of interest.
• Differing opinions about the proposed Vehicle Miles Traveled (VMT) tax, the need for public transportation improvements, and SANDAG’s TransNet implementation record
CONSOLIDATED MINUTES
FEBRUARY 28, 2023
5 • Support requirement of 2/3 public approval to adopt new taxes • Opposition to double taxation of gas tax and VMT tax
• Who would best serve as the primary representative and alternate representatives
MOTION BY CONTRERAS, SECOND BY MELENDEZ, TO APPOINT
MELENDEZ AS THE PRIMARY REPRESENTATIVE.
VOTE: 3-2, FRANKLIN AND GREEN OPPOSED
MOTION BY CONTRERAS, SECOND BY MELENDEZ, TO APPOINT
O’DONNELL AS THE FIRST ALTERNATE AND FRANKLIN AS THE SECOND ALTERNATE AND ADOPT CITY COUNCIL RESOLUTION NO. 2023-24, ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED
CITY OF VISTA, CALIFORNIA, APPOINTING A REPRESENTATIVE AND
FIRST AND SECOND ALTERNATE REPRESENTATIVES TO THE BOARD OF
DIRECTORS OF THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
(SANDAG); AND DIRECTED STAFF TO POST THE CHANGES ON THE
WEBSITE ON CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION (FPPC) FORM 806 IN COMPLIANCE WITH FPPC REGULATION
18705.5.”
VOTE: 5-0
D3. A RESOLUTION OPPOSING CERTAIN TRANSPORTATION TAXES AND FEES (CC) This item was withdrawn by Mayor Franklin.
D4. A RESOLUTION TO ABOLISH THE GAS TAX (CC)
Councilmember Melendez introduced the item.
The following members of the public voiced their opinion regarding the gas tax:
Joe Houde Justin Domicillo Fox Gretchen Newsom
Councilmember Melendez made a motion, and Deputy Mayor Contreras seconded, to adopt the resolution provided in the agenda packet.
Mayor Franklin made a substitute motion to include action items “a” and “b” from a resolution he presented. Councilmember Green seconded the motion. Other City Council members stated they needed more time to review and consider the items. A vote was taken on whether to consider the substitute motion; the item failed with Contreras, Melendez, and O’Donnell opposed.
MOTION BY MELENDEZ, SECOND BY CONTRERAS, TO ADOPT CITY
COUNCIL RESOLUTION NO. 2023-25, ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA ABOLISHING THE GAS TAX.
VOTE: 5-0
D5. RELATIONSHIP BETWEEN COUNCIL AND CITY MANAGER (CC)
Deputy Mayor Contreras introduced the item.
Member of the public Justin Domicillo voiced his opinion.
City Council Members and staff discussed the following:
• City Council members should only provide criticism of an employee to the City Manager, not directly to the employee
CONSOLIDATED MINUTES
FEBRUARY 28, 2023
6 • Staff should be encouraged to report any concerns they have about how a City Council member treats them
• The City Council is responsible for determining how a fellow member is disciplined; there is not a policy addressing this
• Staff notifies their supervisor/Director, who then notifies the City Manager, if they have been approached by a City Council member
• City Council members may inquire with City staff, but are not to provide direction to staff • Interest in exploring policy or best practices
DISCUSSED THE VISTA MUNICIPAL CODE SECTION 2.12.190,
RELATIONSHIP BETWEEN COUNCIL AND THE CITY MANAGER.
VOTE: NO VOTE
D6. CITY STAFFING UPDATE (CC)
Mayor Franklin introduced the item.
Gabe Arango, Vista City Maintenance Association, spoke regarding City employee wages.
City Council Members and staff discussed the following:
• Look at salaries at neighboring cities as well as inflation; determine economic impact • Explore other ways to attract and keep employees
• Support for increasing wages if financially feasible
• Need to conduct an economic analysis and stress test analysis
DISCUSSED CITY EMPLOYEE SALARY INCREASES IN COMPARISON TO
LOCAL INFLATION AND DIRECTED STAFF TO CONDUCT AN ECONOMIC
AND STRESS TEST ANALYSIS BASED ON COMMENTS MADE BY THE CITY COUNCIL.
VOTE: NO VOTE
ORAL COMMUNICATIONS
Joe Houde spoke regarding the City’s climate action plan.
Gabriel Jacobs spoke regarding the Camino Largo Development.
Michael Jacobs spoke regarding the Camino Largo Development.
Justin Domicillo spoke regarding City Council behavior.
REMARKS
Acting City Manager Amanda Lee made the following announcements:
• Recreation is offering a new class for kids called “Kids in the Kitchen.” Classes start on March 10 and will be held on Fridays for four weeks. Visit vistarecreation.com for information. • Each Monday, the City sends out an e-newsletter containing news for the week. It contains information about city news, recreation programs, community information, and more. I encourage everyone to signup for it by visiting cityofvista.com/enews.
City Council members congratulated John Conley and thanked Amanda Lee for serving as Acting City Manager.
CONSOLIDATED MINUTES
FEBRUARY 28, 2023
7 Councilmember O’Donnell announced that his Town Hall meeting scheduled for March 5 has been moved to March 19.
Councilmember Melendez stated she supports providing more updates to the public on the Climate Action Plan, she thanked staff and residents for attending the Mobile Home Park Town Hall meeting, and she announced that Read Across America is tomorrow.
Deputy Mayor Contreras encouraged individuals to contact her with any problems, concerns, or ideas and reminded everyone that there will be a Mobility Workshop on April 6 at 6:00 pm.
Councilmember Green acknowledged Fred Tracy and Kuna Muthusamy and stated that he will be participating in Read Across America as well.
Mayor Franklin made the following announcements:
•The Vista Sheriff’s Station is hosting a Coffee with the Community event on March 2, from 9 am to 11 am at Archer’s Arrow Coffee House, 170 Main Street. The public is invited to chat and visit with the station’s command staff, meet the deputies, and crime prevention specialists. •The Economic Development Department is going to offer a new service to Vista businesses called Size Up Vista. This new web-based service at cityofvista.com will provide businesses with data analysis. There will be a free webinar on March 24 at 9 a.m. To get more information on these and other news items, visit cityofvista.com/news.
ADJOURNMENT
Mayor Franklin adjourned the meeting at 12:05 am.
____________________________________
Kathy Valdez, City Clerk