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Vista City Council
April 11, 2023

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Minutes
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April 11, 2023
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Vista City Council
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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
APRIL 11, 2023

The April 11, 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 5:00 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 5:01 p.m. and called for a Closed Session for the following:

CS1. Conference with Legal Counsel – Anticipated Litigation pursuant to Government Code Section 54956.9(d)(4): (CC)

Number of potential cases: 11

RECESS, OPEN SESSION, AND CALL TO ORDER
Mayor Franklin recessed the Closed Session at 5:13 p.m. and called the meeting to order in Open Session at 5:30 p.m. with all members present.

DEPARTMENT REPRESENTATIVES PRESENT
Walter Chung City Attorney
John Conley City Manager
John Boyce Sheriff’s Captain
Roy Palmer Interim Fire Chief
Kathy Valdez City Clerk
Patsy Chow Acting Community Development Director
Greg Mayer Acting Engineering Department Director
Dolores Gascon Human Resources Director
Mike Pacheco Recreation and Community Services Director Kuna Muthusamy Public Works Director
Mike Sylvia Finance Director

PLEDGE OF ALLEGIANCE
Councilmember Green led the Pledge of Allegiance.

MOMENT OF SILENCE
Mayor Franklin asked for a moment of silence in honor of Leea Pronovost, a Senior Citizens Advisory Commissioner who unexpectedly passed away over the weekend.

INVOCATION
Fayaz Nawabi, Tri City Islamic Center, provided the invocation.

CONSOLIDATED MINUTES
APRIL 11, 2023
2 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
City Manager John Conley stated there are no changes to the agenda.

CONSENT CALENDAR
Councilmember Melendez recognized Stacey Sills, her recommendation to fill an unscheduled vacancy on the Community Safety Commission.

Deputy Mayor Contreras stated she would like to see the Kites Over Vista program expand.

MOTION BY MELENDEZ, SECOND BY CONTRERAS, TO APPROVE THE FOLLOWING CONSENT CALENDAR.

MOTION CARRIED 5-0

C1. Received the February 2023 check register. (CC)

C2. Approved the March 28, 2023, Consolidated Meeting Minutes. (CC/CDC/SA/BSD)

C3. Adopted City Council Resolution No. 2023-46, entitled “A Resolution of the City Council of the Chartered City of Vista, California, awarding a contract to CJC Construction Consulting, Inc. for as-needed construction management services”; adopted City Council Resolution No. 2023- 47, entitled “A Resolution of the City Council of the Chartered City of Vista, California, awarding a contract to Project Professionals Corporation for as-needed construction management services”; and adopted City Council Resolution No. 2023-48, entitled “A Resolution of the City Council of the Chartered City of Vista, California, awarding a contract to Valley CM, Inc. dba Valley Construction Management for as-needed construction management services.” (CC) C4. Adopted City Council Resolution No. 2023-49, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving the Public Arts Commission's selected "Kites Over Vista" for display.” (CC)

C5. Confirmed Councilmember Melendez’s recommendation to appoint Stacey Sills to fill an unscheduled vacancy on the Community Safety Commission. (CC)

ORAL COMMUNICATIONS
Joe Houde spoke regarding the need for more climate action efforts.

PUBLIC HEARING
PH1. APPEAL FOR SMOKE SHOP AT 1745 E. VISTA WAY, SUITES 3-5 (P22-0401) (CC) Prior to the meeting, Mayor Franklin inquired whether or not he had a conflict based on campaign contributions by the applicant prior to January 1, 2023; the City Attorney opined that he did not have a conflict.

Mayor Franklin opened the Public Hearing.

Acting Community Development Director Patsy Chow provided the staff report.

Roy Yousif and Shawn Maddox each presented on the proposed smoke shop.

CONSOLIDATED MINUTES
APRIL 11, 2023
3 The following individuals spoke in favor of the smoke shop:

Margarito Paz Linda Sabatini Luis Porraz
Sierra Nanninga Raven Kneass

Sherry Spears stated concerns about litter from the business on her property.

Erica Leary, North Coastal Prevention Coalition, spoke in opposition to the smoke shop.

City Council Members and staff discussed the following:
• There are a lot of tobacco retailers in the City
• Discuss a moratorium of tobacco retail licenses at a future meeting (Contreras, O’Donnell, Melendez)
• Concerns about ingress and egress to the property
• Parking appears to be full a good deal of the time; staff park off site; the number of available spaces exceeds the requirement
• Addition of a condition requiring two separate driveways (one for ingress and one for egress); prohibit left turns from the parking lot
• Addition of a condition requiring the applicant to ensure the area is kept free of litter • The applicant uses blue light and Meadow software to check for fake identification • Addition of a condition requiring the applicant to make educational literature on the harms of tobacco available to customers

MOTION BY GREEN, SECOND BY CONTRERAS, TO CLOSE THE PUBLIC HEARING AND ADOPT CITY COUNCIL RESOLUTION NO. 2023-50, DENYING THE APPEAL AND GRANTING A SPECIAL USE PERMIT TO ESTABLISH A SMOKE SHOP AT 1745 E. VISTA WAY, SUITES 3-5 (APN 173-070-40-00) WITH ADDITIONAL CONDITIONS OF APPROVAL.

MOTION CARRIED 5-0

DISCUSSION
D1. DEPARTMENT HEAD HIRING POLICY UPDATE (CC)
Human Resources Department Director Dolores Gascon provided the staff report.

Jim Riggenbach provided his opinion and suggestions on the item.

City Council Members and staff discussed the following:
• Scheduling panels may be difficult; staff will do their best to have as many of the identified panelists participate as possible
• Three panels will be set up consisting of members of each of the three groups. • Each panel will use the same rating process, but will likely have different questions to ask • This new process will take considerably longer to fill positions; there are currently four out of ten Department Director positions open

The following Stakeholder Panelists were added to the respective positions:
• Assistant City Manager - Internal Homelessness Working Group, Vista Climate Action Planners • City Clerk – Secretary to the City Council, Planning Commissioner • Community Development Director – CDBG Citizens Advisory Committee, Vista Unified School District, Assistant City Manager
• Economic Development Director – VFFA Charity representative • Engineering Director – Vista Climate Action Planners, Assistant City Manager • Human Resources Director – Leadership Academy Alumni, CVBID Advisory Board, Vista

CONSOLIDATED MINUTES
APRIL 11, 2023
4 Unified School District
• Public Works Director – Vista Climate Action Planners, Assistant City Manager • Recreation & Community Services – Assistant City Manager

PROVIDED STAFF WITH DIRECTION ON STAKEHOLDER PANELISTS FOR DEPARTMENT DIRECTOR RECRUITMENTS.

VOTE: NO VOTE

D2. EXPANDING RECREATIONAL YOUTH OPPORTUNITIES (CC)
Deputy Mayor Contreras introduced the item.

The following individuals spoke in favor of expanding opportunities for youth:

Rudy Moreno
Jim Riggenbach

City Council Members and staff discussed the following:
• There is a big need for, and benefit to providing, recreational and other opportunities for youth • The Linda Rhoades Community Center and fields are not fully utilized; there are no lights on the field
• Interest in expanding the opportunity for boxing; look at the potential of building out the Linda Rhoades Community Center for a boxing program
• The Linda Rhoades Community Center is through a joint use agreement with Vista Unified School District; VUSD would need to approve of any changes • Scholarships are important
• City recreation programs are being expanded
• Other programs and services need to be offered/expanded as well, not just sports programs • Staff are currently working on an RFP for a Needs Analysis of recreation programs and facilities

MOTION BY CONTRERAS, SECOND BY MELENDEZ, TO DIRECT STAFF TO

TAKE A PRELIMINARY LOOK AT A BUILD OUT FOR BOXING AT THE LINDA

RHOADES COMMUNITY CENTER AND BRING BACK THE FINDINGS ALONG

WITH THE RESULTS OF THE COMPREHENSIVE NEEDS ANALYSIS OF PARKS AND RECREATION FACILITIES AND SERVICES.

VOTE: 5-0

ORAL COMMUNICATIONS
Mayor Franklin stated there are no requests to speak.

REMARKS
City Manager John Conley announced the Townsite Complete Streets Project groundbreaking will take place on April 26 at 11 am in front of New Haven Youth and Family Services at 216 West Los Angeles Drive.

Councilmember O’Donnell stated he attended the League of California Cities meeting; the League is looking over bills that have been introduced and provided a report on military retirees.

Councilmember Melendez announced that she is on the CEA Board recruitment subcommittee for a new CEO and that Friday’s SANDAG meeting includes the public safety and a review of the CEO.

Deputy Mayor Contreras stated she participated in NCTDs Strategic Plan Workshop; the Pronto app is

CONSOLIDATED MINUTES
APRIL 11, 2023
5 getting updates and they are moving to open loop payments. She reminded everyone that the Wednesday trash pickup is still happening.

Councilmember Green stated he attended the Regional Solid Waste Authority Meeting where they discussed several bills, including SB 1347 which will eliminate paper receipts, and the start of fines for Tier 1 producers beginning January 1, 2024.

Councilmember Green recognized Patsy Chow for her hard work.

Mayor Franklin made the following announcements:
•Our Recreation Department offers summer day camps at Brengle Terrace Park from June 12 through August 12 and at the Rancho Buena Vista Adobe during the month of June. Spots fill up quickly, so register early. Get more information at vistarecreation.com. •Alta Vista Botanical Gardens is having a free Earth Day event on April 22. There are activities for kids and adults between 9 am and 3 pm. Visit altavistabotanicalgardens.org for information.

ADJOURNMENT
Mayor Franklin adjourned the meeting in honor of the memory of Leea Pronovost at 9:01 pm. ____________________________________
Kathy Valdez, City Clerk

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