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
JUNE 13, 2023
The June 13, 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, Dan O’Donnell
Katie Melendez arrived at 4:42 pm
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. Conference with labor negotiators as follows, pursuant to Government Code Section 54957.6: (CC)
Agency Representatives: John Conley, City Manager Walter Chung, City Attorney
Dolores Gascon, Human Resources Director
Anna Semenov, Principal Human Resources Analyst
Roy Palmer, Interim Fire Chief
Employee Organization: Vista Chief Officers Association (VCOA)
CS2. Conference with labor negotiators as follows, pursuant to Government Code Section 54957.6: (CC)
Agency Representatives: John Conley, City Manager
Walter Chung, City Attorney
Dolores Gascon, Human Resources Director
Anna Semenov, Principal Human Resources Analyst
Roy Palmer, Interim Fire Chief
Employee Organization: Vista Fire Fighters Association, Local 4107 (VFFA)
RECESS, OPEN SESSION, AND CALL TO ORDER
Mayor Franklin recessed the Closed Session at 5:29 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
John Conley City Manager
John Boyce Sheriff’s Captain
Roy Palmer Interim Fire Chief
Kathy Valdez City Clerk
CONSOLIDATED MINUTES
JUNE 13, 2023
2 Greg Mayer Acting Engineering Department Director
Patsy Chow Acting Community Development Director
Dolores Gascon Human Resources Director
Larry Vaupel Economic Development Director
Mike Pacheco Recreation and Community Services Director Mike Sylvia Finance Director
PLEDGE OF ALLEGIANCE
Councilmember O’Donnell led the Pledge of Allegiance.
INVOCATION
Pastor Alfredo Tienda, Temple La Hermosa, 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
City Manager John Conley stated there are no changes to the agenda.
PRESENTATION
P1. Mayor Franklin and the members of the City Council presented a proclamation congratulating the Vista Chamber of Commerce on its 100th year anniversary to Executive Director Rachel Beld and members of the Chamber Board.
CONSENT CALENDAR
Mayor Franklin announced that Items C7, Traffic Calming and Speed Hump Policy Updates; Item C8, Notice of Availability of Surplus Land in the City of Vista Pursuant to California Government Code § 54220, ET SEQ. (APN 175-2323-25-00 and APN’s 175-221-08 and 175-221-29-00); and Item C11, Appointments to Various City Commissions, Boards, and Committees, are being removed from the Consent Calendar for discussion by Councilmember Contreras.
MOTION BY CONTRERAS, SECOND BY O’DONNELL, TO APPROVE THE FOLLOWING CONSENT CALENDAR.
MOTION CARRIED: 5-0
C1. Received the April 2023 check register. (CC)
C2. Approved the following minutes: May 23, 2023, Consolidated Meeting (CC/CDC/SA/BSD) May 17, 2023, Special Meeting (CC)
June 1, 2023, Workshop Meeting (CC)
C3. Adopted City Council Resolution No. 2023-89, entitled “A Resolution of the City Council of the Chartered City of Vista, California, awarding a contract to Gold Coast Surveying, Inc. for as- needed engineering survey services”; adopted City Council Resolution No. 2023-90, entitled “A Resolution of the City Council of the Chartered City of Vista, California awarding a contract to NV5, Inc. for as-needed engineering survey services”; and adopted City Council Resolution No. 2023-91, entitled “A Resolution of the City Council of the Chartered City of Vista, California, awarding a contract to Right-of-Way Engineering Services, Inc. for as-needed engineering survey services.” (CC)
CONSOLIDATED MINUTES
JUNE 13, 2023
3 C4. Adopted City Council Resolution No. 2023-92, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving an agreement with Orion Construction Corporation for design/build services for the Monte Mar Storm Drain Improvements Project (CIP No. 8905).” (CC)
C5. Adopted City Council Resolution No. 2023-93, entitled “A Resolution of the City Council of the Chartered City of Vista, California, adopting the Fiscal Year 2023/24 SB 1 Road Repair and Accountability Act Project List.” (CC)
C6. Adopted City Council Resolution No. 2023-94, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving a Final Map for a 15-lot single-family residence subdivision located immediately north of Olive Avenue, between Winter Road to the west and Granada Drive to the east (APNs 162-493-30-00 and 162-493-31-00).” (CC)
C7. Mayor Franklin announced that this item was removed from the Consent Calendar for discussion.
C8. Mayor Franklin announced that this item was removed from the Consent Calendar for discussion.
C9. Adopted City Council Resolution No. 2023-99, entitled “A Resolution of the City Council of the Chartered City of Vista, California, delegating investment authority to the City Treasurer for Fiscal Year 2023/24 and revising City Council Policy 700-07, Investment of City Funds.” (CC)
C10. Adopted City Council Resolution No. 2023-100, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving the Fiscal Year 2023/24 budget of the Encina Wastewater Authority in accordance with the revised basic agreement of the Encina Joint Powers Authority.”; and adopted Buena Sanitation District Resolution No. 2023-2, entitled “A Resolution of the Board of Directors of the Buena Sanitation District, Vista, California, approving the Fiscal Year 2023/24 budget of the Encina Wastewater Authority in accordance with the revised basic agreement of the Encina Joint Powers Authority.” (CC/BSD)
C11. Mayor Franklin announced that this item was removed from the Consent Calendar for discussion.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
C7. TRAFFIC CALMING AND SPEED HUMP POLICY UPDATES (CC) Traffic Engineer Sam Hasenin provided the staff report.
City Councilmembers and staff discussed the following:
• The Fire Department reviews requests for speed humps early on in the process to provide input • All requests, and action taken, are tracked
• State law determines speed limit; there have been some recent changes to the process
Deputy Mayor Contreras requested a future City Council item on the City’s ability to lower speed limits.
Mayor Franklin stated he does not agree with some of the changes to the policy related to speed humps.
MOTION BY FRANKLIN, SECOND BY GREEN, TO DIVIDE THE QUESTION AND VOTE SEPARATELY ON EACH RESOLUTION.
MOTION CARRIED: 3-2 (CONTRERAS AND MELENDEZ OPPOSED)
CONSOLIDATED MINUTES
JUNE 13, 2023
4 MOTION BY CONTRERAS, SECOND BY MELENDEZ, TO ADOPTED CITY COUNCIL RESOLUTION NO. 2023-95, ENTITLED “A RESOLUTION OF THE CITY
COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CITY COUNCIL POLICY 600-13, TRAFFIC CALMING PROGRAM.”
MOTION CARRIED: 5-0
MOTION BY CONTRERAS, SECOND BY MELENDEZ, TO ADOPTED CITY COUNCIL RESOLUTION NO. 2023-96, ENTITLED “A RESOLUTION OF THE CITY
COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CITY COUNCIL POLICY 600-07, CRITERIA AND PROCEDURES FOR INSTALLATION OF SPEED HUMPS.”
MOTION CARRIED: 4-1 (FRANKLIN OPPOSED)
C8. NOTICE OF AVAILABILITY OF SURPLUS LAND IN THE CITY OF VISTA PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54220, ET SEQ. (APN 175-2323-25-00 AND APN’S 175-221-08 AND 175-221-29-00) (CC)
Homeless Services Program Manager Jonathan Lung provided the staff report.
Member of the public Joe Houde gave his opinion on the use of City owned land.
City Council members and staff discussed the following:
• Preference to have ground leases; not sell land
• This process is required by the State; will enable the development of affordable housing on the land; does not commit the City to a project
• Need to look at best use/public benefit of each site
MOTION BY CONTRERAS, SECOND BY MELENDEZ, TO ADOPTED CITY COUNCIL RESOLUTION NO. 2023-97, ENTITLED “A RESOLUTION OF THE CITY
COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY IDENTIFIED AS 902 VISTA VILLAGE DRIVE (APN 175-223-25-00) IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH
DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING CERTAIN RELATED ACTIONS”; AND ADOPTED CITY COUNCIL RESOLUTION NO. 2023- 98, ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED
CITY OF VISTA, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY IDENTIFIED AS APNS 175-221-28-00 AND 175-221-29-00 IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S
USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING CERTAIN RELATED ACTIONS.”
MOTION CARRIED: 5-0
CONSOLIDATED MINUTES
JUNE 13, 2023
5 C11. APPOINTMENTS TO VARIOUS CITY COMMISSIONS, BOARDS, AND COMMITTEES (CC) Deputy Mayor Contreras made a motion to confirm Councilmembers Melendez and O’Donnell’s recommendations of appointment.
MOTION BY FRANKLIN, SECOND BY GREEN, TO APPROVE ALL
RECOMMENDATIONS.
MOTION FAILED: 2-3 (CONTRERAS, MELENDEZ, AND O’DONNELL OPPOSED)
In response to the question of why she does not support Mayor Franklin’s recommended appointment, Deputy Mayor Contreras stated she does not support a political nomination.
Mayor Franklin and Councilmember Green stated the full City Council should support those that volunteer to serve the community regardless of their political affiliation, that the CDBG Citizens Advisory Committee is not political, and highlighted the nominee’s involvement in the community, including serving on the Vista Chamber of Commerce.
MOTION BY CONTRERAS, SECOND BY O’DONNELL TO CONFIRM THE
APPOINTMENTS RECOMMENDED BY COUNCILMEMBERS MELENDEZ AND O’DONNELL.
MOTION CARRIED: 4-1 (GREEN ABSTAINED)
ORAL COMMUNICATIONS
Joe Houde spoke regarding climate changes.
Chuck Yingst spoke regarding an outstanding issue he addressed in a letter to Code Enforcement.
PUBLIC HEARING
PH1. AMENDING VISTA MUNICIPAL CODE CHAPTER 8.24 RELATING TO FOOD
VENDING VEHICLES (CC)
Mayor Franklin opened the Public Hearing.
Economic Development Director Larry Vaupel provided the staff report.
The following individuals spoke in support of the proposed changes:
Vince Obarsky Traci Lawson, Public Lemon
Lisa Deju, CVBID/Guadalupe Brewery Juan Rojas, Rojas Catering
The following individuals spoke in opposition of the proposed changes:
Zozimo Sanchez Frank Lopez
Esteban Sanchez
City Council Members and staff discussed the following:
• There has not been much input from restaurants
• If food trucks are in the BID area, look at whether some sort of fee should be assessed • The change will allow food trucks on private property as longs as it does not impede traffic or take up all of the parking spaces
• Studies show food trucks do not hurt restaurants
CONSOLIDATED MINUTES
JUNE 13, 2023
6 MOTION BY CONTRERAS, SECOND BY GREEN, TO CLOSE THE PUBLIC HEARING AND INTRODUCE AND ADOPT CITY COUNCIL ORDINANCE NO. 2023-8, ENTITLED “AN ORDINANCE OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 8.24 OF THE VISTA MUNICIPAL CODE REGARDING FOOD VENDING VEHICLES.”
MOTION CARRIED: 4-1 (FRANKLIN OPPOSED)
PH2. COLLECTION OF DELINQUENT 2022 WEED ABATEMENT CHARGES (CC) Mayor Franklin opened the Public Hearing.
MOTION BY GREEN, SECOND BY CONTRERAS, TO CLOSE THE PUBLIC HEARING AND ADOPT CITY COUNCIL RESOLUTION NO. 2023-101, ENTITLED, “A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED
CITY OF VISTA, CALIFORNIA, APPROVING AND CONFIRMING A REPORT
AND ACCOUNT FOR ABATEMENT OF WEEDS, SHRUBS, DEAD TREES, AND WASTE MATTER FOR FISCAL YEAR 2022/23, AND ORDERING THE
ASSESSMENT OF UNPAID CHARGES.”
MOTION CARRIED: 5-0
PH3. COLLECTION OF DELINQUENT SEWER SERVICE CHARGES (CC/BSD) Mayor Franklin opened the Public Hearing.
MOTION BY GREEN, SECOND BY MELENDEZ, TO CLOSE THE PUBLIC HEARING AND ADOPT CITY COUNCIL RESOLUTION NO. 2023-102, ENTITLED, “A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING LIENS ON ASSESSOR’S
PARCELS WITHIN THE CITY OF VISTA TO BE COLLECTED WITH THE GENERAL PROPERTY TAXES ON THE FISCAL YEAR 2023/24 TAX ROLL FOR UNPAID SEWER SERVICE CHARGES”; AND BUENA SANITATION DISTRICT RESOLUTION NO. 2023-3, ENTITLED, “A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE BUENA SANITATION DISTRICT,
APPROVING LIENS ON ASSESSOR’S PARCELS WITHIN THE CITY OF VISTA
TO BE COLLECTED WITH THE GENERAL PROPERTY TAXES ON THE FISCAL YEAR 2023/24 TAX ROLL FOR UNPAID SEWER SERVICE
CHARGES.”
MOTION CARRIED: 5-0
PH4. LEVY OF ASSESSMENTS FOR FISCAL YEAR 2023/24 (CC)
Mayor Franklin opened the Public Hearing.
MOTION BY GREEN, SECOND BY O’DONNELL, TO CLOSE THE PUBLIC HEARING AND ADOPT CITY COUNCIL RESOLUTION NO. 2023-103, ENTITLED, “A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED
CITY OF VISTA, CALIFORNIA, PROVIDING FOR THE ANNUAL ASSESSMENT LEVY OF THE CITY OF VISTA LANDSCAPE AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2023/24”; ADOPT CITY COUNCIL RESOLUTION NO. 2023-104, ENTITLED, “A RESOLUTION OF THE CITY COUNCIL OF THE
MOTION CONTINUED ON NEXT PAGE
CONSOLIDATED MINUTES
JUNE 13, 2023
7 MOTION CONTINUED FROM PREVIOUS PAGE
CHARTERED CITY OF VISTA, CALIFORNIA, PROVIDING FOR THE ANNUAL
ASSESSMENT LEVY OF THE CITY OF VISTA STREET MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2023/24”; AND ADOPT CITY COUNCIL RESOLUTION NO. 2023-105, ENTITLED, “A RESOLUTION OF THE CITY
COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, PROVIDING
FOR THE ANNUAL ASSESSMENT LEVY OF THE SOUTH MELROSE DRIVE LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 2023/24.”
MOTION CARRIED: 5-0
PH5. LEVY OF DELINQUENT FISCAL YEAR 2022/23 PROPERTY RELATED
ADMINISTRATIVE CITATION CHARGES (CC)
Mayor Franklin opened the Public Hearing.
MOTION BY GREEN, SECOND BY CONTRERAS, TO CLOSE THE PUBLIC HEARING AND ADOPT CITY COUNCIL RESOLUTION NO. 2023-106, ENTITLED, “A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING LIENS ON ASSESSOR’S
PARCELS WITHIN THE CITY OF VISTA TO BE COLLECTED WITH THE GENERAL PROPERTY TAXES ON THE FISCAL YEAR 2023/24 PROPERTY
TAX ROLL FOR DELINQUENT PROPERTY RELATED ADMINISTRATIVE CITATIONS.”
MOTION CARRIED: 5-0
PH6. LEVY OF DELINQUENT MANDATORY TRASH CHARGES FOR FISCAL YEAR 2022/23 (CC) Mayor Franklin opened the Public Hearing.
MOTION BY CONTRERAS, SECOND BY GREEN, TO CLOSE THE PUBLIC HEARING AND ADOPT CITY COUNCIL RESOLUTION NO. 2023-107, ENTITLED, “A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING LIENS ON ASSESSOR’S
PARCELS WITHIN THE CITY OF VISTA TO BE COLLECTED WITH THE GENERAL PROPERTY TAXES ON THE FISCAL YEAR 2023/24 PROPERTY
TAX ROLL FOR DELINQUENT REFUSE COLLECTION SERVICE FEES AND COLLECTION CHARGES.”
MOTION CARRIED: 5-0
DISCUSSION
D1. FISCAL YEARS 2022/23 AND 2023/24 CAPITAL PROJECT MID-CYCLE UPDATE (CC/BSD) Finance Department Director Mike Sylvia introduced Budget Manager Sara Taylor who provided the staff report.
City Council Members and staff discussed the following:
• Whether a roundabout (included in the budget) or stoplight is best at Bobier/Calle Jules; which is safer, what the community wants
• Desire to add asphalt berms to protected bike lanes; estimated cost of $450,000 • Desire to add a complete streets project for Longhorn Dr/Melrose Dr
CONSOLIDATED MINUTES
JUNE 13, 2023
8 MOTION BY O’DONNELL, SECOND BY CONTRERAS, TO ADOPT CITY COUNCIL RESOLUTION NO. 2023-108, ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, AMENDING THE CAPITAL PROJECT BUDGET FOR FISCAL YEARS 2022/23 AND
2023/24”; ADOPT BUENA SANITATION DISTRICT RESOLUTION NO. 2023-4, ENTITLED “A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE BUENA SANITATION DISTRICT, AMENDING THE CAPITAL PROJECT BUDGET FOR FISCAL YEARS 2022/23 AND 2023/24”; AND DIRECTED
STAFF TO IDENTIFY FUNDING FOR BIKE LANE ASPHALT BERMS AND A LONGHORN/MELROSE COMPLETE STREETS PROJECT.
VOTE: 3-2 (FRANKLIN AND GREEN OPPOSED)
D2. CITY COUNCIL DISCRETIONARY FUNDING (CC)
Councilmember Melendez introduced the item.
City Council Members and staff discussed the following:
• Concern that allowing funds to be used for communication will become campaigning tool • The FPPC has rules in place prohibiting the use of government funds for campaigning and has guidelines to follow to ensure compliance
• Policy can require review by staff to ensure it meets applicable laws and is consistent with City Council goals
• If funds are used for communication, whether the Mayor’s budget should be larger than the individual City Council members since the Mayor’s communications would go to the entire City • Advertisements would not be allowed
• All communication should have a disclaimer stating the funding source used • Items that might be allowable under a discretionary account; discuss at a future meeting
Motion by Councilmember Melendez, second by Councilmember O’Donnell, to amend City Council Policy 100-17 to include communication with members of the public on issues or matters affecting the City in accordance with City Council goals to be reviewed by the City Attorney in relation to all applicable laws and to be approved by the City Manager for consistency with City Council Goals.
Substitute Motion by Mayor Franklin, second by Councilmember Green, that includes Councilmember Melendez’s motion as well as options for equivalent per resident quantity of funding for communication, a potential regulation applying the same regulations applicable to US mail to digital communications, and limitations on internet advertisement.
Vote on whether to consider the substitute motion failed: 1-3-1 (Contreras, Melendez, O’Donnell opposed; Green abstained)
Councilmember Melendez amended her original motion to include disclosures on electronic messaging; O’Donnell accepted the amendment.
MOTION BY MELENDEZ, SECOND BY O’DONNELL, TO DIRECT STAFF TO AMEND CITY COUNCIL POLICY 100-17 TO INCLUDE COMMUNICATION WITH
MEMBERS OF THE PUBLIC ON ISSUES OR MATTERS AFFECTING THE CITY IN
ACCORDANCE WITH CITY COUNCIL GOALS TO BE REVIEWED BY THE CITY
ATTORNEY IN RELATION TO ALL APPLICABLE LAWS, TO BE APPROVED BY THE
CITY MANAGER FOR CONSISTENCY WITH CITY COUNCIL GOALS, WITH
APPROPRIATE DISCLOSURE ON DIGITAL COMMUNICATIONS OF THE FUNDING SOURCE USED FOR THAT COMMUNICATION.
VOTE: 4-1 (FRANKLIN OPPOSED)
CONSOLIDATED MINUTES
JUNE 13, 2023
9 ORAL COMMUNICATIONS
Mayor Franklin stated there are no requests to speak.
REMARKS
Councilmember O’Donnell congratulated Senator Catherine Blakespear on her open house on June 12 and the Vista Chamber of Commerce on their 100th Anniversary, and announced that he will be hosting a Town Hall in the near future to discuss the Burlington Coat Factory site. He recognized Scott Rait for his work on identifying a fireworks provider and wished his wife a happy anniversary.
Councilmember Contreras thanked everyone for the great discussion and stated she is looking forward to the food trucks.
Councilmember Green also congratulated Senator Blakespear on her office and announced that Congressman Levin did an interview with him for his Councilman’s Corner and that on May 29 he became a grandpa to his second grandchild.
Mayor Franklin made the following announcements:
•The City’s 53rd annual Independence Day Celebration will go on this year on July 4–with fireworks! Brengle Terrace Park will open at 7 am on the Fourth, and the Moonlight Amphitheatre opens its gates at 5 pm. There is a $5 admission charge for the Moonlight. Entertainment on the Moonlight stage starts at 7:35 pm with the Cassie B Project. The fireworks are at 9 pm.
Because there is no charge for parking at Brengle Terrace Park this year, we encourage everyone who wishes to enjoy the fireworks show in the park to arrive early.
ADJOURNMENT
Mayor Franklin adjourned the meeting at 11:11 pm.
____________________________________
Kathy Valdez, City Clerk