Council Meeting

DocuSign Envelope ID: 9A3EB7A2-B919-469E-B3A4-B3473DEB1C37 CLOSED SESSION 4:00 PM Regular Session CALL TO ORDER Roll Call: Garcia, Garcia, Martinez, Morasco, White ORAL COMMUNICATIONS Robroy Fawcett – Expressed concern regarding the federal funds rate. CLOSED SESSION I. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54956.8) Property: 272 E. Via Rancho Pkwy, Escondido City Negotiators: Sean McGlynn, City Manager, Michael McGuinness, City Attorney, or designees Negotiating Parties: (i) Larry Green, L. Green Investment & Development, LLC; (ii) Kimberly Brewer, Unibail-Rodamco-Westfield; (iii) D. Scott Carr, Transformco; (iv) Maura Brancaccio, Costco Wholesale Corporation Under Negotiation: Terms of lease and REA II. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Government Code § 54956(d)(1)) a. In re National Prescription Opiate Litigation United States District Court, Northern District of Ohio, Eastern Div. Case No. 1:17-MD-2804 b. City of Escondido v. All Interested Persons in the Matter of the Issuance and Sale of Pension Obligation Bonds etc. (Validation Action) San Diego Superior Court Case No. 37-2022-00025425-CU-PT-NC c. Touchstone MF Fund I, LLC v. City of Escondido, et. al. San Diego Superior Court Case No. 37-2020-00020856-CU-BC-NC ADJOURNMENT Mayor White adjourned the meeting at 4:50 p.m. ______________________________ _______________________________ MAYOR CITY CLERK February 8, 2023 Escondido City Council Minutes Page 1 of 7 DocuSign Envelope ID: 9A3EB7A2-B919-469E-B3A4-B3473DEB1C37 REGULAR SESSION 5:00 PM Regular Session MOMENT OF REFLECTION City Council agendas allow an opportunity for a moment of silence and reflection at the beginning of the evening meeting. The City does not participate in the selection of speakers for this portion of the agenda, and does not endorse or sanction any remarks made by individuals during this time. If you wish to be recognized during this portion of the agenda, please notify the City Clerk in advance. FLAG SALUTE The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting. CALL TO ORDER Ceremonial Swearing In: Christian Garcia, City Council District 3 Roll Call: Garcia, Garcia, Martinez, Morasco, White PROCLAMATIONS Black History Month CLOSED SESSION REPORT ORAL COMMUNICATIONS Nancy Burian – Expressed concern regarding pop-up tent businesses in Escondido. CONSENT CALENDAR Motion: J. Garcia; Second: Morasco; Approved: 5-0 1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) - 2. APPROVAL OF WARRANT REGISTER (COUNCIL) - Request the City Council approve the City Council and Housing Successor Agency warrant numbers:  370143 – 370365 dated January 18, 2023 February 8, 2023 Escondido City Council Minutes Page 2 of 7 DocuSign Envelope ID: 9A3EB7A2-B919-469E-B3A4-B3473DEB1C37  370366 – 370571 dated January 25, 2023 Staff Recommendation: Approval (Finance Department: Christina Holmes) 3. APPROVAL OF MINUTES: Special Meetings of January 25, 2023 and January 30, 2023 4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS – 5. APPROVAL TO ANNEX PROPERTY TO CITYWIDE SERVICES COMMUNITY FACILITIES DISTRICT (CFD) 2020-1, ZONE 8 Request the City Council adopt Resolution No. 2023-15 annexing seven (7) projects containing 16 units into the Citywide Services CFD 2020-1. Each property owner has provided a signed form consenting to annexation as a streamlined method for offsetting the cost of ongoing municipal services. (File Number 0850-20) Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services) Presenter: Andrew Firestine a) Resolution No. 2023-15 6. AMENDMENT AND READOPTION OF CITY COUNCIL RULES AND PROCEDURES Request the City Council adopt Resolution No. 2023-19, amending the City Council Rules of Procedure for City Council meetings and City Council Policies to change Section A.7 to allow for a council member motion and second before further consideration of an agenda item. (File Number 0610-90) Staff Recommendation: Approval (City Attorney's Office: Michael R. McGuinness, City Attorney) Presenter: Michael R. McGuinness a) Resolution No. 2023-19 CONSENT RESOLUTIONS AND ORDINANCES (COUNCIL/RRB) The following Resolutions and Ordinances were heard and acted upon by the City Council/RRB at a previous City Council/Mobilehome Rent Review meeting. (The title of Ordinances listed on the Consent Calendar are deemed to have been read and further reading waived.) 7. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, APPROVING A PREZONE TO PLANNED DEVELOPMENT-RESIDENTIAL AND MASTER AND PRECISE DEVELOPMENT PLAN FOR A 102-UNIT CONDOMINIUM DEVELOPMENT February 8, 2023 Escondido City Council Minutes Page 3 of 7 DocuSign Envelope ID: 9A3EB7A2-B919-469E-B3A4-B3473DEB1C37 Approved on January 11, 2023 with a vote of 4/0 a) Ordinance No. 2023-03 (Second Reading and Adoption) PUBLIC HEARINGS 8. CONWAY RESIDENTIAL SUBDIVISION (CONTINUED) Request the City Council adopt Resolution No. 2023-06, approving a Tentative Subdivision Map, Annexation/Reorganization, and Grading Exemption, for a 56-unit residential subdivision located at 916, 942, and 943 Stanley Avenue, and 2005 – 2175 Conway Drive (odd-numbered addresses only) (“Project”). The request also includes the adoption of a Final Mitigated Negative Declaration prepared for the Project pursuant to the California Environmental Quality Act. (File Number 0800-10) Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services) Presenter: Adam Finestone, City Planner a) Resolution No. 2023-06 John Kay – Expressed support for this item. David Ferguson – Expressed support for this item. David Drake – Expressed opposition to this item. Tom Kennedy – Expressed opposition to this item. Greg Quist – Expressed opposition to this item. Kelsey Quist – Expressed opposition to this item. Brigdget Keefer – Expressed opposition to this item. Carla Romo – Expressed opposition to this item. Armando Romo – Expressed opposition to this item. Karen Begin – Expressed support for this item. Barry Baker – Expressed support for this item. February 8, 2023 Escondido City Council Minutes Page 4 of 7 DocuSign Envelope ID: 9A3EB7A2-B919-469E-B3A4-B3473DEB1C37 Paul Krupka – Expressed opposition to this item. Cindy Quist – Expressed opposition to this item. Pamela Stahl – Expressed opposition to this item. Motion to approve the project with the condition that the moving costs be increased to $5,000 and the tenant vacation to 90-days: Martinez; Second: J. Garcia; Approved: 4-1 (White – No) CURRENT BUSINESS 9. TRUNK SEWER REPLACEMENT PROJECT: BID AWARD, CONSULTING AGREEMENTS, AND BUDGET ADJUSTMENT Request the City Council take the following actions: Adopt Resolution No. 2023-12, authorizing the Mayor to execute a Public Improvement Agreement in the amount of $8,482,904.64 with Southland Paving, Inc., the lowest responsive and responsible bidder, for construction of the Trunk Sewer Replacement Project (“Project”); Adopt Resolution No. 2023-13, authorizing the Mayor to execute a Consulting Agreement in the amount of $1,402,240 with Arcadis U.S., Inc. for construction management services for the Project; Adopt Resolution No. 2023-14, authorizing the City Manager to execute a Consulting Agreement in the amount of $155,560 with Infrastructure Engineering Corporation for engineering services during construction of the Project; and approve a Budget Adjustment in the amount of $9,400,000. (File Number 0600- 10; A-3441-a, A-3441-b, A-3441-c) Staff Recommendation: Approval (Utilities Department: Christopher W. McKinney, Deputy City Manager/Director of Utilities) Presenter: Angela Morrow, Deputy Director of Utilities/Construction and Engineering a) Resolution No. 2023-12 b) Resolution No. 2023-13 c) Resolution No. 2023-14 Bob Wise – Expressed support for this item. Motion: Martinez; Second: J. Garcia; Approved: 5-0 FUTURE AGENDA 10. FUTURE AGENDA The purpose of this item is to identify issues presently known to staff or which members of the February 8, 2023 Escondido City Council Minutes Page 5 of 7 DocuSign Envelope ID: 9A3EB7A2-B919-469E-B3A4-B3473DEB1C37 City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed. Staff Recommendation: None (City Clerk's Office: Zack Beck) Councilmember Morasco – Overview of street Vendors business licenses, tax collection and grocery carts. COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS Councilmember Martinez – Attended a San Diego County Water Authority Board Meeting. Councilmember Morasco – Attended the Building Industry Association Installation Ceremony. Deputy Mayor Joe Garcia – Attended a Clean Energy Alliance Board Meeting. Attended the New Mayor and Councilmember League of California Cities Conference. Councilmember Christian Garcia – Thanked the community for the opportunity to serve. Mayor White - Attended the New Mayor and Councilmember League of California Cities Conference. CITY MANAGER’S WEEKLY ACTIVITY REPORT The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development. This report is also available on the City’s website, www.escondido.org. ORAL COMMUNICATIONS Yusef Miller – Requested more affordable, inclusionary housing be built and that pesticides not be used in Escondido. Naeem Miller – Expressed concern regarding pesticides, toxins and secondhand smoke in the community. Suzanne Hume – Thanked the City for permitting a Clean Earth 4 Kids evet at Kit Carson Park. Requested the City Council not permit the use of gas-powered leaf blowers and pesticides in Escondido. John Bottorff – Requested the City Council adopt a Building Electrification Ordinance. ADJOURNMENT February 8, 2023 Escondido City Council Minutes Page 6 of 7 DocuSign Envelope ID: 9A3EB7A2-B919-469E-B3A4-B3473DEB1C37 Mayor White adjourned the meeting at 7:30 p.m. ______________________________ _______________________________ MAYOR CITY CLERK February 8, 2023 Escondido City Council Minutes Page 7 of 7