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Council Meeting

Regular Meeting

Escondido, CA · November 15, 2023

PacketMinutes

Minutes

DocuSign Envelope ID: 371D2EC3-C213-465B-98A5-28497B3BA44D CLOSED SESSION 4:00 PM CALL TO ORDER 1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White ORAL COMMUNICATIONS None. CLOSED SESSION I. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) a. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Police Officers’ Association Sworn Personnel Bargaining Unit b. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Police Officers’ Association Non-Sworn Personnel Bargaining Unit c. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Firefighters’ Association Safety Personnel and Non-safety Personnel Bargaining Unit d. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido City Employees’ Association Supervisory Bargaining Unit e. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Maintenance and Operations Bargaining Unit and Administrative/ Clerical/Engineering Bargaining Unit, Teamsters Local 911 f. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Police Management Association (Unrecognized) Bargaining Unit November 15, 2023 Escondido City Council Minutes Page 1 of 10 DocuSign Envelope ID: 371D2EC3-C213-465B-98A5-28497B3BA44D II. CONFERENCE WITH LEGAL COUNSEL--PENDING LITIGATION (Government Code §54956.9(d)) a. Linda Braaksma v. City of Escondido, et al. San Diego Superior Court Case No. 37-2022-00011999-CU-PO-NC b. Building Industry Association of SD County v. City of Escondido San Diego Superior Court Case No. 37-2021-00008423-CU-MC-NC c. Claim of Escondido North, LLC re: Ash Street Subdivision Fee Protest (per § 54956.9(e)(3)) III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) a. Property: 272 E. Via Rancho Pkwy, Escondido (North County mall) b. Agency Negotiator: Sean McGlynn, City Manager, or designee c. Negotiating Parties: Steerpoint Capital d. Under Negotiation: Price and Terms of Ground Lease ADJOURNMENT Mayor White adjourned the meeting at 4:30 p.m. ______________________________ _______________________________ MAYOR CITY CLERK November 15, 2023 Escondido City Council Minutes Page 2 of 10 DocuSign Envelope ID: 371D2EC3-C213-465B-98A5-28497B3BA44D 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 meeting to be led by the City Clerk. The City does not endorse, sponsor or sanction any particular religion and any remarks made are to allow all individuals to personally reflect, contemplate, pray, or meditate as they deem appropriate. FLAG SALUTE The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting. CALL TO ORDER Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White CLOSED SESSION REPORT ORAL COMMUNICATIONS None. CONSENT CALENDAR Motion to approve items 1-10: Morasco; Second: Martinez; 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:  378218 – 378422 dated October 25, 2023  378423 – 378598 dated November 01, 2023 Staff Recommendation: Approval (Finance Department: Christina Holmes) 3. APPROVAL OF MINUTES: Regular meetings of October 25, 2023 and November 1, 2023 4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS – November 15, 2023 Escondido City Council Minutes Page 3 of 10 DocuSign Envelope ID: 371D2EC3-C213-465B-98A5-28497B3BA44D 5. BID AWARD FOR RFB NO. 24-03 CENTRAL PLANT CHILLER NO. 3 REPLACEMENT PROJECT AND BUDGET ADJUSTMENT Request the City Council adopt Resolution No. 2023-143, authorizing the Mayor to execute, on behalf of the City, a Public Improvement Agreement with A.O. Reed & Co., in an amount not to exceed $240,594 for the installation of a new chiller unit for the Central Plant Chiller No. 3 Replacement Project (“Project”); and approve a budget adjustment in the amount of $267,851. (File Number 0600-10; A-3482) Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works) Presenter: Joseph Goulart, Director of Public Works a) Resolution No. 2023-143 6. BID AWARD FOR RFB NO. 24-05 LIVE RAINBOW TROUT Request the City Council adopt Resolution No. 2023-144, authorizing the Mayor to execute, on behalf of the City, a Public Services Agreement with Jess Ranch Fish Hatchery for the purchase of Live Rainbow Trout to stock Lake Dixon and Lake Wohlford. (File Number 0600- 10; A-3483) Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works) Presenter: Brian Thill, Lakes and Open Space Superintendent a) Resolution No. 2023-144 7. APPROVE CONSULTING SERVICES AGREEMENT WITH HR GREEN PACIFIC, INC. FOR ON CALL ENGINEERING SERVICES Request the City Council adopt Resolution No. 2023-141 authorizing the Mayor to execute, on behalf of the City, a consulting services agreement with HR Green Pacific Inc., for on call engineering services for the SiFi FiberCity project. (File Number 0600-10; A-3484) Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services and Julie Procopio, City Engineer) Presenter: Julie Procopio, City Engineer a) Resolution No. 2023-141 November 15, 2023 Escondido City Council Minutes Page 4 of 10 DocuSign Envelope ID: 371D2EC3-C213-465B-98A5-28497B3BA44D 8. MILLS ACT CONTRACT FOR 820 S. MAPLE STREET – PL23-0279 Request the City Council adopt Resolution No. 2023-154, authorizing the Mayor to execute, on behalf of the City of Escondido, a Historic Property Preservation Agreement (Mills Act Contract), with Israel Murguia and Melissa Garcia for the Property located at 820 S. Maple Street. (File Number 0600-10; A-3485) Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Alex Rangel, Assistant Planner I a) Resolution No. 2023-154 9. AWARD OF CONSTRUCTION CONTRACT FOR 2023 STREET MAINTENANCE PROJECT – PHASE 1 (CONCRETE AND TREE REPLACEMENT) Request the City Council adopt Resolution No. 2023-151 awarding the construction contract to L.C. Paving & Sealing, Inc., determined to be the lowest responsible and responsive bidder, and authorizing the Mayor, on behalf of the City, to execute a Public Improvement Agreement in the amount of $499,279.50 for Phase I of the 2023 Street Rehabilitation and Maintenance Project (“Project”). (File Number 0600-10; A-3486) Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services, and Julie Procopio, City Engineer) Presenter: Matt Souttere, Associate Engineer a) Resolution No. 2023-151 10. MEMBER AGENCY ADMINISTERED INCENTIVE PROGRAM GRANT FOR WATER CONSERVATION OUTREACH MATERIALS Request the City Council adopt Resolution No. 2023-148 authorizing the acceptance of a $7,800 grant from the Metropolitan Water District and the San Diego County Water Authority to fund the purchase of water conservation outreach materials and a demonstration model; authorizing the Environmental Programs Manager to execute all documents necessary for the management and completion of the grant scope; and, authorizing the necessary budget adjustment needed to establish a new project number for tracking and spending of grant funds. (File Number 0480-70) Staff Recommendation: Approval (Utilities Department: Angela Morrow, Interim Director of Utilities) Presenter: Juan Magdaraog, Environmental Programs Manager November 15, 2023 Escondido City Council Minutes Page 5 of 10 DocuSign Envelope ID: 371D2EC3-C213-465B-98A5-28497B3BA44D a) Resolution No. 2023-148 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.) 11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, TO REPEAL ESCONDIDO MUNICIPAL CODE CHAPTER 2, ARTICLE 7, SECTION 2-103, LIMITATIONS ON CAMPAIGN CONTRIBUTIONS Approved on October 25, 2023 with a vote of 5/0. a) Ordinance No. 2023-14 (Second Reading and Adoption) Motion: Morasco; Second: J. Garcia; Approved: 4-1 (Martinez – No) PUBLIC HEARINGS 12. A REQUEST TO REMOVE A CONDITION OF APPROVAL APPLIED TO A MAJOR PLOT PLAN REQUIRING FUNDING OF ONGOING MUNICIPAL SERVICES REQUIRED BY THE PROJECT Request the City Council uphold the Planning Commission recommendation of denial (4-2-1) to modify a Major Plot Plan in order to eliminate a condition of approval requiring funding of ongoing municipal services. The request is for a project condition of approval required for a 44-unit apartment project located at 1860, 1866, 1870 & 1896 S. Escondido Blvd. and the City Council may a) adopt Resolution No. 2023-152, denying a modification and upholding a condition of approval; or b) adopt Resolution No. 2023-153, granting the modification and waiving the condition of approval. (File Number 0800-30) Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Veronica Morones, City Planner a) Resolution No. 2023-152 b) Resolution No. 2023-153 Mayor White continued the public hearing to December 6, 2023. November 15, 2023 Escondido City Council Minutes Page 6 of 10 DocuSign Envelope ID: 371D2EC3-C213-465B-98A5-28497B3BA44D 13. AUTHORIZATION TO PARTICIPATE IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY’S BOND OPPORTUNITIES FOR LAND DEVELOPMENT PROGRAM Request the City Council hold a Public Hearing to consider adoption of Resolution No. 2023- 155 authorizing City participation in the California Municipal Finance Authority’s (“CMFA”) Bond Opportunities for Land Development (“BOLD”) Program. (File Number 0440-15) Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/ Interim Director of Development Services) Presenter: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services a) Resolution No. 2023-155 Jim Simmons – Expressed support for this item. Motion: Morasco; Second: C. Garcia; Approved: 5-0 CURRENT BUSINESS 14. PROPOSED EDI RATE ADJUSTMENTS Request the City Council adopt Resolution No. 2023-136, approving the annual residential and commercial solid waste and recycling rate adjustments pursuant to the terms of the City of Escondido’s (“City’s”) adopted Solid Waste and Recycling Franchise Agreement with Escondido Disposal, Inc. (“EDI”). Upon approval by the City Council, the proposed rate adjustments will become effective January 1, 2024. (File Number 1310-50) Staff Recommendation: Approval (Utilities Department: Angela Morrow, Interim Director of Utilities) Presenter: Angela Morrow, Interim Director of Utilities a) Resolution No. 2023-136 Motion: J. Garcia; Second: C. Garcia; Approved: 5-0 15. PUBLIC ART COMMISSION INTERVIEWS Request the City Council conduct interviews of applicants and fill an unscheduled vacancy on the Public Art Commission. (File Number 0120-10) Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) November 15, 2023 Escondido City Council Minutes Page 7 of 10 DocuSign Envelope ID: 371D2EC3-C213-465B-98A5-28497B3BA44D Presenter: Zack Beck, City Clerk Motion to appoint Carol Rogers to the Public Art Commission: White; Second: C. Garcia; Approved: 5-0 16. REVIEW AND UPDATE CITY COUNCIL INTERAGENCY AND SUBCOMMITTEE ASSIGNMENTS Request the City Council review and update the City's current interagency and council subcommittee assignments. (File Number 0130-10) Staff Recommendation: Approval (City Council: Dane White, Mayor) Presenter: Mayor Dane White Motion to replace Deputy Mayor Garcia with Councilmember Garcia on the Council/CCAE Subcommittee; make Councilmember Garcia as the Primary Representative and Councilmember Morasco as the Alternate Representative on the Clean Energy Alliance; make Councilmember Martinez the Primary Representative and Mayor White as the Alternate Representative to the San Dieguito River Park JPA: White; Second: Morasco; Approved: 5-0 17. RECONSIDERATION OF PUBLIC COMMENT POLICY Request the City Council reconsider the City's current public comment policy and approve Resolution No. 2023-158 amending Section 6 of the Council Policies and Rules of Procedure. (File Number 0610-90) Staff Recommendation: Approval (City Council: Christian Garcia, Councilmember) Presenter: Councilmember Christian Garcia a) Resolution No. 2023-158 Carl Tucker – Expressed opposition to this item. Martha Tucker – Expressed opposition to this item. Maria Wallace – Expressed opposition to this item. James Cassidy – Expressed opposition to this item. Motion to adopt Resolution No. 2023-158R amending Section 6 of the Council Policies and Rules of Procedure to have public comments submitted electronically provided to the City Council, summarized by the City Clerk and included as part of the official record of the Council Meeting: Garcia; Second: White; Approved: 3-2 (J. Garcia, Martinez – No) November 15, 2023 Escondido City Council Minutes Page 8 of 10 DocuSign Envelope ID: 371D2EC3-C213-465B-98A5-28497B3BA44D FUTURE AGENDA 18. FUTURE AGENDA The purpose of this item is to identify issues presently known to staff or which members of the 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. Councilmember Garcia – List of Surplus Land. Staff Recommendation: None (City Clerk's Office: Zack Beck) COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS 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 Anzy McWha - Requested the City Council pass a resolution regarding a Ceasefire in Gaza. Aisha Chaudry - Requested the City Council pass a resolution regarding a Ceasefire in Gaza. Makinzi Knight - Requested the City Council pass a resolution regarding a Ceasefire in Gaza. Alexa Amatavivadharia - Requested the City Council pass a resolution regarding a Ceasefire in Gaza. ADJOURNMENT Mayor White adjourned the meeting at 6:38 p.m. ______________________________ _______________________________ MAYOR CITY CLERK November 15, 2023 Escondido City Council Minutes Page 9 of 10 DocuSign Envelope ID: 371D2EC3-C213-465B-98A5-28497B3BA44D November 15, 2023 Escondido City Council Minutes Page 10 of 10

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