Council Meeting (Closed Session 4:00 PM)

Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 CLOSED SESSION 4:00 PM CALL TO ORDER 1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White ORAL COMMUNICATIONS None CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code § 54956.9(d)(1)) a. Dwight Ernest Samuels v. City of Escondido; Escondido Officers Hoppal, Montross and Feria United States District Court Case No. 24-CV-1392-LL (MSB) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) a. Property: APN 2710301200 (Kit Carson Park) b. Agency Negotiator: Sean McGlynn, City Manager, or designees c. Negotiating Party: The Rinks Foundation d. Under Negotiation: Terms of Lease a. Property: 340 N. Escondido Blvd., Escondido (California Center for the Arts, Escondido) b. Agency Negotiator: Sean McGlynn, City Manager, or designees c. Negotiating Party: California Center for the Arts, Escondido, Foundation d. Under Negotiation: Terms of Lease or Management Agreement ADJOURNMENT Mayor White adjourned the meeting at 4:57 p.m. December 4, 2024 Escondido City Council Minutes Page 1 of 12 Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 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 Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White PROCLAMATIONS Retirement - Police Chief Ed Varso CLOSED SESSION REPORT ORAL COMMUNICATIONS Becky Rapp – Expressed concern regarding tobacco products online Jeff Bright – Expressed support for the California Center for the Arts Oliver Hammel – Expressed support for the California Center for the Arts Fernanda Flores – Expressed support for the California Center for the Arts Greg Swizodral – Expressed support for the California Center for the Arts James Lockhart – Expressed concern regarding safety at the intersection of Rock Springs and Lincoln December 4, 2024 Escondido City Council Minutes Page 2 of 12 Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 CONSENT CALENDAR Motion to approve items 1-14: Morasco; Second: C. Garcia; Approved: 5-0 1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) 2. APPROVAL OF WARRANT REGISTER (COUNCIL) Request approval for City Council and Housing Successor Agency warrant numbers: 389016 – 389178 dated November 13, 2024 389179 – 389403 dated November 20, 2024 Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) ESSENTIAL SERVICE – Internal requirement per Municipal Code Section 10-49 COUNCIL PRIORITY – 3. APPROVAL OF MINUTES: Regular Meeting Minutes of November 20, 2024 4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS 5. CONTINUING THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN Request the City Council adopt Resolution No. 2024-178, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. Staff Recommendation: Approval (Utilities: Angela Morrow Director of Utilities) Presenter: Stephanie Roman, Assistant Director of Utilities, Construction & Engineering ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Sewer COUNCIL PRIORITY –Improve Public Safety a) Resolution No. 2024-178 6. APPROVAL OF THE FY2025/26 RECOGNIZED OBLIGATION PAYMENT SCHEDULE Request the City Council adopt Resolution No. 2024-154 to approve the FY2025/26 Recognized Obligation Payment Schedule (“ROPS”) so that the Successor Agency may continue to make payments due for enforceable obligations. December 4, 2024 Escondido City Council Minutes Page 3 of 12 Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance ESSENTIAL SERVICE – No a) Resolution No. 2024-154 7. ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS FUNDED BY DEVELOPMENT IMPACT FEES PER GOVERNMENT CODE SECTION 66006 - Request that the City Council receive and file the Annual Financial Report on Development Impact Fees. Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance ESSENTIAL SERVICE – Yes, Internal Requirement 8. PURCHASE TWENTY-NINE (29) FORD POLICE UTILITY VEHICLES Request the City Council adopt Resolution No. 2024-175 authorizing the Fleet Services Division of the Public Works Department to purchase twenty-nine (29) Ford Police Utility Vehicles in the amount of $1,653,348.74 by utilizing a cooperative purchase agreement through the City of Sacramento, Contract No. B19153311005, and approving the disposal of the surplus vehicles via auction. Staff Recommendation: Approval (Public Works: Joseph Goulart, Director of Public Works) Presenter: Jeramiah Jennings, Fleet Maintenance Manager ESSENTIAL SERVICE – Yes, internal requirement in support of Police Services COUNCIL PRIORITY – Improve Public Safety a) Resolution No. 2024-175 9. PURCHASE THREE (3) MEDIX AMBULANCES AND APPROVE BUDGET ADJUSTMENT FOR THE PURCHASE Request the City Council adopt Resolution No. 2024-174 approving a budget adjustment of $157,752.18, and authorizing the Fleet Services Division of the Public Works Department to purchase three (3) Medix Ambulances from Republic EVS of Huntington Beach, California, for $1,117,752.18 by utilizing a cooperative purchase agreement through HGAC, Contract No. AM10-23, and approving the disposal of the surplus vehicles via auction. December 4, 2024 Escondido City Council Minutes Page 4 of 12 Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 Staff Recommendation: Approval (Public Works: Joseph Goulart, Director of Public Works) Presenter: Jeramiah Jennings, Fleet Maintenance Manager ESSENTIAL SERVICE – Yes, internal requirement in support of Fire/EMS Services COUNCIL PRIORITY – Improve Public Safety a) Resolution No. 2024-174 10. BUDGET ADJUSTMENT FOR RECIEPT OF EARL FUNK DONATION Request the City Council authorize a budget adjustment for receipt of $30,000 from the Earl Funk donation for the Park Avenue Community Center. Staff Recommendation: Approval (Community Services: Jennifer Schoeneck, Director of Economic Development) Presenter: Robert Rhoades, Assistant Director of Community Services ESSENTIAL SERVICE – No 11. SAN DIEGO SENIORS COMMUNITY FOUNDATION HOLIDAY GRANT – $3,005 Request the City Council adopt Resolution No. 2024-180 authorizing the Assistant Director of Community Services to receive a $3,005 No Senior Alone for the Holidays grant from the San Diego Seniors Community Foundation. Recommendation: Approval (Community Services: Jennifer Schoeneck, Director of Economic Development) Presenter: Robert Rhoades, Assistant Director of Community Services ESSENTIAL SERVICE – No COUNCIL PRIORITY – a) Resolution No. 2024-180 12. ANIMAL CONTROL SERVICES AGREEMENT WITH THE SAN DIEGO HUMANE SOCIETY AND BUDGET ADJUSTMENT Request the City Council adopt Resolution No. 2024-186 approving an animal control services agreement with the San Diego Humane Society and authorize the Mayor to execute contract documents on behalf of the City. The term of the agreement is 18 months from January 1, 2025 through June 30, 2026. December 4, 2024 Escondido City Council Minutes Page 5 of 12 Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police ESSENTIAL SERVICE – Yes, requirement in support of Police Services; Keep City Clean for Public Health and Safety. COUNCIL PRIORITY – Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido a) Resolution No. 2024-186 13. FINAL MAP UNDER CONSIDERATION FOR APPROVAL FOR TRACT SUB13-0007 AT 2115 AMANDA LANE Receive and file notice that a Final Map for Tract SUB13-0007 at 2115 Amanda Lane has been filed for approval. Staff Recommendation: Receive and File (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services and Jonathan Schauble, City Engineer) Presenter: Owen Tunnell, Assistant City Engineer 14. FINAL MAP UNDER CONSIDERATION FOR APPROVAL FOR TRACT PL23-0319 AT 2402 S. ESCONDIDO BLVD Receive and file notice that a Final Map for Tract PL23-0319 at 2402 S. Escondido Boulevard has been filed for approval. Staff Recommendation: Receive and File (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services and Jonathan Schauble, City Engineer) Presenter: Owen Tunnell, Assistant City Engineer 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.) 15. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, APPROVING AN AMENDMENT TO THE SOUTH CENTRE CITY SPECIFIC PLAN TO ALLOW “EATING December 4, 2024 Escondido City Council Minutes Page 6 of 12 Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 ESTABLISHMENTS WITH A DRIVE-THROUGH”, SUBJECT TO A CONDITIONAL USE PERMIT WITHIN THE 13TH AVENUE CORNERS DISTRICT Approved on November 20, 2024 with a vote of 4/1 (Martinez: No) a) Ordinance No. 2024-15 (Second Reading and Adoption) Dustyn Simpson – Expressed opposition to the item Moton: Morasco; Second: C. Garcia; Approved: 4-1 (Martinez – No) PUBLIC HEARINGS 16. HICKORY STREET OFFICE TO RESIDENTIAL CONVERSION - PL23-0190, PL23-0191, PL24-0215, PL24-0225, PL24-0229 Request that the City Council adopt the following Resolution denying the Project: Adopt Resolution No. 2024-179, denying the proposed General Plan Amendment, Zone Map Amendment, Master and Precise Plan (Planned Development Permit), and Design Review Permit for the Project. Staff Recommendation: Denial (Development Services Department: Deputy City Manager, Christopher McKinney) Presenter: Ivan Flores, AICP, Senior Planner ESSENTIAL SERVICE – Yes, Land Use/Development COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido a) Resolution No. 2024-187 b) Resolution No. 2024-188 c) Ordinance No. 2024-16 Rick Mercurio – Expressed opposition to the item. Motion to approve the General Plan Amendment, Zone Plan Amendment, Master and Precise Plan and remove the waiver of the two foot easement: Morasco; Second: White; Approved: 4- 1 (Martinez – No) 17. PL24-0183 – 900 W MISSION AVENUE CUP MODIFICATION Request that the City Council adopt Resolution No. 2024-183 denying the project and instead December 4, 2024 Escondido City Council Minutes Page 7 of 12 Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 approving as an alternative the adoption of an addendum to the previously adopted Initial Study/Mitigated Negative Declaration and the recommended Alternative Option. Staff Recommendation: Approval of Alternative Option (Development Services Department: Deputy City Manager/Interim Director of Development Services, Christopher McKinney) Presenter: Oscar Romero, Principal Planner ESSENTIAL SERVICE – Yes, Land Use/Development COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido a) Resolution No. 2024-183R James Lockhart – Expressed concern regarding the traffic safety at Rock Springs Road and Lincoln Ave. Motion to adopt Resolution 2204-183, alternative option to waive frontage improvements and retain the requirement to construct the traffic signal at Lincoln and Rock Springs with a cost cap of $560,000, and adopt the Addendum to the previously adopted Mitigated Negative Declaration: Martinez; Second: White; Approved: 4-1 (C. Garcia – No) 18. SHORT-TERM RENTAL PILOT PROGRAM Request the City Council adopt Ordinance No. 2024-07 for the Short-Term Rental Pilot Program of the City of Escondido to allow Short-Term rentals to operate within the City, including amendments to 1) the Escondido Municipal Code Chapter 16 (Business Licenses) for processes, procedures, administration and enforcement; and 2) adopt Escondido Municipal Code Chapter 25 (Taxation) for collection of Transient Occupancy Tax; and Resolution No. 2024-181 establishing new fees for the Pilot Short-Term Rental Ordinance Staff Recommendation: Approval (Economic Development: Jennifer Schoeneck, Director of Economic Development) Presenter: Jennifer Schoeneck, Director of Economic Development and Pedro Cardenas, Management Analyst ESSENTIAL SERVICE – Yes, Land Use/Development. COUNCIL PRIORITY – Eliminate Structural Deficit; Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido. a) Resolution No. 2024-181 December 4, 2024 Escondido City Council Minutes Page 8 of 12 Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 b) Ordinance No. 2024-07 Ce Liu – Expressed support for sensible short-term rental regulations and expressed opposition to the requirement that Short-Term Rentals not be permitted 500-feet from schools. Mo Rashid – Expressed support for sensible short-term rental regulations and expressed opposition to the requirement that Short-Term Rentals not be permitted 500-feet from schools. Tony Maietta – Expressed support for sensible short-term rental regulations and expressed opposition to the requirement that Short-Term Rentals not be permitted in Accessory Dwelling Units. Michael Baehr – Requested the City Council ban Short-Term Rentals in Escondido in residential zoning. Laree Felan – Expressed opposition to the ordinance, opposition to the requirement that Short-Term Rentals not be permitted in Accessory Dwelling Units. Tyler Felan – Expressed opposition to the ordinance and opposition to the requirement that Short-Term Rentals not be permitted in Accessory Dwelling Units. Carolyn Rangel – Requested the City Council ban Short-Term Rentals in Escondido in residential zoning and if the Ordnance is adopted, retain the requirement of prohibiting Short-Term Rentals within 500-feet of schools. Kate Hess – Requested the City Council ban Short-Term Rentals in Escondido in residential zoning and if the Ordnance is adopted, retain the requirement of prohibiting Short-Term Rentals within 500-feet of schools. Mary Smith – Requested the City Council ban Short-Term Rentals in Escondido in residential zoning and if the Ordnance is adopted, retain the requirement of prohibiting Short-Term Rentals within 500-feet of schools. Zack Chen – Requested the City Council ban Short-Term Rentals in Escondido in residential zoning and if the Ordnance is adopted, retain the requirement of prohibiting Short-Term Rentals within 500-feet of schools. Motion to approve Ordinance 2024-07 and modify the number of units that would trigger Council review of the Ordinance from 250 units to 200 units and subsequent review of the Ordinance for every 100 units thereafter: White; Second: J. Garcia; Approved: 4-1 (Martinez – No) December 4, 2024 Escondido City Council Minutes Page 9 of 12 Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 CURRENT BUSINESS 19. ENTERING INTO A GROUND LEASE BETWEEN THE CITY OF ESCONDIDO AND R1 ESCONDIDO INVESTMENT, LLC FOR PROPERTY AT 270 E VIA RANCHO PKWY, ESCONDIDO, CALIFORNIA; DECLARATION OF EXEMPT SURPLUS PROPERTY Request the City Council Adopt Resolution No. 2024-168 authorizing the Mayor to execute a Ground Lease between the City of Escondido and R1 Escondido Investment, LLC; authorizing execution of Assignment and Assumption Agreement; and Declaration of Exempt Surplus Property Staff Recommendation: Approval (City Manager’s Office: Jennifer Schoeneck, Director of Economic Development) Presenter: Jennifer Schoeneck, Director of Economic Development, Francisco Vargas, Real Property Management Analyst ESSENTIAL SERVICE – Yes, Land Use/Development COUNCIL PRIORITY –Increase Retention and Attraction of People and Businesses to Escondido a) Resolution No. 2024-168 Motion: White; Second: Martinez; Approved: 5-0 20. PUBLIC ART DEACCESSION AND REMOVAL OF VINEHENGE Request the City Council approve the deaccessioning and removal of Vinehenge. Staff Recommendation: Approval (Community Services and Public Works: Jennifer Schoeneck, Director of Economic Development and Joseph Goulart, Director of Public Works) Presenter: Robert Rhoades, Assistant Director of Community Services and Wayne Thames, Public Works Manager ESSENTIAL SERVICE – Yes, Maintenance of Parks facilities/Open Spaces Motion: White; Second: J. Garcia; Approved: 5-0 21. UNCLASSIFIED AND MANAGEMENT SALARY AND BENEFITS PLAN, PART-TIME SALARY PLANS, AND FULL-TIME COMPENSATION SCHEDULE Request the City Council adopt: Resolution No. 2024-147 amending and readopting the Salary and Benefits Plan for the Unclassified, Clerical, Technical, and Management Groups; and December 4, 2024 Escondido City Council Minutes Page 10 of 12 Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 Resolution No. 2024-148 amending and readopting the Part-time Salary Plan and Part-Time Classification and Benefits Plan; and Resolution No. 2024-149 amending and readopting the full-time compensation schedule for all full-time employee groups. Staff Recommendation: Approval (Human Resources Department: Jessica Perpetua, Director of Human Resources) Presenter: Jessica Perpetua, Director of Human Resources ESSENTIAL SERVICE – Yes, Internal Requirement COUNCIL PRIORITY – a) Resolution No. 2024-147 b) Resolution No. 2024-148 c) Resolution No. 2024-149 Motion: White; Second: C. Garcia; Approved 4-1 (Morasco – No) 22. FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT AND SECOND AMENDMENT TO CITY ATTORNEY EMPLOYMENT AGREEMENT Request that the City Council adopt Resolution No. 2024-184 authorizing the Mayor to execute, on behalf of the City of Escondido, a First Amendment to Employment Agreement with Sean McGlynn to continue serving as the City Manager; and Request that the City Council adopt Resolution No. 2024-185 authorizing a Second Amendment to Employment Agreement with Michael R. McGuinness to continue serving as the City Attorney. Staff Recommendation: Approval (Human Resources: Jessica Perpetua, Director of Human Resources) Presenter: Jessica Perpetua, Director of Human Resources ESSENTIAL SERVICE – No COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido a) Resolution No. 2024-184 December 4, 2024 Escondido City Council Minutes Page 11 of 12 Docusign Envelope ID: 78600CD5-E7D0-4947-8905-B20595236C76 b) Resolution No. 2024-185 Motion: White; Second: C. Garcia; Approved: 5-0 FUTURE AGENDA 23. 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. Staff Recommendation: None (City Clerk's Office: Zack Beck) COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS ORAL COMMUNICATIONS 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.gov. ADJOURNMENT Mayor White adjourned the meeting at 9:38 p.m. ______________________________ _______________________________ MAYOR CITY CLERK December 4, 2024 Escondido City Council Minutes Page 12 of 12