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4 7. Cancellation.
7.1 The City may cancel this Agreement if the City determines that the Owners (i) have breached any term, condition, or covenant of this Agreement; (ii) has allowed the Property to deteriorate to the point that the Property no longer meets the standards of a Qualified Hist orical Property; or (iii) has failed to restore or rehabilitate the Property in the manner required by this Agreement.
__________ OWNER’S INITIALS
7.2 Notice of Cancellation . This Agreement cannot be cancelled until after the City has given notice and has held a public hearing as required by California Government Code section 50285.
7.3 Cancellation Fee. If the City cancels this Agreement pursuant to the terms of this Agreement , the Owner s shall pay those cancellation fees set forth in the Mills Act. Upon cancellation, the Owners shall pay a cancellation fee of 12.5% of the then-current fair market value of the Property, which is to be determined by the County Assessor as thoug h the Property were free and clear of any of the restrictions pursuant to this Agreement. The cancellation fee shall be paid to the County Auditor at the time and in the manner that the County Auditor shall prescribe and shall be allocated by the County A uditor to each jurisdiction in the tax rate area in which the Property is located in the same manner as the County Auditor allocates the annual tax increment in that tax area for that fiscal year.
__________ OWNER’S INITIALS
8. No Compensation . The Owner s shall not receive any payment from the City in consideration for the obligations imposed under this Agreement. The Parties recognize and agree that the consideration for the execution of this Agreement is the substantial public benefits to be derived therefrom and the advantage that will accrue to the Owners as a result of the assessed value of the Property because of the restrictions that this Agreement imposes on the use and preservation of the Property.
9. Enforcement.
9.1 As an alternative to cancellation o f the Agreement, the City may, in its sole discretion, specifically enforce or enjoin the Owner’s breach of the terms of this Agreement , including but not limited to bringing an action to enforce this Agreement by specific performance or injunction. In the event of such breach, the City shall give written notice to the Owners notifying the Owners of the violation (“ Notice of Violation”). If such breach is not corrected to the reasonable satisfaction of the City within 30 calendar days after the date of th e Notice of Violation, or within such other reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within 30 calendar days and thereafter diligently pursued to completion), the City may, without furt her notice, declare the Owner s to be in breach of the terms of this Agreement, and may bring any action necessary to specially enforce the obligations of the Owner s under the terms of this Agreement or apply for such other relief as authorized under local, state, or federal law.
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5 9.2 Remedy if Agreement Not an Enforceable Restriction. In the event it is finally determined by a court of competent jurisdiction that this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, for any tax year during the life of this Agreement, then this Agreemen t shall be null and void and without further effect, and the Property shall from that time forward be free from any restriction whatsoever under this Agreement without any payment or further act by the Parties.
10. Indemnification. The Owner s (including Owne r’s agents, employees, contractors, and subcontractors, if any) shall hold harmless, defend ( with counsel reasonably acceptable to the City), and indemnify the City, its boards, commissions, departments, officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “ Claims”), and any attorney’s, consultant, or expert fees and City staff costs for investigating or responding to any Claims, incurred in connection with or arising in whole or in part from this Agreement , the use or occupancy of the Property by the Owner s (including Owner’s agents, employees, invitees, contractors, and subcontractors, if any), the condition of the Property, or any construction or other work undertaken on the Property, including without limitation (i) any death or bodily injury to a person; (ii) any injury to, loss, or theft of tangible or intangible property, including economic loss; or (iii) any other loss, damage, or expense sustained by the Owners in connection with any work or obligations performed in connection with this Agreement, except for any liability resulting from the active negligence, sole negligence, or willful misconduct of the City. The duty to defend the City as described in this Paragraph 10 shall apply regardless of whether any Claims are groundless, fraudulent, or false . All obligations under this Paragraph 10 shall survive the termination of this Agreement. __________ OWNER’S INITIALS
11. Condemnation, Eminent Domain, Destruction of Property.
11.1 Condemnation/Eminent Domain . If condemnation proceedings are filed against the Property, or if the Property is acquired in whole or in part by eminent domain or other acquisition by an entity authorized to exercise the power of eminent domain, and such acquisition is determined by the City to frustrate the purpose of this Agreement, this Agreement shall be cancelled and shall be deemed null and void for all purposes of determining the value of the Property, or part of the Property, that is acquired . However, if any such condemnation proceeding is subsequently abandoned or the acquisition of the Property rescinded, this Agreement shall be reactivated retroactively and shall be in full force and effect without the need for any further act by the Parties.
11.2 Destruction of Property. If the Property is destroyed by fire or other natural disaster such that, in the opinion of the City, the historic value of the structure has been lost and a majority of the structure must be replaced, this Agreement shall be cancelled.
11.3 No Cancellation Fee. If the Agreement is cancelled for any reason articulated in Paragraphs 11.1 or 11.2 of this Agreement, no cancellation fee as otherwise required by this Resolution No. 2023-154
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6 Agreement and the Mills Act shall be imposed.
12. Miscellaneous.
12.1 Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Any litigation arising out of this Agreement shall be conducted only in the state or federal courts of San Diego County, California.
12.2 Entire Agreement. This Agreement, together with its attachments or other documents, if any, described or incorporated herein, contains the entire agreement and understanding concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. Each of the Parties hereto acknowledges that no other Party, nor the agents nor the attorneys for any Party, has made any promise, representation or warranty whatsoe ver, express or implied, not contained herein, to induce the execution of this Agreement and acknowledges that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein.
12.3 Amendment. This Agreement may not be amended except in a writing signed by all of the Parties hereto, and then only in the specific instance and for the specific purpose given.
Any such amendment shall be recorded with the Office of the County Recorder for the County of San Diego.
12.4 Independent Investigation. The Parties acknowledge that they have conducted an independent investigation of the facts concerning the subject matter of this Agreement. The Parties agree that the factual recitals are correct and expressly assume the risk that the true facts concerning the foregoing may differ from those currently understood by them.
12.5 Advice of Counsel. The Parties hereby acknowledge that they have executed this Agreement after having the opportunity to consult with, and receive the advice of, their own counsel.
12.6 Capacity. Each individual signing this Agreement represents and warrants that he or she has been authorized to do so by proper action of the Party on whose behalf he or she has signed.
12.7 Headings. Section headings are for reference purposes only and shall not be used for interpreting the meaning of any provisions of this Agreement.
12.8 Attorney’s Fees. In any action to enforce the terms of this Agreement, the Parties agree that the prevailing party shall be entitled to its reasonable attorney’s fees and all costs, fees, and expenses, including the fees of expert witnesses and consultants, whether or not such costs, fees, and expenses are recover able or allowed as costs under s ection 1033.5 of the California Code of Civil Procedure. In addition to the foregoing award of attorney’s fees and costs, the prevailing party shall be entitled to its attorney’s fees and costs incurred in any post -judgment proceedings to collect or enforce any judgment. This provision is separate a nd shall survive the merger of this provision into any judgment on this Agreement.
12.9 Counterparts. This Agreement may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document.
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7 12.10 Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.
12.11 Notice. All notices, demands, approvals, or consents provided for in this Agreement shall be in writing and delivered to the appropriate Party at its address as follows:
If to the City:
City Clerk
City of Escondido
201 North Broadway
Escondido, CA 92025
If to the Owner:
Israel Murguia and Melissa Garcia
820 S. Maple St.
Escondido, CA 92025
Any notice, delivery, or other communication shall be effective and shall be deemed to be received by the other Party within five business days after the notice has been deposited in the U.S. Mail, duly registered or certified, with postage prepaid, and addressed as set forth above. Any Party may change the address information provided above by giving written notice to the other Party in the manner provided in this Agreement.
12.12 Covenants Run with Land . So long as this Agreement remains in effect, the obligations and benefits provided for in this Agreement shall run with the land obligated and benefited, respectively, and shall be binding on all parties having or acquiring any right, title, or interest in the Property or any part thereof. As such, it is the intent of the Parties that this Agreement and the promises, covenants, rights, and obligations set forth herein (i) shall be and are covenants running with the Property, encumbering the Property for the term of this Agreement, binding upon the Owner’s successors in title and all subsequent owners and operators of the Property; (ii) are not merely personal covenants of the Owner; and (iii) shall bind the Owner s and their respective successors and assigns during the term of this Agreement. Further, the Owners shall ensure that any future transfer of interest in the Property is made subject to the terms of this Agreement, such that any future successor in title or owner or operator of the Property shall be bound by the terms herein.
12.13 Sale of Property. The Owners shall ensure that any future transfer of interest in the Property is made subject to the terms of this Agreement, such that any future successor in title or owner or operator of the Property shall be bound by the terms herein. If the Property is sold , the Owners shall provide notice to the City of the sale and provide the City with a signed statement from the new owner indicating that a copy of this Agreement, all exhibits to this Agreement, and all amendments to this Agreement, if any, were provided to the new owner.
12.14 Notice to Office of Historic Preservation . The Owner s or an agent of the Owners shall provide written notice of this Agreement to the Office of Historic Preservation within six months of entering into this Agreement. A copy of this notice shall also be provided to the City.
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8 This Agreement is executed by the Parties or their duly authorized representatives:
CITY OF ESCONDIDO
Date: By
Dane White, Mayor
[OWNERS]
Date: By
Israel Murguia, Husband
Date: By
Melissa Garcia, Wife
(ABOVE SIGNATURES MUST BE NOTARIZED; ACKNOWLEDGMENT PAGES FOLLOW)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Michael R. McGuinness, City Attorney
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9 ACKNOWLEDGMENT
STATE OF CALIFORNIA ]
COUNTY OF ______________________ ]
On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ________________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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10 Exhibit “A”
Legal Description of Property
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11 Exhibit “B”
Schedule of Improvements
1. Install one GAF Masterflow EZ cool plug-in power vent into the existing roofing.
2. Build ground level deck in upper terraced area of yard.
3. Build retaining wall and fence between house (southernly side) and alley.
4. Seismic retrofit by installing isolated piers between existing piers with standard footings, pre-cast post bases, pressure treated posts, and Simpson strong tiles.
5. Replace guest restroom floor and shower tile.
6. Repaint of existing residence.
7. Repair damaged sewer lines to property.
8. Upgrade main electrical panel from 100 amps to 225 amps.
9. Replace rear window on 1979 addition to period correct window treatment.
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STAFF REPORT
November 15, 2023
File Number 0600-10; A-3486
SUBJECT
AWARD OF CONSTRUCTION CONTRACT FOR 2023 STREET MAINTENANCE PROJECT – PHASE 1 (CONCRETE AND TREE REPLACEMENT)
DEPARTMENT
Development Services
RECOMMENDATION
It is requested that the City Council adopt Resolution No. 202 3-151 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”).
Staff Recommendation: Approval (Development Services: Chris McKinney, Deputy City Manager , and Julie Procopio, City Engineer)
Presenter: Matt Souttere, Associate Engineer
FISCAL ANALYSIS
The Project is included in the CIP budget and is funded with Gas Tax, TransNet, and Road Maintenance and Rehabilitation Account (“RMRA”) funds.
BACKGROUND
This Project includes the first phase of the City of Escondido’s Annual S treet Maintenance Program that includes the replacement of damaged sidewalk, curb and gutter . This zone of focus for this program is Maintenance Zone ES, the area east of Ash Street between East Valley Parkway on the north, and the City Limits to the south (See Attachment 1). In total, the Project will replace 9,429 square feet (0.36 miles) of sidewalk, install 12 pedestrian ramps, and replace 33 street trees that are damaging the sidewalk.
On November 2, 2023, the City received two sealed bids in response to the advertised Request for Bids No. 24-06 for the Project. The bid results are listed below:
L.C. Paving & Sealing, Inc. $499,279.50
IE General Engineering $732,926.00
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Staff has evaluated the bids and determined that the bid submitted by L.C. Paving & Sealing, Inc. is the lowest responsive and responsible bid. The low bid is approximately ten percent lower than the Engineer’s estimate of $550,000. Staff recommends awarding a construction contract in the amount of $499,279.50 to L.C. Paving and Sealing, Inc.
Phase 2 of the 2023 Street Maintenance Project is currently under design and will include rehabilitation of pavement and re-striping of streets within the ES zone and major and collector streets Citywide . It is anticipated that the Phase 2 Project will be bid in early 2023 with an anticipated start of construction in Spring 2023.
RESOLUTIONS
a. Resolution No. 2023-151
b. Resolution No. 2022-151 – Exhibit A – Public Improvement Agreement
ATTACHMENTS
a. Attachment 1 – Street Maintenance Zone Map
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S OS O
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E SE S
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City of Escondido
2012 Street Pavement
Maintenance Areas 0 0.5 1
Miles
s:\gis\projects\engineering\B en nett0310\P avem ent Maintenance A r eas April, 2012
±
Freeway
Ramp
State Route
Public Road
Private Road
Unpaved
Fire Access
Alley
Central Section North
Central Section South
East Section North
East Section South
North Section East
North Section West
South Section
West Section
Out of Jurisdiction
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Attachment "1"
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RESOLUTION NO. 2023-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF THE CITY, A PUBLIC
IMPROVEMENT AGREEMENT FOR THE 2023 STREET
REHABILITATION AND MAINTENANCE PROJECT –
PHASE 1
WHEREAS the City Council has allocated funding in the adopted Capital Improvement Program (“CIP”) Budget for the City’s Annual Street Management Program (“Project”); and WHEREAS, on October 5 and 19, 2023 a notice inviting bids for Phase 1 of the Project (“Notice”) was duly published; and
WHEREAS, in response to the Notice, two sealed bids for the Project were opened and evaluated on November 2, 2023; and
WHEREAS, after careful evaluation of the two sealed bids, City staff have determined L.C. Paving & Sealing, Inc. to be the lowest responsive and responsible bidder; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to authorize a Public Improvement Agreement with L.C. Paving & Sealing, Inc. in the amount of $499,279.50.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
2. That the City Council authorizes the Mayor to execute, on behalf of the City, a Public Improvement Agreement with L.C. Paving & Sealing, Inc., in a substantially similar form to that which is 232
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attached and incorporated to this Resolution as Exhibit “A,” and subject to final approval as to form by the City Attorney.
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Public Improvement Agreement (Contractor) Page A-00500- 1
CITY OF ESCONDIDO
PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Julie Procopio
760-839-4001
("CITY")
And: LC Paving & Sealing, Inc.
a California corporation
620 Alpine Way
Escondido, CA 92029
Attn: Jose Salinas
760-752-1743
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of work relating to the 2023 Street Maintenance Project – Phase 1 Project (“Project”), occurring on property located within Escondido and having various assessor’s parcel numbers (APN) (“Property”), as further described herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:
1. Project Documents. The Notice Inviting Sealed Bids/Notice to Contractors, Instructions to Bidders, Bid Form, Designation of Subcontractors, Workers' Compensation Certificate, Change Orders, Shop Drawing Transmittals, Information Required of CONTRACTOR, Non -collusion Affidavit, Insurance Cert ificates, Guarantees, General Conditions, Supplementary General Conditions, Special Conditions, Plans, Drawings, Specifications, the Agreement , and all modifications, addenda, and amendments thereto (“Project Documents”) are incorporated herein by this reference as if fully set forth herein. The Project Documents are complementary, and what is called for by any one shall be as binding as if called for by all.
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2. Description and Performance of Work . CONTRACTOR shall furnish all work described in the Project Documents (“Work”). All Work to be performed and materials to be furnished shall be completed in a good workmanlike manner, free from defects, in strict accordance with the plans, drawings, specifications, and requirements set forth in the Project Documents and all provisions of this Agreement.
3. Compensation. In exchange for CONTRACTOR’s completion of the Work, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed the sum of $499,279.50 (“Contract Price”). CONTRACTOR shall be compensated only for performance of the Work described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.
4. Term and Time of Performance. CONTRACTOR shall commence work within one week from the CITY's notice to proceed. CONTRACTOR shall diligently perform and complete the Work with professional quality and technical accuracy within 45 working days after the City’s Notice to Proceed. (“Completion Date”). Extension of terms or time of performance shall be subject to the CITY’s sole discretion.
5. Time Is of the Essence. If the Work is not completed by the Completion Date, it is understood that the CITY will suffer damage. It being impractical and infeasible to d etermine the amount of actual damage, in accordance with Government Code section 53069.85, the Parties agree that CONTRACTOR shall pay to the CITY as fixed and liquidated damages, and not as a penalty, the sum of $500 per day for each calendar day of delay until the Work is completed and accepted (“Liquidated Damages Amount”) . Th e Liquidated Damages A mount shall be deducted from any payments due to, or that become due to, CONTRACTOR. CONTRACTOR and CONTRACTOR'S surety shall be liable for the Liquidated Damages Amount.
6. Insurance Requirements.
a. CONTRACTOR shall pro cure and maintain , at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work, and the results of such Work, by CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 0001 11188 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury (including emotional distress), sickness, disease, or death of any person other than the CONTRACTOR's employees , and personal and advertising injury, and damages because of injury or destruction of tangible property, including loss of use resulting there from, with limits no less than $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage; or, if a general aggregate limit is applicable, either: (i) the general aggregate limit shall specifically apply to the project identified in the bid specifications or to the location of such project which is the subject of these bid specifications with coverage to be no less than $3,000,000, or (ii) the general aggregate shall be at least $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage.
(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non -owned autos (Code 9), including damages because of bodily injury, death of a person, or property damage arising out of the ownership, maintenance, or use of a motor vehicle, all mobile equipment, and vehicles Resolution No. 2023-151
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moving under CONTRACTOR’s control and engaged in the Work, with limits no less than $3,000,000 combined single limit per accident for bodily injury and property damage.
(3) Workers’ Compensation. Workers' Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) If CONTRACTOR maintains broade r coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR.
b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Compliance with General Condition Requirements. Insurance coverage shall comply with and meet all requirements set forth in Article 5.2 of General Conditions
(2) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-:VII, or as approved by the CITY.
(3) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability additional insured endorsement shall be at least as broad as ISO Form CA 20 01.
(4) Primary Coverage. CONTRACTOR’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
(5) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY.
(6) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(7) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agr ees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation po licy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for Resolution No. 2023-151
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all work performed by the CONTRACTOR, its agents, representatives, employees and subcontractors.
(8) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONTRACTOR shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.
(9) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time.
d. Special Risks or Circumstances. The CITY reserves the right, at any point dur ing the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
e. No Limitation of Obligations. The insurance requirements within this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligati ons otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions within this Agreement concerning indemnification.
f. Compliance. Failure to comply with any of the insurance requirements in this Agreement , including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. Compliance by CONTRACTOR with the requirement to carry insurance and furnish certificates, policies, Additi onal Insured Endorsement and Declarations Page evidencing the same shall not relieve the CONTRACTOR from liability assumed under any provision of this Agreement, including, without limitation, the obligation to defend and indemnify the CTY and the City Engineer. In the event that CONTRACTOR fails to comply with any insurance requirement set forth in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop Work under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.
7. Indemnification, Duty to Defend, and Hold Harmless.
a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actio ns, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, Resolution No. 2023-151
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fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONTRACTOR’s (including CONTRACTOR’s a gents, employees, and subcontractors, if any) Work pursuant to this Agreement or its failure to comply with any of its obligations contained herein, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.
b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.
R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any Work performed pursuant to this Agreement.
c. All terms and provisions within this Section 7 shall survive the termination of this Agreement.
8. Bonds.
a. CONTRACTOR shall furnish and deliver to the CITY, simultaneously with the execution of this Agreement, the following surety bonds:
(1) Faithful Performance Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for faithful performance of this Agreement.
(2) Labor and Materials Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for payment to persons performing labor and furnishing materials in connection with the Project.
b. All bonds furnished to the CITY pursuant to this Agreement shall be in the form set forth herein and approved by the City Attorney.
c. All bonds shall be executed by sureties that are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must b e accompanied by a certified copy of such agent's authority to act.
d. If the surety on any bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, the CONTRACTOR shall, within seven days thereafter, substitute another bond and surety, which must be acceptable to the CITY. No portion of the Work shall be performed without bonds, in a form and issued by a surety acceptable to the City. If one or more of such bonds shall, at any time, not be in full force and effect, CONTRACTOR shall immediately cease performance of the Work until CONTRACTOR is in full compliance with the bonding requirements of this Agreement and California law. All delays and cos ts incurred or resulting from such occurrence shall be to the exclusive account of CONTRACTOR. Failure of the CONTRACTOR to promptly cure any failure to have the necessary bonds in full force and effect shall be grounds for immediate termination of this Agreement.
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Exhibit "A"
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e. All bonds shall be obtained from surety companies that are duly licensed or authorized in the State of California. Such surety companies shall also meet any additional requirements and qualifications as may be provided in the Supplementary General Conditions.
9. Substitution of Securities . This Agreement is subject to California Public Contract Code section 22300, which permits the substitution of securities fo r any monies withheld by the C ITY to ensure performance of this Agreement . At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY, or with a state - or federally- chartered bank in this sta te as the escrow agent, who shall then pay those moneys to CONTRACTOR. Upon satisfactory completion and acceptance of the W ork, such securities shall be returned to the CONTRACTOR.
10. Contractor Default. In the event CONTRACTOR, for a period of 10 calendar days after receipt of written demand from the CITY to do so (“Cure Period”), fails to furnish tools, equipment, or labor in the necessary quantity or quality required by this Agreement, or fails to prosecute the Work and all parts thereof in a dil igent and workmanlike manner, or after commencing to do so within the Cure Period, fails to continue to do so, then the CITY in its sole discretion may exclude the CONTRACTOR from the Property, or any portion thereof, and take exclusive possession of the Property or any portion thereof, together with all material and equipment thereon, and may complete the Work or any portion of the Work, either by (i) furnishing the necessary tools, equipment, labor, or materials; or (ii) letting the unfinished portion of the work, or any portion t hereof, to another contractor; or (iii) demanding the surety hire another contractor ; or (iv) any combination of such methods. The CITY’s procuring of the completion of the Work, or the portion of the Work taken over by the CITY, shall be a charge against the CONTRACTOR and may be deducted from any money due or to become due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of such charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment if CONTRACTOR fails to pay in full any such cost incurred by the CITY. The permissible charges for any such procurement of the completion of the Work include actual costs and fees incurred to third party individuals and entities (including but not limited to consultants, attorneys, inspectors, and designers) and actual costs incurred by the CITY for the increased dedication of time of the CITY’s employees to the Project.
11. Other Legal Requirements Incorporated. Each and every provision of law and clause required by law to be inserted in this Agreement or its attachments shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though such law or clause were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party, the Agreement shall forthwith be physically amended to make such insertion or correction, without further changes to the remainder of the Agreement.
12. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONTRACTOR concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.
13. Attorney’s Fees and Costs . In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.
14. Independent Contractor . CONTRACTOR is an independent contractor, and no agency or employment relationship is created by the execution of this Agreement.
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Exhibit "A"
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15. Amendment. This Agreement shall not be amended except in a writing signed b y the CITY and CONTRACTOR, and pursuant to action of the Escondido City Council.
16. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.
17. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.
18. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.
19. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.
20. Provisions Cumulative . T he foregoing provisions are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the CITY.
21. Business License . CONTRACTOR shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.
22. Compliance with Laws, Permits, and Licenses . CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. This shall include, but shall not be limited to, all California Labor Code laws regarding payment of prevailing wages and all OSHA regulations. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the work under this Agreemen t. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.
23. Prevailing Wages and Department of Industrial Relations Compliance. Pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages, including but not limited to the keeping of certified payroll records, overtime pay, employment of apprentices, and workers' compensation coverage, as further set forth in the General Conditions.
CONTRACTOR shall file the required workers' compensation certificate before commencing work under this Agreem ent. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any Resolution No. 2023-151
Exhibit "A"
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public works contract subject to the requirements of Divisi on 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.
24. Immigration Reform and Control Act of 1986. CONTRACTOR shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONTRACTOR represents and warrants that all of its employees and the empl oyees of any subcontractor retained by CONTRACTOR who perform any portion of the Work under this Agreement are and will be authorized to perform the Work in full compliance with the IRCA. CONTRACTOR affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Work . CONTRACTOR agrees to comply with the IRCA before commencing any portion of the Work, and continuously throughout the performance of the Work and the term of this Agreement.
25. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)
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Exhibit "A"
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Public Improvement Agreement (Contractor) Page A-00500- 9
IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:
CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White, Mayor
LC Paving & Sealing, Inc.
Date: __________________ ___________________________________ Signature
___________________________________
Name & Title (please print)
___________________________________
Contractor's License No.
___________________________________
Tax ID/Social Security No.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
BY: __________________________
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Exhibit "A"
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Public Improvement Agreement (Contractor) Page A-00500- 10
Bond No.:
_______________
Premium: _______________
FAITHFUL PERFORMANCE BOND
KNOW ALL BY THESE PRESENTS,
WHEREAS, The City Council of the City of Escondido, State of California, and LC Paving & Sealing, Inc., a California corporation (“Principal”), have entered into that certain Public Improvement Agreement dated (e.g. “___________”) (“Agreement,” hereby referred to and made a part hereof), whereby Principal has agreed to install and complete certain designated public improvements associated with the 2023 Street Rehabilitation and Maintenance Project – Phase I.
WHEREAS, the Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement.
NOW, THEREFORE, we, the Principal and __(e.g. “___________”) _______, a _ (e.g. “___________”)_____________ organized and existing under the la ws of the State of California and authorized to act as a surety in the State of California (“Surety”), are held and firmly bound unto the City of Escondido, a California municipal corporation (“City”) in the penal sum of Four Hundred Ninety-nine Thousand Two Hundred Seventy Nine dollars and Fifty cents ($499,279.50), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
THE CONDITION of this obligation is such that if the Principal, or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, c onditions, and provisions in the Agreement and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents , and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included i n any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration , or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and the Surety hereby waives notice of any such change, extension of time, alteration , or addition to the terms of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, as of this ________ day of __________________, 20__.
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Exhibit "A"
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Public Improvement Agreement (Contractor) Page A-00500- 11
_________________________________
Name of Principal
_________________________________
Address of Principal
By: __________________________________________
Signature of Person Signing on Behalf of Principal
__________________________________________
Name of Person Signing on Behalf of Principal
__________________________________________
Title of Person Signing on Behalf of Principal
_________________________________
Name of Surety
_________________________________
Address of Surety
By: __________________________________________
Signature of Person Signing on Behalf of Surety
__________________________________________
Name of Person Signing on Behalf of Surety
__________________________________________
Title of Person Signing on Behalf of Surety
(ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED.)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
BY: _____________________________
Resolution No. 2023-151
Exhibit "A"
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Public Improvement Agreement (Contractor) Page A-00500- 12
Bond No.: _______________
Premium: _______________
LABOR AND MATERIALS BOND
KNOW ALL BY THESE PRESENTS,
WHEREAS, The City Council of the City of Escondido, State of California, and LC Paving & Sealing, Inc., a California corporation (“Principal”), have entered into a that certain Public Improvement Agreement dated (e.g. “___________”) (“Agreement,” hereby re ferred to and made a part hereof), whereby Princip al has agreed to install and complete certain designated public improvements associated with the 2023 Street Maintenance Project – Phase I.
WHEREAS, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Escondido, a California municipal corporation (“City”), to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, the Principal and _____(e.g. “___________”) _____, a ______ (e.g. “___________”)________ organized and existing under the laws of the State of California and authorized to act as a surety in the State of California (“Surety”), are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other perso ns employed in the performance of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Four Hundred Ninety-nine Thousand Two Hundred Seventy Nine dollars and Fifty cents ($499,279.50), lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
If the condition of this bond is fully performed, then this obligation shall become null and void ; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration , or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner a ffect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, as of this ______ day of ______________, 20__.
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Exhibit "A"
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Public Improvement Agreement (Contractor) Page A-00500- 13
_________________________________
Name of Principal
_________________________________
Address of Principal
By: __________________________________________
Signature of Person Signing on Behalf of Principal
__________________________________________
Name of Person Signing on Behalf of Principal
__________________________________________
Title of Person Signing on Behalf of Principal
_________________________________
Name of Surety
_________________________________
Address of Surety
By: __________________________________________
Signature of Person Signing on Behalf of Surety
__________________________________________
Name of Person Signing on Behalf of Surety
__________________________________________
Title of Person Signing on Behalf of Surety
(ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED.)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
BY: __________________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
Resolution No. 2023-151
Exhibit "A"
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STAFF REPORT
November 15, 2023
File Number 0480-70
SUBJECT
MEMBER AGENCY ADMINISTERED INCENTIVE PROGRAM GRANT FOR WATER CONSERVATION
OUTREACH MATERIALS
DEPARTMENT
Utilities Department, Wastewater Division, Environmental Programs
RECOMMENDATION
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 f und 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.
Staff Recommendation: Approval (Utilities: Angela Morrow, Interim Director of Utilities) Presenter: Juan Magdaraog, Environmental Programs Manager
FISCAL ANALYSIS
The budget for water conservation outreach materials is made available through the Wastewater Enterprise Fund. Additional grant funding from the Member Agency Administered Incentive Program will provide educational materials to be distributed to the community through public events hosted by the City of Escondido (“City”) and Environmental Programs.
PREVIOUS ACTION
None.
BACKGROUND
The Metropolitan Water District (“MWD”) and San Diego County Water Authority (“SDCWA”) offer grant funding to water agencies and districts for a variety of water-related purposes. For example, in 2021 the City applied for and received $24,375.21 in grant funding to install water bottle filling stations in multiple parks within the community.
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In May of 2023 , the City ap plied for grant funding through MWD’s and SDCWA’s Member Agency Administered Incentive Program, with the intent of using the funding to purchase outreach promotional items that remind residents to use water efficiently. Promotional items include tote bags , notebooks, pens, and other materials. Additionally, grant funding would be used to purchase a “Drinking Water, Wastewater, and Your Watershed” hands-on demonstration model in which participants draw real water from the river and send it to the water treatment plant for processing. This demonstration visually shows residents the water treatment process and emphasizes the value of water. Participants of the demonstration will see the clean water as it is delivered under the roadways for our residential a nd commercial uses.
The City was notified in July of 2023 that $7,800 in funding had been awarded to Escondido. If the City Council authorizes acceptance of the grant funding, outreach materials that reinforce the importance of water conservation and its efficient use will be distributed at multiple public events.
RESOLUTIONS
a. Resolution No. 2023-148
ATTACHMENTS
a. Attachment “1” – Budget Adjustment
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RESOLUTION NO. 2023-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE
ENVIRONMENTAL PROGRAMS MANAGER TO ACCEPT
GRANT FUNDING PROVIDED BY THE METROPOLITAN
WATER DISTRICT AND SAN DIEGO COUNTY WATER
AUTHORITY THROUGH THE MEMBER AGENCY
ADMINISTERED INCENTIVE PROGRAM AND TO
EXECUTE ALL NECESSARY DOCUMENTS
WHEREAS, the City of Escondido (“City”) submitted an application to the Metropolitan Water District’s (“MWD”) and San Diego County Water Authority’s (“SDCWA”) Member Agency Administered Incentive Program requesting $7,800 in grant funding to purchase water conservation outreach materials and a hands-on demonstration model; and
WHEREAS, the City’s Environmental Programs staff use the outreach materials and demonstration model at City sponsored public events to educate community members about water systems and watersheds, and to reinforce the importance of water conservation; and WHEREAS, MWD and SDCWA notified the City in July of 2023 that $7,800 in grant funding has been awarded to Escondido.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
2. That the City Council authorizes the Environmental Programs Manager, on behalf of the City, to accept the grant award and to execute all documents necessary for the management and completion of the grant scope.
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BUDGET ADJUSTMENT
REQUEST
Department: Utilities, Wastewater Division, Environmental Programs For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Kim Silva, x4076
City Council Meeting Date:
(attach staff report) November 15,2023
EXPLANATION OF REQUEST
The Metropolitan Water District and San Diego County Water Authority has awarded the City of Escondido $7,800 in grant funding to purchase outreach items promoting water conservation, and a hands-on demonstration model depicting a drinking water system, a wastewater system, and watersheds.
BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Revenue
4121-555-New Project
Number $7,800
Member Agency Outreach
Material
555-New Project
Number $7,800
APPROVALS
DEPARTMENT HEAD DATE FINANCE DATE
DocuSign Envelope ID: FA729042-2C4D-4C4A-8732-99278556C1C7 11/8/2023 11/8/2023
Attachment "1"
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ORDINANCE NO. 2023-14
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
WHEREAS, in 2020, the California Legislature passed Assembly Bill (AB) 571, which applies a default campaign contribution limit to city candidates when the city has not already enacted a local contribution limit; and
WHEREAS, the 2023-2024 contribution limits for city candidates in cities that have not enacted limits is $5,500, per election; and
WHEREAS, mindful of first amendment constitutional principles, fundamental due process and fairness, and given recent state legislation imp acting local campaign contributions including SB 1439 (Levine Act); and
WHEREAS, the City Council of the City of Escondido finds it fair and reasonable to remove local contribution limits and adopt the state limit.
NOW, THEREFORE, IT IS HEREBY RESOLVED and the City Council of the City of Escondido DOES HEREBY ORDAIN as follows:
SECTION 1. That the foregoing recitals are true.
SECTION 2. That EMC Chapter 2, Administration, Article 7, Controls on Campaign Contributions, Section 2-103 is hereby repealed.
SECTION 3. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and inde pendent provision and such holding shall not affect the validity of the remaining portions.
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STAFF REPORT
November 15, 2023
File Number 0800-30
SUBJECT
A REQUEST TO REMOVE A CONDITION OF APPROVAL APPLIED TO A MAJOR PLOT PLAN REQUIRING
FUNDING OF ONGOING MUNICIPAL SERVICES REQUIRED BY THE PROJECT
DEPARTMENT
Development Services Department, Planning Division
RECOMMENDATION
Request that 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.
Staff Recommendation: Recommend City Council deny the modification request and uphold the Planning Commission’s denial (Development Services Department: Veronica Morones) Planning Commission Recommendation: Denial to modify a Major Plot Plan to eliminate a condition of approval of ongoing municipal services. (Vote: 4-2-1)
Presenter: Veronica Morones, City Planner
BACKGROUND
The Planning Division issued an administrative approval for a Major Plot Plan, inclusive of a density bonus, on April 5, 2022, for a 44 -unit apartment complex located at northeastern corner of S. Escondido Blvd. and Vermont Avenue (addressed as 1860, 1866, 1870 & 1896 S. Escondido Blvd .) The Project approval includes four units that will be deed-restricted for very-low-income households as detailed in Attachment 1 (Major Plot Plan Conditional Letter of Approval ). The Applicant/Owner signed an “Acknowledgement and Acceptance of Conditions of Approval,” dated April 14, 2022, which included Condition of Approval No. 15 to fund operational costs of providing municipal services for Community Facilities District No. 2020-
01. The applicant requests to modify the Major Plot Plan to eliminate the condition of approval that requires the developer to fund ongoing operational costs of providing municipal services required for the approved project. The applicant contends the modification request is necessary in order to make the project 252
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financially feasible as detailed in the request letter submitted by the applicant in April 2023 , provided under Attachment 2 (Applicant Request Letter). All other aspects of the approved project are not subject to this request.
This request was originally noticed and scheduled for the August 22, 2023 Planning Commission meeting; however, the item was continued to the September 12, 2023 meeting. At the September 12th meeting, the Planning Commission voted 4-2-1 to recommend denial of the request to City Council.
FISCAL ANALYSIS
Based on the adopted Director Decision approving the Major Plot Plan , the subject property falls under the “Urban V” rate at $778.01 (Fiscal Year 22-23) per unit per year through June 30, 2023. This rate reflects the overall project density of 40 units/acre. Based on the proposed 44-unit development, the 2022/2023 estimated annual amount for ongoing services is $3 4,232 (44 units x $778.01 rate) , subject to an 2% annual adjustment.
As a part of the City of Escondido’s ongoing effort to address projected budget shortfalls, the city conducted a Fiscal Impact Analysis (“FIA”) for new residential development in 2019. The FIA determined the per capita cost of providing municipal services for new residential development involving Police, Fire, Public Works, Community Services, and General Services (support departments) exceeds the anticipated revenue received, including property taxes, property tax in lieu of vehicle license fees, intergovernmental, property transfer tax, fines, forfeitures, permits, licenses, and sales tax generated by new residents. Based on these findings, the current structural budget deficit is anticipated to increase with each new residential development project approved. Below is a summary of the FIA findings by development type for a typical 5-acre site at the time the analysis was conducted:
Single Family Small Lot Single
Family
Townhomes Apartment/Condos
Project Size (5-acre site) 25 units 75 units 125 units 200 units Avg. Density 5 units/acre 15 units/acre 25 units/acre 40 units/acre Revenue Generate $52,900 $128,800 $157,900 $204,700
Cost to Provide
Municipal Services
$66,300 $184,500 $248,500 $361,200
Annual Unfunded Cost $13,400 $55,700 $90,600 $156,500
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Unfunded Cost/Unit $536 $743 $725 $783
City policy currently requires all residential development to offset its impact on the general fund by providing an ongoing funding source to pay for public services demanded by the project. The following is a brief history of the creation, purpose, and implementation of that policy:
On June 12, 2019, the City Council directed staff to investigate all options to address the structural budget deficit to ensure the budget deficit does not grow as the City dev elops, including evaluating the feasibility of a Citywide Services Community Facilities District (“CFD”) as a streamlined means for projects to offset their ongoing impact to the general fund. On April 8, 2020, the City Council indicated its intent to requ ire new residential development to offset the ongoing costs of providing public services.
On May 13, 2020, the City Council held a duly noticed public hearing and adopted Resolution No. 2020-44 (Resolution of Formation) establishing CFD 2020-1, the Citywide Services CFD. On September 16, 2020, the City Council adopted Resolution No. 2020-115 annexing five projects with 66 units into CFD 2020-1 creating the second (2) zone of the Services CFD (Zone 2020-2). On September 23, 2020, the City Council restated it s intent to require new residential development to offset the ongoing costs of providing public services, specifically noting that the requirement be applied to any project approved after May 13, 2020. On October 21, 2020, the City Council adopted Resoluti on No. 2020 -147 annexing a 42 -unit project located at 2608 S. Escondido Blvd. into CFD 2020-1 and creating the third (3) zone of the Services CFD (Zone 2020-03).
On November 18, 2020, the City Council adopted Resolution No. 2020 -160 annexing two (2) projects containing 21 units into CFD 2020 -1 creating the fourth zone of the Services CFD (Zone 2020-04).
On July 21, 2021, the City Council adopted Resolution No. 2021-77 approving the special tax rate for CFD 2020-1 (Public Services) for fiscal year 2021/22. On September 15, 2021, the City Council adopted Resolution No. 2021 -130 annexing three (3) projects containing 65 units into CFD 2020-1 creating the fifth (5) zone of the Services CFD (Zone 2020-5).
On March 2, 2022, the City Council adopted Resolution No . 2022-14 annexing two (2) projects containing 44 units into CFD 2020-1 creating the sixth (6) zone of the Services CFD (Zone 2020-6). On July 20, 2022, the City Council adopted Resolution No. 2022-87 approving the special tax rate for CFD 2020-1 (Public Services) for fiscal year 2022/23.
Council policy requires that all new residential development s off-set their impacts to ongoing municipal services. This requirement is identified as Condition of Approval II.15 in the Letter of Conditional Approval dated April 5, 2022(See Attachment “1”). Specifically, the condition states:
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“Community Facility District or Funding Mechanism. The Applicant shall fund all on-going operational costs of providing municipal services required for the Project, the amount of such funding to be determined by the City Council at the time of Project approval. Such funding shall occur through either an agreement to form or annex into a Community Facilities District (“CFD”) or the establishment of another lawful funding mechanism reason ably acceptable to the City (“Public Services Funding Agreement”). The provisions of the Public Services Funding Agreement shall specify any terms and limitations necessary to implement the CFD or other funding mechanism to offset the impacts to public services associated with the project. The City Manager, or City Manager’s designee, shall be authorized to approve and execute the Public Services Funding Agreement, and the Public Services Funding Agreement shall be finalized prior to the City’s issuance of any permit for the Project.” The condition cited above is consistent with existing City Council policy requiring all residential development to offset its impact on the general fund by providing an ongoing funding source to pay for public services demanded by the project.
The condition provides an option for the applicant to either form or annex into the CFD or the establishment of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). Should the applicant choose to form or annex into a CFD, the estimated fee based on the density of the project (Fiscal 20222/2023), which is adjusted annually, is identified in the table below:
CFD (2022/2023)
levy per unit Total # of Total annual Cost per unit
40+ du/ac (year) Units levy monthly
$778.01 44 $34,232 $64.83
Modification to a Major Plot Plan in order to eliminate a condition of approval requiring funding of ongoing municipal services requires review by the Planning Commission. However, because the Planning Commission does not have the authority to waive City Council policies and fees, they serve in an advisory role to the City Council on this matter. For context, the City Council considered two project appeals (fall of 2022) of the same condition of approval that requires new residential development to offset its fiscal impacts to ongoing municipal services. In b oth instances, the City Council granted the appeal of the standard condition of approval and waived the requirement for payment for ongoing municipal services for those two projects. However, it should be noted that both of those requests involved an appeal of the condition within the allotted 10 -day appeal period whereas this request is a modificat ion to the Major Plot Plan previously approved in April 2022.
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DENSITY BONUS ANALYSIS
Density bonus law (Government Code section 65915 et. seq.) and Article 67 of the Escondido Zoning Code (Density Bonus and Residential Incentives) are intended to encourage the development of affordable housing. This is accomplished through the allowance for an increase in residential density above what would typically be allowed for a property, and through the provision of incentives and waivers from development standards that make construction of the project infeasible.
Allowable increases in density are based on a sliding scale that involves the percentage of affordable units being provided, and the level of affordability of those units. Current zoning for the subject property would allow a total of 32 base units; however, by deed restricting 13% of those units (amounting to four-units) for very-low-income households, the project is eligible for a 42.5% increase in allowable density (12 units), resulting in a total allowance of 44 units.
The percentage of affordable units and level of affordability also entitles the applicant to three incentives and concessions. The applicant requested no incentives for this project ; however, the applicant did request a concessi on for the reduction in required open space (from 300 square feet per unit to 205 square feet per unit). Under the requested modification to the Major Plot Plan, the applicant now requests the elimination of the requirement to fund ongoing operational costs of providing municipal services required for the project as an incentive to facilitate the construction of the project.
Government Code section 65915(l) states that density bonus law “…does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements.” Similarly, section 33-1414(a)(2)(E) of the City of Escondido Municipal Code stat es that “the city council may, but is not required to, provide direct financial incentives, including direct financial aid in the form of a loan or grant, the provision of publicly owned land, or the waiver of fees or dedication requirements.” Staff has applied the condition of approval in question based on existing City Council Policy. Neither City policy nor the Government Code give staff the authority to waive or modify the condition; however, the City Council does have the authority to do so.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission considered the modification request at its September 12, 2023 meeting and denied the applicant’s request to modify a Major Plot Plan by a vote of 4-2-1; Commissioners Barber and Mecaro voted no; Commissioner Barba was absent. A copy of the Planning Commission staff report is included with this report as Attachment 3.
The Commissioners discussed the difference between the two prior appeals of the specific condition of approval and this modification to a Major Plot Plan to eliminate the specific condition of approval requiring funding of ongoing municipal services. During deliberation, Commissioner Barber moved to 256
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grant the modification for the four -units that would be deed -restricted as affordable units, motion was seconded by Commissioner Mecaro, but failed to gain a majority (2 -4-1 voting), and as a result, failed.
After subsequent deliberation and questions on processing and timing, Commissioner Speer offered a motion to approve staff’s recommendation to deny the modification and was seconded by Commissioner Weiler. The Planning Commissioners voted for the denial by a 4-2-1 vote, as noted above.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (“CEQA”) Guideline’s list classes of projects that have been determined to not have a significant effect on the environment and as a result are exempt from review under CEQA. The Project site is located within a developed urban area of the city and previously developed with residential structures. The proposed project qualifies for a categorical exemption from CEQA pursuant to CEQA Guidelines section 153 32, “Infill Development Project.” A CEQA Notice of Exemption was issued for the Project and posted with the County Clerk’s Office in accordance with CEQA.
CONCLUSION
The Director of Development Services , in his capacity to approve Major Plot Plan permits, applied a standard condition of approval requiring the approved project to fund all on -going operational costs of providing municipal services based on existing City Council policy . Staff acknowledges that both the Government Code and Escondido Zoning Code allow the City to modify the condition at the discretion of the City Council, and the Planning Commission recommended that the City Council deny the request. As such, and because the Planning Commission is serving in an advisory role to City Council on this modification request, staff recommends the City Council deny the modification request and uphold the Director’s decisio n to approve the Project subject to all Conditions of Approval contained in the Conditional Letter of Approval (Attachment 1).
RESOLUTIONS
a. Resolution No. 2023-152, Denial of Modification (Exhibits A and B) b. Resolution No. 2023-153, Granting Modification (Exhibits A and B)
ATTACHMENTS
a. Plot Plan Conditional Letter of Approval (excerpted) - dated April 5, 2022 b. Applicant Request Letter
c. Planning Commission Staff Report (excerpted) - dated September 12, 2023
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Plot Plan Conditions of Approval (excerpted)
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Applicant Request
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RESOLUTION NO. 2023-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, DENYING THE REQUEST TO
MODIFY A MAJOR PLOT PLAN APPROVAL TO ELIMINATE
THE REQUIREMENT TO OFFSET COSTS ASSOCIATED WITH
FUNDING OF ONGOING MUNICIPAL SERVICES
WHEREAS, Vermont Escondido Apartments LLC (“Applicant”), filed a land use development application on May 16, 2019 and April 11, 2023 , Planning Case No. ’s ADM19-0092 and PL23 -0176, respectively, (“Application”), constituting a request for a Major Plot Plan for a 44-unit apartment complex, inclusive of a density bonus request which included four deed -restricted very -low-income units (“Project”), on a 1.05-acre site located at 1860, 1866, 1870 & 1896 S. Escondido Blvd. (Assessor’s Parcel Numbers 236-260-34-00, 236-260-35-00, 236-260-36-00, and 236 -260-37-00), in the South Centre City Specific Plan; and
WHEREAS, the subject property is all that real property described in Exhibit “A” which is attached hereto and made a part hereof by this reference as though full set forth herein (“Property”); and WHEREAS, the Project was approved by the Director of Development Services, on April 5, 2022, in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et seq.) and the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”); and WHEREAS, pursuant to CEQA and CEQA Guidelines (Title 14 of California C ode of Regulations, section 15000 et. seq.) the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the Project, and it was determined that the Project as a whole is categorically exempt from further review pursuant to CEQA Guidelines section 15332 (Class 32) – Infill Development Projects; and
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WHEREAS, the Planning Division studied the Application, performed necessary investigations, and the Director of Development Services approved the Major Plot Plan for the Project as depicted in the administrative approval and subject to all conditions of approval included in the administrative approval; and
WHEREAS, Applicant filed a request to modify the Project on April 11, 2023, in order to eliminate a condition of approval requiring the funding of ongoing operational costs of providing municipal services to the project; and
WHEREAS, no other aspect of the Major Plot Plan approval has been appealed or modified, and all other components of the Project have been approved and are not subject to an appeal or modification; and
WHEREAS, on September 12, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law, at which time the Planning Commission received and considered the report and recommendation of the Planning Division and gave all persons a full opportunity to be heard and to present evidence and testimony, regarding the modification. Evidence was submitted to and considered by the Planning Commission, including, without limitation:
a. Written information and other material submitted by the Applicant; b. Oral testimony from City staff, interested parties and the public; c. The staff report, dated September 12, 202 3, with its attachments as well as City staff recommendation on the modification;
d. Additional information submitted during the public hearing; and WHEREAS, following the public hearing, the Planning Commission adopted Resolution No. 2023- 15, recommending that the City Council deny the requested Major Plot Plan modification; and 284
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WHEREAS, On November 15, 2023, the City Council held a duly noticed public hearing as prescribed by law. Evidence was submitted to and considered by the City Council, including without limitation:
a) written testimony from City staff, interested parties, and the public; b) oral testimony from City staff, interested parties and the public; c) the City Council staff report, dated November 15, 2023, with its attachmen ts as well as City staff recommendation on the request, which is incorporated herein by this reference as though fully set forth herein;
d) the Planning Commission’s recommendation; and
d) additional information submitted during the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
1. That the above recitations are true.
2. That the Findings of Fact attached hereto as Exhibit “B” are hereby made by this City Council, and represent the City Council’s careful consideration of the record. The findings of this City Council contained in Exhibit “B” shall be the final and determinative Findings of Fact related to this modification.
3. That upon consideration of the Findings, the staff report dated November 15, 2023 (a copy of which is on file in the Office of the City Clerk), public testimony presented at the meeting, and all other oral and written evidence regarding the Major Plot Plan, the City Council hereby denies the request to modify the Project approval to eliminate Condition of Approval, Planning Division II. General: #15.
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Exhibit “A”
Legal Description
Resolution No. 2023-152
Exhibit "A"
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Resolution No. 2023-152
Exhibit "A"
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EXHIBIT “B”
FINDINGS OF FACT
The City Council has reviewed the record, and makes the following findings for:
1) Denial of the Major Plot Plan modification to eliminate a condition of approval requiring funding of ongoing operational costs of providing municipal services required by the Project. 2) Modification
a. On September 23, 2020, following multiple public hearings, the City Council adopted a policy requiring all new residential development approved after May 13, 2020, to pay for their ongoing costs of providing municipal services.
b. Granting of the requested modification is contrary to the City Council adopted policy requiring future residential projects to fund all on-going operational costs of providing municipal services.
Resolution No. 2023-152
Exhibit "B"
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RESOLUTION NO. 2023-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, GRANTING A REQUEST TO
MODIFY A MAJOR PLOT PLAN APPROVAL TO ELIMINATE
THE REQUIREMENT TO OFFSET COSTS ASSOCIATED WITH
FUNDING OF ONGOING MUNICIPAL SERVICES
WHEREAS, Vermont Escondido Apartments LLC (“Applicant”), filed a land use development application on May 16, 2019 and April 11, 2023 , Planning Case No. ’s ADM19-0092 and PL23 -0176, respectively, (“Application”), constituting a request for a Major Plot Plan for a 44-unit apartment complex, inclusive of a density bonus request which included four deed -restricted very -low-income units (“Project”), on a 1.05-acre site located at 1860, 1866, 1870 & 1896 S. Escondido Blvd. (Assessor’s Parcel Numbers 236-260-34-00, 236-260-35-00, 236-260-36-00, and 236 -260-37-00), in the South Centre City Specific Plan; and
WHEREAS, the subject property is all that real property described in Exhibit “A” which is attached hereto and made a part hereof by this reference as though full set forth herein (“Property”); and WHEREAS, the Project was approved by the Director of Development Services, on April 5, 2022, in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et seq.) and the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”); and WHEREAS, pursuant to CEQA and CEQA Guidelines (Title 14 of California C ode of Regulations, section 15000 et. seq.) the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the Project, and it was determined that the Project as a whole is categorically exempt from further review pursuant to CEQA Guidelines section 15332 (Class 32) – Infill Development Projects; and
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WHEREAS, the Planning Division studied the Application, performed necessary investigations, and the Director of Development Services approved the Major Plot Plan for the Project as depicted in the administrative approval and subject to all conditions of approval included in the administrative approval; and
WHEREAS, Applicant filed a request to modify the Project on April 11, 2023, in order to eliminate a condition of approval requiring the funding of ongoing operational costs of providing municipal services to the project; and
WHEREAS, no other aspect of the Major Plot Plan approval has been appealed or modified, and all other components of the Project have been approved and are not subject to an appeal or modification; and
WHEREAS, on September 12, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law, at which time the Planning Commission received and considered the report and recommendation of the Planning Division and gave all persons a full opportunity to be heard and to present evidence and testimony, regarding the modification. Evidence was submitted to and considered by the Planning Commission, including, without limitation:
a. Written information and other material submitted by the Applicant; b. Oral testimony from City staff, interested parties and the public; c. The staff report, dated September 12, 2023, with its attachments as well as City staff recommendation on the modification;
d. Additional information submitted during the public hearing; and WHEREAS, following the public hearing, the Planning Commission adopted Resolution No. 2023- 15, recommending that the City Council deny the requested Major Plot Plan modification; and 291
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WHEREAS, on November 15, 202 3, the City Council held a duly noticed public hearing as prescribed by law. Evidence was submitted to and considered by the City Council, including without limitation:
a) written testimony from City staff, interested parties, and the public; b) oral testimony from City staff, interested parties and the public; c) the City Council staff report, dated November 15, 2023, with its attachment s as well as City staff recommendation on the request, which is incorporated herein by this reference as though fully set forth herein;
d) the Planning Commission’s recommendation; and
d) additional information submitted during the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
1. That the foregoing recitations are true.
2. That the Findings of Fact attached hereto as Exhibit “B” are hereby made by this City Council, and represent the City Council’s careful consideration of the record. The findings of this City Council contained in Exhibit “B” shall be the final and determinative Findings of Fact related to this modification.
3. That upon consideration of the Findings, the staff report dated November 15, 2023 (a copy of which is on file in the Office of the City Clerk), public testimony presented at the meeting, and all other oral and written evidence regarding the Major Plot Plan, the City Council hereby grants the request to modify the Project approval to eliminate Condition of Approval, Planning Division II. General, #15.
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Exhibit “A”
Legal Description
Resolution No. 2023-153
Exhibit "A"
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Resolution No. 2023-153
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EXHIBIT “B”
FINDINGS OF FACT
The City Council has reviewed the record, and makes the following findings for:
1) Granting the Major Plot Plan modification to eliminate a condition of approval requiring funding of ongoing operational costs of providing municipal services required by the Project. 2) Modification
a. On September 23, 2020, following multiple public hearings, the City Council adopted a policy requiring all new residential development approved after May 13, 2020, to pay for their ongoing costs of providing municipal services. However, the City’s required regional housing needs assessment (RHNA) identified a goal of an additional 9.607 housing units, 1,864 of which need to provide housing to very -low income individuals or families. The four deed-restricted units for very-low income households included in the project will help contribute to that goal. Add itional ongoing costs would negatively impact the ability to provide these deed-restricted units.
b. Removal of the Condition of Approval No. 15 would support the City Council adopted Housing Element policies promoting the development of very-low income deed-restricted housing units to meet the City’s RHNA goals, and removing the funding requirements would support the development of very-low income deed-restricted units.
Resolution No. 2023-153
Exhibit "B"
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STAFF REPORT
November 15, 2023
File Number 0440-15
SUBJECT
AUTHORIZATION TO PARTICIPATE IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY’S BOND
OPPORTUNITIES FOR LAND DEVELOPMENT PROGRAM
DEPARTMENT
Development Services
RECOMMENDATION
Staff 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.
Recommendation: Approval (Development Services: Christopher W. McKinney, Deputy City Manager/Director of Development Services)
Presenter: Christopher W. McKinney, Deputy City Manager/Director of Development Services
FISCAL ANALYSIS
There is no direct expenditure of funds required to join to maintain participation in the BOLD program. All costs related to the formation, issuance of bonds, and ongoing administration for any Community Facilities District (“CFD”) formed by the BOLD program is the responsibility of CMFA. Once bond funds are issued to fund facilities projects in the City, Finance Department staff will be responsible for monitoring the timely and appropriate expenditure of the project funds. Staff and processes are already in place to monitor other sources of bond financing (e.g., Water and Wastewater bond funding), so the additional monitoring is not anticipated to additionally burden staff. All future City project costs, including project management cost, would be funded through the bond proceeds. The bonds themselves would be repaid through property assessments on future homeowners.
PREVIOUS ACTION
None.
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BACKGROUND
California Municipal Finance Authority (“CMFA”)
The City is a member of CMFA, a State-wide joint powers authority (“JPA”) whose members include public entities throughout California. CMFA has t he authority to issue bonds to meet its stated mission to support economic development and job creation throughout the State of California (“State”). CMFA aims to directly contribute to building strong communities to support the health and welfare of the residents of California by supporting member co mmunities and local charities with a portion of the revenue generated through its issuing of tax-exempt bonds for public, private, and non-profit entities.
Bond Opportunities for Land Development (“BOLD”) Program
CMFA instituted the BOLD program to aid municipalities in their mission to provide infrastructure and other public facilities , such as schools. The BOLD Program offers a means to finance new or continuing construction of infrastructure and public facilities through bonds. These bonds are issued by CMFA as an alternative to land -secured bonds directly by the City . The BOLD Program is designed to help local governments, including cities and schools, and land developers throughout the State, to work together to cost effectively finance public infrastructure projects and development fees.
Under the BOLD Program, bonds are issued by a community facilities district (“CFD”) formed by CMFA under the Mello-Roos Community Facilities Act of 1982 (California Government Code Section 53311 et seq.) (“Act”). The Act offers great financing flexibility and is commonly used by cities, schools and other local agencies throughout the State to generate funds for the payment of public facilities, including development fees for facilities.
The BOLD Program is managed by CMFA through a team of bond industry professionals with experience in CFDs in the State. According to CMFA, all bond industry professionals engaged by CMFA have expertise in CFD bond issues. Presently, the BOLD Program uses Jones Hall for bond counsel, Koppel & Gruber for special tax consulting services, and Piper Sandler & Co. for underwriting services. The City, at its option, may use a municipal advisor of its choosing to review future BOLD Program application s and/or other program documents, with all related costs payable from bond proceeds.
Benefits of BOLD Program to Local Governments
While potential future CFDs would be formed within the City ’s jurisdiction, little City involvement is required. The City Council, at its discretion, may first take the action under consideration here to approve participation in the BOLD Program . Future CFD formation requests would also require City Council approval. CMFA and its consultant team will form and approve each CFD, CMFA will issue bonds on behalf of the CFD, and then use the services of a special tax consultant and administrator to create the special tax formula to administer, levy, and collect the special taxes. By working directly with developers, the 297
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BOLD Program facilitates financing for infrastructure and fee obligations of developers, covering a broad range of development cost obligations necessary for new development, including both facilities and/or impact fees. Using the BOLD Program alleviates staff time constraints and allows staff to focus on other aspects of processing land development projects.
Determining Special Tax Rate
Formation of a future CFD will require establishing the annual special tax rates. The formula for computing special tax rates will be included in the future resolutions to be adopted as part of the CFD formation proceedings. Typically, the formula will include a basic, undeveloped land tax with a periodic increase in rate, with a shifting of the tax to developed lands at building permit stage. The total amount of taxes on developed land generally will not exceed 2% of its market value in its completed state , per industry standards.
Bond Issuance
Bonds are issued through CMFA. In each case, the City Council has the discretion to approve the use of a CFD to acquire public facilities and the financing, and would enter into an agreement to receive the bond proceeds. The City also would agree at that time to meet the general requirements to maintain the tax exemption of interest on the bonds. CMFA adopts the resolutions needed to authorize and issue the special tax bonds and awards the sale to the bond underwriter.
Use of Bond Proceeds
Once the bond issuance occurs, bond proceeds are available to be disbursed. The proceeds are held by a bond trustee and are not directly paid to the developer but are available as directed by the developer and approved by the local agency, to be used to meet obligations to the City according to the structure and timing required for development approvals. Pursuant to an acquisition agreement or similar document, the City will determine and agree to its role in inspecting and accepting infrastructure and/or payment of financed impact fees.
The City will receive bond proceeds according to a joint community facilities agreement (JCFA), or similar agreement to be entered into between the City and CMFA, as needed, to ensure bond proceeds are spent in accordance with the Act and other applicable law. The resolution delegates to appropriate City staff authority to enter into these agreements from time to time in the future, as needed.
Underwriting for Bond Issuance
There are multiple options for the timing of the CFD formation. The CFD may be formed early in the development process, with issuance of bonds at a later time, or in multiple series. The following are the typical criteria for bond issuance.
Minimum 4:1 value-to-debt ratio (assessed or appraised); There are no discretionary approvals required for build-out of the portion of the CFD directly relating to the bond security;
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For a particular phase of a project to be bonded, entitlements for that phase must have been received;
A financing plan for infrastructure must be complete or imminent, and a performance bond must be in place.
Credit criteria will be reviewed by the underwriting team on a case -by-case basis to assure reasonable interest rates at the time of issuance. Additionally, similar credits can be pooled tog ether into a single bond issue with pooling flexibility assuring the most cost-effective bond issuance for each project.
Administration of the Bonds and the CFD
Administration of all aspects of the BOLD Program is handled by CMFA, without cost to or burden on the City. Federal regulations require annual disclosures to bond investors of information related to the bonds and the development project. BOLD Program administrators will handle this continuing disclosure reporting in consultation with developers.
CMFA Goal of Giving Back to Local Communities
CMFA shares a portion of its issuance fees directly with its member communities. In addition, a grant from a portion of the issuance fee is made to the California Foundation for Stronger Communities (“CFSC”) to fund charities designated by the City Council on behalf of the City. A portion of the annual fees received by CMFA are in turn directed to charitable activities within California communities, particularly those of members and participating local government agencies.
Information for Bond Marketing
Tax-exempt municipal bonds are sold through an offering document known as an Official Statement, which describes to potential purchasers of the bonds the terms, security and repayment of the bonds and details about the property securing the bonds. Prior to home sales, the land is owned by the developer, and relevant information for the Official Statement needs to describe the developer and the development plan. The financing team will work with the developer to provide the required information and approve the final language to be provided to prospective bond buyers. The development of the Official Statement is similar to the process the City uses to issue bonds on its own behalf, for instance Water and Wastewater infrastructure bonds.
Disclosure of Special Tax to Home Buyers
California law requires developers to disclose to home buyers the lien of any CFD special tax which will be present on the purchased property. The form of disclosure is simple and becomes part of the various sale documents presented to buyers for signature prior to a home sale.
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STAFF RECOMMENDATION
Staff recommend adoption of Resolution 2023 -155 authorizing City participation in the CMFA BOLD program. Future developments that wish to fund infrastructure or City facilities via the BOLD program will be individually approved by the City Council on a case-by-case basis.
ATTACHMENTS
1. Resolution 2023-155
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RESOLUTION NO. 2023-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA , AUTHORIZING USE OF THE
BOND OPPORTUNITIES FOR LAND DEVELOPMENT
(“BOLD”) PROGRAM AND AUTHORIZING THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO
ACCEPT APPLICATIONS FROM PROPERTY OWNERS,
CONDUCT PROCEEDINGS AND LEVY SPECIAL TAXES
WITHIN THE TERRITORY OF CITY OF ESCONDIDO
PURSUANT TO THE MELLO -ROOS COMMUNITY
FACILITIES ACT OF 1982, AS AMENDED; AND
AUTHORIZING RELATED ACTIONS
WHEREAS, the California Municipal Finance Authority (the “CMFA”) is a joint exercise of powers authority, the members of which include numerous cities, counties and other local agencies in the State of California (the “State”); and
WHEREAS, the City of Escondido (the “City”) is currently a member of CMFA in good standing; and WHEREAS, the CMFA has established the Bond Opportunities for Land Development Program (the “BOLD Program”) to allow the financing of certain public facilities and/or certain development impact fees that finance public facilities (together, the “Improvements”) levied by local agencies in the State through the levy of special taxes under the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, the CMFA from time to time may be requested by owners of land within the City to utilize the BOLD Program for the financing of Improvements related to new development within the City, which Improvements will be financed for acquisition by the City or to finance impact fees payable to the City in connection with new development; and
WHEREAS, the City desires to allow the owners of property to be developed within the non - incorporated portions of the City to participate in the BOLD Program (“Participating Developers”) and to allow the CFMA to conduct proceedings under the Act to form community facilities districts (“CFDs”) from time to time under the Act, to levy special taxes within such CFDs, and to issue bonds secured by such 301
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2 special taxes under the Act to finance the Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such special taxes and the issuance of such bonds; and
WHEREAS, property owners within the jurisdiction of the City may in the future elect to be Participating Developers upon obtaining approval of the City Council and of the CMFA, and the CMFA may conduct proceedings under the Act to form a CFD, levy special taxes within such CFD , and issue bonds secured by such special taxes to finance Improvements; and WHEREAS, the City will not be responsible for the conduct of any proceedings under the Act for the formation of any CFD; the l evy or collection of special taxes for any CFD or any required remedial action in the case of delinquencies in any special tax payments; or the issuance, sale or administration of any bonds issued in connection with the BOLD Program; and WHEREAS, the City finds that the BOLD program offered by the CMFA can provide significant public benefits, and in conformance with Government Code Section 6586.5 relating to the issuance of bonds by a joint powers authority of which the City is a member, notice was publishe d at least five days prior to the adoption of this resolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of the BOLD Program and the bond financing of the Improvements from time to time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California as follows:
1. The use of the BOLD Program in connection with the financing of Improvements is hereby authorized and approved. The appropriate officials and staff are hereby authorized and directed to allow BOLD Program participation to be available to property owners who are subject to the payment of fees for new development and/or who are conditioned to install public improvements in connection with new development.
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3 2. The City hereby finds and declares that the issuance of bonds by the CMFA in connection with the BOLD Program will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs and the more efficient delivery of local agency services to residential and commercial development within the City.
3. In connection with the issuance of bonds from time to time by the CFMA for the BOLD Program, a form of acquisition agreement, joint community facilities agreement or similar agreement will be required to be entered into, and the form of such agreement will be subject to approval by the City Council, or City Manager or Development Services Director if so designated . The City Council finds and declares that entrance into each such agreement will constitute a “joint community facilities agreement” for purposes of the Act and shall be beneficial to residents of the City. Any such agreement may include, directly or by re ference, City standards, policies and procedures applicable to the financing of public facilities constructed by developers for acquisition by the City.
4. The appropriate officials and staff of the City are hereby authorized and directed to allow and approve BOLD Program participation by requesting property owners that are required to install public improvements and/or the payment of fees in connection with new development in the City, including signing developer applications or other documents evidencing the official intent of the City to reimburse itself in connection with each project from the proceeds of tax-exempt obligations issued by CMFA as part of the BOLD Program, and to advise such owners requesting participation in BOLD that the City has approved the BOLD Program; provided, that the CMFA shall be responsible for providing applications and processing of documentation and related materials at its own expense.
5. This Resolution shall take effect immediately upon its adoption. The Clerk of the City Council is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of CMFA.
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STAFF REPORT
November 15, 2023
File Number 1310-50
SUBJECT
PROPOSED EDI RATE ADJUSTMENTS
DEPARTMENT
Utilities Department, Wastewater Division, Recycling and Waste Reduction
RECOMMENDATION
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.
Staff Recommendation: Approval (Utilities: Angela Morrow, Interim Director of Utilities) Presenter: Angela Morrow, Interim Director of Utilities
FISCAL ANALYSIS
The San Diego Consumer Price Index (“CPI”) for all urban consumers increased by 5.4810% from the first half of 202 2 to the first half of 202 3 (from 339.89 to 358.52 ). Pending City Council approval of the proposed rate increase, solid waste and recycling rates w ould increase by the same percentage. Per previous City Council approval, the Franchise Fee paid to the City by EDI will increase 0.5%, from 12.5% to 13%, a percentage of the total fees collected from customers for solid waste and recycling services, so the City’s Franchise Fee revenue will also increase with the CPI. (See Exhibit A). The City will therefore collect an additional $0.35 per month per customer in Franchise Fees for basic residential services and $1.62 per month for commercial services . The City’s General Fund received $3,038,640 in franchise fee revenue from EDI in FY2022/23. In addition, the City’s Recycling Fund received $430,870 in FY2022/23 from Household Hazardous Waste and AB 939 Fees.
The above-described Franchise Fees are revenue for the City’s General Fund. Increases in Base Rates for residential and commercial services will be detailed in the Background Section of this report. These Base Rates are distinct from the Franchise Fee and are retained by EDI.
PREVIOUS ACTION
On June 19, 2019, the City Council adopted Resolution No. 2019-142, authorizing a Franchise Agreement 304
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(“Agreement”) between the City, Escondido Disposal, Inc., and Escondido Resour ce Recovery, divisions of EDCO Refuse Services, Inc. The Agreement specified rates to be charged for solid waste and recycling services, established initial maximum rates paid by the ratepayers, and authorized the contractor to increase rates annually by a percentage equal to the previous year’s CPI increase. The Agreement established that the City Council must adopt, by resolution, the proposed annual increases submitted by EDI for these rates to take effect.
On November 20, 2019, the City Council conducted a Proposition 218 Hearing and adopted Resolution No. 2019 -142, approving Franchise Fee increases through 2024 , and including approval of a 2.7824 percent increase for residential and commercial collection services, effective January 1, 2020.
On October 28, 2020, the City Council adopted Resolution No. 2020 -130, approving a 1.3057 percent increase for residential and commercial collection services, effective January 1, 2021.
On November 3, 2021, the City Counc il adopted Resolution No. 2021 -158, approving a 4.0524 percent increase for residential and commercial collection services, effective January 1, 2022.
On November 16, 2022, the City Council adopted Resolution No. 2022 -158, approving a 8.1468 percent increase for residential and commercial collection services, effective January 1, 2023.
The rate increases in the table below were requested by EDI and approved by the City Council for basic residential and commercial collection services over the last five years:
Date
Residential
Increase
Commercial
Increase
January 2019
2.62%
1.46%
January 2020
2.7824%
2.7824%
January 2021
1.3057%
1.3057%
January 2022
4.0524%
4.0524%
January 2023 8.1468% 8.1468%
Proposed January 2024 5.4810% 5.4810%
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BACKGROUND
On September 13, 2023, the City received notice from Escondido Disposal, Inc., requesting an increase in the solid waste and recycling rates in accordance with Section 13.2(A) of the City of Escondido Waste and Recycling Franchise Agreement. The proposed rate increases are set by the 5.4810% change in the CPI between the first half of 202 2 and the first half of 2023. Pending approval of the rate increases by the City Council, residential and commercial rate increase notices will be mailed to customers in November 2023. Under the proposed CPI rate increase for residential accounts, the total monthly rate for curbside trash and recycling collection will increase by $1.67 per month, from $28.66 to $30.33.
Current commercial rates will be increased by the same change in CPI. A typical commercial rate for a three-yard container serviced one time per week will increase $ 7.66 per month, from $1 28.29 to $135.95. These total amounts include the base fee, franchise fee, AB 939 fee, and Household Hazard Waste fee. The proposed 5.4810% increase would become effective January 1, 2024, and would apply to all residential and commercial collection rates and services as p resented in Exhibit “A” to Resolution No. 2023-136.
Household Hazardous Waste (“HHW”) fees and AB 939 fees were established in 1994. AB 939 is an Assembly bill enacted into law that authorizes collection of fees to fund recycling and waste reduction programs required by the California Integrated Waste Management Act of 1989. HHW fees were last increased on January 1, 2006. AB 939 fees were last increased on January 1, 2019. No increases in either AB 939 or HHW fees are being requested at this time, therefore the HHW fee will remain $0.52 per month and the AB 939 fee will remain at $0.63 per month.
If the City Council adopts the proposed increases, the residential total monthly base rate for solid waste organics and recycling services and the commercial total monthly rate (using a three -yard permanent bin collected once per week as an example) will increase according to the following tables. These tables are for illustrated purposes; the complete list of recommended increases are provided in Exhibit A.
Basic Residential Rates
Basic Residential Rate Current Proposed Increase Effective 1/1/2024
Base $24.07 $1.32 $25.39
Franchise Fee $3.44 $0.35 $3.79
AB 939 $0.63 No Increase $0.63
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HHW $0.52 No Increase $0.52
Total $28.66 $1.67 Total Increase $30.33
Typical Commercial Rate
Basic Commercial Rate Current Proposed Increase Effective 1/1/2024
3-yard bin, once/week $110.29 $6.04 $116.33
Franchise Fee $15.76 $1.62 $17.38
AB 939 $1.72 No Increase $1.72
HHW $0.52 No Increase $0.52
Total $128.29 $7.66 Total Increase $135.95
The proposed increases to the rates and fees charged by EDI w ould become effective January 1, 2024, and apply to all commercial and residential collection rates. The complete tables of the new proposed rates are shown in Exhibit “A” to Resolution No. 2023-136.
ATTACHMENTS
A. Resolution No. 2023-136
B. Resolution No. 2023-136 Exhibit “A”
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RESOLUTION NO. 2023-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA , AMENDING THE CITY OF
ESCONDIDO WASTE AND RECYCLING FRANCHISE
AGREEMENT WITH EDCO REFUSE SERVICES, INC.
WHEREAS, in June 2019 the City of Escondido (“City”) approved a Waste and Recycling Franchise Agreement (the “Agreement”) with Escondido Resource Recovery and Escondido Disposal, Inc., Divisions of EDCO Refuse Services, Inc. (“EDI”) to provide residential, commercial, and industrial trash and recycling collection services; and
WHEREAS, Section 13 of the Agreement allows for an annual increase in the base rates by an amount not to exceed the percentage increase in the Consumer Price Index (“CPI”) for the previous year; and
WHEREAS, such base rate increases will be considered by the City Council upon receipt of written notice of the proposed increase, with notice coming no later than 60 days prior to the effective date of the proposed increase; and
WHEREAS, EDI requested an increase in the residential and commercial rates and fees to be effective January 1, 2024, and this request was made in writing on September 13, 2023; and WHEREAS, revised residential and commercial rates and fees were last approv ed on November 16, 2022, with a January 1, 2023 effective date; and
WHEREAS, the proposed revised residential and commercial rates and fees, to be effective January 1, 2024, and the calculation of the increased percentage in the Consumer Price Index is attached as Exhibit “A”; and
WHEREAS, notice of the residential and commercial rates revised for the allowed annual CPI increase are being mailed to all affected customers in Escondido in November 2023; and 308
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WHEREAS, the Director of Utilities recommends approval of the proposed increase in Solid Waste Disposal and Recycling rates and fees for residential and commercial accounts, effective January 1, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido , California, as follows:
1. That the above recitations are true.
2. The Residential and Commercial Solid Waste Disposal Organics and Recycling Rates set forth in Exhibit “A” of the Agreement attached to this Resolution and incorporated by this reference, will supersede all prior rates and fees for services as set forth in Exhibit “A.”
3. The Residential and Commercial Solid Waste Disposal Organics and Recycling Rates set forth in Exhibit “A” will be effective for all changes on or after January 1, 2024, unless otherwise specified in writing.
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Resolution No. 2023-136
Exhibit "A"
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Resolution No. 2023-136
Exhibit "A"
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Resolution No. 2023-136
Exhibit "A"
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Resolution No. 2023-136
Exhibit "A"
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Resolution No. 2023-136
Exhibit "A"
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Resolution No. 2023-136
Exhibit "A"
315
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Resolution No. 2023-136
Exhibit "A"
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Resolution No. 2023-136
Exhibit "A"
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CPI for All Urban Consumers (CPI-U)
Original Data Value
Series Id: CUURS49ESA0
Not Seasonally Adjusted
Series Title: All items in San Diego-Carlsbad, CA, all urban Area: San Diego-Carlsbad, CA
Item: All items
Base Period: 1982-84=100
Years: 2012 to 2022
Year Jan Feb
2013
2014
2015
2016
2017
2018 288.331
2019 295.761
2020 302.564
2021 307.688
2022 332.99
2023 354.453
Mar
290.81
297.226
302.589
315.035
339.852
358.026
Apr May
289.243
300.303
301.317
317.141
343.502
361.339
Jun Jul Aug
295.185
299.333
305.611
323.906
347.462
362.412
Sep Oct Nov Dec Annual HALF1 HALF2
260.317 258.955 261.679
265.145 265.251 265.039
269.436 267.346 271.526
274.732 272.628 276.837
285.961 283.012 281.561 284.464
295.883 293.858 292.547 290.076 295.018
301.033 301.52 299.433 298.147 300.718
304.443 306.334 303.932 302.04 305.823
324.138 326.422 319.761 314.282 325.241
350.721 348.145 344.416 - 339.886 348.945
358.515
I
18.629
CPI% Change 5.4810% eff 1/1/24
Resolution No. 2023-136
Exhibit "A"
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STAFF REPORT
November 15, 2023
File Number 0120-10
SUBJECT
PUBLIC ART COMMISSION INTERVIEWS
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council conduct interviews of applicants and fill an unscheduled vacancy on the Public Art Commission.
Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
BACKGROUND
On June 28, 2023, Commissioner Lynne Dillender resigned from the Public Art Commission, creating an unscheduled vacancy, with a term set to expire on March 31, 2024.
ATTACHMENTS
a. Attachment 1 – Candidate Applications
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Name Carol Rogers
Address
Do you live in the City of Escondido Limits? yes
Do you live in the General Plan Area? yes
Home Phone
Email Address
Length of time you lived in the area 20 years
Employer Stone and Glass
Occupation General Manger
Business Address 629 W Grand Ave, 92025
Business Phone 760-294-7447
Board of Commission for which you are applying? Public Art Commission If you have filed additional applications for other boards or commissions, please list them in order of preference none
If you are an incumbent, how long have you served in your current position n/a Have you ever been a member of any City board or Commission, or employed by the City of Escondido no
If so what capacity? n/a
Are any persons now employed by the City of Escondido related to you by blood or by marriage? no If so, list name and relationship? n/a
Personal References (Name/Address/Business Address/Occupation) Louisa Magoon, The Grand Tea Room, 145 W Grand Ave, 92025 Owner Heather Thelan, Hawthorne Country Store, 675 W Grand Ave, 92025 Owner Bill Reid, National University, 9388 Lightwave Ave, San Diego 92123 , Academic Program Director, home address
Community Involvement: List present membership in any community service or civic organizations, if any? Treasurer/Board member Escondido Downtown Business Association Committee member Esco Art Alley Facilitator Museums and Arts Growing Escondido Culture (MAGEC) Attachment "1"
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Name Julia Walder
Address
Do you live in the City of Escondido Limits? No
Do you live in the General Plan Area? Yes
Home Phone
Email Address
Length of time you lived in the area 38 years
Employer Retired from the Escondido Union School District in June, 2016.
Occupation Teacher: Managed and taught in an ESL Language Lab at Lincoln Elementary School for 9 years. Opened Farr Elementary School in Escondido as a lead second grade teacher and taught there for 12 years.
Business Address EUSD Office, 2310 Aldergrove Ave., Escondido Business Phone (760) 432-2400
Board of Commission for which you are applying? Public Art Commission If you have filed additional applications for other boards or commissions, please list them in order of preference N/A
If you are an incumbent, how long have you served in your current position N/A Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? N/A
Are any persons now employed by the City of Escondido related to you by blood or by marriage? Noi If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Terri Ryan -- Friend for 33 years. Presently, a member of the Public Art Commission. Jerry Morgan -- Recently
downsized and moved to Rancho Bernardo after living in Escondido for 30+ years. Retired: Former Director of Basic Needs at Escondido Interfaith Community Services Debbie Davies -- Friend and neighbor since 1985. Retired Social
Worker
Community Involvement: List present membership in any community service or civic organizations, if any? N/A
Attachment "1"
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Name Charlie Mejia
Address
Do you live in the City of Escondido Limits? yes
Do you live in the General Plan Area? yes
Home Phone
Email Address
Length of time you lived in the area 30+ years
Employer EUHSD
Occupation Teacher
Business Address n/a
Business Phone n/a
Board of Commission for which you are applying? Public Art Commission If you have filed additional applications for other boards or commissions, please list them in order of preference n/a
If you are an incumbent, how long have you served in your current position n/a Have you ever been a member of any City board or Commission, or employed by the City of Escondido no
If so what capacity? n/a
Are any persons now employed by the City of Escondido related to you by blood or by marriage? no If so, list name and relationship? n/a
Personal References (Name/Address/Business Address/Occupation) Abi Leaf EUHSD Assistant Principal University of San Diego Adjunct Faculty Zane Kingcade Business Owner Artist
Community Involvement: List present membership in any community service or civic organizations, if any? Escondido Mural Committee
Attachment "1"
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STAFF REPORT
November 15, 2023
File Number 0130-10
SUBJECT
REVIEW AND UPDATE CITY COUNCIL INTERAGENCY AND SUBCOMMITTEE ASSIGNMENTS
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council review and update the City's current interagency and council subcommittee assignments.
Staff Recommendation: Approval (Mayor: Dane White)
Presenter: Mayor Dane White
BACKGROUND
On November 1, 2023, Mayor White requested an item be placed on the Future Agenda to review City Council interagency and subcommittee assignments (Attachment “1”).
ATTACHMENTS
1. Current Council Interagency and Subcommittee Appointment List 323
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COUNCIL REPRESENTATIVE STAFF
INTERAGENCY APPOINTMENTS
CITY OF ESCONDIDO COUNCIL APPOINTMENTS
ESCONDIDO CREEK
WATERSHED
03 JOE GARCIA
CONSUELO MARTINEZ (ALTERNATE)
ANGELA MORROW
CHRISTOPHER MCKINNEYCLEAN ENERGY
ALLIANCE
02 CHRISTOPHER MCKINNEYAIR POLLUTION
CONTROL
01 CHRISTIAN GARCIA
JOE GARCIA (ALTERNATE)
SEAN MCGLYNNLEAGUE OF CA
CITIES
04 JOE GARCIA
DANE WHITE (ALTERNATE)
CHRISTOPHER MCKINNEYNORTH COUNTY
TRANSIT DISTRICT
05 MIKE MORASCO
DANE WHITE (ALTERNATE)
ANGELA MORROWREGIONAL SOLID
WASTE ASSOC.
06 SANDAG07 SEAN MCGLYNN
ANGELA MORROWSD COUNTY WATER
AUTHORITY
08 CHRISTIAN GARCIA
DANE WHITE (ALTERNATE)
JOANNA AXELRODSAN DIEGUITO
RIVERPARK JPA
09 CONSUELO MARTINEZ
JOE GARCIA
CHRISTIAN GARCIA
DANE WHITE
MIKE MORASCO (ALTERNATE)
JOE GARCIA (SECOND ALTERNATE)
CONSUELO MARTINEZ
DANE WHITE (ALTERNATE)
JOE GARCIA
MIKE MORASCO (ALTERNATE)
JOHN TENGERNORTH COUNTY
DISPATCH JPA
10 Attachment "1"
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CITY OF ESCONDIDO COUNCIL APPOINTMENTS
LOCAL SUBCOMMITTEES
COUNCIL REPRESENTATIVE STAFF
ECONOMIC
DEVELOPMENT
05 DANE WHITE
JOE GARCIA
JENNIFER SCHOENECK
DANE WHITE
CHRISTIAN GARCIA
CHRISTOPHER MCKINNEY
DOWNTOWN
PARKING
04 CONSUELO MARTINEZ
JOE GARCIA
CHRISTOPHER MCKINNEYCCAE03
CONSUELO MARTINEZ
DANE WHITE
ZACK BECK
BOARDS AND
COMMISSIONS
01 CHRISTIAN GARCIA
MIKE MORASCO
ANGELA MORROWUTILITIES09
JOE GARCIA
CHRISTIAN GARCIA
JENNIFER SCHOENECK
SCHOOLS08
MIKE MORASCO
CHRISTIAN GARCIA
CHRISTOPHER MCKINNEY
HOUSING07
CONSUELO MARTINEZ
MIKE MORASCO
CHRISTINA HOLMES
BUDGET02
HOMELESSNESS06 DANE WHITE
JOE GARCIA
CHRISTOPHER MCKINNEY
DANE WHITE
JOE GARCIA
SEAN MCGLYNNDEFICIT10
Attachment "1"
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STAFF REPORT
November 15, 2023
File Number 0610-90
SUBJECT
RECONSIDERATION OF PUBLIC COMMENT POLICY
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
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.
Staff Recommendation: Approval (City Council: Christian Garcia) Presenter: Christian Garcia
PREVIOUS ACTION
On August 16, 2023 the City Council voted 4 -1 (White: No) to approve Resolution No. 2023 -111R (Attachment 1). In so doing, the following language related to electronic public comments was added to the Council Policies and Rules of Procedure:
Members of the public can submit comments electronically through the City’s Website for items on the agenda as well as “Oral Communications.” Comments submitted electronically will be provided to the City Council by the City Clerk prior to the council meeting and read out loud by the City Clerk during the Council Meeting for which the comments apply. Those comments shall thereafter be permanently filed with the minutes of the meeting.
BACKGROUND
Per Section 18 of Resolution No. 2023-11R:
Any member of the Council, voting in the majority on any action of the Council, may at the same meeting, or at a subsequent time, request the Council reconsider an action. A reconsideration request made by a member of the Council voting in the minority shall not be allowed, except when made more than one (1) year after the date of the original action.
All requests for reconsideration of a Council action shall be provided to each Council member, and the City Manager in writing or via electronic mail, and the request shall be placed on the next 326
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available agenda. In the event an item to be reconsidered req uires public notice, it shall be calendared and noticed after Council determines when reconsideration shall occur.
On November 2, 2023, Councilmember Christian Garcia emailed the Mayor, City Council and t he City Manager (Attachme nt 2 ) requesting that a rec onsideration of the August 16, 2023 vote in favor of Resolution No. 2023-111R (Attachment 3) be placed on the Future Agenda.
If Council approves Resolution No. 2023-158, it would amend Section 6 of the Council Policies and Rules of Procedure to read as follows:
Members of the public can submit comments electronically through the City’s Website for items on the agenda as well as “Oral Communications.” Comments submitted electronically will be provided to the City Council by the City Clerk prior to the council meeting for which the comments apply. Those comments shall thereafter be permanently filed with the minutes of the meeting.
RESOLUTIONS
a. Resolution No. 2023-158
ATTACHMENTS
a. Attachment 1 – Resolution No. 2023-111R
b. Attachment 2 – Reconsideration Request from Councilmember Garcia c. Attachment 3 – August 16, 2023 City Council Meeting Minutes 327
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1 RESOLUTION NO. 2023-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AMENDING AND
READOPTING RULES OF PROCEDURE FOR CITY COUNCIL
MEETINGS AND CITY COUNCIL POLICIES
WHEREAS, the City Council of the City of Escondido, State of California, has previously adopted resolutions which provide Rules of Order and Procedure for City Council meetings and certain written policies governing Council procedures, methods of operation and ethics which are amended from time to time; and
WHEREAS, the City Council wishes to re-adopt its Rules and Policies for the purpose of including certain amendments and clarifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
1. That the above recitations are true.
2. That the following Rules shall govern the City Council:
Section A: Rules of Order and Procedure
1. Time of Regular Meetings.
Unless the City Council schedules otherwise or cancels a meeting, the City Council shall hold regular meetings at 4:00 p.m. commencing with closed ses sion items and thereafter at 5:00 p.m. commencing with a public session on each of the first four (4) Wednesdays of each calendar month at the City Hall.
2. Matters Covered.
For the purpose of efficiently focusing only on matters affecting the City of Escondido, t he Council should consider those resolutions, motion s or matter s which affect the conduct of the business of the City of Escondido or its corporate powers or duties as a municipal corporation , or such resolutions or motion s supporting or 328
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2 disapproving legislation or action s pending in the Legislature of the S tate of California, the Congress of the United States or before any officer or agency of said State or nation where such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of E scondido or its officers or employees as such.
3. Order of Business. Regular business of the Council at the 5:00 p.m. public session shall be taken up for consideration in substantially the following order, except as may be otherwise ordered by the Mayor or Council:
a. Moment of Reflection
b. Flag Salute
c. Roll Call
d. Closed Session Report
e. Proclamations/Presentations
f. Consent Calendar, including Affidavits of Publications, Mailing, Posting , Warrant Register & Minutes Approval
g. Public Hearings
h. Current Business Matters
i. Future Agenda Items
j. Council Members Subcommittee Reports
k. Council Member Reports
l. City Manager’s Weekly Activity Report Highlights
m. Oral Communications
n. Adjournment
4. Consent Calendar Defined.
Those items on the Council agenda which are generally considered routine matter of business such as the approval of minutes, approval of the warrant register, Notices of Project Completion, Treasurer's Quarterly Investment Report, certain contract and grant awards, resolutions setting hearings, final maps , and various leases and agreements are 329
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3 listed on the “Consent Calendar" and shall be adopted by one motion unless Council, staff or a member of the public requests specific items to be discussed and/or removed for separate action. Those items so approved under the heading “Consent Calendar" will appear in the Council minutes in their proper form, i.e., resolution accepting grant deed or easement, approval of minutes, award of bid, etc.
From time to time, the Council may schedule a “workshop” style meeting. Such workshops shall comply with all applicable noticing laws and shall be dedicated primarily to general information gathering and sharing, discussion and possible direction to staff.
Final actions of the Council shall not take place at workshop sessions.
5. Oral Communications.
Time has been reserved near the end of each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on items of interest to the public. The Mayor as the presiding officer may at his or her discretion reduce or extend the time for a speaker or speaker representative to address the Council consistent with the Ralph M. Brown Act. Members of the public that speak during “Oral Communications” may not demand audio/visual support from the City Clerk or City Staff.
Comments on an item alre ady appearing on the agenda shall only be taken at the time reserved for discussion of that agenda item. No action will be taken by the Council on items discussed under Oral Communications , except to refer the matter to staff or schedule for future action.
6. Electronic Public Comment
Members of the public can submit comments electronically through the City’s Website for items on the agenda as well as “Oral Communications.” Comments submitted electronically will, if feasible, be provided to the City Council by the City Clerk 330
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4 prior to the council meeting for which the comments apply. Those comments shall thereafter be permanently filed with the minutes of the meeting.
7. Council Member Reports.
The Council Member Report agenda item provides members of the Council an opportunity to report matters of general interest to the public a nd their fellow Council Members. No actions, votes or further discussions shall occur on any such matter(s).
8. Council Action on Agenda Matters.
Prior to any vote or discussion by the Council on a matter to be decided on the agenda, City staff shall provide a presentation and/or answer questions, if requested, and thereafter, any Council member may seek recognition by the presiding officer and make a motion to adopt such item, and thereafter, the presiding officer shall determine if another Council member, including the presiding officer, seconds the motion . If the motion receives a second, the matter may be debated before putting the motion to a vote of the Council. A motion that fails to obtain a second or a majority vote shall die.
9. Manner of Addressing Council - Time Limit.
a. Each person addressing the Council shall step up to the microphone, shall state their name and city of residence in an audible tone of voice for the record and, unless further time is granted by the presiding officer, shall limit their address to three (3) minutes. If significant numbers of persons desire to speak on a given item, the presiding officer has the discretion to limit speaking times and/or alter the sequence of hearing matters on the agenda . Longer time limits may be permitted for an applicant, appellant, or spokesperson for a larger group, at the discretion of the presiding officer.
b. Whenever any group of persons wishes to address the 331
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5 Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council and, in case additional matters are to be pres ented at the time by any other member of the said group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetitions before the Council.
c. City staff presentations and responses to Council questions are not governed by this time limit.
10. Posting of Agenda.
At least 72 hours before a regular meeting, the City Clerk shall post a certified copy of the agenda specifying the time and location of the regular meeting in a place accessible so as to be available for review by members of the public.
11. Content of Agenda.
Under state law, the City Council is limited to consideration of items which are on a posted agenda. Items may be placed on an agenda by city staff, by the Mayor, or upon the request of an individual Council member in coordination with the City Manager. The City Manager shall be in charge of preparing the Council agenda and all items shall be coordinated with the City Manager. To the fullest extent practicable, any items placed on the agenda by the Mayor, any Council member or City staff should also be listed under "Future Agenda Items" as early as possible to assure the best possible advance notice of the nature of items and discussion which are upcoming.
12. Proclamations and Presentations.
The City of Escondido recognizes members of the public, groups, or other entities in different ways. Individual Councilmembers may request the preparation of a Certificate of Achievement, Acknowledgment, or Recognition (depending on the 332
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6 circumstances) to be presented in their individual capacity as a member of the City Council. Such certificates shall be prepared by the City Manager’s office in a manner such as to preserve consistency in design and form of the City. Such certificates shall be requested directly from the City Manager’s office, with ample advance notice to the City Manager’s office to enable preparation and delivery. Each Council member requesting a certificate shall be solely responsible for providing the content and verifying the accuracy of the document. Multiple Councilmembers may sign and present such certificates subject to coordination among themselves.
The Mayor and any Councilmember may also recommend the public acknowledgement of any member of the public, group, entity or matter of public interest through the issuance and presentation of a formal proclamation on behalf of the City of Escondido. Such recommendations shall be made in coordination with the City Manager’s office. Upon approval by the Mayor, such proclamations shall then be prepared by the City Manager’s office in a manner such as to preserve consistency in design and form of the City. Proclamations will normally be signed on behalf of the City by the Mayor.
However, if some or all City Councilmembers also wish to sign a proclamation, and signatures can be obtained in a timely manner, proclamations may be signed by the full City Council or by those members wishing to sign the document. Proclamations shall normally be presented by the Mayor at the commencement of a meeting of the City Council, unless circumstances dictate the presentation of the proclamation elsewhere. Any disagreement with whether or not such a proclamation shall be issued shall be resolved by a majority vote of the City Council.
The Mayor or an y Councilmember may request that a presentation to the City Council at a regular meeting be made by members of the public, other public entities, or other groups, on issues of interest to the City Council or members of the public. Such 333
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7 presentations shall be coordinated with the Mayor and the City Manager’s office and shall be subject to scheduling in a manner that does not interfere with the need to conduct normal City business. Any disagreement with whether or not such a presentation is to be scheduled shall be resolved by a majority vote of the City Council.
13. Closing Time of Council Meetings.
No agenda item may be introduced after the hour of 10: 00 p.m.; however, the meeting may be extended beyond 10: 00 p.m. upon a majority vote of the Council members.
14. Processing of Motions.
a. When a motion is made, it shall be stated clearly and concisely by its mover. After a motion is made and seconded, it may be stated by the presiding officer before debate. A motion may be withdrawn by the mover without consent of the Council members.
b. The presiding officer shall at any time by majority consent of the Council members, permit a Council member to propose the reordering of agenda items.
c. If a question contains tw o or more divisible propositions, the presiding officer may, and upon request of a Council member shall, divide the same.
15. Precedence of Motions.
a. When a motion is before the Council, no motion shall be entertained except (precedence in order indicated):
(1) To adjourn
(2) To fix hour of adjournment
(3) To lay on the table
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8 (4) For the previous question
(5) To postpone to a certain day
(6) To refer
(7) To amend
(8) To postpone indefinitely
b. A motion to adjourn shall be in order any time, except as follows:
(1) When repeated without intervening business or discussion (2) When made as an interruption of a Council member while speaking
(3) When the previous question has been ordered
(4) While a vote is being taken
c. A motion to adjourn “to another time" is debatable only as to the time to which the meeting is adjourned.
d. A motion to table or lay on the table is not debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table" only by adding it to the agenda of the next regular meeting, to be discussed at the following regular meeting.
e. A motion for previous question shall close debate on the main motion and shall be undebatable. The statement by a Council member of “question" does not accomplish the same purpose. If a motion fails, debate is reopened; if motion passes, then vote shall be taken on the main motion.
f. A motion to amend shall be in order and is debatable only as to amendment. A motion to amend an amendment shall not be in order.
An amendment modifying the intention of a motion shall be in order but an amendment relat ing to a different matter shall not be in order. A 335
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9 substitute motion on the same subject shall be acceptable and amendments are to be voted first, then the main motion is amended. g. A motion to postpone indefinitely shall be fully debatable and if the same is adopted, the principal motion shall be declared lost. A motion to postpone to a definite time shall be amendable and debatable as to propriety of postponement and time set.
h. A motion to refer shall not be debatable except for the propriety of referring.
16. Administrative Mandamus.
Persons who are dissatisfied with a decision of the City Council may have the right to seek review of that decision by a court. In addition, the City has adopted Section 1094.6 of the Code of Civil Procedure which generally limits to ninety (90) days the time within which the decision of City boards and agencies may be judicially challenged.
17. Appeals; Continuances.
Any person appealing an action of a City Board or Commission or City Staff to the City Council has a right to two two-week postponements of the initial hearing scheduled on the appeal. After exhaustion of this right, the appeal shall be considered withdrawn.
This procedure shall not limit the ability of the City Council to continue a hearing which has commenced to a subsequent meeting to receive additional public testimony or information from City Staff.
18. Reconsideration.
Any member of the Council, voting in the majority on any action of the Council, may at the same meeting , or at a subsequent time, request the Council reconsider an action. A reconsideration request made by a member of the Council voting in the minority shall not be allowed, except when made more than one (1) year after the date of the original action.
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10 All r equests for reconsideration of a Council action shall be provided to each Council member, and the City Manager in writing or via electronic mail, and the request shall be placed on the next available agenda. In the event an item to be reconsidered requires public notice, it shall be calendared and noticed after Council determines when reconsideration shall occur.
19. Personal Privilege.
The right of any Council member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character or motives are questioned.
20. Council Conduct.
Each member of the Council shall act in a courteous and respectful manner to all members of the Council , including providing each member the full opportunity to ask questions, voice opinions and make statements without interruption during closed and open sessions of the Council.
21. Parliamentarian.
A majority vote of the Council shall generally control matters of procedure not addressed by this Resolution. The City Attorney shall decide all other questions of interpretations of these rules and any other questions of a parliamentary nature which may arise at a City Council meeting.
22. Voting and Non-Profit Entity Membership.
It shall be the policy of this Council that a council member who serves on the governing board of a private non-profit entity shall not participate in the discussion or voting process to determine whether or not tha t entity receives City funds. In the event the request of a non-profit entity with a council member on its governing board is part of 337
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11 a larger request involving several items, or is part of the budget process, a separate vote shall be taken to allow the necessary abstention.
23. Selection of Chairperson.
In the event that the Mayor and the Deputy Mayor are absent from a City Council meeting, the three remaining Council members present shall promptly determine which Council member will conduct and serve as the chairperson of the meeting.
24. Decorum and Security.
a. While the City Council is in session, the Council members, staff, and members of the public are expected to act in a manner to preserve order and decorum for the meeting. No person shall engage in disorderly or disruptive behavior during the meeting. No person shall, either by conversation, applause, shouting, or any other conduct, interrupt or delay the proceedings. b. The City Manager, in coordination with the Mayor and/or Deputy Mayor, are authorized to and shall designate and post signs specifying those areas of the Chamber for the media wishing to record the meeting, areas for staff presentations, and areas which are restricted to City employees and elected officials.
c. Signs, placards, posters, or similar objects which are large r than 8.5 by 11 inches and which disrupt the proceedings shall not be displayed during Council proceedings by members of the public.
Section B: City Council Policies.
1. Correspondence with Members of the City Council.
The purpose of this policy is to provide for a coordinated response to correspondence (i.e. letters, emails, and similar items) which is sent to the City generally, or in which the same correspondence is sent in identical fashion to all Council members. 338
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12 In su ch circumstances, the Council directs that the Mayor (or as appropriate the City Manager or City Attorney) shall answer such correspondence on behalf of the City, according to the procedure set forth below.
In addition to individual e -mail addresses, t he City Manager’s Office shall also establish a shared email address by which citizens may direct emails to all Council members at the same time. The shared email address shall be featured on the City’s website and in other publications in such a manner as to allow citizens to use the address and thereby communicate with all Council member s at the same time. All Council members shall have access to review items in the mailbox at all times. All responses to such emails shall also be sent from the shared mailbox, such that all Council members may review such responses.
With respect to other communications, such as those involving other governmental entities, organizations , and related entities where such communication occurs between the entities rather than specific individuals, the Mayor sh all respond on behalf of the City, with copies to all Council members. Matters involving routine city administrative issues shall generally be responded to by either the City Manager or City Attorney, as appropriate, on behalf of the City. With respect to correspondence that consists of invitations to events, the Mayor and Council shall coordinate such invitations with the City Manager's support staff.
Because substantial portions of City Council communication, whether electronic or written, is subject to California's Public Records laws, all City Council communications shall be coordinated with the City Manager for the purpose of compliance with various laws governing public records. All Council members using city computers shall be subject to the City's Administrative Directives regarding computer use.
2. Press Releases.
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13 All press releases on behalf of the City shall be issued on City letterhead and only on behalf of the City generally or the entire City Council. Press releases shall be prepared and coordinated by the City Manager’s Office.
3. Council Calendar.
The responsibility for managing the calendars of the City Council and the City Council members shall be delegated to the City Manager's secretary.
4. Audits.
Staff shall informally assist the City Council in a periodic accounting of individual expenditures for travel, phone use, etc.
5. Council Travel Policy.
Council members shall be bound by all City polic ies, as expressed in Administrative Directives or otherwise, regarding travel on City business.
The City Council shall fix an amount in the City Council budget which each Council member may use for business-related education and travel expenses, including attendance at seminars, conferences and other related educational opportunities. These funds will be separate from any budget e stablished for Council member participation in committees associated with other public agencies and entities. If these funds are not used during the fiscal year appropriated, they shall be returned to the General Fund.
Elected officials shall provide brief reports on meetings attended at the City’s expense at the next regular City Council meeting. If multiple elected officials attended, a joint report may be made. Reports may be provided in writing as part of the Agenda packet distribution.
6. Council Communication with Staff.
The Council members shall request information or give direction only to the City Manager or City Attorney , or those persons designated by the City Manager or City 340
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14 Attorney to assist the Council members in such inquiries or requests . Requests for information should be directed to the City Manager , although incidental or minor requests (not involving analysis or significant time) may be requested directly from department heads, with a copy to the City Manager . Requests which involve change of policy, expenditure of funds, or use of significant staff time shall be submitted to the full Council for approval.
7. Review of Reimbursements.
The Director of Finan ce or a designee shall review all City Council requests for reimbursement of expenses for consistency with City policy on such expenses.
In all cases, Council members shall be bound by the same policies and procedures adopted and applicable for all City employees on a citywide basis. To the extent such policies provide for per diem reimbursements, auto allowances, and related forms of reimbursement rather than receipt-specific reimbursement, it is hereby determined that such per diem or fixed amount reimbursements, so long as applicable to all city employees, are the best and most efficient method of reimbursing expenses on an actual and necessary basis.
9. Council Salary.
To assure attention to the Council compensation allowable under state law , the City Council shall have an agenda item during a meeting in December of odd number ed years for the purpose of determining whether or not to take action regarding Council compensation.
10. Campaign Activity Funding.
The City Council shall not direct or authorize the expenditure of public funds to prepare or distribute a publication or communication when the style, tenor, and timing of the publication or communication demonstrates that it constitutes traditional 341
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15 campaign activity or that it supports or opposes the approval or rejection of a ballot measure.
11. Council Use of City Staff for Public Events.
The Council believes that making opportunities available for Council members to interact with the public outside of regular public meetings is a benefit to the Council and residents of the City. The ability to communicate to the public the availability of the Councilmembers for such events is critical to their success.
Council members may request through the City Manager’s Office the services of City staff to assist in the hosting of public events related to City business including, but not limited to , the electronic posting o f notices of public events involving the Council members on the City’s social media platforms . To the greatest extent possible, t he amount of staff resources devoted to such efforts shall be equal among all Council members.
To the extent any such staff efforts require time beyond the posting of notices on the City’s or related website, the City Manager shall be responsible for determining whether such personnel resources are available, whether there is a sufficient budget to cover the costs related to such efforts, and ensuring that all council members may obtain like and equal services during the course of any fiscal year . Council members shall not use any city staff or resources as part of, or in coordination with, any campaign for public office.
Section C: City Council Ethics Policy.
1. Declaration of Policy.
The respected operation of democratic governmen t emphasizes that elected officials be independent, impartial, and responsible to the people. It requires that they conduct themselves in a manner above reproach.
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16 This Ethics Policy provides the following general guidelines and specific prohibitions to which elected Escondido City Officials must conform in pursuit of their assigned duties and responsibilities. This policy is in addition to all applicable provisions of state law, including the Brown Act, the Political Reform Act and implementing regulations, and all other laws governing the conduct of elected officials.
2. Disclosure of Closed Session Matter.
No member of the City Council shall disclose to any person, other than members of the Council, the City Attorney, the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, the content or substance of any information presented or discussed during a closed session meeting unless the City Council first authorizes such disclos ure by the affirmative vote of three members.
3. Disclosure of Confidential Communications.
Except when disclosure is mandated by state or federal law, no member of the City Council shall disclose to any person, other than members of the Council , the City Attorney, or the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, the content or substance of any confidential or privileged communication relating to matters of City business, received under circumstances where the confidential or privileged nature of the communication is reasonably conveyed, unless the City Council first authorizes such discl osure by the affirmative vote of three members of the City Council.
4. Conduct During Negotiations/Litigation.
The City Council is authorized to provide direction to specifically
identified negotiators in a legally constituted closed session on matters involving pending litigation, real estate negotiations, and labor negotiations. If the City Council in closed 343
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17 session provides such direction to its negotiators, all contact with the negotiating party or the party's representative , shall be limited to , and made by , those individuals designated to handle the negotiations.
During a pending labor negotiation, no member of the City Council shall communicate any negotiating position on behalf of the City or engage in any negotiations for employee salary, benefits or working conditions. In addition, during pending litigation or real estate negotiations, no member of the City Council (unless they have been designated as a negotiator) shall have any contact or discussion with the litigating or negotiating party or the party's representative regarding the subject matter of the pending litigation or real estate negotiations.
No member of the City Council shall communicate or disclose to any person, other than members of the Council, the City Attorney, the Cit y Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, any discussion or information received in closed session regarding the negotiation or litigation.
Nothing in this section shall prohibit Council member s from receiving written communications provided they are made available to all Council member s, the City Manager, the City Attorney, and the City's designated negotiators on an equal basis.
5. Ex Parte Communications.
The purpose of this p rovision is to guarantee that all interested parties to any adjudicatory matter before the City Council have equal opportunity to express and represent their interests. Ex parte communications are those communications members of the City Council have with representatives of only one side of a matter outside the presence of other interested parties on a matter relevant to an adjudicatory proceeding. 344
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18 A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.
Any written or oral ex parte communication received by a member of the City Council in matters where all interested parties are entitled to an equal opportunity for a hearing shall be made a part of the record by the recipient.
6. Violations and Penalties.
Any violation of this Ethics Policy by a member of the City Council shall constitute official misconduct if determined by an affirmative vote of three members of the City Council in an open and public meeting. In addition to any criminal or civil penalties provided for by federal, state or other local law, any violation of this Ethics Policy shall constitute a cause for censure by City Council adoption of a Resolution of Censure. 345
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1 RESOLUTION NO. 2023-111R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AMENDING AND
READOPTING RULES OF PROCEDURE FOR CITY COUNCIL
MEETINGS AND CITY COUNCIL POLICIES
WHEREAS, the City Council of the City of Escondi do, State of California, has previously adopted resolutions which provide Rules of Order and Proced ure for City Council meetings and certain written policies governing Council procedures, methods of operation and ethics which are amended from time to time; and
WHEREAS, the City Council wishes to re-adopt it s Rules and Policies for the purpose of including certain amendments and clarifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
1. That the above recitations are true.
2. That the following Rules shall govern the City Council:
Section A: Rules of Order and Procedure
1. Time of Regular Meetings.
Unless the City Council schedules otherwise or cancels a meeting, the City Council shall hold regular meetings at 4:00 p.m. commencing with closed session items and thereafter at 5:00 p.m. commencing with a public session on each of the first four (4) Wednesdays of each calendar month at the City Hall.
2. Matters Covered.
For the purpose of efficiently focusing only on matters affecting the City of Escondido, the Council should consider those resolutions, motions or matters which affect the conduct of the business of the City of Escondido or its corporate powers or duties as a municipal corporation, or such resolutions or motions supporting or
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2 disapproving legislation or actions pending in the Legislature of the State of Cal ifornia, the Congress of the United States or before any officer or agency of said State or nation where such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of Escondido or its officers or employees as such.
3. Order of Business. Regular business of the Council at the 5:00 p.m. public session shall be taken up for consideration in substantially the following order, except as may be otherwise ordered by the Mayor or Council:
a. Moment of Reflection
b. Flag Salute
c. Roll Call
d. Closed Session Report
e. Proclamations/Presentations
f. O ral Communications (up to 15 minutes or as directed by the Mayor) g. Consent Calendar, including Affidavits of Publications, Mailing, Posting , Warrant Register & Minutes Approval
h. Public Hearings
i. Current Business Matters
j. Future Agenda Items
k. Council Members Subcommittee Reports
l. Council Member Reports
m. City Manager’s Weekly Activity Report Highlights
n. Oral Communications
o. Adjournment
4. Consent Calendar Defined.
Those items on the Council agenda which are generally considered routine matter of business such as the approval of minutes, approval of the warrant register, Notices of Project Completion, Treasurer's Quarterly Investment Report, certain contract and grant Attachment "1"
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3 awards, resolutions setting hearings, final maps , and various leases and agreements are listed on the “Consent Calendar" and shall be adopted by one motion unless Council, staff or a member of the public requests specific items to be discussed and/or removed for separate action. Those items so approved under the heading “Consent Calendar" will appear in the Council minutes in their proper form, i.e., resolution accepting grant deed or easement, approval of minutes, award of bid, etc.
From time to time, the Council may schedule a “workshop” style meeting. Such workshops shall comply with all applicable noticing laws and shall be dedicated primarily to general information gathering and sharing, discussion and possible direction to staff.
Final actions of the Council shall not take place at workshop sessions.
5. Oral Communications.
Time has been reserved near the beginning and end of each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on items of interest to the public. The Mayor as the presiding officer may set a limit on the time at the beginning of the meeting devoted to oral communications and may at his or her discretion reduce or extend the time for a speaker or speaker representative to address the Council consistent with the Ralph M. Brown Act. Members of the public that speak during “Oral Communications” may not demand audio/visual support from the City Clerk or City Staff. Comments on an item already appearing on the agenda shall only be taken at the time reserved for discussion of that agenda item. No action will be taken by the Council on items discussed under Oral Communications, except to refer the matter to staff or schedule for future action.
6. Electronic Public Comment
Members of the public can submit comments electronically through the City’s Website for items on the agenda as well as “Oral Communications.” Comments Attachment "1"
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4 submitted electronically will be provided to the City Council by the City Clerk prior to the council meeting and read out loud by the City Clerk during the Council Meeting for which the comments apply. Those comments shall thereafter be permenantly filed with the minutes of the meeting.
7. Council Member Reports.
The Council Member Report agenda item provides members of the Council an opportunity to report matters of general interest to the public a nd their fellow Council Members. No actions, votes or further discussions shall occur on any such matter(s).
8. Council Action on Agenda Matters.
Prior to any vote or discussion by the Council on a matter to be decided on the agenda, City staff shall provide a presentation and/or answer questions, if requested, and thereafter, any Council member may seek recognition by the presiding officer and make a motion to adopt such item, and thereafter, the presiding officer shall determine if another Council member, including the presiding officer, seconds the motion . If the motion receives a second, the matter may be debated before putting the motion to a vote of the Council. A motion that fails to obtain a second or a majority vote shall die.
9. Manner of Addressing Council - Time Limit.
a. Each person addressing the Council shall step up to the microphone, shall state their name and city of residence in an audible tone of voice for the record and, unless further time is granted by the presiding officer, shall limit their address to three (3) minutes. If significant numbers of persons desire to speak on a given item, the presiding officer has the discretion to limit speaking times and/or alter the sequence of hearing matters on the agenda . Longer time limits may be permitted for an applicant, appellant, or spokesperson for a larger group, at the discretion of the Attachment "1"
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5 presiding officer.
b. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council and, in case additional matters are to be pres ented at the time by any other member of the said group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetitions before the Council.
c. City staff presentations and responses to Council questions are not governed by this time limit.
10. Posting of Agenda.
At least 72 hours before a regular meeting, the City Clerk shall post a certified copy of the agenda specifying the time and location of the regular meeting in a place accessible so as to be available for review by members of the public.
11. Content of Agenda.
Under state law, the City Council is limited to consideration of items which are on a posted agenda. Items may be placed on an agenda by city staff, by the Mayor, or upon the request of an individual Council member in coordination with the City Manager. The City Manager shall be in charge of preparing the Council agenda and all items shall be coordinated with the City Manager. To the fullest extent practicable, any items placed on the agenda by the Mayor, any Council member or City staff should also be listed under "Future Agenda Items" as early as possible to assure the best possible advance notice of the nature of items and discussion which are upcoming.
12. Proclamations and Presentations.
Attachment "1"
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6 The City of Escondido recognizes members of the public, groups, or other entities in different ways. Individual Councilmembers may request the preparation of a Certificate of Achievement, Acknowledgment, or Recognition (depending on the circumstances) to be presented in their individual capacity as a member of the City Council. Such certificates shall be prepared by the City Manager’s office in a manner such as to preserve co nsistency in design and form of the City. Such certificates shall be requested directly from the City Manager’s office, with ample advance notice to the City Manager’s office to enable preparation and delivery. Each Council member requesting a certificate shall be solely responsible for providing the content and verifying the accuracy of the document. Multiple Councilmembers may sign and present such certificates subject to coordination among themselves.
The Mayor and any Councilmember may also recommend the public acknowledgement of any member of the public, group, entity or matter of public interest through the issuance and presentation of a formal proclamation on behalf of the City of Escondido. Such recommendations shall be made in coordination with the City Manager’s office. Upon approval by the Mayor, such proclamations shall then be prepared by the City Manager’s office in a manner such as to preserve consistency in design and form of the City. Proclamations will normally be signed on behalf of the City by the Mayor.
However, if some or all City Councilmembers also wish to sign a proclamation, and signatures can be obtained in a timely maner, proclamations may be signed by the full City Council or by those members wishing to sign the document. Proclamations shall normally be presented by the Mayor at the commencement of a meeting of the City Council, unless circumstances dictate the presentation of the proclamation elsewhere. Any disagreement with whether or not such a proclamation shall be issued shall be resolved by a majority vote of the City Council.
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7 The Mayor or any Councilmember may request that a presentation to the City Council at a regular meeting be made by members of the public, other public entities, or other groups, on issues of i nterest to the City Council or members of the public. Such presentations shall be coordinated with the Mayor and the City Manager’s office and shall be subject to scheduling in a manner that does not interfere with the need to conduct normal City business. Any disagreement with whether or not such a presentation is to be scheduled shall be resolved by a majority vote of the City Council.
13. Closing Time of Council Meetings.
No agenda item may be introduced after the hour of 10: 00 p.m.; however, the meeting may be extended beyond 10: 00 p.m. upon a majority vote of the Council members.
14. Processing of Motions.
a. When a motion is made, it shall be stated clearly and concisely by its mover. After a motion is made and seconded, it may be stated by the presiding officer before debate. A motion may be withdrawn by the mover without consent of the Council members.
b. The presiding officer shall at any time by majority consent of the Council members, permit a Council member to propose the reordering of agenda items.
c. If a question contains two or more divisible propositions, the presiding officer may, and upon request of a Council member shall, divide the same.
15. Precedence of Motions.
a. When a motion is before the Cou ncil, no motion shall be entertained except (precedence in order indicated):
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8 (1) T o adjourn
(2) T o fix hour of adjournment
(3) T o lay on the table
(4) F or the previous question
(5) T o postpone to a certain day
(6) T o refer
(7) T o amend
(8) T o postpone indefinitely
b. A motion to adjourn shall be in order any time, except as follows:
(1) When repeated without intervening business or discussion (2) W hen made as an interruption of a Council member while speaking
(3) W hen the previous question has been ordered
(4) W hile a vote is being taken
c. A motion to adjourn “to another time" is debatable only as to the time to which the meeting is adjourned.
d. A motion to table or lay on the table is not debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table" only by adding it to the agenda of the next regular meeting, to be discussed at the following regular meeting.
e. A motion for previous question shall close debate on the main motion and shall be undebatable. The statement by a Council m ember of “question" does not accomplish the same purpose. If a motion fails, debate is reopened; if motion passes, then vote shall be taken on the main motion.
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9 f. A motion to amend shall be in order and is debatable only as to amendment. A motion to amend an amendment shall not be in order.
An amendment modifying the intention of a motion shall be in order but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and amendments are to be voted first, then the main motion is amended. g. A motion to postpone indefinitely shall be fully debatable and if the same is adopted, the principal motion shall be declared lost. A motion to postpone to a definite time shall be amendable and debatable as to propriety of postponement and time set.
h. A motion to refer shall not be debatable except for the propriety of referring.
16. Administrative Mandamus.
Persons who are dissatisfied with a decision of the City Council may have the right to seek review of that decision by a court. In addition, the City has adopted Section 1094.6 of the Code of Civil Procedure which generally limits to ninety (90) days the time within which the decision of City boards and agencies may be judicially challenged.
17. Appeals; Continuances.
Any person appealing an action of a City Board or Commission or City Staff to the City Council has a right to two two-week postponements of the initial hearing scheduled on the appeal. After exhaustion of this right, the appeal shall be considered withdrawn.
This procedure shall not limit the ability of the City Council to continue a hearing which has commenced to a subsequent meeting to receive additional public testimony or information from City Staff.
18. Reconsideration.
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10 Any member of the Council, voting in the majority on any action of the Council, may at the same meeting , or at a subsequent time, request the Council reconsider an action. A reconsideration request made by a member of the Council voting in the minority shall not be allowed, except when made more than one (1) year after the date of the original action.
All requests for reconsideration of a Council action shall be provided to each Council member, and the City Manager in writing or via electronic mail, and the request shall be placed on the next av ailable agenda. In the event an item to be reconsidered requires public notice, it shall be calendared and noticed after Council determines when reconsideration shall occur.
19. Personal Privilege.
The right of any Council member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character or motives are questioned.
20. Council Conduct.
Each member of the Council shall act in a courteous and respectful manner to all members of the Council , including providing each member the full opportunity to ask questions, voice opinions and make statements without interruption during closed and open sessions of the Council.
21. Parliamentarian.
A majority vote of the Council shall generally control matters of procedure not addressed by this Resolution. The City Attorney shall decide all other questions of interpretations of these rules and any other questions of a parliamentary nature which may arise at a City Council meeting.
22. Voting and Non-Profit Entity Membership.
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11 It shall be the policy of this Council that a council member who serves on the governing board of a private non-profit entity shall not participate in the discussion or voting process to determine whether or not that entity receives City funds. In the event the request of a non-profit entity with a council member on its governing board is part of a larger request involving several items, or is part of the budget process, a separate vote shall be taken to allow the necessary abstention.
23. Selection of Chairperson.
In the event that the Mayor and the Deputy Mayor are absent from a City Council meeting, the three remaining Council members present shall promptly determine which Council member will conduct and serve as the chairperson of the meeting.
24. Decorum and Security.
a. While the City Council is in session, the Council members, staff, and members of the public are expected to act in a manner to preserve order and decorum for the meeting. No person shall engage in disorderly or disruptive behavior during the meeting. No person shall, either by conversation, applause, shouting, or any other conduct, interrupt or delay the proceedings. b. The City Manager, in coordination with the Mayor and/or Deputy Mayor, are authorized to and shall designate and post signs specifying those areas of the Chamber for the media wishing to record the meeting, areas for staff presentations, and areas which are restricted to City employees and elected officials.
c. Signs, placards, posters, or similar objects which are large r than 8.5 by 11 inches and which disrupt the proceedings shall not be displayed during Council proceedings by members of the public.
Section B: City Council Policies.
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12 1. Correspondence with Members of the City Council.
The purpose of this policy is to provide for a coordinated response to correspondence (i.e. letters, emails, and similar items) which is sent to the City generally, or in which the same correspondence is sent in identical fashion to all Council members.
In such circumstances, the Council directs that the Mayor (or as appropriate the City Manager or City Attorney) shall answer such correspondence on behalf of the City, according to the procedure set forth below.
In addition to individual e -mail addresses, the City Manager’s Office shall also establish a shared email address by which citizens may direct emails to all Council members at the same time. The shared email address shall be featured on the City’s website and in other publications in such a manner as to allow citizens to use the address and thereby communicate with all Council member s at the same time. All Council members shall have access to review items in the mailbox at all times. All responses to such emails shall also be sent from the shared mailbox, such that all Council member s may review such responses.
With respect to other communications, such as those involving other governmental entities, organizations , and related entities where such communication occurs between the entities rather than specific individuals, the Mayor sh all respond on behalf of the City, with copies to all Council member s. Matters involving routine city administrative issues shall generally be responded to by either the City Manager or City Attorney, as appropriate, on behalf of the City. With respect to correspondence that consists of invitations to events, the Mayor and Council shall coordinate such invitations with the City Manager's support staff.
Because substantial portions of City Council communication, whether electronic or written, is subject to California's Public Records laws, all City Council communications Attachment "1"
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13 shall be coordinated with the City Manager for the purpose of compliance with various laws governing public records. All Council members using city computers shall be subject to the City's Administrative Directives regarding computer use.
2. Press Releases.
All press releases on behalf of the City shall be issued on City letterhead and only on behalf of the City generally or the entire City Council. Press releases shall be prepared and coordinated by the City Manager’s Office.
3. Council Calendar.
The responsibility for managing the calendars of the City Council and the City Council members shall be delegated to the City Manager's secretary.
4. Audits.
Staff shall informally assist the City Council in a periodic accounting of individual expenditures for travel, phone use, etc.
5. Council Travel Policy.
Council members shall be bound by all City polic ies, as expressed in Administrative Directives or otherwise, regarding travel on City business.
The City Council shall fix an amount in the City Council budget which each Council member may use for business -related education and travel expenses, including attendance at seminars, conferences and other related educational opportunities. These funds will be separate from any budget established for Council member participation in committees associated with other public agencies and entities. If these funds are not used during the fiscal year appropriated, they shall be returned to the General Fund.
Elected officials shall provide brief reports on meetings attended at the City’s expense at the next regular City Council meeting. If multiple elected officials attended, a Attachment "1"
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14 joint report may be made. Reports may be provided in writing as part of the Agenda packet distribution.
6. Council Communication with Staff.
The Council members shall request information or give direction only to the City Manager or City Attorney , or those persons designated by the City Manager or City Attorney to assist the Council members in such inquiries or requests . Requests for information should be directed to the City Manager , although incidental or minor requests (not involving analysis or significant time) may be requested directly from department heads, with a copy to the City Manager. Requests which involve change of policy, expenditure of funds, or use of significant staff time shall be submitted to the full Council for approval.
7 . Review of Reimbursements.
The Director of Finan ce or a designee shall review all City Council requests for reimbursement of expenses for consistency with City policy on such expenses.
In all cases, Council members shall be bound by the same policies and procedures adopted and applicable for all City employees on a citywide basis. To the extent such policies provide for per diem reimbursements, auto allowances, and related forms of reimbursement rather than receipt-specific reimbursement, it is hereby determined that such per diem or fixed amount reimbursements, so long as applicable to all city employees, are the best and most efficient method of reimbursing expenses on an actual and necessary basis.
9. Council Salary.
To assure attention to the Council compensation allowable under state law , the City Council shall have an agenda item during a meeting in December of odd number ed Attachment "1"
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15 years for the purpose of determining whether or not to take action regarding Council compensation.
10. Campaign Activity Funding.
The City Council shall not direct or authorize the expenditure of public funds to prepare or distribute a publication or communication when the style, tenor, and timing of the publication or communication demonstrates that it constitutes traditional campaign activity or that it supports or opposes the approval or rejection of a ballot measure.
11. Council Use of City Staff for Public Events.
The Council believes that making opportunities available for Council members to interact with the public outside of regular public meetings is a benefit to the Council and residents of the City. The ability to communicate to the public the availability of the Councilmembers for such events is critical to their success.
Council members may request through the City Manager’s Office the services of City staff to assist in the hosting of public events related to City business including, but not limited to , the electronic posting o f notices of public events involving the Council members on the City’s social media platforms . To the greatest extent possible, the amount of staff resources devoted to such efforts shall be equal among all Council members.
To the extent any such staff efforts require time beyond the posting of notices on the City’s or related website, the City Manager shall be responsible for de termining whether such personnel resources are available, whether there is a sufficient budget to cover the costs related to such efforts, and ensuring that all council members may obtain like and equal services during the course of any fiscal year. Council members shall not Attachment "1"
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16 use any city staff or resources as part of, or in coordination with, any campaign for public office.
Section C: City Council Ethics Policy.
1. Declaration of Policy.
The respected operation of democratic government emphasizes that elected officials be independent, impartial, and responsible to the people. It requires that they conduct themselves in a manner above reproach.
This Ethics Policy provides the following general guidelines and specific prohibitions to which elected Escondido City Officials must conform in pursuit of their assigned duties and responsibilities. This policy is in addition to all applicable provisions of state law, including the Brown Act, the Political Reform Act and implementing regulations, and all other laws governing the conduct of elected officials.
2. Disclosure of Closed Session Matter.
No member of the City Council shall disclose to any person, other than members of the Council, the City Attorney, the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, the content or substance of any information presented or discussed during a closed session meeting unless the City Council first authorizes such disclosure by the affirmative vote of three members.
3. Disclosure of Confidential Communications.
Except when disclosure is mandated by state or federal law, no member of the City Council shall disclose to any person, other than members of the Council, the City Attorney, or the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, the content or substance of any confidential or privileged communication relating to matters of City business, received Attachment "1"
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17 under circumstances where the confidential or privileged nature of the communication is reasonably conveyed, unless the City Council first authorizes such disclosure by the affirmative vote of three members of the City Council.
4. Conduct During Negotiations/Litigation.
The City Council is authorized to provide direction to specifically
identified negotiators in a legally constituted closed session on matters involving pending litigation, real estate negotiations, and labor negotiations. If the City Council in closed session provides such direction to its negotiators, all contact with the negotiating party or the party's representative, shall be limited to , and made by , those individuals designated to handle the negotiations.
During a pending labor negotiation, no member of the City Council shall communicate any negotiating position on behalf of the City or engage in any negotiations for employee salary, benefits or working conditions. In addition, during pending litigation or real estate negotiations, no member of the City Council (unless they have been designated as a negotiator) shall have any contact or discussion with the litigating or negotiating party or the party's representative regarding the subject matter of the pending litigation or real estate negotiations.
No member of the City Council shall communicate or disclose to any person, other than members of the Council, the City Attorney, the Cit y Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, any discussion or information received in closed session regarding the negotiation or litigation.
Nothing in this section shall prohibit Cou ncil members from receiving written communications provided they are made available to all Council member s, the City Manager, the City Attorney, and the City's designated negotiators on an equal basis.
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18 5. Ex Parte Communications.
The purpose of this provision is to guarantee that all interested parties to any adjudicatory matter before the City Council have equal opportunity to express and represent their interests. Ex parte communications are those communications members of the City Council have with representatives of only one side of a matter outside the presence of other interested parties on a matter relevant to an adjudicatory proceeding.
A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.
Any written or oral ex parte communication received by a member of the City Council in matters where all interested parties are entitled to an equal opportunity for a hearing shall be made a part of the record by the recipient.
6. Violations and Penalties.
Any violation of this Ethics Policy by a member of the City Council shall constitute official misconduct if determined by an affirmative vote of three members of the City Council in an open and public meeting. In addition to any criminal or civil penalties provided for by federal, state or other local law, any violation of this Ethics Policy shall constitute a cause for censure by City Council adoption of a Resolution of Censure.
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PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof the 16th day of AUGUST, 2023 by the following vote to wit:
AYE : Councilmembers: GARCIA, GARCIA, MARTINEZ, MORASCO NOES : Councilmembers: WHITE
ABSENT : Councilmembers: NONE
APPROVED:
DANE WHITE, Mayor of the
City of Escondido, California
ATTEST:
ZACK BECK, City Clerk of the
City of Escondido, California
RESOLUTION NO. 2023-111R
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CLOSED SESSION
4:00 PM
CALL TO ORDER
1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White
ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is within the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.
CLOSED SESSION
I. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) a. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Police Officers' Association Sworn Personnel Bargaining Unit b. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Police Officers' Association Non-Sworn Personnel Bargaining Unit c. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Firefighters’ Association Safety and Non-safety Bargaining Unit d. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: ECEA Unit (SUP)
e. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Maintenance and Operations Bargaining Unit (Teamsters Local 911 and ACE)
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II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8)
a. Property: 272 Via Rancho Pkwy., Escondido (North County Mall) b. Agency Negotiator: Sean McGlynn, City Manager or designee c. Negotiating Parties: Steerpoint Capital and affiliates d. Under Negotiation: Price and Terms of Ground Lease
ADJOURNMENT
Mayor White adjourned the meeting at 4:37 p.m.
______________________________ _______________________________
MAYOR CITY CLERK
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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
CLOSED SESSION REPORT
ORAL COMMUNICATIONS
Nancy Burian – Thanked the City for hosting the Gold Star Families Public Forum with Congressman Issa and expressed concern regarding the homelessness issue in Escondido.
CONSENT CALENDAR
Motion: Martinez; Second: J. Garcia; 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:
375634 - 375871 dated July 26, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)
3. APPROVAL OF MINUTES: None
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4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –
5. NOTICE OF COMPLETION FOR THE W 7TH AVENUE AND S BROADWAY WATER MAIN
REPLACEMENT PROJECT
Request the City Council adopt Resolution No. 2023-99, authorizing the Deputy City Manager / Director of Utilities to file a Notice of Completion for the W 7th Avenue and S Broadway Water Main Replacement Project (“Project”). (File Number 0600-95) Staff Recommendation: Approval (Utilities Department: Christopher W. McKinney, Deputy City Manager/Director of Utilities)
Presenter: Angela Morrow, Deputy Director of Utilities
a) Resolution No. 2023-99
6. AWARD CONTRACT FOR CONSTRUCTION OF THE WASHINGTON PARK FUTSAL SOCCER COURTS
Request the City Council adopt Resolution No. 2023-88 awarding a construction contract to Ace Electric, Inc., determined to be the lowest responsible and responsive bidder, approving the budget adjustment request, and authorizing the Mayor on behalf of the City, to execute a Public Improvement Agreement in the amount of $334,000 for construction of the Washington Park Futsal Soccer Courts (“Project”). (File Number 0600-10; A-3470) Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Development Services Director, and Julie Procopio, City Engineer) Presenter: Julie Procopio, City Engineer
a) Resolution No. 2023-88
7. REJECT ALL BIDS FOR THE 2023 STREET MAINTENANCE PROJECT - PHASE 2 Request the City Council adopt Resolution No. 2023-106, rejecting all bids for the 2023 Street Rehabilitation and Maintenance Project – Phase 2 (“Project”), and authorizing staff to re-bid the project. (File Number 0470-45)
Staff Recommendation: Approval (Development Services Department: Julie Procopio, City Engineer)
Presenter: Marissa Padilla, Associate Engineer
a) Resolution No. 2023-106
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8. ON-CALL BUILDING SERVICES CONTRACT AWARDS
Request the City Council adopt Resolution No. 2023-108, authorizing the Mayor to execute, on behalf of the City, a Consulting Agreement with Interwest Consulting Group, Inc., a Colorado corporation, for three-years with one (1) option to extend the Consulting Agreement for one (1) year. Request the City Council adopt Resolution No. 2023-109, authorizing the Mayor to execute, on behalf of the City, a Consulting Agreement with NV5, Inc., a California corporation, for three-years with one (1) option to extend the Consulting Agreement for one (1) year; and approve a budget adjustment request in the amount of $529,430 for professional services for dedicated building inspection services for the Palomar Heights project. (File Number 0600-10; A-3471-A; 0600-10; A-3471-B) Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Andrew Firestine, Director of Development Services a) Resolution No. 2023-108
b) Resolution No. 2023-109
9. TREASURER’S INVESTMENT REPORT FOR THE QUARTER ENDED June 30, 2023 Request the City Council approve the Quarterly Investment Report for the quarter ended June 30, 2023. (File Number 0400-85)
Staff Recommendation: Approval (City Treasurer’s Office: Douglas Shultz, City Treasurer) Presenter: Douglas Shultz, City Treasurer
10. FISCAL YEAR 2022/23 PAUL COVERDELL FORENSIC IMPROVEMENT PROGRAM GRANT AND
BUDGET ADJUSTMENT
Request the City Council adopt Resolution No. 2023-104 authorizing the Chief of Police or his designee to accept a FY 2022-23 California Office of Emergency Services (CalOES) Paul Coverdell Forensic Science Improvement Program Grant in the amount of $52,446; execute all documents necessary for the management and completion of the grant scope; and authorize the necessary budget adjustment needed to spend grant funds. (File Number 0480- 70)
Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
a) Resolution No. 2023-104
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PUBLIC HEARINGS
11. PHG20-0033/PL22-0216 – AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO
DENY A CONDITIONAL USE PERMIT AND GRADING EXEMPTION FOR THE CONSTRUCTION OF A 45-BED LICENSED RESIDENTIAL CARE FACILITY
Request the City Council adopt Resolution No. 2023-103, granting the appeal of the Planning Commission’s decision to deny the Conditional Use Permit and Grading Exemption for the construction of a 45-bed Licensed Residential Care Facility. (File Number 0120-15) Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Ivan Flores, Associate Planner
a) Resolution No. 2023-103
Kamilah Brown – Expressed opposition to the item.
Chancellor Brown – Expressed opposition to the item.
Josh Vierra – Expressed opposition to the item.
Lisa Duncan – Expressed opposition to the item.
Chad Brittan – Expressed opposition to the item.
Nancy Brittan – Expressed opposition to the item.
Patti Smith – Expressed opposition to the item.
Joseph Porter – Expressed opposition to the item.
Connie Howes – Expressed opposition to the item.
Anthony Manzo – Expressed opposition to the item.
David Woelke – Expressed opposition to the item.
David Woelke Jr. – Expressed opposition to the item.
Alta Woelke – Expressed opposition to the item.
Kiera Murphy – Expressed opposition to the item.
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David Ruscetta – Expressed opposition to the item.
Tamara Singler – Expressed opposition to the item.
James Singler – Expressed opposition to the item.
Harry Brittan – Expressed opposition to the item.
Ken Smith – Expressed opposition to the item.
Rick Runnell – Expressed opposition to the item.
Jack Schaefer – Expressed opposition to the item.
Lee Struss – Expressed opposition to the item.
Amare Rivera – Expressed opposition to the item.
Cynthia Jesch – Expressed opposition to the item.
Cherese Brown – Expressed opposition to the item.
Amafe Rivera – Expressed support for the item.
John Beery – Expressed support for the item.
Leslie Wang – Expressed support for the item.
Motion to deny the appeal: J. Garcia; Second: White; Approved: 3-2 (Morasco, C. Garcia – No)
12. PL23-0109 – DOWNTOWN SPECIFIC PLAN TEXT AMENDMENT
Request the City Council adopt Ordinance No. 2023-11 amending the list of permitted uses within the Downtown Specific Plan to allow “All types of eating establishments providing meal service from an on-site operating commercial-grade kitchen, and / or dessert service from an on-site operating commercial-grade freezer/refrigerator facility with, or without, incidental sale of alcohol (including micro-breweries and outdoor dining, but with no drive- through), with no live amplified entertainment or dancing” within the Creekside Neighborhood District. (File Number 0810-20)
Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Ivan Flores, Associate Planner
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a) Ordinance No. 2023-11 (First Reading and Introduction) Motion: C. Garcia; Second: Martinez; Approved: 5-0
CURRENT BUSINESS
13. CAMPAIGN CONTRIBUTION UPDATE
Request the City Council receive and file an update on campaign contribution regulations in the State of California. (File Number 0640-40)
Staff Recommendation: Receive and File (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
Mayor White moved this item to a future date.
14. PUBLIC COMMENT POLICY
Request the City Council consider and provide direction to staff regarding the City of Escondido’s (“City”) current public comment policy. (File Number 0610-90) Staff Recommendation: Provide Direction (City Clerk’s Office: Zack Beck) Presenter: Zack Beck, City Clerk
a) Resolution No. 2023-111R
Maria Wallace – Expressed concern with moving “oral communications” to the end of the meeting.
Chris Nava – Expressed concern with moving “oral communications” to the end of the meeting.
Rosette Garcia – Expressed concern with modifying the current public comment policy.
Georgine Tomasi – Expressed concern with modifying the current public comment policy.
Ana Marie Velasco – Expressed concern with modifying the current public comment policy.
Janet Seeley – Expressed concern with modifying the current public comment policy.
Laura Hunter – Expressed concern with moving “oral communications” to the end of the meeting.
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Pam Albergo – Expressed concern with moving “oral communications” to the end of the meeting.
Betsy Byrnes – Expressed concern with moving “oral communications” to the end of the meeting.
Linda Schaefer – Expressed concern with moving “oral communications” to the end of the meeting.
Patricia Borchmann – Expressed concern with moving “oral communications” to the end of the meeting.
Joseph Randolph – Expressed concern with moving “oral communications” to the end of the meeting.
Brian Baxley – Expressed concern with moving “oral communications” to the end of the meeting.
Aisha Wallace-Palomares – Expressed concern with moving “oral communications” to the end of the meeting.
Mark Wallace – Expressed concern with moving “oral communications” to the end of the meeting.
Joanne Tenney – Expressed concern with moving “oral communications” to the end of the meeting.
Barbara Servatka – Expressed concern with moving “oral communications” to the end of the meeting.
Andrew Thomas – Expressed concern with moving “oral communications” to the end of the meeting.
Steve Thorne – Expressed concern with moving “oral communications” to the end of the meeting.
Richard Miller – Expressed concern with moving “oral communications” to the end of the meeting.
Motion to no longer read electronic public comments and not permit audio/visual support for the public comments: White; Second: Morasco; Failed: 2-3 (J. Garcia, C. Garcia, Martinez – No)
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Motion to continue reading electronic public comments and not permit audio/visual support for the public comments: Martinez; Second: C. Garica; Approved: 4-1 (White – No)
15. DESIGNATION OF VOTING DELEGATE – LEAGUE OF CALIFORNIA CITIES CONFERENCE Request the City Council designate the Voting Delegate and up to two alternates for the League of California Cities Annual Conference in Sacramento, California on September 20-22, 2023. (File Number 0130-10)
Staff Recommendation: Approval (City Clerk’s Office: Zack Beck) Presenter: Zack Beck, City Clerk
Motion to appoint C. Garcia as the Voting Delegate , Garcia as first alternate and Martinez as second alternate: J. Garcia; Second: Martinez; Approved: 5-0
FUTURE AGENDA
16. 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
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
Bryant Rumbaugh – Encouraged the Council to pay attention to an upcoming announcement from Mike Lindell.
ADJOURNMENT
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Mayor White adjourned the meeting at 7:18 p.m.
______________________________ _______________________________
MAYOR CITY CLERK
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KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP
11/22/2023 - NO MEETING (THANKSGIVING)
11/29/2023 - NO MEETING
12/6/2023
CONSENT CALENDAR - (D. SHULTZ) - TREASURER’S INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2023 - Request the City Council receive and file the Quarterly Investment Report for the quarter ended June 30, 2023.
CONSENT CALENDAR - (C. HOLMES) - ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS FUNDED BY DEVELOPMENT IMPACT FEES PER GOVERNMENT CODE SECTION 66006 - Requested that the City Council receive and file the Annual Financial Report on Development Impact Fees.
CONSENT CALENDAR - (J. PERPETUA) - SALARY SCHEDULE FOR MANAGEMENT AND UNCLASSIFIED GROUPS; PART-TIME PAY PLAN - It is requested that City Council adopt R2023-146 and R2023-147 to amend the salary schedules for the Management, Unclassified, and Part-Time groups.
CONSENT CALENDAR - (A MORROW) - NOTICE OF COMPLETION FOR THE SAN PASQUAL UNDERGROUNDING PROJECT - It is requested that the City Council adopt Resolution No. 2023-157, authorizing the Interim Director of Utilities to file a Notice of Completion for the San Pasqual Undergrounding Project.
CURRENT BUSINESS - (J. SCHOENECK) VINEHENGE UPDATE - Request the City Council approve staff’s recommendation to remove/replace/preserve/ the Vinehenge play structure in Grape Day Park.
CURRENT BUSINESS - (M. MCGUINNESS) - CONSIDERATION OF COUNCILMEMBERS ANNUAL SALARY INCREASE - Request the City Council consider adoption of Ordinance 2023-xx amending Section 2-28 of the Escondido Municipal Code to increase the salary for City Councilmembers and the Mayor in an amount not to exceed five percent per year since the last salary increase consistent with Government Code section 36516 as amended by SB 329.
CURRENT BUSINESS - (D. WHITE) - COUNCIL RESOLUTION OJECTING TO ANY NEW TAXES, CHARGES OR FEES PROPOSED BY SANDAG ON
MOTORISTS TO USE ALREADY BUILT LOCAL ROADS AND HIGHWAYS CURRENT BUSINESS - (D. WHITE) - COUNCIL RESOLUTION OPPOSING THE REMOVAL OF PRIORITY TRANSIT LANES
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