Agenda packet — Escondido City Council, January 10, 2024

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, JANUARY 10, 2024
4:00 PM - Closed Session (Parkview Conference Room)
5:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

WELCOME TO YOUR CITY COUNCIL MEETING
We welcome your interest and involvement in the legislative process of Escondido. This agenda includes information about topics coming before the City Council and the action recommended by City staff.

MAYOR
Dane White

DEPUTY MAYOR
Christian Garcia (District 3)

COUNCILMEMBERS
Consuelo Martinez (District 1)
Joe Garcia (District 2)
Michael Morasco (District 4)

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

HOW TO WATCH
The City of Escondido provides three ways to watch a City Council meeting:

In Person On TV Online
201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.org 1 Wednesday, January 10, 2024

HOW TO PARTICIPATE
The City of Escondido provides two ways to communicate with the City Council during a meeting:

In Person In Writing

Fill out Speaker Slip and Submit to City Clerk https://escondido-ca.municodemeetings.com

ASSISTANCE PROVIDED
If you need special assistance to participate in this meeting, please contact our ADA Coordinator at 760-839-4869.

Notification 48 hours prior to the meeting will enable to city to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired – please see the City Clerk.

2 Wednesday, January 10, 2024

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

ADJOURNMENT

I. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)

a. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Police Officers’ Association Sworn Personnel Bargaining Unit
b. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Police Officers’ Association Non-Sworn Personnel Bargaining Unit
c. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Firefighters’ Association Safety Personnel and Non- safety Personnel Bargaining Unit
d. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido City Employees’ Association Supervisory Bargaining Unit
e. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Maintenance and Operations Bargaining Unit and Administrative / Clerical / Engineering Bargaining Unit, Teamsters Local 911
f. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Police Management Association Bargaining Unit 3 Wednesday, January 10, 2024

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 por tion 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

CONSENT CALENDAR
Items on the Consent Calendar are not discussed individually and are approved in a single motion. However, Council members always have the option to have an item considered separately, either on their own request or at the request of staff or a member of the public.

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) -

4 Wednesday, January 10, 2024

2. APPROVAL OF WARRANT REGISTER (COUNCIL)
Request approval for City Council and Housing Successor Agency warrant numbers:
 379336 – 379507 dated December 6, 2023
 379508 – 379653 dated December 13, 2023
 379654 – 379982 dated December 20, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: Regular meetings of December 6, 2023 and December 13, 2023

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –

5. SUPPORT FOR A CMFA BOLD PROGRAM FOR THE NUTMEG PROJECT Request the City Council adopt Resolution No. 2024-09 to approve and support a CMFA BOLD Program for the Nutmeg Project.

Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services)
Presenter: Christopher McKinney, Deputy City Manager/Interim Director of Development Services a) Resolution No. 2024-09

6. SAN DIEGO SENIORS COMMUNITY FOUNDATION EMPOWER SAN DIEGO SENIOR CENTERS GRANT - $12,000
Request the City Council adopt Resolution No. 2024-01 authorizing the Director of Economic Development to receive a $12,000 grant from the San Diego Seniors Community Foundation.

Staff Recommendation: Approval (Community Services Department: Jennifer Schoeneck, Director of Economic Development)
Presenter: Jilaine Hernandez, Community Services Supervisor a) Resolution No. 2024-01

5 Wednesday, January 10, 2024

7. FISCAL YEAR 2023-24 STATE OF CALIFORNIA CITIZEN’S OPTIONS FOR PUBLIC SAFETY PROGRAM GRANT

AND BUDGET ADJUSTMENT
Request the City Council adopt Resolution No. 2024-04 authorizing the Escondido Police Department to accept a Fiscal Year 2023-24 Citizens’ Option for Public Safety Program Grant in the amount of $232,909; approving grant expenditures consistent with guidelines in AB1913; authorizing the Chief of Police or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds.

Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
a) Resolution No. 2024-04

8. FISCAL YEAR 2022-23 U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT – LOCAL SOLICITATION AND BUDGET ADJUSTMENT
Request the City Council adopt Resolution No. 2024-03 to authorize the Police Department to accept a $46,913 Fiscal Year 2022-23 Edward Byrne Memorial Justice Assistance Grant (JAG); authorize the Chief of Police or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds.

Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
a) Resolution No. 2024-03

9. CONSENT TO RECORDATION OF AMENDED AND CORRECTED EASEMENT DEED Request the City Council adopt Resolution No. 2024-07 consenting to and accepting an Amended and Corrected Easement Deed in real property for recordation with the San Diego County Assessor/Recorder/County Clerk.

Staff Recommendation: Approval (City Attorney’s Office: Michael McGuinness, City Attorney) Presenter: Michael McGuinness, City Attorney
a) Resolution No. 2024-07

6 Wednesday, January 10, 2024

10. REMOVAL OF CONDITION FOR PAYMENT OF DEFICIENCY FEE IN APPROVED DEVELOPMENT APPLICATION FOR ASH STREET PROJECT (PL22-0134/PL22-0154) Request the City Council adopt Resolution No. 2024-08 settling a Fee Protest claim by removing a condition of development approval amounting to $12,500 per unit imposed via adoption of a Tentative Subdivision Map in PL22-0134/PL22-0154.

Staff Recommendation: Approval (City Attorney’s Office: Michael McGuinness, City Attorney) Presenter: Michael McGuinness, City Attorney
a) Resolution No. 2024-08

CONSENT RESOLUTIONS AND ORDINANCES (COUNCIL/RRB)
The following Resolutions and Ordinances were heard and acted upon by the City Council/RRB at a previous City Council/Mobilehome Rent Review meeting. (The title of Ordinances listed on the Consent Calendar are deemed to have been read and further reading waived.)

11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AMENDING THE

ESCONDIDO ZONING CODE TO ALLOW FOR AN INCREASE IN FENCE HEIGHT ON A CASE BY CASE BASIS

IN THE INDUSTRIAL AND COMMERCIAL ZONES THROUGH THE ADMINISTRATIVE ADJUSTMENT PERMIT

PROCESS
Approved on December 6, 2023 with a vote of 5/0.
a) Ordinance No. 2023-16 (Second Reading and Adoption)

12. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AMENDING THE ZONING DISTRICT FOR THE SUBJECT PROPERTY FROM PLANNED DEVELOPMENT – INDUSTRIAL (PD-I) TO GENERAL INDUSTRIAL (M-2)
Approved on December 6, 2023 with a vote of 5/0.
a) Ordinance No. 2023-17 (Second Reading and Adoption)

13. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, REPEALING AND REPLACING ESCONDIDO MUNICIPAL CODE CHAPTER 16A, MASSAGE REGULATION Approved on December 6, 2023 with a vote of 5/0.
a) Ordinance No. 2023-18 (Second Reading and Adoption)

7 Wednesday, January 10, 2024

14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, ADOPTING AN

ADDENDUM TO THE SOUTH CENTRE CITY FINAL NEGATIVE DECLARATION AND APPROVING AN

AMENDMENT TO THE SOUTH CENTRE CITY SPECIFIC PLAN TO EXPAND THE MIXED-USE OVERLAY

WITHIN THE ESCONDIDO BOULEVARD DISTRICT
Approved on December 13, 2023 with a vote of 5/0.
a) Ordinance No. 2023-20 (Second Reading and Adoption)

CURRENT BUSINESS

15. REVIEW AND UPDATE CITY COUNCIL INTERAGENCY AND SUBCOMMITTEE ASSIGNMENTS Request the City Council review and update the City's current interagency and council subcommittee assignments.

Staff Recommendation: Provide Direction (City Council: Mayor Dane White) Presenter: Mayor Dane White

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.

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, January 24, 2024 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, January 31, 2024 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers

SUCCESSOR AGENCY
Members of the Escondido City Council also sit as the Successor Agency to the Community Development Commission, Escondido Joint Powers Financing Authority, and the Mobilehome Rent Review Board.

9 Consent Item No. 1 January 10, 2024

A F F I D A V I T S

I T E M

P O S T I N G – NONE

10 Item1.

STAFF REPORT
January 10, 2024
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER (COUNCIL)

DEPARTMENT
Finance

RECOMMENDATION
Request approval for City Council and Housing Successor Agency warrant numbers: 379336 – 379507 dated December 6, 2023
379508 – 379653 dated December 13, 2023
379654 – 379982 dated December 20, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

FISCAL ANALYSIS
The total amount of the warrants for the following periods are as follows:

November 30, 2023 – December 06, 2023 is $1,299,526.49
December 07, 2023 – December 13, 2023 is $2,275,277.79
December 14, 2023 – December 20, 2023 is $5,664,041.35
11 Item2.

BACKGROUND
The Escondido Municipal Code Section 10-49 states that warrants or checks may be issued and paid prior to audit by the City Council, provided the warrants or checks are certified and approved by the Director of Finance a s conforming to the current budget. These warrants or checks must then be ratified and approved by the City Council at the next regular Council meeting. 12 Item2.

December 6, 2023 Escondido City Council Minutes Page 1 of 11

CLOSED SESSION
4:00 PM

CALL TO ORDER

1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

ORAL COMMUNICATIONS

CLOSED SESSION
I. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Government Code § 54956.9(d)(2))
a. Building Industry Association of SD County v. City of Escondido San Diego Superior Court Case No. 37-2021-00008423-CU-MC-NC b. City of Escondido v. Patterson, et. al.

San Diego Superior Court Case No. 37-2022-00004144-CU-BC-NC c. All Persons Interested in the Matter of the Issuance and Sale of Pension Obligation Bonds
San Diego Superior Court Case No. 37-2022-00025425-CU-PT-NC Fourth District Court of Appeal, Div.1, Docket No. D082525 d. Claim of Escondido School Districts re Successor Agency ROPS (per Government Code § 54956.9(e)(3))

II. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) a. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Maintenance and Operations Bargaining Unit and Administrative / Clerical / Engineering Bargaining Unit, Teamsters Local 911

13 Item3.

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ADJOURNMENT
Mayor White adjourned the meeting at 4:48 p.m.

_____________________________ _______________________________

MAYOR CITY CLERK

14 Item3.

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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 meeting to be led by the City Clerk. The City does not endorse, sponsor or sanction any particular religion and any remarks made are to allow all individuals to personally reflect, contemplate, pray, or meditate as they deem appropriate.

FLAG SALUTE
The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting.

CALL TO ORDER
Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
Tracy – Expressed concern regarding the Police Department.

Kim Marquardt – Requested a second session of the Table Tennis program at the Escondido Senior Center.

Anzy McWha – Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Amal Jubran – Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Derek Lam – Expressed concern about an interaction he had with Councilmember Morasco.

Angela Calderon – Expressed concern about an interaction she had with Councilmember Morasco.

Mohammed Shalabi - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.
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Neil Sholander – Requested the City increase pay for essential workers.

Francisco Clabajal – Introduced a new non-profit called Peace, Anger, Love.

Ed Gallo – Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Lulu Heimes – Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Abigail Carnell - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Syndus Alsafadi - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Ed Gallo – Stated that the City Council is not the venue for foreign policy.

Barry Speer – Expressed gratitude for the City Council.

Dan Pritsker – Expressed concern about anti-Semitism and anti-Zionism in the United States.

Michelle Cortes – Expressed concern about an interaction she had with Councilmember Morasco.

Jasper Anda - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Mia Ferguson - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Jeidy Valencia - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Analyze Ramirez - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Cynthia Gonzales - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Jeidy Valencia – Expressed concern about an interaction other students had with Councilmember Morasco.
16 Item3.

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Analyze Ramirez - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Cynthia Gonzalez - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

CONSENT CALENDAR
Motion: Morasco; Second: Martinez; Approved: 5-0.

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) -

2. APPROVAL OF WARRANT REGISTER (COUNCIL) -
Request the City Council approve the City Council and Housing Successor Agency warrant numbers:
 378599 – 378769 dated November 08, 2023
 378770 – 378985 dated November 15, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: Regular meeting of November 15, 2023

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –

5. TREASURER’S INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2023 Request the City Council approve the Quarterly Investment Report for the quarter ended September 30, 2023. (File Number 0490-55)
Staff Recommendation: Approval (Finance Department: Douglas Shultz, City Treasurer) Presenter: Douglas Shultz, City Treasurer

6. ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS FUNDED BY DEVELOPMENT IMPACT FEES PER GOVERNMENT CODE SECTION 66006
Request the City Council receive and file the Annual Financial Report on Development Impact Fees. (File Number 0400-93)
Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance)
Presenter: Christina Holmes, Director of Finance
17 Item3.

December 6, 2023 Escondido City Council Minutes Page 6 of 11

7. NOTICE OF COMPLETION FOR THE SAN PASQUAL UNDERGROUNDING PROJECT Request 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. (File Number 0600-95)
Staff Recommendation: Approval (Utilities Department: Angela Morrow, Interim Director of Utilities)
Presenter: Angela Morrow, Interim Director of Utilities a) Resolution No. 2023-157

8. PURCHASE THREE (3) MEDIX AMBULANCES FROM REPUBLIC EVS Request the City Council adopt Resolution No. 2023-161 approving a budget adjustment of $1,045,814.38 and authorizing the Fleet Services Division of the Public Works Department to purchase three (3) Medix Ambulances from Republic EVS of Huntington Beach, California, by utilizing a cooperative purchase agreement through HGAC, Contract No. AM10-23, and approving the disposal of the surplus vehicles via auction. (File Number 0470-25) Staff Recommendation: Approval (Public Works Department: Joseph Goulart, D irector of Public Works)
Presenter: Jeramiah Jennings, Fleet Maintenance Superintendent a) Resolution No. 2023-161

9. SAN DIEGO SENIORS COMMUNITY FOUNDATION GRANT – $3,000 Request the City Council adopt Resolution No. 2023-163 authorizing the Director of Economic Development to receive a $3,000 grant from the San Diego Seniors Community Foundation. (File Number 0480-70)
Staff Recommendation: Approval (Community Services Department: Jennifer Schoeneck, Director of Economic Development)
Presenter: Robert Rhoades, Assistant Director of Community Services a) Resolution No. 2023-163

10. MILLS ACT CONTRACT FOR 730 S. BROADWAY - PL23 – 0397 Request the City Council adopt Resolution No. 2023-167, authorizing the Mayor to execute, on behalf of the City of Escondido, a Historic Property Preservation Agreement (Mills Act Contract), with Edward T. Chambers and Julia D. Chambers for the Property located at 730 S.

Broadway. (File Number 0600-10; A-3487)
18 Item3.

December 6, 2023 Escondido City Council Minutes Page 7 of 11

Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Alex Rangel, Assistant Planner I
a) Resolution No. 2023-167

11. ACCEPT HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT FUNDS FOR LOCAL ROADWAY SAFETY PLAN (LRSP) PROJECT NO. 1 AND BUDGET ADJUSTMENT Request the City Council adopt Resolution No. 2023-150 authorizing the City Engineer or their designee to accept grant funds in the amount of $1,326,240; authorizing designated City agents to execute all grant forms and agreements necessary for Local Roadway Safety Plan (LRSP) Project No. 1; and authorizing a budget adjustment allocating grant funds to the project. (File Number 0480-70)
Staff Recommendation: Approval (Development Services Department: Christopher W.

McKinney, Deputy City Manager/Interim Director of Development Services and Julie Procopio, City Engineer)
Presenter: Edd Alberto, City Traffic Engineer
a) Resolution No. 2023-150

12. CONSULTING AGREEMENT FOR DESIGN OF SOUTH ESCONDIDO ACCESS IMPROVEMENTS

PROJECT
Request the City Council adopt Resolution No. 2023-132 awarding a consulting agreement to STC Traffic, Inc. (“STC”) in the amount of $299,121 to provide engineering design services for the South Escondido Access Improvements Project (“Project”). (File Number 0600-10; A-3488) Staff Recommendation: Approval (Development Services Department: Christopher W.

McKinney, Deputy City Manager/Interim Director of Development Services and Julie Procopio, City Engineer)
Presenter: Jonathan Schauble, Principal Civil Engineer
a) Resolution No. 2023-132

13. SIDE LETTER BETWEEN CITY OF ESCONDIDO AND THE ESCONDIDO POLICE OFFICER’S

ASSOCIATION, NON-SWORN BARGAINING UNIT
Request the City Council adopt Resolution No. 2023-170 authorizing the City’s negotiating team to execute a Side Letter Between the City of Escondido and the Police Officer’s Association, Non-Sworn Police. (File Number 0740-20)
19 Item3.

December 6, 2023 Escondido City Council Minutes Page 8 of 11

Staff Recommendation: Approval (Human Resources Department: Jessica Perpetua, Director of Human Resources)
Presenter: Jessica Perpetua, Director of Human Resources a) Resolution No. 2023-170

PUBLIC HEARINGS

14. CONTINUED - A REQUEST TO REMOVE A CONDITION OF APPROVAL APPLIED TO A MAJOR

PLOT PLAN REQUIRING FUNDING OF ONGOING MUNICIPAL SERVICES REQUIRED BY THE

PROJECT
Request the City Council uphold the Planning Commission recommendation of denial (4-2-1) to modify a Major Plot Plan in order to eliminate a condition of approval requiring funding of ongoing municipal services. The request is for a project condition of approval required for a 44-unit apartment project located at 1860, 1866, 1870 & 1896 S. Escondido Blvd. and the City Council may a) adopt Resolution No. 2023-152, denying a modification and upholding a condition of approval; or b) adopt Resolution No. 2023-153, granting the modification and waiving the condition of approval. (File Number 0800-30) Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Veronica Morones, City Planner
a) Resolution No. 2023-152
b) Resolution No. 2023-153
Mayor White continued the item to December 13, 2023.

15. PL22-0603/PL23-0239/PL22-0604 – A REQUEST FOR A ZONE MAP AMENDMENT, ZONE TEXT

AMENDMENT, AND MAJOR PLOT PLAN FOR GOAL LINE BATTERY STORAGE UTILITY Request the City Council adopt Resolution No. 2023-160, approving a Major Plot Plan Permit for construction of a lithium-ion battery storage utility, and adoption of a Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program prepared for the Project, and make certain Findings of Fact in conformance with the California Environmental Quality Act (CEQA). Introduce Ordinance No. 2023-16, approving a Zone Map Amendment to amend the zoning designation for the subject property from Planned Development – Industrial (PD-I) to General Industrial (M-2). Introduce Ordinance No. 2023-17, approving a Zone Text Amendment to amend the Escondido Zoning Code to allow for an increase fence height on a case-by-cases basis for industrial and commercial zoned properties through issuance of an Administrative Adjustment Permit. (File Number 0810-20) 20 Item3.

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Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Ivan Flores, AICP, Senior Planner
a) Resolution No. 2023-160
b) Ordinance No. 2023-16 (First Reading and Introduction) c) Ordinance No. 2023-17 (First Reading and Introduction) Motion: J. Garcia; Second: Martinez; Approved: 5-0

CURRENT BUSINESS

16. UNCLASSIFIED SERVICE SCHEDULE, SALARY PLANS, AND FULL-TIME COMPENSATION

SCHEDULE
Request the City Council approve Resolution No. 2023-146, amending the Salary Schedule and Salary and Benefits Plan for the Unclassified and Management Groups; Resolution No. 2023-147, amending the Part-time Salary Plan; and Resolution No. 2023-166, amending the full-time compensation schedule for all employee groups. (File Number 0720-90) Staff Recommendation: Approval (Human Resources Department: Jessica Perpetua, Director of Human Resources)
Presenter: Jessica Perpetua, Director of Human Resources a) Resolution No. 2023-146
b) Resolution No. 2023-147
c) Resolution No. 2023-166
Motion: Martinez; Second: Morasco; Approved: 4-1 (Morasco – No)

17. VINEHENGE UPDATE
Request the City Council approve staff’s recommendation to remove and dispose of the Vinehenge play structure in Grape Day Park and replace it with a standard playground for 2– 5-year-olds, located adjacent to and consistent in theme with the existing 5-12 playground (Option 3). (File Number 0915-07)
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Staff Recommendation: Approval (Community Services Department and Public Works Department: Jennifer Schoeneck, Director of Economic Development and Joseph Goulart, Director of Public Works)
Presenters: Danielle Lopez, Housing and Neighborhood Services Manager and Wayne Thames, Public Works Superintendent
Item pulled from the agenda.

18. COUNCIL COMPENSATION
Request the City Council make factual findings supporting a salary increase and consider the adoption of Ordinance No. 2023-19 providing for an amendment to Escondido Municipal Code § 2-28(a) and § 2-28(b) increasing the salary for councilmembers and the mayor, respectively, as required by Government Code § 36516, as amended by Senate Bill (SB) 329, and Council Rules of Policy and Procedure Section B(9). (File Number 0610-90) Staff Recommendation: Provide Di rection (City Attorney's Office: Michael McGuinness, City Attorney)
Presenter: Michael McGuinness, City Attorney
a) Ordinance No. 2023-19 (First Reading and Introduction) Motion to increase Mayoral salary 6.0% and the City Council salary 7.5%: Morasco; Second: C.

Garcia; Approved: 3-2 (Martniez – No; J. Garcia – No)

19. ESCONDIDO MUNICIPAL CODE CHAPTER 16A, MASSAGE REGULATION Request the City Council introduce Ordinance No. 2023-18 to amend the Chapter 16A of the Escondido Municipal Code. (File Number 0680-10)
Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: David Cramer, Police Captain
a) Ordinance No. 2023-18 (First Reading and Introduction) Motion: C. Garcia; Second: J. Garcia; Approved: 5-0

FUTURE AGENDA

20. 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 22 Item3.

December 6, 2023 Escondido City Council Minutes Page 11 of 11

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) Mayor White – Interagency assignments. Resolution regarding priority lanes.

ORAL COMMUNICATIONS
Yussef Miller – Requested the City not use pesticides in its parks.

ADJOURNMENT
Mayor White adjourned the meeting at 7:08 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

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December 13, 2023 Escondido City Council Minutes Page 1 of 8

CLOSED SESSION
4:00 PM

CALL TO ORDER

1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

ORAL COMMUNICATIONS
None.

CLOSED SESSION

I. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)

December 13, 2023 Escondido City Council Minutes Page 2 of 8

ADJOURNMENT
Mayor White adjourned the meeting at 4:37 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

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December 13, 2023 Escondido City Council Minutes Page 3 of 8

REGULAR SESSION
5:00 PM Regular Session

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

CONSENT CALENDAR
Motion to approve items 1-7: Morasco; Second: C. 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:
 378986 – 379168 dated November 21, 2023
 379169 – 379335 dated November 29, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: None
26 Item3.

December 13, 2023 Escondido City Council Minutes Page 4 of 8

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –

5. APPROVAL OF THE FISCAL YEAR 2024/25 RECOGNIZED OBLIGATION PAYMENT SCHEDULE Request the City Council adopt Resolution No. 2023-149 approving the Fiscal Year 2024/25 Recognized Obligation Payment Schedule (“ROPS”) so that the Successor Agency may continue to make payments due for enforceable obligations. (File Number 0440-35) Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance)
Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2023-149

6. CALTRANS CLEAN CALIFORNIA LOCAL GRANT PROGRAM $3,503,000 FOR ESCONDIDO CREEK

TRAIL ROSE TO MIDWAY
Request the City Council adopt Resolution No. 2023-162, authorizing receipt of Clean California Local Grant Program funds for the Escondido Creek Trail Rose to Midway Project in the amount of $3,503,000, and authorizing execution of all grant-related agreements and forms. (File Number 0480-70)
Staff Recommendation: Approval (City Manager’s Office: Joanna Axelrod, Deputy City Manager)
Presenter: Joanna Axelrod, Deputy City Manager
a) Resolution No. 2023-162

7. 220 AND 240 S. BROADWAY LEASE AGREEMENTS WITH THE ESCONDIDO EDUCATION

COMPACT
Request the City Council adopt Resolution No. 2023-173 authorizing the Mayor to execute, on behalf of the City, two Lease Agreements with the Escondido Education COMPACT for the properties located at 220 and 240 S. Broadway. (File Number 0600-10; A-3490-A, A-3490-B, A-3490-C, A-3490-D)
Staff Recommendation: Approval (Economic Development Department: Jennifer Schoeneck, Director of Economic Development)
Presenter: Jennifer Schoeneck, Director of Economic Development a) Resolution No. 2023-173
Jack Anderson – Expressed support for this item.
27 Item3.

December 13, 2023 Escondido City Council Minutes Page 5 of 8

8. SETTLEMENT OF TOUCHSTONE LITIGATION AND FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT FOR MUNICIPAL PARKING LOT #1 PROJECT
Request the City Council approve Resolution No. 2023-164 to (1) authorize the settlement of the litigation titled Touchstone MF Fund I, LLC v. City of Escondido; and (2) approve the First Amendment to Purchase & Sale Agreement. (0170-12; 0600-10; A-3489) Staff Recommendation: Approval (City Attorney’s Office: Michael R. McGuinness, City Attorney)
Presenter: Michael R. McGuinness, City Attorney
a) Resolution No. 2023-164
Motion: Morasco; Second: C. Garcia; Approved: 4-1 (Martinez – No)

9. COUNCIL COMPENSATION
Request the City Council adopt Ordinance No. 2023-19R providing for an amendment to Escondido Municipal Code § 2-28(a) and § 2-28(b) increasing the salary for councilmembers and the mayor, respectively, pursuant to Government Code § 36516 and Council Rules of Policy and Procedure Section B(9). (File Number 0610-90) Staff Recommendation: Approval (City Attorney's Office: Michael R. McGuinness, City Attorney)
Presenter: Michael R. McGuinness, City Attorney
a) Ordinance No. 2023-19R (Second Reading and Adoption) James Cassidy – Expressed opposition to this item.

Motion: Morasco; Second: C. Garcia; Approved: 3-2 (Martinez, J. Garcia – No) Note: Deputy Mayor Joe Garcia stated he would decline the increase when it goes into effect.

CURRENT BUSINESS

10. FISCAL IMPACT ANALYSIS OF FUTURE DEVELOPMENT AND CONSIDERATION OF CHANGES

TO THE CITY'S SERVICES COMMUNITY FACILITIES DISTRICT LEVIES Request the City Council receive and file the Fiscal Impact Analysis (“FIA”) of Future Development. Additionally, staff recommends the City Council adopt Resolution No. 2023- 156 amending the previously set levy of special taxes (“levy” or “levies”) for the City’s Services Community Facilities District (“Services CFD”). (File Number 0685-10) 28 Item3.

December 13, 2023 Escondido City Council Minutes Page 6 of 8

Staff Recommendation: Receive an d File FIA and adopt Resolution No. 2023 -156, selecting “Option H”. (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services)
Presenter: Christopher W. McKinney, Interim Director of Development Services a) Resolution No. 2023-156
Andrea Contreras – Expressed support for the staff recommendation.

Jim Simmons – Expressed support for the staff recommendation.

Motion: Morasco; Second: J. Garcia; Approved: 5-0

PUBLIC HEARINGS

11. CONTINUED - A REQUEST TO REMOVE A CONDITION OF APPROVAL APPLIED TO A MAJOR

PLOT PLAN REQUIRING FUNDING OF ONGOING MUNICIPAL SERVICES REQUIRED BY THE

PROJECT
Request the City Council uphold the Planning Commission recommendation of denial (4-2-1) to modify a Major Plot Plan in order to eliminate a condition of approval requiring funding of ongoing municipal services. The request is for a project condition of approval required for a 44-unit apartment project located at 1860, 1866, 1870 & 1896 S. Escondido Blvd. and the City Council may a) adopt Resolution No. 2023-152, denying a modification and upholding a condition of approval; or b) adopt Resolution No. 2023-153, granting the modification and waiving the condition of approval. (File Number 0800-30) Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Veronica Morones, City Planner
a) Resolution No. 2023-152
b) Resolution No. 2023-153
Motion to approve applicants request to waive the CFD condition: Morasco; Second: C. Garcia; Approved: 5-0

12. SPECIFIC PLAN AMENDMENT, MAJOR PLOT PLAN AND DENSITY BONUS FOR A 21-UNIT, MULTI-FAMILY RESIDENTIAL/MIXED-USE PROJECT - PHG20-0036 Request the City Council introduce Ordinance No. 2023-20 adopting an Addendum to the Final Negative Declaration adopted for the South Centre City Specific Plan and approve an 29 Item3.

December 13, 2023 Escondido City Council Minutes Page 7 of 8

amendment to the South Centre City Specific Plan. Additionally, adopt Resolution No. 2023- 171 approving a Major Plot Plan and Density Bonus for a 21-unit mixed-use project. (File Number 0810-20)
Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Jay Paul, Senior Planner
a) Ordinance No. 2023-20 (First Reading and Introduction) b) Resolution No. 2023-171
Motion: Morasco; Second: C. Garcia; Approved: 5-0

CURRENT BUSINESS

13. DEPUTY MAYOR APPOINTMENT
Request the City Council appoint a Deputy Mayor in accordance with Ordinance No. 2020-28. (File Number 0610-70)
Staff Recommendation: Approval (City Clerk's Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
Motion to appoint Councilmeber Christian Garcia: Morasco; S econd: White; Approved: 4 -1 (Martinez – No)

14. COUNCIL RESOLUTION OPPOSING THE REMOVAL OR REPURPOSING OF ANY EXISTING

ROADWAY TRAFFIC LANES
Request the City Council adopt Resolution No. 2023-172, objecting to the removal or repurposing of any travel lanes for purposes of accommodating state or NCTD Climate Goals. (File Number 0680-20)
Staff Recommendation: Approval (City Council: Mayor Dane White) Presenter: Mayor Dane White
a) Resolution No. 2023-172
Item moved to January 10, 2024.

FUTURE AGENDA
30 Item3.

December 13, 2023 Escondido City Council Minutes Page 8 of 8

15. 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)

ORAL COMMUNICATIONS
Jasper Anda – Requested the City Council pass a resolution for a ceasefire between Hamas and Israel.

Esmeralda Arbizo – Requested the City Council pass a resolution for a ceasefire between Hamas and Israel.

Samya Noori – Requested the City Council pass a resolution for a ceasefire between Hamas and Israel.

Leve Falasteen – Requested the City Council pass a resolution for a ceasefire between Hamas and Israel.

Cynthia Gruchy – Requested the City Council pass a resolution for a ceasefire between Hamas and Israel.

Cynthia Gonzalez – Requested the City Council pass a resolution for a ceasefire between Hamas and Israel.

ADJOURNMENT
Mayor White adjourned the meeting at 6:08 p.m.

______________________________ _______________________________

MAYOR CITY CLERK
31 Item3.
32 Item4.

STAFF REPORT

January 10, 2024
File Number 0440-15

SUBJECT

A RESOLUTION IN SUPPORT OF AN APPLICATION BY THE DEVELOPERS OF THE NUTMEG

CONDOMINIUM PROJECTS FOR TAX-EXEMPT BOND FUNDING OF DEVELOPMENT IMPACT FEES VIA THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY’S BOND OPPORTUNITIES FOR LAND DEVELOPMENT

PROGRAM

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-09 in support of an application by the developer of the Nutmeg Projects for tax-exempt bond funding of development impact fees. The application will be submitted to the California Municipal Finance Authority’s (“CMFA”) for consideration of funding via the Bond Opportunities for Land Development (“BOLD”) Program.

Recommendation: Approval (Development Services: Christopher W. McKinney, Deputy City Manager) Presenter: Christopher W. McKinney, Deputy City Manager

FISCAL ANALYSIS

There is no direct expenditure of funds by the City. All costs related to the formation, issue of bonds, and ongoing administration for any Community Facilities District (“CFD”) formed by the BOLD program as a result of the application is the responsibility of CMFA. If 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 pla ce 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 throug h the bond proceeds. The bonds themselves would be repaid through property assessments on future homeowners.

The table on the following page shows the funding that the developer is planning to submit to the CMFA BOLD Program to cover development impact fees of the 134-unit Nutmeg Projects. If tax-exempt bonds are sold to fund the project’s impact fees, the City will have 3 years to identify specific projects within the City and expense the funds. These levels of funding – both the amounts in each categor y and the total amount – are not final and are pending CMFA’s processing of the developer’s application.

33 Item5.

PROPOSED FEES TO BE FUND VIA CMFA BOLD PROGRAM TAX-EXEMPT BOND FUNDING

PREVIOUS ACTION
On November 15, 2023, the City Council held a Public Hearing and adopted Resolution No. 2023-155 authorizing City participation in the California Municipal Finance Authority’s (“CMFA”) Bond Opportunities for Land Development (“BOLD”) Program.

BACKGROUND

Nutmeg Projects

The Nutmeg Projects are two condominium projects totaling 134 units. Both projects are located immediately to the west of Centre City Parkway on either side of Nutmeg Street in northern Escondido.

The smaller project, comprised of 37 units on 2.33 acres, is locate d on the north side of Nutmeg Street and was approved in 2019. The larger project, comprised of 97 units on 4.37 acres, is located on the south side of Nutmeg Street and was approved in 20 20. As shown in the table above, the developer will likely apply for bond funding to cover water and wastewater fees, as well as Parks Fees and Traffic Fees, among others. The developer will also seek bond funding for fees owed to the Rincon del Diablo Municipal Water District and the Vista Irrigation District, both of which are CMFA members and BOLD Program participants.

The anticipated BOLD Program application will be the first such application since the City Council approved participation by the City of Escondido.
34 Item5.

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 issuance of land-secured bonds directly by the City. The BOLD Program is designed to help local government s, 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.

STAFF RECOMMENDATION
Staff recommends adoption of Resolution No. 2024-09 supporting an application by the developer of the Nutmeg Projects for tax-exempt bond funding of development impact fees via the CMFA BOLD Program.

RESOLUTIONS
a. Resolution No. 2024-09
35 Item5.

RESOLUTION NO. 2024-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA , IN SUPPORT OF AN

APPLICATION BY THE DEVELOPERS OF THE NUTMEG

CONDOMINIUM PROJECTS FOR TAX -EXEMPT BOND

FUNDING OF DEVELOPMENT IMPACT FEES VIA THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY’S BOND

OPPORTUNITIES FOR LAND DEVELOPMENT PROGRAM

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 City Council aut horized, via adoption of Resolution No. 2023-155, the City’s participation in the CMFA’s Bond Opportunities for Land Development Program (the “BOLD Program”) , which allows the financing of certain public facilities and/or certain development impact fees through the levy of special taxes under the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS, the City Council approved two condominium developments in 2019 and 2020 to the west of Centre City Parkway on both the north side (37 units) and south side (97 units) of Nutmeg Street in the City of Escondido (“the Nutmeg Condominium Properties”); and WHEREAS, the property owner and developer of Nutmeg Condominium Properties wish to apply to CMFA for tax-exempt bond financing for certain development fees via 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.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California as follows:
36 Item5.
2 1. The City of Escondido supports an application by the developers of the Nutmeg Condominium Projects for tax -exempt bond funding of development impact fees via the CMFA’s BOLD Program.

2. The City’s responsibilities during the application submission, application review, potential issue of bonds, and future expenditure of bond funds are those described in Resolution No. 2023-155, which approved the City’s participation in the BOLD Program. 37 Item5.

STAFF REPORT

January 10, 2024
File Number 0480-70

SUBJECT
SAN DIEGO SENIORS COMMUNITY FOUNDATION EMPOWER SAN DIEGO SENIOR CENTERS GRANT – $12,000

DEPARTMENT
Economic Development, Community Services Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-01 authorizing the Director of Economic Development to receive a $12,000 grant from the San Diego Seniors Community Foundation.

Staff Recommendation: Approval (Economic Development, Community Services: Jennifer Schoeneck) Presenter: Jilaine Hernandez, Community Services Supervisor

FISCAL ANALYSIS
This action will have no impact on the General Fund Budget and does not require matching funds.

PREVIOUS ACTION
None.

BACKGROUND
The City of Escondido has been awarded $12,000 from the San Diego Seniors Community Foundation for the Empower San Diego Seniors Grant. The Empower Grant is designed to provide funding to grow public awareness, incr ease clientele, and develop a long -term planned giving strategy for the Park Avenue Community Center (“PACC”), Home of the Escondido Senior Center.

The San Diego Senior Community Foundation will select a marketing consultant, at their expense, that will provide general strategies for publicizing programmatic activities at grant selected senior centers. The consultant will then work individually with the supervisor at the PACC to develop customized marketing and public relations programs and collateral which is designed to increase the visibility of the senior center thereby growing participation and associated revenue. The awarded grant funding shall be used to pay for the resources and marketing materials identified by the consultant as a part of this outreach effort.

These may include but are not limited to digital marketing though social media and email, print media 38 Item6.

such as flyers and newspapers, or non -traditional advertising through street banners and movie theatre ads as advised by the consultant.

As a part of the work with the consultant, City staff will also be exploring opportunities for establishing a long-term philanthropic giving program. This could provide the foundation for a lasting funding mechanism that would potentially alleviate some of the senior center’s reliance on the general fund. The development of such a program could provide continued low-cost enrichment and socialization activities that would not be dependent on or subject to municipal funding.

The grant period spans calendar year 2024 with final reporting due no later than January 31, 2025.

RESOLUTIONS
a. Resolution No. 2024-01

ATTACHMENTS
a. Attachment “1” – Budget Adjustment
b. Attachment “2” – Empower San Diego Seniors Centers Grant Award Letter 39 Item6.

BUDGET ADJUSTMENT

REQUEST
Department: Community Services Department
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Robert Rhoades
City Council Meeting Date:
(attach staff report) 01/10/2024

EXPLANATION OF REQUEST
Acceptance of $ 12,000 grant from the San Diego Seniors Community Foundation. The grant will support opportunities to grow public awareness, increase clientele, and develop a long-term planned giving strategy for the Park Avenue Community Center (PACC), Home of the Escondido Senior Center.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Miscellaneous Agencies 4121-401-New Project $12,000.00
San Diego Seniors Community
Foundation Empower Grant 0000-401-New Project $12,000.00

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE
DocuSign Envelope ID: 88E426A3-1B4B-4104-82B2-C4DA08CB5A62 1/2/2024
12/19/2023
Attachment "1"
40 Item6.

Board of Directors
Bob Kelly
Founder
Ted Chan
Chair
Derek Quackenbush
Treasurer
John Wylie
Secretary
Abigail Sahm
Adrienne Vargas
Daniel L. Gross
Joaquin Anguera
Pam Smith
Randi Larsson
Team Members
Bob Kelly
Founder, CEO
Jerry Ray
Co-Founder,
Chief Financial
& Operating Officer
Joe Gavin
Chief Programs and
Community Engagement
Officer
Kristoffer Kelly
Director of Development
& Partnerships
P.O Box 60515 San Diego, CA 92106 • 619-684-9114 • sdscf.org December 7, 2023
City of Escondido
Escondido Park Avenue Senior Center
201 Broadway
Escondido, CA 92025
Attn: Jilaine Hernandez [email protected]
Re: December 2023 SDSCF Empower San Diego Senior Centers Grant Award Hello Jilaine,
Congratulations! Escondido Park Avenue Senior Center has been selected to receive a grant from the San Diego Seniors Community Foundation (the “Foundation”) in the amount of $12,000 (“the Grant”). The Grant is awarded in response to the Letter of Interest you submitted for the Foundation’s December 2023 Empower San Diego Senior Centers grant cycle. The Foundation’s Board of Directors approved funding to support the following purposes:
• Marketing/PR funding for growing public awareness, increasing clientele and membership, and developing long-term planned giving strategies. o Note: SDSCF will be interviewing and selecting one or two marketing firms to ensure reliable representation and consistent messaging. Grantees awarded funding for marketing will be required to use one of those firms. Grant awards for marketing will be issued once this process is completed. Your agency will then be able to work directly with the marketing firm.

Please note that we are bypassing the “Full Application” process, relying instead on the information provided in your Letter of Interest. To supplement that information, our Chief Program Officer, Joe Gavin, may reach out to you to discuss grant outputs, outcomes, and key measurements, so that there is mutual understanding and agreement on how impact will be assessed and evaluated.

The period for this Grant is from January 1, 2024, to December 31, 2024. In July 2024, please submit a two-to-three-page mid-term report on letterhead, 12 pt font, describing your progress to-date, and any interim outcomes. A final report will be required in January 2025, to be submitted in the SmarterSelect software application. A link will be provided at that time. In your final report, please inform us of your successes and challenges in attaining your projected outcomes.

Grant funds awarded by the Foundation may be expended only for charitable, scientific, literary, or educational purposes as described under Internal Revenue Code Section 501(c)(3) and only for the specific purposes stated in this letter. You agree that the Grant funds will be used only for such purposes and that no material variances will be made from the stated purpose of the Grant without the Foundation’s prior written approval. Any Grant funds not expended for the purpose of the Grant will be returned to the Foundation.

Attachment "2" 41
Item6.

If this letter correctly sets forth your understanding of the terms of this Grant, please signify your organization’s agreement to such terms by completing the information below and having the appropriate officer sign where indicated. Then scan and email a copy of both pages of the signed original to [email protected] and [email protected].

This will expedite the issuance and receipt by you of the grant check. There is no need to mail a hard copy original.

If you have any questions, please contact Joe Gavin at [email protected].

Once again, congratulations on the grant award and best wishes for a successful project.

Bob Kelly
Founder, Director

__________________________________ ACCEPTS AND HEREBY AGREES TO THE TERMS OF THE GRANT.

AGENCY NAME
BY: __________________________________________________________________________________

AUTHORIZED SIGNATURE TITLE PRINTED NAME: ________________________________________
DATE: ____________________________
FEDERAL ID NUMBER: __________________________________________ STATE Corporate ID NUMBER: (see note below *)____________________________________________ CORRECT PAYEE NAME FOR GRANT CHECK: _______________________________________________ CORRECT ADDRESS TO SEND GRANT CHECK: _______________________________________________ _______________________________________________

* We are looking for the seven-digit State of California Corporate ID number. You can find it on your recorded Articles of Incorporation or on your annual Form 199 filing with the Franchise Tax Board. If the number begins with the digit “0”, please include that. Federal ID and State ID numbers are used to verify that your organization is in good standing with the California State Franchise tax board, the California Attorney General’s office, and the IRS. Thank you for your help in this due diligence process.

Attachment "2"
42 Item6.

RESOLUTION NO. 2024-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE

DIRECTOR OF ECONOMIC DEVELOPMENT TO RECEIVE A
$12,000 GRANT FROM THE SAN DIEGO SENIOR

COMMUNITY FOUNDATION

WHEREAS, in the last census the City of Escondid o’s senior population (60+) grew to 28,885 or

19.1% of the general population; and
WHEREAS, the Older Adult Services Division of the Community Services Department offers outreach and support to isolated seniors through socially connected p rogramming and socialization events; and
WHEREAS, the San Diego Seniors Community Foundation is dedicated to increase awareness and action toward issues impacting seniors and to increase philanthropy to senior-focused organizations; and WHEREAS, the Director of Economic Development recommends the acceptance of $ 12,000 Empower San Diego Senior Centers Grant from the San Diego Seniors Community Foundation.

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 Director of Economic Development, or her designee, to execute all necessary documents, in forms approved by the City Attorney’s Office, to accept all grant funds.

3. That the City Council approves of any necessary budget adjustments to expend funds received for the purposes stated herein.
43 Item6.

4. The Community Services Department shall expend $12,000 grant funds in accordance with the terms and requirements of the grant agreement.

44 Item6.

STAFF REPORT

January 10, 2024
File Number 0480-70

SUBJECT
FISCAL YEAR 2023-24 STATE OF CALIFORNIA CITIZEN’S OPTIONS FOR PUBLIC SAFETY PROGRAM GRANT

AND BUDGET ADJUSTMENT

DEPARTMENT
Police Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-04 authorizing the Escondido Police Department to accept a FY 2023 -24 Citizens’ Option for Public Safety Program Grant in the amount of $232,909 ; approving grant expenditures consistent with guidelines in AB1913; authorizing the Chief of Police or his designee to execute grant documents on behalf of the City; and approving budget adjustments needed to spend grant funds. Grand Funds will cover salary expenses for part -time Police Department employees.

Staff Recommendation: Approval (Escondido Police: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police

FISCAL ANALYSIS
Grant funds will be used to augment the Escondido Police Department Operating Budget and will have no impact on the General Fund Budget.

PREVIOUS ACTION
On November 16, 2022 , the City Council accepted FY 2022 -2023 State of California Citizens’ Option for Public Safety Program Grant in the amount of $232,722 , to cover salar y expenses for part -time Police Department employees.

BACKGROUND
Existing law establishes Supplemental Law Enforcement Services Funds and requires monies from these funds to be allocated to counties and cities for purposes of the Citizens’ Option for Public Safety Program.

In September 2000, the California State Legisl ature chaptered AB 1913, the Schiff -Cardenas Crime Prevention Act of 2000, which increased appropriations for these funds and established new formulas for State Citizens’ Option for Public Safety allocations.
45 Item7.

The Escondido Police Department received a FY 2023-24 Citizens’ Option for Public Safety Program Grant award in the amount of $232,909 . This grant supports front -line law enforcement services with the intention of enhancing public safety within the community.

The Police Department proposes to use its allocation to cover part-time employees’ salaries and benefits.

Positions funded by the allocation include Department Specialists in the Traffic Division, Patrol Division, Investigations Bureau, Services Bureau, and the Internal Affairs Unit. These part-time employees perform support services that allow front-line law enforcement officers to handle high-priority calls.

These grant funds have been an integral component for the Escondido Police Department’s operations for nearly twenty years. Without this funding, the Police Department would be unable to maintain its part- time staff. Approximately 45 part -time employees are funded by this grant. These employees perform administrative and operational duties that would otherwise fall to sworn officers. This necessary funding has allowed for support staff to remain a vital part of the operations of the Escondido Police Department.

RESOLUTIONS
a. Resolution No. 2024-04

ATTACHMENTS
a. Attachment “1” – Budget Adjustment
46 Item7.

RESOLUTION NO. 2024-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CHIEF OF
POLICE TO ACCEPT THE FISCAL YEAR 2022-23 STATE OF
CALIFORNIA CITIZEN’S OPTION FOR PUBLIC SAFETY
PROGRAM GRANT IN THE AMOUNT OF $232,909; AND

EXECUTE ALL NECESSARY BUDGET ADJUSTMENTS

WHEREAS the City of Escondido desires to improve efficient law enforcement services to the community; and

WHEREAS, the Escondido Police Department has designated the Fiscal Year 2023 -24 State of California Citizen’s Option for Public Safety Program Grant to fund salary and benefit expenses of part - time personnel to address this goal; and

WHEREAS, the Fiscal Year 2023 -24 State of California Citizen’s Option for Public Safety Program Grant is made a vailable by the California State Legislature AB 1913 through the Schiff -Cardenas Crime Prevention Act of 2000 in the amount of $232,909.

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 Chief of Police of the City of Escondido to accept the Fiscal Year 2023-24 State of California Citizen’s Option for Public Safety Program Grant in the amount of $232,909 and execute all documents necessary for the management and completion of the grant scope including any extensions and amendments thereof.

3. That the City Council approves and adopts the budget adjustment to accept and expend the grant funds.
47 Item7.

BUDGET ADJUSTMENT

REQUEST
Departmen
t: Police Department
For Fi
nance Use Only
BA # ____
________
Fiscal Year ________
Department Contact: Barbara MarLett
City Council Meeting Date:
(attach staff report) January 10, 2024
EXPLANATION OF REQUEST
A budget adjustment is needed to spend FY 2023‐24 grant funds f or part‐time salaries and overhead to support Escondido Police Department activities.
(Request new project # GCOP24)
BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Revenue
4127‐450‐New Project
Number $232,909
Police Grants
450‐New Project
Number $232,909
APPRO
VALS
DEPARTMENT HEAD DATE FINANCE DATE
DocuSign Envelope ID: D21CBF27-13C3-46C4-B62D-851516036B1D 1/3/2024
1/3/2024
Attachment "1"
48 Item7.

STAFF REPORT

January 10, 2024
File Number 0480-70

SUBJECT
FY 2022-23 U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT – LOCAL SOLICITATION AND BUDGET ADJUSTMENT

DEPARTMENT
Police Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-03 to authorize the Police Department to accept a $46,913 FY 2022-23 Edward Byrne Memorial Justice Assistance Grant (JAG); authorize the Chief of Police or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds. Grant funds will cover salary expenses for part-time patrol technicians.

Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police

FISCAL ANALYSIS
This action will have no impact on the FY 2023-24 Operating Budget. Grant funds will be used for expenses related salary and benefits of part-time patrol technicians.

PREVIOUS ACTION
On November 16, 2022, the City Council approved a FY 2020-21 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Local Solicitation Grant.

BACKGROUND
The Escondido Police Depar tment has been awarded a $46,913 FY 2022-23 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant. Grant funds will cover salary and benefit expenses for two part-time patrol technicians.

Patrol Technicians are assigned to the Patrol Division and are utilized to augment front -line law enforcement services allowing officers to focus on crime-prevention and suppression efforts.

49 Item8.

Patrol Technicians are an asset t o the community. They take non -violent crime reports, prepare and process paperwork, impound found property and e vidence, bring important paperwork to the District Attorney and the courts, as well as other necessary tasks. All of these duties would other wise be performed by sworn police officers. The support of the Patrol Technicians allows for sworn police officers to handle their patrol duties, more serious crime investigations, and other vital assignments.

RESOLUTIONS
A. Resolution No. 2024-03

ATTACHMENTS
B. Attachment “1” – Budget Adjustment

50 Item8.

RESOLUTION NO. 2024-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CHIEF OF
POLICE TO ACCEPT THE FISCAL YEAR 2022 -23 U.S.

DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL

JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF
$46,913; AND EXECUTE ALL NECESSARY BUDGET

ADJUSTMENTS

WHEREAS, the City of Escondido desires to improve eff icient law enforcement services to the community; and
WHEREAS, the Escondido Police Department has designated the Fiscal Year 2022 -23 U.S.

Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) to fund salary and benefit expenses of part-time personnel to address this goal; and WHEREAS, the Fiscal Year 2022 -23 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant funds are made available through the U.S. Department of Justice in the amount of $46,913.

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 Chief of Police of the City of Escondido to accept the Fiscal Year 2022 -23 U.S. Depart ment of Justice Edward Byrne Memorial Justice Assistance Grant in the amount of $46,913, and execute all documents necessary for the management and completion of the grant scope, including any extensions and amendments thereof. 51 Item8.

3. That the City Council approves and adopts the budget adjustment to accept and expend the grant funds.

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BUDGET ADJUSTMENT

REQUEST
Departmen
t: Police Department
For Fi
nance Use Only
BA # ____
________
Fiscal Year ________
Department Contact: Barbara MarLett
City Council Meeting Date:
(attach staff report) January 10, 2024
EXPLANATION OF REQUEST
A budget adjustment is needed to spend FY 2022‐23 Edward Byrne Memorial Justice Assistance Grant (JAG) funds for part‐time personnel.
(Request new project # GEBM23)
BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Revenue
4128‐451‐New Project
Number $46,913
Police Grants
451‐New Project
Number $49,913
APPRO
VALS
DEPARTMENT HEAD DATE FINANCE DATE
DocuSign Envelope ID: 6DE03F7B-05AC-4F61-87A3-89A63051A851 1/3/2024 1/3/2024
Attachment "1"
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STAFF REPORT

January 10, 2023
File Number 0690-80

SUBJECT

CONSENT TO RECORDATION OF AMENDED AND CORRECTED EASEMENT DEED

DEPARTMENT
City Attorney

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-07 consenting to and accepting an Amended and Corrected Easement Deed in real property for recordation with the San Diego County Assessor/Recorder/County Clerk.

Staff Recommendation: Approval (City Attorney’s Office: Michael McGuinness, City Attorney) Presenter: Michael McGuinness, City Attorney
ESSENTIAL SERVICE – Yes, internal requirement in support of Clean Water , Sewer, and Public Works/Infrastructure.

FISCAL ANALYSIS
The recordation of the Amended and Corrected Deed is a component of a settlement of litigation and as a public agency, there is no cost to the City for this service pursuant to Government Code §§ 6103, 27383 and 27388.1.

PREVIOUS ACTION
On December 6, 2023, the City Council approved the resolution of litigation in the case of City of Escondido v. Patterson, San Diego Superior Court Case No. 37-2022-00004144-CU=BC-NC (“Litigation”). A condition of that settlement included the recordation of an Amended and Corrected Easement Deed related to the real property owned by the defendant in the lawsuit reflecting revisions to the original easement deed recorded on November 17, 2020, Instrument No. 2020-0722625, in the Official Records of the County of San Diego.

BACKGROUND

On December 6, 2023, the Council authorized settlement of the Litigation related to claims , including inverse condemnation, arising out of the Recycled Water Easterly Agricultural Distribution System Project (“Project”). As part of that se ttlement, the Defendant in the action agreed to execute , and has duly 54 Item9.

executed, an Amended and Corrected Easement Deed to reflect corrections to an earlier easement deed executed and recorded November 17, 2020, as Instrument No. 2020 -0722625, in the Official Records of the San Diego County Assessor/Recorder’s Office.

A settlement agreement was fully executed by all parties to the litigation on December 8, 2023. As part of that settlement, and for the benefit and interests of the City, it must record an updated easement on Assessor's Parcel Number 241-020-10 for the operation and location of the Project pipeline and related easement area. Before recording, and for purposes of protecting a public entity from having individuals with no authority to record instruments on behalf of a public entity, Government Code § 27281 requires any instrument conveying an easement to a public entity be accompanied by evidence that the public entity consents to the grant.

The County Recorder’s Office has requested a Certificate of Acceptance of the Amended and Corrected Easement Deed in substantially the form attached hereto as Attachment “1” and as Exhibit “A” to Resolution No. 2024-XX.

In support of perfecting the amended and corrected easement deed needed for this Project, and made a part of the settlement of the Litigation, staff recommends the adoption of Resolution No. 2024 -XX granting authority to the City Manager to execute Exhibit “A,” a Certificate of Acceptance related to a portion of real property APN 241 -020-010-00, and/or such other forms as required by the San Diego County Recorder’s Office to implementing all terms of the Litigation settlement agreement.

RESOLUTIONS
a. Resolution No. 2024-XX
b. Resolution No. 2024-XX - Exhibit “A” Certificate of Acceptance

ATTACHMENTS
a. Attachment “1” - Certificate of Acceptance
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Attachment "1"
56 Item9.

RESOLUTION NO. 2024-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, CONSENTING TO AND

GRANTING THE CITY MANAGER AUTHORITY TO EXECUTE

THE CERTIFICATE OF ACCEPTANCE OF AN AMENDED AND

CORRECTED EASEMENT DEED FOR REAL PROPERTY
RELATED TO APN 241 -020-010-00 AND RELATED

DOCUMENTS

WHEREAS, on December 6, 2023, the City Council of the City of Escondido approved the settlement of litigation in the case of City of Escondido v. Patterson , San Diego Superior Court Ca se No. 37-2022-00004144-CU=BC-NC (“Litigation”). The Litigation related to claims, including inverse condemnation, arising out construction of the Recycled Water Easterly Agricultural Distribution System Project (“Project”). A condition of that settlement included the recordation of an Amended and Corrected Easement Deed a copy of which is attached hereto as Exhibit “A” related to the real property owned by the defendant in the Lawsuit reflecting revisions to the original easement deed recorded on November 17, 2020, Instrument No. 2020-0722625, Assessor's Parcel Number 241-020-10, in the Official Records of the County of San Diego (“Property”); and
WHEREAS, a settlement agreement of the Litigation was fully executed by all parties to the litigation on December 8, 2023. As part of that settlement and for the benefit, and in the interests, of the City, a corrected easement deed related to the Property must be recorded with the San Diego County Recorder’s Office (“Recorder’s Office”) for the easement granted to the City for the operation of the Project pipeline; and
WHEREAS, Government Code § 27281 and the Recorder’s Office requires any instrument conveying an easement to a public entity be accompanied by evidence that the public entity consents to the grant; and
57 Item9.

WHEREAS, the Recorder’s Office has requested a Certificate of Acceptance of the Amended and Corrected Easement Deed in substantially the form attached hereto as Exhibit “B;” and WHEREAS, in support of perfecting the Amended and Corrected Easement Deed needed for this Project, and made a part of the settlement of the Litigation, the City Council on behalf of the City agrees and consents to the recordation of Exhibit “A” the Amended and Corrected Easement Deed and hereby grants authority to the City Manager to execute Exhibit “ B,” a Certificate of Acceptance related to a portion of the Property, and/or any other documents and forms as require d by the Recorder’s Office required to implement all terms of the Litigation settlement agreement and compliance with all relevant state and county law provisions to accomplish the recordation of the Amended and Corrected Easement Deed related to the Property.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Escondido , California, as follows:

1. The above recitations are true and are incorporated herein as though fully set forth.

2. That the City Council of the City of Escondido hereby agrees, accepts and consents to the recordation of the Amended and Corrected Easement Deed , a copy of which is attached hereto as Exhibit “A.”

3. That the City Council of the City of Escondido hereby grants the City Manager authority to execute Exhibit “B” attached hereto and/or any other documents as may be required by state law or the Recorder’s Office to perfect and record the Amended and Corrected Easement Deed and such other documents required to comply with the settlement agreement for the Litigation.

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