117
Item8.
Consulting Agreement (v2) - 5 - CAO:04/23/2024
9. A nti-Assignment Clause. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective. Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.
10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Ag reement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.
11. Independent Contractor . CON SULTANT is an independent contractor , and no agency or employment relationship is created by the execution of this Agreement.
12. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONSULTANT.
13. 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 CONSULTANT 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. Provisions Cumulative. The foregoing provisions are cumulative to, in addition to , and not in limitation of any other rights or remedies available to the CITY.
19. Notice. Any statements, communications , or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.
Resolution No. 2024-80
Exhibit "A"
118
Item8.
Consulting Agreement (v2) - 6 - CAO:04/23/2024
20. Business License. CONSULTANT 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.
21. Compliance with Laws , Permits, and Licenses. CONSULTANT 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. CONSULTANT shall obtain any and all permits, licenses, and other authorizations necessary to perform the S ervices.
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 CON SULTANT to comply with this section.
22. Prevailing Wages. If applicable, pursuant to California Labor Code section 1770 et seq ., CONSULTANT agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONSULTANT 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. The prevailing rate and scale to be paid shall be the same as the applicable “General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference . 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 CONSULTANT to comply with this section.
23. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONSULTANT represents and warrants that all of its employees and the employees of any subcontractor retained by CONSULTANT who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONSULTANT 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 Services. CONSULTANT agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.
24. 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)
Resolution No. 2024-80
Exhibit "A"
119
Item8.
Consulting Agreement (v2) - 7 - CAO:04/23/2024
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
James Walker
Date: __________________ ___________________________________ Signature
___________________________________
Name & Title (please print)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
B
Y: __________________________
D
ATE: __________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
Resolution No. 2024-80
Exhibit "A"
120
Item8.
Consulting Agreement (v2) - 8 - CAO:04/23/2024
ATTACHMENT “A”
Scope of Work
A. General
James Walker (“CONSULTANT”) shall provide consulting services related to automated fingerprint technologies for the City of Escondido Police Department (“CITY”).
B. Location
CONSULTANT to provide services at Police and Fire Headquarters located at 1163 N. Centre City Parkway, Escondido, CA 92026.
C. Services
CONSULTANT shall provide the following services:
1. The CONSULTANT shall provide training, troubleshoot, and act as field representative regarding the use of Livescan, Mobile ID, Rapid ID (for rapid identification of subjects at the jail) and the countywide Mugshot system for City Police Officers.
2. The CONSULTANT shall act in the capacity of liaison between CITY and 3M Cogent Systems (the vendor for the countywide Automated Fingerprint Identification System, “AFIS”);
3. The CONSULTANT shall expand the use of Mobile ID technology within the CITY.
Mobile ID technology enhances the officers' ability to positively identify subjects in the field through the use of a portable device that will search fingerprints in AFIS.
4. The CONSULTANT shall maintain and upgrade as necessary the Livescan instruments for digital collection of fingerprints from adult and juvenile subjects.
5. On a regional (countywide) basis, the CONSULTANT shall:
a. Act as liaison with the San Diego County Sheriff's Department Data Services Division on countywide law enforcement database issues; b. Train law enforcement agencies throughout the region on the use of Cal -ID equipment;
c. Act as liaison between the Cal-ID program and its sworn customers; d. Act as liaison between the Cal-ID program and California Department of Justice on issues regarding Livescan;
e. Act as liaison between the Cal-ID program and hardware and software vendors; f. Perform physical inventories of Cal-ID equipment for region; g. Arrange for transfer or disposal of Cal-ID equipment; h. Review Requests for Proposals for new Cal-ID equipment; i. Troubleshoot issues relating to AFIS, Livescan, Mobile ID and Rapid ID; j. Attend meetings relating to biometric identification; and k. Attend Cal-ID staff meetings.
D. Scheduling
CONSULTANT to schedule specific dates of work in advance by contacting Sergeant Kyle Beierly at 760-839-4722 or [email protected]
.
E. Contract Price and Payment Terms
CITY will compensate CONSULTANT a total payment not to exceed the amount of $494,176 for the five-year Agreement. The payment for Fiscal Year 2024-2025 will be $91,030. The Cal- ID/RAN Board will be provided the known compensation increases annually during the term of the Agreement, at the discretion of the County of San Diego.
Resolution No. 2024-80
Exhibit "A"
121
Item8.
Consulting Agreement (v2) - 9 - CAO:04/23/2024
• July 1, 2025 through June 30, 2026: 2.75% of annual contract, totalling $93,534; • July 1, 2026 through June 30, 2027: at the County’s Discretion, compensation for services during the 2026-2027 Fiscal Year shall not exceed 5% increase from the prior fiscal year; • July 1, 2027 through June 30, 2028: at the County’s Discretion, compensation for services during the 2026-2027 Fiscal Year shall not exceed 5% increase from the prior fiscal year ; and
• July 1, 2028 through June 30, 2029: at the County’s Discretion, compensation for services during the 2026-2027 Fiscal Year shall not exceed 5% increase from the prior fiscal year.
Payment to CONSULTANT will be processed 30 days from receipt of monthly invoice. Each invoice shall list CONSULTANT’S name, address, phone number, invoice number, amount to be paid, and descriptions of services rendered. Payment to CONSULTANT is dependent of continued funding by the San Diego County Sherriff’s Department from funding by the State of California pursuant to California Vehicle Code 92050.19.
F. Term
The term of this agreement will be in effect for a period of five years , commencing on the Effective Date through June 30, 2029. Services provided under this Agreement shall commence on July 1, 2024.
G. Other
The County of San Diego by and through the San Diego County Sheriff’s Department shall:
Provide funding from the San Diego County Sheriff’s Fingerprint ID Trust Fund to reimburse the actual cost of the contract for one Regional Contract Cal -ID Specialist for the term of this Agreement. Reimbursement to the CITY dependent on continuing receipt of funding from the State of California pursuant to California Vehicle Code 9250.19.
Resolution No. 2024-80
Exhibit "A"
122
Item8.
Consulting Agreement (v2) - 10 - CAO:04/23/2024
ATTACHMENT “B”
Personnel List
Pursuant to Section 4 of the Agreement, CONSULTANT shall only assign performance of Services to persons listed below.
1. N/A
CONSULTANT shall not add or remove persons from this Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.
Acknowledged by:
Date: __________________ ___________________________________ James Walker, Consultant
Resolution No. 2024-80
Exhibit "A"
123
Item8.
/i255
/1/2 /3 /4 /5 /6 /i255/7/3 /8 /2 /9 /6/10/5/11 /6 /i255 /12/5 /13 /2 /5 /9 /6/i255
/i255
/i255
/14 /15 /16 /17 /18 /19 /20/15 /21 /19 /22/i255/24 /25 /26 /27 /28 /15 /i255 /14 /15 /16 /17 /18 /19/20/15/21 /19 /i255 /i255 /i255 /30 /31 /32 /i255 /30 /33 /34 /35 /34 /36 /37 /i255 /38 /39 /37 /i255/40/34/41 /42/i255 /i255
/43 /44 /i255 /45 /i255 /i255 /i255 /47 /47 /47 /47 /47 /47 /47 /47 /47 /47 /47 /47 /i255 /i255
/30 /33 /39 /36 /35 /41 /i255 /48 /37 /35 /32 /i255 /i255 /i255 /47 /47 /47 /47 /47 /47 /47 /47/i255 /14 /15 /16 /17 /18 /19 /20/15 /21 /19 /i255 /49 /25 /21 /19 /17 /28 /19 /22/i255/50 /17 /18 /51 /17 /18 /17 /i255/52/17/18 /53 /15 /19 /19 /i255 /49 /27 /19 /54 /i255 /49 /25 /55/21 /28 /27 /26 /i255/52/15/15 /19 /27 /21 /56 /i255 /14 /17 /19 /15 /22 /i255 /57 /58 /59 /59 /58 /60 /61 /i255/63 /59 /58 /64 /64 /i255 /65 /66 /67 /68 /65 /59 /69 /i255/70 /55 /21 /15 /i255 /71 /72 /73 /i255 /71 /74 /71 /75 /i255 /5 /76 /77 /78 /7 /11 /7/6 /79 /80 /11 /i255 /80 /81 /i255 /12 /5 /13 /2 /5 /9 /6 /i255 /82 /83 /84 /85 /86/87 /i255 /88 /84 /89 /83 /90 /87/91/86/92 /87 /90 /i255 /88 /93 /86 /i255 /92 /86 /86 /84 /86 /84 /i255 /87 /94 /i255 /93 /86 /95 /86 /96 /97 /86 /i255 /85 /93 /88 /92 /87 /i255 /98 /83 /92 /84 /90 /i255 /88 /92 /84 /i255 /86 /90 /87 /88 /99 /100 /96 /90 /101 /i255 /88 /i255 /90 /102 /86 /92 /84 /96 /92 /85 /i255 /88 /95 /95 /94 /83 /92 /87 /i255 /98 /94 /93 /i255 /86 /103 /102 /86 /92 /90/86 /90 /i255 /93 /86 /100 /88 /87 /86 /84/i255 /87 /94 /i255 /87 /101 /86 /i255 /104 /105 /i255 /106 /107 /106 /108 /109 /106 /107 /106 /110 /i255 /111 /112 /113 /114 /115 /i255/116/93/88 /92 /87 /i255 /117 /102 /86 /95 /96 /88 /100 /96 /90 /87 /i255 /118 /88/91/86/90 /i255/119/88/100 /120 /86 /93 /121 /i255 /122 /123 /15 /124 /55 /15 /125 /19/i255 /16 /18 /25 /126 /15 /28 /19 /127 /i255 /49 /128 /129 /14 /130 /131 /132 /i255 /i255
/1 /2 /3 /4 /5 /6 /i255/7 /3 /8 /2 /9 /6/10/5/11 /6 /i255 /79 /11 /81 /80 /12/10/7/6 /79 /80 /11 /i255 /77 /133 /134 /135 /136/137 /138 /139 /7 /137 /137 /134 /140 /141 /138 /i255 /3 /136 /142 /137 /133 /143 /144 /138 /143 /134 /141 /i255/7 /137 /137 /134 /140 /141 /138 /i255 /11 /140/145/146/136 /133 /i255 /7/145/134/140 /141 /138 /i255 /134 /147 /i255
/79 /141 /137 /133 /136 /148 /142 /136 /i255
/7/145/134/140 /141/138 /i255 /134 /147 /i255
/3 /136 /137 /133 /136 /148/142 /136 /i255
/123 /15 /149 /15 /21 /55 /15 /i255
/150 /151 /152 /153 /154 /150 /155 /151 /154 /141 /136/156/i255/144 /133 /134 /135 /136 /137 /138 /i255 /141 /140/145/146/136 /133 /i255 /i255/157 /150 /158 /150 /159 /151 /153 /160 /i255/i255 /24 /25 /26 /27 /28 /15 /i255 /161 /18 /17 /21 /19 /125 /i255 /i255 /150 /155 /151 /154 /141 /136/156/i255/144 /133 /134 /135 /136 /137 /138 /i255 /141 /140/145/146/136 /133/i255/157 /150 /158 /150 /159 /151 /153 /160/i255/i255 /i255 /i255 /i255 /i255
/i255/i255 /i255 /i255
/i255 /i255 /i255 /i255
/i255/i255 /i255 /i255
/i255
/7 /77 /77 /12 /80 /162 /7 /78 /9 /i255
/i255
/i255
/i255
/i255/i255 /i255
/i255
/i255
/i255
/3/5 /77 /7 /12 /6/10/5/11 /6 /i255 /163 /5 /7 /3 /i255/3 /7 /6 /5 /i255 /81 /79 /11 /7 /11 /164 /5 /i255/3 /7 /6 /5 /i255 /i255
/165 /166 /167 /168 /169 /170 /171 /172 /i255 /174 /172 /175 /176 /177 /166 /178 /176 /i255 /179 /165 /180 /i255 /181 /182 /183 /184 /185 /185 /181 /186 /187 /188 /189 /183 /190 /187 /191 /190 /183 /189 /187 /192 /193 /194 /188 /187 /184 /190 /186 /186 /183 /186 /182 /165 /174 /195 /183 /191 /196 /197 /198 /199 /197 /200 /201 /200 /202
/196 /197 /198 /199 /197 /200 /201 /200/202
Attachment "1"
124
Item8.
STAFF REPORT
June 26, 2024
File Number 0600-10; A-3518
SUBJECT
BID AWARD FOR RFB NO. 24-10 LIVE CHANNEL CATFISH
DEPARTMENT
Utilities
RECOMMENDATION
Request the City Council adopt Resolution No. 2024-81, authorizing the Mayor to execute, on behalf of the City of Escondido (“City”), a Public Services Agreement with Imperial Catfish for the purchase of Live Channel Catfish to stock Dixon Lake and Lake Wohlford (“Agreement”) in a n amount not to exceed $375,900.
Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works) Presenter: Brian Thill, Lakes and Open Space Manager
ESSENTIAL SERVICE – Yes, Maintenance of Parks facilities/Open Spaces COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido
FISCAL ANALYSIS
The Agreement amount is an estimated annual cost based on anticipated quantities of catfish needed for stocking Dixon Lake and Lake Wo hlford. Agreem ent renewal options are contingent upon budget appropriations and satisfactory performance by the contractor.
Agreement prices are firm for the first year. Any price increase under this Agreement renewal options are not to exceed five percent of the unit price per each renewal year, subject to approval by the City.
There are sufficient funds located in the Lakes Operating Budget 40070 (Dixon Lake) and 40074 (Lake Wohlford).
PREVIOUS ACTION
On May 25, 2020, Council adopted Resolution No. 2020 -33 accepting the lowest responsive bid from Imperial Catfish and authorizing the execution of a Purchase Contract (“Contract”) to purchase 14,000 pounds of live channel catfish with the option to renew the Contract on an annual basis no t to exceed a total of seven consecutive years.
125
Item9.
The contract guaranteed the first two years at a locked -in price with the option of five additional years with a locked-in price increase set at three percent year-over-year through June 30, 2028, contingent on the mutual agreement between the City and Imperial Catfish.
Due to inflation, Imperial Catfish opted not to renew after the last guaranteed contract period, 2022-2023, as a three percent price increase was insufficient given the average rate of inflation experienced in calendar year 2022 was eight percent. Imperial Catfish submitted an updated quote to City staff to stock 14,000 pounds of live channel catfish for the 2023-2024 fiscal year. A purchase order was submitted for the 2023-2024 fiscal year with the knowledge that City staff w ould be required to go to bid on a new multi-year contract starting in the fiscal year 2024-2025.
BACKGROUND
The City operates and maintains two lakes, Dixon Lake and Lake Wohlford. These lakes offer various activities including fishing. The City stocks catfish at its lakes during the summer months to offer year - round fishing activities. An agreement to purchase live channel catfish is necessary to stock fish at these lakes. Load sizes vary between 500 and 3,000 pounds per lake and delivery will be approximately twelve times during the summer fishing season, which runs from May through August. Quantities required during the renewal years may vary taking into consideration the City’s needs and budget appropriations.
On April 17, 2024, the Ci ty published a Request for Bids No. 24 -10 (“RFB 24 -10”) for the purchase and delivery of 14,000 pounds of live channel catfish for the 2024 -2025 fiscal year with the option to renew annually for four consecutive years. On May 23, 2024, the City Clerk hosted a formal bid opening for RFB 24-10 and received one responsive bid from Imperial Catfish for $4.85 per pound.
As per the requirements set forth on RFB 24-10, Imperial Catfish will guarantee the first year, 2024-25, at a per unit rate of $4.85 per pound. Upon completion of the initial contract term, and prior to commencement of the optional term of the contract, Imperial Catfish may request an increase in unit prices equal to the California Consumer Price Index (“CPI”) , upon 90 days advance written notice to the City.
Contract pricing shall be as follows:
Year Pounds % Increase Price Total
1 (guaranteed) 14,000 0 $4.85 $67,900
2 (optional) 14,000 5% $5.10 $71,400
3 (optional) 14,000 5% $5.36 $75,040
4 (optional) 14,000 5% $5.63 $78,820
126
Item9.
5 (optional) 14,000 5% $5.91 $82,740
TOTAL 5-YEAR CONTRACT PRICE $375,900
The apparent low bid received by Imperial Catfish has met all of RFB 24-10 bid requirements and has been deemed the lowest most responsive bid received. City staff recommends the award of RFB 24-10 to Imperial Catfish.
RESOLUTIONS
a. Resolution No. 2024-81
b. Resolution No. 2024-81 – Exhibit “A” – Public Services Agreement
127
Item9.
RESOLUTION NO. 2024-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF THE CITY, A PUBLIC
SERVICES AGREEMENT TO IMPERIAL CATFISH FOR THE
PURCHASE AND DELIVERY OF LIVE CHANNEL CATFISH
WHEREAS, sufficient funds are available in the Lakes Operating Budget 40070 (Dixon Lake) and 40074 (Lake Wohlford); and
WHEREAS, on May 25, 2020, Council adopted Resolution No. 2020 -33 accepting the lowest responsive bidder and authorizing the Mayor to execute a Purchasing Contract with Imperial Catfish effective June 24, 2020, through June 30, 2022, with the option to renew annually not to exceed seven consecutive years with a three percent price adjustment annually; and WHEREAS, upon completion of the 2021-2022 term, Imperial Catfish opted to not renew for the third optional year due to inflation rates; and
WHEREAS, Imperial Catfish submitted updated pricing for the 2023-2024 fiscal year; and WHEREAS, the City accepted the quote and placed a purc hase order for 14,000 pounds of live channel catfish for the 2023-2024 fiscal year; and
WHEREAS, on April 17, 2024 , the City duly published an invitation for unit price bids for live channel catfish, RFB No. 24-10; and
WHEREAS, on May 23, 2024, the City Clerk hosted a formal bid opening where one sealed bid was opened and evaluated; and
128
Item9.
WHEREAS, Imperial Catfish was determined to be the lowest responsive and responsible bidder that conformed to the City’s bid specification and requirements; and WHEREAS, Imperial Catfish has agreed to supply the City with live channel catfish at their unit bid price, with allowable increases for four additional one-year terms; and WHEREAS, the Director of Public Works recommends awarding the Public Services Agreement to Imperial Catfish effective July 1, 2024, through June 30, 2029, in an amount not to exceed $375,900, at a per unit rate of $4.85 per pound for the initial contract term; and WHEREAS, price increases under the contract renewal options are not to exceed five percent (5%) each renewal year, subject to approval by the City; and WHEREAS, the contractor renewal options are conditional upon budget approp riations and satisfactory performance by the contractor; and
WHEREAS, the contract amount is an estimated annual cost based on anticipated quantities; and WHEREAS, the City Council desires at the time and deems it to be in the best public interest to accept the recommendations of the Director of Public Works and award the bid to Imperial Catfish.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true and correct.
2. That the City Council determines the bid submission by Imperial Catfish to be the lowest lost responsive bid which conformed to the City’s bid specifications and requirements. 129
Item9.
3. That the City Council authorizes the bid award to Imperial Catfish for live channel catfish in the estimated amount not to exceed $375,900, on a per unit basis, which may vary for renewal periods based on the City’s needs and budget appropriations.
4. That the City Council authorizes the Mayor to execute, on behalf of the City, a Public Services Agreement with Imperial Catfish in substantially similar form to that which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.
130
Item9.
Resolution No. 2024-81
Exhibit “A”
Public Services Agreement (v2) - 1 - CAO: 04/23/2024
CITY OF ESCONDIDO
PUBLIC SERVICES AGREEMENT
This Public Services 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: Brian Thill
760-839-4240
("CITY")
And: IMPERIAL CATFISH, LLC
a California limited liability company
P.O. Box 188
Imperial, CA 92251
Attn: Craig Elliot
714-343-0728
("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 the Services 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. Description of Services. CONTRACTOR shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).
2. Compensation. In exchange for CONTRACTOR’s completion of the Services, the CITY shall pay, and CONTRACTOR sha ll accept in full, an amount not to exceed the sum of $375,900.
CONTRACTOR shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or service s without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONTRACTOR contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council.
131
Item9.
Resolution No. 2024-81
Exhibit “A”
Public Services Agreement (v2) - 2 - CAO: 04/23/2024
3. Performance. CONTRACTOR shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement . CONTRACTOR shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other informat ion furnished by CONTRACTOR pursuant to this Agreement, except that CONTRACTOR shall not be responsible for the accuracy of information supplied by the CITY.
4. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONTRACTOR with 10 days’ advance written notice. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONTRACTOR, then CONTRACTOR shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the Services.
5. City Property. All original documents, drawings, electronic media, and other materials prepared by CONTRACTOR pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CONTRACTOR for any other purpose without the CITY’s prior written consent.
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 Services, 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 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, b odily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (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), with limit s no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker's Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit s of no less than $1,000,000 per accident for bodily injury or disease.
(4) If CONTRACTOR maintains broader coverage and/ or higher limits than the minimums otherwise required by this Agreement , the CITY requires and shall be entit led 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) 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-: FSC VII, or as approved by the CITY.
(2) 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 132
Item9.
Resolution No. 2024-81
Exhibit “A”
Public Services Agreement (v2) - 3 - CAO: 04/23/2024
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 Automobil e Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) 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. (4) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONTRACTOR shall r equire and verify that all subcontractors maintain insurance meeting all the requirements stated in 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.
(6) 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 agrees to obtain any endorsement that may be nec essary 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 policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its agents, representatives, employees and subcontractors.
(7) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the i nsurance 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.
(8) 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 Insu rance 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 during 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 in 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 obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. 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 133
Item9.
Resolution No. 2024-81
Exhibit “A”
Public Services Agreement (v2) - 4 - CAO: 04/23/2024
be a material breach of this Agreement . In the event that CONTRACTOR fails to comply with any such insurance requirements 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, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalt ies, 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 (collect ively, “Claims”), of every nature caused by, arising out of, or in connection with CONTRACTOR’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY. b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall defend, indemnify, 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. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONTRACTOR in entering into this Agreement, CONTRACTOR shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective. Unless CONTRACTOR assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONTRACTOR shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.
9. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Ag reement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.
10. Independent Contractor . CONTRACTOR is an independent contractor , and no agency or employment relationship is created by the execution of this Agreement.
11. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONTRACTOR.
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 A greement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, wri tten 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. 134
Item9.
Resolution No. 2024-81
Exhibit “A”
Public Services Agreement (v2) - 5 - CAO: 04/23/2024
13. 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.
14. 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.
15. 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.
16. 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.
17. Provisions Cumulative . The foregoing provisions are cumulative to, in addition to , and not in limitation of any other rights or remedies available to the CITY.
18. Notice. Any statements, communications , or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CON TRACTOR shall promptly provide the other Party with notice of any changes to such contact information.
19. 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.
20. Compliance with Laws, Permits, and Licenses. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinance s, regulations, rules, and other legal requirements in effect during the term of this A greement. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the Services. 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 CONTRA CTOR to comply with this section.
21. Prevailing Wages . If applicable, 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. The prevailing rate and scale to be paid shall be the same as t he applicable “General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference . 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.
22. 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 employees of any subcontractor retained by CONTRACTOR who perform any of the Services under this Agreement, are and will be 135
Item9.
Resolution No. 2024-81
Exhibit “A”
Public Services Agreement (v2) - 6 - CAO: 04/23/2024
authorized to perform the Services 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 Services. CONTRACTOR agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.
23. 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.
IN WITNESS WHEREOF, th is Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:
CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White, Major
IMPERIAL CATFISH, LLC
Date: __________________ ___________________________________ Signature
___________________________________
Name & Title (please print)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
DATE: __________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
136
Item9.
Resolution No. 2024-81
Exhibit “A”
Public Services Agreement (v2) - 7 - CAO: 04/23/2024
ATTACHMENT “A”
Scope of Work
A. General
Imperial Catfish, LLC, a California limited liability company (“Contractor”) will provide the City of Escondido, a California municipal corporation (“City”) with live channel catfish services.
B. Location
Contractor will provide services at the City’s Dixon Lake facility located at 1700 La Honda Drive, Escondido, CA 92027, and Lake Wohlford facility located at 25453 Lake Wohlford Drive, Escondido, CA 92027.
C. Services
Services shall include per advertised RFB:
1. Freight and delivery of 14,000 pounds of live channel catfish to above listed City facilities
D. Scheduling
Contractor to schedule specific dates of work in advance by contacting either of the following;
1. Brian Thill at 760-839-4240, [email protected];
2. Greg Gould at 760-839-4019, [email protected]; or
3. Jim Dayberry at 760-839-6398, [email protected].
Work shall be performed in -between the hours of 7 a.m. and 4 p.m., Monday through Friday.
Further instructions will be provided upon scheduling.
E. Contract Price and Payment Terms
The contract price shall not exceed $375,900. The contract price includes all labor, materials, equipment, and transportation required to perform the work. Services will be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.
The following service rates shall remain firm throughout the term of this Agreement:
Year Pounds % Increase Price Total
1 (guaranteed) 14,000 0 $4.85 $67,900
2 (optional) 14,000 5% $5.10 $71,400
3 (optional) 14,000 5% $5.36 $75,040
4 (optional) 14,000 5% $5.63 $78,820
5 (optional) 14,000 5% $5.91 $82,740
TOTAL 5-YEAR CONTRACT PRICE $375,900
137
Item9.
Resolution No. 2024-81
Exhibit “A”
Public Services Agreement (v2) - 8 - CAO: 04/23/2024
F. Term
The term of this Agreement shall be from the Effective Date of the Agreement through June 30, 2029.
138
Item9.
STAFF REPORT
June 26, 2024
File Number 0697-20-10302
SUBJECT
SHORT-FORM RENT INCREASE APPLICATION FOR WESTWINDS MOBILEHOME PARK (FILE NO. 0697-20- 10302)
DEPARTMENT
Community Development; Housing & Neighborhood Services Division
RECOMMENDATION
Request the City Council hold a public hearing to review and consider Westwinds Mobilehome Park Short-Form Application and adopt Resolution No. RRB 2024-61.
Staff Recommendation: Approval (Development Services: Chris Mckinney, Deputy City Manager/Interin Director of Development Services)
Presenter: Danielle Lopez, Housing and Neighborhood Services Manager ESSENTIAL SERVICE – NO
COUNCIL PRIORITY –
FISCAL ANALYSIS
Staff time and resources were expended to process the short -form application. Staff reviewed the application, evaluated the mobilehome park for code enforcement violations, and conducted public outreach with the affected park residents, park manager and ow ners. No additional fiscal impact was incurred by the City.
PREVIOUS ACTION
On June 14, 2023, a short-form application was considered and approved. An increase of 6.56 percent was approved, resulting in an average space increase of $36.09 per space, per month.
BACKGROUND
On June 8, 1988, the Escondido residents voted to approve Proposition K to enact Mobilehome Rent Control in the City of Escondido (“City”). Under Proposition K, if a park owner wants to increase the rent on a mobilehome rent control space, they must file an application with the City and obtain approval from the Mobilehome Park Rent Review Board (“Board”). This Board is an independent body comprised of the City of Escondido Councilmembers.
139
Item10.
In 1997, the Board adopted chang es to the Mobilehome Rent Review Board Guidelines to allow for the acceptance of a “short -form” application. The short -form is an abbreviated and less administrative burdensome application process for park owners and City staff. A park owner can request a rent increase based solely on the change in the San Diego Metropolitan Area’s Consumer Price Index (“CPI”), All Items/All Urban Consumers component since the last increase was granted by the Board. The requested increase may not exceed ninety percent (90%) of the increase in CPI since the last application was granted by the Board, or 8 percent, whichever is less, subject to a two-year limit. Park owners are allowed to apply one-year from the date the last application was deemed complete.
Westwinds Mobilehome Park (“Westwinds”) is an all -age park, located at 1415 South Pine Street. The Park has a total of 66 spaces, of which eight spaces are subject to rent control. The Park is requesting an increase for the eight rent-controlled spaces. The amenities available for the residents include a furnished clubhouse, a pool, restrooms and laundry facilities.
Westwinds submitted a short -form application on April 26, 2024 . (Attachment “1”). City staff reviewed the application and deemed it to be complete on May 15, 2024. City staff mailed a letter, written in both English and Spanish, on May 20, 2024, notifying the affected park residents of the application and proposed rent increase, upcoming residential meeting, and public hearing date (Attachment “2”).
Westwinds short-form application was available for public review at the Park office, and the Housing & Neighborhood Services Division counter at City Hall.
Housing & Neighborhood Services and Code Compliance staff facilitated an in -person meeting for the affected residents on June 3, 2024, at 6: 00 p.m. Code Compliance conducted a lighting inspection that same evening, and completed an inspection of the common areas on June 4, 2024.
City staff mailed a 10 -day notice written in both English and Spanish to residents on June 14, 2024, reminding them of the June 26, 2024 City Council Meeting (Attachment “4”).
THE RENT INCREASE APPLICATION:
The application meets all the eligibility criteria for submittal of a short-form rent increase.
PARK OWNER’S REQUEST:
Westwinds is requesting an increase of 90 percent of the change in CPI for the period of December 2022, to December 2023. A park is allowed to request up to 90 percent of the current CPI. Under Section 12(E) of the Guidelines, it states, “ The Board must presume tha t up to ninety percent (90%) of the Consumer Price Index is a fair, just, and reasonable rent increase. However, the Board may consider any of the other Ordinance factors at the request of either the park owner or the affected residents in determining that a lesser increase is fair, just, and reasonable.” These factors are referenced in Chapter 29, Article 5, Section 140
Item10.
29-104(g) of the Escondido Municipal Code. Ninety percent of the change in the CPI is 4.275 percent for the period of consideration. Currently, the average monthly rent for the residents that are affected by this application is $586.26. The average monthly increase requested for the eight spaces is $25.06 per space, per month. This increase ranges from to $16.27 - $34.45 per space, per month.
RESIDENT MEETING AND COMMENTS:
All residents affected by this request were invited to attend a meeting at their clubhouse on June 3, 2024, at 6:00 p.m. No residents attended the meeting and no resident representative was identified.
CODE COMPLIANCE INSPECTION:
On June 3, 2024, a lighting inspection was performed by the Code Compliance Division where two lighting violations were identified. On June 4, an inspection of the common areas was conducted by the Code Compliance Division, Housing and Neighborhood Services Staff, and Park Management. One general park violation was identified. There was a broken water valve in the men’s restroom.
A notice was mailed to the park manager and owner informing them of the violations. (Attachment “3”).
A reinspection was conducted and as of March 12, 2024, all violations were corrected (Attachment “5”).
According to the Mobilehome Rent Review Board Guidelines, no increase granted for any park shall go into effect until any existing code violations are corrected.
ADDITIONAL FACTORS AFFECTING THE APPLICATION:
In conformance with the Rent Review Board Guidelines, the decision of the Board will be finalized by adoption of the Resolution confirming the findings of the Public Hearing. The Notice of Determination will be mailed to the applicant and residents immediately upon adoption of the Resolution. Park owners and management must give a 90 -day notice of any rent increase to affected residents upon the adoption of the Resolution.
RESOLUTIONS
a. Resolution No. RRB 2024-61
ATTACHMENTS
a. Attachment “1”-Westwinds Mobilehome Park Application b. Attachment “2”-Resident Short-Form Letter Notification c. Attachment “3”-Code Inspection
d. Attachment “4”-10-Day Public Hearing Notice
e. Attachment “5”-Code Letter Clearing Violations
141
Item10.
Attachment "1"
142
Item10.
Attachment "1"
143
Item10.
Attachment "1"
144
Item10.
Attachment "1"
145
Item10.
Attachment "1"
146
Item10.
Housing & Neighborhood Services Division
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841
www.escondido.org/housing-and-neighborhood-
services
May 20, 2024
Re: Short-form Rent Increase Application Submitted by Westwinds Mobilehome Park Dear Resident:
A short-form application for a rent increase for your Park has been received and determined to be complete.
This letter is to inform you about:
1) RESIDENT MEETING
• Date: Monday, June 3rd, at 6:00 p.m.
• Location: Park Clubhouse
• Purpose: To discuss the short-form hearing process, answer any questions, and select a resident representative.
• Spanish translation will be provided
2) RENT REVIEW BOARD HEARING
• Date: June 26th, at 5 p.m.
• Location: City Council Chambers, 201 North Broadway, Escondido, CA 92025 3) HOW THIS MAY IMPACT YOU
• The Park is requesting a 4.275% increase
• Average Increase per space per month: $25.06
• Average Rent for rent controlled spaces after the increase: $611.32 4) WHERE TO RECEIVE MORE INFORMATION
• Attend the resident meeting on June 3, at 6:00 p.m.
• The application is available on the city’s website, at your park’s office and at the Housing and Neighborhood Services Division counter at City Hall during normal business hours.
Monday – Friday 8 a.m. – 5 p.m.
• Please provide any written comments within 30-days
• Contact Danielle Lopez at (760) 839-4518 or [email protected] Sincerely,
Danielle Lopez
Housing and Neighborhood Services Manager
Attachment "2"
147
Item10.
Housing & Neighborhood Services Division
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841
www.escondido.org/housing-and-neighborhood-
services
20 de Mayo del 2024
Re: Solicitud Abreviada para un Aumento de Renta presentada por Westwinds Mobilehome Park Estimado Residente:
Una solicitud abreviada para un aumento de rentas para su Parque ha sido revisada y determinada ser completa.
Esta carta es para infórmale de:
1) JUNTA DE RESIDENTES
• Fecha = 3 de Junio, a las 6:30pm
• Locación = Clubhouse de su parque
• Propósito = Para discutir el proceso de la audiencia de la solicitud abreviada, contestar cualquier pregunta y seleccionar un residente representante. 2) AUDIENCIA DE COMISIÓN DE EVALUADORES DE RENTA
• Fecha = 26 de Junio, a las 5pm
• Locación = En la Sala Consistorial del Municipio (City Council Chambers), 201 North Broadway, Escondido, CA 92025
3) COMO ESTO LE PUEDE AFECTAR A USTED
• El parque está solicitando un aumento de 4.275%
• Aumento promedio por espacio por mes = $25.06
• Renta promedia para espacios de renta controlado = $611.32 4) DONDE PUEDE RECIBIR MÁS INFORMATION
• Asistir la junta de residentes el 3 de Junio a las 6pm • Solicitud disponible en línea, en la oficina del parque y en el mostrador de la División de Vivienda y Servicios al Vecindario del Ayuntamiento, de lunes a viernes, de 8 am a 5 pm. • Por favor, proporciona cualquier comentario por escrito dentro de los próximos 30 días. • Contacte a Danielle Lopez at (760) 839-4518 or [email protected] Sinceramente,
Danielle Lopez
Housing and Neighborhood Services Manager
Attachment "2"
148
Item10.
Attachment "3"
149
Item10.
Attachment "3"
150
Item10.
Attachment "3"
151
Item10.
Housing & Neighborhood Services
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841
June 14, 2024
Park Resident,
RESIDENT NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Escondido, sitting as the Mobilehome Rent Review Board, will hold a public hearing to consider the following item:
A short-form rental increase application for Westwinds Mobilehome Park A copy of the application is available for review at Greencrest Mobilehome Park Office or the Housing & Neighborhood Services Division at City Hall, 201 N. Broadway. A copy of the staff report will be available at the Housing counter five days prior to the hearing date.
A public hearing is s cheduled for June 26, 2024, at 5 p.m . in the City Council Chambers, 201 N.
Broadway, Escondido, CA 92025 to determine whether or not a rent increase will be granted for your park.
If you are protesting the short -form application, you should register in the foyer prior to the opening of the public hearing. The purpose of the hearing is for the Rent Review Board to obtain input from the owner and tenants about why an increase should or should not be granted. If you challenge the decision of the Board in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Rent Review Board at or prior to the public hearing.
You may also submit you r feedback to Danielle Lopez at [email protected] or call 760 -839-4518 and this information will be included in the City Council presentation.
At the hearing, the Rent Review Board may make a determination about the rent increase or they may request additional information from the owner or tenants. If additional information is requested, a new hearing will be scheduled. If an increase is granted, the owner must notify you in writing of the amount of the increase at least (90) days before the increase goes into effect.
Sincerely,
Danielle Lopez
Danielle Lopez
Housing & Neighborhood Services Manager
Attachment "4"
152
Item10.
División de Vivienda y Servicios a Vecindarios
201 North Broadway, Escondido, CA 92025
Teléfono 760-839-4841
14 de junio de 2024
Residente del parque,
AVISO PARA RESIDENTES DE AUDIENCIA PÚBLICA
POR LA P RESENTE SE NOTIFICA que el Concejo Municipal de la Ciudad de Escondido, siendo la Comisión Evaluadora que Revisan las Rentas de Casas Móviles, tendrá una audiencia pública para considerar el siguiente punto:
La solicitud abreviada de aumento de renta para Westwinds Mobilehome Park
Una copia de la aplicación está disponible para revisión en la oficina de Westwinds Mobilehome Park o División de Vivienda y Servic ios al Vecindario en el Ayuntamiento, 201 N. Broadway. Una copia del reporte del personal estará disponible en el mostrador de la División de Vivienda cinco días antes de la fecha de la audiencia.
Una audiencia pública está programada para el 26 de junio de 2024 a las 5 p.m. en la Sala Consistorial del Concejo Municipal, 201 N. Broadway, Escondido, CA 92025 para determinar si se otor gará o no un aumento de renta para su parque.
Si usted está protestan do esta solicitud abreviada , debe registrarse en el vestíbulo antes de que comience la audiencia pública. El propósito de la audiencia es que el Comité de Revisión de Rentas obtenga información del propietario y los inquilinos sobre por qué se debe o no s e debe otorg ar u n aumento. Si impugna la decisión de la Comisión Evaluadora ante la corte, puede quedar limitado a proponer solo aquellos asuntos que usted u otra persona haya propuesto en la audiencia pública descrita en este aviso, o en la correspondenci a escrita en tregada al Comité de Revisión de Rentas durante o antes de la audiencia pública.
También puede enviar sus comentarios a Danielle Lopez a [email protected] o llamar al 760-839- 4518 y está información se incluirá en la presentación al Concejo Municipal.
En la audiencia, el Comité de Revisión de Rentas puede tomar una determinación sobre el aumento de renta o pueden solicitar información adicional del propietario y / o inquilinos a ntes de tomar una decisión.
Si se solicita información adicional, se programará una nueva audiencia. Si se concede un aumento, el propietario debe notificarle por escrito de la cantidad del aumento al menos (90) días antes de que el aumento entre en vigencia.
Sinceramente,
Danielle Lopez
Danielle Lopez,
Gerente de Vivienda y Servicios al Vecindario
Attachment "4"
153
Item10.
Attachment "5"
154
Item10.
RESOLUTION NO. RRB-2024-61
A RESOLUTION OF THE CITY COUNCIL/ MOBILEHOME
RENT REVIEW BOARD OF THE C ITY OF ESCONDIDO,
CALIFORNIA AUTHORIZING A RENT INCREASE FOR
WESTWINDS MOBILEHOME PARK
WHEREAS, Article V of Chapter 29 of the Escondido Municipal Code is a codification of the Escondido Mobilehome Rent Protection Ordinance ("Ordinance") and provides for mobilehome space rent regulation; and
WHEREAS, the City of Escondido Mobilehome Park Rental Review Board ("Board") is charged with the responsibility of considering applications for rent increases; and WHEREAS, a short-form rent increase application pursuant to Section 12 of the Rent Review Board Guidelines was filed on April 26, 2024 (“Application”) by Westwinds Mobilehome Park LLC, the owner of the rental spaces in Westwinds Mobilehome Park (“Park”), an all-age park located at 1415 S Pine Street, Escondido; and
WHEREAS, the Application was deemed complete by City staff on May 15, 2024; and WHEREAS, the last rent increase was granted by the Rent Review Board on June 14, 2023, for an increase of 6.56 percent which amounted to an average increase of $36.09 per space, per month; and WHEREAS, the average monthly rent per affected space was $586.26 for the eight spaces requested for a rent increase. The Park reques ted an increase of 4.27 percent, resulting in an average increase of $25.06 per space, per month; and
WHEREAS, a notice of the Park's application was mailed to all affected homeowners on May 20, 2024 and a 10-day notice of the time, date, and place of the rent hearing before the Board was mailed to the Park and to all affected tenants on June 14, 2024; and 155
Item10.
WHEREAS, on June 3 and June 4, 2024, a Mobilehome Park Rent Review Code Compliance Inspection was completed. Two lighting violation and one general park violation were identified; and WHEREAS, on June 18, 2024, Code Compliance completed a reinspection and all violations were cleared; and
WHEREAS, on June 26, 2024, the Board held its public hearing. After an initial staff presentation, the Board invited testimony from Park ownership and other residents of the community at large; and WHEREAS, after all present had been given an opportun ity to speak, the hearing was closed.
Following an opportunity for discussion among the Board members, and clarifying questions to the parties and staff, the Board voted to grant a 4.275 percent increase, resulting in an average rent increase of $25.06 per space, per month, for the eight spaces.
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 finds that the Westwinds Mobilehome Park short-form application increase is consistent with the Guidelines, and approves the rent increase Application submitted by Westwinds Mobilehome Park, LLC.
156
Item10.
STAFF REPORT
June 26, 2024
File Number 0680-50
SUBJECT
CONSIDERATION AND INTRODUCTION OF ORDINANCE REGULATING ENCAMPMENTS ON PUBLIC
PROPERTY
DEPARTMENT
Development Services, City Attorney and Police Departments
RECOMMENDATION
Request the City Council introduce and adopt Ordinance No. 2024-06 repealing Escondido Municipal Code § 17-8 and enacting Escondido Municipal Code § § 17-8.1 through 17-8.7 relating to regulations of encampments on public property.
Staff Recommendation: Approval (City Attorney’s Office: Michael McGuinness, City Attorney)
Presenter: Michael McGuinness, City Attorney
ESSENTIAL SERVICE – Yes, Police Serv ices; Fire/EMS Services; Keep City Clean for Public Health and Safety; Land Use/Development; Clean Water; Sewer; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces
COUNCIL PRIORITY – Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development
FISCAL ANALYSIS
The net fiscal impact of the adoption of the Ordinance is currently unknown and dependent on factors such as the costs associated with increased citation and prosecution of violations of the new Ordinance; the costs of implementing the abatement notice, documentation and storage provisions; and the results from changes to homeless behavior creating a more inviting environment for existing and future businesses in Escondido and increased property values, if any.
PREVIOUS ACTION
The Ad-Hoc Subcommittee on Homelessness (“Subcommittee”) recommended the adoption by the full City Council of a Policy Statement on Homelessness (“Policy”). The City Council by majority vote adopted the Policy on February 28, 2024. Further, the Subcommittee unanimously recommends the adoption of proposed Ordinance No. 2024-06.
157
Item11.
BACKGROUND
Recent Case Law.
The increased presence of homeless encampments on public property has been difficult to effectively address over the past several years. The reasons for this proliferation over this time period are numerous and complex. At least one aggravating factor discouraging local agencies from directly and firmly responding to the problem is recent court decisions handed down by the United States Court of Appeals for the Ninth Circuit, hamstringing local agencies including Martin v. City of Boise, 920 F. 3d 584 (9th Cir. 2019) (“Martin”) and Johnson v. City of Gran t’s Pass, 72 F.4 th 868 (9 th Cir. 2023) (amended opinion and order denying rehearing) (“Grant’s Pass”). The Martin and Grant’s Pass decisions of the Ninth Circuit, the largest U.S federal court of appeal circuit in the United States having jurisdiction over nine western states and two territories, like all of its cases, govern the City of Escondido and all other cities in California.
The premise of these decisions is that enforcement of local ordinances prohibiting public camping by persons claiming to be, or who are in fact, homeless is that it is punishing the person for the status of being homeless in violation of the Eighth Amendment to the United States Constitution and past Supreme Court precedent . The Eighth Amendment , as applied to states and their political subdivisions by the Fourteenth Amendment, provides in relevant part that “cruel and unusual punishments” shall not be “inflicted.” The Court has relied on at least two United States Supreme Court cases to find that enforcement of commonplace restrictions on public camping constitutes cruel and unusual punishment because it punishes the status of the individual for being homeless. (Robinson v. California, 370 U.S. 660 (1962) (drug addiction is a status) and Powell v. Texas, 392 U.S. 514 (1968) (alcoholic punished for being drunk in public).
The Martin and Grant’s Pass decisions created confusion and a level of enforcement paralysis to cities trying to understand what may be permissible in enforcing straightforward laws prohibiting conduct, like camping, and not arresting someone based solely on their claimed status which was the reasoning of Robinson and Powell. The confusion was further exaggerated as Martin and Grant’s Pass required, as a predicate to enforcement of public camping laws, the availability of shelter beds for the individual such that he/she had a place to satisfy the human function of sleeping. While the decisions suggested that municipalities could still enforce reasonable time, place and manner restrictions (e.g. blocking access to a sidewalk), the lack of clarity in the decisions and aggre ssive and expensive lawsuits that have plagued municipalities has made that enforcement option less attractive and financially risky.
Unfortunately, the United States Supreme Court failed to take the Martin case for review when presented the opportunity and the confusion and resulting proliferation of homeless encampments beca me more pronounced. However, early this year, the Supreme Court accepted the Grant’s Pass case for review and oral argument on the case was heard in April 2024. As of the date of this Staff Report, a decision has not been delivered but it is expected before the close of the Court’s term at the end of June 2024. 158
Item11.
Ad Hoc Subcommittee Review.
Not knowing the outcome of the case, the Subcommittee sought recommendations to provide additional lawful enforcement tools for the Escondido Police Department in enforcing local laws to abate these clear and dangerous public nuisances and combatting the consequences of these encampments including the trash, pollutant discharges into sensitive habitats , and damaged property . The Subcommittee held meetings seeking to u nderstand the current legal guidelines and requirements for encampment abatements as well as learn how and whether other local agencies have enacted enforcement ordinances to be compliant with Martin and Grant’s Pass . The Subcommittee recommends the adoption of the proposed Ordinance to help take control of these encampments using lawful means.
Proposed Ordinance No. 2024-06.
From the Subcommittee process the City Attorney’s Office has drafted the proposed encampment abatement ordinance that conforms to the current law in California and under existing Ninth Circuit precedent. It emphasizes the protection of city assets such as waterways, parks and other p ublic spaces using reasonable time, place and manner restrictions. Additionally, the proposed ordinance establishes specific protocols for the encampment abatement process to ensure proper notice; it identifies the types of items that must be secured for later retrieval and those which may be destroyed; it provides for the level of documentation of items removed or destroyed; and it allows for reasonable retrieval of those items removed from an encampment. Finally, it allows for an expedited abatement process upon certain findings by the City Manager.
Should the law, after the decision in Grant’s Pass, become more restrictive of local control or allow for greater flexibility, the Ordinance can be revisited to modify and conform to the outcome of that decision.
The Ordinance accomplishes the above-described changes in four principle ways. First, the Ordinance, through its recitals and stated purpose in § 17-8.1, acknowledges both the need for protecting the life, health and safety of all people in the City, including those in encampments on public property, with the critical need to preserve and protect environmentally sensitive lands subject to pollutants, trash, damage and even arson. These factors inform and support the legality and reasonableness under existing law of enacting provisions for encampment clean -ups and abatements even when shelter bed s may not be available.
Second, it provides additional and updated definitions for the nature of the encampments and protected city property. See § 17-8.2. For example, it references the nature of the abatement process; the role of the City Manager and his designees in taking an active role in targeting certain encampments based on specific factors; and it defines the habitats such as open space, waterways and park space to clarify which areas the City desires to be better protected.
159
Item11.
Third, it makes clear that regardless of shelter availability , which was a critical condition precedent to public encampment enforcement under the Martin and Grant’s Pass cases, encampments in or on particular public lands are categorically illegal and may be abated without consideration of shelter availability. See § 17-8.3 (protection of waterways), § 17-8.4 (on any city property where there is created an immediate threat or unreasonable risk of harm to persons, public health and safety and a disruption to vital government services; or within 500 feet of schools, in signed prohibited areas, near transit hubs and park and open spaces where there is a substantial public health and safety risk).
Fourth, in § § 17-8.6 through 17-8.7, the Ordinance establishes a reasonable and lawful process for the 24-hour written notice of clean-up and abatement; documentation of the encampment, including personal property and belongings; and collection, storage, disposal, and retrieval of personal property found in encampments on public property. Further, with specific findings made by the City Manager , including regional public health risk advisements from the County of San Diego or other government authority, or where there is presented a “significant risk of property damage, bod ily injury or death,” an expedited 3- hour abatement process may be employed to remove the encampment off public property.
A violation of the Ordinance by maintaining an illegal encampment can be prosecuted as a misdemeanor with potential for fines and custody pursuant to the general provisions of the Escondido Municipal Code as well as specifically pursuant to § 17-8.5.
Conclusion.
There is no clear remedy for the complicated problem of homelessness generally and managing the evidence of such in homeless encampments on public property. The proposed Ordinance is a step towards providing the City Manager, through the police and public works departments primarily, an additional tool to more quickly and formally respond to encampments as they are becoming established on City property and to document , for the City’ s legal protection , the means employed to abate these areas.
ORDINANCES
a. Ordinance No. 2024-06
160
Item11.
ORDINANCE NO. 2024-06
AN ORDINANCE REPEALING SECTION 17-8 OF CHAPTER
17, ARTICLE 1, OF THE ESCONDIDO MUNICIPAL CODE
AND ADDING NEW SECTIONS 17-8.1 THROUGH 17 -8.7
TO CHAPTER 17, ARTICLE 1, RELATING TO REGULATING
ENCAMPMENTS ON PUBLIC PROPERTY
WHEREAS, the City of Escondido is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the City; and WHEREAS, the City Council of the City of Escondido (“City Council”) finds that certain public lands within the City's geographical boundaries pose significant health and safety hazards to people who make shelter or stay overnight in these areas; and
WHEREAS, the City Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity; and WHEREAS, the City Council is committed to protecting the rights of individuals who cannot obtain shelter and to treating their personal property with respect and consideration and therefore desires to update the Municipal Code to conform to current federal and state constitutional and statutory law; and WHEREAS, the City has adopted a Homeless Policy, which outlines the City’s considered approach to dealing compassionately and effectively with the myriad of issues surrounding homelessness; and WHEREAS, City streets, sidewalks, and parks are intended for safe and sanitary shared use by a diverse communi ty of users including businesses, government, and the general public for gathering, recreating, movement of people, maintenance, and cleaning, and are frequently used by people relying on a variety of mobility devices; and
161
Item11.
WHEREAS, the Council finds that c ertain public lands in the City pose a greater danger to the health and safety of people who may stay in those areas overnight, and to the general public, if used for sheltering, including near parks, schools, shelters, in open space and City waterways; and WHEREAS, there are significant adverse impacts caused by encampment activity concentrated around shelters provided to individuals and families experiencing homelessness, including predatory behavior and drug dealing , that undermines the community's effor ts to provide meaningful assistance and long-term solutions for people seeking reasonable support; and WHEREAS, people experiencing homelessness on City streets and in City parks have been exposed to illicit drug use, including but not limited to fentanyl, leading to exponential increases in the accidental deaths by overdose among people experiencing homelessness; and WHEREAS, the sustained presence of people in the City's open space and waterways within the City has created unsafe, unsanitary, unhealthy, a nd dangerous conditions including water pollution and frequent uncontained fires that threaten people living or using these areas, first responders, and the general public; and
WHEREAS, the Escondido Fire Department has had to respond to several vegetation fires in the City's open space areas which were suspected to have resulted from human activity; and WHEREAS, the City experiences extended periods of high temperatures with little or no precipitation and strong seasonal dry winds from the east ( i.e. Santa Ana winds) that can significantly increase the danger and spread of wildfires, adding to the severity of fires when they start; and WHEREAS, due to the high wildfire risk in the City as well as all of San Diego County, the City deems it to be in the best interests of public safety to address the potential for human- caused fires in areas that 162
Item11.
may be remote or unseen for lengthy periods of time allowing for the quick spread of fires imposing significant danger to life and property throughout the City; and WHEREAS, people sheltering along waterways within the City are at risk of experiencing flooding, vector-related disease and other health issues and these areas often contain sensitive environments at risk of significant damage by unregulated human activity; and WHEREAS, the City is obligated to protect public health and safety and its natural resources by maintaining clean, safe, and accessible City properties for all residents to enjoy, including parks, open space, and the public right of way; and
WHEREAS, to mitigate risks to the health and safety of its citizens and potential damage to environmentally sensitive lands, the City Council desires to adopt reasonable and objective time, place and manner regulations establishing locations where public camping an d the maintenance of an encampment is prohibited, regardless of the availability of shelter, due to the significant health and safety risk to those engaged in that activity, the general public, and the environment; and WHEREAS, it is the intent of this Ordinance to prohibit camping and maintenance of encampments within the City while encouraging people experiencing homelessness to use available low barrier shelters and access a variety of services available from the City and its partners; and WHEREAS, when abating any encampment, the City will provide written notice in advance of the clearing that explains when the encampment will be cleaned up and how an individual can reclaim items that are stored during the process; and
WHEREAS, the City will store any pe rsonal property that may belong to a person, has apparent utility in its current condition and can be safely retrieved from the site, but will not store property that is 163
Item11.
hazardous, practically un -storable, contraband, or listed on the City's current list o f common items regularly abandoned during the abatement process.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Escondido, as follows:
SECTION 1. That Section 17-8 of Chapter 17, Article 1, of the Escondido Municipal Code is hereby repealed in its entirety and replaced by Sections 17-8.1 through 17-8.7 to read as follows:
Section 17-8.1 Encampments on Public Property.
Purpose. The City Council of the City of Escondido finds that the City is committed to protecting the life, health, and safety of all people in the City and finds that certain public lands within the geographical boundaries of the City pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the City Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The City Council is committed to protecting the rights o f individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this Ordinance to set standards for the preservation and protection of human life, health, and safety ; to further the preser vation and protection of sensitive public lands to prevent destruction of these assets ; and to establish a process for the collection, storage, disposal, recycling, or reuse of personal property found in encampments on public property.
Section 17-8.2. Definitions.
For purposes of this Chapter, the following words, terms, and phrases shall be defined as follows:
Abatement means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment. 164
Item11.
Camp shall have the same meaning as provided for in Section 17-7 and shall not be construed to prohibit camping in public campgrounds under a permit authorized by other provisions of law or ordinance.
Camp paraphernalia means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, m attresses, couches, dressers, or other furniture.
City Manager as used herein shall mean the appointed City Manager for the City of Escondido and all persons designated and authorized by the City Manager to perform the activities required under this Ordinance including but not limited to all law enforcement and Public Works personnel.
Encampment means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampme nt includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
Open space means any undeveloped public property either primarily in its natural state, including canyons and unimproved waterways, or that is held out by the City or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.
Park means any public property, whether developed or undeveloped, held out by the City or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalks. The definition of park includes open space. 165
Item11.
Shelter means any facility where individuals or families experiencing homelessness can access beds and other services or an area designated by the City Manager for use by individuals or families experiencing homelessness.
Waterway means all or portions of the Escondido Creek, Kit Carson Creek, their tributaries and headwaters, and any other drainage channel or improved or unimproved watercourses, found on public property, within the boundaries of the City of Escondido.
Section 17-8.3. Protection of Waterways.
It is unlawful for any person to do any of the following:
(1) Build or erect a structure of any type within or along the banks of any waterway, or using or affixing any object to trees or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation,
(2) Move boulders, large rocks, or otherwise reconfigure the natural landscape or destroy vegetation, paved roads or paths created by the City in the waters of or along the banks of a waterway,
(3) Drive, park, or bring any shopping cart or wheeled vehicle along the banks of a waterway, except in places specifically provided and designated for such use, (4) Dig into or on the banks of a waterway, or
(5) Discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway.
(6) Nothing in this Section 17-8.3 is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and 166
Item11.
incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the City Manager or by any law, regulation, permit, order or other directive from a regulatory authority.
Section 17-8.4. Unauthorized Encampments on Public Property. (1) It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, park, open space, waterway, and banks of a waterway, unless specifically authorized by the City Manager. (2) It is unlawful for any person to camp or to maintain an encampment where such activity poses:
a. An immediate threat or an unreasonable risk of harm to any natural person, b. An immediate threat or an unreasonable risk of harm to public health or safety, or
c. Disruption to vital government services.
(3) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:
a. Within 500 feet of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education provided that signs are posted prohibiting camping that are clearly visible to pedestrians. School for purposes of this provision does not include a vocational or professional institution of higher education, including a community or junior college, college, or university, 167
Item11.
b. Within 500 feet of any shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians,
c. In any open space, waterway, or banks of a waterway, d. Within any transit hub, on any trolley platform, or along any trolley tracks provided that signs are posted prohibiting camping that are clearly visible to pedestrians, and
e. In any park or open space where the City Manager determines there is a substantial public health and safety risk and provided that signs are posted prohibiting camping that are clearly visible to pedestrians.
Section 17-8.5. Enforcement.
1) Violations of this Article may be prosecuted as misdemeanors subject to the fines and custody provisions in Escondido Municipal Code.
2) Violations of Section 17-8.4(2) are enforceable at all times regardless of shelter availability.
17-8.6. Abatement of Encampments, generally.
The City Manager may remove personal property, camp paraphernalia, and all other property, contraband, litter, and waste found at an encampment or at a location where a person is engaged in unlawful camping in compliance with the following procedures:
(1) Written Notice Required Prior to Abatement
a. A written Notice of Clean-Up will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean -up and giving a minimum of 24 hours for persons to remove their personal property. 168
Item11.
The written notice shall also include the following statement, which may be updated by the City Manager to provide accurate and relevant information:
You must remove your belongings from the site within 24 hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the City. The City will post an Impound Notice if belongings are stored during the clean-up process.
If you wish to minimize the risk of losing valued belongings, you should keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.
If you think your belongings were stored, you can claim them by following the directions on the Impound Notice after the cl ean-up is complete.
Information about how to claim your belongings is also available on the City's website.
b. Twenty-four hours after Notice has been posted, the City Manager may conduct the abatement of the site on the date posted on the Notice of Clean -Up. If abatement is delayed or rescheduled, the City Manager may conduct abatement within 48 hours of the posted Notice of Clean-Up without reposting a new Notice of Clean -Up. If abatement is delayed longer, the City Manager shall repost a Notice of Clean-Up with a new date.
(2) The City Manager shall follow these additional procedures when persons are present at an encampment during abatement:
a. When shelter is available, the City Manager shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The City Manager shall evaluate reasonable 169
Item11.
requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable and consistent with state and federal law.
b. Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site in a reasonable time period .
Personal property left behind will be deemed abandoned. c. Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken to the Escondido Police Department for impoundment in accordance with existing policy and procedure.
Where the owner of the items cannot be readily identified or discovered, the City Manager shall follow the abatement process in this Division. (3) Abatement Documentation. The City Manager shall document the abatement process by:
a. Photographing the site or encampment area before any abatement begins, b. If reasonably possible, and subject to health and safety considerations, open backpacks, purses, suitcases, and other small storage containers to determ ine whether they contain items eligible for storage,
c. If reasonably possible, document the items contained in bags or suitcases, d. Document all items to be stored, and
e. Document the site after abatement has concluded.
(4) Unclaimed items found in abatement shall be eligible for storage if:
a. Circumstances indicate that the item belongs to a person, b. The item has apparent utility in its current condition and circumstances, and 170
Item11.
c. The item can be safely retrieved from the site.
(5) An eligible item found during an abatement shall be put into storage, unless it meets one of the following disqualifying conditions:
a. Hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold, b. Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud,
c. Practically un-storable, due to large size, weight, or other similar characteristic, d. Contraband or stolen, or
e. Is on the City Manager's current list, published on the City's website, of common types of items that, in the experience of City staff, indiv iduals regularly abandon during abatement, and there is no contrary indication as to the specific item. (6) The City Manager shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be ke pt in storage at least 60 calendar days and then may be disposed of, recycled, or reused. (7) After abatement has concluded and when eligible items are collected and will be placed in storage, the City Manager shall post notices at the location of the abatemen t that includes information how a person can claim stored items. Information about retrieval of stored items shall also be available on the City's website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership.
Section 17-8.7. Expedited Abatement.
(1) In an expedited abatement, the City Manager shall follow the same abatement and storage procedures in Section 17-8.6, but shall post a Notice of Clean -Up giving a 171
Item11.
minimum of three hours for all persons to remove their personal property and may initiate such expedited abatement immediately after the expiration of the three-hour Notice.
(2) The City Manager shall prioritize and expedite the removal of an encampment if:
a. The City receives direction from County of San Diego or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or
b. The City Manager observes or reasonably suspects the encampment c reates a condition that presents a significant risk of property damage, bodily injury or death.
SECTION 2. That the City Council did hold a public hearing at a regularly scheduled and agendized meeting of the City Council of the City of Escondido noticed consistent with state law.
SECTION 3. That upon consideration of the Staff report, draft ordinance, and public comments, the City Council of the City of Escondido did find good cause to adopt the Ordinance.
SECTION 4. 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 independent provision and such holding shall not affect the validity of the remaining portions.
SECTION 5. That as of the effective date of this Ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
172
Item11.
SECTION 6. The City Council authorizes all subsequent action to b e taken by City Officials consistent with this Ordinance.
SECTION 7. That the City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code section 36933, and to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido.
SECTION 8. That this Ordinance shall take effect and be in force on the thirtieth d ay from and after its final passage.
173
Item11.
STAFF REPORT
June 26, 2024
File Number 0600-10; A-3519
SUBJECT
RATIFICATION OF LOCAL EMERGENCY PROCLAMATION AND APPROVE EMERGENCY REPAIRS OF THE
TRUNK SEWER MAIN PIPELINE
DEPARTMENT
Utilities Department
RECOMMENDATION
Request the City Council take the following action:
Adopt Resolution No. 2024-86, ratifying Proclamation No. 2024-02 by the Director of Emergency Services and declaring that pursuant to the California Public Contract Code and Escondido Municipal Code, the City Council affirms that a local emergency exists, it was appropriate for City staff to forego competitive bidding procedures , and to award a contract for emergency repairs of sections of the trunk sewer pipeline.
Staff Recommendation: Approval (Utilities: Angela Morrow, Director of Utilities) Presenter: Stephanie Roman, Principal Engineer
ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Sewer COUNCIL PRIORITY – Improve Public Safety
FISCAL ANALYSIS
Funding for the emergency trunk sewer main pipeline work is available in the Wastewater Enterprise Fund.
PREVIOUS ACTION
None
BACKGROUND
The existing sewer pipeline in North Hale Avenue is a 2 1-inch diameter reinforced concrete pipe which was installed in 19 60. This pipeline conveys raw sewage from approximately 30 percent of the City of Escondido to the Hale Avenue Resource Recovery Facility (“HARRF”). 174
Item12.
On Monday, June 17, 2024, as wastewater collection staff was performing routine closed-circuit television (“CCTV”) surveillance of the City’s trunk sewer main, it was discovered that the sewer pipeline has failed in multiple locations and has been identified to be severely deteriorated in other sections between Escondido Creek & North Date Street to East Pennsylvania Avenue & North Broadway ; totaling approximately 4,100 linear feet of affected pipeline. The Public Works Department has closed the bike path from North Fig Street to North Date Street , and has deto ured the public to the north side of the Escondido Creek.
On June 20, 2024, the City Manager, acting in his capacity as the Director of Emergency Services under Chapter 7 of the Escondido Municipal Code, proclaimed a local emergency via Proclamation No. 2024-02 thereby triggering the allowance for dispensing with competitive bidding procedures under state and local law to secure an immediate contract to expedite the containment and repair of the subject pipeline (see Attachment “1”).
Currently, wastewater c ontinues to flow through the failed trunk sewer pipeline sections; however, Utilities staff believes there is an imminent danger of the following: additional collapse of surrounding soil resulting in a sinkhole; further degradation of surrounding soil fall ing into the trunk sewer pipeline sections, creating a full obstruction of the trunk sewer pipeline and resulting in a sewer overflow; and that the existing voids could effect a parallel large diameter high pressure water distribution transmission main.
CCL Contracting, Inc. has the staff expertise and equipment to immediately mobilize to repair the trunk sewer pipeline on a time and materials basis. A Public Improvement Agreement is being executed with CCL Contracting, Inc., by the City Manager under the emergency proclamation pursuant to Chapter 7 of the Escondido Municipal Code.
Resolution No. 2024-86, which must be passed by a four-fifths vote pursuant to state law, also ratifies the Director’s Proclamation as required by the Municipal Code and supports the declaration that public interest and necessity demand the immediate expenditure of funds to safeguard life, health, and property.
RESOLUTIONS
a. Resolution No. 2024-86
ATTACHMENTS
a. Attachment “1” – Proclamation No. 2024-02
175
Item12.
RESOLUTION NO. 2024-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AFFIRMING THE
PROCLAMATION OF A LOCAL EMERGENCY BY THE
DIRECTOR OF EMERGENCY SERVICES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE, ON
BEHALF OF THE CITY, AN EMERGENCY REPAIR
CONTRACT OF THE SEWER PIPELINE.
WHEREAS, the City Council recognizes that multiple sections of the City’s trunk sewer pipeline between the Escondido Creek & North Date Street to East Pennsylvania Avenue & North Broadway , are at risk of imminent, catastrophic failure; and
WHEREAS, pursuant to Chapter 7 of the Escondido Municipal Code, the City Manager serves as the Director of Emergency Services Director and in that role is authorized to proclaim a local emergency and take such actions as are necessary to preserve life and property in the case of an emergency including but not limited to the execution of such contracts and the procurement of services necessary to respond to the emergency; and
WHEREAS, pursuant to Escondido Municipal Code §10 -80, in the case of public exigency or an emergency as defined in Government Code §8558, the City may dispense with competitive procurement for the purchase of goods and services for the duration of the exigency or emergency and such purchases may be made under the direction of the City Council or Director acting pursuant to a declared emergency or public exigency pursuant to Chapter 7 of the Escondido Municipal Code; and WHEREAS, the Director of Utilities, in consu ltation with the Director, has determined that the failure of the sewer pipeline constitutes an immediate risk to the health of the public and the continued 176
Item12.
services of the sewer system, requiring immediate action that will not permit delay that would result from a competitive bidding process; and
WHEREAS, pursuant to Chapter 7, the City Council must ratify the Director’s emergency proclamation within 7 days when not in session at the time of the emergency; and WHEREAS, the City Council finds that the Director on June 20, 2024, was authorized to and did in fact issue a Proclamation of Local Emergency, Proclamation No. 2024-02, of the existence or threatened existence of an emergency when the City Council was not in session; and WHEREAS, pursuant to the Pu blic Contract Code, the City Council must further review such emergency actions at its next regularly scheduled meeting and determine by a four -fifths vote there is a need to continue the action; and
WHEREAS, the City Council desires at this time and deems it to be in the best public interest to accept the recommendations of the Director of Utilities and affirm the Director’s emergency declaration.
WHEREAS, the City Council desires at this time and deems it to be in the best public interest to ratify the Director’s Proclamation of Local Emergency and further accept the recommendations of the Director of Emergency Services and Director of Utilities to engage in immediate contracting to secure the repair of the trunk sewer pipeline by dispensing with state and local law procurement requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
177
Item12.
2. That the Director of Emergency Services had authority to, and did in fact properly issue Proclamation No. 2024-02 on June 20, 2024, declaring a local emergency of the City of Escondido relating to its trunk sewer main pipeline pursuant to Chapter 7 of the Escondido Municipal Code and state law.
3. That the Mayor and City Council further accept the determination by the Director of Utilities that the failure of the sections of trunk sewer pipeline is a public health and safety emergency occurring while the City Council was not in session; that this emergency required immediate action in the procurement of a contractor to perform the necessary emergency work to abate the public health and safety conditions; that a delay caused by procurement through a competitive biddin g process would not be in the best interests of the public; and, that the proposed action and expenditure is necessary to respond to the emergency requiring immediate repair of the trunk sewer pipeline.
178
Item12.
WZK>Dd/KEEK͘ϮϬϮϰͲϬϮ
WZK>Dd/KE K&d,
/Z
dKZ K&
D
Z'
Ez
^
Zs/
^
>Z/E'>K>
D
Z'
EzWhZ^hEd
dK,Wd
ZϳK&d,
^KE/KDhE//W>K
t,
Z
^͕ ŝƚLJ ŽĨ
ƐĐŽŶĚŝĚŽ DƵŶŝĐŝƉĂů ŽĚĞ ŚĂƉƚĞƌ ϳ͕ ĂŶĚ ƐƉĞĐŝ ĨŝĐĂůůLJ ^ĞĐƚŝŽŶ ϳͲϲ;ĂͿ;ϭͿ͕ ĞŵƉŽǁĞƌƐƚŚĞŝƚLJDĂŶĂŐĞƌ͕ŝŶŚŝƐƌŽůĞĂƐƚŚĞŝƌĞĐƚŽƌŽĨ ŵĞƌŐ ĞŶĐLJ^ĞƌǀŝĐĞƐ;͞ŝƌĞĐƚŽƌ͟Ϳ͕ƚŽƉƌŽĐůĂŝŵ
ƚŚĞĞdžŝƐƚĞŶĐĞŽƌƚŚƌĞĂƚĞŶĞĚĞdžŝƐƚĞŶĐĞŽĨĂŶĞŵĞƌŐĞŶĐLJǁŚĞŶĐŽŶĚ ŝƚŝŽŶƐŽĨĚŝƐĂƐƚĞƌŽƌŝŵŵŝŶĞŶƚƌŝƐŬƚŽ ƚŚĞƐĂĨĞƚLJŽĨƉĞƌƐŽŶƐĂŶĚƉƌŽƉĞƌƚLJĞdžŝƐƚǁŝƚŚŝŶƚŚĞŝƚLJŽĨ ƐĐŽŶĚŝĚŽĂŶĚƚŚĞŝƚLJŽƵŶĐŝůŝƐŶŽƚŝŶƐĞƐƐŝŽŶ͖
ĂŶĚ
t,
Z
^͕ Ăƚ ƚŚĞ ƚŝŵĞ ŽĨ ƚŚŝƐ WƌŽĐůĂŵĂƚŝŽŶ͕ ƚŚĞ ŝƚLJ ŽƵŶĐŝů ŚĂ Ɛ ĂĚũŽƵƌŶĞĚ ƚŽ ƚŚĞŝƌ ƌĞŐƵůĂƌůLJ ƐĐŚĞĚƵůĞĚƐĞƐƐŝŽŶŶŽƚŝĐĞĚĨŽƌtĞĚŶĞƐĚĂLJ͕:ƵŶĞϮϲ͕ϮϬϮϰ͖ĂŶĚ t,
Z
^͕ĐŽŶĚŝƚŝŽŶƐŽĨĂĚŝƐĂƐƚĞƌĂŶĚŝŵŵŝŶĞŶƚƌŝƐŬƚŽƚŚĞƐĂĨĞƚLJŽĨƉĞƌƐŽŶƐĂŶĚƉƌŽƉĞƌƚLJŚĂǀĞ ĂƌŝƐĞŶǁŝƚŚŝŶƚŚĞŝƚLJŽĨ
ƐĐŽŶĚŝĚŽĂƐĂƌĞƐƵůƚŽĨtĂƐƚĞǁĂƚĞƌ ŽůůĞĐƚŝŽŶƐƚĂĨĨƉĞƌĨŽƌŵŝŶŐƌŽƵƚŝŶĞĐůŽƐĞĚͲ ĐŝƌĐƵŝƚ ƚĞůĞǀŝƐŝŽŶ ;͞ds͟Ϳ ƐƵƌǀĞŝůůĂŶĐĞ ŽĨ ƚŚĞ ŝƚLJ͛Ɛ ƐĞǁĞƌ ŵĂ ŝŶ ŽŶ DŽŶĚĂLJ͕ :ƵŶĞ ϭϳ͕ ϮϬϮϰ͕ ĂŶĚ ĚŝƐĐŽǀĞƌŝŶŐƚŚĂƚƚŚĞϮϭͲŝŶĐŚƚƌƵŶŬƐĞǁĞƌƉŝƉĞůŝŶĞƚŚĂƚĐĂƌƌŝĞƐĂƉƉƌŽdžŝŵĂƚĞůLJϯϬйŽĨƚŚĞŝƚLJ͛ƐǁĂƐƚĞǁĂƚĞƌ ĨůŽǁƐŚĂƐĨĂŝůĞĚŝŶŵƵůƚŝƉůĞůŽĐĂƚŝŽŶƐĂŶĚŚĂƐďĞĞŶŝĚĞŶƚŝĨŝĞĚƚŽďĞƐĞǀĞƌĞůLJĚĞƚĞƌŝŽƌĂƚĞĚŝŶŽƚŚĞƌƐĞĐƚŝŽŶƐ ďĞƚǁĞĞŶ
ƐĐŽŶĚŝĚŽƌĞĞŬΘEŽƌƚŚĂƚĞ^ƚƌĞĞƚƚŽ
ĂƐƚWĞŶŶƐLJůǀĂŶŝ ĂǀĞŶƵĞΘEŽƌƚŚƌŽĂĚǁĂLJ͕ĚŝƌĞĐƚůLJ
ĂĨĨĞĐƚŝŶŐƚŚĞƐĂĨĞƚLJŽĨƉĞƌƐŽŶƐĂŶĚƉƌŽƉĞƌƚLJǁŝƚŚŝŶƚŚŝƐŝƚLJ͖ĂŶĚ t,
Z
^͕ƚŚĞƐĞĞŵĞƌŐĞŶĐLJĐŽŶĚŝƚŝŽŶƐŚĂǀĞƌĞƐƵůƚĞĚŝŶĐůŽƐƵƌĞŽ ĨĂƉŽƌƚŝŽŶŽĨƚŚĞďŝŬĞƉĂƚŚĂŶĚ ŚĂƐĚĞƚŽƵƌĞĚƚŚĞƉƵďůŝĐƚŽƚŚĞŶŽƌƚŚƐŝĚĞŽĨƚŚĞ
ƐĐŽŶĚŝĚŽƌĞĞŬŝŶƚŚŝƐƐĞĐƚŝŽŶ͖ĂŶĚ
Doc ID: f99192a752ec178bbe10f6a33a02b739ac747f6b
Attachment "1"
179
Item12.
t,
Z
^͕ƚŚŽƵŐŚǁĂƐƚĞǁĂƚĞƌĐŽŶƚŝŶƵĞƐƚŽĐƵƌƌĞŶƚůLJĨůŽǁƚŚƌŽƵŐŚ ƚŚĞĨĂŝůĞĚ ĂŶĚĚĞƚĞƌŝŽƌĂƚĞĚ ƐĞĐƚŝŽŶƐ ŽĨ ƚŚĞ ƚƌƵŶŬ ƐĞǁĞƌ ƉŝƉĞůŝŶĞ͕ hƚŝůŝƚŝĞƐ ƐƚĂĨĨ ďĞůŝĞǀĞƐƚŚĞƌĞ ŝƐ ŝŵŵŝŶĞŶƚ ĚĂŶŐĞƌ ŽĨ͗ ϭͿ ĂĚĚŝƚŝŽŶĂů ĐŽůůĂƉƐĞŽĨƐƵƌƌŽƵŶĚŝŶŐƐŽŝůƌĞƐƵůƚŝŶŐŝŶĂƐŝŶŬŚŽůĞ͖ϮͿĨƵƌƚŚĞ ƌĚĞŐƌĂĚĂƚŝŽŶŽĨƐƵƌƌŽƵŶĚŝŶŐƐŽŝůĨĂůůŝŶŐŝŶƚŽ ƚŚĞĐŽůůĂƉƐĞĚƚƌƵŶŬƐĞǁĞƌƉŝƉĞůŝŶĞƐĞĐƚŝŽŶƐ͕ĐƌĞĂƚŝŶŐĂĨƵůůŽďƐƚƌƵĐƚŝŽŶŽĨƚŚĞƚƌƵŶŬƐĞǁĞƌƉŝƉĞůŝŶĞƐĞĐƚŝŽŶƐ ĂŶĚƌĞƐƵůƚŝŶŐŝŶĂƐĞǁĞƌŽǀĞƌĨůŽǁ͖ĂŶĚϯͿĞdžŝƐƚŝŶŐǀŽŝĚƐĞĨĨĞĐƚ ŝŶŐĂƉĂƌĂůůĞůůĂƌŐĞĚŝĂŵĞƚĞƌŚŝŐŚƉƌĞƐƐƵƌĞ ǁĂƚĞƌĚŝƐƚƌŝďƵƚŝŽŶƚƌĂŶƐŵŝƐƐŝŽŶŵĂŝŶ͖ĂŶĚ
t,
Z
^͕ ƚŚĞƐĞ ĞŵĞƌŐĞŶĐLJ ĐŽŶĚŝƚŝŽŶƐ ĂŶĚ ƚŚĞŝƌ ŝŵƉĂĐƚƐ ĂƌĞ ďĞLJŽŶ Ě ƚŚĞ ĐŽŶƚƌŽů ŽĨ ŝƚLJ ƌĞƐŽƵƌĐĞƐ͕ƐĞƌǀŝĐĞƐ͕ƉĞƌƐŽŶŶĞů͕ĞƋƵŝƉŵĞŶƚ͕ĂŶĚĨĂĐŝůŝƚŝĞƐ͖ĂŶĚ t,
Z
^͕ƚŚĞĐŝƌĐƵŵƐƚĂŶĐĞƐĂƌĞƐƚŝůůďĞŝŶŐĞǀĂůƵĂƚĞĚďƵƚ͕Ăƚƚ ŚŝƐƚŝŵĞ͕ďĂƐĞĚƵƉŽŶĂƌĞǀŝĞǁŽĨĂůů ĨĂĐƚƐŵĂĚĞŬŶŽǁŶƚŽƚŚĞŝƌĞĐƚŽƌ͕ƚŚĞƐĞĐŽŶĚŝƚŝŽŶƐǁĂƌƌĂŶƚĂŶĚ ŶĞĐĞƐƐŝƚĂƚĞƚŚĞWƌŽĐůĂŵĂƚŝŽŶŽĨĂ>ŽĐĂů
ŵĞƌŐĞŶĐLJĞĨĨĞĐƚŝǀĞĂƐŽĨƚŚĞĚĂƚĞŽĨƚŚŝƐWƌŽĐůĂŵĂƚŝŽŶ͘ EKt͕d,
Z
&KZ
͕/d/^,
Z
zWZK>/D
ďLJƚŚĞŝƌĞĐƚŽƌŽĨ
ŵĞƌŐĞŶĐLJ^ĞƌǀŝĐĞƐŽĨƚŚĞŝƚLJŽĨ
ƐĐŽŶĚŝĚŽ͕ĂůŝĨŽƌŶŝĂ͕ĂƐĨŽůůŽǁƐ͗
ϭ͘ dŚĂƚƚŚĞĂďŽǀĞƌĞĐŝƚĂƚŝŽŶƐĂƌĞƚƌƵĞ͘
Ϯ͘ dŚĂƚĂůŽĐĂůĞŵĞƌŐĞŶĐLJĐƵƌƌĞŶƚůLJĞdžŝƐƚƐǁŝƚŚŝŶƚŚĞŝƚLJŽĨ ƐĐŽŶĚŝĚŽ͕ĂŶĚŵĂLJŚĂǀĞĞdžŝƐƚĞĚ
ĂƐĞĂƌůLJĂƐDŽŶĚĂLJ͕:ƵŶĞϭϳ͕ϮϬϮϰ͕ďƵƚŵĂĚĞĐĞƌƚĂŝŶĂƐŽĨƚŚĞĚĂƚĞŽĨƚŚĞŝƐƐƵĂŶĐĞŽĨƚŚŝƐWƌŽĐůĂŵĂƚŝŽŶ͕ĚƵĞ ƚŽĨĂŝůƵƌĞĂŶĚĞdžƚƌĞŵĞĚĞƚĞƌŝŽƌĂƚŝŽŶŽĨƚŚĞŝƚLJ͛ƐƚƌƵŶŬƐĞǁĞƌŵĂŝŶƉŝƉĞůŝŶĞ͘ ϯ͘ dŚĂƚ ƚŚĞƐĞ ĞŵĞƌŐĞŶĐLJ ĐŽŶĚŝƚŝŽŶƐ ƌĞƋƵŝƌĞ ŝŵŵĞĚŝĂƚĞ ƌĞƉĂŝƌ ŽĨ ƚŚĞ ĨĂŝůĞĚ ĂŶĚ ƐĞǀĞƌĞůLJ ĚĞƚĞƌŝŽƌĂƚĞĚƚƌƵŶŬƐĞǁĞƌƉŝƉĞůŝŶĞƐĞĐƚŝŽŶƐ͕ĂŶĚĐŽŵƉůŝĂŶĐĞǁŝƚŚĐŽŵƉĞƚŝƚŝǀĞƉƌŽĐƵƌĞŵĞŶƚůĂǁƐƚŽƐĞĐƵƌĞĂ ĐŽŵƉĞƚĞŶƚĂŶĚĂǀĂŝůĂďůĞĐŽŶƚƌĂĐƚŽƌǁŝůůĚĞůĂLJƚŚĞŶĞĐĞƐƐĂƌLJƌĞƉĂŝƌƐ͕ƉůĂĐŝŶŐƐĂĨĞƚLJŽĨƉĞƌƐŽŶƐĂŶĚƉƌŽƉĞƌƚLJ ĂƚŝŵŵŝŶĞŶƚƌŝƐŬ͘
Doc ID: f99192a752ec178bbe10f6a33a02b739ac747f6b
Attachment "1"
180
Item12.
ϰ͘ dŚĂƚ ƐĂŝĚ ĞŵĞƌŐĞŶĐLJ ƉƌŽĐůĂŵĂƚŝŽŶ ƐŚĂůů ĞdžƉŝƌĞ ƐĞǀĞŶ ;ϳͿ ĚĂLJƐ ĂĨƚĞƌ ŝƐƐƵĂŶĐĞ ƵŶůĞƐƐ ĐŽŶĨŝƌŵĞĚĂŶĚƌĂƚŝĨŝĞĚďLJƚŚĞŝƚLJŽƵŶĐŝůŽĨƚŚĞŝƚLJŽĨ ƐĐŽŶĚŝĚŽ͘
ĂƚĞĚ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ LJ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺ ^ĞĂŶDĐ'ůLJŶŶ
ŝƚLJDĂŶĂŐĞƌĂŶĚ
ŝƌĞĐƚŽƌŽĨ
ŵĞƌŐĞŶĐLJ^ĞƌǀŝĐĞƐ
06 / 20 / 2024
Doc ID: f99192a752ec178bbe10f6a33a02b739ac747f6b
Attachment "1"
181
Item12.
KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP
7/3/2024 - NO MEETING (INDEPENDENCE DAY)
182
Item13.