Agenda packet — Escondido City Council, December 11, 2024

CITY of ESCONDIDO

Council Meeting Agenda
WEDNESDAY, DECEMBER 11, 2024
3:00 PM - Closed Session (Parkview Conference Room - CANCELLED) 4:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

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

MAYOR
Dane White

DEPUTY MAYOR
Christian Garcia (District 3)

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

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

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

In Person On TV Online

201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.gov

1 Wednesday, December 11, 2024

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

In Person In Writing

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

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

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

2 Wednesday, December 11, 2024

REGULAR SESSION
4:00 PM Regular Session

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

PRESENTATIONS
Presentation of Colors - Escondido Police and Fire Color Guard Moment of Reflection - City Clerk Zack Beck
Pledge of Allegiance - Councilmember Michael Morasco
National Anthem - Maya Jaimes,Tierra Caliente Academy of Art Choir Performance - Classical Academy High School Choir Poetry Reading
Art Dedication - Suzanne Nicolaisen

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is wit hin the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.

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

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

3 Wednesday, December 11, 2024

2. APPROVAL OF WARRANT REGISTER (COUNCIL)
Request approval for City Council and Housing Successor Agency warrant numbers:
 389404 – 389571 dated November 26, 2024
Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) ESSENTIAL SERVICE – Yes, Internal requirement per Municipal Code Section 10-49

3. APPROVAL OF MINUTES: Regular Meeting Minutes of December 4, 2024

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

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

5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, APPROVING A ZONE

MAP AMENDMENT, AND A MASTER PLAN AND PRECISE DEVELOPMENT PERMIT FOR ADOPTON OF A

PLANNED DEVELOPMENT ZONE
Request the City Council adopt Ordinance No. 2024 -16, approved December 4, 2024 with a vote of 4/1 (Martinez: No)
a) Ordinance No. 2024-16 (Second Reading and Adoption)

CURRENT BUSINESS

6. CERTIFICATION OF NOVEMBER 2024 GENERAL MUNICIPAL ELECTION RESULTS Request the City Council adopt Resolution No. 2024 -189 certifying the November 5, 2024, City of Escondido General Municipal results; adopt Ordinance No. 2024-08 establishing a local one-cent general transaction and use (sales) tax for twenty years, to be administered by the California Department of Tax and Fee Administration, including provisions for citizens’ oversight and accountability; adopt Resolution No. 2024-190 authorizing examination of Sales or Transactions and Use Tax records; adopt Resolution No. 2024-191 authorizing the Mayor to execute agreements with the California Department of Tax and Fee Administration for implementation of a local Transaction and Use Tax; and approve all other documents required by the California Department of Tax and Fee Administration for implementation of the transaction and use (sales) tax.

Staff Recommendation: Approval (City Clerk: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
4 Wednesday, December 11, 2024

ESSENTIAL SERVICE – Yes, Police Services; 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 Space
COUNCIL PRIORITY – Eliminate Structural Deficit; Impr ove Public Safety; Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development

7. PRESENTATION OF PLAQUE AND COMMENTS FROM COUNCILMEMBER MICHAEL MORASCO

8. OATH OF OFFICE AND COMMENTS FROM NEWLY ELECTED OFFICIALS

9. REVIEW AND UPDATE OF CITY COUNCIL INTERAGENCY AND SUBCOMMITTEE ASSIGNMENTS Request the City Council ratify members to serve on Interagency Boards and Council Subcommittees.

Staff Recommendation: Approval (City Clerk: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
ESSENTIAL SERVICE – (Yes) Police Services; Fire/EMS Servi ces; 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 – Eliminate Structural Deficit; Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development

10. APPOINTMENT OF DEPUTY MAYOR
Per Mayor White’s nomination, request the City Council appoint Councilmember Consue lo Martinez to serve as Deputy Mayor in accordance with Ordinance No. 2020-28.

Staff Recommendation: Approval (City Clerk: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
ESSENTIAL SERVICE – (Yes) Police Services; Fire/EMS Services; Keep City Clea n for Public Health and Safety; Land Use/Development; Clean Water; Sewer; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces
COUNCIL PRIORITY – Eliminate Structural Deficit; Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development

FUTURE AGENDA

11. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City 5 Wednesday, December 11, 2024

Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck)

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
CITY MANAGER’S WEEKLY ACTIVITY REPORT
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development. This report is also available on the City’s website, www.escondido.gov.

ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is within the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, January 8, 2025 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, January 15, 2025 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers

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

6 Consent Item No. 1 December 11, 2024

A F F I D A V I T S

I T E M

P O S T I N G - None

7 Item1.

STAFF REPORT

December 11, 2024
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER (COUNCIL)

DEPARTMENT
Finance

RECOMMENDATION
Request approval for City Council and Housing Successor Agency warrant numbers:
389404 – 389571 dated November 26, 2024
Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) ESSENTIAL SERVICE – Yes, Internal requirement per Municipal Code Section 10-49 COUNCIL PRIORITY –

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

November 21, 2024 – November 26, 2024 is $4,102,144.25

PREVIOUS ACTION
None

BACKGROUND

The Escondido Municipal Code Section 10-49 states that warrants or checks may be issued and paid prior to audit by the City Council, provided the warrants or checks are certified and approved by the Director of Finance as conforming to the current budget. These warrants or checks must then be ratified and approved by the City Council at the next regular Council meeting. 8 Item2.

December 4, 2024 Escondido City Council Minutes Page 1 of 12

CLOSED SESSION
4:00 PM

CALL TO ORDER

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

ORAL COMMUNICATIONS
None

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code § 54956.9(d)(1))

a. Dwight Ernest Samuels v. City of Escondido; Escondido Officers Hoppal, Montross and Feria United States District Court Case No. 24-CV-1392-LL (MSB)

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) a. Property: APN 2710301200 (Kit Carson Park)
b. Agency Negotiator: Sean McGlynn, City Manager, or designees c. Negotiating Party: The Rinks Foundation
d. Under Negotiation: Terms of Lease
a. Property: 340 N. Escondido Blvd., Escondido (California Center for the Arts, Escondido) b. Agency Negotiator: Sean McGlynn, City Manager, or designees c. Negotiating Party: California Center for the Arts, Escondido, Foundation d. Under Negotiation: Terms of Lease or Management Agreement

ADJOURNMENT
Mayor White adjourned the meeting at 4:57 p.m.

9 Item3.

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REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION
City Council agendas allow an opportunity for a moment of silence and reflection at the beginning of the evening meeting. The City does not participate in the selection of speakers for this portion of the agenda, and does not endorse or sanction any remarks made by individuals during this time. If you wish to be recognized during this portion of the agenda, please notify the City Clerk in advance.

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

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

PROCLAMATIONS
Retirement - Police Chief Ed Varso

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
Becky Rapp – Expressed concern regarding tobacco products online Jeff Bright – Expressed support for the California Center for the Arts Oliver Hammel – Expressed support for the California Center for the Arts Fernanda Flores – Expressed support for the California Center for the Arts Greg Swizodral – Expressed support for the California Center for the Arts James Lockhart – Expressed concern regarding safety at the intersection of Rock Springs and Lincoln

10 Item3.

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CONSENT CALENDAR
Motion to approve items 1-14: Morasco; Second: C. Garcia; Approved: 5-0

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

2. APPROVAL OF WARRANT REGISTER (COUNCIL)
Request approval for City Council and Housing Successor Agency warrant numbers:
389016 – 389178 dated November 13, 2024
389179 – 389403 dated November 20, 2024
Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance)
ESSENTIAL SERVICE – Internal requirement per Municipal Code Section 10-49 COUNCIL PRIORITY –

3. APPROVAL OF MINUTES: Regular Meeting Minutes of November 20, 2024

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. CONTINUING THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN Request the City Council adopt Resolution No. 2024-178, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main.

Staff Recommendation: Approval (Utilities: Angela Morrow Director of Utilities) Presenter: Stephanie Roman, Assistant Director of Utilities, Construction & Engineering ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Sewer COUNCIL PRIORITY –Improve Public Safety
a) Resolution No. 2024-178

6. APPROVAL OF THE FY2025/26 RECOGNIZED OBLIGATION PAYMENT SCHEDULE Request the City Council adopt Resolution No. 2024-154 to approve the FY2025/26 Recognized Obligation Payment Schedule (“ROPS”) so that the Successor Agency may continue to make payments due for enforceable obligations.
11 Item3.

December 4, 2024 Escondido City Council Minutes Page 4 of 12

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – No
a) Resolution No. 2024-154

7. ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS FUNDED BY DEVELOPMENT IMPACT FEES PER GOVERNMENT CODE SECTION 66006 -
Request that the City Council receive and file the Annual Financial Report on Development Impact Fees.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – Yes, Internal Requirement

8. PURCHASE TWENTY-NINE (29) FORD POLICE UTILITY VEHICLES Request the City Council adopt Resolution No. 2024-175 authorizing the Fleet Services Division of the Public Works Department to purchase twenty-nine (29) Ford Police Utility Vehicles in the amount of $1,653,348.74 by utilizing a cooperative purchase agreement through the City of Sacramento, Contract No. B19153311005, and approving the disposal of the surplus vehicles via auction.

Staff Recommendation: Approval (Public Works: Joseph Goulart, Director of Public Works) Presenter: Jeramiah Jennings, Fleet Maintenance Manager ESSENTIAL SERVICE – Yes, internal requirement in support of Police Services COUNCIL PRIORITY – Improve Public Safety
a) Resolution No. 2024-175

9. PURCHASE THREE (3) MEDIX AMBULANCES AND APPROVE BUDGET ADJUSTMENT FOR THE

PURCHASE
Request the City Council adopt Resolution No. 2024-174 approving a budget adjustment of $157,752.18, and authorizing the Fleet Services Division of the Public Works Department to purchase three (3) Medix Ambulances from Republic EVS of Huntington Beach, California, for $1,117,752.18 by utilizing a cooperative purchase agreement through HGAC, Contract No.

AM10-23, and approving the disposal of the surplus vehicles via auction. 12 Item3.

December 4, 2024 Escondido City Council Minutes Page 5 of 12

Staff Recommendation: Approval (Public Works: Joseph Goulart, Director of Public Works) Presenter: Jeramiah Jennings, Fleet Maintenance Manager ESSENTIAL SERVICE – Yes, internal requirement in support of Fire/EMS Services COUNCIL PRIORITY – Improve Public Safety
a) Resolution No. 2024-174

10. BUDGET ADJUSTMENT FOR RECIEPT OF EARL FUNK DONATION Request the City Council authorize a budget adjustment for receipt of $30,000 from the Earl Funk donation for the Park Avenue Community Center.

Staff Recommendation: Approval (Community Services: Jennifer Schoeneck, Director of Economic Development)
Presenter: Robert Rhoades, Assistant Director of Community Services ESSENTIAL SERVICE – No

11. SAN DIEGO SENIORS COMMUNITY FOUNDATION HOLIDAY GRANT – $3,005 Request the City Council adopt Resolution No. 2024-180 authorizing the Assistant Director of Community Services to receive a $3,005 No Senior Alone for the Holidays grant from the San Diego Seniors Community Foundation.

Recommendation: Approval (Community Services: Jennifer Schoeneck, Director of Economic Development)
Presenter: Robert Rhoades, Assistant Director of Community Services ESSENTIAL SERVICE – No
COUNCIL PRIORITY –
a) Resolution No. 2024-180

12. ANIMAL CONTROL SERVICES AGREEMENT WITH THE SAN DIEGO HUMANE SOCIETY AND

BUDGET ADJUSTMENT
Request the City Council adopt Resolution No. 2024-186 approving an animal control services agreement with the San Diego Humane Society and authorize the Mayor to execute contract documents on behalf of the City. The term of the agreement is 18 months from January 1, 2025 through June 30, 2026.
13 Item3.

December 4, 2024 Escondido City Council Minutes Page 6 of 12

Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
ESSENTIAL SERVICE – Yes, requirement in support of Police Services; Keep City Clean for Public Health and Safety.

COUNCIL PRIORITY – Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido
a) Resolution No. 2024-186

13. FINAL MAP UNDER CONSIDERATION FOR APPROVAL FOR TRACT SUB13-0007 AT 2115

AMANDA LANE
Receive and file notice that a Final Map for Tract SUB13-0007 at 2115 Amanda Lane has been filed for approval.

Staff Recommendation: Receive and File (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services and Jonathan Schauble, City Engineer)
Presenter: Owen Tunnell, Assistant City Engineer

14. FINAL MAP UNDER CONSIDERATION FOR APPROVAL FOR TRACT PL23-0319 AT 2402 S.

ESCONDIDO BLVD
Receive and file notice that a Final Map for Tract PL23-0319 at 2402 S. Escondido Boulevard has been filed for approval.

15. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, APPROVING AN AMENDMENT TO THE SOUTH CENTRE CITY SPECIFIC PLAN TO ALLOW “EATING 14 Item3.

December 4, 2024 Escondido City Council Minutes Page 7 of 12

ESTABLISHMENTS WITH A DRIVE -THROUGH”, SUBJECT TO A C ONDITIONAL USE PERMIT WITHIN THE 13TH AVENUE CORNERS DISTRICT
Approved on November 20, 2024 with a vote of 4/1 (Martinez: No) a) Ordinance No. 2024-15 (Second Reading and Adoption)
Dustyn Simpson – Expressed opposition to the item
Moton: Morasco; Second: C. Garcia; Approved: 4-1 (Martinez – No)

PUBLIC HEARINGS

16. HICKORY STREET OFFICE TO RESIDENTIAL CONVERSION - PL23-0190, PL23-0191, PL24-0215, PL24-0225, PL24-0229
Request that the City Council adopt the following Resolution denying the Project:

Adopt Resolution No. 2024-179, denying the proposed General Plan Amendment, Zone Map Amendment, Master and Precise Plan (Planned Development Permit), and Design Review Permit for the Project.

Staff Recommendation: Denial (Development Services Department: Deputy Cit y Manager, Christopher McKinney)
Presenter: Ivan Flores, AICP, Senior Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido a) Resolution No. 2024-187
b) Resolution No. 2024-188
c) Ordinance No. 2024-16
Rick Mercurio – Expressed opposition to the item.

Motion to approve the General Plan Amendment, Zone Plan Amendment, Master and Precise Plan and remove the waiver of the two foot easement: Morasco; Second: White; Approved: 4- 1 (Martinez – No)

17. PL24-0183 – 900 W MISSION AVENUE CUP MODIFICATION
Request that the City Council adopt Resolution No. 2024-183 denying the project and instead 15 Item3.

December 4, 2024 Escondido City Council Minutes Page 8 of 12

approving as an alternative the adoption of an addendum to the previously adopted Initial Study/Mitigated Negative Declaration and the recommended Alternative Option.

Staff Recommendation: Approval of Alternative Option (Development Services Department:

Deputy City Manager/Interim Director of Development Services, Christopher McKinney) Presenter: Oscar Romero, Principal Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido a) Resolution No. 2024-183R
James Lockhart – Expressed concern regarding the traffic safety at Rock Springs Road and Lincoln Ave.

Motion to adopt Resolution 2204-183, alternative option to waive frontage improvements and retain the requirement to construc t the traffic signal at Lincoln and Rock Springs with a cost cap of $560,000, and adopt the Addendum to the previously adopted Mitigated Negative Declaration: Martinez; Second: White; Approved: 4-1 (C. Garcia – No)

18. SHORT-TERM RENTAL PILOT PROGRAM
Request the City Council adopt Ordinance No. 2024-07 for the Short-Term Rental Pilot Program of the City of Escondido to allow Short-Term rentals to operate within the City, including amendments to 1) the Escondido Municipal Code Chapter 16 (Business Licenses) for processes, procedures, administration and enforcement; and 2) adopt Escondido Municipal Code Chapter 25 (Taxation) for collection of Transient Occupancy Tax; and Resolution No. 2024-181 establishing new fees for the Pilot Short-Term Rental Ordinance Staff Recommendation: Approval (Economic Development: Jennifer Schoeneck, Director of Economic Development)
Presenter: Jennifer Schoeneck, Director of Economic Development and Pedro Cardenas, Management Analyst
ESSENTIAL SERVICE – Yes, Land Use/Development.

COUNCIL PRIORITY – Eliminate Structural Deficit; Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido.
a) Resolution No. 2024-181
16 Item3.

December 4, 2024 Escondido City Council Minutes Page 9 of 12

b) Ordinance No. 2024-07
Ce Liu – Expressed support for sensible short-term rental regulations and expressed opposition to the requirement that Short-Term Rentals not be permitted 500-feet from schools.

Mo Rashid – Expressed support for sensible short-term rental regulations and expressed opposition to the requirement that Short-Term Rentals not be permitted 500-feet from schools.

Tony Maietta – Expressed support for sensible short-term rental regulations and expressed opposition to the requirement that Short-Term Rentals not be permitted in Accessory Dwelling Units.

Michael Baehr – Requested the City Council ban Short-Term Rentals in Escondido in residential zoning.

Laree Felan – Expressed opposition to the ordinance, opposition to the requirement that Short-Term Rentals not be permitted in Accessory Dwelling Units.

Tyler Felan – Expressed opposition to the ordinance and opposition to the requirement that Short-Term Rentals not be permitted in Accessory Dwelling Units.

Carolyn Rangel – Requested the City Council ban Short-Term Rentals in Escondido in residential zoning and if the Ordnance is adopted, retain the requirement of prohibiting Short-Term Rentals within 500-feet of schools.

Kate Hess – Requested the City Council ban Short-Term Rentals in Escondido in residential zoning and if the Ordnance is adopted, retain the requirement of prohibiting Short-Term Rentals within 500-feet of schools.

Mary Smith – Requested the City Council ban Short-Term Rentals in Escondido in residential zoning and if the Ordnance is adopted, retain the requirement of prohibiting Short-Term Rentals within 500-feet of schools.

Zack Chen – Requested the City Council ban Short-Term Rentals in Escondido in residential zoning and if the Ordnance is adopted, retain the requirement of prohibiting Short-Term Rentals within 500-feet of schools.

Motion to approve Ordinance 2024-07 and modify the number of units that would trigger Council review of the Ordinance from 250 units to 200 units and subsequent review of the Ordinance for every 100 units thereafter: White; Second: J. Garcia; Approved: 4-1 (Martinez – No)
17 Item3.

December 4, 2024 Escondido City Council Minutes Page 10 of 12

CURRENT BUSINESS

19. ENTERING INTO A GROUND LEASE BETWEEN THE CITY OF ESCONDIDO AND R1 ESCONDIDO INVESTMENT, LLC FOR PROPERTY AT 270 E VIA RANCHO PKWY, ESCONDIDO, CALIFORNIA;

DECLARATION OF EXEMPT SURPLUS PROPERTY
Request the City Council Adopt Resolution No. 2024-168 authorizing the Mayor to execute a Ground Lease between the City of Escondido and R1 Escondido Investment, LLC; authorizing execution of Assignment and Assumption Agreement; and Declaration of Exempt Surplus Property
Staff Recommendation: Approval (City Manager’s Office: Jennifer Schoeneck, Director of Economic Development)
Presenter: Jennifer Schoeneck, Director of Economic Development, Francisco Vargas, Real Property Management Analyst
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY –Increase Retention and Attraction of People and Businesses to Escondido a) Resolution No. 2024-168
Motion: White; Second: Martinez; Approved: 5-0

20. PUBLIC ART DEACCESSION AND REMOVAL OF VINEHENGE
Request the City Council approve the deaccessioning and removal of Vinehenge.

Staff Recommendation: Approval (Community Services and Public Works: Jennifer Schoeneck, Director of Economic Development and Joseph Goulart, Director of Public Works) Presenter: Robert Rhoades, Assistant Director of Community Services and Wayne Thames, Public Works Manager
ESSENTIAL SERVICE – Yes, Maintenance of Parks facilities/Open Spaces Motion: White; Second: J. Garcia; Approved: 5-0

21. UNCLASSIFIED AND MANAGEMENT SALARY AND BENEFITS PLAN, PART-TIME SALARY

PLANS, AND FULL-TIME COMPENSATION SCHEDULE
Request the City Council adopt:

Resolution No. 2024 -147 amending and readopting the Salary and Benefits Plan for the Unclassified, Clerical, Technical, and Management Groups; and 18 Item3.

December 4, 2024 Escondido City Council Minutes Page 11 of 12

Resolution No. 2024 -148 amending and readopting the Part -time Salary Plan and Part -Time Classification and Benefits Plan; and
Resolution No. 2024-149 amending and readopting the full-time compensation schedule for all full-time employee groups.

Staff Recommendation: Approval (Human Resources Department: Jessica Perpetua, Director of Human Resources)
Presenter: Jessica Perpetua, Director of Human Resources ESSENTIAL SERVICE – Yes, Internal Requirement
COUNCIL PRIORITY –
a) Resolution No. 2024-147
b) Resolution No. 2024-148
c) Resolution No. 2024-149
Motion: White; Second: C. Garcia; Approved 4-1 (Morasco – No)

22. FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT AND SECOND

AMENDMENT TO CITY ATTORNEY EMPLOYMENT AGREEMENT
Request that the City Council adopt Resolution No. 2024-184 authorizing the Mayor to execute, on behalf of the City of Escondido, a First Amendment to Employment Agreement with Sean McGlynn to continue serving as the City Manager; and Request that the City Council adopt Resolution No. 2024-185 authorizing a Second Amendment to Employment Agreement with Michael R. McGuinness to continue serving as the City Attorney.

Staff Recommendation: Approval (Human Resources: Jessica Perpetua, Director of Human Resources)
Presenter: Jessica Perpetua, Director of Human Resources ESSENTIAL SERVICE – No
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido a) Resolution No. 2024-184
19 Item3.

December 4, 2024 Escondido City Council Minutes Page 12 of 12

b) Resolution No. 2024-185
Motion: White; Second: C. Garcia; Approved: 5-0

FUTURE AGENDA

23. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck)

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS

ORAL COMMUNICATIONS
CITY MANAGER’S WEEKLY ACTIVITY REPORT
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development. This report is also available on the City’s website, www.escondido.gov.

ADJOURNMENT
Mayor White adjourned the meeting at 9:38 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

20 Item3.
21 Item4.

ORDINANCE NO. 2024-16

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING A ZONE MAP

AMENDMENT, AND A MASTER PLAN AND PRECISE

DEVELOPMENT PERMIT FOR ADOPTON OF A PLANNED

DEVELOPMENT ZONE

Planning Case No(s): PL23-0190/PL23-0191/PL24-
0215/PL24-0225/PL24-0229

Applicant: Escondido Investments, LLC

The City Council of the City of Escondido, California does ordain as follows:

SECTION 1. The City Council makes the following findings:
a) Escondido Investments LLC (“Applicant”), filed a land use development application, Planning Cases No(s). PL23 -0190/PL24-0225/PL23-0191/PL24-0215/PL24-0229 (“Application”) constituting a request for a General Plan Map Amendment to change the land use designation to Urban V (U5); a Zone Map Amendment to rezone the subject site to Very High Multifamily Residential (R -5); a Master Development Plan and Precise Development Plan for adoption of a Planned Development Zone (PD-R-

28.9); and a Design Review Permit for conversion of an existing office building into 21 residential dwelling units (“Project”) on a 0.69 gross acre site located at 240 S. Hickory Street (APN 229 -492-14-00) (“Property”), in the Office (O) General Plan Land Use Designation and within the Hospital Professional (H- P) zone . The Project also includes a density bonus request to exceed the maximum allowable density permitted by the proposed General Plan Amendment.
b) The subject Property is all real Property described in Exhibit “A,” which is attached hereto, and a made a part thereof by this reference as though fully set forth herein. 22 Item5.

c) The Application was submitted to, and processed by, the Planning Division of the Development Services Department. The Application consisted of a Zone Map Amendment (PL 24-0225), and a Master Plan (PL23-0191) and a Precise Development Plan Permit (PL24-0215) to rezone the subject property from Hospsital Professional ( H-P) to Very High Multifamily Residential (R-5) and subsequent adoption of a Planned Development Zone (PD -R-28.9) as permitted by Article 19 (Planned Development Zones), respectively.
d) The Applicant concurrently submitted an application for a General Plan Amendment and Design Review Permit to amend the existing land use designation from Office (O) to Urban V (U5) to provide consistency with the proposed Zone Map Amendment ; and, a Planned Development Zone , and to facilitate the conversion of an existing office building into 21 residential dwelling units as shown on Exhibit “B” (Master Development Plan), and on file in the Planning Division, and incorporated herein as though fully set forth herein. The Project also includes a density bonus request to exceed the maximum allowable units on the property from 20 to 21, and to utilize incentives/concession s and waivers as permitted by State Density Bonus Law and Article 67 (Density Bonus and Residential Incentives) of the Escondido Zoning Code.
e) A Final Intial Study/Mitigated Negative Declaration (IS/MND) was prepared for the Project in conformance with the California Environmental Quality Act (CEQA) guidelines. f) In furtherance of the Project, the City Council adopted Resolution No. 2024-187 to adopt the IS/MND and associated Mitigation Monitoring and Reporting Program (MMRP), fully incorporated herein as though set fully forth, which analzyed the various environmental impacts of the Project in its entirety, including the proposed Zone Map Amendment, and Master Development Plan and Precise Development Permit for adoption of a Planned Development Zone.
23 Item5.

g) The Plan ning Division of the Development Services Department completed its review and scheduled a public hearing regarding the Application before the Planning Commission on November 12, 2024. Following the public hearing, the Planning Commission adopted Resolution No. 2024-20, which recommended that the City Council, among other things, deny the Project, including actions to the deny the Zone Map Amendment and Planned Development Zone.
h) During the December 4, 2024, City Council meeting, the City Council motioned to approve the Project based on the findings outlined in Attachment 1 of the City Council staff report, dated December 04, 2024, incoroporated herein as though fully set forth herein.

SECTION 2: P roper notices of a public hearing have been given and public hearings have been held before the Planning Commission and City Council on this issue.

SECTION 3. The City Council did on December 04, 2024, hold a duly noticed public hearing as prescribed by law. Evidence was submitted to and considered by the City Council, including, without limitation:
a) Written information including all application materials and other written and graphical information posted on the project website.
b) Oral testimony from City staff, interested parties, and the public. c) The City Council staff report, dated December 04, 2024, which along with its attachments, is incorporated herein by this reference as though fully set forth herein, including the Planning Commission's recommendation on the request.
d) Additional information submitted during the public hearing SECTION 4. That, upon consideration of the Factors to be Considered / Findings of Fact, attached as Exhibit “C”, and incorporated herein by reference as though fully set forth herein, the City Council 24 Item5.

desires at this time and deems it to be in the best public interest to approve the Zone Map Amendment and Master and Precise Development Plan for adoption of a Planned Development Zone, subject to the Conditions of Approval attached as Exhibit “D” .

SECTION 5. The City Council considered Resolution Nos. 2024-188 during the December 04, 2024 City Council hearing, and intends to approve a General Plan Map Amendment and Design Review Permit to support the proposed Project.

SECTION 6. The Zone District Map of the City of Escondido is hereby amended to change the zoning on the subject Property from Hospital-Professional (H-P) to Very High Multi-Family Residential (R- 5), as depicted and set forth in Exhibit “E” and incorporated herein by reference as though fully set forth herein.

SECTION 7. The Zone District Map of the City of Escondido is further amended to change the zoning on the subject Property from R -5 to Planned Development Residential (PD -R-28.9) to adopt a Planned Development Zone pursuant to Article 19 (Planned Development Zones) of the Escondido Zoning Code as depicted and set forth in Exhibit “ F” and incorporated herein by reference as though fully set forth herein.

SECTION 8. Concurently with the action on this Ordinance, the City Council is take a number of actions in furtherance of the Project, as generally described in the December 04, 2024, City Council staff report. No single component of the series of actions made in connection with the Project shall be effective unless and until it is approved by an Ordinance or Resolution and is procedurraly effective in the manner provided by state law. The refore, this Ordinance shall become effective and operate only if the City Council Resolutions No. 2024-187 and No. 2024-188 are approved. 25 Item5.

SECTION 9. ENVIRONMENTAL REVIEW. That the City Council has reviewed and considered the Final Mitigated Negative Declaration prepared for the Project in conformance with CEQA. The Final Mitigated Negative Declaration adequately address all environmental issues associated with the Zone Map Amendment and Master Development Plan and Precise Development Plan Permit, and the Project would not result in any significant impacts to the environmental.

SECTION 10. All referen ces within this Ordinance to “Applicant” or “Developer,” shall equally applicable to the current property owner and to any successors -in-interest or assigns, whether such successors of assigns own, control, or otherwise have development authrotiy for all, a portion, or portions of that property included within the Projec Site.

SECTION 11. SEVERABILITY. 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 12. As of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 13. The City Council authorizes all subsequent action to taken by City Officials consistent withi this Ordinance.

SECTION 14. 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, 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. 26 Item5.

SECTION 15. The Ordinance shall become effective 30 days from the date of the passage. 27 Item5.

Exhibit “A”
Legal Description
Project No(s): PL23-0190/PL24-0225/PL23-0191/PL24-0215/PL24-0229

28 Item5.

Exhibit “B”

Planning Case No(s): PL23-0190/PL23-0191/PL24-0215/PL24-0225/PL24-0229 The Architectural Drawings are under copyright protection, please contact the City of Escondido Planning Division, by phone at 760-839-4671 or send a request to [email protected] Reference the following:

Project Name: Hickory Street Office to Residential Conversion Location: 240 S Hickory Street
Planning Case Nos. PL23-0190/PL23-0191/PL24-0215/PL24-0225/PL24-0229 29 Item5.

EXHIBIT “C”

PLANNING CASE NOS. PL23-0190/PL23-0191/PL24-0215/PL24-0225/PL24-0229

FACTORS TO BE CONSIDERED / FINDINGS OF FACT
Zone Map Amendment Findings (PL24-0225)
(Section 33-1263 of Article 61 – Administration and Enforcement of the Escondido Zoning Code)
With respect to the Zone Map Amendment, th e City Council make the following findings for approval of the Project:

1. That the public health, safety and welfare will be adversely affected by the proposed change;
Applicant’s Substantiation of Request:

In August 2021, the Escondido City Council found that the rising housing costs and lack of affordable housing options have led to a rise in homelessness in the region, including within the City of Escondido. The conversion of und erutilized office buildings to housing is a creative, adaptive reuse of existing buildings which can substantially reduce the cost redevelopment while maintaining the existing scale and character of established neighborhoods. This type of redevelopment pro vides a much -needed housing type for those seeking housing at the lower end of the cost spectrum.

Therefore, Escondido Investments LLC (applicant) is requesting the City of Escondido (City) process a General Plan Amendment (GPA) and Zone Amendment (AZ) to allow the conversion of an existing medical office building located at 240 S. Hickory Street in Escondido (APN: 229 -492-14-00) to a 20 -unit, one - and two -bedroom multi -family residential development in accordance with Article 19, Planned Development (P-D) Zone, of the Escondido Municipal Code (EMC). The project site is approximately 0.69 acres in size and contains one, three -story structure historically used for medical offices. The existing building contains a total of approximately 16,885 square feet (sf) of gross building area. The site is surrounded by single -family residences and low-rise medical offices to the north, single -family residences to the east, condominiums and single -family residences to the south, and multi-family residences (Summit Apartments) to the west.

The project site has a land use designation of General Office (2.0 FAR) and the current zoning designation for the project site is Hospital Professional (H-P), which is considered a commercial zoning designation for interim development of medical or office use.

Surrounding zoning and land use designations include H-P and Office to the north, Light- Multiple Residential (R-2-12) and Office to the east, R-2-12 and Urban II (U2) to the south, and Residential Planned Development (PD-R-12) and U2 to the west. With the demolition and subsequent planned redevelopment of the old Palomar Hospital property, the 30 Item5.
surrounding area is seeing a decline in the need or demand for medical office support services in the East Valley neighborhood area, including at the project site. Adaptive re- use to housing units would allow for a land use consistent with the surrounding neighborhood and construction that would be minimally impactful since it would primarily involve interior changes.

The site would operate as a market-rate rental property offering a lower cost and stable long-term living situation. This would allow for a greater variety of housing availability for the community. In addition, the proposed physical improvements will result in an enhanced environme nt for tenants and have a positive influence on the surrounding community. Overall, the conversion of an underutilized office building to multi -family residential units will be a benefit to the immediate neighborhood and community at large.

2. That the property involved is not suitable for the uses permitted by the proposed zone
Applicant’s Substantiation of Request:

In August 2021, the Escondido City Council found that the rising housing costs and lack of affordable housing options have led to a rise in homel essness in the region, including within the City of Escondido. The conversion of underutilized office buildings to housing is a creative, adaptive reuse of existing buildings which can substantially reduce the cost redevelopment while maintaining the exist ing scale and character of established neighborhoods. This type of redevelopment provides a much -needed housing type for those seeking housing at the lower end of the cost spectrum.

Therefore, Escondido Investments LLC (applicant) is requesting the City of Escondido (City) process a General Plan Amendment (GPA) and Zone Amendment (AZ) to allow the conversion of an existing medical office building located at 240 S. Hickory Street in Escondido (APN: 229 -492-14-00) to a 20 -unit, one - and two -bedroom mul ti-family residential development in accordance with Article 19, Planned Development (P-D) Zone, of the Escondido Municipal Code (EMC). The project site is approximately 0.69 acres in size and contains one, three -story structure historically used for medic al offices. The existing building contains a total of approximately 16,885 square feet (sf) of gross building area. The site is surrounded by single -family residences and low-rise medical offices to the north, single -family residences to the east, condomin iums and single -family residences to the south, and multi-family residences (Summit Apartments) to the west.

Surrounding zoning and land use designations include H-P and Office to the north, Light- Multiple Residential (R-2-12) and Office to the east, R-2-12 and Urban II (U2) to the south, and Residential Planned Development (PD-R-12) and U2 to the west. With the demolition 31 Item5.
and subsequent planned redevelopment of the old Palomar Hospital property, the surrounding area is seeing a decline in the need or demand for medical office support services in the East Valley neighborhood area, including at the project site. Adaptive re - use to housing units would allow for a land use consistent with the surrounding neighborhood and construction that would be minimal ly impactful since it would primarily involve interior changes.

The site would operate as a market -rate rental property offering a lower cost and stable long-term living situation. This would allow for a greater variety of housing availability for the comm unity. In addition, the proposed physical improvements will result in an enhanced environment for tenants and have a positive influence on the surrounding community. Overall, the conversion of an underutilized office building to multi -family residential un its will be a benefit to the immediate neighborhood and community at large.

3. That the uses permitted by the proposed zone would not be detrimental to surrounding properties
Applicant’s Substantiation of Request:

In August 2021, the Escondido City Council fo und that the rising housing costs and lack of affordable housing options have led to a rise in homelessness in the region, including within the City of Escondido. The conversion of underutilized office buildings to housing is a creative, adaptive reuse of existing buildings which can substantially reduce the cost redevelopment while maintaining the existing scale and character of established neighborhoods. This type of redevelopment provides a much -needed housing type for those seeking housing at the lower end of the cost spectrum.

Therefore, Escondido Investments LLC (applicant) is requesting the City of Escondido (City) process a General Plan Amendment (GPA) and Zone Amendment (AZ) to allow the conversion of an existing medical office building located at 2 40 S. Hickory Street in Escondido (APN: 229 -492-14-00) to a 20 -unit, one - and two -bedroom multi -family residential development in accordance with Article 19, Planned Development (P-D) Zone, of the Escondido Municipal Code (EMC). The project site is approxi mately 0.69 acres in size and contains one, three -story structure historically used for medical offices. The existing building contains a total of approximately 16,885 square feet (sf) of gross building area. The site is surrounded by single -family residences and low-rise medical offices to the north, single -family residences to the east, condominiums and single -family residences to the south, and multi-family residences (Summit Apartments) to the west.

Surrounding zoning and land use designations include H-P and Office to the north, Light- Multiple Residential (R-2-12) and Office to the east, R-2-12 and Urban II (U2) to the south, 32 Item5.
and Residential Planned Development (PD-R-12) and U2 to the west. With the demolition and subsequent planned redevelopment of the old Palomar Hospital property, the surrounding area is seeing a decline in the need or demand for medical office support services in the East Valley neighborhood area, including at the project site. Adaptive re - use to housing units would allow for a land use consistent with the surrounding neighborhood and construction that would be minimally impactful since it would primarily involve interior changes.

The site would operate as a market -rate rental property offering a lower cost and stable long-term living situation. This would allow for a greater variety of housing availability for the community. In addition, the proposed physical improvements will result in an enhanced environment for tenants and have a positive influence on the surrounding community. Overall, the conversion of an underutilized office building to multi -family residential units will be a benefit to the immediate neighborhood and community at large.

4. That the proposed change is not consistent with the adopted general plan; Applicant’s Substantiation of Request:

In August 2021, the Escondido City Council found that the rising housing costs and lack of affordable housing options have led to a rise in homelessness in the region, including within the City of Escondido. The conve rsion of underutilized office buildings to housing is a creative, adaptive reuse of existing buildings which can substantially reduce the cost redevelopment while maintaining the existing scale and character of established neighborhoods. This type of redev elopment provides a much -needed housing type for those seeking housing at the lower end of the cost spectrum.

Surrounding zoning and land use designations include H-P and Office to the north, Light- Multiple Residential (R-2-12) and Office to the east, R-2-12 and Urban II (U2) to the south, 33 Item5.
and Residential Planned Development (PD-R-12) and U2 to the west. With the demolition and subsequent planned redevelopment of the old Palomar Hospital property, the surrounding area is seeing a decline in the need or demand for medical office support services in the East Valley neighborhood are a, including at the project site. Adaptive re- use to housing units would allow for a land use consistent with the surrounding neighborhood and construction that would be minimally impactful since it would primarily involve interior changes.

The site would operate as a market-rate rental property offering a lower cost and stable long-term living situation. This would allow for a greater variety of housing availability for the community. In addition, the proposed physical improvements will result in an enhanc ed environment for tenants and have a positive influence on the surrounding community. Overall, the conversion of an underutilized office building to multi -family residential units will be a benefit to the immediate neighborhood and community at large.

5. That the proposed change of zone does not establish a residential density below 70% of the maximum permitted density of any lot or parcel of land previously zoned R-3, R-4, or R-5 unless the exceptions regarding dwelling unit density can be made pursuant to the provisions set forth in Article 6;
The proposed Project does include a density that would yield 70% of the maximum density allowed under an Urban V land use designation.

6. That the relationship of the proposed change is applicable to specific plans The Project site is not located within a Specific Plan, and any changes to the existing zoning district are not applicable to specific plans. The proposed change is not applicable to specific plans.

Planned Development Permit Findings (PL23-0191/PL24-0215) (Section 33 -403 of Article 19 – Planned Development Zones of the Escondido Zoning Code)

1. The location, design, and residential density of the proposed planned development is consistent with the goals and policies of the Escondido General Plan and any applicable specific plan or with any policies adopted by, or being considered by the Escondido city council, or in the process of being prepared and adopted; Applicant’s Substantiation of Request:

In August 2021, the Escondido City Council found that the r ising housing costs and lack of affordable housing options have led to a rise in homelessness in the region, including within the City of Escondido. The conversion of underutilized office buildings to housing is a creative, adaptive reuse of existing build ings which can substantially reduce the cost 34 Item5.
redevelopment while maintaining the existing scale and character of established neighborhoods. This type of redevelopment provides a much -needed housing type for those seeking housing at the lower end of the cost spectrum.

Therefore, Escondido Investments LLC (applicant) is requesting the City of Escondido (City) process a General Plan Amendment (GPA) and Zone Amendment (AZ) to allow the conversion of an existing medical office building located at 240 S. Hickory Street in Escondido (APN: 229 -492-14-00) to a 20 -unit, one - and two -bedroom multi -family residential development in accordance with Article 19, Planned Development (P-D) Zone, of the Escondido Municipal Code (EMC). The project site is approximately 0.69 ac res in size and contains one, three -story structure historically used for medical offices. The existing building contains a total of approximately 16,885 square feet (sf) of gross building area. The site is surrounded by single -family residences and low-rise medical offices to the north, single -family residences to the east, condominiums and single -family residences to the south, and multi-family residences (Summit Apartments) to the west.

The project site has a land use designation of General Office (2.0 F AR) and the current zoning designation for the project site is Hospital Professional (H-P), which is considered a commercial zoning designation for interim development of medical or office use.

Surrounding zoning and land use designations include H-P and Office to the north, Light- Multiple Residential (R-2-12) and Office to the east, R-2-12 and Urban II (U2) to the south, and Residential Planned Development (PD-R-12) and U2 to the west. With the demolition and subsequent planned redevelopment of the old Pal omar Hospital property, the surrounding area is seeing a decline in the need or demand for medical office support services in the East Valley neighborhood area, including at the project site. Adaptive re - use to housing units would allow for a land use cons istent with the surrounding neighborhood and construction that would be minimally impactful since it would primarily involve interior changes.

The site would operate as a market -rate rental property offering a lower cost and stable long-term living situation. This would allow for a greater variety of housing availability for the community. In addition, the proposed physical improvements will result in an enhanced environment for tenants and have a positive influence on the surrounding community. Overall, th e conversion of an underutilized office building to multi -family residential units will be a benefit to the immediate neighborhood and community at large.

2. The proposed location allows the planned development to be well integrated with its surroundings;
The proposed Project would result in conversion of an existing office building approved for office uses into a multifamily residential development. The existing building would remain and negligible site changes would occur as a result of the residential development.

3. All vehicular traffic generated by the planned development will be accommodated safely and without causing undue congestion upon adjoining streets; 35 Item5.

The Project prepared a traffic scoping agreement which found that the traffic generated by the proposed use will not cause undue congestion upon adjoining streets.

4. The proposed location and design allow residents and business establishments proposed within the zone to be adequately serviced by existing or proposed public facilities and services and does not provide an undue or negative impact on existing public facilities and services. In appropriate circumstances, and as provided elsewhere by city code, the city may require that suitable areas for schools, parks and playgrounds, pedestrian ways or public open spaces be dedicated for public use, or reserved by deed covenant for the common use of all residents, establishments or operations in the development; The Project site is located in an urbanized area of the City and is serviced by existing utility connections as it is a developed site.

5. The overall design of the proposed planned development does produce an attractive, efficient and stable environment
Applicant’s Substantiation of Request:

In August 2021, the Escondido City Council found that the rising housing costs and lack of affordable housing options have led to a rise in homelessness in the region, including within the City of Escondido. The conversion of underutilized office buildings to housing is a creative, adaptive reuse of existing buildings which can substantially reduce the cost redevelopment while maintaining the existing scale and character of established neighborhoods. This type of redevelopment provides a much -needed housing type for those seeking housing at the lower end of the cost spectrum.

Therefore, Escondido Investments LLC (applicant) is requesting the City of Escondido (City) process a General Plan Amendment (GPA) and Zone Amendment (AZ) to allow the conversion of an existing medical office building located at 240 S. Hickor y Street in Escondido (APN: 229 -492-14-00) to a 20 -unit, one - and two -bedroom multi -family residential development in accordance with Article 19, Planned Development (P-D) Zone, of the Escondido Municipal Code (EMC). The project site is approximately 0.69 acres in size and contains one, three -story structure historically used for medical offices. The existing building contains a total of approximately 16,885 square feet (sf) of gross building area. The site is surrounded by single -family residences and low-rise medical offices to the north, single -family residences to the east, condominiums and single -family residences to the south, and multi-family residences (Summit Apartments) to the west.

Surrounding zoning and land use designations include H-P and Office to the north, Light- Multiple Residential (R-2-12) and Office to the east, R-2-12 and Urban II (U2) to the south, 36 Item5.
and Residential Planned Development (PD-R-12) and U2 to the west. With the demolition and subsequent planned redevelopment of the old P alomar Hospital property, the surrounding area is seeing a decline in the need or demand for medical office support services in the East Valley neighborhood area, including at the project site. Adaptive re - use to housing units would allow for a land use co nsistent with the surrounding neighborhood and construction that would be minimally impactful since it would primarily involve interior changes.

The site would operate as a market -rate rental property offering a lower cost and stable long-term living situation. This would allow for a greater variety of housing availability for the community. In addition, the proposed physical improvements will result in an enhanced environment for tenants and have a positive influence on the surrounding community. Overall, the conversion of an underutilized office building to multi -family residential units will be a benefit to the immediate neighborhood and community at large.

6. The planned development is well integrated with its settings, does not require excessive earthmoving or grading, or destruction of desirable natural features, nor is visually obstructive or disharmonious with surrounding areas and facilities, and does not substantially harm major views from adjacent properties; The Project entails conversion of an exist ing office building on a previously developed site, located within an urbanized area. No significant grading is required due to reuse of a vacant office building. The proposed Project does not result in any visually obstructive or disharmonious patterns of development, nor does it harm any major views due to the existing nature of the Project site.

7. The uses proposed have a beneficial effect not obtainable under existing zoning regulations. Any departure from existing ordinance requirements shall be warranted by the design and the amenities incorporated in the planned development in accord with adopted city policy.

The proposed residential conversion has the potential to produce 19 above moderate and two low-income units toward the City’s Regional Housing Needs Allocation (RHNA).

37 Item5.

EXHIBIT “D”

PLANNING CASE NOS. PL23-0190/PL23-0191/PL24-0215/PL24-0225/PL24-0229

CONDITIONS OF APPROVAL

This Project is conditionally approved as set forth on the application received by the City of Escondido on April 26, 2023, and the P roject drawings consisting of Site Plans, Floor Plans, Sections, Architectural Elevations, Civil Sheets/Grading, Landscape Plans and Colored Elevations; all designated as approved on December 04, 2024, and shall not be altered without express authorization by the Development Service Department.

For the purpose of these conditions, the term “ Applicant” shall also include the Project proponent, owner, permittee, and the Applicant’s successors in interest, as may be applicable.

A. General:

1. Acceptance of Permit. If the Applicant fails to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the Applicant shall be deemed to constitute all of the following on behalf of the Applicant:

a. Acceptance of the Permit by the Applicant; and

b. Agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of this Project Permit or other approval and the provisions of the Escondido Municipal Code or Zoning Code applicable to such Permit.

2. Permit Expiration. If the Permit was filed as or concurrent with a Tentative Map or Planned Development application, the Permit shall expire 36 months from the effective date of approval, unless additional time is granted pursuant to the Map Act or to the Escondido Municipal Code. If not filed as concurrent with a Tentative Map or Planned Development application, the Permit shall automatically expire after one year from the date of this approval, or the expiration date of any extension granted in accordance with the Escondido Municipal Code and Zoning Code.

The Permit shall be deemed expired if a building permit has not been obtained or work has been discontinued in the reliance of t hat building permit. If no building permits are required, the City may require a noticed hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed, pursuant to and in accordance with the provision of this Permit.

3. Certification. The Director of Development Services, or his/her designee, is authorized and directed to make, or require the Applicant to make, all corrections and modifications to the Project drawings and any other relevant document comprising the Project in its entirety, as necessary to make them internally 38 Item5.
consistent and in conformity with the final action on the Project. This includes amending the Project drawings as necessary to incorporate revisions made by the decision-making body and/or reflecting any modifications identified in these conditions of approval. A final Approved Plan set, shall be submitted to the Planning Division for certification electronically. Said plans must be certified by the Planning Division prior to submittal of any post-entitlement permit, including grading, public improvement, landscape, or building plans for the Project.

4. Conformance to Approved Plans.

a. The operation and use of the subject property shall be consistent with the Project Description and Details of Request, designated with the Approved Plan set.

b. Nothing in this Permit shall authorize the Applicant to intensify the authorized activity beyond that which is specifically described in this Permit.

c. Once a permit has been issued, the Applicant may request Permit modifications. “M inor" modifications may be granted if found by the Director of Development Services to be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. Such “minor” modifications shall be processed through a substantial conformance process identified by the Planning Division. Modifications beyond the scope described in the Approved Plan set may require submittal of an amendment to the Permit and approval by the authorized agency.

5. Limitations on Use. Prior to any use of the Project site pursuant to this Permit, all Conditions of Approval contained herein shall be completed or secured to the satisfaction of the Development Services Department.

6. Certificate of Occupancy.

a. No change in the character of occupancy or change to a different group of occupancies as described by the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required, and any such change in occupancy must comply with all other applicable local and state laws.

b. Prior to final occupancy, a Planning Final Inspection shall be completed to ensure that the property is in full compliance with the Permit terms and conditions. The findings of the inspection shall be documented on a form and content satisfactory to the Director of Development Services.

7. Availability of Permit Conditions.

a. Prior to building permit issuance, the Applicant shall cause a covenant regarding real property to be recorded that sets forth the terms and conditions of this Permit approval and shall be of a form and content satisfactory to the Director of Development Services. 39 Item5.

b. The Applicant shall make a copy of the terms conditions of this Permit readily available to any member of the public or City staff upon request. Said terms and conditions shall be printed on any construction plans that are submitted to the Building Division for plan check processing.

8. Right to Entry. The holder of this Permit shall make the premises available for inspection by City staff during construction or operating hours and allow the investigations of property necessary to ensure that minimum codes, regulations, loc al ordinances and safety requirements are properly followed. The Applicant shall provide such business records, licenses, and other materials necessary upon request to provide evidence of compliance with the conditions of approval, as well as federal, state, or laws.

9. Compliance with Federal, State, and Local Laws. Nothing in this Permit shall relieve the Applicant from complying with conditions, performance standards, and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. (Permits from other agencies may be required as specified in the Permit’s Details of Request. ) This Permit d oes not relieve the Applicant of the obligation to comply with all applicable statutes, regulations, and procedures in effect at the time that any engineering permits or building permits are issued unless specifically waived herein.

No part of this Permit’s approval shall be construed to permit a violation of any part of the Escondido Municipal or Zoning Code. During Project construction and after Project completion, the Applicant shall ensure the subject land use activities covered by this Permit is conducted in full compliance with all local and state laws.

10. Fees. The appropriate development fees and Citywide Facility fees shall be paid in accordance with the prevailing fee schedule in effect at the time of building permit issuance, to the satisfaction of the Director of Development Services. Through plan check processing, the Applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, Fire Mitigation/Cost Recovery Fees, and other fees listed in the Fee Schedule, which may be amended. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Development Services Department.

Approval of this development project is conditioned upon payment of all applicable development fees and connection fees in the manner provided in Chapter 6 of the Escondido Municipal Code.

11. Public Art Partnership Program. All requirements of the Public Art Partnership Program, Ordinance No. 86-70 shall be satisfied prior to any building permit issuance. The ordinance requires that a public art fee be added at the time of the building permit issuance for the purpose of participating in the City Public Art Program.

12. Clerk Recording.

40 Item5.
a. State Law (SB 1535), effective January 1, 2007, requires certain projects to pay fees for purposes of funding the California Department of Fish and Wildlife. If the Project is found to have a significant impact to wildlife resources and/or sensitive habitat, in accordance with State law, or if the Project was analyzed through a negative declaration or environmental impact report, the Applicant shall remit to the City of Escondido Planning Division, within two working days of the effective date of the adoption of the environmental document, a check payable to the “San Diego County Clerk,” in the amount that is published by the County Clerk’s Office. Failure to remit the required fees in full within the specified time noted above will result in County notification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation code. In addition, Section 21089(b) of the Public Resources Code, and Section 711.4(c) of the Fish and Game Code provide that no project shall be operative, vested, or final until all the required filing fees are paid. The County Clerk’s Office filing fees for other environmental review documents are adjusted annually by the California Department of Fish and Wildlife. If the fee increase after the date of this approval, the Applicant shall be responsible for the increase.

b. For more information on filing fees, please refer to the County Clerk’s Office and/or the California Code of Regulations, Title 14, Section 753.5.

13. Legal Description Adequacy. The legal description attached to the application has been provided by the Applicant and neither the City of Escondido nor any of its employees assume responsibility for the accuracy of said legal description.

14. Application Accuracy. The information contained in the application and all attached materials are assumed to be correct, true, a nd complete. The City of Escondido is relying on the accuracy of this information and Project-related representations in order to process this application. Any permits issued by the City may be rescinded if it is determined that the information and mater ials submitted are not true and correct. The Applicant may be liable for any costs associated with rescission of such permits.

15. Enforcement. If any of the terms, covenants, or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, the City of Escondido shall have the right to deny or withhold subsequent permit approvals or permit inspections that are derived from the application entitlements herein granted; issue stop work orders; pursue abatement orders, penalties, or other administrative remedies as set forth in state and local laws; or institute and prosecute litigation to compel compliance with such terms, covenants, or conditions or seek damages for their violation. The Applicant shall be notified in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City.

16. Indemnification, Hold Harmless, Duty to Defend.

a. The Applicant shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City, its Councilmembers, Planning Commissioners, boards, commissions, 41 Item5.
departments, officials, officers, agents, employees, and volunteers (collec tively, “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, at law or in equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with (i) any business, work, conduct, act, omission, or negligence of the Applicant or the owner of the Property (including the Applicant’s or the owner of the Property’s contractors, subcontractors, licensees, sub lessees, invitees, agents, consultants, employees, or volunteers), or such activity of any other person that is permitted by the Applicant or owner of the Property, occurring in, on, about, or adjacent to the Property; (ii) any use of the Property, or any accident, injury, death, or damage to any person or property occurring in, on, or about the Property; or (iii) any default in the performance of any obligation of the Applicant or the owner of the Property to be performed pursuant to any condition of approval for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon. Provided, however, that the Applicant shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).

b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and re asonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).

c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims 42 Item5.
referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving wr itten notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such depos it and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subs equent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations. Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.

17. Phasing. A phasing plan shall be submitted for all projects which include more than one building. The phasing plan shall identify the order in which all on- and off-site improvements will be installed, including triggers for improvements resulting from mitigation measures placed on the project through the environmental review process or required for General Plan conformance. The plan shall also identify the order in which structures will be built and occupied, the location of construction fencing at each phase of construction, and any other means necessary to prevent conflicts between construction traffic and users of the occupied buildings. The phasing plan shall be approved by the City Planner, Building Official, City Engineer and Fire Marshal prior to the issuance of a grading permit for the project. The phasing plan shall not be modified without written consent from the City of Escondido.

B. Construction, Maintenance, and Operation Obligations:

1. Code Requirements. All construction shall comply with the applicable requirements of the Escondido Municipal Code, Escondido Zoning Code, California Building Code; and the requirements of the Planning Division, Engineering Services Department, Director of Development Services , Building Official, City Engineer, and the Fire Chief in carrying out the administration of said codes. Approval of this Permit request shall not waive compliance with any City regulations in effect at the time of Building Permit issuance unless specifically waived herein.

As a condition of receiving the land use approvals specified herein, Applicant shall maintain the property subject to the approvals in compliance with all applicable city codes governing the condition or appearance of property. In addition to compliance with such basic standards, the property subject to these approvals shall also be maintained free of trash, plant debris, weeds, and concrete (other than existing foundations and permanent structures). Any signs placed on the property advertising such property for sale or rent shall be in accordance with applicable laws, and be kept clean, in like-new condition, and free from fading and graffiti at all times. This condition shall be applicable from the date the land use is approved. The failure to comply with this condition shall subject the approvals specified herein to revocation for failure to comply.

2. Agency License and Permitting. In order to make certain on- or off-site improvements associated with the Approved Plan set, the Permit request may require review and clearance from other agencies. 43 Item5.

Nothing in these Conditions of Approval shall be construed as to waive compliance with other government agency regulations or to obtain permits from other agencies to make certain on- or off-site improvements prior to Final Map recordation , grading permit issuance, building permit issuance, or certificate of occupancy as required. This review may result in conditions determined by the reviewing agency.

At all times during the effective period of this Permit, the Applicant and any affiliated responsible party shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the construction, maintenance, and operation of the authorized activity.

3. Utilities. All new utilities and utility runs shall be underground , or fee payment in-lieu subject to the satisfaction of the City Engineer.

4. Signage. All proposed signage associated with the Project must comply with Article 66 (Sign Ordinance) of the Escondido Zoning Code . Separate sign permits will be required for Project signage. All non - conforming signs shall be removed. The Applicant shall submit with any sign permit graphic/list of all signs to be removed and retained, along with any new signage proposed.

5. Noise. All Project generated noise shall conform to the City’s Noise Ordinance (Ordinance 90-08).

6. Lighting. All exterior lighting shall conform to the requirements of Article 35 (Outdoor Lighting Ordinance) of the Escondido Zoning Code.

7. General Property Maintenance. The property owner or management company shall maintain the property in good visual and function al condition. This shall include, but not be limited to, all exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping. The Applicant shall paint and re-paint all building exteriors, accessory equipment, and utility boxes servicing the Project, as necessary to maintain clean, safe, and efficient appearances.

8. Anti-Graffiti. The Applicant shall remove all graffiti from buildings and wall surfaces within 48 hours of defacement, including all areas of the job site for when the Project is under construction.

9. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris. Cleaning shall include keeping all publicly used areas free of litter, trash, and garbage.

10. Roof, Wall, and Ground Level Equipment. All mechanical equipment shall be screened and concealed from view in accordance with Section 33-1085 of the Escondido Zoning Code.

11. Trash Enclosures. All appropriate trash enclosures or other approved trash systems shall be approved by the Planning and Engineering Division. The property owner or management company shall be responsible for ensuring that enclosures are easily assessable for garbage and recyclables collection; and that the area is managed in a clean, safe, and efficient manner. Trash enclosure covers shall be closed 44 Item5.
when not in use. Trash enclosures shall be regularly emptied. There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.

12. Staging Construction Areas. All staging areas shall be conducted on the subject property, subject to approval of the Engineering Department. Off -site staging areas, if any, shall be approved through the issuance of an off-site staging area permit/agreement.

13. Disturbance Coordinator. The Applicant shall designate and provide a point -of-contact whose responsibilities shall include overseeing the implementation of Project, compliance with Permit terms and conditions, and responding to neighborhood concerns.

14. Construction Waste Reduction, Disposal, and Recycling. Applicant shall recycle or salvage for reuse a minimum of 65% of the non -hazardous construction and demolition waste for residential projects or portions thereof in accordance with either Section 4.408.2, 4.408.3, or 4.408.4 of the California Green Building Standards Code; and/or for non -residential projects or portions thereof in accordance with either Section 5.408.1.1, 5.408.1.2, or 5.408.1.3 of the California Green Building Standards Code. In order to ensure compliance with the waste diversion goals for all residential and non-residential construction projects, the Applicant must submit appropriate documentation as described in Section 4.408.5 of the California Green Building Standards Code for residential projects or portions thereof, or Section 5.408.1.4 for non-residential projects or portions thereof, demonstrating compliance with the California Green Building Standards Code sections cited above.

15. Construction Equipment Emissions. Applicant shall incorporate measures that reduce construction and operational emissions. Prior to the City’s issuance of the demolition and grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction contractor will use a construction fleet wherein all 50-horsepower or greater diesel-powered equipment is powered with California Air Resources Board (“CARB”) certified Tier 4 Interim engines or equipment outfitted with CARB -verified diesel particulate filters. An exemption from this requirement may be granted if (i) the Applicant provides documentation demonstrating that equipment with Tier 4 Interim engines are not reasonably available, and (ii) functionally equivalent diesel PM emission totals can be achieved for the Project from other combinations of construction equipment. Before an exemption may be granted, the Applicant’s construction contractor shall demonstrate to the satisfaction of the Director of Development Services that (i) at least two construction fleet owners/operators in San Diego County were contacted and those owners/operators confirmed Tier 4 Interim equipment could not be located within San Diego County during the desired construction schedule, and (ii) the proposed rep lacement equipment has been evaluated using the California Emissions Estimator Model (“CalEEMod”) or other industry standard emission estimation method, and documentation provided to the Planning Division confirms that necessary project-generated functional equivalencies in the diesel PM emissions level are achieved.

16. Phasing. A phasing plan shall be submitted for all projects which include more than one building. The phasing plan shall identify the order in which all on- and off-site improvements will be installed, including triggers for improvements resulting from mitigation measures placed on the project through the 45 Item5.
environmental review process or required for General Plan conformance. The plan shall also identify the order in which structures will be built and occupied, the location of construction fencing at each phase of construction, and any other means necessary to prevent conflicts between construction traffic and users of the occupied buildings. The phasing plan shall be approved by the City Planner, Building Official, City Engineer and Fire Marshal prior to the issuance of a grading permit for the project. The phasing plan shall not be modified without written consent from the City of Escondido.

C. Parking and Loading/Unloading.

1. A minimum of 40 parking spaces shall be provided at all times. Said parking spaces provided by the Applicant, and any additional parking spaces provided above the required minimum amount, shall be dimensioned per City standards and be maintained in a clean, well-marked condition. The striping shall be drawn on the plans or a note shall be included indicating double-striping per City standards.

2. Parking for disabled persons shall be provided (including “Van Accessible” spaces) in full compliance with the State Building Code.

3. No contractor or employee may store, or permit to be stored, a commercial or construction vehicle/truck; or personal vehicle, truck, or other personal property on public -right-of-way or other public property without permission of the City Engineer.

D. Landscaping: The property owner or management company assumes all responsibility for maintaining all on-site landscaping; any landscaping in the public right-of-way adjacent to the property, including potted plants; and any retaining and freestanding walls in a manner that satisfies the conditions contained herein.

1. Landscaped areas shall be maintained in a flourishing manner. Appropriate irrigation shall be provided for all landscape areas and be maintained in a fully operational condition.

2. All existing planting and planter areas, including areas within the public right-of-way, shall be repaired and landscaping brought into compliance with current standards. All dead plant material shall be removed and replaced by the property owner or management company.

3. If at the time of planning final inspection that it is determined that sufficient screening is not provided, the Applicant shall be required to provide additional landscaping improvements to the satisfaction of the Planning Division.

4. The landscaped areas shall be free of all foreign matter, weeds and plant material not approved as part of the landscape plan.

5. Failure to maintain landscaping and the site in general may result in the setting of a pu blic hearing to revoke or modify the Permit approval.

46 Item5.

6. Landscaping Plans. Applicant shall install all required improvements including screening walls, retaining walls, storm improvements, and landscaping in substantial conformance to the planting and irrigation schedule as shown on the final Approved Plan set.

a. A final landscape and irrigation plan shall be submitted to the Engineering Services Department for review and approval, if meeting any of the criteria listed under Section 33-1323 of the Zoning Code. Five copies of detailed landscape and irrigation plans shall be submitted to the Engineering Services Department with the second submittal lf the grading plan. The initial submittal of the landscape plans shall include the required plan check fees, paid in accordance with the prevailing fee schedule in effect at the time of submittal. Details of Project fencing and walls, including materials and colors, shall be provided on the landscape plans. (Building permits may also be required.) The landscape and irrigation plans shall be reviewed and approved by the Planning Division and Engineering Services Department prior to issuance of grading permits, and shall be equivalent or superior to the conceptual landscape plans included as part of the Approved Plan set, to the satisfaction of the Planning Division. The required landscape and irrigation plans(s) shall comply with the provisions, requirements and standards outlined in Article 62 (Landscape Standards) of the Escondido Zoning Code, except where stricter requirements are imposed by the State of California.

b. Screening walls, retaining walls, storm improvements, and landscaping (i.e. p lanting and irrigation) is to be provided prior to final occupancy.

c. The installation of the landscaping and irrigation shall be inspected by the Project landscape architect upon completion. He/she shall complete a Certificate of Landscape Compliance certifying that the installation is in substantial compliance with the approved landscape and irrigation plans and City standards. The Applicant shall submit the Certificate of Compliance to the Planning Division and request a final inspection.

d. Any new freestanding walls and/or retaining walls shall incorporate decorative materials or finishes, and shall be indicated on the landscaping plans. (Building permits may also be required.) All freestanding walls visible from points beyond the Project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be a type satisfactory to the Director of Development Services.

e. New or retrofitted trash enclosures shall accommodate vertical climbing plants, vines with support trellis panels , clinging non-deciduous or fast growing shrubbe ry that will screen the enclosures wall surface. T he Director of Development Services shall find that the proposed landscaping design, material, or method provides approximate equ ivalence to the specific requirements of this condition or is otherwise satisfactory and complies with the intent of these provisions.
47 Item5.

E. Specific Planning Division Conditions:

1. Prior to issuance of a building permit, the Applicant shall provide updated plans for Certification per General Condition of Approval #3 – Certification reflecting the density bonus calucations as indicated in the density bonus request attached to the Planning Commission staff report, dated November 12, 2024.

2. The Applicant shall be responsible for ensuring that all mitigation measures identified in the Mitigation Monitoring and Reporting Program, included as Exhibit “ C” to Resolution No. 2024 -187, are implemented.

3. The Project shall be consistent with the incentives/concession and waivers identified in the density bonus request form attached to the Planning Commission staff report, dated November 12, 2024.*

F. Housing and Neighborhood Services Conditions:

1. Two residential units shall be deed restricted to households qualifying as low-income households, and rented at low-income rents per state policy (“Affordable Units”).

2. The Project shall provide a minimum of two dwelling units for low-income households (those earning less than 80 percent of the Area Median Income for the San Diego-Carlsbad-San Marcos MSA). Prior to issuance of a building permit, the developer shall sign a binding affordable housing agreement with the City, which will set forth the conditions and guidelines to be met in the implementation of Density Bonus Law requirements and any other applicable requirements (Within the affordable housing agreement, the developer will be responsible for annual recertification of househo ld income qualifications and compliance with rent limits). The agreement will also establish specific compliance standards and remedies available to the City upon failure by the developer to restrict units to target households for the prescribed time period (55 years for all target units as described in Government Code section 65915(c)).

Income qualified households will be monitored by the City of Escondido Housing and Neighborhood Services Division for the duration of the affordability period. Monitoring fees will be applied per the affordable housing agreement.

3. All affordability agreements shall run with the land and be binding on the applicant and its heirs, transferees, assigns, successors, administrators, executors, and other representatives, and shall be recorded against the applicable property for the requisite period of time.

4. The Affordable Units shall be constructed concurrently with, or earlier than construction of the unrestricted units. The City shall not issue building permits for more than fifty (50) percent of the unrestricted units until the City has issued building permits for all of the Affordable Units.

5. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for th e unrestricted units in the Project.
48 Item5.

6. The design, appearance, and general quality of the Affordable Units shall be consistent or compatible with the design of the total housing development in terms of appearance, materials, and finished quality.

7. The average square footage for the unrestricted units shall be approximately the same as the average square footage for the Affordable Units of the same number of bedrooms.

8. All Affordable Units shall have a bedroom unit mix consistent with Municipal Code Section 33-1417(d).

9. The Affordable Units shall be disbursed within the housing development.

10. The City shall not approve any final inspections or issue any certificates of occupancy for more than fifty (50) percent of the unrestricted units until the City has issue d certificates of occupancy for all of the Affordable Units.

G. Fire Department Conditions of Approval:

1. Fire underground lines, Fire Sprinkler, and fire alarm plans shall be deferred submittals to Escondido Fire Department.

2. Fire Department connection shall be in an approved location.

3. Fire Department access and turnaround shall be provided as per Chapter 5 of the CFC and Escondido Fire Department standards.

4. Minimum hydrant fire flow of 1500 GPM at 20 PSI shall be provided.

H. Specific Engineering Division Conditions:

GENERAL

1. The Developer shall provide the City Engineer with a Preliminary Title Report covering subject property.

2. All easements, both private and public, affecting subject property shall be shown and delineated on all plans.

3. Improvement plans prepared by a Civil Engineer are required for all public utility improvements, and shall be submitted for review through the City’s virtual plan review portal as a single package containing all items on the Engineering Initia l Submittal Checklists. Any required Landscaping Plans shall be prepared by a Landscape Architect and likewise submitted through the virtual plan review portal.

4. The location of existing utilities shall be determined by the Developer’s engineer. If a conflict occurs with the proposed project utility improvements, arrangements for relocation of the conflicting utilities/facilities shall be made with the owner of the utility/facility prior to approval of any improvement plans. This utility/facility relocation work shall be completed prior to issuance of Encroachment Permits. 49 Item5.

5. The Developer shall post securities in accordance with the City prepared Bond and Fee Letter based on a final Engineer’s Estimate of Utility Improvements Cost prepared by the project engineer. All improvements shall be completed prior to issuance of a Certificate of Occupancy.

6. All improvements shall be constructed in a manner that does not damage existing public improvements.

Any damage shall be corrected by the Developer to the satisfaction of the City Engineer.

7. Any requested gated entrances shall be approved by the City Engineer, Building Official, and the Fire Marshal.

8. Pedestrian access routes meeting current ADA requirements shall be provided into the project to the satisfaction of the City Engineer and City Building Official.

WATER SUPPLY

1. All on -site water lines and backflow prevention devices beyond the City water meter or RPDA shall be considered a private water system. The property owner shall be responsible for all maintenance of these water lines and appurtenances.

2. The Developer shall install a fire suppression sprinkler system, along with a City approved Reduced Pressure Detector Assembly Backflow (RPDA) per the satisfaction of the Fire Marshal and Utilities Engineer.

3. The location and size of water services, backflow prevention devices and sewer laterals shall be shown on the improvement plans.

4. No trees or deep-rooted bushes shall be planted within 10 feet of a public water main

5. Existing fire hydrant(s) shall meet current City of Escondido Standards.

6. Any water services to be replaced, reconnected or relocated as part of this project shall be replaced in entirety from the public water main to the public water meter to the satisfaction of the Utilities Engineer and Water Distribution Department.

7. The Developer may be responsible for an overlay of portions of the adjacent public alley due to the utility trenches necessary to serve this project. The determination of the extent of any required overlay shall be to the satisfaction of the City Engineer.

SEWER

1. Sewer laterals shall be six (6) inch PVC minimum with a standard clean -out at the right-of-way and at all angle points per standard drawing S-2-E. Sewer lateral shall be constructed per current City of Escondido Design Standards and Standard Drawings per the current Uniform Plumbing Code.

2. All sewer laterals are considered private. The property owner and/or the Home Owners Association will be responsible for all maintenance of their individual sewer lateral to the sewer main.

3. Private sewer laterals to be abandoned shall be capped and plugged at the public sewer main to the satisfaction of the Utilities Engineer and the City Inspector.

4. Connection to an existing sewer manhole will require rehabilitation of the manhole p er City Standards.

Manhole #6456 shall be relined with Raven 405 epoxy, or approved equal. The minimum lining thickness 50 Item5.
shall be 80 mils. Provide separate detail of proposed 6” lateral connection to existing manhole on improvements plans.

ALLEY DEDICATION

1. The Developer shall prepare and sign an irrevocable offer to dedicate 2’ of public right-of-way for a total of 22’ of public right-of-way along the project’s alley frontage.

FEES

1. The developer shall be required to pay all development fees of the City the n in effect at the time, and in such amounts as may prevail when building permits are issued.

*During the December 04, 2024, the City Council of the City Of Escondido did not grant the waiver for the dedication as indicated in the attachment in the Planning Commission staff report, dated November 12, 2024. 51 Item5.

Exhibit “E”
Zone Map Amendment
Pursuant to Ordinance No. 2024-16, the Escondido Citywide Zoning Map is amended to rezone the subject property to R-5 as illustrated below:
52 Item5.

Exhibit “F”
Planned Development Zone
Pursuant to Ordinance No. 2024-16, the Escondido Citywide Zoning Map is further amended to adopt a Planned Development Zone for the subject Property as illustrated below:

53 Item5.

STAFF REPORT

December 11, 2024
File Number 0650-40

SUBJECT
CERTIFICATION OF NOVEMBER 2024 GENERAL MUNICIPAL ELECTION RESULTS

DEPARTMENT
City Clerk’s Office

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-189 certifying the November 5, 2024 , City of Escondido General Municipal results; adopt Ordinance No. 2024-08 establishing a local one-cent general transaction and use (sales) tax for twenty years, to be administered by the California Department of Tax and Fee Administration, including provisions for citizens’ oversight and accountability; adopt Resolution No. 2024-190 authorizing examination of Sales or Transactions and Use Tax r ecords; adopt Resolution No. 2024-191 authorizing the Mayor to execute agreements with the California Department of Tax and Fee Administration for implementation of a local Transaction and Use Tax ; and approve all other documents required by the California Department of Tax and Fee Administration for implementation of the transaction and use (sales) tax.

Staff Recommendation: Approval (City Clerk: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
ESSENTIAL SERVICE – Yes, Police Services; Fire/EMS Services; Keep City Clean fo r Public Health and Safety; Land Use/Development; Clean Water; Sewer; Public Works/Infrastructure; Maintenance of Parks facilities/Open Space
COUNCIL PRIORITY – Eliminate Structural Deficit; Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development

FISCAL ANALYSIS
Per the San Diego County Registrar of Voters, the final cost of the 2024 General Municipal election was $336,000 (Attachment “1”).

PREVIOUS ACTION
On June 5, 2024, the City Council unanimously adopted Resolution No. 2024 -49, calling for and giving notice of the General Municipal Election on November 5, 2024 for the following elective offices: One (1) City Council Member with a four-year term to represent District Three, One (1) City Council Member with 54 Item6.

a four-year term to represent District Four, and One (1) City Treasurer with a four-year term to be elected at-large. The Council also unanimously adopted Resolution No. 2024 -50 requesting the Board of Supervisors, County of San Diego, to consolidate the City’s General Municipal Election with the Statewide General Election.

On July 10, 2024 , the City Council unanimously adopted Resolution No. 2024 -89 calling for an election submitting a proposed one -cent general transactions and use (sales) tax increase to the voters titled Measure I (Escondido Community Investment Measure); (b) and unanimously introduced Ordinance No. 2024-08 amending the Escondido Municipal Code to establish a one -cent sales tax, for twenty year s, to be administered by the California Department of Tax and Fee Administration (“CDTFA”), including provisions for citizens’ oversight and accountability.

BACKGROUND
In accordance with California Elections Code Section 10263, “The governing body shall declare elected the persons for whom the highest number of votes were cast for each office” per official results of the San Diego County Registrar of Voters (Attachment “2”) for the General Municipal Election held on November 5, 2024.

Per the California Department of Tax and Fee Administration, the City Council must approve a Preparatory Agreement (Attachment “3”), Administrative Agreement (Attachment “4”), Contact Form for Warrants (Attachment “5”), Consultant Agreement (Attachment “6”), Designation Letter (Attachment “7”), Contact Form for Notifications & Appeals (Attachment “8”), EFT Authorization Agreement (Attachment “9”) and Media and Registration Request Form (Attachment “10”) prior to December 26, 2024 in order to implement the transaction and use (sales) tax.

RESOLUTIONS
a) Resolution No. 2024-189
b) Resolution No. 2024-189—Exhibit “A” —Statewide General Election November 5, 2024, Certification
c) Resolution No. 2024-190
d) Resolution No. 2024-191
e) Resolution No. 2024-191—Exhibit “A” — CDTFA Preparatory Agreement f) Resolution No. 2024-191—Exhibit “B” — CDTFA Administrative Agreement

ORDINANCES
b) Ordinance No. 2024-08

ATTACHMENTS
55 Item6.

a) Attachment “1” —San Diego County Registrar of Voters November 5, 2024 Election Invoice
b) Attachment “2” —San Diego County Registrar of Voters November 5, 2024 Election Certification
c) Attachment “3”—CDTFA Preparatory Agreement
d) Attachment “4”—CDTFA Administrative Agreement
e) Attachment “5”—CDTFA Contact Form for Warrants
f) Attachment “6”—CDTFA Consultant Agreement
g) Attachment “7—CDTFA Designation Letter
h) Attachment “8”—CDTFA Contact Form for Notifications & Appeals i) Attachment “9”—CDTFA EFT Authorization Agreement
j) Attachment “10”—CDTFA Media and Registration Request Form

56 Item6.

RESOLUTION NO. 2024-189

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA,

RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 2024, DECLARING

THE RESULTS AND SUCH OTHER MATTERS AS

REQUIRED BY LAW

WHEREAS, a General Municipal was held and conducted in the City of Escondido, on Tuesday, November 5, 2024, as required by law; and

WHEREAS, a notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that candidates were nominated to fill the vacancies as provided by law; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and

WHEREAS, Resolution No. 2024 -49 was adopted June 5, 2024, calling for and giving notice of a General Municipal Election to be held on Tuesday, November 5, 2024; and

WHEREAS, Resolution No. 2024 -50 was adopted June 5, 2024, requesting the Board of Supervisors of the County of San Diego and the Registrar o f Voters to consolidate a General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on the same date; and

WHEREAS, Resolution No. 2024-89 was adopted on July 10, 2024, placing a ballot measure for a proposed one-cent general transactions and use (sales) tax increase to the voters titled Measure I 57 Item6.
(Escondido Community Investment Measure); and introd uced Ordinance No. 2024 -08 amending the Escondido Municipal Code to establish a one -cent sales tax, for twenty years, to be administered by the California Department of Tax and Fee Administration (CDTFA), including provisions for citizens’ oversight and accountability on the November 5, 2024, consolidated general election; and

WHEREAS, in accordance with California Elections Code Section 15400, the Official Canvass of the Returns from the General Election held on November 5, 2024, is prepared by the San Di ego County Registrar of Voters and the results are declared by the City Council as to who was elected. The official certification from the San Diego County Registrar of Voters is attached as Exhibit “A” and incorporated by this reference.

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

1. A General Municipal Election was held and conducted in the City of Escondido, on Tuesday, November 5, 2024, as required by law. The whole number of ballots cast in said City for District Three Councilmember was 9,180; that the whole number of ballots cast in District Four for Councilmember was 14,894; the whole number of ballots cast in the Citywide race for City Treasurer was 40,680; the whole number of ballots cast in the Citywide race for Measure I was 53,665;

2. That the names of persons voted for at the election by voters in the City of Escondido for District Three for Member of the City Council to represent District Three and results are as follows:
• Christian Garcia – 5,594 votes (60.94%)

• Veronica Cigarroa – 2,513 votes (27.37%)

• Christine Spencer – 1,073 votes (11.69%)

3. That the names of persons voted for at the election by voters in the City of Escondido for District Three for Member of the City Council to represent District Three and results are as follows:
58 Item6.
• Judy Fitzgerald – 10,190 votes (68.42%)

• Roderick “Rod” Howell – 4,704 votes (31.58%)

4. That the names of person voted for at the election by voters Citywide for the Office of City Treasurer and results are as follows:
• Douglas W. Shultz – 40,680 votes (100%)

5. That the positions voted for at the election by voters Citywide for the Escondido Community Investment Measure (Measure I) and results are as follows:
• Yes – 32,802 (61.12%)

• No – 20,863 (38.88%)

6. That the number of votes given at each District and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates and for and against the measures were as listed in Exhibit “A” attached.

7. The City Council does declare and determine that Christian Garcia was elected by voters in District Three as Member of the City Council for the full term of four years; Judy Fitzgerald was elected by voters in District Four as Member of the City Council for the full term of four years; Douglas W. Shultz was elected by voters in Citywide as City Treasurer for the full term of four years; and Measure I did pass.

8. That the City Clerk shall enter on the recor ds of the City Council of the City of Escondido a statement of the results of said election, showing:
• The whole number of votes cast in the City;

• The names of the persons voted for;

• For what office each person was voted for;
59 Item6.

• The total number of votes given to each person;

9. That the City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; and that the City Clerk shall cause to be administered to each person elected, the Oath of Office prescribed in the State Constitution of the State of California, and shall have them subscribe to it and file the same in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

10. That the City Clerk shall certify to the passage and adoption of the resolution; shall enter the same in the book of original resolutions of said City.

60 Item6.

Resolution No. 2024-189
Exhibit "A"

Page 1 of 17 ends

61 Item6.

Continued:

Incorporated Cities:

Carlsbad
Chula Vista
Coronado
Del Mar
El Cajon
Encinitas
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Oceanside
Poway
San Diego
San Marcos
Santee
Vista
Community College Districts:

Grossmont-Cuyamaca
MiraCosta
Palomar
San Diego
Southwestern
Unified School Districts:

Bonsall
Borrego Springs
Carlsbad
Coronado
Oceanside
Poway
Ramona
San Diego
San Marcos
Valley Center-Pauma
Vista
Warner
High School Districts:

Escondido
Fallbrook
Grossmont
Julian
San Dieguito
Sweetwater
Union/Elementary School Districts:

Alpine
Cajon Valley
Cardiff
Chula Vista
Del Mar
Dehesa
Encinitas
Escondido
Fallbrook
Lakeside
Lemon Grove
National
Rancho Santa Fe
San Ysidro
Santee
South Bay
Special Districts:

Borrego Water
Canebrake County Water
Fallbrook Community Planning Group
Grossmont Healthcare
Helix Water
Lakeside Fire Protection
Lakeside Water
Morro Hills Community Services
North County Fire Protection
Olivenhain Municipal Water
Otay Water
Padre Dam Municipal Water
Palomar Health
Pauma Valley Community Services
Rainbow Municipal Water
Rancho Santa Fe Fire Protection
South Bay Water
Sweetwater Community Planning Group
Tri-City Healthcare
Vallecitos Water
Valley Center Community Planning Group
Vista Fire Protection
Vista Irrigation
Resolution No. 2024-189
Exhibit "A"

Page 2 of 17 ends

62 Item6.

Resolution No. 2024-189
Exhibit "A"

Page 3 of 17 ends

63 Item6.

PRESIDENT AND VICE PRESIDENT
DEM - KAMALA D. HARRIS / TIM WALZ 841,372 56.93%
REP - DONALD J. TRUMP / JD VANCE 593,270 40.14%
AI - ROBERT F. KENNEDY JR. / NICOLE

SHANAHAN
16,387 1.11%
GRN - JILL STEIN / RUDOLPH WARE 14,207 0.96%
LIB - CHASE OLIVER / MIKE TER MAAT 7,487 0.51%

PF - CLAUDIA DE LA CRUZ / KARINA
GARCIA
5,063 0.34%
Peter Sonski / Lauren Onak 242 0.02%
Total 1,478,028
UNITED STATES SENATOR (Full Term)
DEM - ADAM B. SCHIFF 817,805 56.68%
REP - STEVE GARVEY 625,129 43.32%
Total 1,442,934
UNITED STATES SENATOR (Partial/Unexpired Term)
DEM - ADAM B. SCHIFF 797,127 56.61%
REP - STEVE GARVEY 610,883 43.39%
Total 1,408,010
UNITED STATES REPRESENTATIVE 48TH DISTRICT
(SAN DIEGO PORTION ONLY)
REP - DARRELL E. ISSA 142,476 59.09%
DEM - STEPHEN HOULAHAN 98,637 40.91%
Total 241,113
UNITED STATES REPRESENTATIVE 49TH DISTRICT
(SAN DIEGO PORTION ONLY)
DEM - MIKE LEVIN 137,469 56.36%
REP - MATT GUNDERSON 106,438 43.64%
Total 243,907
UNITED STATES REPRESENTATIVE 50TH DISTRICT
DEM - SCOTT PETERS 231,836 64.27%
REP - PETER J. BONO 128,859 35.73%
Total 360,695
UNITED STATES REPRESENTATIVE 51ST DISTRICT
DEM - SARA JACOBS 198,835 60.70%
REP - BILL WELLS 128,749 39.30%
Total 327,584
Registered
Voters
Turnout
Total Registration and Turnout 1,983,767 1,503,018
Mail 1,275,304
Vote Centers 227,714
UNITED STATES REPRESENTATIVE 52ND DISTRICT
DEM - JUAN VARGAS 172,217 66.31%
REP - JUSTIN LEE 87,501 33.69%
Total 259,718
STATE SENATOR 39TH DISTRICT
DEM - AKILAH WEBER 266,830 63.01%
REP - BOB DIVINE 156,616 36.99%
Total 423,446
MEMBER OF THE STATE ASSEMBLY 74TH DISTRICT
(SAN DIEGO PORTION ONLY)
DEM - CHRIS DUNCAN 65,972 54.78%
REP - LAURIE DAVIES 54,457 45.22%
Total 120,429
MEMBER OF THE STATE ASSEMBLY 75TH DISTRICT
REP - CARL DEMAIO 121,167 57.02%
REP - ANDREW HAYES 91,337 42.98%
Total 212,504
MEMBER OF THE STATE ASSEMBLY 76TH DISTRICT
DEM - DARSHANA PATEL 113,242 54.03%
REP - KRISTIE BRUCE-LANE 96,358 45.97%
Total 209,600
MEMBER OF THE STATE ASSEMBLY 77TH DISTRICT
DEM - TASHA BOERNER 154,202 60.43%
REP - JAMES BROWNE 100,954 39.57%
Total 255,156
MEMBER OF THE STATE ASSEMBLY 78TH DISTRICT
DEM - CHRIS WARD 175,178 100.00%
Total 175,178
MEMBER OF THE STATE ASSEMBLY 79TH DISTRICT
DEM - LASHAE SHARP-COLLINS 79,215 54.03%
DEM - COLIN PARENT 67,390 45.97%
Total 146,605
MEMBER OF THE STATE ASSEMBLY 80TH DISTRICT
DEM - DAVID A. ALVAREZ 113,768 60.97%
REP - MICHAEL W. WILLIAMS 72,836 39.03%
Total 186,604
COUNTY BOARD OF EDUCATION 1ST DISTRICT
GREGG ROBINSON 198,977 100.00%
Total 198,977
Printed: Tuesday, December 3, 2024 12:47 PM Page 1 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 4 of 17 ends

64 Item6.

COUNTY BOARD OF EDUCATION 2ND DISTRICT
GUADALUPE GONZÁLEZ 167,698 100.00%
Total 167,698
COUNTY BOARD OF EDUCATION 4TH DISTRICT
ERIN EVANS 174,253 68.29%
SARAH SONG 80,916 31.71%
Total 255,169

GROSSMONT-CUYAMACA COMMUNITY COLLEGE

DISTRICT GOVERNING BOARD MEMBER TRUSTEE
AREA 4
ELENA ADAMS 22,448 50.67%
LEE QUINN 21,851 49.33%
Total 44,299

MIRACOSTA COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
5 ANN CROSBIE 16,353 66.34%
ALEXANDER THOMAS WELLS III 8,297 33.66%
Total 24,650

PALOMAR COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
2 YVETTE MARIE ACOSTA 22,512 52.68%
EDWARD POHLERT 20,221 47.32%
Total 42,733

PALOMAR COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
4 HOLLY M. HAMILTON-BLEAKLEY 40,092 57.88%
MICHELLE RAINS 19,798 28.58%
AMI ADMIRE 9,376 13.54%
Total 69,266

SAN DIEGO COMMUNITY COLLEGE DISTRICT

MEMBER, BOARD OF TRUSTEES DISTRICT D
MARIAH JAMESON 50,032 74.93%
ANDREW GOMEZ II 16,740 25.07%
Total 66,772

SOUTHWESTERN COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
2 KRISTINE "KRIS" GALICIA BROWN 17,966 59.48%
ERIKA LOWERY 12,239 40.52%
Total 30,205

BONSALL UNIFIED SCHOOL DISTRICT GOVERNING

BOARD MEMBER TRUSTEE AREA E
ERIC ORTEGA 798 54.88%
LINDSAY JONES 656 45.12%
Total 1,454

BORREGO SPRINGS UNIFIED SCHOOL DISTRICT

GOVERNING BOARD MEMBER
Vote For 3
MARTHA DEICHLER 1,084 41.36%
STEVE DUNN 529 20.18%
STEVE RIEHLE 511 19.50%
PETER KELLNER 497 18.96%
Total 2,621

CARLSBAD UNIFIED SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
2 ALISON EMERY 4,780 62.80%
JEN BELNAP 2,832 37.20%
Total 7,612

CARLSBAD UNIFIED SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
3 LAURA SIAOSI 4,556 52.89%
EJEHAN TURKER 4,058 47.11%
Total 8,614

CORONADO UNIFIED SCHOOL DISTRICT

GOVERNING BOARD MEMBER
Vote For 2
RENEE CAVANAUGH 4,339 30.97%
FITZHUGH "FITZ" LEE 4,137 29.53%
BILL SANDKE 3,096 22.10%
SHAWNEE BARTON MERRIMAN 2,438 17.40%
Total 14,010

OCEANSIDE UNIFIED SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
2 ELEANOR EVANS 6,178 51.51%
EMILY ORTIZ WICHMANN 5,815 48.49%
Total 11,993

OCEANSIDE UNIFIED SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
5 MIKE BLESSING 6,354 53.44%
ROSIE HIGUERA 5,536 46.56%
Total 11,890
Printed: Tuesday, December 3, 2024 12:47 PM Page 2 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 5 of 17 ends

65 Item6.

POWAY UNIFIED SCHOOL DISTRICT GOVERNING

BOARD MEMBER TRUSTEE AREA A
TIM DOUGHERTY 10,063 55.09%
DEVESH VASHISHTHA 8,205 44.91%
Total 18,268

POWAY UNIFIED SCHOOL DISTRICT GOVERNING

BOARD MEMBER TRUSTEE AREA E
DAVID CHENG 6,528 38.34%
CRAIG POND 6,386 37.51%
CINDY SYTSMA 4,111 24.15%
Total 17,025

RAMONA UNIFIED SCHOOL DISTRICT GOVERNING
BOARD MEMBER TRUSTEE AREA NO. 3
DAWN PERFECT 2,141 60.89%
STEPHANIE COOTER 1,375 39.11%
Total 3,516

RAMONA UNIFIED SCHOOL DISTRICT GOVERNING
BOARD MEMBER TRUSTEE AREA NO. 4
DARYN DRUM 2,423 63.53%
JOHN RAJCIC 1,391 36.47%
Total 3,814

SAN DIEGO UNIFIED SCHOOL DISTRICT MEMBER,

BOARD OF EDUCATION DISTRICT A
SABRINA BAZZO 40,289 50.93%
CRYSTAL TRULL 38,818 49.07%
Total 79,107

SAN DIEGO UNIFIED SCHOOL DISTRICT MEMBER,

BOARD OF EDUCATION DISTRICT D
RICHARD BARRERA 64,671 100.00%
Total 64,671

SAN DIEGO UNIFIED SCHOOL DISTRICT MEMBER,

BOARD OF EDUCATION DISTRICT E
SHARON D. WHITEHURST-PAYNE 49,166 100.00%
Total 49,166

SAN MARCOS UNIFIED SCHOOL DISTRICT

GOVERNING BOARD MEMBER TRUSTEE AREA A
HEIDI HERRICK 7,047 56.04%
CARLOS ULLOA 5,527 43.96%
Total 12,574

SAN MARCOS UNIFIED SCHOOL DISTRICT

GOVERNING BOARD MEMBER TRUSTEE AREA B
SARAH AHMAD 7,096 58.98%
BRITTANY BOWER 4,935 41.02%
Total 12,031

SAN MARCOS UNIFIED SCHOOL DISTRICT

GOVERNING BOARD MEMBER TRUSTEE AREA D
LENA LAUER MEUM 5,949 58.77%
JAIME CHAMBERLIN 4,174 41.23%
Total 10,123

VISTA UNIFIED SCHOOL DISTRICT GOVERNING
BOARD MEMBER TRUSTEE AREA NO. 1
MIKE MARKOV 6,728 51.91%
AMANDA "MANDY" REMMEN 6,234 48.09%
Total 12,962

VISTA UNIFIED SCHOOL DISTRICT GOVERNING
BOARD MEMBER TRUSTEE AREA NO. 4
CIPRIANO VARGAS 3,371 39.06%
FRANK NUNEZ 3,075 35.63%
ZULEMA GOMEZ 2,184 25.31%
Total 8,630

VISTA UNIFIED SCHOOL DISTRICT GOVERNING
BOARD MEMBER TRUSTEE AREA NO. 5
SUE MARTIN 9,540 60.39%
ANTHONY "TJ" CROSSMAN 6,258 39.61%
Total 15,798

WARNER UNIFIED SCHOOL DISTRICT GOVERNING

BOARD MEMBER
Vote For 3
MELISSA KROGH 603 27.41%
MELODY SEES 544 24.73%
GENE DOXEY 533 24.23%
DEBORAH CASTEEL 520 23.64%
Total 2,200

ESCONDIDO UNION HIGH SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
3 CHRISTI KNIGHT 7,538 65.36%
CLAY BROWN 3,995 34.64%
Total 11,533
Printed: Tuesday, December 3, 2024 12:47 PM Page 3 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 6 of 17 ends

66 Item6.

ESCONDIDO UNION HIGH SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
4 RYAN S. WILLIAMS 7,848 64.66%
DARA CZERWONKA 4,289 35.34%
Total 12,137

FALLBROOK UNION HIGH SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
4 OSCAR CARALAMPIO 1,721 60.07%
JOSHUA TILLER 1,144 39.93%
Total 2,865

GROSSMONT UNION HIGH SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
1 CHRIS FITE 13,923 43.30%
RANDALL DEAR 10,485 32.61%
DEBRA HARRINGTON 4,614 14.35%
AZURE CHRISAWN 3,132 9.74%
Total 32,154

GROSSMONT UNION HIGH SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
2 SCOTT ECKERT 14,768 36.64%
JAY STEIGER 13,645 33.85%
JIM STIERINGER 7,980 19.80%
MARSHA J. CHRISTMAN 3,914 9.71%
Total 40,307

JULIAN UNION HIGH SCHOOL DISTRICT

GOVERNING BOARD MEMBER
Vote For 2
BRITNI A MUSHET 986 30.37%
MIKE CHARLONNE 738 22.73%
ERIK FLEET 612 18.85%
CAROL M. FRAUSTO 581 17.89%
ADRYENN CANTOR 330 10.16%
Total 3,247

SAN DIEGUITO UNION HIGH SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
2 JODIE WILLIAMS 10,126 51.22%
KELLY FRIIS 9,643 48.78%
Total 19,769

SAN DIEGUITO UNION HIGH SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
4 MICHAEL ALLMAN 8,990 51.12%
KEVIN SABELLICO 8,595 48.88%
Total 17,585

SWEETWATER UNION HIGH SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA 2
ADRIAN E. ARANCIBIA 21,226 56.72%
ANGELICA S. MARTINEZ 16,195 43.28%
Total 37,421

SWEETWATER UNION HIGH SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA 4
RODOLFO "RUDY" LOPEZ 19,192 62.68%
OLGA ESPINOZA 11,426 37.32%
Total 30,618

ALPINE UNION SCHOOL DISTRICT GOVERNING

BOARD MEMBER
Vote For 2
ERIKA SIMMONS 5,814 38.34%
TRAVIS LYON 5,355 35.31%
CEE GOULD 2,313 15.25%
JOSEPH PERRICONE 1,682 11.09%
Total 15,164

CAJON VALLEY UNION SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
3 (Short Term)
EMILY "LILY" SCHWORM 3,895 59.66%
DINA POLUS 2,634 40.34%
Total 6,529

CAJON VALLEY UNION SCHOOL DISTRICT
GOVERNING BOARD MEMBER TRUSTEE AREA NO.
5 JIM MILLER 6,888 47.02%
ODAY YOUSIF 4,355 29.73%
ALEX WELLING 3,407 23.26%
Total 14,650

CARDIFF SCHOOL DISTRICT GOVERNING BOARD
MEMBER
Vote For 2
RHEA STEWART 2,997 33.69%
RICHARD BROCCHINI 2,958 33.25%
NANCY ORR 2,941 33.06%
Total 8,896

CHULA VISTA ELEMENTARY SCHOOL DISTRICT
GOVERNING BOARD MEMBER SEAT NO. 2
LUCY UGARTE 80,824 69.85%
SHARMANE ESTOLANO 34,885 30.15%
Total 115,709
Printed: Tuesday, December 3, 2024 12:47 PM Page 4 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 7 of 17 ends

67 Item6.

CHULA VISTA ELEMENTARY SCHOOL DISTRICT
GOVERNING BOARD MEMBER SEAT NO. 4
FRANCISCO TAMAYO 34,227 29.61%
KATE BISHOP 27,681 23.94%
TANYA WILLIAMS 26,232 22.69%
JESUS F. PARTIDA 15,977 13.82%
ZENITH KHAN 11,491 9.94%
Total 115,608

DEL MAR UNION SCHOOL DISTRICT GOVERNING

BOARD MEMBER
Vote For 2
GEE WAH MOK 10,885 33.88%
BILL PORTER 9,445 29.40%
DANIELLE ROYBAL 6,700 20.85%
HELEN DOYLE 5,101 15.88%
Total 32,131

DEL MAR UNION SCHOOL DISTRICT GOVERNING
BOARD MEMBER (Short Term)
ALAN SCOTT KHOLOS 12,805 66.98%
GENEVIEVE OKADA GOLDSTONE 6,312 33.02%
Total 19,117

ENCINITAS UNION SCHOOL DISTRICT GOVERNING

BOARD MEMBER
Vote For 2
MONICA LEE 19,951 35.22%
MARLON TAYLOR 18,466 32.60%
JILLIAN COCAYNE 18,232 32.18%
Total 56,649

ENCINITAS UNION SCHOOL DISTRICT GOVERNING
BOARD MEMBER (Short Term)
TOM MORTON 19,053 51.36%
AIMEE SPROUL 18,042 48.64%
Total 37,095

ESCONDIDO UNION SCHOOL DISTRICT GOVERNING
BOARD MEMBER TRUSTEE AREA NO. 3
MARK OLSON 6,563 53.16%
JUAN MANUEL VARGAS 5,783 46.84%
Total 12,346

FALLBROOK UNION ELEMENTARY SCHOOL

DISTRICT GOVERNING BOARD MEMBER TRUSTEE
AREA NO. 2
LIEF HANSEN 1,481 69.30%
LESLIE SOMMERS 656 30.70%
Total 2,137

FALLBROOK UNION ELEMENTARY SCHOOL

DISTRICT GOVERNING BOARD MEMBER TRUSTEE
AREA NO. 4 (Short Term)
MARIA G. MORAN 3,228 50.56%
CONSTANCE FISH 3,156 49.44%
Total 6,384

LAKESIDE UNION SCHOOL DISTRICT GOVERNING
BOARD MEMBER TRUSTEE AREA NO. 2
AUTUMN ELLENSON 2,957 75.24%
TWILA GODLEY 973 24.76%
Total 3,930

NATIONAL SCHOOL DISTRICT GOVERNING BOARD
MEMBER
Vote For 2
CINDY LOPEZ 6,400 30.46%
MICHELLE GATES 5,841 27.80%
MARIA MIRANDA 4,544 21.63%
ROCINA LIZARRAGA 4,223 20.10%
Total 21,008

RANCHO SANTA FE SCHOOL DISTRICT GOVERNING

BOARD MEMBER
Vote For 3
KAREN "KATE" BUTLER 1,511 21.62%
KERRY VINCI 1,395 19.96%
ANNETTE ROSS 1,230 17.60%
MARIA LUONI 742 10.62%
VICTORIA GAMBLE 737 10.55%
JANICE LEE HOLOWKA 720 10.30%
KAREN ESCHRICH 653 9.34%
Total 6,988

SAN YSIDRO SCHOOL DISTRICT GOVERNING

BOARD MEMBER
Vote For 2
ANTONIO MARTINEZ 6,444 37.95%
KENIA PERAZA 3,555 20.94%
JOSE MANUEL DIRCIO 2,319 13.66%
YVETTE OLEA 1,834 10.80%
MARTIN ARIAS 1,646 9.69%
ROSALEAH PALLASIGUE 1,183 6.97%
Total 16,981

SANTEE SCHOOL DISTRICT GOVERNING BOARD
MEMBER SEAT NO. 4
TRACIE THILL 16,446 59.94%
MONIQUE SILVER 10,992 40.06%
Total 27,438
Printed: Tuesday, December 3, 2024 12:47 PM Page 5 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 8 of 17 ends

68 Item6.

SOUTH BAY UNION SCHOOL DISTRICT GOVERNING
BOARD MEMBER TRUSTEE AREA NO. 4 (Short Term)
MANUEL "MANNY" ESPARZA 2,448 57.84%
LIZBETH BECERRA 1,784 42.16%
Total 4,232
MEMBER, BOARD OF SUPERVISORS DISTRICT NO.
1 NORA VARGAS 127,708 62.46%
ALEJANDRO GALICIA 76,761 37.54%
Total 204,469
MEMBER, BOARD OF SUPERVISORS DISTRICT NO.
2 JOEL ANDERSON 155,232 59.81%
GINA JACOBS 104,326 40.19%
Total 259,558
MEMBER, BOARD OF SUPERVISORS DISTRICT NO.
3 TERRA LAWSON-REMER 178,781 56.98%
KEVIN L. FAULCONER 134,991 43.02%
Total 313,772

CITY OF CARLSBAD MEMBER, CITY COUNCIL
DISTRICT NO. 2
KEVIN SHIN 8,414 58.14%
TYLER COLLINS 6,057 41.86%
Total 14,471

CITY OF CARLSBAD MEMBER, CITY COUNCIL
DISTRICT NO. 4
TERESA ACOSTA 9,380 55.53%
GREG DAY 7,511 44.47%
Total 16,891
CITY OF CARLSBAD TREASURER (Short Term)
CHRISTIAN PEACOX 14,877 28.16%
THOMAS KROUSE, JR. 13,506 25.56%
GREGORIO KAHN 12,931 24.47%
MICHAEL J. WILLIAMS 11,521 21.81%
Total 52,835

CITY OF CHULA VISTA MEMBER, CITY COUNCIL
DISTRICT NO. 3
MICHAEL INZUNZA 18,508 68.58%
LETICIA MUNGUIA 8,478 31.42%
Total 26,986

CITY OF CHULA VISTA MEMBER, CITY COUNCIL
DISTRICT NO. 4
CESAR FERNANDEZ 13,401 60.75%
RUDY RAMIREZ 8,659 39.25%
Total 22,060

CITY OF CORONADO MAYOR
JOHN DUNCAN 4,124 45.50%
CASEY TANAKA 3,819 42.13%
MIKE DONOVAN 1,121 12.37%
Total 9,064

CITY OF CORONADO MEMBER, CITY COUNCIL
Vote For 2
MARK FLEMING 3,524 22.57%
AMY STEWARD 3,093 19.81%
LAURA WILKINSON SINTON 3,013 19.30%
MARK WARNER 2,555 16.37%
CHRISTINE MOTT 2,187 14.01%
ANDREW GADE 1,240 7.94%
Total 15,612

CITY OF DEL MAR MEMBER, CITY COUNCIL
Vote For 3
TRACY MARTINEZ 1,633 39.56%
JOHN W. SPELICH 1,380 33.43%
DANIEL QUIRK 1,115 27.01%
Total 4,128

CITY OF EL CAJON MEMBER, CITY COUNCIL
DISTRICT NO. 2
MICHELLE METSCHEL 4,636 100.00%
Total 4,636

CITY OF EL CAJON MEMBER, CITY COUNCIL
DISTRICT NO. 3
STEVE GOBLE 5,754 66.95%
COURTNEY HALL 2,840 33.05%
Total 8,594

CITY OF EL CAJON MEMBER, CITY COUNCIL
DISTRICT NO. 4
PHIL ORTIZ 4,823 100.00%
Total 4,823

CITY OF ENCINITAS MAYOR
BRUCE EHLERS 18,311 52.39%
TONY KRANZ 16,638 47.61%
Total 34,949
Printed: Tuesday, December 3, 2024 12:47 PM Page 6 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 9 of 17 ends

69 Item6.

CITY OF ENCINITAS MEMBER, CITY COUNCIL
DISTRICT NO. 1
LUKE SHAFFER 5,329 57.00%
ALLISON BLACKWELL 4,020 43.00%
Total 9,349

CITY OF ENCINITAS MEMBER, CITY COUNCIL
DISTRICT NO. 2
JIM O'HARA 4,109 55.47%
DESTINY PRESTON 3,298 44.53%
Total 7,407

CITY OF ESCONDIDO MEMBER, CITY COUNCIL
DISTRICT NO. 3
CHRISTIAN GARCIA 5,594 60.94%
VERONICA CIGARROA 2,513 27.37%
CHRISTINE SPENCER 1,073 11.69%
Total 9,180

CITY OF ESCONDIDO MEMBER, CITY COUNCIL
DISTRICT NO. 4
JUDY FITZGERALD 10,190 68.42%
RODERICK "ROD" HOWELL 4,704 31.58%
Total 14,894

CITY OF ESCONDIDO TREASURER
DOUGLAS W. SHULTZ 40,680 100.00%
Total 40,680

CITY OF IMPERIAL BEACH MEMBER, CITY COUNCIL
DISTRICT NO. 2
JOHN "JACK" FISHER 1,076 42.56%
MARTIN "MARTY" MATTES 799 31.61%
BEN SWEARINGEN 653 25.83%
Total 2,528

CITY OF IMPERIAL BEACH MEMBER, CITY COUNCIL
DISTRICT NO. 4
MATTHEW LEYBA-GONZALEZ 1,061 68.28%
LINDA KAYE 493 31.72%
Total 1,554

CITY OF LA MESA MEMBER, CITY COUNCIL
Vote For 2
LAUREN CAZARES 12,587 32.22%
GENEVIEVE SUZUKI 11,984 30.68%
KRISTINE C. ALESSIO 11,238 28.77%
SHAWN TOWNSEND 3,253 8.33%
Total 39,062

CITY OF LEMON GROVE MAYOR
ALYSSON SNOW 4,059 39.77%
LIANA LEBARON 3,087 30.25%
RACQUEL VASQUEZ 3,059 29.98%
Total 10,205

CITY OF LEMON GROVE MEMBER, CITY COUNCIL
Vote For 2
JESSYKA HEREDIA 4,494 29.13%
SITIVI "STEVE" FAIAI 4,051 26.26%
GEORGE GASTIL 3,757 24.35%
SETH SMITH 3,127 20.27%
Total 15,429

CITY OF NATIONAL CITY MEMBER, CITY COUNCIL
DISTRICT NO. 2
JOSE RODRIGUEZ 2,578 73.32%
RANDI CASTLE-SALGADO 938 26.68%
Total 3,516

CITY OF NATIONAL CITY MEMBER, CITY COUNCIL
DISTRICT NO. 4
MARCUS BUSH 1,736 43.77%
VICTOR M. ARREOLA 1,509 38.05%
DANIEL PEREZ 721 18.18%
Total 3,966

CITY OF OCEANSIDE MAYOR
ESTHER SANCHEZ 39,100 50.15%
RYAN KEIM 38,868 49.85%
Total 77,968

CITY OF OCEANSIDE MEMBER, CITY COUNCIL
DISTRICT NO. 3
JIMMY FIGUEROA 10,250 47.53%
LAURA BASSETT 8,804 40.82%
TOM DEMOOY 1,679 7.79%
AUSTIN SORENSEN 833 3.86%
Total 21,566

CITY OF OCEANSIDE MEMBER, CITY COUNCIL
DISTRICT NO. 4
PETER WEISS 8,995 45.15%
AMBER KAE NIUATOA 5,810 29.16%
OMAR HASHIMI 5,119 25.69%
Total 19,924

CITY OF OCEANSIDE CITY CLERK
ZEB NAVARRO 62,004 100.00%
Total 62,004
Printed: Tuesday, December 3, 2024 12:47 PM Page 7 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 10 of 17 ends

70 Item6.

CITY OF OCEANSIDE TREASURER
PHYLLIS DOMINGUEZ 24,843 35.32%
VICTOR ROY 23,849 33.90%
JACK FERNANDES 21,654 30.78%
Total 70,346

CITY OF POWAY MEMBER, CITY COUNCIL DISTRICT
NO. 2
TONY BLAIN 2,783 37.84%
VANESSA SPRINGETT 2,515 34.19%
JARED WILSON 2,057 27.97%
Total 7,355

CITY OF POWAY MEMBER, CITY COUNCIL DISTRICT
NO. 4
JENNY C. MAEDA 2,463 50.12%
CAYLIN FRANK 2,451 49.88%
Total 4,914

CITY OF SAN DIEGO MAYOR
TODD GLORIA 317,015 55.35%
LARRY TURNER 255,782 44.65%
Total 572,797

CITY OF SAN DIEGO MEMBER, CITY COUNCIL
DISTRICT NO. 3
STEPHEN WHITBURN 38,344 57.53%
COLEEN CUSACK 28,303 42.47%
Total 66,647

CITY OF SAN DIEGO MEMBER, CITY COUNCIL
DISTRICT NO. 9
SEAN ELO-RIVERA 28,106 60.71%
TERRY HOSKINS 18,189 39.29%
Total 46,295

CITY OF SAN DIEGO CITY ATTORNEY
HEATHER FERBERT 282,912 56.83%
BRIAN MAIENSCHEIN 214,872 43.17%
Total 497,784

CITY OF SAN MARCOS MEMBER, CITY COUNCIL
DISTRICT NO. 3
DANIELLE LEBLANG 5,552 57.09%
ALAN GERACI 4,173 42.91%
Total 9,725

CITY OF SAN MARCOS MEMBER, CITY COUNCIL
DISTRICT NO. 4
ED MUSGROVE 6,846 64.49%
NATASHA ZANDER HILMES 3,769 35.51%
Total 10,615

CITY OF SANTEE MAYOR
JOHN W. MINTO 20,733 77.80%
KELLI L. O'BRIEN 5,917 22.20%
Total 26,650

CITY OF SANTEE MEMBER, CITY COUNCIL
DISTRICT NO. 3
LAURA KOVAL 5,317 100.00%
Total 5,317

CITY OF SANTEE MEMBER, CITY COUNCIL
DISTRICT NO. 4
DUSTIN TROTTER 4,342 62.36%
AUGIE SCALZITTI 2,621 37.64%
Total 6,963

CITY OF VISTA MEMBER, CITY COUNCIL DISTRICT
NO. 2
JEFF FOX 6,047 62.35%
ANTHONY WHITE 3,651 37.65%
Total 9,698

CITY OF VISTA MEMBER, CITY COUNCIL DISTRICT
NO. 3
KATIE MELENDEZ 4,323 55.32%
DENISSE BARRAGAN 3,492 44.68%
Total 7,815

BORREGO WATER DISTRICT MEMBER, BOARD OF

DIRECTORS
Vote For 2
MARTHA DEICHLER 738 37.98%
TAMMY BAKER 505 25.99%
DIANE E. JOHNSON 418 21.51%
PETER KELLNER 282 14.51%
Total 1,943

CANEBRAKE COUNTY WATER DISTRICT MEMBER,

BOARD OF DIRECTORS
Vote For 2
CHRISTOPHER MACDONALD 14 43.75%
MARSHA CAMPBELL 12 37.50%
JERALD BUCHEIT 6 18.75%
Total 32
Printed: Tuesday, December 3, 2024 12:47 PM Page 8 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 11 of 17 ends

71 Item6.

FALLBROOK COMMUNITY PLANNING GROUP

MEMBER, PLANNING GROUP
Vote For 8
ALDO ALVIDRES 11,590 12.14%
ROSS PIKE 11,305 11.84%
THOMAS GERALD HARRINGTON IV 11,146 11.68%
ROY MOOSA 10,448 10.95%
STEPHANI BAXTER 9,922 10.40%
KATHLEEN "KATHIE" MORRIS 9,413 9.86%
LEE J. DE MEO 9,068 9.50%
JIM LOGE 8,786 9.21%
MARK MERVICH 7,946 8.33%
MARK HOYE 5,818 6.10%
Total 95,442

GROSSMONT HEALTHCARE DISTRICT MEMBER,
BOARD OF DIRECTORS ZONE NO. 3
NADIA FARJOOD 23,515 55.69%
BRENDA MILLER 18,711 44.31%
Total 42,226

HELIX WATER DISTRICT MEMBER, BOARD OF
DIRECTORS DIVISION NO. 3
MARK A. GRACYK 12,434 65.25%
JEANETTE ERICKSON 6,622 34.75%
Total 19,056

LAKESIDE FIRE PROTECTION DISTRICT MEMBER,
BOARD OF DIRECTORS DIVISION NO. 3
JAMES BINGHAM 5,217 83.82%
SANDRA DEAKINS 1,007 16.18%
Total 6,224

LAKESIDE WATER DISTRICT MEMBER, BOARD OF
DIRECTORS DIVISION NO. 4
STEVE ROBAK 1,609 67.98%
JEANNE SWARINGEN 758 32.02%
Total 2,367

MORRO HILLS COMMUNITY SERVICES DISTRICT

MEMBER, BOARD OF DIRECTORS
Vote For 3
JEFF WALKER 354 28.80%
THOMAS HARRINGTON III 278 22.62%
JEANINE ROSKOS 228 18.55%
BILL WEBER 189 15.38%
CHARLENE WEBER 180 14.65%
Total 1,229

NORTH COUNTY FIRE PROTECTION DISTRICT
MEMBER, BOARD OF DIRECTORS DIVISION NO. 1
ROSS PIKE 1,559 73.43%
JEANETTE BARRAGAN 564 26.57%
Total 2,123

NORTH COUNTY FIRE PROTECTION DISTRICT
MEMBER, BOARD OF DIRECTORS DIVISION NO. 4
JEFF EGKAN 4,801 74.03%
JOHN VAN DOORN 1,684 25.97%
Total 6,485

NORTH COUNTY FIRE PROTECTION DISTRICT
MEMBER, BOARD OF DIRECTORS DIVISION NO. 5
MARK BARTHOLOMEW 4,684 80.23%
SHEILA A. LANCASTER 1,154 19.77%
Total 5,838

OLIVENHAIN MUNICIPAL WATER DISTRICT
MEMBER, BOARD OF DIRECTORS DIVISION NO. 2
SCOTT MALONI 4,481 58.31%
ERIC K. ARMSTRONG 1,752 22.80%
GREG BARTH 865 11.26%
ERIC T. ANDERSON 587 7.64%
Total 7,685

OLIVENHAIN MUNICIPAL WATER DISTRICT
MEMBER, BOARD OF DIRECTORS DIVISION NO. 5
NEAL MEYERS 3,968 54.48%
CHRIS CIEPLEY 3,315 45.52%
Total 7,283

OTAY WATER DISTRICT MEMBER, BOARD OF
DIRECTORS DIVISION NO. 2
DELFINA GONZALEZ 9,537 58.08%
RYAN KEYES 6,883 41.92%
Total 16,420

OTAY WATER DISTRICT MEMBER, BOARD OF
DIRECTORS DIVISION NO. 5
MARK ROBAK 12,161 58.36%
GREGORY J MARTINEZ 8,676 41.64%
Total 20,837

PADRE DAM MUNICIPAL WATER DISTRICT
MEMBER, BOARD OF DIRECTORS DIVISION NO. 2
SUZANNE TILL 6,447 61.56%
ROBERT "BOB" T. LLOYD SR. 4,026 38.44%
Total 10,473
Printed: Tuesday, December 3, 2024 12:47 PM Page 9 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 12 of 17 ends

72 Item6.

PADRE DAM MUNICIPAL WATER DISTRICT
MEMBER, BOARD OF DIRECTORS DIVISION NO. 4
KIM HALES 5,708 55.75%
IVAN ANDUJAR 4,530 44.25%
Total 10,238

PALOMAR HEALTH MEMBER, BOARD OF
DIRECTORS DIVISION NO. 4
ABBI L. JAHAASKI 10,051 65.31%
LAURA BARRY 5,339 34.69%
Total 15,390

PALOMAR HEALTH MEMBER, BOARD OF
DIRECTORS DIVISION NO. 6
JEFF GRIFFITH 17,683 61.65%
JOE MUGA 9,524 33.20%
GAURAV DHIMAN 1,477 5.15%
Total 28,684

PAUMA VALLEY COMMUNITY SERVICES DISTRICT
MEMBER, BOARD OF DIRECTORS (Short Term)
Vote For 2
LOLO LEVY 271 43.57%
MICHAEL ESPARZA 202 32.48%
BILL COLLIER 149 23.95%
Total 622

RAINBOW MUNICIPAL WATER DISTRICT MEMBER,
BOARD OF DIRECTORS DIVISION NO. 1
LISA HOFFMAN 1,136 52.40%
JULIE JOHNSON 1,032 47.60%
Total 2,168

RAINBOW MUNICIPAL WATER DISTRICT MEMBER,
BOARD OF DIRECTORS DIVISION NO. 3 (Short Term)
GREG IRVINE 1,585 57.24%
CARI DALE 1,184 42.76%
Total 2,769

RANCHO SANTA FE FIRE PROTECTION DISTRICT

MEMBER, BOARD OF DIRECTORS
Vote For 3
NANCY C. HILLGREN 8,089 21.23%
JAMES H. ASHCRAFT 6,826 17.91%
KEVIN BARNARD 6,617 17.36%
ANDREW KRYNEN 5,538 14.53%
RANDALL MALIN 5,528 14.51%
DOUGLAS DILL 5,511 14.46%
Total 38,109

SOUTH BAY WATER DISTRICT MEMBER, BOARD OF
DIRECTORS DIVISION NO. 5
ELIZABETH COX 5,105 52.95%
JOSIE CALDERON - SCOTT 4,537 47.05%
Total 9,642

SWEETWATER COMMUNITY PLANNING GROUP

MEMBER, PLANNING GROUP
Vote For 8
PATTY O'MARA 3,367 15.27%
JUDITH A. TIEBER 2,607 11.82%
MICHAEL GARROD 2,487 11.28%
FELIX M. FELIX 2,433 11.03%
ELIZABETH LEE STONEHOUSE 2,359 10.70%
PENNI WILSON-NEELY 2,308 10.46%
MARK KUKUCHEK 2,288 10.37%
UWE WERNER 2,178 9.88%
STEPHEN STONEHOUSE 2,028 9.20%
Total 22,055

TRI-CITY HEALTHCARE DISTRICT MEMBER, BOARD
OF DIRECTORS ZONE NO. 1
ADELA IRMA SANCHEZ 16,538 65.77%
ALLEN L NEWSOME 8,609 34.23%
Total 25,147

TRI-CITY HEALTHCARE DISTRICT MEMBER, BOARD
OF DIRECTORS ZONE NO. 5
SHEILA BROWN 15,263 62.12%
AARON J. BYZAK 9,307 37.88%
Total 24,570

TRI-CITY HEALTHCARE DISTRICT MEMBER, BOARD
OF DIRECTORS ZONE NO. 7
NINA CHAYA 16,840 62.63%
VALERIE MITCHELL 10,046 37.37%
Total 26,886

VALLECITOS WATER DISTRICT MEMBER, BOARD
OF DIRECTORS DIVISION NO. 4
JENNIFER KERSCHBAUM 6,354 58.53%
ERIK A. GROSET 4,502 41.47%
Total 10,856

VALLECITOS WATER DISTRICT MEMBER, BOARD
OF DIRECTORS DIVISION NO. 5
TIFFANY BOYD-HODGSON 6,065 61.19%
HENRY "WALLY" SIMPSON 3,846 38.81%
Total 9,911
Printed: Tuesday, December 3, 2024 12:47 PM Page 10 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 13 of 17 ends

73 Item6.

VALLEY CENTER COMMUNITY PLANNING GROUP

MEMBER, PLANNING GROUP
Vote For 8
DELORES CHAVEZ HARMES 5,495 11.35%
DORI RATTRAY 4,639 9.58%
KAREN A. LIEBER 4,514 9.32%
BOB LITTLEJOHN 4,494 9.28%
S. MICHELLE BOTHOF 4,430 9.15%
MARY HOPE L. HODSON 4,268 8.81%
CHRISTOPHER "CHRIS" BARBER 4,025 8.31%
TOM J. STINSON 4,012 8.29%
LISA ADAMS 3,568 7.37%
RANDY LIUAG 3,266 6.75%
PATRICK MALLOY 2,955 6.10%
ANDREW NOLL 2,752 5.68%
Total 48,418

VISTA FIRE PROTECTION DISTRICT MEMBER,

BOARD OF DIRECTORS DIVISION B
ROB FOUGNER 1,496 75.98%
RICHARD TILCH 473 24.02%
Total 1,969

VISTA IRRIGATION DISTRICT MEMBER, BOARD OF
DIRECTORS DIVISION NO. 2
BYRON L. OLSON 4,856 70.86%
KAREN M. WILCOX 1,997 29.14%
Total 6,853

VISTA IRRIGATION DISTRICT MEMBER, BOARD OF
DIRECTORS DIVISION NO. 5
JO MACKENZIE 5,983 65.98%
BILL HARD 3,085 34.02%
Total 9,068
PROP 2 - PUBLIC SCHOOL AND COMMUNITY
COLLEGE FACILITIES BONDS - Majority-Required to
pass
YES 783,150 55.63%
NO 624,625 44.37%
Total 1,407,775
PROP 3 - RIGHT TO MARRIAGE CONSTITUTIONAL
AMENDMENT - Majority-Required to pass
YES 929,477 65.57%
NO 488,011 34.43%
Total 1,417,488
PROP 4 - SAFE DRINKING WATER, WILDFIRE
PREVENTION AND CLIMATE RISK BONDS - Majority-
Required to pass
YES 811,585 57.27%
NO 605,458 42.73%
Total 1,417,043
PROP 5 - AFFORDABLE HOUSING AND PUBLIC
INFRASTRUCTURE BONDS - 55% Required to pass
NO 806,241 57.58%
YES 594,029 42.42%
Total 1,400,270
PROP 6 - ELIMINATES INVOLUNTARY SERVITUDE
FOR INCARCERATED PERSONS - Majority-Required to
pass
NO 756,244 54.64%
YES 627,728 45.36%
Total 1,383,972
PROP 32 - RAISES MINIMUM WAGE - Majority-
Required to pass
NO 761,603 53.51%
YES 661,731 46.49%
Total 1,423,334
PROP 33 - EXPANDS LOCAL AUTHORITY TO ENACT
RENT CONTROL - Majority-Required to pass
NO 835,944 59.98%
YES 557,730 40.02%
Total 1,393,674
PROP 34 - RESTRICTS SPENDING OF

PRESCRIPTION DRUG REVENUES BY CERTAIN
HEALTH CARE PROVIDERS - Majority-Required to
pass
YES 736,187 55.00%
NO 602,270 45.00%
Total 1,338,457
PROP 35 - PERMANENT FUNDING FOR MEDI-CAL
HEALTH CARE SERVICES - Majority-Required to pass
YES 908,009 65.77%
NO 472,535 34.23%
Total 1,380,544
PROP 36 - ALLOWS FELONY CHARGES AND

INCREASES SENTENCES FOR CERTAIN CRIMES -
Majority-Required to pass
YES 912,939 65.27%
NO 485,821 34.73%
Total 1,398,760
Printed: Tuesday, December 3, 2024 12:47 PM Page 11 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 14 of 17 ends

74 Item6.

COUNTY OF SAN DIEGO - MEASURE G - Majority-
Required to pass
NO 701,639 50.46%
YES 688,922 49.54%
Total 1,390,561
CITY OF CARLSBAD - MEASURE B - Majority-Required
to pass
YES 32,759 53.06%
NO 28,981 46.94%
Total 61,740
CITY OF CHULA VISTA - MEASURE P - Majority-
Required to pass
YES 81,009 73.40%
NO 29,361 26.60%
Total 110,370
CITY OF DEL MAR - MEASURE M - Majority-Required
to pass
YES 1,866 71.52%
NO 743 28.48%
Total 2,609
CITY OF DEL MAR - MEASURE A - Majority-Required to
pass
YES 1,652 66.24%
NO 842 33.76%
Total 2,494
CITY OF EL CAJON - MEASURE J - Majority-Required
to pass
YES 22,631 67.97%
NO 10,663 32.03%
Total 33,294
CITY OF ENCINITAS - MEASURE K - Majority-Required
to pass
NO 18,884 51.91%
YES 17,492 48.09%
Total 36,376
CITY OF ESCONDIDO - MEASURE I - Majority-
Required to pass
YES 32,802 61.12%
NO 20,863 38.88%
Total 53,665
CITY OF LA MESA - MEASURE L - Majority-Required to
pass
YES 23,073 81.37%
NO 5,284 18.63%
Total 28,357
CITY OF LEMON GROVE - MEASURE T - Majority-
Required to pass
YES 7,503 71.59%
NO 2,977 28.41%
Total 10,480
CITY OF NATIONAL CITY - MEASURE R - Majority-
Required to pass
NO 10,145 66.15%
YES 5,192 33.85%
Total 15,337
CITY OF OCEANSIDE - MEASURE X - Majority-
Required to pass
YES 55,360 69.67%
NO 24,104 30.33%
Total 79,464
CITY OF POWAY - MEASURE H - Majority-Required to
pass
NO 17,880 68.66%
YES 8,163 31.34%
Total 26,043
CITY OF SAN DIEGO - MEASURE C - Majority-
Required to pass
YES 264,086 67.47%
NO 127,314 32.53%
Total 391,400
CITY OF SAN DIEGO - MEASURE D - Majority-
Required to pass
YES 375,039 72.32%
NO 143,549 27.68%
Total 518,588
CITY OF SAN DIEGO - MEASURE E - Majority-Required
to pass
NO 288,446 50.31%
YES 284,940 49.69%
Total 573,386
Printed: Tuesday, December 3, 2024 12:47 PM Page 12 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 15 of 17 ends

75 Item6.

CITY OF SAN MARCOS - MEASURE Q - Majority-
Required to pass
YES 24,411 60.44%
NO 15,977 39.56%
Total 40,388
CITY OF SANTEE - MEASURE S - Majority-Required to
pass
NO 14,992 52.30%
YES 13,675 47.70%
Total 28,667

SAN DIEGO COMMUNITY COLLEGE DISTRICT -
MEASURE HH - 55% Required to pass
BONDS - YES 256,983 60.64%
BONDS - NO 166,782 39.36%
Total 423,765

SOUTHWESTERN COMMUNITY COLLEGE DISTRICT
- MEASURE SW - 55% Required to pass
BONDS - YES 108,970 59.03%
BONDS - NO 75,636 40.97%
Total 184,606

BONSALL UNIFIED SCHOOL DISTRICT - MEASURE V
- 55% Required to pass
BONDS - NO 5,536 51.96%
BONDS - YES 5,119 48.04%
Total 10,655

RAMONA UNIFIED SCHOOL DISTRICT - MEASURE
GG - 55% Required to pass
BONDS - NO 10,139 54.51%
BONDS - YES 8,460 45.49%
Total 18,599

SAN MARCOS UNIFIED SCHOOL DISTRICT -
MEASURE JJ - 55% Required to pass
BONDS - YES 32,919 57.77%
BONDS - NO 24,064 42.23%
Total 56,983

VALLEY CENTER-PAUMA UNIFIED SCHOOL
DISTRICT - MEASURE SS - 55% Required to pass
BONDS - NO 7,243 53.00%
BONDS - YES 6,422 47.00%
Total 13,665

WARNER UNIFIED SCHOOL DISTRICT - MEASURE
TT - 55% Required to pass
BONDS - YES 716 63.36%
BONDS - NO 414 36.64%
Total 1,130

FALLBROOK UNION HIGH SCHOOL DISTRICT -
MEASURE BB - 55% Required to pass
BONDS - NO 10,870 50.25%
BONDS - YES 10,761 49.75%
Total 21,631

SWEETWATER UNION HIGH SCHOOL DISTRICT -
MEASURE RR - 55% Required to pass
BONDS - YES 107,629 61.14%
BONDS - NO 68,400 38.86%
Total 176,029

ALPINE UNION SCHOOL DISTRICT - MEASURE U -
55% Required to pass
BONDS - NO 6,356 60.63%
BONDS - YES 4,127 39.37%
Total 10,483

CAJON VALLEY UNION SCHOOL DISTRICT -
MEASURE W - 55% Required to pass
BONDS - YES 31,992 52.30%
BONDS - NO 29,182 47.70%
Total 61,174

CHULA VISTA ELEMENTARY SCHOOL DISTRICT -
MEASURE AA - 55% Required to pass
BONDS - YES 76,517 61.72%
BONDS - NO 47,459 38.28%
Total 123,976
DEHESA SCHOOL DISTRICT - MEASURE Y - 55%
Required to pass
BONDS - NO 774 60.28%
BONDS - YES 510 39.72%
Total 1,284

ENCINITAS UNION SCHOOL DISTRICT - MEASURE Z
- 55% Required to pass
BONDS - YES 24,167 56.84%
BONDS - NO 18,347 43.16%
Total 42,514
Printed: Tuesday, December 3, 2024 12:47 PM Page 13 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 16 of 17 ends

76 Item6.

LEMON GROVE SCHOOL DISTRICT - MEASURE CC -
55% Required to pass
BONDS - YES 8,445 62.54%
BONDS - NO 5,058 37.46%
Total 13,503

LEMON GROVE SCHOOL DISTRICT - MEASURE EE -
55% Required to pass
BONDS - YES 8,743 64.49%
BONDS - NO 4,814 35.51%
Total 13,557

SAN YSIDRO SCHOOL DISTRICT - MEASURE KK -
55% Required to pass
BONDS - YES 3,554 63.91%
BONDS - NO 2,007 36.09%
Total 5,561

SAN YSIDRO SCHOOL DISTRICT - MEASURE LL -
55% Required to pass
BONDS - YES 3,537 63.36%
BONDS - NO 2,045 36.64%
Total 5,582

SAN YSIDRO SCHOOL DISTRICT - MEASURE MM -
55% Required to pass
BONDS - YES 4,977 77.95%
BONDS - NO 1,408 22.05%
Total 6,385
SANTEE SCHOOL DISTRICT - MEASURE NN - 55%
Required to pass
BONDS - YES 15,580 52.38%
BONDS - NO 14,167 47.62%
Total 29,747

SOUTH BAY UNION SCHOOL DISTRICT - MEASURE
PP - 55% Required to pass
BONDS - YES 16,034 66.00%
BONDS - NO 8,259 34.00%
Total 24,293

SOUTH BAY UNION SCHOOL DISTRICT - MEASURE
QQ - 55% Required to pass
BONDS - YES 16,523 67.64%
BONDS - NO 7,906 32.36%
Total 24,429
Printed: Tuesday, December 3, 2024 12:47 PM Page 14 of 14 Presidential General Election
County of San Diego
November 5, 2024
Official Results
(San Diego Portion Only)
Resolution No. 2024-189
Exhibit "A"

Page 17 of 17 ends

77 Item6.

RESOLUTION NO. 2024-190

A RESOLUTION OF THE CITY OF ESCONDIDO,

CALIFORNIA, AUTHORIZING EXAMINATION OF SALES

OR TRANSACTIONS AND USE TAXES RECORDS

WHEREAS, pursuant to Ordinance Number 2024 -08 of the City of Escondido and Revenue and Taxation Code section 7270, the City of Escondido (“City”) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functi ons incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Escondido (“City Council”) deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.

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

Section 1. That the City Manager, City Attorney, City Clerk, Deputy City Manager, Director of Finance, and Director of Economic Development, or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed 78 Item6.
to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City transactions and use taxes by the Department pursuant to that contract.

Section 3. That Hinderliter, de Llamas and Associates is hereby designated to exami ne the sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also incl uded in the contract between the City and Hinderliter, de Llamas and Associates:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired. 79 Item6.

BE IT FURTHER RESOLVED that the information obta ined by examination of Department records shall be used only for purposes related to the collection of City transactions and use taxes by the Department pursuant to the contract between the City and the Department.

Section 4. That Hinderliter, de Llamas a nd Associates is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to any petition or appeal for the reallocation/redistribution of sales or transactions and use taxes that was filed by Hinderliter, de Llamas and Associates on behalf of the City pursuant to the contract between the Hinderliter, de Llamas and Associates and City. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the Hinderliter, de Llamas and Associates:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

Section 5. That this resolution supersedes all prior resolutions of the City Council adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.

80 Item6.

Introduced, approved and adopted this 11th day of December 2024.

ATTEST: (s) ___________________________
Zack Beck, City Clerk

I, Zack Beck, City Clerk of the City of Escondido, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council of the City of Escondido, at a regular meeting of said City Council held on the 11th day of December, 2024, by the following roll-call vote:

Ayes: Mayor Dane White, Deputy Mayor Christian Garica, Councilmember Consuelo Martinez, Councilmember Michael Morasco, Councilmember Joe Garcia

Noes:

Absent:

(s)________________________________
Zack Beck, City Clerk

81 Item6.

RESOLUTION NO. 2024-191

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, AGREEMENTS

WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE

ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL

TRANSACTIONS AND USE TAX

WHEREAS, on December 11, 2024, the City Council adopted Ordinance No. 2024-08 amending the City Municipal Code and providing for local transactions and use tax; and WHEREAS, the California Department of Tax and Fee Administration (“Department”) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administrative Agreement” prior to implementation of said taxes, and WHEREAS, the Department requires that the City Council authorize the agreements.

NOW, TH EREFORE BE IT RESOLVED by the City Council of the City of Escondido that the “Preparatory Agreement” attached as Exhibit “A” and the “Administrative Agreement” attached as Exhibit “B” are hereby approved and the Mayor is hereby authorized to execute each agreement.

* * * * * *

82 Item6.

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Escondido held on December 11, 2024, by the following vote, to wit:

AYES: Mayor Dane White, Deputy Mayor Christian Garc ia, Councilmember Consuelo Martinez, Councilmember Michael Morasco, Councilmember Joe Garcia NOES:

ABSENT:

DATED: December 11, 2024

ATTEST: (s) (s)
Zack Beck, City Clerk Dane White, Mayor

83 Item6.

Resolution No. 2024-191
Exhibit “A”

Page 1 of 2 ends

1 (Rev. 07/24)

AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE

In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Escondido, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:

1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.

3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The bil lings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.

6. The amount to be paid by City for the Department's preparatory costs sh all not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)

84 Item6.

Resolution No. 2024-191
Exhibit “A”

Page 2 of 2 ends

2 (Rev. 07/24)

7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027

Attention: Administrator
Local Revenue Branch

Communications and notices to be sent to City shall be addressed to:

Zack Beck, City Clerk

201 N. Broadway, Escondido, CA 92025

[email protected]

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to admini ster City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.

CITY OF ESCONDIDO CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION

By By
Administrator
Local Revenue Branch
Dane White
Date: _______________________________

Mayor

Date: December 11, 2024
85 Item6.

Resolution No. 2024-191
Exhibit “B”

Page 1 of 7 ends

(Rev. 7/24) 1

AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES

The City Council of the City of Escondido has adopted, and the voters of the City of Escondido (hereafter called “City” or “District”) have approved by the required majority vote, the City of Escondido Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration , (hereinafter called the “Department”) and the City do agree as follows:

ARTICLE I

DEFINITIONS

Unless the context requires otherw ise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:

1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7251, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. 2024-08, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES

A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.

86 Item6.

Resolution No. 2024-191
Exhibit “B”

Page 2 of 7 ends

(Rev. 7/24) 2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

C. Transmittal of money.

1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.

D. Rules. The Department shall pr escribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.

87 Item6.

Resolution No. 2024-191
Exhibit “B”

Page 3 of 7 ends

(Rev. 7/24) 3
F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

ARTICLE III

ALLOCATION OF TAX

A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:

88 Item6.

Resolution No. 2024-191
Exhibit “B”

Page 4 of 7 ends

(Rev. 7/24) 4

1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the add ress of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.

ARTICLE IV

COMPENSATION

The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

ARTICLE V

MISCELLANEOUS PROVISIONS

A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.

89 Item6.

Resolution No. 2024-191
Exhibit “B”

Page 5 of 7 ends

(Rev. 7/24) 5
Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027

Attention: Administrator
Local Revenue Branch

Communications and notices to be sent to City shall be addressed to:

Zack Beck, City Clerk

201 N. Broadway, Escondido, CA 92025

[email protected]

Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is approved by the Department of General S ervices. The Agreement shall take effect on December 11, 2024 . This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal.

90 Item6.

Resolution No. 2024-191
Exhibit “B”

Page 6 of 7 ends

(Rev. 7/24) 6

ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID

A. Impoundment of funds.

1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of t he judgment of the trial court in the litigation awarding costs and fees becoming final and non - appealable.

B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:

1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount o f any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.

4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and 91 Item6.

Resolution No. 2024-191
Exhibit “B”

Page 7 of 7 ends

(Rev. 7/24) 7
developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

CITY OF ESCONDIDO CALIFORNIA STATE DEPARTMENT OF

TAX AND FEE ADMINISTRATION

By By
Administrator
Local Revenue Branch
Dane White
Date: _______________________________

Mayor

December 11, 2024

92 Item6.

ORDINANCE NO. 2024-08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, ADDING CHAPTER 25,
ARTICLE 2, DIVISION 2, S ECTION 25-33.1 THROUGH 25-

33.14 TO THE ESCONDIDO MUNICIPAL CODE TO

ESTABLISH A ONE -CENT GENERAL TRANSACTIONS AND

USE (SALES) TAX TO BE ADMINISTERED BY THE

CALIFORNIA DEPARTMENT OF TAX AND FEE

ADMINISTRATION INCLUDING PROVISIONS FOR
CITIZENS’ OVERSIGHT AND ACCOUNTABILITY

The City Council of the City of Escondido, California does ordain as follows:

SECTION 1. Title.

This measure measure shall be known as the “Escondido Community Investment Measure” (the “Measure”). The City of Escondido hereinafter shall be called “City.” This Measure shall be applicable in the incorporated territory of the City.

Section 2. Purpose.

The purpose of this measure is to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transaction and use tax, in accordance with the provisions of Par t 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code. This Measure shall be operative if a majority vote of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transaction and use tax measure that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Pa rt 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax measure that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least 93 Item6.

possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collect ing California State Sales and Use Taxes.

D. To adopt a retail transaction and use tax measure that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of the Measure.

E. To provide transactions and use tax revenue for unrestricted general revenue purposes, and not specific purposes. All the proceeds from the tax imposed by this Measure shall be placed in the City’s general fund and be available for any legal municipal purpose.

Section 3. Code Amendment.

The Escondido Municipal Code is hereby revised to add Chapter 25, Article 2, Division 2, Sections 25-33.1 through 25-33.14, as set forth below, thereby enacting a local transaction and use tax within the City of Escondido to be administered by the California Department of Tax and Fee Administration:

CHAPTER 25, ARTICLE 2, DIVISION 2. ONE CENT SALES TAX.

Section 25-33.1. Transactions and Use Tax Imposition Rate.

A. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1 percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the Operative Date of this Division.

B. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the Operative Date of this Division for storage, use or other consumption in said territory at the rate of 1 percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

94 Item6.

Section 25-33.2. Operative Date.
“Operative Date” means the first day of the first calendar quarter commencing more than 110 days after the approval of the voters of the City of a measure approving the imposition of the transactions and use tax set forth herein, unless a later Operative Date becomes effective unde r the provisions of Section 25-

33.4. Section 25-33.3. Termination Date.

The authority to levy the tax imposed by this Division shall expire twenty (20) years after the Operative Date.

Section 25-33.4. Contract with California Department of Tax and Fee Administration.

Prior to the Operative Date, City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this Division; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the Operative Date, it shall nevertheless so contract, and in such a case the Operative Date shall be the first day of the first calendar quarter following the effective date of such a contract.

Section 25-33.5. Place of Sale.

For the purposes of this Division, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out -of-state destination or to a common carrier for delivery to an out -of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which deliv ery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

Section 25-33.6. Adoption of Provisions of State Law.

Except as otherwise provided in this Division and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 95 Item6.

(commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Division as though fully set forth herein.

Section 25-33.7. Limitations on Adoption of State Law and Collections of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word “State” is used as part of the title of the State Controller, State Treasurer, Victim Compensation and Government Claims Board, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action be taken by or against this City or any agency, office, or employee thereof, rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Division.

3. In those sections, including but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
96 Item6.

B. The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 and in the definition of that phrase in Section 6203.

Section 25-33.8. Permit Not Required.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this Division.

Section 25-33.9. Exemptions and Exclusions.

A. There shall be excluded from this Division of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state - administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft license in compliance with Section 21411 of the Pub lic Utilities Code, and undocumented vessels registered under Chapter 2 of Division

3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out- 97 Item6.

of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out - of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the Operative Date of this Division.

4. A lease of tangible personal property whi ch is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the Operative Date of this Division.

5. For the purposes of subsections (B)(3) and (B)(4) of thi s section, the sale or lease of tangible personal property shall be deemed to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this Division, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject t o a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as co mmon carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. This exemption is in addition to the exemptions p rovided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the Operative Date of this Division. 98 Item6.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the Operative Date of this Division.

5. For the purposes of subsections (C)(3) and (C)(4) of this section, storage, use, or other consumption, or possession of, or exercise or any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subsections (C)(7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within th e City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsi diary, or person in the City under the authority of the retailer.

7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this Division may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumptions of which is subject to the use tax.

Section 25-33.10. Amendments to Revenue and Taxation Code. 99 Item6.

All amendments subsequent to the Operative Date of this Division to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsiste nt with Part 1.6 and Part

1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Division; provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Division.

Section 25-33.11. Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or the City, or against any officer of the state or the City, to prevent or enjoin the collection under this Division, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

Section 25-33.12. Amendments by City Council.

The following amendments to this Division must be approved by the voters of the City: terminating the tax, increasing or decreasing the tax rate; revising the methodology for calculating the tax, such that a tax increase would result; or, imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of law). The City Council may otherwise amend this Division without submitting the amendment to the voters for approval.

Section 25-33.13. Use of Proceeds.

The proceeds from the tax imposed by this Division shall be for unrestricted general revenue purposes of the City and shall be received into the general fund of the City. Nothing in this Division shall constitute the tax imposed under this Division as a special tax, or bind the City to use the proceeds for any specific purpose or function; the City Council shall retain discretion to expend the proceeds of the tax for any lawful purpose of the City.

Section 25-33.14. Citizens’ Oversight and Accountability.

A. Purpose. The purpose of the Citizens’ Oversight Committee is to ensure citizen participation, open discussion, and accountability regarding the use of the revenue generated under this Division. 100
Item6.

B. Establishment. A Citizens’ Oversight Committee (“Committee”) is hereby established to oversee revenues received by the City from the transaction and use tax imposed pursuant to this Division, and to ensure that tax revenues are used by the City in a manner consistent with the voter approved measure adopting this Division.

C. Appointment and Composition of Committee Members.

1. The Citizens’ Oversight Committee shall consist of five (5) members, as follows:
a. One (1) member shall be a current serving Officer of the Escondido Police Officers Association, as selected by the Association’s Board of Directors. b. One (1) member shall be a current serving Officer of the Escondido Firefighters Association, as selected by the Association’s Board of Directors. c. Three (3) members shall be appointed by the City Council, as follows:
i. One (1) member shall be active in a business organization representing the business community located in the City.
ii. One (1) member shall be a representative of the San Diego County Taxpayers Association. In the case that a member of the San Diego County Taxpayers Association cannot be identified to serve on the Committee, solicitation for representation of a bona -fide taxpayers association shall be opened to the broader community.
iii. One (1) member shall be of the community at-large.

2. The City Council shall also appoint one (1) alternate member who will serve only when quorum is not met without his or her participation.

3. If no representative is able and willing to serve on the Committee in any of the appointment categories specified in subsection (1), the City Council shall have the discretion to appoint a member of the community at-large to fill that Committee position. 101
Item6.

4. Upon their appointment and during their incumbency, members of the Committee shall be and r emain residents of the incorporated territory of the City. Current and past employees, officials or vendors shall be eligible to serve on the Committee, provided that there are no conflicts of interest as determined by the City Attorney.

5. Candidates for Com mittee membership pursuant to subsection (1)(c) shall be solicited through an open application process that is promoted through a broad-based recruitment process. Any resident of the incorporated territory of the City of voting age is eligible to apply for Committee membership, subject to the appointment categories specified in subsection (1)(c). All applications will be reviewed by the City Council, who will collectively have the authority to make all final decisions on committee membership.

D. Terms of Service; Vacancies.

1. Members of the Committee shall be appointed for terms of two (2) years. No committee member shall serve more than three (3) consecutive terms.

2. Committee members whose terms expire shall continue to serve until their successor is appointed and qualified. If a vacancy occurs other than by expiration of a term, it shall be filled by appointment for the unexpired portion of the term.

3. Should a member of the Committee fail to attend two (2) consecutive regular meetings, unless excused for cause by the chairperson, that member’s service shall be deemed vacant and the member’s term ended. The Committee secretary shall immediately notify the City Council of such termination.

4. Committee members shall serve at the pleasure of the City Council and may be removed in the sole determination, with or without cause, notice, hearing or appeal, by the City Council.

5. All Committee members’ terms will end when the Escondido Community Investment Measure terminates pursuant to Section 25-33.3.

E. Meetings; Officers; Rules of Procedure; Quorum.

1. The Committee may adopt rules and regulations to govern proceedings and shall set a time for regular meetings which shall be held at least bi-annually. 102
Item6.

2. The Committee shall elect a chairperson, vice -chairperson and secreta ry. Their respective duties shall be as are usually carried out by such officers. In the chairperson, vice-chairperson or secretary’s absence or disability, the Committee may designate a chairperson, vice - chairperson or secretary pro tempore. Officers shal l hold office for one year and until their successors are elected.

3. A majority of the committee shall constitute a quorum for the transaction of business.

4. Committee meetings are subject to all open-meeting laws, and must be noticed and open to the public. Committee minutes and reports are a matter of public record and must be made available to the public in the manner provided by law.

5. Orientation and training is mandatory for all new committee members. Each committee member shall attend such orientation and training prior to their first regular committee meeting.

F. Powers and Duties.

1. The Citizens’ Oversight Committee shall review the revenue collected pursuant to this Division and provide an audit report on the use of that revenue to the City Council at least a nnually, no later than ninety (90) days following the conclusion of each fiscal year. The Committee shall confine its oversight specifically to revenues generated under this Division.

2. The City Manager or his or her designee shall provide any reasonable adm inistrative or technical assistance required by the Committee to fulfill its responsibilities or publicize its findings.

Section 4. Effective Date.

This Measure shall be binding and effective immediately, upon approval by a simple majority of the voters voting on the question at an election called for that purpose.

Section 5. Severability.

If any provision of this Measure or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applicat ions of the Measure which can be given effect 103
Item6.

without the invalid provision or application, and to this end the provisions of this Measure are severable.

The people of the City of Escondido hereby declare that they would have passed the Measure irrespective of the invalidity of any particular portion thereof and intend that the invalid portions should be severed and the balance of the Measure be enforced.

Section 6. Inconsistent Provisions.

If any provision of this Measure conflicts with other provisions contained in the Escondido Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, the provisions of the Measure shall supersede any other conflicting provision.

Section 7. Conflicts with State and Federal Law.

The provisions of this Measure shall not apply to the extent that they would violate state or federal laws.

104
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CITY OF ESCONDIDO SUMMARY OF ORDINANCES INTRODUCED 07-10-2024:

Ord. 2024-08 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, ADDING CHAPTER 25, ARTICLE 2, DIVISION 2, SECTION 25 -33.1 THROUGH 25 - 33.14 TO THE

ESCONDIDO MUNICIPAL CODE TO ESTABLISH A ONE- CENT GENERAL TRANSACTIONS AND USE (SALES) TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION INCLUDING PROVISIONS FOR CITIZENS’ OVERSIGHT AND ACCOUNTABILITY

The full text of the foregoing Ordinance is available at the City Clerk’s office.

Zack Beck
City Clerk

Docusign Envelope ID: 755E5E9A-9DBD-4D14-88FC-7A41D9117B0C 105
Item6.

BILL TO: City of Escondido Invoice No: 4198
201 North Broadway Invoice Date: October 24, 2024
Escondido, CA 92025-2709 Due Date: November 23, 2024
ATTN: City Clerk Terms: 30 days
Amount
ESCONDIDO - City Treasurer $95,000.00
ESCONDIDO - District #3 $18,000.00
ESCONDIDO - District #4 $23,000.00
ESCONDIDO - Measure I $200,000.00
*An itemized Invoice will be provided after the election (anticipated to be April 2025) 336,000$
Please make check payable to: County of San Diego
Project: 1014501
Registrar of Voters Org: 47485
5600 Overland Ave., Ste. 100 Fund: 61324-Trust
San Diego, CA 92123 Account: 80100
ATTN: Accounting
61-90 days
> 90 day
s TOTAL
$336,000.00
For questions, please email [email protected] TOTAL AMOUNT DUE For ROV Purposes Only
M
ail To:
0-30 days 31-60 days
Advance Deposit Invoice*
5600 Overland Ave., Ste. 100, San Diego, CA 92123-1266
Telephone: (858) 565-5800 Toll-free: 1 (800) 696-0136 TDD: (858) 694-3441 Web Address: www.sdvote.com
Description
November 5, 2024 Presidential Primary Election
City of Escondido
Attachment "1"
106
Item6.

REGISTRAR OF VOTERS
County Operations Center Campus
5600 Overland Avenue, Suite 100, San Diego, California 92123-1 278 Telephone: (858) 565-5800 Toll-free: 1 (800) 696-0136 TTY / TDD: (800) 735-2929 Facsimile: (858) 505-7294 Web Address: www.sdvote.com CYNTHIA L. PAES
Registrar of Voters
SHAWN K. BROM
Assistant Registrar of Voters
D
ecember 3, 2024
TO
: Andrew Potter
Clerk of the Board of Supervisors
F
ROM: Cynthia L. Paes
Registrar of Voters
STATEWIDE GENERAL ELECTION NOVEMBER 5, 2024, CERTIFICATION E
nclosed are the certified results for the following election:

J
urisdiction: Statewide General Election
E
lection Date: November 5, 2024
P
lease contact my staff at (858) 505-7210 if you have any questions regarding this matter.

E
nclosure: Election Results
c:

Supervisor Nora Vargas, Chair
Supervisor Terra Lawson-Remer, Vice Chair
Supervisor Joel Anderson
Supervisor Monica Montgomery Steppe
Supervisor Jim Desmond
Ebony N. Shelton, Chief Administrative Officer
Caroline Smith, Assistant Chief Administrative Officer
Brian Albright, Deputy CAO, Finance & General Government Group County Board of Education
LUEG, Community Groups
Attachment "2"
107
Item6.

Continued:

Incorporated Cities:

Carlsbad
Chula Vista
Coronado
Del Mar
El Cajon
Encinitas
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Oceanside
Poway
San Diego
San Marcos
Santee
Vista
Community College Districts:

Grossmont-Cuyamaca
MiraCosta
Palomar
San Diego
Southwestern
Unified School Districts:

Bonsall
Borrego Springs
Carlsbad
Coronado
Oceanside
Poway
Ramona
San Diego
San Marcos
Valley Center-Pauma
Vista
Warner
High School Districts:

Escondido
Fallbrook
Grossmont
Julian
San Dieguito
Sweetwater

Union/Elementary School Districts:

Alpine
Cajon Valley
Cardiff
Chula Vista
Del Mar
Dehesa
Encinitas
Escondido
Fallbrook
Lakeside
Lemon Grove
National
Rancho Santa Fe
San Ysidro
Santee
South Bay
Special Districts:

Attachment "2"
108
Item6.

Attachment "2"
109
Item6.