Agenda packet — Escondido City Council, December 16, 2024

CITY of ESCONDIDO

Council Special Meeting - 4pm
MONDAY, DECEMBER 16, 2024
4:00 PM - City Council Special Meeting
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
Consuelo Martinez (District 1)

COUNCILMEMBERS
Joe Garcia (District 2)
Christian Garcia (District 3)
Judy Fitzgerald (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 Monday, December 16, 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 Monday, December 16, 2024

CITY COUNCIL
4:00 PM – Special Meeting

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 remar ks 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: Fitzgerald, C. Garcia, J. Garcia, Martinez, White

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

CURRENT BUSINESS

1. RATIFICATION OF THE CITY MANAGER’S DECLARATION OF A LOCAL EMERGENCY CONCERNING CONDITIONS IN THE HARMONY GROVE CREEK BED AREA (PROCLAMATION NO. 2024-03 Request the City Council Adopt Resolution No. 2024 -192 ratifying the City Manager’s Proclamation No. 2024-03, issued on Dec ember 15, 2024, relating to conditions of a local emergency in and around the Harmony Grove Creek Bed Area arising from encampments and unauthorized persons loitering in the area; and
Approve a budget adjustment transferring $4,000,000 from General Fund Re serves to a new Harmony Grove Remediation account (Account No. NEW-229), primarily for funding of a perimeter fence to prevent unauthorized entry.

Staff Recommendation: Adopt Resolution No. 2024-192 and approve the budget adjustment. 3 Monday, December 16, 2024

Presenter: Christopher W. McKinney, Deputy City Manager ESSENTIAL SERVICE – Yes, Police Services; Fire/EMS Services; Keep City Clean for Public Health and Safety; Land Use/Development; Clean Water; Sewer; Maintenance of Parks facilities/Open Spaces COUNCIL PRIORITY –Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido
a) Resolution No. 2024-192

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

4 STAFF REPORT

December 16, 2024
File Number

SUBJECT
RATIFICATION OF THE CITY MANAGER’S DECLARATION OF A LOCAL EMERGENCY CONCERNING CONDITIONS IN THE HARMONY GROVE CREEK BED AREA (PROCLAMATION NO. 2024-03)

DEPARTMENT
City Manager

REQUEST
Staff recommend the City Council:

1. Adopt Resolution No. 2024-192 ratifying the City Manager’s Proclamation No. 2024-03, issued on December 15, 2024, relating to conditions of a local emergency in and around the Harmony Grove Creek Bed Area arising from encampments and unauthorized persons loitering in the area; and

2. Approve a budget adjustment transferring $4,000,000 from General Fund Reserves to a new Harmony Gro ve Remediation account ( Account No. NEW -229), primarily for funding of a perimeter fence to prevent unauthorized entry.

Staff Recommendation: Adopt Resolution No. 2024-192 and approve the budget adjustment.

FISCAL ANALYSIS
If the City Manager’s emergency proclamation is ratified and the budget adjustment is approved, $4,000,000 will be transferred from General Fund Reserves into a new account titled Harmony Grove Remediation. These funds will be used to cover: equipment costs for the removal and proper disposal of debris left after the removal of unauthorized persons; the cost of installing a fence around the perimeter of the Harmony Grove Creek Bed; and a portion of the future cost of removing invasive plant species from the Harmony Grove Creek Bed. Staff are seeking quotes for the cost of installing the perimeter fence and expect that the majority of the requested funds will be spent on this project. 5 Item1.

PREVIOUS ACTION
There has been n o previous City Council Action . On December 15, 2024, the City Manager issued Proclamation No. 2024-03 declaring a local emergency.

BACKGROUND

The City Manager, in consultation with the City’s Police Department, Fire Department, and Public Works Department, determined that conditions of a disaster and imminent risk to the safety of persons and property exist within the City of Escondido as a result of encampments and unauthorized persons in and around an area known as the Harmony Grove Creek Bed (“Harmony Grove Creek Bed Area”). This area is generally bounded by Harmony Grove Road, Citracado Parkway, and a stretch of area including the Hale Avenue Resource Recovery Facility (“HARRF”), the Green Tree Mobile Homes Estates Mobile Home Park, and the Church of God in the City of Escondido.

Recent water quality test results show elevated bacteria populations in Escondido Creek in the Harmony Grove Creek Bed Area. For example, Coliform bacteria populations are 2 to 3 times higher than generally acceptable standards for safe and sanitary human contact, while Enterococcus bacteria levels are generally 7 to 14 higher than acceptable standards for human contact. One location near an encampment showed an Enterococcus population over 23 time the acceptable standard. Both Coliform and Enterococci are typically used as so -called “indicator” bacteria whose presence is indicative of the overall bacteria population.

From September 2023 and September 2024, at least three Creek to Bay Clean -Up programs have been conducted in the Harmony Grove Creek Bed Area resulting in 120 cubic yards of trash and debris and there still remains significant encampment material, trash, debris, shopping carts, and human feces. The presence of trash and human waste, coupled with t he previously described and closely related bacteria population indicate both harm to the waterway and an unsafe human living condition.

The Escondido Police Department has conducted a t least 50 proactive patrols by members of the Community Oriented Policing and Problem Solving (“ COPPS”) Unit and Patrol Division in the past year.

The department is now unable to remove, on a sustained basis, unauthorized persons from the Harmony Grove Creek Bed Area given its terrain, location, size and heavy vegetation . I t has become clear that attempts to use uniformed officers are ineffectual to remove the dangers these persons present to persons, the environment, and surrounding neighborhoods.

The Escondido Fire Department and its regional partners have also experienced a sharp rise in the number of calls for emergency medical services in the Harmony Grove Creek Bed Area and immediately adjacent areas. Total calls for service rose from 24 in 2023 to 64 in 2024 (up 266%) , with responses by the Escondido Fire Department increasing from 23 to 44 (up 91%) and responses by neighboring agencies increasing from 1 to 20 over the same period.
6 Item1.

On December 15, 2024, the City Manager declared a local emergency in and around the Harmony Grove Creek Bed Area because evidence indicates that the transient population in the Harmony Grove Creek Bed Area has continued to increase over the past year, and is expected to continue to increase . These increases are due, in part, to efforts by the California Department of Transportation (“Caltrans”) to remove encampments and secure its own property where it installed cut -resistant, climb -resistant fencing designed to prevent trespassing on state property . Many of the people displaced from those encampments moved into the Harmony Grove Creek Bed Area.

These events, along with results of recent water quality tests, raise grave concerns over human waste and other debris causing water quality and environmental damage to the area and surrounding neighborhoods; the increasing potential for uncontrolled fir es; and increasing dangerous crime in surrounding neighborhoods caused by the persons who have encamped in that area . The increasing danger of fire becomes more apparent during periods of “red flag warnings”, which Southern California experienced during the week of December 9, 2024.

At the time of the emergency declaration, the City Manager directed staff to begin reviewing the potential procurement process for installation of a perimeter fence around the Harmony Grove Creek Bed Area.

The preferred fence type is the cut-resistant, climb-resistant fencing designed to prevent trespassing that was installed on state property by Caltrans. This process is ongoing. The exact fencing material and design ultimately installed will depend on the availability and cost of the preferred fence type.

The City Manager, along with leadership of the P olice Department, Fire Department, Public Works Department, and Utilities Department, believe there is imminent danger of significant, additional and further deterioration of the conditions if no action is taken immediately to secure the Harmony Grove Creek Bed Area to prevent pollution, fires, crime and other environmental contaminatio n. T hese emergency conditions and their impacts are beyond the control of City resources, services, personnel, equipment, and facilities. These conditions require immediate intervention to remedy the existing and anticipated impacts on the environment and community , and warrant the proclamation of a local emergency.

City of Escondido Munici pal Code Chapter 7, and specifically Section 7 -6(a)(1), empowers the City Manager, in his role as the Director of Emergency Services (“Director”), to proclaim the existence or threatened existence of an emergency when conditions of disaster or imminent ris k to the safety of persons and property exist within the City of Escondido and the City Council is not in session at the time of this proclamation. The City Manager declared the local emergency on December 15 , 2024. The City Council has adjourned to their next regularly scheduled session on January 8, 2025 , which is outside the statutory 7 -day period for the City Council to ratify the City Manager’s declaration and proclamation.

Therefore, the City Clerk scheduled a special meeting at 4:00 PM on Dece mber 16, 202 4 for the City Council to consider the staff recommendation to adopt Resolution No. 2024 -192, ratifying the City Manager’s Proclamation No. 2024-03.
7 Item1.

RECOMMENDATION
Staff recommend that the City Council adopt Resolution No. 2024-192

ATTACHMENTS
a. Budget Adjustment Request - $4,000,000 from General Fund Reserves to Harmony Grove Remediation (Account No. NEW-229)

RESOLUTIONS
a. Resolution No. 2024-192

PROCLAMATIONS
a. Proclamation No. 2024-03
b. Proclamation No. 2024-03— Exhibit “1”—Laboratory Analysis Report

8 Item1.

RESOLUTION NO. 2024-192

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, RATIFYING THE

PROCLAMATION OF A LOCAL EMERGENCY BY THE

DIRECTOR OF EMERGENCY SERVICES (PROCLAMATION
NO. 2024-03) AND AUTHORIZING A BUDGET

ADJUSTMENT OF GENERAL FUND RESERVES
($4,000,000) INTO THE HARMONY GROVE

REMEDIATION ACCOUNT

WHEREAS, the City Council recognizes that conditions of a disaster and imminent risk to the safety of persons and property have arisen within the City of Escondido as a result of encampments and unauthorized persons in and around an area known as the Harmony Grove Creek Bed which is generally bounded by Harmony Grove Road, Citracado Parkway, and a stretch of area including the Hale Avenue Resource Recovery Facility, the Green Tree Mobile Home Estates Mobile Home Park, and the Church of God properties (“Harmony Grove Creek Bed Area”); and
WHEREAS, pursuant to Chapter 7 of the Escondido Municipal Code, the City Manager serves as the Director of Emergency Services (“Director”) and in that role is authorized to proclaim a local emergency and take such actions as are necessary to preserve life and property in the case of an emergency including but not limited to the execution of such contracts and the procurement of services necessary to respond to the emergency; and
WHEREAS, the City Council finds that the Director on December 15, 2024, was authorized and did in fact issue a Proclamation of local emergency, Proclamation No. 2024-03, of the existence or threatened existence of an emergency when the City Council was not in session; and WHEREAS, pursuant to Escondido Municipal Code §10 -80, in the case of public exigency or an emergency as defined in Government Code §8558, the City may dispense with competitive procurement 9 Item1.
for the purchase of good and services for the duration of the exigency or emergency and such purchases may be made under the direction of the City Council or Director acting pursuant to a declared emergency or public exigency pursuant to Chapter 7 of the Escondido Municipal Code; and WHEREAS, pursuant to Chapter 7, the City Council must ratify the Director’s emergency proclamation within 7 days when not in session at the time of the emergency; and WHEREAS, pursuant to the Public Contract Code, the City Council mu st further review such emergency actions at its next regularly scheduled meeting and determine by a four -fifths vote there is a need to continue the action; and
WHEREAS, the City Council desires at this time and deems it to be in the best public interest to ratify the Director’s Proclamation of local emergency and accept s the recommendations of the Director to engage in immediate contracting to install perimeter fencing around the Harmony Grove Creek Bed Area and take such other actions and expend such funds he deems reasonable and necessary to abate the existence of this emergency as authorized in the Escondido Municipal Code and under state law.

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

1. That the above recitations are true.

2. That the Director of Emergency Services had authority to, and did in fact properly issue Proclamation No. 2024 -03 on December 15, 2024, declaring a local emergency of the City of Escondido relating to conditions that pose risk to persons and property in the Harmony Grove Creek Bed Area, pursuant to Chapter 7 of the Escondido Municipal Code and state law. 10 Item1.

3. That the Mayor and City Council further accept the determination by the Director that these conditions are a public health and safety emergency which became comprehensively known and understood after consultation with City staff while the City Council was not in session; that this emergency requires immediate action in the procurement of a contractor to install perimeter fencing around the Escondido Creek Bed Area ; that a delay caused by procurement through a competitive bidding process would not be in the best interests of the public; and, that the proposed purchase of materials, and further expenditures and devotion of public resources in support of abating this emergency , are necessary and reasonable to promptly respond to the emergency.

4. That the Mayor and City Council authorize transfer of $4,000,000 from General Fund Reserves to the Harmony Grove Remediation Account (Acct. NEW-229) to fund equipment, materials, and contracting costs related to the emergency response, specifically including costs for installation of perimeter fencing.

11 Item1.

PROCLAMATION NO. 2024-03

A PROCLAMATION OF THE DIRECTOR OF EMERGENCY

SERVICES DECLARING A LOCAL EMERGENCY PURSUANT
TO CHAPTER 7 OF THE ESCONDIDO MUNICIPAL CODE

WHEREAS, City of Escondido Municipal Code Chapter 7, and specifically Section 7 -6(a)(1), empowers the City Manager, in his role as the Director of Emergency Services (“Director”), to proclaim the existence or threatened existence of an emergency when conditions of disaster or imminent risk to the safety of persons and property exist within the City of Escondido and the City Council is not in session; and
WHEREAS, at the time of this proclamation, the City Council has adjourned to their next regularly scheduled session on January 8, 2025; and
WHEREAS, conditions of a disaster and imminent risk to the safety of persons and property have arisen within the City of Escondido as a result of encampments and unauthorized persons in and around an area known as the Harmony Grove Creek Bed which is generally bounded by Harmony Grove Road, Citracado Parkway, and a stretch of area including the Hale Avenue Resource Recovery Facility, the Green Tree Mobile Home Estates Mobile Home Park, and the Church of God properties (“Harmony Grove Creek Bed Area”) in the City of Escondido; and
WHEREAS, the Escondido Police Department has conducted at least fifty (50) proactive patrols by members of the COPPS Unit and/or Patrol Division just in the past year , however, the Department has been unable to remove, on a sustained basis, unauthorized persons from the Harmony Grove Creek Bed Area given its terrain, location, size and heavy vegetation, and it has become clear that continued attempts to use uniformed officers will be ineffectual to remove the dangers these persons present to persons, the environment, and surrounding neighborhoods; and Docusign Envelope ID: AB7E71DB-E7B2-44D8-B7AA-8A4659171D5D 12 Item1.

WHEREAS, between September 2023 and September 2024, at least three Creek to Bay Clean -Up programs have been conducted in the Harmony Grove Creek Bed Area resulting in the removal of 120 cubic yards of trash and debris and there still remains significant encampment materials, trash, debris, shopping carts, and human feces; and
WHEREAS, the number of calls responded to by Escondido Fire into the Harmony Grove Creek Bed Area increased by 91 percent (91%) from 2023 to 2024; and WHEREAS, the number of Fire Department calls responded to by all regional fire agencies to the Harmony Grove Creek Bed Area increased 166 percent (166%) from 2023 to 2024; and WHEREAS, the evidence indicates that the transient population in the Harmony Grove Creek Bed Area has continued to increase over the past year, and is expected to continue to increase, in part due to recent efforts by Caltrans to remove encampments and secure its own property where it install ed cut- resistant, climb -resistant fencing designed to prevent trespassing on state property and the displaced persons have now moved into the subject area; and
WHEREAS, on November 22, 2024, the Water Utilities staff received results of microbiology water and soil samples conducted on November 18, 2024, throughout the Harmony Grove Creek Bed Area and those test results are attached hereto as Exhibit “1” (“Test Results”); and WHEREAS, the Test Results demonstrate evidence of total Coliform and Enterococci dangerously exceeding the Bacteriological Standards for Sanitation, Healthfulness and Safety of Ocean Water-Contact Sports Areas and caused by the presence of human fecal contamination directly related to the encampment sites; and
WHEREAS, the Test Results in the encampment sites in the Harmony Grove Creek Bed Area further demonstrate that persons are currently living in this unhealthy condition and have refused, and will Docusign Envelope ID: AB7E71DB-E7B2-44D8-B7AA-8A4659171D5D 13 Item1.
continue to refuse, to leave the area necessitating an effective perimeter barrier o r other protection to this sensitive environment; and
WHEREAS, the emergency conditions at the Harmony Grove Creek Bed Area have resulted in grave concerns over human waste and other debris causing water quality and environmental damage to the area and surrounding neighborhoods; the increasing potential for uncontrolled fires; and increasing dangerous crime in surrounding neighborhoods caused by the persons who have encamped in that area; and
WHEREAS, Police, Fire, Public Works, and Water Quality Department staff all believe there is imminent danger of significant, additional and further deterioration of the conditions if no action is taken immediately to secure the Harmony Grove Creek Bed Area to prevent pollution, fires, crime , and other environmental contamination; and
WHEREAS, these emergency conditions and their impacts are beyond the control of City resources, services, personnel, equipment, and facilities; and WHEREAS, these emergency conditions require immediate intervention to remedy the existing and anticipated impacts on the environment and community; and WHEREAS, these emergency conditions warrant and necessitate the proclamation of a local emergency.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services of the City of Escondido, California, as follows:

1. That the above recitations are true.

Docusign Envelope ID: AB7E71DB-E7B2-44D8-B7AA-8A4659171D5D 14 Item1.

2. That a local emergency current ly exists, and has existed since on or before December 15, 2024, within the City of Escondido and, specifically, the defined Harmony Grove Creek Bed Area, due to the actual and/or threatened existence of conditions of disaster or of extreme peril to the safety or persons and property within the City of Escondido caused by such conditions as environmental pollution, increasing crime in surrounding neighborhoods, and increased fire and public health risks.

3. That these emergency conditions require immediat e remediation including removal of unauthorized persons causing the deterioration of the land and water conditions; removal of trash and debris; erection of an adequate barrier or barriers to prevent further aggravation of the conditions and continued and uncontrolled migration into the area; and clearing of vegetation and remediation of ground and water conditions to restore the area.

4. That the Director of Emergency Services finds and declares that he shall need all powers and duties as provided for in Escondido Municipal Code § 7-6 including, but not limited to, obtaining funding; waiving any and all state and municipal procurement requirements; and, determining that any project at the location of the Harmony Grove Creek Bed Area is exempt from CEQA review to allow for the immediate purchase of equipment, products , and services to remediate the disaster as any delay to such necessary work will further place the safety of persons and property at imminent risk.

5. That said emergency proclamation shall expire seven (7) days after issuance unless confirmed and ratified by the City Council of the City of Escondido.

Dated: ________________________________ By: ________________________________ Sean McGlynn
City Manager and
Director of Emergency Services
December 15, 2024
Docusign Envelope ID: AB7E71DB-E7B2-44D8-B7AA-8A4659171D5D 15 Item1.

Proclamation No. 2024-03
Exhibit "1"

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16 Item1.

Proclamation No. 2024-03
Exhibit "1"

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17 Item1.

Proclamation No. 2024-03
Exhibit "1"

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18 Item1.

Proclamation No. 2024-03
Exhibit "1"

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Escondido City CouncilDecember 16, 2024

Escondido City Council
December 16, 2024