CITY OF ESCONDIDO AUGUST 20, :00 p.m. Meeting Minutes

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1 CITY OF ESCONDIDO AUGUST 20, :00 p.m. Meeting Minutes Escondido City Council Community Development Commission Mobilehome Rent Review Board CALL TO ORDER The Regular Meeting of the Escondido City Council, Community Development Commission and Mobilehome Rent Review Board was called to order at 4:00 p.m. on Wednesday, August 20, 2008 in the Council Chambers at City Hall with Mayor Pfeiler presiding. FLAG SALUTE Mayor Pfeiler led the flag salute. ATTENDANCE The following members were present: Abed, Daniels, Gallo, Waldron, and Pfeiler. Quorum present. Also present were: Clay Phillips, City Manager; Jeffrey Epp, City Attorney; Jonathan Brindle, Community Development Director; Ed Domingue, Engineering Services Director; Bob Zornado, Assistant City Clerk; and Liane Uhl, Minutes Clerk. PRESENTATION Mayor Pfeiler introduced Rich Buquet and Karen Perez, Neighborhood Services, who presented information on the First Annual Escondido Neighborhood Conference. ORAL COMMUNICATIONS James Lambert, Escondido, asked Council to support Proposition 8. Bunnie Jacquay, Escondido, thanked Council for supporting the memorial services for her son, who was killed in Iraq. August 20, 2008 Escondido City Council Minutes Book 52 Page 170

2 CONSENT CALENDAR Mayor Pfeiler removed items 8 and 10, Councilmember Abed removed item 9, Councilmember Gallo removed item 16 and Councilmember Waldron removed item 12 from the Consent Calendar for discussion. MOTION: Moved by Councilmember Daniels and seconded by Councilmember Waldron that the following items be approved with the exception of items 8, 9, 10, 12, and 16. Motion carried unanimously. 1. AFFIDAVITS OF PUBLICATION, MAILING AND POSTING (COUNCIL/CDC/RRB) 2. APPROVAL OF WARRANT REGISTER (Council/CDC) 3. APPROVAL OF MINUTES: Scheduled 4. CALPERS INDUSTRIAL DISABILITY RETIREMENT: ALFRED PARKER Request Council authorize the Industrial Disability retirement of Police Officer Alfred Parker. (File No ) Staff Recommendation: Approval (Human Resources Dept.: Sheryl Bennett) RESOLUTION NO AWARD OF BID FOR FOUR CHEMICALS, RESCIND A PREVIOUSLY AWARDED BID FOR THE CATIONIC POLYELECTROLYTE CHEMICAL AND AWARD BID TO THE SECOND LOWEST BIDDER Request Council: (1) Award the bid for four chemicals to be used at the Water Treatment Plant and Hale Avenue Resource Recovery Facility; (2) Rescind the previously awarded bid to Ciba Corporation and award to the second lowest bidder, to Polydyne Incorporated. (File No ) Staff Recommendation: Approval (Finance Department: Gil Rojas) 6. NOTICE OF COMPLETION FOR TRACT 891 (BRENNA HILLS) ADDRESSED AS 101 SOUTH TULIP STREET Request Council authorize the Director of Engineering Services to file a Notice of Completion for Tract 891 (Brenna Hills), addressed as 101 South Tulip Street. (File No Tract 891) Staff Recommendation: Approval (Engineering Services: Ed Domingue) 7. SPORTS CENTER OFFICE EXPANSION AND COMMUNITY ROOM STATUS REPORT AND CONCEPTUAL DESIGN Status report to advise Council of the conceptual design before final design begins. (File No [A-2906]) Staff Recommendation: Request Council receive and file the status report (Engineering Services: Robert Zaino) 8. AWARD OF CONTRACT FOR INSTALLATION OF ELEVATORS AND THE POLICE AND FIRE FACILITY Request Council authorize the Mayor and City Clerk to execute an agreement with ThyssenKrupp Elevator Corporation, in the amount of $93,206, for elevators at the Police and Fire facility at 1163 N. Centre City Parkway. (File No [A-2878]) Staff Recommendation: Approval (City Manager s Office: Joyce Masterson) RESOLUTION NO August 20, 2008 Escondido City Council Minutes Book 52 Page 171

3 Joyce Masterson, Assistant to the City Manager, indicated the contract should be in the amount of $493,206. MOTION: Moved by Councilmember Gallo and seconded by Councilmember Daniels to authorize the Mayor and City Clerk to execute an agreement with ThyssenKrupp Elevator Corporation, in the amount of $493,206, for elevators at the Police and Fire facility at 1163 N. Centre City Parkway and adopt Resolution No Motion carried unanimously. 9. NORDAHL BRIDGE WIDENING OR REPLACEMENT OVER STATE ROUTE 78 PROJECT: CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) COOPERATIVE AGREEMENT Request Council authorize the Director of Engineering Services to execute, on behalf of the City, a Cooperative Agreement with CalTrans and the City of San Marcos for improvements for the Nordahl Bridge Widening or Replacement over State Route 78 Project. (File No Misc.) Staff Recommendation: Approval (Engineering Services: Ed Domingue) RESOLUTION NO Councilmember Abed asked for clarification of this project. Ed Domingue, Director of Engineering, indicated they City was looking at an alternative to replacing the bridge. MOTION: Moved by Councilmember Abed and seconded by Councilmember Gallo to authorize the Director of Engineering Services to execute, on behalf of the City, a Cooperative Agreement with CalTrans and the City of San Marcos for improvements for the Nordahl Bridge Widening or Replacement over State Route 78 Project and adopt Resolution No Motion carried unanimously. 10. RINCON AVENUE WALL Request Council authorize the rejection of all bids for the Rincon Avenue Wall 2008 project and direct staff to re-advertise the project for bids with a reduced scope of work. (File No [A-2912]) Staff Recommendation: Approval (Engineering Services: Frank Schmitz) This item was continued to the 7:00 pm meeting. RESOLUTION NO FIRST AMENDMENT TO CONSULTING AGREEMENT FOR THE DESIGN OF THE CHEMICALLY ENHANCED PRIMARY TREATMENT (CEPT)/HALE AVENUE RESOURCE RECOVERY FACILITY (HARRF) Request Council authorize the Mayor and City Clerk to execute a First Amendment to a Consulting Agreement with Water 3 Engineering, in the amount of $16,611 for the design of the CEPT/HARRF project. (File No [A-2932]) Staff Recommendation: Approval (Utilities/Wasterwater Division: John Burcham) RESOLUTION NO CONSULTING AGREEMENT AND BUDGET ADJUSTMENT FOR THE INVESTIGATION OF POTENTIAL FOR EXPANSION OF THE CAPACITY OF LAKE WOHLFORD RESERVOIR Request Council (1) Authorize the Mayor and City Clerk to execute a Consulting Agreement with GEI Consultants, Incorporated, to investigate the potential for expansion of the capacity of Lake Wohlford Reservoir, in the amount of $129,800; and (2) Approve a Budget Adjustment in the amount of $129,800. (File No [A-2931]) August 20, 2008 Escondido City Council Minutes Book 52 Page 172

4 Staff Recommendation: Approval (Utilities Division: Lori Vereker) RESOLUTION NO Councilmember Waldron asked what changes were to be made to the dam. Lori Vereker, Utilities Director, indicated it was an opportune time to make the dam higher while working on the liquefaction process. MOTION: Moved by Councilmember Waldron and seconded by Councilmember Gallo to authorize the Mayor and City Clerk to execute a Consulting Agreement with GEI Consultants, Incorporated, to investigate the potential for expansion of the capacity of Lake Wohlford Reservoir, approve a Budget Adjustment in the amount of $129,800 and adopt Resolution No Motion carried unanimously. 13. BUDGET ADJUSTMENT FOR DALEY RANCH HOUSE IMPROVEMENTS (CASE GPIP) Request Council authorize a budget adjustment in the amount of $700,000, to establish a Capital Improvement Program Account for improvements to the ranch house at Daley Ranch using funds from the sale of Daley Ranch habitat credits. (File No ) Staff Recommendation: Approval (Community Dev./Planning: Jon Brindle) 14. CONTRACT FOR PARAMEDIC BILLING SERVICES Request Council authorize the Mayor and City Clerk to execute a contract with Wittman Enterprises, for paramedic billing services, for a five year period, effective July 1, 2008 through June 30, (File No [A-2459]) Staff Recommendation: Approval (Finance Department: Gil Rojas) RESOLUTION NO REQUEST COUNCIL AUTHORIZE ENCOURAGING ELECTED REPRESENTATIVES TO REVERSE FEDERAL TRANSIT ADMINISTRATIVE LAW WHICH ECONOMICALLY HINDERS PUBLIC TRANSIT SYSTEMS FROM PROVIDING BUSES TO LARGE ATTENDANCE SPORTING AND OTHER SPECIAL EVENTS (File No ) Staff Recommendation: (Council Members Dick Daniels and Ed Gallo) RESOLUTION NO PROPOSED CHANGES TO ANNUAL INVENTORY OF CITY FEES Request Council authorize the proposed changes to existing fees for services and permits and delete some fees for service that are no longer used in the Annual Inventory of City Fees. (File No ) Staff Recommendation: Approval (Finance Department: Gil Rojas and Joan Ryan) RESOLUTION NO Councilmember Gallo asked for clarification on several of the fee changes. Dominick Arena, Fire Department, and Lt. Mike Loarie, Police Department answered his questions regarding fire permit and towing fee changes. MOTION: Moved by Councilmember Daniels and seconded by Councilmember Gallo to authorize the proposed changes to existing fees for services and permits, delete some fees for service that are no August 20, 2008 Escondido City Council Minutes Book 52 Page 173

5 longer used in the Annual Inventory of City Fees and adopt Resolution No Motion carried unanimously. CONSENT - RESOLUTIONS AND ORDINANCES (COUNCIL/CDC/RRB) The following Resolutions and Ordinances were heard and acted upon by the City Council/CDC/RRB at a previous City Council/Community Development Commission/Mobilehome Rent Review meeting. (The title of Ordinances listed on the Consent Calendar are deemed to have been read and further reading waived.) 17. MODIFICATION TO CONDITIONAL USE PERMIT AND A DEVELOPMENT AGREEMENT FOR A CONCRETE BATCH PLANT ( CUP/DA), LOCATED AT 1310 SIMPSON WAY (Approved by Council on 8/13/08; vote: 4/1, Abed voting no) (File No ) ORDINANCE NO Second reading and adoption 18. LONG-FORM RENT REVIEW BOARD HEARING FOR TOWN AND COUNTRY CLUB PARK (Approved by Board on 8/13/08; vote: 5/0) (File No ) RESOLUTION NO. RRB CURRENT BUSINESS 19. PRESENTATION BY CALTRANS REGARDING THE INTERSTATE 15 CORRIDOR UPDATE AND THE HALE AVENUE/SIMPSON WAY INTERCHANGE Presentation by Gustavo Dallardo of CalTrans pertaining to the Interstate 15 Corridor Update and the Hale Avenue/Simpson Way Interchange. (File No ) Staff Recommendation: Receive and file (Engineering Services: Ed Domingue) Mayor Pfeiler introduced Gustavo Dallardo, CalTrans, who gave a presentation on the I-15 corridor and the proposed Hale Avenue/Simpson Way interchange. CONCIL ACTION: NO ACTION INFORMATION ONLY PUBLIC HEARINGS 20. SHORT-FORM RENT INCREASE APPLICATION FOR LAKE BERNARDO MOBILE ESTATES (File No ) Staff Recommendation: Request the Board approve the short-form rent increase in the average amount of $7.39 per space per month (Housing & Neighborhood Services: Michelle Henderson) RESOLUTION NO. RRB August 20, 2008 Escondido City Council Minutes Book 52 Page 174

6 Michelle Henderson, Housing & Neighborhood Services, gave the staff report and presented a series of slides. Chair Pfeiler opened the public hearing and asked if anyone would like to speak on this issue in any way. Esther Wilson, Park Representative, indicated that improvements had been made to the park and asked Council to support the rent increase. Warren Hughes, Resident Representative, presented a series of slides and asked Council to deny the rent increase request. Debbie Jauregui, Escondido, indicated there were many problems in the park and asked Council not to grant the rent increase. Nancy Wikoff, Escondido, stated she opposed the rent increase. Chair Pfeiler asked if anyone else wanted to speak on this issue in any way. No one asked to be heard. Therefore, she closed the public hearing. MOTION: Moved by Boardmember Abed and seconded by Boardmember Daniels to continue this item for resolution of pending issues to the October 22, 2008 meeting at 4:00 p.m. Ayes: Abed, Daniels, and Waldron. Noes: Gallo and Pfeiler. Absent:. Motion carried. 21. SHORT-FORM RENT INCREASE APPLICATION FOR CASA GRANDE MOBILE ESTATES (File No ) Staff Recommendation: Request the Board approve the short-form rent increase in the amount of approximately $6.89 per space per month (Housing & Neighborhood Services: Michelle Henderson) RESOLUTION NO. RRB Michelle Henderson, Housing & Neighborhood Services, gave the staff report and presented a series of slides. Chair Pfeiler opened the public hearing and asked if anyone would like to speak on this issue in any way. Sue Pebley, Park Representative, indicated the park was in good shape and asked Council to grant the rent increase. Phil Sumer, Escondido, indicated he opposed the rent increase. Chair Pfeiler asked if anyone else wanted to speak on this issue in any way. No one asked to be heard. Therefore, she closed the public hearing. MOTION: Moved by Boardmember Abed and seconded by Boardmember Daniels to grant the shortform rent increase and adopt Resolution No. RRB Motion carried unanimously. 22. AMENDMENTS TO CURRENT DEVELOPMENT FEE CREDITS Proposed Amendments to Establish time frames for receiving development fee credits for demolished buildings, abandoned uses, and out of service agricultural water meters, The elimination of development fee credits applicable to the first 25% of a building expansion, eliminating opportunities for combining fee reduction incentives, and Establishment of a cap on fee reductions available to non-profit uses. (File No ) August 20, 2008 Escondido City Council Minutes Book 52 Page 175

7 Staff Recommendation: (1) Establish a three year time window for receiving fee credits for preexisting uses and out of service agricultural meters; (2) Eliminate Development Fee Waiver available for building expansions to the first 25% of non-residential uses; and (3) Establish a cap of $10,000 for fee reductions to non-profit uses (Community Dev./Planning: Jon Brindle) Jonathan Brindle, Community Development Director, gave the staff report and presented a series of slides. Mayor Pfeiler opened the public hearing and asked if anyone would like to speak on this issue in any way. No one asked to be heard. Therefore, she closed the public hearing. MOTION: Moved by Councilmember Gallo and seconded by Councilmember Abed to approve establishing a 10 year time window for receiving fee credits for pre-existing uses and out of service agricultural meters; eliminate development fee waiver available for building expansions to the first 25% of non-residential uses; establish a cap of $10,000 for fee reductions to non-profit uses and limit applicants to one incentive (other than BEZ or Development Agreement). Ayes: Abed, Daniels and Gallo. Noes: Waldron and Pfeiler. Absent:. Motion carried. CURRENT BUSINESS 23. VOTING DELEGATE FOR 2008 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (SEPTEMBER ,2008) Request Council designate a Voting Delegate and up to two alternates to represent the City at the annual business meeting to be held during the annual conference on September 24-27, 2008 in Long Beach, CA. (File No ) Staff Recommendation: Designate delegate(s) (City Clerk: Marsha Whalen) COUNCIL ACTION: No delegate was appointed 24. APPOINTMENT TO TRANSPORTATION AND COMMUNITY SAFETY COMMISSION Request Council ratify the Mayor s recommendation to fill a vacancy on the Transportation and Community Safety Commission due to resignation of Jack Dunasky; term to expire March 31, (File No ) Staff Recommendation: Ratify appointee selection (City Clerk: Marsha Whalen) MOTION: Moved by Mayor Pfeiler and seconded by Councilmember Abed to appoint Omar Dayani to the Transportation and Community Safety Commission. BRIEFING (Staff) August 20, 2008 Escondido City Council Minutes Book 52 Page 176

8 FUTURE AGENDA 25. FUTURE AGENDA ITEMS - The purpose of this item is to identify issues presently known to staff or which members of the Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed Staff Recommendation: (City Clerk s Office: Marsha Whalen) ORAL COMMUNICATIONS COUNCIL/COMMISSION/ MEMBERS COMMENTS CLOSED SESSION: (COUNCIL/CDC/RRB) Attorney Jeffrey Epp recommended recess to Closed Session to discuss items 26 and to add one item. MOTION: Moved by Councilmember Daniels and seconded by Councilmember Waldron to recess to Closed Session. Motion carried unanimously. ADDED ONE ITEM: CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code ) a. Property: 466 Terrace Avenue and (APN )Park Hill Lane 26. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code ) a. Property: 1153/1157 E. El Norte Parkway (APN s & 13) and 1254 N. Fig (APN Agency Negotiators: Anne Marc-Aurele Negotiating parties: City and Ryan Nestman, Alfonso Diaz AND Richard & Danuta Lupa Under negotiation: Terms of Transaction August 20, 2008 Escondido City Council Minutes Book 52 Page 177

9 ADJOURNMENT Mayor Pfeiler adjourned the meeting at 7:05 p.m. MAYOR ASSISTANT CITY CLERK MINUTES CLERK August 20, 2008 Escondido City Council Minutes Book 52 Page 178

10 CITY OF ESCONDIDO AUGUST 20, :00 p.m. Meeting Minutes Escondido City Council Community Development Commission CALL TO ORDER The Regular Meeting of the Escondido City Council and Community Development Commission was called to order at 7:00 p.m. on Wednesday, August 20, 2008 in the Council Chambers at City Hall with Mayor Pfeiler presiding. MOMENT OF REFLECTION FLAG SALUTE Mayor Pfeiler led the flag salute. ATTENDANCE The following members were present: Abed, Daniels, Gallo, Waldron, and Pfeiler. Quorum present. Also present were: Clay Phillips, City Manager; Jeffrey Epp, City Attorney; Jonathan Brindle, Community Development Director; Ed Domingue, Engineering Services Director; Bob Zornado, Assistant City Clerk; and Liane Uhl, Minutes Clerk. Councilmember Gallo displayed the award the City received from the American Legion for their support of veterans. ORAL COMMUNICATIONS Policewatch.org, listed television programs that dealt with crime. Robroy Fawcett, Escondido, handed out information and stated he did not agree with relocation assistance for illegal aliens. August 20, 2008 Escondido City Council Minutes Book 52 Page 179

11 CURRENT BUSINESS 10. RINCON AVENUE WALL Request Council authorize the rejection of all bids for the Rincon Avenue Wall 2008 project and direct staff to re-advertise the project for bids with a reduced scope of work. (File No [A-2912]) Staff Recommendation: Approval (Engineering Services: Frank Schmitz) RESOLUTION NO Ed Domingue, Engineering Services Director, gave the staff report and presented a series of slides. James Wilke, Escondido, indicated that more of the wall needed repair than what was being proposed. Cynthia Beck, Escondido, asked Council to have the entire wall replaced. Ken Iacuaniello, Escondido, requested that Council replace the entire wall. MOTION: Moved by Councilmember Daniels and seconded by Councilmember Waldron to authorize the rejection of all bids for the Rincon Avenue Wall 2008 project and direct staff to re-advertise the project for bids with a reduced scope of work and adopt Resolution No Motion carried unanimously. PUBLIC HEARINGS 27. CONDOMINIUM PERMIT AND TENTATIVE PARCEL MAP (CASE NO. SUB & PHG (ADDRESSED AS W. 15 TH AVENUE AND 250 W. 15 TH AVENUE) A Proposed Tentative Parcel Map to subdivide 1.99 acres in the PD-MU zone (Planned Development, Mixed-Use, units per acre) into two lots in conjunction with a Condominium Permit to create one commercial air-space unit for the 16, 147 SF commercial area including the associated commercial parking. The site is located on the northeast corner of So. Escondido Boulevard and West 15 th Avenue, addressed as So. Escondido Boulevard and 250 West 15 th Avenue. (File No ) Staff Recommendation: Approval (Community Dev./Planning: Jon Brindle) RESOLUTION NO Rozanne Cherry, Planning Department, gave the staff report and presented a series of slides. Mayor Pfeiler opened the public hearing and asked if anyone would like to speak on this issue in any way. Dale Brewer, Owner Representative, indicated he was available for questions. Mayor Pfeiler asked if anyone else wanted to speak on this issue in any way. No one asked to be heard. Therefore, she closed the public hearing. MOTION: Moved by Councilmember Gallo and seconded by Councilmember Abed to approve a Proposed Tentative Parcel Map to subdivide 1.99 acres in the PD-MU zone (Planned Development, Mixed-Use, units per acre) into two lots in conjunction with a Condominium Permit to create one commercial air-space unit for the 16, 147 SF commercial area including the associated commercial August 20, 2008 Escondido City Council Minutes Book 52 Page 180

12 parking and adopt Resolution No The site is located on the northeast corner of So. Escondido Boulevard and West 15 th Avenue; addressed as South Escondido Boulevard and 250 West 15 th Avenue. Motion carried unanimously. 28. ZONING CODE AMENDMENT TO MODIFY THE DESIGN REVIEW PROCESS (CASE NO. AZ ) An Amendment to the Escondido Zoning Code to streamline the design review process by making some types of projects and signs, which currently require review by the Design Review Board (DRB), subject to staff design review. The revisions would be to Escondido Zoning Code Article 64-Design Review, Article 66-Sign Ordinance, Article 33-Recycling Facilities, Article 61-Administration and Enforcement, and Article 70-Second Dwelling. (File No ) Staff Recommendation: Approval (Community Dev./Planning: Jon Brindle) ORDINANCE NO Introduction and first reading Rozanne Cherry, Planning Department, gave the staff report and presented a series of slides. Mayor Pfeiler opened the public hearing and asked if anyone would like to speak on this issue in any way. No one asked to be heard. Therefore, she closed the public hearing. MOTION: Moved by Councilmember Abed and seconded by Councilmember Daniels to approve an Amendment to the Escondido Zoning Code to streamline the design review process by making some types of projects and signs, which currently require review by the Design Review Board (DRB), subject to staff design review and introduce Ordinance No The revisions would be to Escondido Zoning Code Article 64-Design Review, Article 66-Sign Ordinance, Article 33-Recycling Facilities, Article 61- Administration and Enforcement, and Article 70-Second Dwelling. Motion carried unanimously. 29. AMENDMENT TO THE INTERIM DOWNTOWN SPECIFIC PLAN (CASE PHG ) A request to amend the Interim Downtown Specific Plan to expand joint use and daytime/nighttime parking provisions. Additionally, the proposed amendment includes minor revisions modifying the types of projects that require design review by the Design Review Board (DRB) and/or City staff to achieve consistency with the Design Review Guidelines of the Zoning Code. (File No ) Staff Recommendation: Approval (Community Dev./Planning: Jon Brindle) RESOLUTION NO Barbara Redlitz, Assistant Planning Director, gave the staff report and presented a series of slides. Mayor Pfeiler opened the public hearing and asked if anyone would like to speak on this issue in any way. No one asked to be heard. Therefore, she closed the public hearing. MOTION: Moved by Councilmember Waldron and seconded by Councilmember Daniels to approve an amendment to the Interim Downtown Specific Plan to expand joint use and daytime/nighttime parking provisions. Additionally, the proposed amendment includes minor revisions modifying the types of projects that require design review by the Design Review Board (DRB) and/or City staff to achieve consistency with the Design Review Guidelines of the Zoning Code and adopt Resolution No Motion carried unanimously. CURRENT BUSINESS August 20, 2008 Escondido City Council Minutes Book 52 Page 181

13 BRIEFING (Staff) ORAL COMMUNICATIONS COUNCIL/COMMISSION/ MEMBERS COMMENTS ADJOURNMENT Mayor Pfeiler adjourned the meeting at 8:00 p.m. MAYOR ASSISTANT CITY CLERK MINUTES CLERK August 20, 2008 Escondido City Council Minutes Book 52 Page 182