August 13, 2008
4:00 pm Meeting

Escondido City Council
Community Development Commission
Mobilehome Rent Review Board

CALL TO ORDER

FLAG SALUTE

ROLL CALL: Abed, Daniels, Gallo, Waldron, Pfeiler

PRESENTATIONS: Certificate for Recognition of Heroism

ORAL COMMUNICATIONS

At this time the public may comment on items not appearing on the agenda. 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. (Please refer to the back page of the agenda for instructions.)

CONSENT CALENDAR

Items on the Consent Calendar are not discussed individually. Unless members of the legislative body, staff or the public requests specific items to be discussed, all Consent Calendar items will be approved with one motion.

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

2. APPROVAL OF WARRANT REGISTER (Council/CDC)

3. APPROVAL OF MINUTES: Regular Meeting of June 4, 2008

Regular Meeting of June 11, 2008

Regular Meeting of June 18, 2008

Regular Meeting of July 9, 2008

Regular Meeting of July 16, 2008

4. 2008 TREASURER'S REPORT: SECOND QUARTER, APRIL THROUGH JUNE 2008

Staff Recommendations: Receive and file (City Treasurer: Ken Hugins)

5. ESTABLISHMENT OF THE PROPERTY TAX RATE AND FIXED CHARGE ASSESSMENTS FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2008-09 Request Council authorize establishing the property tax rate and fixed charge assessments for bonded indebtedness for the Fiscal Year 2008-09

Staff Recommendations: Approval (Finance Department: Gil Rojas)

RESOLUTION NO. 2008-91

6. INITIATION OF OUT-OF-AGENCY SEWER SERVICE AGREEMENT: 709 LEHNER AVENUE - A request from Acenath M. Lira for an out-of-agency service agreement, including an irrevocable offer of annexation, for the provision of sewer service for one single-family residence experiencing septic tank failure at 709 Lehner Avenue, APN 224-130-20

Staff Recommendations: Approval (Community Dev./Planning: Jon Brindle)

7. SEVENTH AMENDMENT TO SENIOR TRANSPORTATION CONTRACT Request Council authorize the Mayor and City Clerk to execute a Seventh Amendment to the Public Service Contract with Redwood Senior Homes and Services (RSHS) to provide transportation services for Fiscal Year 2008-09 to the Nutrition Program offered at the Joslyn Senior Center, the Out and About Program and the weekend Daley Ranch shuttle service, for the amount of $108,900

Staff Recommendations: Approval (Community Services: Amy Shipley)

RESOLUTION NO. 2008-160

CONSENT CALENDAR

8. SEVENTH AMENDMENT TO SENIOR NUTRITION CONTRACT Request Council authorize the Mayor and City Clerk to execute a Seventh Amendment to the Public Service Agreement with Redwood Senior Homes and Services (RSHS) to provide meals for the Nutrition Program offered at the Joslyn Senior Center for Fiscal Year 2008-09

Staff Recommendations: Approval (Community Services: Amy Shipley)

RESOLUTION NO. 2008-161

9. NOTICE OF COMPLETION FOR TRACT 912 (MOSAIC) LOCATED AT 16634 DEL DIOS HIGHWAY Request Council authorize the Director of Engineering Services to file a Notice of Completion for Tract 912 (Mosaic) a one lot development of 42 detached residential condominiums located at 16634 Del Dios Highway

Staff Recommendations: Approval (Engineering Services: Ed Domingue)

10. NOTICE OF COMPLETION FOR TRACT 949 (ORANGEWOOD - HABITAT FOR HUMANITY) LOCATED AT 402 W. 6th STREET Request Council authorize the Director of Engineering Services to file a Notice of Completion for Tract 949, Orangewood (Habitat for Humanity), located at 402 West 6th Street

Staff Recommendations: Approval (Engineering Services: Ed Domingue)

11. NOTICE OF COMPLETION FOR THE LAKE WOHLFORD PENSTOCK SLOPE REPAIR PROJECT Request Council authorize the Utilities Manager to file a Notice of Completion for the Lake Wohlford Slope Repair Project

Staff Recommendations: Approval (Utilities Administration: Mary Ann Mann)

12. JOINT PARTICIPATION AGREEMENT WITH SAN DIEGO COUNTY WATER AUTHORITY FOR LOCAL WATER SUPPLY DEVELOPMENT FUND PROGRAM Request Council authorize the Mayor and City Clerk to execute a Joint Participation Agreement with San Diego County Water Authority that provides incentives of from $147 to $200 per acre-foot for the development and utilization of recycled water

Staff Recommendations: Approval (Utilities Administration: Mary Ann Mann)

RESOLUTION NO. 2008-109

13. EXTENSION OF LEASE AGREEMENT FOR PROPERTY ADDRESSED AS 230 PARK AVENUE (AMERICAN LEGION) Request Council authorize the Mayor and City Clerk to execute a Five Year Extension Lease Agreement with American Legion, J.B. Clark Post 149 for property at 230 Park Avenue

Staff Recommendations: Approval (Engineering Services: Anne Marc-Aurele)

RESOLUTION NO. 2008-155

CONSENT CALENDAR

14. AMENDMENT TO LEASE AGREEMENT FOR 800 WEST GRAND AVENUE, SUITE B AND SUITE C (APN 232-100-17) Request Council authorize the Mayor and City Clerk to execute an Amendment to the Lease Agreement with Emblem Companies for property located at 800 West Grand Avenue, Suite B and Suite C

Staff Recommendations: Approval (Engineering Services: Anne Marc-Aurele))

RESOLUTION NO. 2008-152

15. FISCAL YEAR 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AMENDED AGREEMENTS Request Council authorize the City Manager or Designee, and the City Clerk, to execute amended agreements for Use of Community Development Block Grant Funds for public services as authorized through the Annual Action Plan allocation process on April 23, 2008

Staff Recommendations: Approval (Neighborhood Services: Rich Buquet)

RESOLUTION NO. 2008-159

16. FISCAL YEAR 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) WORKFORCE DEVELOPMENT PROJECT ACTIVITIES AND AGREEMENTS FOR USE OF CDBG FUNDS Request Council authorize the City Manager or Designee, and the City Clerk to execute an Agreement for use of CDBG funds for public services with Escondido Education COMPACT, for provision of a Workforce Development project, as recommended by the Escondido Workforce Roundtable

Staff Recommendations: Approval (City Manager's Office: Gail Sullivan; and Neighborhood Services Division: Jamie Kasvikis)

RESOLUTION NO. 2008-162

17. BID AWARD FOR CONSTRUCTION OF PHASE IV OF THE POLICE AND FIRE FACILITY - BID PACKAGE 7A (ROOFING) Request Council authorize the Mayor and City Clerk to execute an agreement with J.P. Witherow Roofing, in the amount of $887,100 for Bid Package 7A (Roofing) of the Police and Fire Facility at 1163 North Centre City Parkway

Staff Recommendations: Approval (City Manager's Office: Joyce Masterson)

RESOLUTION NO. 2008-154

18. FISCAL YEAR 2009 SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION LESS LETHAL LIFE SAVING EQUIPMENT GRANT AND BUDGET ADJUSTMENT Request Council authorize the Escondido Police Department to accept a FY 2009 San Diego County Law Enforcement Foundation Grant in the amount of $3,510; and authorize the Chief of Police to submit grant documents on behalf of the City; and authorize staff to establish budgets to spend grant funds

Staff Recommendations: Approval (Police Department: Jim Maher)

CONSENT CALENDAR

19. FISCAL YEAR 2008 U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND BUDGET ADJUSTMENT Request Council approve a FY 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $24,447 from the U.S. Department of Justice; authorize the Chief of Police and Police Department staff to submit grant documents on behalf of the City; and approve budget adjustments needed to set up and spend grant funds to support front-line law enforcement

Staff Recommendations: Approval (Police Department: Jim Maher)

CONSENT - RESOLUTIONS AND ORDINANCES (COUNCIL/CDC/RRB)

CONSENT CALENDAR – 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.)

20. TENTATIVE PARCEL MAP AND ZONE CHANGE (TPM 2004-12, 2004-56-CZ) (Approved by Council on 7/16/08; vote: 4/0/1, Waldron absent)

ORDINANCE NO. 2008-18 Second reading and adoption

CURRENT BUSINESS

21. CALIFORNIA CENTER FOR THE ARTS ESCONDIDO AND CITY COUNCIL AD HOC SUBCOMMITTEE

Staff Recommendations: Receive the recommendations of the City Council Ad Hoc Committee and provide direction regarding a restructured management agreement with the California Center for the Arts Escondido Foundation to emphasize Museum exhibits, education programs, community e (Community Services Department: Jerry Van Leeuwen)

PUBLIC HEARINGS

22. MODIFICATION TO CONDITIONAL USE PERMIT AND A DEVELOPMENT AGREEMENT FOR A CONCRETE BATCH PLANT (2007-38-CUP/DA), LOCATED AT 1310 SIMPSON WAY A request for a modification to a previously approved Conditional Use Permit for a concrete ready mix batch plant on a 2.02-acre site in the M-2 (General Industrial) zone, at 1310 Simpson Way. Although the batch plant has not been constructed yet, the applicant is requesting to increase production from 750 cubic yards of concrete per day to 950 cubic yards per day. The modification also includes the elimination of a mitigation measure which previously required a traffic signal at the intersection of Hale Avenue and Simpson Way, with the addition of alternative traffic mitigation measures to accommodate the increase in traffic generated by the new proposal. The plant would be entirely enclosed and would consist of aggregate storage areas, two 65-foot-high cement storage silos, enclosed conveyor belts to transfer raw materials, a 12,000-gallon diesel fuel tank, a 360 SF office, and a batch plant. Concrete would be produced by combining cement, water and aggregates (rock and sand) from an enclosed facility into fifteen ready mix trucks that would make an average of over six deliveries each from the property per day. The project also includes a Development Agreement to determine the appropriate way to capture revenues equivalent to the sales tax generated by the facility; require City Council consideration of the CUP modification; determine traffic related improvement requirements; and determine hours related to the supplemental production request. No other site plan or design modifications are proposed (Continued from 7/16/08)

Staff Recommendations: Approve the Conditional Use Permit modification to allow interim, traffic control measures with no expansion of capacity, and the Development Agreement (Community Dev./Planning: Jon Brindle)

a. RESOLUTION NO. 2008-76

b. ORDINANCE NO. 2008-19 Introduction and first reading

23. TOWN AND COUNTRY CLUB PARK LONG-FORM RENT REVIEW BOARD HEARING

Staff Recommendations: Accept Staff Report, hear public testimony and approval (Housing and Neighborhood Services: Michelle Henderson)

CURRENT BUSINESS

24. ORAL REPORT: COUNCIL COMMENTS/REGIONAL ISSUES This item provides an opportunity for City Council representatives on regional boards, commissions, and committees, to report back to Council on matters being addressed by those respective boards, commissions, and committees. This item is for reports only, and there will be no discussion or action on the reports. Such discussion or action will be calendared for a future agenda

Staff Recommendations: None (Mayor and City Councilmembers)

BRIEFING (Staff)

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 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed

Staff Recommendations: None (City Clerk's Office: Marsha Whalen)

BRIEFING (Staff)

ORAL COMMUNICATIONS

COUNCIL/COMMISSION/ MEMBERS COMMENTS

CLOSED SESSION: COUNCIL/CDC/RRB)

26. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Government Code §54956.9(a)

a. Regional Water Quality Control Board ACL (Administrative Civil Liability)/ACL Order No.

R9-2006-0095

b. City of Escondido v. Allan Kuebler, Case No. GIN052517-1

27. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION:

Significant exposure to litigation pursuant to subdivision (b) of Government Code

4956.9(b): Two Cases

28. CONFERENCE WITH LABOR NEGOTIATOR (Government Code §54957.6)

a. Agency Negotiator: Sheryl Bennett, Clay Phillips

Employee organization: Escondido City Employees' Benefits Association

Supervisory Bargaining Unit

Negotiation Parties: City of Escondido and Escondido City Employees'

Benefits Association, Supervisory Bargaining Unit

Under Negotiation: Salary, Benefits and Working Conditions

b. Agency Negotiator: Sheryl Bennett, Clay Phillips

Employee organization: Escondido Police Officers' Association

Non-sworn Bargaining Unit

Negotiation Parties: City of Escondido and Escondido Police Officers' Association

Non-sworn Bargaining Unit

Under Negotiation: Salary, Benefits and Working Conditions

c. Agency Negotiator: Sheryl Bennett, Clay Phillips

Employee organization: Escondido City Employees' Benefits Association

Administrative/Clerical/Engineering Bargaining Unit

Negotiation Parties: City of Escondido and Escondido City Employees' Benefits

Association, Administrative/Clerical/Engineering Bargaining

Unit

Under Negotiation: Salary, Benefits and Working Conditions

d. Agency Negotiator: Sheryl Bennett, Clay Phillips

Employee organization: Escondido Firefighters' Association: Non-Safety

Negotiation Parties: City of Escondido and Escondido Firefighters' Association:

Non-Safety

Under Negotiation: Salary, Benefits and Working Conditions

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Date	Day	Time	Meeting Type	Location
August 20	WEDNESDAY	4pm & 7pm	Council Meeting	Council Chambers
August 27	NO MEETING	-	-	-
September 3	NO MEETING	-	-	-
September 10	WEDNESDAY	4pm & 7pm	Council Meeting	Council Chambers

ADJOURNMENT

7:00 P.M. - Regular Meeting

August 13, 2008
7:00 pm Meeting

NO MEETING

NO ITEMS SCHEDULED

ELECTRONIC MEDIA:

Electronic media which members of the public wish to be used during any public comment period should be submitted to the City Clerk’s Office at least 24 hours prior to the Council meeting at which it is to be shown.

The electronic media will be subject to a virus scan and must be compatible with the City’s existing system. The media must be labeled with the name of the speaker, the comment period during which the media is to be played and contact information for the person presenting the media.

The time necessary to present any electronic media is considered part of the maximum time limit provided to speakers. City staff will queue the electronic information when the public member is called upon to speak. Materials shown to the Council during the meeting are part of the public record and may be retained by the Clerk.

The City of Escondido is not responsible for the content of any material presented, and the presentation and content of electronic media shall be subject to the same responsibilities regarding decorum and presentation as are applicable to live presentations.

TO ADDRESS THE COUNCIL

The public may address the City Council on any agenda item. Please complete a Speaker’s form and give it to the City Clerk. Comments are generally limited to 3 minutes.

If you wish to speak concerning an item not on the agenda, you may do so under “Oral Communications.” Please complete a Speaker’s form as noted above.

Handouts for the City Council should be given to the City Clerk. To address the Council, use the podium in the center of the Chambers, STATE YOUR NAME FOR THE RECORD and speak directly into the microphone.

AGENDA, STAFF REPORTS AND BACK-UP MATERIALS ARE AVAILABLE:

· Online at http://www.ci.escondido.ca.us/government/agendas/PublishedMeetings.htm

· In the City Clerk’s Office at City Hall

· In the Library (239 S. Kalmia) during regular business hours and

· Placed in the Council Chambers (See: City Clerk/Minutes Clerk) immediately before and

· during the Council meeting.

AVAILABILITY OF SUPPLEMENTAL MATERIALS AFTER AGENDA POSTING: Any supplemental writings or documents provided to the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s Office located at 201 N. Broadway during normal business hours, or in the Council Chambers while the meeting is in session.

LIVE BROADCAST

Council meetings are broadcast live on Cox Cable Channel 19 and can be viewed the following Sunday and Monday evenings at 6:00 p.m. on Cox Cable The Council meetings are also available live via the Internet by accessing the City’s website at www.escondido.org, and selecting: City Council/broadcasts of City Council Meetings/live video streaming.

Please turn off all cellular phones and pagers while the meeting is in session.

The City Council is scheduled to meet the first four Wednesdays
of the month at 4:00 and 7:00 p.m. (Verify schedule with City Clerk’s Office)
Members of the Council also sit as the Community Development Commission
and the Mobilehome Rent Review Board.

City Hall Hours of Operation

Monday-Friday 7:30 a.m. to 5:30 p.m. (Closed alternate Fridays)

If you need special assistance to participate in this meeting, please contact our ADA Coordinator at 839-4641. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

Listening devices are available for the hearing impaired – please see the City Clerk.