November 19, 2008

CITY NOVEMBER 19, 2008

3:00 p.m. SPECIAL MEETING

Closed Session Room

 

Escondido City Council
Community Development Commission

 

12:00 P.M. - SPECIAL CITY COUNCIL MEETING

CALL TO ORDER

CALL TO ORDER

 

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

ORAL COMMUNICATIONS

CLOSED SESSION:  (COUNCIL/CDC/RRB)

CLOSED SESSION:  COUNCIL/CDC/RRB)

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

Rincon Band of Mission Indians, et al. v Escondido Mutual Water Company, et al., Civil Action Nos. 69-217S and 72-271S

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

a.      Agency negotiator:            Sheryl Bennett, Clay Phillips

         Employee organization:      Escondido City Employee Association (ECEA)

b.      Agency negotiator:            Sheryl Bennett, Clay Phillips

         Employee organization:      Escondido Firefighters' Association

c.       Agency negotiator:            Sheryl Bennett, Clay Phillips

         Employee organization:      Non-Sworn Fire

d.      Agency negotiator:            Sheryl Bennett, Clay Phillips

         Employee organization:      Escondido Police Officers' Association

e.      Agency negotiator:            Sheryl Bennett, Clay Phillips

         Employee organization:      Non-Sworn Police

f.       Agency negotiator:            Sheryl Bennett, Clay Phillips

         Employee organization:      Maintenance & Operations, Teamsters Local 911

g.      Agency negotiator:            Sheryl Bennett, Clay Phillips

         Employee organization:      Escondido City Employees Benefit Association

                                                Supervisory Bargaining Unit


 

CLOSED SESSION:  COUNCIL/CDC/RRB) (Continued)

 

C.      CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code §54956.8)

a.   Property:                    Lusardi Family Trust, Located off of San Pasqual Valley Road,

                                       APNs 237-090-07, -1, -02, &-3; and

                                       Schelling Parcels, located at 1814 & 1816 High Grove Drive,

                                       APNs 234-260-77 and 234-262-11

Agency Negotiators:    Anne Marc-Aurele

Negotiating parties:     City and Warner C. Lusardi Family Trust; and City and William

                                       and Dorothy Schelling

      Under negotiation:       Terms of transaction

ORAL COMMUNICATIONS

 

ADJOURNMENT

 

 

ADJOURNMENT

4:00 P.M. - Regular Meeting


November 19, 2008
4:00 pm Meeting

Escondido City Council
Community Development Commission

 

 

 

 

CALL TO ORDER

CALL TO ORDER

 

FLAG SALUTE

 

 

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

 

 

PRESENTATIONS:        Appreciation to the Rincon Band of Luiseo Indians for donation to

                                   Jaycees Christmas Parade

 

                                   APWA Award

 

ORAL COMMUNICATIONS

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

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 October 22, 2008

4.                  CALPERS INDUSTRIAL DISABILITY RETIREMENT OF JOHN PECK Request Council authorize the Industrial Disability Retirement of Firefighter/Paramedic John Peck

 

Staff Recommendations:  Approval (Human Resources:  Sheryl Bennett)

 

            RESOLUTION NO. 2008-212

5.                  FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT AGREEMENT FOR THE POLICE AND FIRE FACILITY Request Council authorize the Mayor and City Clerk to execute a First Amendment to the Construction Management Agreement with McCuskey Group, in the amount of $1,323,578, in order to extend the contract an additional nine months resulting from modifications to the Police and Fire Facility's design at the City's request

 

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

 

            RESOLUTION NO. 2008-210

6.                  ADOPT AN ORDINANCE TO DELETE PROVISIONS OF THE ESCONDIDO MUNICIPAL CODE REGARDING LONG TERM LEASES IN MOBILEHOME PARKS, AND TO DELETE PROVISIONS REGARDING WATER RECLAMATION WHICH WERE INVALIDATED BY PRIOR COURT DECISIONS

 

Staff Recommendations:  Approval (City Attorney:  Jeffrey Epp)

 

            ORDINANCE NO. 2008-33 Introduction and first reading

7.                  NOTICE OF COMPLETION FOR NORTH HICKORY STREET LIGHTING IMPROVEMENTS Request Council authorize the Director of Engineering Services to file Notice of Completion for North Hickory Street Lighting improvements

 

Staff Recommendations:  Approval (Engineering Services:  Ed Domingue)


 

CONSENT CALENDAR

 

8.                  BID AWARD FOR CONSTRUCTION REPAIRS FOR THE WATER OPERATIONS LUNCH ROOM AT THE CITY YARD Request Council authorize the Utilities Director to execute a Public Services Agreement with Carden Construction, Incorporated of Escondido, in the amount of $109,825, for the construction of essential lunch room repairs for the Water Operations at the City Yard

 

Staff Recommendations:  Approval (Utilities Administration:  Lori Vereker)

 

            RESOLUTION NO. 2008-216

9.                  BID AWARD FOR THE CONSTRUCTION OF CHEMICALLY ENHANCED PRIMARY TREATMENT SYSTEM AT THE HALE AVENUE RESOURCE RECOVERY FACILITY (HARRF) Request Council authorize the Mayor and City Clerk tot execute a Public Improvement Agreement with Cora Constructors of Palm Desert, in the amount of $532,740, for the construction of chemically enhanced primary treatment system at the HARRF

 

Staff Recommendations:  Approval (Utilities Administration:  Lori Vereker)

 

            RESOLUTION NO. 2008-215

10.              INITIATION OF AN AMENDMENT TO ARTICLE 34, OF THE ESCONDIDO ZONING CODE:  COMMUNICATION ANTENNAS Initiation of an amendment to Article 34, Communication Antennas, to the Escondido Zoning Code to encourage wireless facilities in residential areas to locate within the street right-of-way instead of on or adjacent to private residences

 

Staff Recommendations:  Initiate the proposed code amendment for further study (Community Dev./Planning:  Jon Brindle)

 

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.)

 

11.              ADOPTION OF AN ORDINANCE AMENDING THE ESCONDIDO MUNICIPAL CODE TO CORRECT DISCREPANCIES IN THE DESCRIPTION OF THE BUSINESS IMPROVEMENT DISTRICT (Approved by Council on 11/12/08; vote: 3/0/2, Abed and Waldron abstained)

 

ORDINANCE NO. 2008-32 Second reading and adoption


 

CONSENT CALENDAR – RESOLUTIONS AND ORDINANCES (COUNCIL/CDC/RRB)

 

12.              ADOPTION OF AN AMENDMENT TO THE ESCONDIDO MUNICIPAL CODE FOR MINIMUM INSURANCE REQUIREMENTS FOR TAXICAB OPERATORS -(Approved by Council on 11/12/08; vote: 3/2, Waldron and Pfeiler voting no)

 

ORDINANCE NO. 2008-31 Second reading and adoption

13.              ADOPTION OF AN AMENDMENT TO THE ESCONDIDO MUNICIPAL CODE FOR REQUIRED PUBLIC IMPROVEMENTS AND DEDICATION FOR NEW CONSTRUCTION AND EXPANSION (Approved by Council on 11/12/08; vote: 5/0)

 

ORDINANCE NO. 2008-12 Second reading and adoption

PUBLIC HEARINGS

PUBLIC HEARINGS

 

14.              FIRST AMENDMENT TO THE ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2008-2009 Request Council approve an Amendment to the FY 2008-09 One-Year Action Plan to include a new allocation of $400,000 for the acquisition of a building for use as a Tiny Tots Pre-school and neighborhood meeting space. Funds would come from the temporary re-allocation of a portion of the funds currently allocated for the Grape Street Improvement Project

 

Staff Recommendations:  Approval (Neighborhood Services:  Rich Buquet)

 

CURRENT BUSINESS

CURRENT BUSINESS

 

15.              WOHLFORD DAM ALTERNATIVES: COMMUNICATIONS WITH FERC Several alternatives for the Wohlford Dam seismic issue have been developed and a decision on the City's approach must be sent to FERC by November 30, 2008

 

Staff Recommendations:  Indicate to FERC that the City will move forward on further investigation into the two alternatives recommended by the consultants (Utilities Administration:  Lori Vereker)


 

BRIEFING (Staff)

 

FUTURE AGENDA

 

16.              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)

 

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.)

 

COUNCIL/COMMISSION/ MEMBERS COMMENTS

COUNCIL/COMMISSION/ MEMBERS COMMENTS

 

ADJOURNMENT

 

 

 

ADJOURNMENT

7:00 P.M. - Regular Meeting


November 19, 2008
7:00 pm Meeting

Escondido City Council
Community Development Commission

 

 

 

 

CALL TO ORDER

CALL TO ORDER

 

FLAG SALUTE

 

 

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

 

 

PRESENTATIONS:       Friends of Daley Ranch – Appreciation to Council

 

ORAL COMMUNICATIONS

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.)


 

PUBLIC HEARINGS

PUBLIC HEARINGS

 

17.              MASTER & PRECISE PLANNED DEVELOPMENT AMENDMENT (PHG-08-0022) (CARMAX) A modification to a 17.8-acre Lowe's Home Improvement Center Mixed Use Master and Precise Planned Development (2005-58-PD) to replace previously approved 164 attached residences (Tract 946) with a retail automobile dealership on 5.62 acres located at 830 Dan Way and 850 Lenser Way

 

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

 

            a.         ORDINANCE NO. 2008-29  Introduction and first reading

b.         RESOLUTION NO. 2008-219

18.              MODIFICATION TO CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT: 1310 SIMPSON WAY (2007-38-CUP/DA) (ROBERTSONS) A request for a modification to a previously approved Conditional Use Permit and Development Agreement for a concrete ready mix batch plant on a 2.02 acre site in the M-2 (General Industrial) zone, at 1310 Simpson Way. The approved Development Agreement establishes a method to capture sales tax revenue from sales generated at the Escondido location and requires Robertson's to construct infrastructure improvements. The Development Agreement has not been executed. The applicant has requested modifications to the previously approved language to adjust the timing of security for construction of improvements at the intersection of Simpson Way and Hale Avenue, enhance the enforcement of the sales tax provisions through sales tax and guarantee agreements, and change the term of the development

 

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

 

            a.         ORDINANCE NO. 2008-28 Introduction and first reading 

b.         RESOLUTION NO. 2008-217

CURRENT BUSINESS

CURRENT BUSINESS

 

BRIEFING (Staff)

BRIEFING (Staff)

 

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.)


 

 

COUNCIL/COMMISSION/ MEMBERS COMMENTS

COUNCIL/COMMISSION/ MEMBERS COMMENTS

 

 

ADJOURNMENT

ADJOURNMENT

 

UPCOMING MEETING SCHEDULE

Date

Day

Time

Meeting Type

Location

November 26

NO MEETING

 

 

 

December 3

WEDNESDAY

7pm

Swearing-In Ceremonies-only

Council Chambers

December 10

WEDNESDAY

4pm & 7pm

Council Meeting

Council Chambers

December 17

WEDNESDAY

4pm Only

Council Meeting

Council Chambers

December 24

NO MEETING

-

-

-

December 31

NO MEETING

-

-

-

 

 


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.