CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, AUGUST 17, 2022
4:00 PM - Closed Session - CANCELLED
5:00 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
Paul McNamara
DEPUTY MAYOR
Tina Inscoe (District 2)
COUNCILMEMBERS
Consuelo Martinez (District 1)
Joe Garcia (District 3)
Michael Morasco (Disctrict 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.org
1 Wednesday, August 17, 2022
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 https://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, August 17, 2022
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: Garcia, Inscoe, Martinez, Morasco, McNamara
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.
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 considered 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) -
2. APPROVAL OF WARRANT REGISTER (COUNCIL) -
Request approval for City Council and Housing Successor Agency warrant numbers 365644 – 365881 dated August 17, 2022.
Staff Recommendation: Approval (Finance Department: Christina Holmes)
3. APPROVAL OF MINUTES: None
Wednesday, August 17, 2022
4. ANNEXING PROPERTY TO CITYWIDE SERVICES COMMUNITY FACILITIES DISTRICT (CFD) 2020-1 Request that City Council adopt Resolution No. 2022 -65 annexing eight (8) projects containing 150 units into the Citywide Services CFD 2020 -1. Each property owner has voluntarily provided a signed form consenting to annexation as a streamlined method for offsetting the cost of ongoing municipal services.
Staff Recommendation: Approval and File (Development Services: Andrew Firestine, Director of Development Services)
Presenter: Allen Yun, Management Analyst II
Resolution No. 2022-65
5. APPROVAL OF AGREEMENT WITH ESCONDIDO UNION SCHOOL DISTRICT FOR $1,161,000 FOR BEFORE
AND AFTER SCHOOL PROGRAM SERVICES
Request the City Council Approve Resolution 2022 -110 authorizing the Mayor to execute an agreement for $1,161,000 annually with the Escondido Union School District to operate before and after school programming at selected schools within the district.
Staff Recommendation: Approval (Community Services: Joanna Axelrod, Deputy City M anager/Director of Community Services)
Presenter: Danielle Lopez, Assistant Director of Community Services Resolution No. 2022-110
6. FISCAL YEAR 2021/22 PAUL COVERDELL FORENSIC IMPROVEMENT PROGRAM GRANT Request the City Council Adopt Resolution No. 2022-118 authorizing the Interim Chief of Police to accept a FY 2021 -22 California Office of Emergency Services (“CalOES”) Paul Coverdell Forensic Science Improvement Program Grant in the amount of $52,03 3; execute all documents necessary for the management and completion of the grant scope; and authorize the necessary budget adjustment needed to spend grant funds.
Staff Recommendation: Approval (Department Name: David Cramer, Interim Chief of Police)
Presenter: David Cramer, Interim Chief of Police
Resolution No. 2022-118
4 Wednesday, August 17, 2022
7. AUTHORIZATION OF PARTICIPATION AGREEMENT, EASEMENT, AND PLOT PLAN APPROVAL FOR EV
CHARGERS
It is requested that the City Council adopt Resolution No. 2022-119 authorizing the Mayor to execute, on behalf of the City, a Power Your Drive for Parks Public EV Charging Program Participation Agreement (“Agreement”) and related easement (“Easement”) with San Diego Gas & Electric (“SD G&E”) for the installation of nine electric vehicle (“EV”) charging stations at the Woodward Parking Lot of Grape Day Park, and approve SDG&E’s Plot Plan (City Case No. PL22-0323) for the design of the EV charging stations (“Plot Plan”).
Staff Recommendation: Approval (Development Services Department: Andrew Firestine) Presenter: Adam Finestone, City Planner
Resolution No. 2022-119
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.)
PUBLIC HEARINGS
CURRENT BUSINESS
8. CITY COUNCIL DISCUSSION OF THE OPERATION AND MANAGEMENT AGREEMENT BETWEEN THE CITY
AND THE CALIFORNIA CENTER FOR ARTS, ESCONDIDO, FOUNDATION AND THE FUNDING ASSOCIATED
WITH AN EXTENSION OF THIS AGREEMENT
Request the City Council (1) receive and file a staff report concerning the Management Agreement between the City and the California Center for Art, Escondido, Foundation (“CCAEF”); and (2) provide direction to staff regarding any budget adjustments to be made to the FY2023 General Fund Operating Budget concerning annual funding for the CCAEF.
Staff Recommendation: Receive and file the Staff Report; provide direction regarding budget adjustment Presenter: Christopher W. McKinney, Deputy City Manager/Director of Utilities
5 Wednesday, August 17, 2022
FUTURE AGENDA
9. 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
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.org.
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, AUGUST, 24, 2022 4:00 & 5:00 PM Regular Meeting, Council Chambers Wednesday, SEPTEMBER, 14, 2022 4:00 & 5:00 PM 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.
6 Consent Item No. 1 August 17, 2022
A F F I D A V I T S
OF
I T E M
P O S T I N G - NONE
7 Item1.
STAFF REPORT
August 10, 2022
File Number 0400-40
SUBJECT
APPROVAL OF WARRANT REGISTER (COUNCIL)
DEPARTMENT
Finance
RECOMMENDATION
Request approval for City Council and Housing Successor Agency warrant numbers 365644 – 365881 dated August 3, 2022.
Staff Recommendation: Approval (Finance Department: Christina Holmes)
FISCAL ANALYSIS
The total amount of the warrants for the period of July 28 – August 3, 2022, is $4,796,110.16.
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.
STAFF REPORT
August 17, 2022
File Number 0685-10
SUBJECT
ANNEXING PROPERTY TO CITYWIDE SERVICES COMMUNITY FACILITIES DISTRICT (CFD) 2020-1
DEPARTMENT
Development Services
RECOMMENDATION
Request that City Council adopt Resolution No. 2022-65 annexing eight (8) projects containing 150 units into the Citywide Services CFD 2020 -1. Each property owner has voluntarily provided a signed form consenting to annexation as a streamlined method for offsetting the cost of ongoing municipal services.
Staff Recommendation: Approval and File (Development Services: Andrew Firestine, Director of Development Services)
Presenter: Allen Yun, Management Analyst II
FISCAL ANALYSIS
Prior to the economic impacts of COVID -19, the General Fund long -term financial plan projected annual deficits growing to $13 million by Fiscal Year 2023/24.
PREVIOUS ACTION
On June 12, 2019, the City Council directed staff to investigate all options to address the structural budget deficit to ensure the budget deficit does not grow as the City develops, including evaluating the feasibility of a Citywide Services CFD as a streamlined means for projects to offset their ongoing impact to the general fund.
On May 13, 2020, the City Council held a duly noticed public hearing and adopted Resolution No. 2020 - 44 (Resolution of Formation) establishing CFD 2020-1, the Citywide Services CFD.
On September 16, 2020, the City Council adopted Resolution No. 2020-115 annexing five projects with 66 units into CFD 2020-1 creating the second (2) zone of the Services CFD (Zone 2020-2).
On October 21, 2020, the City Council adopted Resolution No. 2020 -147 annexing a 42 -unit project located at 2608 S. Escondido Blvd. into CFD 2020 -1 and creating the third (3) zone of the Services CFD (Zone 2020-03).
9 Item4.
On November 18, 2020, the City Council adopted Resolution No. 2020 -160 annexing two (2) projects containing 21 units into CFD 2020-1 creating the fourth zone of the Services CFD (Zone 2020-04).
On July 21, 2021, the City Council adopted Resolution No. 2021-77 approving the special tax rate for CFD 2020-1 (Public Services).
On September 15, 2021, the City Council adopted Resolution No. 2021 -130 annexing three (3) projects containing 65 units into CFD 2020-1 creating the fifth (5) zone of the Services CFD (Zone 2020-5).
On March 2, 2022, the City Council adopted Resolution No. 2022-14 annexing two (2) projects containing 44 units into CFD 2020-1 creating the sixth (6) zone of the Services CFD (Zone 2020-6).
BACKGROUND
The goal of the Citywide Services CFD is to provide a streamlined way to make new development revenue neutral such that existing residents do not subsidize development. Annexing into the Services CFD, after approval by the City Council, is an efficient way to allow property owners to fund the costs of providing ongoing public services to their project and avoids widening of the structural budget deficit as a result of new development.
Zone 2020-7 will be the seventh (7) zone of the Citywide Services CFD that is comprised of eight (8) projects totaling 150 units. The following projects have provided forms consenting to the annexation of the property into the Citywide Services CFD.
Zone 2020-7 Annexation Table Detailing Special Tax Rates Applicable for FY 2022/23:
Annexation Table Detailing Special Tax Rates Applicable for FY 2022/23:
Zone Land Use
Category Density Assessor
Parcel No(s). Unit
Annual
Special Tax
Per Unit*
Annual
Special Tax
Total
2020-7 1
Less than 5.5
DU/Acre 235-202-59-00 1 DU $575.19 $575.19
2020-7 1
Less than 5.5
DU/Acre 224-143-50-00 1 DU $575.19 $575.19
2020-7 1
Less than 5.5
DU/Acre 238-110-35-00 5 DU $575.19 $2,875.95
2020-7 1
Less than 5.5
DU/Acre 227-180-27-00 6 DU $575.19 $3,451.14
2020-7 1
Less than 5.5
DU/Acre 236-335-53-00 1 DU $575.19 $575.19
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2020-7 1
Less than 5.5
DU/Acre 232-333-16-00 1 DU $575.19 $575.19
2020-7 1
Less than 5.5
DU/Acre 233-111-16-00 1 DU $575.19 $575.19
2020-7 2 5.5 – 18 Units/Acre
224-260-23-00
224-260-46-00
224-260-47-00 134 DU $797.33 $106,842.22
* For FY 2022/23 in accordance with the RMA for CFD 2020-1 (Services) Annual Levy: Prior to July 30th of each year, the special tax levy will be set by the City Council for all properties within CFD 2020 -1. The special tax for CFD 2020 -1 will escalate at the maximum rate of inflation as determined by the Consumer Price Index (CPI) and at a minimum rate of 2% per year.
Including the above parcels proposed for annexation, the Citywide Services CFD will provide a convenient method for 23 projects totaling 769 units to offset the ongoing costs to provide municipal services. It is estimated that $545,000.00 in annual costs are necessary to provide these residential units with future municipal services.
RESOLUTIONS
a. RESOLUTION NO. 2022-65
b. RESOLUTION NO. 2022-65 – Exhibit A – Unanimous Approvals c. RESOLUTION NO. 2022-65 – Exhibit B – CFD Boundary Map d. RESOLUTION NO. 2022-65 – Exhibit C – Rate and Method of Apportionment of Special Taxes e. RESOLUTION NO. 2022-65 – Exhibit D – Legal Descriptions
11 Item4.
RESOLUTION NO. 2022‐65
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2020‐1 OF THE
CITY OF ESCONDIDO (SERVICES), ANNEXING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2020‐1 OF
THE CITY OF ESCONDIDO (SERVICES)
WHEREAS, on April 8, 2020, the City Council (the “City Council”) of the City of Escondido adopted Resolution No. 2020‐24 (the “Resolution of Intention”), declaring its intention to establish Community Facilities District No. 2020‐1 of the City of Escondido (Services) (“Community Facilities District No. 2020‐ 1” or the “District”) pursuant to the Mello‐Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Go vernment Code of the State of California (the “Act”); and
WHEREAS, pursuant to Section 53339.3 of the Act, the Resolution of Intention included a description of the future annexation area of the District (the “Future Annexation Area”), wherein property owners may be annexed into the District only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed into the District; and
WHEREAS, the Resolution of Intention described (i) the servic es that may be provided by the District; (ii) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Exhibit “C” attached to the Resolution of Intention (the “Rate and Method”); and (iii) the Future Annexation Area; and
WHEREAS, on May 13, 2020, after a duly noticed public hearing, the City Council adopted Resolution No. 2020‐44 (the “Resolution of Formation”) establishing Community Facilities District No. 2020‐1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the Rate 12 Item4.
and Method, and (ii) the establishment of an appropriations limit for Community Facilities District No. 2020‐1; and
WHEREAS, pursuant to a Unanimous Approval executed by Steven L. Salas on behalf of MFG
GAMBLE LANE, LLC, a California limited liability company, (“Owner 1”), dated April 19, 2022, attached
hereto as Exhibit “A” (the “Owner 1 Unanimous Approval”), Owner 1 stated its intention to annex the territory described in Exhibit “B” and Exhibit “D” to the Owner 1 Unanimous Approval to the District (the “Owner 1 Annexation Territory”) with no further hearings or procedures required with respect to such annexation to the District; and
WHEREAS, pursuant to a Unanimous Approval executed by Robert Sadler, (“Owner 2”), dated
July 21, 2021, attached hereto as Exhibit “A” (the “Owner 2 Unanimous Approval”), Owner 2 stated its
intention to annex the territory described in Exhibit “B” and Exhibit “D” to the Owner 2 Unanimous Approval to the District (the “Owner 2 Annexation Territory”) with no further hearings or procedures required with respect to such annexation to the District; and WHEREAS, pursuant to a Unanimous Approval executed by Mark Marquez on behalf of MARCOR
VENTURES, INC, a California corporation, (“Owner 3”), dated September 29, 2021, attached hereto as
Exhibit “A” (the “Owner 3 Unanimous Approval”), Owner 3 stated its intention to annex the territory described in Exhibit “B” and Exhibit “D” to the Owner 3 Unanimous Approval to the District (the “Owner 3 Annexation Territory”) with no further hearings or procedures required with respect to such annexation to the District; and
WHEREAS, pursuant to a Unanimous Approval executed by Scot Sandstrom on behalf of NEW
POINTE INVESTMENT 51, LLC, a California limited liability company, (“Owner 4”), dated May 4, 2022,
attached hereto as Exhibit “A” (the “Owner 4 Unanimous Approval”), Owner 4 stated its intention to annex the territory described in Exhibit “B” and Exhibit “D” to the Owner 4 Unanimous Approval to the 13 Item4.
District (the “Owner 4 Annexation Territory”) with no further hearings or procedures required with respect to such annexation to the District; and
WHEREAS, pursuant to a Unanimous Approval executed by Stan Stark, (“Owner 5”), dated May
5, 2022 on behalf of Stan Stark and Kimberly Stark, attached hereto as Exhibit “A” (the “Owner 5
Unanimous Approval”), Owner 5 stated its intention to annex the territory described in Exhibit “B” and Exhibit “D” to the O wner 6 Unanimous Approval to the District (the “Owner 5 Annexation Territory”) with no further hearings or procedures required with respect to such annexation to the District; and WHEREAS, pursuant to a Unanimous Approval executed by Ryan Nestman on behalf of GASSER
NESTMAN PROPERTIES, LLC, a limited liability company, (“Owner 6”), dated January 4, 2022, attached
hereto as Exhibit “A” (the “Owner 6 Unanimous Approval”), Owner 6 stated its intention to annex the territory described in Exhibit “B” and Exhibit “D” to the Owner 6 Unanimous Approval to the District (the “Owner 6 Annexation Territory”) with no further hearings or procedures required with respect to such annexation to the District; and
WHEREAS, pursuant to a Unanimous Approval executed by Susana Velasco, (“Owner 7”), dated
February 17, 2022, attached hereto as Exhibit “A” (the “Owner 7 Unanimous Approval”), Owner 7 stated
its intention to annex the territory described in Exhibit “B” and Exhibit “D” to the Owner 7 Unanimous Approval to the Di strict (the “Owner 7 Annexation Territory”) with no further hearings or procedures required with respect to such annexation to the District; and WHEREAS, pursuant to a Unanimous Approval executed by John Martin and Fred Talarico on
behalf of NUTMEG 134, LLC, a Delaware limited liability company, (“Owner 8”), dated May 3, 2022,
attached hereto as Exhibit “A” (the “Owner 8 Unanimous Approval”), Owner 8 stated its intention to annex the territory described in Exhibit “B” and Exhibit “D” to the Owner 8 Unanimous Approval to the 14 Item4.
District (the “Owner 8 Annexation Territory”) with no further hearings or procedures required with respect to such annexation to the District; and
WHEREAS, the Annexation Territory is within the Future Annexation Area of the District; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the annexation of the Annexation Territory to the District; 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 City Council hereby finds and determines that all prior proceedings taken with
respect to the establishment of the District and the proposed annexation of the Annexation Territory to the District were valid and in conformity with the requirements of law, including the Act, and the annexation of the Annexation Territory to the District in accordance with the Unanimous Approval is hereby approved.
3. That the map showing the original boundaries of the District designated as “Boundary Map of Community Facilities District No. 2020‐1 (Services) City of Escondido, County of San Diego, State of California”, which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County Book of Maps of Assessment and Community Facilities Districts in the Assessor‐County Clerk‐Recorder’s off ice of the County of San Diego in Book No. 48 Page Nos. 79‐80 on April 13, 2020, as Instrument No. 2020‐7000088.
4. That the City Council hereby authorizes a map showing the Annexation Territory to be annexed to the District and be made subject to taxation i n the form attached hereto as Exhibit “B” be recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County Book of 15 Item4.
Maps of Assessment and Community Facilities Districts in the Assessor‐County Clerk‐Recorder’s office of the County of San Diego.
5. That the City Council hereby adopts the Rate and Method attached as Exhibit “C” to the Resolution of Intention as the applicable rate and method for the Annexation Territory. Except where funds are otherwise available, it is the intention of the City Council to levy the proposed special taxes at the rates within the Annexation Territory set forth in the Rate and Method on all non‐exempt property within the Annexation Territory sufficient to pay for (i) the Services (as defined in the Rate and Method), and (ii) Incidental Expenses (as defined in the Rate and Method). The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the annexation of the Annexation Territory to the District. The rate and method of apportionment of the special tax applicable to the Annexation Territory is described in detail in Exhibit “C” to the Resolution of Intention which is incorporated herein by this reference, and the City Council hereby finds that Exhibit “C” to the Resolution of Intention contains sufficient detail to allow each landowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel. The special tax is apportioned to each parcel on the forego ing bases pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property.
6. That upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non‐exempt real property in the Annexation Territory and this lien shall continue in force and effect until the levy of the special tax by the District ceases in accordance with the Rate and Method.
7. That consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within the Annexation Territory, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial prod uction of agricultural timber or livestock products 16 Item4.
is contiguous to other land within the Annexation Territory and will be benefited by the Services proposed to be provided within Community Facilities District No. 2020‐1 and the Annexation Territory.
8. That it is hereby further determined that there is no ad valorem property tax currently being levied on property within the Annexation Territory for the exclusive purpose of paying for the same services as are proposed to be provided by Community Facilities District No. 2020‐1.
9. This Resolution shall be effective upon its adoption.
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CD LOT NUMBER
ANNEXATION BOUNDARY
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF ESCONDIDO, THIS DAY OF , 20 __
BY, _________ _
C I TY CLERK
CITY OF ESCONDIDO
STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWIN0 THE BOUNDARIES OF THE ANNEXATION OF ZONE 202 - TO COMMUNITY FACILITIES DISTRICT NO. 2020-1 OF THE CITY OF ESCONDIDO, COUNTY OF SAN DIE00, STATE
OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ESCONDIDO AT A RE0ULAR MEETIN0 THEREOF, HELD ON THE DAY OF , 20 , BY ITS RESOLUTION NO. _____ _
BY, _________ _
C I TY CLERK
CITY OF ESCONDIDO
STATE OF CALIFORNIA
FILED THIS DAY OF , 20 , AT THE HOUR
OF O'CLOCK .M. AS DOCUMENT NO. IN BOOK
PA0E(S) OF MAPS OF ASSESSMENTS AND COMMUNITY FACILITIES
DIS TR IC TS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIE00, CALIFORNIA,
BY, _________ _
DEPUTY RECORDER
COUNTY RECORDER, ERNEST J. DRONENBUR0, JR.
COUNTY OF SAN DIE00
STATE OF CALIFORNIA
LOT DESIGNATION
LOT NO. APN. SHEET
CD 235-202-59-00 I
@ 224 -143-50-00 I
0 238-110-35-00 I
0 227 -180-27 -00 I
® 236 -335 -53 -00 2
@ 232-333-16-00 2
(]) 233-111-16-00 2
® 224-260-23-00 2
G) 224-260-46-00 2
@ 224 -260-47 -00 2
SHEET I OF 2
CITY OF ESCONDIDO / COUNTY OF SAN DIE00 BOUNDARY LINE DATE, AUGUST, 2022 NO. CFD2020 - I
Resolution No. 2022-65
Exhibit "B"
61 Item4.
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Exhibit "B"
62 Item4.
City of E
scondido
March 23, 2020
Community Facilities District No. 2020-1 1
Appendix A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
COMMUNITY FACILITIES DISTRICT NO. 2020-1
(Services)
CITY OF ESCONDIDO
A Special Tax (as hereinafter defined) shall be levied on all Assessor’s Parcels within Community Facilities District No. 2020-1 (“CFD No. 2020-1”) of the City of Escondido (“City”) and collected each Fiscal Year commencing in Fiscal Year 2020-2021, in an amount determined by the City Council, through the application of this Rate and Method of Apportionment of Special Taxes as described below. All of the real property within the boundaries of CFD No. 2020-1, unless exempted by law or by the provisions hereof, shall be subject to the Special Tax for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms he
reinafter set forth have the following meanings:
“Acre” or “Acreage” means the acreage of an Assessor’s Parcel as shown on an Assessor’s Parcel Map. If the acreage is not shown on an Assessor’s Parcel Map, the acreage shown on the applicable Final Map, parcel map, condominium plan, or other recorded County map shall be used. If the acreage information supplied by these alternative sources is not available, or in conflict, the acreage used shall be determined by the CFD Administrator or a designee. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the formation, annexation and administration of CFD No. 2020-1, including but not limited to the following: (i) the costs of computing the Special Taxes and preparing and presenting to City Council the Special Tax collection schedules (whether by the City or designee thereof or both); (2) the costs of collecting the Special Taxes (whether by the County or otherwise); (3) the costs to the City, CFD No. 2020-1 or any designee thereof in responding to property owner and public inquiries regarding CFD No. 2020-1, including its Special Taxes; (4) the costs of the City, CFD No. 2020-1 or any designee related to an appeal of the Special Tax; (5) the costs of the City, CFD No. 2020-1 or any designee related to preparing required reporting obligations; (6) the City’s annual administration fees and third party expenses; (7) the costs of City staff time and reasonable overhead relating to CFD No. 2020-1; and (8) amounts estimated or advanced by the City or CFD No. 2020-1 for any other administrative purposes of CFD No. 2020-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Assessor” means the County Assessor.
Resolution No. 2022.65
Exhibit C
63 Item4.
City of E
scondido
March 23, 2020
Community Facilities District No. 2020-1 2
“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s parcel number located within the boundaries of CFD No. 2020-1. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s parcel number.
“Building Permit” means the first legal document issued by the City giving official permission for the construction of a building on an Assessor’s Parcel. For purposes of this definition and application of the Special Tax, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the CFD Administrator.
“CFD Administrator” means the Finance Director or other official of the City responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Taxes and performing the other duties provided herein. “CFD No. 2020-1” means Community Facilities District No. 2020-1 of the City of Escondido. “City” means the City of Escondido, California.
“City Council” means the City Council of the City, acting as the Legislative Body of CFD No. 2020-1, or its designee.
“County” means the County of San Diego, California.
“Density” means the maximum number of dwelling units permitted per acre, including streets within the development, excluding all ultimate circulation element street rights-of- way, adjustments for floodways as defined by the Federal Emergency Management Agency (FEMA) or the City, slope categories, and other environmental factors as designated in each land use
category and/or open space/ conservation element. All as further defined within the City’s Gene
ral Plan adopted May 2012 per Resolution 2012-52, as amended from time-to- time. Density shal
l be determined by the CFD Administrator prior to annexation. “Developed Property” means, for each Fiscal Year, all Taxable Property for which a Building Permit for new construction was issued prior to March 1st of the pr ior Fiscal Year.
“Dwelling Unit” or “DU” means, as defined in the City of Escondido Municipal Code 32.102 and amended from time to time, each residential unit, without regard to the square footage of the Dwelling Unit, including but not limited to an individual single-family detached Dwelling Unit, small lot single-family Dwelling Unit, townhome, condominium, apartment, or other such residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure that comprises an independent facility capable of conveyance or rental separate from the primary Dwelling Unit(s). Dwelling Unit does not include
an attached or detached accessory dwelling unit, as defined in the Section 33-8 of the Escondido Zon
ing Code, as amended from time-to-time.
Resolution No. 2022.65
Exhibit C
64 Item4.
City of E
scondido
March 23, 2020
Community Facilities District No. 2020-1 3
“Exempt Property” means all Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section D.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Index” means the Consumer Price Index as published by the United State Department of Labor, titled “CPI for All Urban Consumers.” Further defined with the Series Title, “All items in San Diego – Carlsbad, CA, all urban consumers, not seasonally adjusted”. If this Index is no longer available, an alternative comparable Index will be chosen by the CFD Administrator. “Land Use Category” means any of the categories listed in Section C, Table 1 which resulted from the initial analysis of the impacts from new Dwelling Units for providing Services and Appendix A, as to the initial property within CFD No. 2020-1, which may be updated from time to time as annexations occur.
“Maximum Special Tax” means for each Assessor’s Parcel and each Fiscal Year, the Maximum Special Tax, determined in accordance with Section C, below, that may be levied on such Assessor’s Parcel in such Fiscal Year.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit was issued for any type of non-residential use. “Proportionately” means for Taxable Property, that the ratio of actual Special Tax levy to the Maximum Special Tax rate is equal for all applicable Assessor’s Parcels within the Zone. “Rate and Method of Apportionment” means the “Rate and Method of Appointment of Special Taxes for Community Facilities District No. 2020-1 of the City of Escondido.” “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units. “Services” means services authorized to be funded by CFD No. 2020-1. “Special Tax(es)” means the Special Tax authorized to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within the boundaries of CFD No. 2020-1 in accordance with this Rate and Method of Apportionment.
“Special Tax Requirement” means, subject to the Maximum Special Tax, that amount to be collected in any Fiscal Year to pay for the Services as otherwise required to meet the needs of CFD No. 2020-1. The Special Tax Requirement include the costs for (1) the Services, and (2) Administrative Expenses, less (3) a credit for funds available to reduce the Special Tax levy, if any, as determined by the CFD Administrator.
“State” means the State of California.
Resolution No. 2022.65
Exhibit C
65 Item4.
City of E
scondido
March 23, 2020
Community Facilities District No. 2020-1 4
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2020-1 which are not exempt from the Special Tax pursuant to law or Section D below. “Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels, or portions thereof, of Taxable Property not classified as Developed Property. “Zone” means a mutually exclusive geographic area or areas, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment. The initial Zone of CFD No. 2020-1 is identified as Zone 2020-1. Additional Zones may be created when property is annexed into CFD No. 2020-1.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each
Fiscal Year, beginning with Fiscal Year 2020-21, all property within CFD No. 2020-1 shall be classified as Taxable Property or Exempt Property. Each Assessor Parcel of Taxable Property shall be further classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Section C below. Assessor’s Parcels of Taxable Developed Property shall further be classified into Land Use Categories.
C. MAXIMUM SPECIAL TAX
An Asse
ssor’s Parcel may contain more than one Land Use Category. The Maximum Special Tax which may be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be imposed based on each Land Use Category applicable to such Assessor’s Parcel.
1. Developed Property
a. Maximum Special Tax
Each
Fiscal Year, each Assessor’s Parcel of Developed Property shall be subject to the Maximum Special Tax. The Maximum Special Tax applicable for Developed Taxable Property within Zone 2020-1 was determined through the application of Table 1, and is as shown in Appendix A. Appendix A will be updated at the time of each annexation to reflect the Land Use Categories and applicable Maximum Special Taxes for each annexed Zone or by areas within each annexed Zone.
The Maximum Special Tax for Fiscal Year 2020-2021 applicable to an Assessor’s Parcel of Developed Property shall be determined using Table 1 below.
Resolution No. 2022.65
Exhibit C
66 Item4.
City of E
scondido
March 23, 2020
Community Facilities District No. 2020-1 5
TABLE 1
Maximum Special Tax Rates
for Developed Residential Property per Dwelling Unit*
Fiscal Year 2020-2021
Land Use
Category Density Unit
Special Tax
Per Unit
1 Less than 5.5
DU/Acre DU $536.00
2 5.5 to less than 18
DU/Acre DU $743.00
3 18.0 to less tha
n 30 DU/Acre DU $725.00
4 30 DU/Ac
re or Greater DU $783.00
* The
analysis performed to establish the Special Tax per DU shown above only considered the impacts from property within the current City boundary.
b. Escalation
Each
July 1st, comme
ncing July 1, 2021, the Maximum Special Taxes shall increase annually by the greater of the annual percentage change in the Index or two percent (2%) from the amount established in the prior Fiscal Year.
2. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
D. EXEMPT PROPERTY
The CF
D Administrator shall classify as Exempt Property within the boundaries of CFD No. 2020-1: (1) Any Assessor’s Parcel that is owned or irrevocably dedicated to the State of California, Federal or other local governments, including school districts, (2) Assessor’s Parcels which are owned by or irrevocably dedicated to a homeowners association, or (3) Assessor’s Parcels with other types of public uses determined by the CFD Administrator.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing
with Fiscal Year 2020-2021 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for such Fiscal Year and shall levy the Special Tax Proportionately on each Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement.
F. PREPAYMENT OF SPECIAL TAX
No pre
payments of the Special Tax are permitted.
Resolution No. 2022.65
Exhibit C
67 Item4.
City of Escond
ido
March 23, 2020
Community Facilities District No. 2020-1 6
G. APPEALS AND INTERPRETATIONS
Any property
owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator. The written notice of appeal must be filed within the same Fiscal Year as having paid the first installment of the Special Tax that is disputed and the property owner must be current and remain current in the payment of all Special Tax levied on or before the payment date.
The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the CFD Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, an adjustment shall be made to the Annual Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) and a refund, as described, shall be made representing the amount of the adjustment for only the most recent Fiscal Year. The CFD Administrator shall determine if funds are available to provide such refund or, if funds are not available in the sole discretion of the CFD Administrator to provide a cash refund, a credit to the levy of Special Tax in one or more subsequent Fiscal Years shall be made in the same amount. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal actions by such property owner.
The CFD Administrator may interpret this Rate and Method of Apportionment for purposes of clarifying ambiguity and make determinations relative to the amount of Administrative Expenses.
H. MANNER OF COLLECTION
The Special
Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2020-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
I. TERM OF THE SPECIAL TAX
For eac
h Fiscal Year, the Special Tax shall be levied in perpetuity as long as the Services are being provided.
J. FUTURE ANNEXATIONS
It is a
nticipated that additional properties will be annexed into CFD No. 2020-1 from time to time. For Land Use Categories not included in the initial boundaries of CFD No. 2020-1, a study and report describing the Services to be provided to such properties and the estimated Resolution No. 2022.65
Exhibit C
68 Item4.
City of Escondid
o
March 23, 2020
Community Facilities District No. 2020-1 7
cost of such Services shall be provided to the City Council as the legislative body of the CFD No. 2020-1 in accordance with Section 53321.5 of the Mello-Roos Act. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et. seq. will be assigned an appropriate Maximum Special Tax rate for the Zone or areas within the Zone by Land Use Category as provided herein or as defined and detailed when annexed and included in Appendix A.
Resolution No. 2022.65
Exhibit C
Item4.
8 FOR COMMUNITY FACILITIES DISTRICT NO. 2020-1
OF THE CITY OF ESCONDIDO (SERVICES)
(ANNEXATION NO. 7 ZONE 2020-7)
MAXIMUM SPECIAL TAXES ASSIGNED
Maximum Special Tax Rates
For Developed Residential Property per Dwelling Unit
Fiscal Year 2022-2023
Zone
Land Use
Category Density
Assessor Parcel
No(s). Unit
Annual
Special Tax
Per Unit*
Annual
Special Tax
Total
2020-7 1
Less than 5.5
DU/Acre 235-202-59-00 1 DU $575.19 $575.19
2020-7 1
Less than 5.5
DU/Acre 224-143-50-00 1 DU $575.19 $575.19
2020-7 1
Less than 5.5
DU/Acre 238-110-35-00 5 DU $575.19 $2,875.95
2020-7 1
Less than 5.5
DU/Acre 227-180-27-00 6 DU $575.19 $3,451.14
2020-7 1
Less than 5.5
DU/Acre 236-335-53-00 1 DU $575.19 $575.19
2020-7 1
Less than 5.5
DU/Acre 232-333-16-00 1 DU $575.19 $575.19
2020-7 1
Less than 5.5
DU/Acre 233-111-16-00 1 DU $575.19 $575.19
2020-7 2
5.5 – 18
Units/Acre
224-260-23-00
224-260-46-00
224-260-47-00 134 DU $797.33 $106,842.22
Increases in the Maximum Special Tax:
On each July 1, commencing July 1, 2022, the Maximum Special Tax shall be increased by the greater of the annual percentage change in the Index or 2%.
70 Item4.
LEGAL DESCRIPTIONS FOR ASSESSOR PARCEL NUMBERS ANNEXING INTO COMMUNITY FACILITES DISTRICT 2020-1
1500 GAMBLE LANE, ESCONDIDO CA 92029
PARCEL 1 OF PARCEL MAP NO. 9303, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, OCTOVER 25, 1979.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY.
APN: 235-202-59-00
1123 ORANGE BLOSSOM WAY, ESCONDIDO CA 92026
PARCEL 1:
THAT CERTAIN “REMAINDER PARCEL (NOT A PART OF THIS SUBDIVISION)” SHOWN AND DELINEATED ON ESCONDIDO TRACT NO. 703-A, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13555, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, APRIL 2, 1998.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE
LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THE SOUTHEASTERLY 20.00 FEET OF LOT 1 IN BLOCK 416 OF RANCHO RINCON DEL DIABLO, IN THE
CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 723, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1892.
APN: 224-143-50-00
2350 MILLER ROAD, ESCONDIDO CA 92029
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
T
HE FOLLOWING LAND DESCRIBED PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 5, 2021 AS INSTRUMENT NO. 2021-0091283, OF OFFICIAL RECORDS:
THAT PORTION OF LOT THREE IN BLOCK TWENTY-FIVE OF HOMELAND ACRES ADDITION TO ESCONDIDO NO. 2, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1241, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 11, 1910, LYING SOUTH OF A LINE THAT IS PARALLEL WITH AND
DISTANT TWO HUNDRED SIXTY-FOUR FEET SOUTHERLY FROM THE NORTHERLY LINE OF SAID LOT THREE, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
Resolution No. 2022.65
Exhibit D
71 Item4.
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 3, NORTH 12° 01' EAST, 121.3 FEET FROM THE SOUTHWEST CORNER THEREOF;
T
HENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 12° 01" EAST, 259.7 FEET; TH
ENCE SOUTH 77° 59' EAST, 258.2 FEET;
TH
ENCE SOUTH 56° 51' WEST, 366.2 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
T
OGETHER WITH THE NORTHERLY HALF OF THE UN-NAMED STREET ADJOINING SAID LOT 3 ON THE SOUTH AS VACATED BY THE COUNTY OF SAN DIEGO BY RESOLUTION RECORDED JUNE 3, 1981, AS INSTRUMENT NO. 81-172660, OF OFFICIAL RECORDS IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
E
XCEPT THEREFROM THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED DECEMBER 3, 1970 AS FILE NO. 221136, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
CO
MMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 3;
TH
ENCE (1) ALONG THE WESTERLY LINE OF SAID LOT 3, NORTH 12° 35' 46" EAST, 121.29 FEET TO THE NORTHWESTERLY LINE OF THAT LAND GRANTED TO C.G. BASSET AND SALLY S. BASSET PER DEED RECORDED MARCH23, 1973 AS INSTRUMENT NO. 73-076918, OF OFFICIAL RECORDS; TH
ENCE (2) ALONG SAID NORTHWESTERLY LINE NORTH 57° 24' 50" EAST, 75.69 FEET TO THE TRUE POINT OF BEGINNING;
TH
ENCE (3) LEAVING SAID NORTHWESTERLY LINE SOUTH 77° 24' 01" EAST, 387.45 FEET; TH
ENCE (4) ALONG A TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 458.00 FEET; THROUGH AN ANGLE OF 25° 45' 36", A DISTANCE OF 205.92 FEET TO THE EASTERLY LINE OF SAID LOT 3;
TH
ENCE (5) ALONG SAID EASTERLY LINE NORTH 12° 37' 04" EAST, 251.93 FEET TO THE NORTHERLY LINE OF SAID BASSETT LAND;
TH
ENCE (6) ALONG SAID NORTHERLY LINE NORTH 77° 26' 22" WEST, 196.96 FEET; TH
ENCE (7) LEAVING SAID NORTHERLY LINE SOUTH 31° 53' 10" EAST, 141.58 FEET; TH
ENCE (8) SOUTH 22° 48' 07" WEST, 46.00 FEET;
TH
ENCE (9) NORTH 77° 24' 01" WEST, 421.08 FEET TO SAID NORTHWESTERLY LINE; Resolution No. 2022.65
Exhibit D
72 Item4.
THENCE (10) ALONG SAID NORTHWESTERLY LINE SOUTH 57° 24' 50" WEST, 84.58 FEET TO THE TRUE POINT OF BEGINNING.
E
XCEPTING THEREFROM, ANY PORTIONS LYING NORTHERLY OF COURSES 3 AND 4 DESCRIBED ABOVE.
P
ARCEL C:
T
HAT PORTION OF LOT 3 IN BLOCK 25 OF HOMELAND ACRES ADDITION TO ESCONDIDO NO. 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1241, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 11, 1910, SAID PORTION HEREBY CONVEYED DESCRIBED AS FOLLOWS:
B
EGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 3, DISTANT ALONG SAID WESTERLY LINE NORTH 12° 35' 46" EAST, 121.29 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 3;
T
HENCE ALONG THE FOLLOWING NUMBERED COURSES:
(
1) NORTH 57° 24' 50" EAST, 75.69 FEET, TO THE SOUTHERLY RIGHT OF WAY LINE OF FRONTAGE ROAD "FA-L" OF STATE FREEWAY 11-SD-15 28.5, SAID FRONTAGE ROAD BEING
60.00 FEET IN WIDTH;
(
2) ALONG THE SOUTHERLY RIGHT OF WAY LINE NORTH 77° 24' 01" WEST, 53.35 FEET, TO SAID WESTERLY LINE OF SAID LOT 3;
(
3) ALONG LAST SAID LINE SOUTH 12° 35' 48" WEST, 53.69 FEET, TO THE POINT OF BEGINNING.
A
PN: 238-110-35-00
1600
N. BROADWAY, ESCONDIDO CA 92026
T
HE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ESCONDIDO IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
P
ARCEL 1:
A
LL THAT PORTION OF LOT 4 IN BLOCK 422 OF RANCHO RINCON DEL DIABLO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 723, MADE BY J. M. GRAHAM, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1892, DESCRIBED AS FOLLOWS:
B
EGINNING AT THE SOUTHWESTERLY CORNER OF LOT 4 IN BLOCK 422; RUNNING THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 240 FEET; THENCE Resolution No. 2022.65
Exhibit D
73 Item4.
EASTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 380 FEET;
THENCE SOUTHERLY AND PARALLEL WITH THE WESTERLY LINE OF SAID LOT, A DISTANCE OF 240 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT 4; THENCE WESTERLY ALONG SAID SOUTHERLY LINE, A DISTANCE OF 380 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR ROAD PURPOSES OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 4 IN BLOCK 422; THENCE RUNNING NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 240 FEET, WHICH IS THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID WESTERLY LINE A DISTANCE OF 15 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 4 A DISTANCE OF 326 FEET; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 15 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTHERLY LINE OF LOT 4, A DISTANCE OF 326 FEET TO THE TRUE POINT OF BEGINNING.
APN: 227-180-27-00
1998 ROHN ROAD, ESCONDIDO CA 92025
PARCEL 1 OF PARCEL MAP NO. 13588, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 12, 1984 AS FILE NO. 84-462999 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL OIL, GAS ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES
AND OTHER MINERALS, WITHIN OR UNDERLYING OR
THAT MAY BE PRODUCED FROM SAID
PROPERTY, TOGETHER WITH THE FULL RIGHT TO EXPLORE FOR, DEVELOP, DRILL, REMOVE AND
RECOVER THE SAME FROM SAID PROPERTY AND THE RIGHT TO USE THAT PORTION OF THE SUBSURFACE OF SAID PROPERTY LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF
SAID PROPERTY FOR ALL PURPOSES PERTAINING TO INCIDENT TO THE FOREGOING BUT NOT
INCLUDING WITHIN THIS EXCEPTION ANY RIGHT TO USE THE SURFACE OF SAID PROPERTY OR THAT PORTION OF THE SUBSURFACE THEREOF LYING ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE FOR THE AFORESAID PURPOSES, AS RESERVED BY S. ALBERT MOLLE AND GLADYS MOLLE IN DEED RECORDED MARCH 3, 1972, AS INSTRUMENT NO. 52072, OFFICIAL RECORDS.
APN: 236-335-53-00
Resolution No. 2022.65
Exhibit D
74 Item4.
663 S. TULIP STREET, ESCONDIDO CA 92025
THAT PORTION OF LOT 15 BLOCK 306 OF RANCHO RINCON DEL DIABLO, IN THE CITY OF ESCONDIDO; COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.349 BY O. N. SANFORD, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY 10, 1886, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF TULIP STREET WITH THE EASTERLY PROLONGATION OF THE DIVIDING LINE BETWEEN LOTS 14 AND 15 OF SAID BLOCK 306;
THENCE WESTERLY ALONG SAID PROLONGATION AND ALONG THE DIVIDING LINE BETWEEN LOTS 14 AND 15 A DISTANCE OF 160.00 FEET; THENCE SOUTHERLY PARALLEL WI TH THE WESTERLY LINE TULIP STREET A DISTANCE OF 300.00 FEET; THENCE EASTERLY PARALLEL WITH THE DIVIDING LINE BETWEEN LOTS 14 AND 15; A DISTANCE OF 160.00 FEET TO THE CENTER LINE OF TULIP STREET; THENCE NORTHERLY ALONG SAID CENTER LINE A DISTANCE OF 300.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM TH
E NORTHWESTERLY 252.00 FEET.
APN: 232-333-16-00
422 S. SPRUCE STREET, ESCONDIDO CA 92025
LOT 1 IN BLOCK 108 OF ESCONDIDO, IN THE
CITY OF ESCONDIDO, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY 10, 1886, EXCEPTING THEREFROM THE SOUTHERLY 70 FEET THEREOF.
APN: 233-11-16-00
2401 NUTMEG ST, ESCONDIDO CA 92026
THE LAND REFERRED TO HEREIN B
ELOW IS SITUATED IN THE CITY OF ESCONDIDO, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: APN: 224-260-46-00
ALL THAT PORTION OF LOTS 1 AND 2 IN SECTION 5, TOWNSHIP 12 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING WESTERLY OF THE WESTERLY LINE OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED M AY 15, 1947 AS Resolution No. 2022.65
Exhibit D
75 Item4.
DOCUMENT NO. 51967, IN BOOK 2380, PAGE 435, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
B
EGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 1 WITH THE
WESTERLY LINE OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED MAY 15, 1947 AS DOCUMENT NO. 51967 IN BOOK 2380, PAGE 435, OF OFFICIAL RECORDS;
THENCE ALONG THE SAID NORTHERLY LINE TO AND ALONG THE NORTHERLY LINE OF SAID LOT 2, SOUTH 89° 27' WEST 335.26 FEET; THENCE SOUTH 3° 36' 11" EAST TO THE CENTER LINE OF COUNTY ROAD SURVEY NO. 1113, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED MAY 6, 1948 AS DOCUMENT NO. 45789, OF OFFICIAL RECORDS; THENCE
NORTHEASTERLY AND EASTERLY ALONG SAID NORTHERLY LINE TO SAID WESTERLY LINE OF THE STATE OF CALIFORNIA LAND; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
PA
RCEL 2: APN: 224-260-47-00
A
LL THAT PORTION OF LOTS 1 AND 2 IN SECTION 5, TOWNSHIP 12 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING WESTERLY OF THE WESTERLY LINE OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MAY 15, 1947 AS DOCUMENT NO. 51967, IN BOOK 2380, PAGE 435, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
B
EGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 1 WITH THE
WESTERLY LINE OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED MAY 15, 1947 AS DOCUMENT NO. 51967 IN BOOK 2380, PAGE 435, OF OFFICIAL RECORDS;
THENCE ALONG THE SAID NORTHERLY LINE TO AND ALONG THE NORTHERLY LINE OF SAID LOT 2, SOUTH 89° 27' WEST 335.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 3° 36' 11" EAST TO THE CENTER LINE OF COUNTY ROAD SURVEY NO. 1113 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED MAY 6, 1948 AS DOCUMENT NO. 45789, OF OFFICIAL RECORDS; THENCE SOUTHWESTERLY ALONG SAID LINE TO THE EASTERLY LINE OF THE STATE OF CALIFORNIA LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 10, 1973 AS FILE NO. 73-007572, OF OFFICIAL RECORDS; THENCE NORTH 10° 53' 54" WEST 320.77 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE NORTH 89° 27' EAST 284.04 FEET TO THE TRUE POINT OF BEGINNING.
PA
RCEL 3: APN: 224-260-23-00
A
LL THAT PORTION OF LOTS 1 AND 2 IN SECTION 5, TOWNSHIP 12 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING WESTERLY OF THE WESTERLY LINE OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MAY 15, 1947 IN BOOK 2380, PAGE 435, OF OFFICIAL RECORDS, SOUTHEASTERLY AND SOUTHERLY OF THE CENTER LINE OF COUNTY ROAD SURVEY NO. 1113 AS DESCRIBED IN DEED TO THE COUNTY OF Resolution No. 2022.65
Exhibit D
76 Item4.
SAN DIEGO RECORDED MAY 6, 1948 AS DOCUMENT NO. 45789 IN BOOK 2786, PAGE 349, OF
OFFICIAL RECORDS AND EASTERLY AND NORTHERLY OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED SEPTEMBER 28, 1971 AS FILE NO. 220908, OF OFFICIAL RECORDS.
Resolution No. 2022.65
Exhibit D
77 Item4.
STAFF REPORT
August 17, 2022
File Number 0600-10; A-3423
SUBJECT
APPROVAL OF AGREEMENT WITH ESCONDIDO UNION SCHOOL DISTRICT FOR $1,161,000 FOR BEFORE
AND AFTER SCHOOL PROGRAM SERVICES
DEPARTMENT
Community Services Department
RECOMMENDATION
Request the City Council Approve Resolution 2022-110 authorizing the Mayor to execute an agreement for $1,161,000 annually with the Escondido Union School District to operate before and after school programming at selected schools within the district.
Staff Recommendation: Approval (Community Services: Joanna Axelrod, Deputy City Manager/Director of Community Services)
Presenter: Danielle Lopez, Assistant Director of Community Services
FISCAL ANALYSIS
The funding received from the Escondido Union School District for the Before & After School Program is over 100% full cost recovery which reduces the impact on the general fund.
PREVIOUS ACTION
On June 15, 2022, the City Council approved a budget adjustment in the amount of $157,760 for fiscal year 2022/2023 for the Before and After School Program to expand operations.
On June 26, 2022, the City Council approved the 2022/2023 General Fund operating budget which includes funding for the Before and After School Program.
BACKGROUND
The City of Escondido Community Services Department has been operating before and after school programs continuously for over three decades, except during the pandemic. During the 2021/2022 school year, the program operated at two school sites. In February 2022, the Escondido Union School District (“EUSD”) approached the City to expand before and after school care from the two existing schools to the five schools inclusive of Bernardo, LR Green, Miller, North Broadway, and Reidy Creek. 78 Item5.
In partnership with EUSD, the City will offer a before and after school program that focuses on expanding academic, social, emotional, and physical needs of students before and after the regular school day that is free to all participants . The goal is to provide an environment with a wide variety of hands -on enrichment activities, physical recreation opportunities, academic assistance, and supportive supervision.
With approval of this ag reement, the Before and After School Program will operate on all school days from 6:30 a.m. – start of school and end of school - 6 p.m., including early release days, and will accept kindergarten through fifth graders. Parents/guardians will have the flexibility of “drop-in” service thereby using the program when needed. There is no minimum attendance requirement. This allows participants to attend all year or just a few days. Additionally, participants may be picked up any time before the end of the program, using it for one hour or the entire day. Programming is based on four basic tenets: 1) be safe 2) encourage learning 3) build positive relationships 4) make it fun. This approach permeates the curriculum and overall programming while still account ing for participant preferences. The recreation - based activities also incorporate homework time, STEAM (science, technology, engineering, art, and math), and special guest speakers that highlight important topics.
Due to the investment of resources requir ed for successful implementation, EUSD agree d to utilize the City’s Before and After School Program service for a minimum of two consecutive school years (2022/2023 & 2023/2024). The City and EUSD shall meet and confer on topics related to increased capac ity and extension of services beyond the initial term.
RESOLUTIONS
a. Resolution 2022-110
ATTACHMENTS
a. Escondido Union School District, Independent Agency Agreement
79 Item5.
RESOLUTION NO. 2022-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT
WITH THE ESCONDIDO UNION SCHOOL DISTRICT TO
OPERATE BEFORE AND AFTER SCHOOL PROGRAMMING
AT FIVE SCHOOL SITES WITHIN THE DISTRICT
WHEREAS, research shows that students with consistent participation in before and after school programs advanced academically more quickly than their peers that did not participate; and WHEREAS, the City of Escondido (“City”) recognizes the need for before and after school care for school age children in our community; and
WHEREAS, the Escondido Union School District (“EUSD”) is in need of special services related to before and after school programs; and
WHEREAS, the Deputy City Manager/Director of Communications and Community Services recommends approval of this agreement in the amount of $1,161,000 to provide before and after school programming to EUSD.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California:
1. That the above recitations are true.
2. That the City Council authorizes the Mayor to execute, on behalf of the City, an agreement with Escondido Union School District to operate before and after school programming, in a substantially similar form to that which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.
80 Item5.
Independent Agency Agreement – EUSD
City of Escondido
ESCONDIDO UNION SCHOOL DISTRICT
Independent Agency Agreement
This Independent Agency Agreement is hereby entered into on this 21st day of July, 2022 (“Effective Date”) by and between the ESCONDIDO UNION SCHOOL DISTRICT, hereinafter referred to as "District," and the City of Escondido, hereinafter called "Agency." The District and the Agency may be referred to herein collectively as the "Parties." WHEREAS, District is authorized by Section 53060 of the California Government Code to contract with and employ any persons for the furnishing of special services, if such persons are specially trained, experienced, and competent to perform the special services required; and WHEREAS, District is in need of such special services related to after school programs; and
WHEREAS, Agency is specially trained , experienced, and competent to perform the special services required by the District.
NOW, THEREFORE, the parties agree as follows:
1. Agency Responsibilities
The Agency shall provide a no cost before and after schoo l program for students at Bernardo Elementary, LR Green Elementary, Miller Elementary, North Broadway Elementary and Reidy Creek Elementary. The Agency shall provide services and work as outlined in Exhibit A, which is incorporated herein fully by this reference.
2. Term
The Agency shall commence with providing services and work under this Agreement on July 30, 2022, and will diligently perform as required to complete services by June 30, 2024.
3. Compensation
District agrees to reimburse the Agency for services pursuant to this Agreement for a total fee not to exceed One Million One Hundred Sixty-One Thousand dollars ($1,161,000.00) per school year. Agency shall submit periodic invoices which include a statement of work performed. The District shall pay all invoices within thirty days of receipt.
4. Expenses
District shall not be liable to Agency for any costs or expenses paid or incurred by Agency in performing services for District under this agreement except for the Compensation stated in Section 3 of this Agreement, as detailed in Exhibit A; Agency shall bear its own expenses.
5. Precedence of Agreement Over Exhibits
Should there be any ambiguity or inconsistency between any exhibits to this Agreement and the terms of this Agreement, the terms of this Agreement take precedence.
6. Independent Agency
81 Item5.
Independent Agency Agreement – EUSD
City of Escondido
Agency, in the performance of this Agreement, shall be and shall act as an independent Agency. Agency understands and agrees that it and all of its employees shall not be considered officers, employees or agents, of the District, and are not entitled to benefits of any kind or nature normally provided employees of the District and/or to which District's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation. Agency assumes full responsibility for the acts and/or omissions of its employees, agents, or subcontractors as they relate to the services to be provided under this Agreement. Nothing in this Agreement shall give the Agency possession of authority with respect to any District decision beyond the rendition of information, advice, recommendation or counsel. Agency is not authorized to make any representation, contract, or commitment on behalf of District. Agency hereby agrees to indemnify and hold harmless the District from and against any claim by an Agency employee that he or she is an employee of the Distric t relating to the services provided under this Agreement.
7. Materials
Agency shall furnish, at its own expense, all labor, materials, equipment, supplies and other items necessary to complete the services to be provided pursuant to this Agreement.
8. Confidentiality
The Agency and the District agree to comply with the Family Educational Rights and Privacy Act (FERPA) of 1974, and all requirements imposed by or pursuant to regulation of the Department of Education to the end that the rights and privacy of the students enrolled in the District and of their parents are not violated or invaded. This assurance is given to obtain access to individual student data for the purpose of using said data to fulfill assignments or contractual obligations with the District.
The provisions of the Family Educational Rights and Privacy Act of 1974 include, but are not limited to, ensuring that (a) no identification of students or their parent(s)/guardian(s) by persons other than representatives of the Agency and required persons performing activities mandated by the California Department of Education, California Commission on Teacher Credentialing (i.e. auditors) is permitted; (b) the individual student data wil l be destroyed when no longer needed for the purpose(s) for which they were obtained; (c) no access to individual student data shall be granted by the Agency to any other persons, agency, or organization without the written consent of the pupil’s parent/guardian, except for sharing with other persons within the District or representatives of the Agency, so long as those persons have a legitimate interest in the information.
Notwithstanding the provisions of this Section 8, Agency (including its affiliates’ employees, directors, contractors, consultants, counsel, and agent(s) may disclose confidential information in the event, but only to the extent, that, based upon reasonabl e advice of counsel, the Agency is required to do so by the disclosure requirements of any law, rule, or regulation, including but not limited to the California Public Records Act (cal. Gov’t Code § 6250 et seq.), or any order, decree, subpoena, ruling, or other similar process of any court, tribunal, secur ities exchange, governmental agency, or governmental or regulatory 82 Item5.
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City of Escondido
authority, or if such disclosure is to necessary to enforce this Agreement (“Necessary Disclosure”). In the event of a Necessary Disclosure, the Agency shall, to the extent legally permitted provide the District with prompt written notice so the District may, at the District’s sole expense, seek a protective order or other appropriate remedy to protect such information. If such protective order or other remedy is not obtained, the Agency will not be in breach of this Agreement by furnishing such confidential information as required.
9. Copyrighted Materials
Agency shall advise District of any and all materials used, or recommended for use, by Agency to achieve the project goals that are subject to any copyright restrictions or requirements. In the event Agency shall fail to so advise District, and as a result of the use of any programs or materials developed by Agency under this Agreement, District should be found in violation of any copyright restrictions or requirements, or District should be alleged to be in violation of any copyright restric tions or requirements, Agency agrees to indemnify, defend and hold harmless District against any action or claim brought by the copyright holder.
10. Audit and Inspection of Records
At any time during the normal business hours and as often as District may deem necessary, Agency shall make available to District for examination at District's place of business specified above all data, records, investigation reports and all other materials respecting matters covered by this Agreement, and Agency will permit the District to audit, and to make audits of, all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this Agreement.
11. Termination
Either party may terminate this Agreement upon giving 30 days advance written notice of intention to terminate for cause. Cause shall include: (a) material violation of this Agreement; or (b) any act by a party exposing the other party to liability to others for personal injury or property damage; or (c) if either party is adjudged as bankrupt, make a general assignment for the benefit of creditors , or a receiver is appointed on account of either party’s insolvency. Written notice by either party of termination for cause shall contain the reasons for such intention to terminate, and unless within ten (10) business days after service of such notice, the condition or violation shall cease or satisfactory arrangements for the correction thereof be made, this Agreement shall, upon the expiration of the ten business days, cease and terminate. The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to the parties.
Written notice shall be deemed given when received by the other party, or no later than five (5) days after the day of mailing, whichever is sooner.
In the event of termination, District shall compensate Agency for services rendered up until the effective date of such termination.
83 Item5.
Independent Agency Agreement – EUSD
City of Escondido
12. Indemnification/Hold Harmless
a. Agency’s Indemnification of District.
To the fullest extent permitted by law, Agency shall defend, indemnify and hold harmless the District and its officials, agents and employees (“ District Indemnitees”) from and against claims, damages, losses and expenses, including, but not limited to, att orney fees, arising out of Agency’s performance under this Agreement, regardless of whether such claim, damage, loss or expense is caused in part by a District Indemnitee, which may be incurred by reason of:
• Liability for damages for: (1) death or bodily injury to person; (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising out of (1) or (2) above, sustained by the Agency or any person, firm or corporation employed by the Agency, either directly or by independent contract, upon or in connection with the services called for in this Agreement, however caused, except for liability for damages referred to above which result from the sole negligence or willful misconduct of the District or its officers, employees or agents.
• Any injury to or death of any person, including the District or its officers, agents and employees, or damage to or loss of any property caused by any act, neglect, default, or omission of the Agency, or any person, firm or corporation employed by the Agency, either directly or by independent contract, arising out of, or in any way connected with, the services covered by this Agreement, whether said injury or damage occurs either on or off District's property, except for liability for damages which result from the sole negligence or willful misconduct of the District or its officers, employees or agents.
• Any liability for damages which may arise from the furnishing or use of any copyrighted or un-copyrighted matter or patented or unpatented invention under this Agreement.
The Agency shall not be obligated to indemnify a District Indemnitee for liability due to willful misconduct, active negligence, or sole negligence for which that District Indemnitee is legally responsible. Agency shall, if requested by the District, defend using counsel approved by the District in its sole discretion.
This provision shall survive the term of this Agreement.
b. District’s Indemnification of Agency.
To the fullest extent permitted by law, District shall defend, indemnify and hold harmless the Agency and its officials, agents and employees (“ Agency Indemnitees”) from and against claims, damages, losses and expenses, including, but not limited to, attorney fees, arising out of District’s performance under this agreement, regardless of whether such claim, damage, loss or expense is caused in 84 Item5.
Independent Agency Agreement – EUSD
City of Escondido
part by an Agency Indemnitee, which may be incurred by reason of:
• Liability for damages for: (1) death or bodily injury to person; (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising out of (1) or (2) above, sustained by the District or any person, firm or corporation employed by the District, either directly or by independent contract, upon or in connection with the services called for in this Agreement, however caused, except for liability for damages referred to above which result from the sole negligence or willful misconduct of the Agency or its officers, employees or agents.
• Any injury to or death of any person, including the Agency or its officers, agents and employees, or damage to or loss of any property caused by any act, neglect, default, or omission of the District, or any person, firm or corporation employed by the District, either directly or by independent contract, arising out of, or in any way connected with, the services covered by this Agreement, whether said injury or damage occurs either on or off District's property, except for liability for damages which result from the sole negligence or willful misconduct of the Agency or its officers, employees or agents.
• Any liability for damages which may arise from the furnishing or use of any copyrighted or un -copyrighted matter or patente d or unpatented invention under this Agreement.
The District shall not be obligated to indemnify an Agency Indemnitee for liability due to willful misconduct, active negligence, or sole negligence for which that Agency Indemnitee is legally responsible. District shall, if requested by the Agency, defend using counsel approved by the Agency in its sole discretion.
This provision shall survive the term of this Agreement.
13. Insurance
Agency shall obtain and maintain the insurance coverages and limits as shown below for the duration of this Agreement. The insurance coverages and limits of liability shown are the minimum insurance requirements in this Agreement. Should Agency maintain insurance policies with coverage and limits of liability that exceed the minimum coverage and limits requirements that are broader than as outlined below, those broader coverages and higher limits shall be deemed to apply for the benefit of the District and those coverages and limits shall become the required minimum limits of insurance and coverage in all sections of this Agreement.
Commercial General Liability - Using a standard ISO CG 00 01 occurrence form or its equivalent., including operations, products and completed operations and contractual liability with limits not less than $1,000,000 per occurrence, $2,000,000 General Aggregate and $2,000,000 Products Completed Operations Aggregate for bodily injury, personal injury, and property damage.
85 Item5.
Independent Agency Agreement – EUSD
City of Escondido
The Commercial General Liability Coverage shall include the following endorsements:
• The District, its Board, officers, agents and employees shall be included as Additional Insureds using ISO Additional Insured endorsements CG 20 10 and CG 20 37 or a blanket additional insured endorsement as applicable, “The District, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services and/or the Products or operations performed by or on behalf of the Agency, including materials, parts or equipment furnished in connection with such work; and the insurance coverage shall be primary insurance as respects the District, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Agency’s scheduled underlying coverage. Any insurance or self- insurance maintained by the District, its directors, officials, officers, employees, agents and volunteers shall be excess of the Agency’s insurance and shall not be called upon to contribute with it.
Automobile Liability - Using a standard ISO Business Auto CA 00 01 form or its equivalent, with limits not less than $1,000,000 per accident for bodily injury and property damage for all owned, hired and non -owned automobiles. Coverage shall include Contractual Liability.
The Auto coverage shall include the following endorsements:
• The District, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Agency or for which the Agency is responsible; and the insurance coverage shall be primary insurance as respects the District, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Agency’s scheduled underlying coverage. Any insurance or self-insurance maintained by the District, its directors, officials, officers, employees, agents and volunteers shall be excess of the Agency’s insurance and shall not be called upon to contribute with it.
Professional Liability - (Required if providing assessments, evaluations, therapy) including coverage for personal injury, death, property damage, and contractual liability in an amount not less than One Mill ion Dollars ($1,000,000) for each occurrence [Two Million Dollars ($2,000,000) general aggregate]. Said insurance shall be maintained for the statutory period during which the professional may be exposed to liability.
Abuse and Sexual Molestation Endorsement for Minors - (Required only if Box 20.B is checked.) Sexual Abuse/Molestation coverage must be included under General Liability or obtained in separate policies in an amount of not less than $1,000,000 per occurrence, $3,000,000 aggregate and $5,000,000 excess/umbrella coverage.
In addition, Agency agrees to provide an endorsement to this policy stating, “Such insurance as is afforded by this policy shall be primary, and any insurance carried by District 86 Item5.
Independent Agency Agreement – EUSD
City of Escondido
shall be excess and noncontributory.”
No later than ten (10) working days after execution of this Agreement, Agency shall provide District with certificates of insurance evidencing all coverages and endorsements required hereunder, including a thirty (30) day written notice of cancellation or reduction in coverage. Agency agrees to name District and its officers, agents and employees as additional insureds under said policy.
14. Workers’ Compensation Insurance
Agency agrees to procure and maintain in full force and effect Worker's Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder. In the event a claim under the provisions of the California Workers' Compensation Act is filed against District by a bona fide employee of Agency participating under this Agreement, Agency agrees to defend and hold harmless the District from such claim.
15. Assignment
The obligations of the Agency pursuant to this Agreement shall not be assigned by the Agency.
16. Compliance with Applicable Laws
Agency agrees to comply with all federal, state and local laws, rules, regulations and ordinances, including but not limited to those rules and regulations related to COVID -19, that are now or may in the future become applicable to Agency.
17. Permits/Licenses
Agency and all Agency's employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
18. Entire Agreement/Amendment
This Agreement and any exhibits attached hereto constitute the entire agreement among the parties to it and supersedes any prior or contemporaneous understanding or agreement with respect to the services contemplated and may be amended only by a written amendment executed by both parties to the Agreement.
19. Nondiscrimination in Employment
Agency agrees that it will not engage in unlawful discrimination in employment of persons because of race, color, religious creed, national original, ancestry, physical handicap, medical condition, marital status, or sex of such persons.
20. Fingerprinting/Criminal Background Investigation Certification Agency and the Agency’s employees shall at all times comply with the fingerprinting and criminal background investigation requirements of the Californi a Education Code (“Education Code”) section 45125.1. Accordingly, by checking the applicable boxes below, Agency hereby represents and warrants to District the following:
87 Item5.
Independent Agency Agreement – EUSD
City of Escondido
A. ☐ Agency and/or the Agency’s employees shall have no contact with District students at any time during the Term of this Agreement or the Agency and/or Agency’s employees will have contact with District students only when under the observation of a District’s employee.
B. ☒ Agency/Agency’s employees will have contact with District students during the term of this Agreement while not under the observation of a District employee. Agency agrees to provide evidence of clearance for any and all assigned employees performing under this agreement, when requested/required by the District.
C. ☒ (Required only if Box 20.B is checked.) All of the Agency’s employees noted above, at no cost to District, have completed background checks and have been fingerprinted under procedures established by the California Department of Justice and the Federal Bureau of Investigation, and the results of those background checks and fingerprints reveal that none of these Agency’s employees have been arrested or convicted of a serious or violent felony, as defined by the California Penal Code.
Agency further agrees and acknowledges that if at any time during the Term of this Agreement Agency learns or becomes aware of additional information, including additional personnel, which differs in any way from the representations set forth above, Agency shall immediately notify the District’s Assistant Superintendent of Educational Services and prohibit any new personnel from having any contact with District students until the fingerprinting and background check requirements have been satisfied and District determines whether any such contact is permissible. The Parties further understand and agree that the District’s Superintendent or the Superintendent’s designee may, at any time, provide written notice withdrawing consent to any of Agency’s employees performing services under this Agreement when, in the reasonable discretion of the Superintendent, it is inappropriate for Agency’s employee to continue providing services under this Agreement owing to criminal convictions or other misconduct or other factors deemed relevant by the Superintendent.
21. Tuberculosis Certification
Agency and the Agency’s employees shall at all times comply with the tuberculosis ("TB") certification requirements as set forth below. Specifically, by checking the applicable boxes below, Agency hereby represents and warrants to District the following:
A. ☐ Agency and/or Agency’s employees will not be present on a District school site and will not have contact with District students during the term of this Agreement.
B. ☐ Agency and/or Agency staff shall be present on a District school site and have contact with District students no more than two times in any month during the Term of this Agreement.
C. ☒ The Agency and/or Agency’s employees shall or may be on a District school site and have contact with District students three or more times per month during the term of 88 Item5.
Independent Agency Agreement – EUSD
City of Escondido
this Agreement and, at no cost to District, they have received a TB test that complies with the requirements of California Education Code section 49406. Agency agrees to provide evidence of clearance for any and all assigned employees performing under this agreement, when requested/required by the District.
Agency shall maintain on file the certificates showing that the Agency’s employees were examined and found free from active TB. These forms shall be regularly maintained and updated by Agency and shall be available to District upon request or audit.
Agency further agrees and acknowledges that all new personnel hired after the Effective Date of this Agreement are subject to the TB certification requirements and shall be prohibited from having any contact with District students until the TB certification requirements have been satisfied and District determines whether any such co ntact is permissible.
22. COVID-19 Vaccination Status Certification
Pursuant to the provision of the State Public Health Office Order issued on August 11, 2021 (Order of the State Public Health Officer Vaccine Verification for Workers in Schools) individuals that are on public or private school property serving students from transitional kindergarten through grade 12 are required to be fully vaccinated and provide proof of vaccination.
A person is considered fully vaccinated for COVID-19: two weeks (14 days) or more after they have received the second dose in a 2 -dose series (Pfizer-BioNTech or Moderna or vaccine authorized by the World Health Organization), or two weeks or more after they have received a single-dose vaccine (Johnson and Johnson [J&J]/Jansen).
Unvaccinated or incompletely vaccinated workers must be tested at least once weekly either PCR testing or antigen testing. Any PCR (molecular) or antigen test used must either have Emergency Use Authorization by the U.S. Food and Drug Administration or be operating per the Laboratory Developed Test requirements by the U.S. Centers for Medicare and Medicaid Services.
Agency shall certify all employees/staff, including the employees of any subcontractor who will perform work at any District location are eithe r fully vaccinated and have provided Agency with proof of vaccination or such employees/staff will comply with weekly testing requirements as outlined in the State Public Health Order prior to entering school property on and after the Effective Date of this Agreement.
Records of vaccination verification and testing records will be made available upon District’s request, to the local health jurisdiction for purposes of case investigation.
In addition, Agency shall at all times remain in compliance with all District policies and procedures associated with COVID-19 safety. The Agency agrees to strictly, and without exception, follow all local, state, and federal guidelines regarding human protection from the Coronavirus.
23. Non-Waiver
The failure of District or Agency to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition or prevent a subsequent similar act from again 89 Item5.
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constituting a violation of such term or condition.
24. Notice
All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: (a) personal service or (b) by U.S. Mail, mailed either by registered or certified mail, return receipt requested, with postage prepaid. Service shall be considered given when received if personally served or, if mailed, on the fifth day after deposit in any U.S. Post Office. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the parties are as set forth below.
25. Administrator of Agreement
This Agreement shall be administered on behalf of and any notice desired or required to be sent to a party hereunder shall be addressed to:
For District: Dr. Laura Philyaw, Deputy Superintendent
Escondido Union School District
2310 Aldergrove Ave
Escondido, CA 92029
[email protected]
For Agency: Robert Rhoades, Deputy Director of Community Services City of Escondido
201 N. Broadway
Escondido, CA 92025
[email protected]
26. Execution by Facsimile or in Counterparts
This Agreement may be signed in counterparts and the signatures may appear on separate signature pages. A copy or an original, with all signatures attached, shall be deemed a fully executed agreement. A facsimile version of any party’s signature shall be deemed an original signature.
27. Severability
If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.
90 Item5.
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City of Escondido
28. Governing Law
The terms and conditions of this Agreement shall be governed by the laws of the State of California with venue in San Diego County, California.
29. Warranty of Authority
Each of the parties signing this Agreement warrants to the other that he or she has the full authority of the entity on behalf of which his or her signature is made.
30. Effective Date
Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.
Escondido Union School District City of Escondido
By: By:
Signature of Authorized Representative Signature of Authorized Representative
Laura Philyaw, Ed.D.
Printed Name Printed Name
Deputy Superintendent
Title Title
Date Date
91 Item5.
Community Services Department
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4691 [email protected]
Before & After School Program Proposal
Executive Summary
In partnership with Escondido Union School District, the City of Escondido will offer a cost effective before and after school program that focuses on expanding academic, social, emotional, and physical needs of students following the regular school day. Our goal is to provide an environment with a wide variety of hands-on enrichment activities, physical recreation opportunities, academic assistance, and supportive supervision.
Program Approach
The City of Escondido is committed to a simple yet comprehensive approach focused on each student’s individual wellbeing.
1. Be safe
2. Encourage learning
3. Build positive relationships
4. Make it fun!
Be Safe
The City of Escondido is committed to providing the safest possible environment to participants. This is accomplished through appropriate safety and supervision training for the staff and safety-related activities for the participants. The PAL Safety Academy (stranger danger), fire safety, and daily reinforcement of the program rules contribute to maintaining safe surroundings.
Encourage Learning
The program is dedicated to encouraging learning by providing each student with a successful foundation of knowledge through a curriculum that integrates recreation, education, and STEAM (Science, Technology, Engineering, Art, and Math) activities. This is accomplished through specialty activities and clubs that encourages hands-on learning, critical thinking, and problem solving.
Build Positive Relationships
Relationships are critically important in today’s world. The prevalence of electronics has fostered an environment in which developing relationships is more difficult. The Before and After School Program promotes building positive relationships with peers and adult staff through character building activities and utilizing appropriate conflict resolution strategies when issues arise.
Make It Fun!
As a recreation-based program, fun is an inherent part of all planned activities. This is especially important for students with a full day of school. In planning activities, it is vital to give the participants a choice. By doing so, it creates greater acceptance, involvement, and 92 Item5.
Before & After School Program Proposal
student voice in activities. This leads to higher satisfaction levels, increased participation, and fewer behavioral issues.
Program Plan
This following plan describes how the process of implementation will be handled. More specifically what is required for the Before and After School Program to be successful including any in-kind support required of the school.
Schools
The City shall implement after school programming at the following schools • Bernardo
• LR Green
• Miller
• North Broadway
• Reidy Creek
Participation & Capacity
The City of Escondido will offer a Before and After School Program with the following capacities.
AM Program Capacity: 30 students per school (10 kindergarten, 20 1st-5th graders)
Maximum Capacity: shall vary by school depending on interest list Bernardo: 80 students (20 kindergarten, 60 1st-5th)
LR Green: 70 students (10 kindergarten, 60 1st-5th)
Miller: 30 students (10 kindergarten, 20 1st-5th)
North Broadway: 50 students (10 kindergarten, 40 1st-5th) Reidy Creek: 70 students (10 kindergarten, 60 1st-5th)
Staff/Student Ratio: 1:20 (1st – 5th grade)
1:10 (kindergarten)
Program will not accept transitional kindergarten students
EUSD Support
In order to operate a successful program, the City of Escondido requires some additional support from the district office and local school site as follows.
• A dedicated multipurpose or classroom space for use before and after school to accommodate the maximum capacity of students, City staff, and 2-3 rolling cabinets for program supplies. A shared space with another after school program is possible but not preferable.
93 Item5.
Before & After School Program Proposal
• Keys and security access codes are also essential, as the program hours (6:30 a.m. to start of school and dismissal to 6:00 p.m.) would extend prior to and beyond regular school office hours (7:30 a.m. to 4:00 p.m.). These would be appropriately signed out and properly secured according to the protocols and procedures of EUSD.
• Integrated school site training which includes the Before and After School Program staff. This will allow the staff to effectively manage and coordinate student behavior expectations, academic understanding, and other school community resources.
• In-kind promotional opportunities that advertise the program to families through PeachJar, school announcements, placement on the school’s website, and encouraging parents to contact the City of Escondido when asked about before and after school care.
• An office mailbox for the program to facilitate communication with the program staff, school office, parents, and PTA/PTO. (optional)
Program Staff
Most of our staff are college students with majors in education, child development, and related career fields. Our staff are required to submit to a criminal background check and drug screen. The staff are also certified in CPR, first aid, and AED.
Additionally, our staff receive training in a variety of topics, including but not limited to safety and supervision, behavior modification techniques, inclusion and diversity awareness, health and well-being, activities programming, and leadership.
The City of Escondido does not mandate COVID vaccines for employees; however, we recognize the state mandate of vaccines or testing requirements related to school-based programs. As such, the City of Escondido Before and After School Program staff shall be subject to EUSD requirements to work on any school campus.
Registration & Promotion
Program registration will be primarily conducted online through the City’s dedicated website recreation.escondido.org, but will maintain a paper registration process for families that do not have access to the internet.
Registration for the 2022/2023 school year could begin as early as Tuesday, May 31.
The City of Escondido would produce a professionally designed bilingual flyer for parents to be digitally distributed announcing the details of the new program and registration period.
Activities/Curriculum
94 Item5.
Before & After School Program Proposal
This program is designed to provide safe, recreational, and educationally enriching activities to youth during non-school hours (after school until 6:00 p.m.). Activities include, but are not limited to:
• Academic Assistance (dedicated homework time)
• Special Events and Spirit Days
• STEAM Programming
• Safety Awareness
• Physical Activity Challenges and Competitions
• Games & Sports
• Arts & Crafts Projects
Sample Before School Schedule
Monday-Friday (6:30a – start of school)
6:30a Program Begins (sign-n throughout program)
6:30a – 7:00a Quiet Games/Activity Box
7:00a – 7:10a Restroom/Water Break
7:10a – 7:30p Group Game/Craft Activity
7:30a – 7:50a Group Game/Craft Activity
7:50a – 8:00a Clean-up and Prepare for school
8:00a Start of School
Sample Afterschool Schedule
Monday-Wednesday, Friday (end of school until 6:00p)
2:30p School Dismissal
2:30p – 2:45p Sign-in/Snack (provided by school)
2:45p – 2:50p Daily Announcements
2:50p – 3:10p Recess
3:10p – 3:20p Restroom/Water Break
3:20p – 4:20p Homework Time/STEAM Activity
4:20p – 4:30p Restroom/Water Break
4:30p – 5:00p Group Game/Craft Activity
5:00p – 5:30p Group Game/Craft Activity
5:30p – 6:00p Group Game/Craft Activity /Activity Box
6:00p End of Program
95 Item5.
Before & After School Program Proposal
Thursday (early release, end of school – 6:00p)
12:30p School Dismissal
12:30p – 12:45p Sign-in/Snack (provided by school)
12:45p – 12:50p Daily Announcements
12:50p – 1:10p Recess
1:10p – 1:20p Restroom/Water Break
1:20p – 2:30p Special Event/Clubs
2:30p – 3:20p Homework Time/STEAM Activity
3:20p – 3:30p Restroom/Water Break
3:30p – 4:20p Group Game/Craft Activity
4:20p – 4:30p Restroom/Water Break
4:30p – 5:30p Group Game/Craft Activity
5:30p – 6:00p Group Game/Craft Activity /Activity Box
6:00p End of Program
*Program schedule is subject to change based on weather, space requirements, school events, and special program planned activities.
Funding
The following outlines the proposed fee structure for operating the Before and After School Program.
Before School Program Rate
$7/per participant, per day
Cost to EUSD: $189,000
After School Program Rate
$18/per participant, per day
Cost to EUSD per school year: $972,000 (based on afore mentioned capacities per school)
Total Program Cost: $1,161,000 per school year
Future Programming
Due to the investment of resources required for successful implementation, EUSD agrees to utilize the City’s Before and After School Program service for a minimum of two consecutive school years (2022/2023 & 2023/2024).
96 Item5.
Before & After School Program Proposal
The City of Escondido will remain open to reevaluating the service offerings based on EUSD requests and school community need. The City and EUSD shall meet and confer on topics related to increased capacity and extension of services beyond the initial term.
Contact Information
We look forward to hearing from you to further discuss this proposal and how we might be able to partner together.
Thank you,
Robert Rhoades
Deputy Director of Community Services
[email protected]
760-839-5482
97 Item5.
STAFF REPORT
August 17, 2022
File Number 0480-70
SUBJECT
FISCAL YEAR 2021/22 PAUL COVERDELL FORENSIC IMPROVEMENT PROGRAM GRANT
DEPARTMENT
Police Department
RECOMMENDATION
Request the City Council Adopt Resolution No. 2022-118 authorizing the Interim Chief of Police to accept a FY 2021 -22 California Office of Emergency Services ( “CalOES”) Paul Coverdell Forensic Science Improvement Program Grant in the amount of $52,033; execute all documents necessary for the management and completion of the grant scope; and authorize the necessary budget adjustment needed to spend grant funds.
Staff Recommendation: Approval (Department Name: David Cramer, Interim Chief of Police)
Presenter: David Cramer, Interim Chief of Police
FISCAL ANALYSIS
Grant funds will be used to purchase forensic equipment, computer supplies, and accreditation fees for the forensic unit for crime scene investigation. This will have no impact on the General Fund Budget.
PREVIOUS ACTION
On May 12, 2021, City Council adopted resolution No. 2021-66 approving a Paul Coverdell Forensic Science Improvement Program Grant in the amount of $51,682.
BACKGROUND
The Escondido Police Department has received a FY 2021 -22 CalOES Paul Coverdell Forensic Science Improvement Program Grant in the amount of $52,033, funded through the Bureau of Justice Assistance.
Grant funding must be used to cover costs associated with acquiring and maintaining accreditation for crime labs, reducing backlogs, and improving the quality and timeliness of forensic science services.
The Escondido Police Department proposes to utilize grant funds to purchase the following items:
Forensic equipment – Crime-Lite Auto & Accessories that will allow the Fo rensic Services Unit members to discover evidence in a crime scene and fingerprints ($40,236) 98 Item6.
Computer monitors and operating supplies ($6,037)
Costs associated with annual fees required to maintain Crime Lab accreditation ($5,760)
Grant funds will impro ve the quality and timeliness of forensic science services within the City of Escondido.
RESOLUTIONS
a. Resolution No. 2022-118
ATTACHMENTS
a. Attachment “1” Budget Adjustment
99 Item6.
FM\105 (Rev.11/06)
C I T Y O F E S C O N D I D O
BUDGET ADJUSTMENT REQUEST
Date of Request: July 29, 2022 For Finance Use Only
Log #
Fiscal Year
ear
Department: Police Department
Division: Police Administration
Project/Budget Manager: Lisa Rodelo 4905
Name Extension
Council Date (if applicable): August 17, 2022
(attach copy of staff report)
_____ Budget Balances
_____ General Fund Accts
_____ Revenue
_____ Interfund Transfers
_____ Fund Balance
Project/Account Description Account Number Amount of Increase Amount of Decrease Revenue 4128-451-New Project Number $52,033
Police Grants 451-New Project Number $52,033
Explanation of Request:
A budget adjustment is needed to spend FY 2021-22 Paul Coverdell Forensic Science Improvement Program Grant from California Office of Emergency Services for Equipment and Operating Supplies.
APPROVALS
Department Head Date City Manager Date
Finance Date City Clerk Date
Distribution (after approval): Original: Finance
DocuSign Envelope ID: 1E9DBAD3-EDCF-4CE3-B2FC-CD0C65EBF460 8/4/2022
8/4/2022
Attachment "1"
100
Item6.
RESOLUTION NO. 2022-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA , AUTHORIZING THE INTERIM
CHIEF OF POLICE TO ACCEPT A FY 202 1-22 CALIFORNIA
OFFICE OF EMERGENCY SERVICES (CALOES) PAUL
COVERDELL FORENSIC SCIENCE IMPROVEMENT
PROGRAM GRANT IN THE AMOUNT OF $5 2,033;
EXECUTE ALL DOCUMENTS NECESSARY FOR THE
MANAGEMENT AND COMPLETION OF THE GRANT
SCOPE; AND AUTHORIZE THE NECESSARY BUDGET
ADJUSTMENT
WHEREAS, the City of Escondido (“City”) desires to improve the quality and timeliness of forensic science services; and
WHEREAS, the Escondido Police Department has designated the FY 202 1-22 Paul Coverdell Forensic Science Program Grant to conduct specific programs to address these goals; and WHEREAS, the Paul Coverdell Forensic Science Program Grant will be funded from funds made available by the California Office of Emergency Services (hereafter referred to as CalOES), through the Bureau of Justice Assistance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Es condido, California, as follows:
1. That the above recitations are true.
2. That the City Council authorizes the Interim Chief of Police of the City of Escondido to accept the the Paul Coverdell Forensic Science Program Grant from CalOES, in the amount of $52,033 and execute all documents necessary for the management and completion of the grant scope.
3. That the City Council hereby also approves and authorizes the necessary budget adjustment needed to establish a new project number for tracking and spending of grant funds. 101
Item6.
4. That grant funds received hereunder shall not be used supplant expenditures controlled by this body.
102
Item6.
STAFF REPORT
August 17, 2022
File Number 0600-10; A-3426
SUBJECT
AUTHORIZATION OF PARTICIPATION AGREEMENT, EASEMENT, AND PLOT PLAN APPROVAL FOR EV
CHARGERS
DEPARTMENT
Development Services Department, Planning Division
RECOMMENDATION
It is requested that the City Council adopt Resolution No. 202 2-119 authorizing the Mayor to execute, on behalf of the City, a Power Your Drive for Parks Public EV Charging Program Participation Agreement (“Agreement”) and related easement (“Easement”) with San Diego Gas & Electric (“SDG&E”) for the installation of nine electric vehicle (“EV”) charging stations at the Woodward Parking Lot of Grape Day Park, and approve SDG&E’s Plot Plan (City Case No. PL22-0323) for the design of the EV charging stations (“Plot Plan”).
Staff Recommendation: Approval (Development Services Department: Andrew Firestine) Presenter: Adam Finestone, City Planner
FISCAL ANALYSIS
Fiscal impacts of the Agreement are limited to staff time and resources necessary to carry out related administrative tasks, including but not limited to report preparation, and record and release of the proposed easement. Staff time and resources for suc h administrative tasks will be included within the Development Services Department and City Manager’s Office budgets.
During the eight -year term of the Agreement, SDG&E will own, maintain, and operate the EV charging stations equipment installed at the Woodward Parking Lot of Grape Day Park. Thus, there will be no cost to the City for the design, installation, and operation of EV charging station equipment and infrastructure.
The City will have the option to purchase the EV charging station equipment from SDG&E at fair market value, subject to regulatory approval, at the end of the Agreement term.
PREVIOUS ACTION
The City Council previously adopted Resolution No. 2021-52 on April 7, 2021 , authorizing the Mayor to execute, on behalf of the City, a Power You r Drive for Parks Public EV Charging Program Participation Agreement and related easement with SDG&E for the installation of ten electric vehicle (“EV”) charging 103
Item7.
stations at the Woodward Parking Lot of Grape Day Park, and approved SDG&E’s Plot Plan (City Case No. 21-0039) for the design of the EV charging stations.
BACKGROUND
In an effort to reduce greenhouse gas emissions, SDG&E adopted its Power Your Drive for City and County Parks EV Charging Infrastructure Program (“Program”) to maximize the use of renewable energy to charge electric vehicles at highly trafficked community facilities in the region. The Program is the latest in a series of initiatives undertaken by SDG&E to expand EV charging to make it easier for more people to switch to zero-emission transportation, which is key to reducing greenhouse gas emissions and air pollution. The Program is intended to move San Diego County toward supplying 10% of Governor Jerry Brown’s goal for
1.5 million zero-emission vehicles in California by 2025.
Grape Day Park, and the associated Woodward Parking Lot, was identified as a preferred location for installation of ten EV charging stations due to its proximity to existing SDG&E underground infrastructure, surrounding uses, and downtown amenities. A Plot Plan for the installation of the proposed EV charging station equipment was approved in 2021 to install two types of EV chargers to include eight level 2 (208- 240 volt) chargers, which can provide up to 10 -20 miles of range per hour of charging; and two DC fast chargers (480 volt), which can provide about 20 -30 miles for every 15 minutes of charging. The EV chargers would be located towards the east side of Stone Pool within the parking lot west of the Boys and Girls Club. However, due to conflicts with the proposed Grape Day Park Master Plan and redevelopment of the James Stone pool facility, a new location has been identified for the proposed EV chargers to located them on the west side of the pool. A new Plot Plan application (City Case No. PL22-0323) was submitted for nine level 2 EV charging stations capable of charging 14 vehicles (5 dual charger and 4 single charger units). The two DC fast chargers have been eliminated from the new proposal.
During the eight -year Agreement term, SDG&E will own, maintain, and operate the nine EV charging stations installed at the Woodward Parking Lot of Grape Day Park. Thus, there will be no cost to the City for the design, installation, and operation of electric vehicle charging station infrastructure. The City will have the option to purchase the EV charging station equipment from SDG&E at fair market value, subject to regulatory approval, at the end of the Agreement term. At the end of the eight-year Agreement term, the Easement may be abandoned and encumbrance on the property’s title may be released City residents and customers that utilize the EV charging stations installed at the at the Woodward Parking Lot will pay SDG&E at time -of-use rates. A third -party vendor selected solely by SDG&E will provide related charging and billing services.
Staff previously requested that SDG&E include an insurance provision in the Agreement. Pursuant to the insurance provision proposed by staff, SDG&E would have been required to procure and maintain insurance against claims fo r injuries to persons or damages to property that may arise from or in connection with the Agreement. In lieu of adding the proposed insurance provision, SDG&E provided 104
Item7.
evidence of its of self-insurance. SDG&E further indicated that, throughout the term of the Agreement, it will be responsible for maintaining, operating, and repairing the nine EV charging stations in a manner similar to any of its other facilities existing on private property or within the public right of way (e.g. pole, transformer, switch cabinet, manhole, handhole). SDG&E’s obligations to maintain, operate, and repair the nine EV charging stations shall be in accordance with SDG&E’s obligations as a utility provider regulated by the Public Utilities Commission.
Similarly, staff propos ed to include an indemnification provision within the Agreement. The proposed indemnification provision would have required SDG&E to indemnify, defend, and hold harmless the City (including its officials, officers, agents, employees, and volunteers) from and against any and all claims, suits, liabilities, or injuries arising from the Agreement, except where caused by the sole negligence or willful misconduct of the CITY. SDG&E declined to incorporate the proposed indemnification provision into the Agreement.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (“CEQA”) Guidelines list classes of projects that have been determined to not have a significant effect on the environment and as a result are exempt from review under CEQA. The Project s ite is located within a developed urban area of the City and developed as a municipal parking lot. The proposed project qualifies for a categorical exemption from CEQA pursuant to CEQA Guidelines section 15303, as a new construction of a small structure. The CEQA Notice of Exemption is attached to the draft Resolution No. 2022-119 as Exhibit “B” and incorporated herein by this reference.
The Notice of Exemption demonstrates that the Project qualifies for the exemption and does not have a significant effect on the environment.
RESOLUTIONS
a. Resolution No. 2022-119 with Exhibits “A” through “F”
105
Item7.
RESOLUTION NO. 2022-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE , ON BEHALF OF THE CITY, A
PARTICIPATION AGREEMENT AND EASEMENT WITH
SDG&E, AND APPROVING A PLOT PLAN FOR ELECTRIC
VEHICLE CHARGING STATIONS IN GRAPE DAY
PARK/WOODWARD PARKING LOT
WHEREAS, the City of Escondido (“City”) is the owner of certain real property located at 251 Woodward Avenue (APN 229-352-12-00); and
WEREAS, San Diego Gas & Electric (”SDG&E”) has adopted a new program to install electric vehicle (“EV”) charging infrastructure at City parks; and
WHEREAS, there will be no cost to the City for the design, installation and operation of EV charging infrastructure for a period of eight years; and
WHEREAS, the City desires to enter into a Participation Agreement with SDG&E for an eight-year term; and
WHEREAS, the City will have an option to purchase the EV charging infrastructure at fair market value at the conclusion of the eight-year Participation Agreement, subject to regulatory approval; and WHEREAS, it is necessary to grant an easement to SDG&E for the purpose of constructing and maintenance of the EV charging infrastructure; and
WHEREAS, SDG&E (“Applicant”) filed a land use development application (Planni ng Case No. PL 22-0323) (“Application”), consisting of a Plot Plan for the installation and operation of EV charging stations and infrastructure within the Woodland Parking Lot; and 106
Item7.
WHEREAS, the City Council has reviewed the request for the Plot Plan, set forth in Exhibit “A” to this resolution and incorporated by this reference, and has reviewed and considered the Categorical Exemption prepared for the Project, set forth in Exhibit “ B” which is attached to this resolution and incorporated by this reference, and has determined the Project would not have any significant impacts to the environment; and
WHEREAS, this City Council desires at this time and deems it to be in the public interest to approve a Participation Agreement, Easement, and Plot Plan for the purpose of installing and operating EV charging infrastructure at Grape Day Park/Woodward Parking Lot, as reflected in the staff report(s), and on plans and documents on file in the offices of the City Clerk and Planning Division; NOW, THEREFORE, B E IT RESOLVED by the City Council of the City of Escondido, California, as follows:
1. That the above recitations are true.
2. That the Findings of Fact related to the Plot Plan application, attached as Exhibit “ C” to this resolution and incorporated herein by t his reference as though fully set forth herein, are hereby made by the City Council, and represent the City Council’s careful consideration of the record. The findings of the City Council contained in Exhibit “C” shall be the final and determinative Findings of Fact on this matter.
3. That upon consideration of the Findings, all material in the August 17, 2022, staff report (a copy of which is on file in the Office of the City Clerk), public testimony presented at the meeting, and all other oral and written evidence on this project, the City Council approves the Plot Plan as reflected on plans and documents on file in the offices of the City Clerk and Planning Division, and subject to Conditions of Approval set forth in Exhibit “D” to this resolution and incorporated by this reference. 107
Item7.
4. That t he Mayor is authorized to execute, on behalf of the City, the Participation Agreement and Easement with SDG&E for construction and maintenance of EV charging infrastructure at Grape Day Park/Woodward Parking Lot. Copie s of the Participation Agreement and Easement are attached hereto as Exhibits “E” and “F,” respectively, and are incorporated by this reference.
5. That the City Manager or designee is authorized to manage all related agreement and easement documentation.
108
Item7.
CIRCUIT 515
UG_515_00007
EAM 15952-120320
PROJECT ADDRESS: 321 N. BROADWAY, ESCONDIDO, CA 92025
5/19/2022DGE San Diego Gas & Electric
Sempra EnergyA utility
S
7 1
SCOTT THOMPSON(619) 432-9760
0 RUBEN RUIZ
300000437525
300000463765
0 SCALE
NTS
78 15
SITE
83210082 - GRAPE DAY PARK
CT
REFERENCE STRUCTURE
515-92
1-50 NTS
D124171
REFERENCE STRUCTURE
515-93
1-50 NDD
D124170
WOODWARD AVE
C515 #2 J AL 3ØCN 497'
C515 #2 J AL ZØCN 141'
C515 #2 J AL XØCN 197'
321 N. BROADWAY, ESCONDIDO, CA 92025
INS: 3425
INS: 515-1020
1-150 HBS
D238442
3 INS: C515 #2 J AL 3ØCN [194'] 2
C515 #2 J AL 3ØCN 598' [TO M3498374388]
EX. H111200
3314, 3 - 41
REFERENCE STRUCTURE
515-424
1-75 HZB
D143394
Resolution No. 2022-119
Exhibit A
109
Item7.
83210082 - GRAPE DAY PARK
0 SCALE
15' 5/19/2022DGE San Diego Gas & Electric
Sempra EnergyA utility
S
7 2
SCOTT THOMPSON(619) 432-9760
0 RUBEN RUIZ
300000437525
300000463765
INS: POWER CENTER
400A SERVICE 120/208V
3Ø, 4W, 42KAIC
EASEMENT REQ.
5 4 INS: (1) - 4" [4']
INS: (3) - 350, (1) - 3/0 600V [17']
EASEMENT REQ.
EX. H111200 1
321 N. BROADWAY, ESCONDIDO, CA 92025
EX. C515 #2 J AL 3ØCN 497'
[TO D143394]
MATCHLINE "A" - SEE SHEET 3
BA
1 2
AB
1 2
1 H111200
EX. 1 - 4"
C515 #2 J AL 3ØCN 598'
[TO M3498374388]
EX. 1 - 3"
C515 #2 J AL XØCN 197'
[TO D124170]
EX. 1 - 4"
C515 #2 J AL 3ØCN 598'
[TO M3498374388]
EX. 1 - 3"
C515 #2 J AL ZØCN 141'
[TO D124171]
D124170
D238442
INTERCEPT AND CONNECT TO EX. (1) - 4"
INS: (1) - 4" [11']
INS: C515 #2 J AL 3ØCN [194']
[TO D238442]
2 EX. C515 #2 J AL ZØCN 141'
[TO D124171]
EX. C515 #2 J AL 3ØCN 598'
[TO M3498374388]
EX. C515 #2 J AL XØCN 197'
INTERCEPT AND CONNECT TO EX. (1) - 4"
INS: (1) - 4" [11']
INS: C515 #2 J AL 3ØCN [194']
[TO D238442]
2 EX. 515-93
1-50 NDD
D124170
INS: 3425
INS: 515-1020
1-150 HBS
D238442
3 PARKING LOT
PL
CENTER MEDIAN
CENTER MEDIAN
SIDEWALK
SIDEWALK
SIDEWALK
PL
PLANTER
PLANTER
SIDEWALK
SIGN
PARKING LOT
PL
Resolution No. 2022-119
Exhibit A
110
Item7.
EV
CHARGINGONLY EV
CHARGINGONLY EV
CHARGINGONLY EV
CHARGINGONLY EV
CHARGINGONLY
EV
CHARGINGONLY
EV
CHARGINGONLY EV
CHARGINGONLY EV
CHARGINGONLY
EV
CHARGINGONLY
EV
CHARGINGONLY EV
CHARGINGONLY
EV
CHARGINGONLY
EV
CHARGINGONLY
NO
PARKING
EV
CHARGINGONLY EV
CHARGINGONLY EV
CHARGINGONLY EV
CHARGINGONLY EV
CHARGINGONLY
EV
CHARGINGONLY
EV
CHARGINGONLY EV
CHARGINGONLY EV
CHARGINGONLY
EV
CHARGINGONLY
EV
CHARGINGONLY EV
CHARGINGONLY
EV
CHARGINGONLY
EV
CHARGINGONLY
NO
PARKING
83210082 - GRAPE DAY PARK
0 SCALE
15' 5/19/2022DGE San Diego Gas & Electric
Sempra EnergyA utility
S
7 3
SCOTT THOMPSON(619) 432-9760
0 RUBEN RUIZ
300000437525
300000463765
78 15
SITE
INS: (1) - 1 1/2" [53']
(4) - #6 & (1) - #8 [65']
EASEMENT REQ.
6 321 N. BROADWAY, ESCONDIDO, CA 92025
MATCHLINE "A" - SEE SHEET 2
INS:
L2 DUAL CHARGER
EASEMENT REQ.
7 INS: (1) - 1 1/2" [70']
(4) - #6 & (1) - #8 [82']
EASEMENT REQ.
8 INS:
L2 DUAL CHARGER
EASEMENT REQ.
9 INS: (1) - 1 1/2" [87']
(2) - #6 & (1) - #8 [99']
EASEMENT REQ.
10 INS:
L2 SINGLE CHARGER
EASEMENT REQ.
11 INS: (1) - 1 1/2" [95']
(2) - #6 & (1) - #8 [107']
EASEMENT REQ.
12 INS:
L2 SINGLE CHARGER
EASEMENT REQ.
13 INS: (1) - 1 1/2" [102']
(2) - #6 & (1) - #8 [114']
EASEMENT REQ.
14 INS:
L2 SINGLE CHARGER W/ GATE WAY UNIT
EASEMENT REQ.
15 INS: (1) - 1 1/2" [120']
(4) - #6 & (1) - #8 [132']
EASEMENT REQ.
16 INS:
L2 DUAL CHARGER
EASEMENT REQ.
17 INS: (1) - 1 1/2" [137']
(4) - #6 & (1) - #8 [149']
EASEMENT REQ.
18 INS:
L2 DUAL CHARGER
EASEMENT REQ.
19 INS: (1) - 1 1/2" [153']
(4) - #6 & (1) - #8 [165']
EASEMENT REQ.
20 INS:
L2 DUAL CHARGER
EASEMENT REQ.
21 INS: (1) - 1 1/2" [161']
(2) - #6 & (1) - #8 [173']
EASEMENT REQ.
22 INS:
L2 SINGLE CHARGER
EASEMENT REQ.
23 PARKING LOT
DRIVEWAY
PARKING LOT
SIDEWALK
SIDEWALK
SIDEWALK
Resolution No. 2022-119
Exhibit A
111
Item7.
83210082 - GRAPE DAY PARK
0 SCALE
NTS
5/19/2022DGE San Diego Gas & Electric
Sempra EnergyA utility
S
7 4
SCOTT THOMPSON(619) 432-9760
0 RUBEN RUIZ
300000437525
300000463765
321 N. BROADWAY, ESCONDIDO, CA 92025
PARK DIRECTIONAL SIGNAGE
TOP OF
FINISHED
GRADE
MINIMUM 2'-0"
EMBEDMENT
3"
MINIMUM DIAMETER
1'-3"
60" (MIN.)
25INS: EV POLE AND
DIRECTIONAL SIGN
[CREWS TO INSTALL SIGN
FACING WEST]
26 INS: EV POLE AND
DIRECTIONAL SIGN
[CREWS TO INSTALL SIGN
FACING NORTH]
24 INS: EV POLE AND
DIRECTIONAL SIGN
[CREWS TO INSTALL SIGN
FACING SOUTH]
CONSTRUCTION NOTE: CREWS ARE TO
REFERENCE COVER SHEET AND EV-10.10 FOR
APPROVED CONCRETE MIXES FOR ALL
FIELD-POURED SIGN FOUNDATIONS.
IF INSTALLED IN
P.O.T., 80" MIN
Resolution No. 2022-119
Exhibit A
112
Item7.
83210082 - GRAPE DAY PARK
5/19/2022DGE San Diego Gas & Electric
Sempra EnergyA utility
S
7 7
SCOTT THOMPSON(619) 432-9760
0 RUBEN RUIZ
300000437525
300000463765
L2 CHARGER AND METER DETAIL
CONSTRUCTION NOTE: CREWS ARE TO REFERENCE COVER SHEET AND EV-8.10 FOR APPROVED CONCRETE MIXES FOR ALL FIELD-POURED CONCRETE FOUNDATIONS. x POUR-IN-PLACE, SEE EV-8.10
x PRECAST FOUNDATION, SEE EV-8.11
1.5" PVC
CONDUIT
RECOMMENDED
MINIMUM DEPTH: 2'
NOTE: REFERENCE EV STD EV-8.10 FOR MORE INFORMATION
DEPENDING ON EVSE
FOOTPRINT TO BE USED,
2" MIN FOUNDATION
EXTENSION ON ALL SIDES
1. FINISH GRADE
2. CONNECT GROUND ROD TO GRID WITH COPPER CLAMP
3. #2 B.C. STRANDED GROUND WIRE
4. 5/8" DIA. X 8' LONG COPPERWELD GROUND ROD
NOTE: FOR CONSTRUCTION PURPOSES ONLY. FOR CHARGER SPECIFICATIONS, PLEASE
REFERENCE PROVIDED CUTSHEETS
Resolution No. 2022-119
Exhibit A
113
Item7.
CITY OF ESCONDIDO
PLANNING DIVISION
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
(760) 839-4671
Notice of Exemption
To: San Diego Assessor/Recorder/County Clerk
Attn: Fish and Wildlife Notices
1600 Pacific Highway, Room 260
San Diego, CA 92101 (MS A-33)
From: City of Escondido
201 North Broadway
Escondido, CA 92025
Project Title/Case No.: PL22-0039 (SDG&E Electric Vehicle Charging Stations) Project Location - Specific: On the south side of Woodward Avenue, between N. Broadway and N. Escondido Avenue, addressed at 251 Woodward Avenue (APN 229-352-12-00).
Project Location - City: Escondido Project Location - County: San Diego Description of Project: The project involves the installation of nine SDG&E Electric Vehicle (“EV”) charging stations and associated infrastructure within the City of Escondido Grape Day Park/Woodward Parking Lot. The chargers consist of Level 2 (208-240 volt) chargers (5 dual station and 4 single station). The EV charging stations are narrow vertical structures that are approximately five feet tall and serviced by underground infrastructure.
Name of Public Agency Approving Project: City of Escondido Name of Person or Agency Carrying Out Project:
Name: Anthony Aguirre, San Diego Gas & Electric (Project Manager) Telephone: (619) 416-2311 Address: 8306 Century Park Court, CP 42F, San Diego, CA 92123 Private entity School district Local public agency State agency Other special district Exempt Status: The proposed project qualifies for a categorical exemption pursuant to CEQA Guidelines section 15303 for New Construction meeting all applicable conditions.
Reasons why project is exempt:
1. The project involves the installation and operation of a limited number of new, small equipment within an existing municipal parking lot. The site can be adequately served by all required utilities and public services .
2. The project is not located in the vicinity of any designated or eligible state scenic highway ; there are no on-site hazardous waste sites associated with the project site listed under Government Code section 65962.5; and there are no historic resources located within the project development area or that would be affected by the proposed project. All resource topics associated with the project have been analyzed and were found to pose no significant impact. Therefore, the project would not make a cumulatively considerable contribution to a significant cumulative impact.
3. For the foregoing reasons, the project is categorically exempt pursuant to CEQA Guidelines section 153 03, for new construction and the project would not have the potential to cause an ad verse impact on the environment from any unusual circumstances. Therefore, the activity is not subject to further CEQA review.
Lead Agency Contact Person: Jay Paul, Planning Division Area Code/Telephone/Extension (760) 839-4537 Signature:
Jay Paul, Senior Planner Date
Signed by Lead Agency Date received for filing at OPR:
Resolution No. 2022-119
Exhibit B
114
Item7.
Resolution No. 2022-119
Exhibit C
PL 22-0323
FINDINGS OF FACT
Environmental Determination:
1. Pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the City of Escondido is the Lead Agency for the project (“Project”), as the public agency with the principal responsibility for approving the Project.
2. All of the requirements of the California Environmental Quality Act have been met because it was found that the project will not have a significant effect on the environment as demonstrated in the Categorical Exemption in CEQA Gui delines section 153 03, “ New Construction,” as follows:
a. The project involves the installation and operation of a limited number of new, small pieces of equipment (electric vehicle charging stations and associated infrastructure) within an existing municipal parking lot. The site can be adequately served by all required utilities and public services.
b. The project is not located in the vicinity of any designated or eligible state scenic highway; there are no on -site hazardous waste sites associated with the project site listed under Government Code section 65962.5; and there are no historic resources located within the project area or would be affected by the proposed project. All resource topics associated with the project have been analyzed and we re found to pose no significant impact.
Therefore, the project would not make a cumulatively considerable contribution to a significant cumulative impact.
Plot Plan:
1. The project site is located within the Park View District of the Downtown Specific Plan (SPA 9). Accessory structures such as Electric Vehicle Charging Stations and related infrastructure are permitted uses within the Park View District.
2. The Plot Plan is granted subject to such conditions as deemed necessary to meet the standards of the use and zone in which it is located and to comply with applicable design standards. The Plot Plan also is granted subject to such additional conditions as deemed necessary and desirable to preserve the public health, safety and general welfare. 115
Item7.
PL22-0323
CONDITIONS OF APPROVAL
This Project is conditionally approved as set forth on the application received by the City of Escondido on June 14, 2022, and the P roject drawings consisting of Site Plans and drawings, all designated as approved on August 17, 2022, and shall not be altered without express authorization by the Community Development 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. This 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 that 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, pu rsuant 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 consistent and in conformity with the final action on the Project. This includes amending the Project drawings as necessary to in corporate revisions made by the decision-making body and/or reflecting any modifications identified in these conditions of approval. Three copies of final Approved Plan set, shall be submitted to the Planning Division for certification. Said plans must be certified by the Planning Division prior to submittal of any Resolution No. 2022-119
Exhibit D
116
Item7.
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 th e 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. “Minor" modifications may be granted if found by the Director of Developmen t Servicesto be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. Modifications beyond the scope described in the Approved Plan set may require submittal of an amendment to the Permit and a pproval 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 Community Development 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. Right to Entry. The holder of this Pe rmit 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, local ordinances and safety requirements are properly followed. The Applicant shall provide such business r ecords, licenses, and other materials necessary upon request to provide evidence of compliance with the conditions of approval, as well as federal, state, or laws.
8. 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 does not relieve the Applicant of the obligation to comply with all applicable statutes, regulations, Resolution No. 2022-119
Exhibit D
117
Item7.
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.
9. Clerk Recording.
a. Exemption. If the environmental determination prepared for the Project is a categorical exemption, the City of Escondido hereby notifies the Applicant that the County Clerk’s Office requires a documentary handling fee of $50 in order to file a Notice of Exemption.
In order to file the Notice of Exemption with the County Clerk, in conformance with California Environmental Quality Act (CEQA) Guidelines section 15062, the Applicant should remit to the City of Escondido Planning Division, within two working day s of the final approval of the P roject (the final approval being the date of this letter) a certified check payable to the “County Clerk” in the amount of $50. The filing of a Notice of Exemption and the posting with the County Clerk starts a 35 -day statute of limitations period on legal challenges to the agency’s decision that the Project is exempt from CEQA.
Failure to submit the required fee within the specified time noted above will result in the Notice of Exemption not being filed with the County Clerk, and a 180 -day statute of limitations period will apply.
10. Application Accuracy. The information contained in the application and all attached materials are assumed to be correct, true, and 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 materials submitted are not true and correct. The Applicant may be liable for any costs associated with rescission of such permits.
11. 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.
12. 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, departments, officials, officers, agents, employees, and volunteers Resolution No. 2022-119
Exhibit D
118
Item7.
(collectively, “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 ca used 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 f rom 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 Cit y 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 outs ide 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 sha ll 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 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 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 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 written notice from the City, the Applicant shall replenish the deposit account in the amount the City Resolution No. 2022-119
Exhibit D
119
Item7.
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.
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 D ivision, 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. 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 certificat e 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 an d 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-liue subject to the satisfaction of the City Engineer.
Resolution No. 2022-119
Exhibit D
120
Item7.
4. Noise. All Project generated noise shall conform to the City’s Noise Ordinance (Ordinance 90- 08).
5. Lighting. All exterior lighting shall conform to the requirements of Article 35 (Outdoor Lighting Ordinance) of the Escondido Zoning Code.
6. General Property Maintenance. The property owner or management company shall maintain the property in good visual and functional 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.
7. 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.
8. 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.
9. Staging Construction Areas. All staging areas shall be conducted on the subject property, subject to appro val of the Engineering Department. Off -site staging areas, if any, shall be approved through the issuance of an off-site staging area permit/agreement.
10. 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.
11. 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.
12. 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 require ment may be granted if (i) the Applicant provides documentation demonstrating that equipment with Tier 4 Interim engines are not reasonably Resolution No. 2022-119
Exhibit D
121
Item7.
available, and (ii) functionally equivalent diesel PM emission totals can be achieved for the Project from other com binations 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 replacement equipment has been evaluated using the Califo rnia 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.
C. Specific Planning Division Conditions:
1. Any new above-ground transformer/electrical boxes shall be painted a dark flat green and this note shall be included on the building plans.
2. Any landscaping or irrigation removed or damaged shall be replaced/repaired.
3. The applicant shall submit an encroachment permit with the Engineering Services Division/Field Engineering.
4. Include note on the plans to that all water service and fire hydrant services, cut or damaged during construction, shall be replaced from the water main to the meter/fire hydrant, per City of Escondido Standard Drawing W-1-E, W-2-E and/or W-3-E.
5. The location of the improvements depicted in the plans and easement attached to Resolution No. 2022-119 as Exhibits “A” and “F,” respectively, are approximate. Changes to the location may be permitted without a modification to the Plot Plan, subject to approval of the Director of Development Services, as long as the location remains in the Woodward parking lot. In the event that the location does change, a new easement shall be recorded against the property in a form that substantially conforms to Exhibit “F,” subject to approval of the City Attorney.
D. Specific Building Division Conditions:
Building plans must be submitted for this project. These comments are preliminary only. A comprehensive plan check will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required.
1. The applicant shall submit a complete set of construction plans to the Development Services Department for building permit plan check processing. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The International Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes).
2. The final certified plans shall clarify/show the number and type of accessible EVCS per Section 11B-228.3.2. Provide plans and details to show the accessible EVCS to comply with Sections 11B-812.1 to 11B-812.10.4 of the California Building Code.
Resolution No. 2022-119
Exhibit D
122
Item7.
SDG&E Power Your Drive for Parks Public EV Charging Program Participation Agreement
1 This CUSTOMER PARTICIPATION AGREEMENT (“Agreement”) is by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation (“S DG&E”) and City of Escondido (“Program Participant”). SDG&E and Program Participant are referred to individually as a “Party” and collectively as the “Parties.”
RE CITALS
A. In support of California’s goal to reach 1.5 million zero-emission vehicles by 2025 and infrastructure t
o support more than 5 million zero-emission vehicles by 2030, Program Participant will permit, and SDG&E will own, install, operate and maintain electric vehicle charging stations at qualifying and selected Park & Beaches as part of SDG&E’s Power Your Drive for Parks Public EV Charging Program (“Program”) and as approved by the California Public Utilities Commission (CPUC).
B. In general, the Program provides: no cost design, installation and operation of SDG&E infrastructure a
nd EV Charging Equipment at no cost to Program Participant for a period of eight (8) ye ars.
SD
G&E agrees to facilitate billing to EV Drivers using EVSPs as more fully described in Section 1.1 below.
C. Purusant to AB1083, Program Participant and SDG&E are entering into this Agreement fo r p
articipation in the Program; and for installation and operation of public EV charging infrastructure at Grape Day Park, 321 N. Broadway, Escondido, CA 92025 (“Facility”).
AGREEMENT
NOW, THEREFORE, the Parties mutually agree as follows:
1 .0 GENERAL PROGRAM PARTICIPATION REQUIREMENTS:
To participate in the Program, Program Participant agrees to comply with the following requirements:
1.1 Have dedicated parking for the electric vehicles;
1.2 Execute and deliver an SDG&E approved easement which shall be recorded in the office of the County Recorder for the County of San Diego.
1.3 Cooperate with SDG&E to ensure the Facility meets applicable accessibility requirements of the Americans with Disabilities Act (ADA);
1.4 N otify SDG&E in cases of vandalism, damaged or non-functioning equipment . Program Participant is not obligated to perform any inspection or maintenance of installed EVSE;
1.5 Submit Owner Authorized Agent (OAA) Form. OAA approves SDG&E to act as Program Participant’s agent as it relates to obtaining any required permits for the installation of the EV infrastructure (Exhibit A) and;
1.6 Support data collection efforts as part of this Program. 2 .0 DEFINITIONS
ADA: Americans with Disabilities Act .
Disadvantaged Community: Communities identified by census tract as being in the top quartile within SDG&E service territory as scored by the CalEPA Enviroscreen tool and as approved per SDG&E Advice Letter 2876-E, Submittal of Definition of Disadvantaged Communities for Electric Vehicle-Grid Integration (VGI) Pilot Program Pursuant to Commission Decision 16-01-045.
Easement: A real property instrument hereto grant right of way for SDG&E to construct, maintain, operate and repair any SDG&E owned infrastructure.
Resolution No. 2022-119
Exhibit E
123
Item7.
Effective Date: The date that this Agreement is dually signed and executed.
EV: Electric Vehicle.
EV Driver: An EV operator who parks at and uses the EVSE at the Facility.
EVSE: Electric Vehicle Supply Equipment. All equipment needed to charge an EV including the EV charging station, switches, fuses, meters and other associated equipment.
EVSP: Electric Vehicle Service Provider. The third party selected by SDG&E to providing charging and billing services to EV Drivers.
Facility: The premises, where the EV infrastructure will be located.
Grantor: The fee simple owner of the real property where the Facility is to be located pursuant to the Easement.
Implementers: SDG&E, its contractors, vendors, representatives, or other persons or entities responsible for implementing the Program on behalf of SDG&E.
Intellectual Property Rights: All trade secrets, patents and patent applications, trademarks (whether registered or unregistered and including any goodwill acquired in such trade marks), services marks, trade names, internet domain names, copyrights (including rights in computer software), moral rights, database rights, design rights, rights in know -how, rights in inventions (whether patentable or not) including, but not limited to, any and all renewals or extensions thereof, and all other proprietary rights (whether registered or unregistered, and any application for the foregoing), and all other equivalent or similar rights which may subsist anywhere in the world, including, but not limited to, any and all renewals or extensions thereof.
In Service Date: The date that Project is energized and project commissioning complete.
Job or Project: The installation of the approved EVSE at the Facility identified above.
Power Your Fleet for Parks Public EV Charging Program (or Program): All facets of the Power Your Fleet for Parks Public EV Charging Program.
Program Participant: The SDG&E Customer that enters into this Agreement.
Rate: The billing rate for use of charging at a Facility.
Removal Cost: EVSE removal costs which are the sum of (a) SDG&E’s full cost and expense to remove the EVSE, (b) an amount equal to the portion of the undepreciated cost of the EVSE remaining at the time of removal, (c) the portion of the undepreciated amount of the ins tallation costs remaining at the time of removal.
SDG&E: San Diego Gas & Electric Company.
3.0 RIGHT TO ACCESS
3.1 Design and Installation: Program Participant shall provide SDG&E and its Implementers access to the project location for purposes of design and installation of the EVSE. SDG&E and its Implementers shall make reasonable accommodations to minimize all impacts to Program Participant operations
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Exhibit E
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Item7.
3.2 O
peration of Facility: Program Participant shall provide SDG&E and its Implementers reasonable access to the Facility at all times.
4.0 EASEMENT REQUIREMENTS
Program Participant executes and shall deliver the Easement within 12 0 days of presentation by SDG&E. If Easement is not approved by SDG&E, Program Participant forfeits Program eligibility.
5.0 INSTALLATION OF EQUIPMENT
SDG&E and its Implementers will design and construct the i nfrastructure in compliance with the terms of this Agreement, as well as all applicable local, state and federal laws and regulatory requirements. Design layout is coordinated at the site walk, where both SDG&E and Program Participant provide input. Final d esign will be emailed to Program Participant for approval.
Program Participant shall have nine (9) EV Charging Stations ; nine (9) Level 2 and zero (0) DC Fast Chargers.
6.0 AM
ERICANS WITH DISABILITES ACT (ADA) REQUIREMENTS
Program Participant acknowledges that electric vehicle charging infrastructure is required to comply with ADA, if applicable, and California Building Standards, which may impact parking layouts and design.
7.0 ELECTRIC VEHICLE SERVICE PROVIDER (EVSP)
7.1 EVSP: SDG&E shall select an EVSP to provide charging and payment services to EV Drivers.
7.2 Additional EVSP S ervices: Separate and apart from this Agreement, the EVSP may offer and provide any additional or complementary services, as long as these services do not directly interfere with the objectives of the Program. Specifically, such services may not include activities, agreements, arrangements, policies or procedures that inhibit the ability of the EV Drivers to respond to the pricing signal of the EV Rate. The costs of any additional EVSP services willbe borne by Program Participant.
8.0 RELOCATIONS
8.1 Removal: Except as otherwise provided herein or in the Easement, at any time during the Term of this Agreement, should Program Participant require removal of the EVSE or parts thereof, other than those specifically contemplated herein, Program Participant shall bear full Removal Cost of all infrastructure installed pursuant to this Agreement, including utility owned infrastructure.
Program Participant requesting removals shall be responsible for costs as identified in the Removal Cost Schedule:
Removal Cost Schedule
Year Program Participant
Percentage Responsibility
1 88%
2 75%
3 63%
4 50%
5 38%
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6 25%
7 13%
8 0%
8.2 Relocations: Except as otherwise provided herein or in the Easement, at any time during the course of this Agreement or the duration of the Easement, whichever is longer, should Program Participant require relocation of the infrastructure installed pursuant to this Agr eement including Utility owned infrastructure or parts thereof, such relocation shall be by mutual agreement of the Parties. Should SDG&E approve relocation of such infrastructure, such relocation shall be at sole expense of Program Participant regardless of whether Utility owned or Program Participant owned, and in accordance with any Program requirements, laws, regulations, or other applicable jurisdictional requirements in effect at the time of relocation. Additionally, at SDG&E’s discretion, upon a re location, Program Participant shall either amend the Easement to include the legal description of the new location or enter into a new Easement with SDG&E.
9.0 RATE
EV Drivers will be charged the EV -TOU Rate, and the EVSP will manage the EV Driver’s payment.
10.0 DATA COLLECTION & USE
Program Participant shall support the data collection requirements of the Program. Data collection requirements will conform with the requirements of the CPUC. Program Participant consents to the use and disclosure, by SDG&E, its agents and representatives of data gathered as part of the Program for use in regulatory reporting, industry forums, case studies or other similar activities.
11.0 CONTACT INFORMATION
Facility contact persons for Program Participant shall be as follows:
11.1 Designated Program Participant Contact Person for Operations Primary - Name:
Job Title:
Agency:
Address:
Email:
Phone:
Back-up - Name:
Job Title:
Agency:
Address:
Email:
Phone:
11.2 Designated SDG&E Contact Person for Operations
Primary - Name: Joe Bielawski
Job Title: Project Manager, Operations
Agency: SDG&E
Address: 8306 Century Park Court, CP 42F, San Diego, CA 92123 Resolution No. 2022-119
Exhibit E
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Item7.
Email: [email protected]
Phone: (858) 276-9980
Back-up - Name: Anthony Aguirre
Job Title: Project Manager, Power Your Drive for Parks
Agency: SDG&E
Address: 8306 Century Park Court, CP 42F, San Diego, CA 92123 Email: [email protected]
Phone: (619) 416-2311
12.0 CO
MPENSATION
Except as otherwise provided in this Agreement, under no conditions shall Program Participant receive compensation of any kind, either by cash, in- kind services, or otherwise, for any duties or requirements provided for in this Agreement or for participation in any way as part of the Program, including but not limited to:
• Easement;
• Use of data for lawful purposes;
• Loss of activity during construction or maintenance activities, or • Any other inconvenience or loss, without limitation, related to participation.
13.0 CO
NFIDENTIALITY
During the term of this Agreement, Program Participant may be provided with information of a confidential nature (“Confidential Information”) by SDG&E or its Implementers.
13.1 Duty of Confidentiality. Throughout and after the duration of this Agreement, P rogram Participant shall hold all Confidential Information in strict confidence. Without SDG&E’s prior written approval, Program Participant shall not use, disclose, reproduce, distribute, or otherwise misappropriate any Confidential Information, nor shall Program Participant take any action that may cause, or fail to take any action necessary to prevent causing, any Confidential Information to lose its character as Confidential Information.
13.2 Return of Materials. Upon the termination or conclusion of t his Agreement for any reason, or upon earlier request by SDG&E, its Implementers or other designated representatives, Program Participant shall promptly erase and destroy or otherwise return all Confidential Information and other documents or data that contain Confidential Information.
13.3 Customer Information. Program Participant acknowledges and agrees that all information Program Participant collects or obtains from SDG&E, its Implementers or other designated representatives with regard to EV Drivers, including but not limited to names, addresses, telephone numbers, account numbers, utility bill data, energy usage, demographics, financial data, or any other personal information (“Customer Information”), shall be deemed Confidential Information.
13.4. Data Security. Program Participant will establish and diligently maintain safeguards and security practices to protect against the destruction, loss, or disclosure of any Confidential Information in its custody or possession. If Program Participant discovers a breach of security, it shall immediately notify SDG&E (use Contact Information included in Section 11.2) and use its best efforts to mitigate the breach and prevent any disclosure or loss of Confidential Information.
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Exhibit E
127
Item7.
N
otwithstanding the foregoing, SDG&E understands that Program Participant is a public entity and subject to federal, state and local regulation governing public records, including the California Public Records Act. SDG&E understands and agrees that Program Participant shall comply with all such regulations, including the disclosure of Confidential Information, if legally required.
14.0 I
NTELLECTUAL PROPERTY
Nothing in this Agreement or the Parties’ performance of it is intended to or shall be deemed to convey any Intellectual Property Rights to Program Participant. All Intellectual Property Rights relating to the Program are expressly reserved to SDG&E, its Implementers or other designated representatives and their respective licensors.
15.0 W
AIVER
No provision of this Agreement may be waived unless agreed to by SDG&E and Program Participant in writing. SDG&E’s or Program Participant’ failure to insist upon strict performance of any provision of the Agreement, or to exercise any right based upon a breach thereof, or the acceptance of an y performance during such a breach, shall not constitute a waiver of any right under this Agreement.
16.0 DIS
PUTE RESOLUTION
16.1 Meet and Confer: In the event of a dispute relating to this Agreement, Program Participant and SDG&E, its Implementers or other designated representatives shall make a good faith effort to resolve the dispute by negotiation between representatives with decision -making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute.
16.2 Arbitration: In the event the Parties fail to resolve by negotiation any dispute arising out of or relating to this Agreement, such dispute shall be resolved by binding arbitration administered by JAMS (formerly known as Judicial Arbitration and Mediation Services) under its then current rules.
The arbitration shall be conducted in San Diego County, California. The Parties hereby irrevocably waive any right to have such disputes tried before a jury. If either Party refuses or fails to participate in arbitration after receiving notice, then the arbitrator shall make an award based on the evidence presented to him or her. The arbitrator shall award the prevailing Party its fees and costs. Any arbitration award shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. In no event may arbitration be demanded on any claim after the applicable statute of limitation for commencing litigation has expired.
17.0 G
OVERNING LAW
This Agreement shall be governed by t he laws of the State of California, excluding its conflict of laws rules. The exclusive venue for any litigation arising from or relating to this Agreement shall be in San Diego County, California.
18.0 PROGRAM PARTICIPANT REPRESENTATIONS
Program Participant represents it is an independent entity from SDG&E, its affiliates, contractors, vendors, representatives, designees and nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between Program Participant and SDG&E, its affiliates, contractors, vendors, representatives or designees nor create any obligations or responsibilities on their behalf except as otherwise provide herein, nor make any representations of any kind to this effect. Program Participant represents that it is the fee title owner and has the ability to grant the Easement.
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Exhibit E
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19. 0 THIRD PARTY BENEFICIARIES
This Agreement and any related documents are solely between the Parties and no third parties are intended beneficiaries.
20.0 S
EVERABILITY
If any provision under this Agreement or its application to any person or circumstance is held invalid by any court of lawful jurisdiction, such invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provision.
21.0 M
ARKETING & BRANDING (SDG&E BRAND or EVSP BRAND)
22.1 Disclaimer: All marketing, advertising or promotional materials which reference SDG&E, its Implementers or other designated representatives or the Program itself, shall include a disclaimer which shall state that Program Participant is not an agent or affiliate of any and all of SDG&E, its Implementers or other designated representatives.
22.2 Logos/ Trademarks: Program Participant shall not use the logos, trademarks or servic e marks of SDG&E, its Implementers or other designated representatives in any of Program Participant’s marketing, advertising, or promotional materials without express written approval from SDG&E, its Implementers or other designated representatives as appropriate.
22.3 Signage: Neither SDG&E nor its Implementers or other designated representatives or the Program itself shall be allowed to erect signage or other marketing materials on Program Participant property without prior express approval.
22.4 Marketing Materials : SDG&E must pre-approve all Program marketing materials.
22.5 Endorsements: Program Participant shall not state or imply endorsement on the part of SDG&E, its contractors or other designated representatives or the Program.
22.6 Right to Review Materials : SDG&E, its contractors or other designated representatives reserves the right to review and approve any and all advertising, marketing, or promotional copy or materials developed or used by the Program Participant which references the Program Participant’s participation in this Agreement or the Program, financing and other SDG&E programs or those of the contractors or other designated representatives. At its sole discretion, SDG&E, its contractors or other designated representatives may require the Program Participant to submit such copy and materials for pre-approval. Approval shall be granted, unless SDG&E, its contractors or other designated representatives, in its sole discretion, determines that the copy or materials are misleading, in error, or fail to meet the requirements of this Agreement. The Program Participant agrees to remove from circulation or otherwise discontinue the use of any such materials.
22.0 CH
ANGES
SDG&E, its Implementers or other designated representatives may initiate changes to the Program as circumstances dictate. SDG&E, its Implementers or other designated representatives will make every effort to provide at least 30 calendar days written notice of changes that affect Program activities. In the event SDG&E, its Implementers o r other designated representatives materially change the Program to the detriment of Program Participant, Program Participant may terminate this Agreement or rescind the Easement upon 30 days written notice to SDG&E, subject to the terms of this Agreement.
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Exhibit E
129
Item7.
Desi
gn Changes, Program Participant acknowledges and agrees that any infrastructure installed by SDG&E may vary from the Conceptual Design, if, in SDG&E’s sole discretion, actual Site conditions or municipal requirements dictate such changes. Program Participant may be responsible for incremental costs associated with changes to design requested by Program Participant for convenience after acceptance of design.
23.0 TERMINATION AND TRANSFER
23.1 Term: This Agreement shall be in effect from the Effective Date (“Effective Date”) through a period of eight (8) years from the In-Service Date (“In-Service Date”), unless the parties agree in writing to cancel or extend the Term (“Term”).
23.2 SDG&E Right to Terminate : SDG&E may
terminate, or for any duration suspend, this Agreement and Program Participant’s participation in the Program, or operation of the i nfrastructure, with or without cause, at any time, and for any reason, such reasons may include but are not limited to:
• Failure to provide or maintain terms of the Easement
• Breach of Agreement in whole or in part
• Permitting issues
• Exceptional installation costs
• Environmental concerns
• Program no longer authorized by the CPUC
• Any other reason(s) not in Program or ratepayers’ best interest
23.3 Termination: Program Participant may terminate this Agreement upon thirty (30) days notice should SDG&E materially breach any material term of this Agreement or fail to perform any material its obligations hereunder, after notice and a reasonable opportunity to cure. Should a sale of property or other circumstance result in Program Participant losing ability to perform its obligations per this Agreement, Program Participant shall immediately notify SDG&E in writing and without delay within ten (10) days of Program Participant knowledge of such a possibility and notwithstanding anything to the c ontrary contained herein, this Agreement shall terminate. Notwithstanding anything contained in this Agreement, if Program Participant terminates the Agreement for any reason other than an SDG&E material breach prior to the eight (8) year period, Program Participant will be responsible for the Removal Cost as calculated pursuant to the Removal Cost Schedule in Section 8.1.
If after signing this Agreement, Program Participant withdraws from the Program prior to the site being activated, then SDG&E reserves the right to recover all fees and costs incurred by it and its Implementers after the Effective Date including, but not limited to, design cost, site walk costs, etc.
23.4 Transfer of Agreement: Under no circumstance may this Agreement or parts thereof be assigned, transferred or otherwise conveyed without prior reasonable written approval of the other Party.
24.0 O
PTION TO PURCHASE EVSE
At the end of the eight (8) year term of this Agreement, Program Participants may have the option to purchase EVSE located at: Grape Day Park, 321 N. Broadway, Escondido, CA 92025, SDG&E may sell EVSE to Program Participant at fair market value, subject to regulatory approval.
Program Participant must notify SDG&E in writing of its interest to purchase EVSE within thirty (30) days of completing the eight (8) year period term of this Agreement.
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Exhibit E
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Item7.
25. 0 NOTICES
Any notice provided under this Agreement shall be sent via certified U.S. Mail, signature required.
Notice is deemed effective on the third day after it is deposited in the U.S. Mail. Notice pursuant to this Agreement shall be sent to:
25.1 P
rogram Participant:
Primary - Name:
Job Title:
Agency:
Address:
Email:
Phone:
Back-up - Name:
Job Title:
Agency:
Address:
Email:
Phone:
25.2 S
DG&E:
Primary - Name: Anthony Aguirre
Job Title: Project Manager, Power Your Drive for Parks
Agency: SDG&E
Address: 8306 Century Park Court, CP 42F, San Diego, CA 92123 Email: [email protected]
Phone: (619) 416-2311
Back-up - Name: Chris Faretta
Job Title: Clean Transportation Programs Manager
Agency: SDG&E
Address: 8306 Century Park Court, CP 42F, San Diego, CA 92123 Email: [email protected]
Phone: (858) 547-3091
26.0 AUT
HORITY
The undersigned represents and warrants that it has the requisite power, legal authority and capacity to enter into this Agreement and to perform each and every obligation required of Program Participant under this Agreement.
27.0 M
ISCELLANEOUS
This Agreement, including the Exhibits attached hereto and all items incorporated herein by reference and any written modification shall represent the entire and integrated agreement between the Parties hereto regarding the subject matter of this Agreement and shall constitute the exclusive statement of the terms of the Parties’ agreement, and shall supersede any and all prior negotiations, representations or agreements, written or oral, express or implied, that relate in any way to the subject matter of this Agreement or written modification. If any provision of this Agreement is in any way deemed unenforceable, then the remainder of this Agreement and the application of Resolution No. 2022-119
Exhibit E
131
Item7.
s
uch term or provision to persons or circumstances other than those to which it is held unenforceable, shall not be affected, and each term and provision shall be enforceable to the fullest extent permitted by law.
At an
y time either Party is aware of, any ambiguity in, or conflict between or within this document, said Party shall immediately bring such ambiguity to the attention of the other Party or its designated representative for clarification and resolution.
28.0 ACK
NOWLEDGEMENT
Program Participant represents and warrants that it has the requisite power, legal authority and capacity to enter into this Agreement and to perform each and every obligation required of Program Participant under this Agreement. In addition, the undersigned warrants and represents that the person signing this Agreement on the Party’s behalf has and shall have all requisite power and legal authority to bind the Party on whose behalf he/she is signing to the Party’s obligations under this Agreement.
Pr
ogram Participant acknowledges that it has provided all required information and documentation truthfully and accurately.
Th
is Agreement shall become effective as of the Effective Date.
PROGRAM PARTICIPANT SAN DIEGO GAS & ELECTRIC
By: By:
Signature Signature
Date: Date:
Printed Name and Title Printed Name and Title
Name of Agency
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Exhibit E
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Date: Site ID#: 83210082 Site Name: Grape Day Park
Owner Authorized Agent Form
I, , hereby authorize San Diego Gas & Electric to act as my agent in all documents / forms as it relates to obtaining Agency permits for the installation of AB 1082/AB 1083 Electric Vehicle charging infrastructure at the property listed below.
SITE HOST TO COMPLETE
Property Address:
Grape Day Park, 321 N. Broadway, Escondido, CA 92025
Agen
t Name, Address & Telephone Number:
Anthony Aguirre, Project Manager SDG&E
8306 Century Park Court, CP 42F, San Diego, CA 92123
[email protected], (619) 416-2311
Pr
operty Owner Name, Address, & Telephone Number:
Signature: Date:
EXHIBIT A: Owner Authorized Agent Form
Resolution No. 2022-119
Exhibit E
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T:landServices:NonRecords:NewBusiness: -1- 810236S
Rev. 1
Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company
8690 Balboa Avenue
San Diego, CA 92123-1569
Attn: Real Estate Records – CPA01
SPACE ABOVE FOR RECORDER'S USE
Project No.: 3-333203
Notif. No.: 3-349876
A.P.N.: 229-352-12 Transfer Tax None
SR No.: 458401 SAN DIEGO GAS & ELECTRIC COMPANY
_____________________________________
RW 372105
EASEMENT
CITY OF ESCONDIDO, a California municipal corporation, as successor agency to the Escondido Community Development Commission (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of:
1. Underground facilities, together with aboveground structures consisting of, but not limited to, pad -mounted electrical equipme nt, and electric vehicle charging stations (“EV Stations”), and appurtenances for the transmission and distribution of electricity to the Facilities.
2. Communication facilities and appurtenances, which can include Supervisory Control and Data Acquisition (“SCADA”).
The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary.
Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials.
The property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California described as follows:
That portion of Lot 25 in Block 10 of Escondido, according to Map thereof No. 336, filed in the Office of the County Recorder of said County of San Diego, more particularly described in Parcel 8 in a Deed recorded July 15, 1992 at Document No. 1992-0443955, of Official Records of said County of said County of San Diego.
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The easement in the aforesaid property shall be those strips of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every utility facilit y installed within said property on or before December 31, 2022.
In order to provide adequate working space for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8) feet of the front of the door or hinged opening of any above ground Facility (other than the EV Station) and within three (3) feet of the EV Station installed within this easement.
Grantor shall provide at all times, a delineated space surrounding each EV Station, so that EV Station may be accessed and used by an electric vehicle for charging. SDG&E shall stencil, in paint, the ground of such stall with the letters “EV Charging Only”. SDG&E shall mark a minimum of two and up to half of these spaces with a sign that states: “No parking except for electric vehicle charging”. All signage proposed for this project shall conform to City Wide Sign Regulations and be administered by the Sign Code Administration Division of the Planning Department, where applicable.
This easement described herein is required by and subject to the terms of the Customer Participation Agreement (Participation Agreement) concurrently enter ed into by Grantor and Grantee.
Notwithstanding the foregoing, upon the expiration or early termination of the Participation Agreement and Grantor and Grantee’s mutual agreement, at both parties’ sole discretion, Grantee will (i) remove Grantee’s facilities from the easement within a reasonable period of time, and (ii) upon Grantor’s request, furnish Grantor a good and sufficient quitclaim of the easement; provided, that Grantee shall have such time as is necessary to obtain any and all agency or jurisdictional requirements and approvals necessary for such removal and quitclaim, including but not limited to any approval from the California Public Utilities Commission as may be required , and any investigation or rem ediation of the easement area as determined to be necessary by Grantee. Notwithstanding anything herein to the contrary, Grantee may abandon its underground conduit or substructures in place , in which case Grantee shall transfer such abandoned underground conduit to Grantor by furnishing Grantor a good and sufficient Bill of Sale conveying to Grantor all of Grantee’s right, title, and interest in and to the abandoned underground conduit or substructures.
Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes.
Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, an y building or other structure, plant any tree, drill or dig any well, within this easement.
Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consen t of Grantee, which consent shall not unreasonably be withheld.
Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons.
Resolution No. 2022-119
Exhibit F
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CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and OBTAINING PERMISSION.
The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California.
This easement shall be binding upon and inure to the benefit of successors, h eirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee.
IN WITNESS WHEREOF, Grantor executed this instrument this _______________ day of ____________________________, 20_______.
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF ESCONDIDO
By: ______________________________________________
Name: ___________________________________________
PRINT NAME
Title: ____________________________________________
Drawn: BCorbilla
Checked: CME
Date: 12/08/2020 (REV) 08/16/2021
Site No: 83200053
Site Name: City of Escondido-Grape Day Park
Resolution No. 2022-119
Exhibit F
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Item7.
STATE OF CALIFORNIA
COUNTY OF
On , before me ,
(name, title of officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PE RJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Notary Seal)
(Signature of Notary Public)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Resolution No. 2022-119
Exhibit F
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Item7.
STAFF REPORT
August 17, 2022
File Number 0600-10
SUBJECT
CITY COUNCIL DISCUSSION OF THE OPERATION AND MANAGEMENT AGREEMENT BETWEEN THE CITY
AND THE CALIFORNIA CENTER FOR ARTS, ESCONDIDO, FOUNDATION AND THE FUNDING
ASSOCIATED WITH AN EXTENSION OF THIS AGREEMENT
DEPARTMENT
City Manager
RECOMMENDATION
Request the City Council (1) receive and file a staff report concerning the Management Agreement between the City and the California Center for Art, Escondi do, Foundation (“CCAEF”); and (2 ) provide direction to staff regarding any budget adjustments to be made to the FY2023 General Fund Operating Budget concerning annual funding for the CCAEF.
Staff Recommendation: Receive and file the Staff Report; provide direction regarding budget adjustment Presenter: Christopher W. McKinney, Deputy City Manager/Director of Utilities
FISCAL ANALYSIS
The City of Escondido (“City”) provides funding to the CCAEF for the operation and maintenance of the California Center for the Arts, Escondido (“CCAE”) via the Operation and Management Agreement for the CCAE (“Agreement”). The Agreement , which is attached to this Staff Report as Attachment “1” has historically had a term of five years, with five-year renewals approved by the City Council and the Board of Trustees of the CCAEF at the end of prior term. However, no such renewal was completed when the last Agreement term expired in 2019 . Since that time, the Agreem ent has proceeded as a month -to- month agreement until a new Agr eement is negotiated. In FY2023, the City budget ed $655,370 to the CCAEF to fulfil its management fee obligations under the Agreement. This was a reduction of $133,000 from the originally proposed amount, a percentage decrease similar to that requested by the City Council from other General Fund expenditures prior to the inclusion of American Rescue Plan Act (“ARPA”) and Section 115 Pension Trust funds to reduce the budget impact on the General Fund. The Management Fee is to be paid across two equal payments in July 2022 and January 2023. The payment scheduled for July 2022 has not been made pending the outcome of the City Council regarding future funding of the CCAE.
The City also expends money from the City’s General Fund to fulfill its obligations under the management agreement for maintenance of the CCAE facility, which is owned by the City. The FY2023 Operating Budget includes $810,000 for natural gas and electric utility costs, as well as $337,579 in building maintenance 138
Item8.
costs. More information on the division of maintenance responsibilities among the CCAEF, as operator, and the City, as owner, can be found in the Background section of this report.
PREVIOUS ACTION
On September 24, 2014, the City Council adopted Resolution No. 2014-139, authorizing execution of the Agreement with a five -year term. The agreement was executed on October 15, 2014. The agreement included an annual management fee of $700,970, to be adjusted annually by the Consumer Price Index and contingent on the City Council’s decision regarding the availability of funds.
On June 22, 2022 , the City Council adopted Resolution No. 2022-69, adopting the FY2023 Operating Budget, including funds budgeted for the CCAE Management Fee, electric and gas utilities, and building maintenance that is the City’s responsibility.
BACKGROUND
In 1994, five years after the incorporation of the CCAEF, the City completed construc tion of the arts, theater, conference center, and museum complex that Escondidans know as the CCAE. With the CCAE buildings and infrastructure complete, the City – as stated in the Agreement – desired “that the Center be managed with special expertise in the field of performing arts, theatre and museum operations; the holding of special events; the attraction of world class entertainers; and the promotion and support of local cultural programming all the while affording proper accountability to the citizens of Escondido.” The City Council entered into the Agreement with CCAEF because it was deemed competent to provide the personnel and expertise necessary to accomplish these goals.
The following paragraphs describe in some detail the specific terms of the Agreement and the relationship between the City and the CCAEF. The City has prepared a draft agreement for future consideration by the CCAEF Board of Trustees and the City Council later in Calendar Year 2022. The goal of the City and CCAEF is to finalize the new Agreement prior to the next Management Fee payment in January 2023.
The Agreement defines the CCAE (“ Center”) as the complex along Escondido Boulevard between Valley Parkway and the crossing of the Escondido Creek Channel. The Center includes the theaters, educational facilities and studios, museum, conference center, central plant, and administrative offices; as well as the immediately adjacent exterior gardens, plazas, and grounds, and a central plant. The area commonly referred to as the Great Lawn in Grape Day Park is not included as part of the Center Premises under this Agreement. The agreement gives the CCAEF the right to occupy, use, and operate the Center facilities and the CCAEF agrees to operate them in accordance with the agreement.
The Agreement provides for numerous rights and responsibilities in the operation and mainten ance of the Center facilities. The following list describes several of the more important of these rights and responsibilities:
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The CCAEF uses the Center for rental to outside groups that rent the facility for their own events, for the display of artistic exhibitions and for educational activities. The CCAEF uses the two theaters on the Center campus for presentation of performing arts (e.g. dance, music, theater) by outside groups and promotional entities that rent the Center and stage their own productions.
CCAEF may not use the Conference Center for its own programming or productions, other than for incidental internal administrative purpose s such as staff meetings, training and related activities that do not interfere with or detract from the primary purpose of the Conference Center. CCAEF has the exclusive right to rent and control events at the Center, distribute tickets, operate a ticket office, and charge admission for events at the museum and theaters. The CCAEF has the exclusive right to sell beverages, food, confections, clothing, novelt ies, and publications within the Center.
CCAEF assemble s, on behalf of the City , objects of art for display at the museum. The City recognizes that a permanent art collection may be held in trust by CCAEF. CCAEF may lease space at the Center to other enti ties sharing CCAEF’s vision or purpose. These leases are subject to the City’s prior approval and are between the City and the lessee. With 24-hours’ notice, the City may use facilities at the Center if those facilities are not already in use.
CCAEF may rent Center facilities for political activities or for campaigning for the nomination or election of any persons to any public office only if these rentals occur at standard publicly - available (i.e., non-preferred) rates.
The City may require the CCAEF to re tain, at the CCAEF’s expense, additional security for the Center campus. Presently, this additional security includes use of City Park Rangers funded by the CCAEF.
The CCAEF may request temporary use of portions of Grape Day Park, including the area commonly referred to as the Great Lawn, or other City -owned facilities adjacent to the Center Premises. This use is subject to prior written approval from the City, including issuance of any necessary Temporary Use Permits. Special uses must be coordina ted with the City to avoid conflicts with City sponsored events.
Although the City has the authority to approve of the schedule of events at the Center, the CCAEF retains control over leasing details (e.g. a rtist or group approval, performance schedule, an d artistic or promotional matters.
CCAEF provides to the City its completed financial statement, audited by an independent certified public accountant, who is approved by the City. The City may choose to select an independent certified public accountant to generate annual financial audits of the CCAEF. The City also has the right to approve the annual operating budget of the CCAEF.
The Agreement specifies the annual management fee that the City will make as compensation to the CCAEF for the services performed at the CCAE. The payment to CCAEF is made on a fiscal year basis. The Agreement calls for such payment in each subsequent fiscal year during the term of this Agreement to be 140
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adjusted as agreed to by the Parties during the budgeting process before th e start of a new fiscal year .
The management fee is contingent upon the availability of funds, as determined by the City in its sole and exclusive discretion, in the City’s annual budget and shall occur as part of the City’s normal budget process each fiscal year.
The Agreement does not specifically assign maintenance responsibilities to the CCAEF and to the City. In practice, the City as building owner has been responsible for maintenance of the permanent structures (excluding painting of interior walls), exterior building and landscape maintenance, HVAC and plumbing, elevators, fire alarms, permanent kitchen equipment (e.g. stoves, refrigerators, and ventilation hoods).
The CCAEF is responsible for light interior building maintenance and cleaning, janit orial and sanitary services, routine maintenance of the kitchen, security alarms, plumbing fixtures, and exterior cleaning.
Potential Adjustment to the FY2023 General Fund Operating Fund Budget The City Council may, at its discretion, chose to reduce or eliminate funding to the CCAEF for the management fee, costs of electric and gas utilities, and/or maintenance costs. The CCAEF may choose, based on the ultimate level of funding, to continue operating the Center at the level of funding provided by the City, or to cease as operator of the Center. If the CCAEF chose to cease operations of the Center, the City would have the option to seek a new operator.
The Fiscal Analysis section of this staff report described the level of financial support from the City to the CCAEF in the FY 2023 Operating Budget. If the City Council chooses to adjust this budget allocated to the CCAEF, it may do so by a simple-majority vote when considering this item.
ATTACHMENTS
a. Attachment “1” – 2014 Operation and Management Agreement for the California Center for the Arts
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KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP
8/24/2022
PROCLAMATION - (J. MURDOCK) - NATIONAL PREPAREDNESS MONTH - It is requested that the Mayor present a proclamation declaring September 2022 as National Preparedness Month
PRESENTATION - (M. MORASCO) - SDG&E PRESENTATION ON NET ZERO CARBON EMISSIONS CONSENT CALENDAR - (J. MURDOCK) - 2022 SAFE SAN DIEGO GRANT PROGRAM AWARD ACCEPTANCE AND BUDGET ADJUSTMENT CONSENT CALENDAR - (A. FIRESTINE) - AUTHORIZATION TO APPLY FOR A SAFE STREETS FOR ALL GRANT AND AMENDING THE LOCAL ROADWAY SAFETY PLAN CONSENT RESOLUTIONS AND ORDINANCES (COUNCIL/RRB) - (J. PROCOPIO) - REDUCTION AND RETENTION OF SPEED LIMITS, ESTABLISHMENT OF BUSINESS ACTIVITY DISTRICT FOR GRAND AVENUE - Adoption of Ordinance No. 2022-10R retaining the posted speed limits on seven (7) street segments; and adoption of Ordinance No. 2022-12 determining Grand Avenue from Centre City Parkway to South Juniper Street to be a Business Activity District and declare a prima facie speed limit of 25 MPH
CURRENT BUSINESS -(V. McCaw) - Reidy Creek Golf Course Management and Concession Agreements CURRENT BUSINESS - (J. PROCOPIO) ( D. Cramer) - Annual Traffic Safety Update Workshop PUBLIC HEARING (A. FINESTONE) - PL22-0363 - SENATE BILL 9 (“SB 9”) , IMPLEMENTING ORDINANCE NO. 2022-19
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