Escondido City Council
September 14, 2022

CITY of ESCONDIDO

Council Meeting Agenda
WEDNESDAY, SEPTEMBER 14, 2022

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, September 14, 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, September 14, 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 remar ks made by individuals during this time. If you wish to be recognized during this portion of the agenda, please notify the City Clerk in advance.

FLAG SALUTE
The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting.

CALL TO ORDER
Roll Call: 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) -

3 Wednesday, September 14, 2022

2. APPROVAL OF WARRANT REGISTER (COUNCIL) -
Request the City Council approve the City Council and Housing Successor Agency warrant numbers:
366075 – 366316 dated August 17, 2022
366317 – 366519 dated August 24, 2022
366520 – 366706 dated August 31, 2022
Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: Regular Meetings of August 17, 2022 and August 24, 2022

4. AWARD OF CONTRACT FOR CONSTRUCTION OF THE BEAR VALLEY PKWY AND MARY LANE TRAFFIC

SIGNAL MODIFICATION
Request the City Council approve to adopt Resolution No. 2022-126 awarding the construction contract to Lekos Electric, Inc., determined to be the lowest responsive and responsible bidder and authorizing the Mayor to execute, on behalf of the City, a Public Improvement Agreement in the amount of $327,073 for the Bear Valley Pkwy and Mary Lane Traffic Signal Modification Project (“Project”).

Staff Recommendation: Approval (Development Services: Andrew Firestine, Director of Development Services)
Presenter: Julie Procopio, City Engineer
a) Resolution No. 2022-126

5. AWARD CONSULTING SERVICES AGREEMENT TO KIMLEY -HORN & ASSOCIATES, INC. FOR THE

ENGINEERING DESIGN OF GRAND AVENUE VISION PHASE II PROJECT Request the City Council appro ve to adopt Resolution No. 2022 -122, authorizing the Mayor to execute, on behalf of the City, a consulting services agreement with Kimley -Horn and Associates, Inc. for engineering design of the Grand Avenue Vision Phase II Project in the amount of $362,500.

Staff Recommendation: Approval (Andrew Firestine, Development Services Director and Julie Procopio, City Engineer)
Presenter: Jonathan Schauble, Principal Engineer
a) Resolution No. 2022-122

4 Wednesday, September 14, 2022

6. CONSULTING AGREEMENT FOR THE TREATED WATER INTERCONNECT PROJECT Request the City Council approve to adopt Resolution No. 2022-120, authorizing the Mayor to execute, on behalf of the City, a Consulting Agreement with Kennedy/Jenks Consultants, Inc., in the amount of $212,282 for engineering services for the Treated Water Interconnect Project (“Project”).

Staff Recommendation: Approval (Utilities Department: Christopher W. McKinney, Deputy City Manager/Director of Utilities)
Presenter: Angela Morrow, Deputy Director of Utilities
a) Resolution No. 2022-120

7. FISCAL YEAR 2021 -2022 REGIONAL REALIGNMENT RESPONSE GRANT Request the City Council approve to adopt Resolution No. 2022 -128, authorizing the Chief of Police to accept a FISCAL YEAR 2021-22 Regional Realignment Response Grant in the amount of $80,000 from the State of California Board of Community Corrections; authorize the Chief of Police or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds. Funding was provided by Assembly Bill 118 and Senate Bill 89, initiatives to reduce state prison overcrowding and support local law enforcement efforts to efficiently manage offenders and paro le- violators. Escondido’s allocation is used to support regional and local enforcement operations. Funds must be used for police officer overtime and associated overhead.

Staff Recommendation: Approval (Escondido Police Department: David Cramer) Presenter: David Cramer, Interim Chief of Police
a) Resolution No. 2022-128

8. FISCAL YEAR 2021 STATE HOMELAND SECURITY GRANT PROGRAM AND BUDGET ADJUSTMENT Request the City Council approve to adopt Re solution No. 2022 -135, authorizing the Escondido Police Department to accept FISCAL YEAR 2021 State Homeland Security Grant funds in the amount of $114,919; authorize the Chief of Police or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds. The County of San Diego Office of Emergency Services has authorized the City of Escondido to spend its funds on equipment to support regional public safety projects. The Fire Department will receive $79,000 and the Police Department will receive $35,919 from this award.

Staff Recommendation: Approval (Police Department: David Cramer) Presenter: David Cramer, Interim Chief of Police; Rick Vogt, Fire Chief a) Resolution No. 2022-135
5 Wednesday, September 14, 2022

9. RESOLUTION OF INTENT TO VACATE A PORTION OF VALLEY BOULEVARD, GRAPE STREET, FIG STREET

AND ADJACENT ALLEY
Request the City Council approve Resolution No. 2022-125 to set October 12, 2022 as the date to conduct a hearing to consider authorizing the street vacation for portions of the public streets known as Valley Parkway, Grape Street, Fig Street and adjoining alley.

Staff Recommendation: Approval (City Manager's Department: Jennifer Schoeneck, Director of Economic Development)
Presenter: Vince McCaw, Real Property Manager
a) Resolution No. 2022-125

PUBLIC HEARINGS

10. AN AMENDMENT TO THE ESCONDIDO MUNICIPAL AND ZONING CODES TO CREATE OBJECTIVE DEVELOPMENT STANDARDS FOR THE IMPLEMENTATION OF SENATE BILL 9 (PLANNING CASE NO. PL22- 0363)
Request that the City Council consider the introduction and adoption of Ordina nce No. 2022 -19R, approving an amendment to the Escondido Municipal and Zoning Codes to create objective development standards for the local implementation of Senate Bill 9.

Staff Recommendation: Approval (Development Services: Andrew Firestine) Presenter: Sean Nicholas, Principal Planner
a) Ordinance No. 2022-19R (First Reading and Introduction)

CURRENT BUSINESS

11. APPOINTMENT TO THE SAN DIEGO COUNTY WATER AUTHORITY BOARD OF DIRECTORS Request the City Council appoint a representative to serve on the San Diego County Water Authority Board of Directors.

Staff Recommendation: Approval (City Clerk’s Office: Zack Beck) Presenter: Zack Beck, City Clerk

6 Wednesday, September 14, 2022

12. REIDY CREEK GOLF COURSE MANAGEMENT AND CONCESSION AGREEMENTS Request the City Council adopt Resolution No. 2022-124, authorizing the Mayor to execute a Golf Course Management Agreement and a Lease and Concession Agreement with Escondido Golf, LLC, Inc. for the management and operation of Reidy Creek Golf Course.

Staff Recommendation: Approval (Communications and Community Services: Joanna Axelrod, Deputy City Manager/Director of Communications and Community Services) Presenter: Vince McCaw, Real Property Manager
Escondido Golf, LLC representative: Tom Bugbee
a) Resolution No. 2022-124

FUTURE AGENDA

13. 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 curren t 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
7 Wednesday, September 14, 2022

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.

UPCOMING MEETING SCHEDULE
Wednesday, September 21, 2022 4:00 & 5:00 PM Regular Meeting, Council Chambers Wednesday, September 28, 2022 4:00 & 5:00 PM Regular Meeting, Council Chambers 8 Consent Item No. 1 September 14, 2022

A F F I D A V I T S

OF

I T E M

P O S T I N G –

CONTINUANCE: SENATE BILL 9
IMPLEMENTATION ORDINANCE –
PL22-0363
9 Item1.
10 Item1.

STAFF REPORT

September 14, 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:
366075 – 366316 dated August 17, 2022
366317 – 366519 dated August 24, 2022
366520 – 366706 dated August 31, 2022

Staff Recommendation: Approval (Finance Department: Christina Holmes)

FISCAL ANALYSIS
The total amount of the warrants for the following periods are as follows:

August 11 – August 17, 2022, is $6,893,104.66
August 18 – August 24, 2022, is $963,293.05
August 25 – August 31, 2022, is $695,084.10

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.

11 Item2.

August 17, 2022 Escondido City Council Minutes Page 1 of 5

REGULAR SESSION
5:00 PM Regular Session
August 17, 2022

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
William Fence III – Expressed concern regarding environmental issues.

CONSENT CALENDAR
Motion to approve all Consent Calendar items, except item 4: Morasco; Second: Inscoe; Approved: 5-0

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

12 Item3.

August 17, 2022 Escondido City Council Minutes Page 2 of 5

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. (File Number 0685-10)
Staff Recommendation: Approval and File (Development Services: Andrew Firestine, Director of Development Services)
Presenter: Allen Yun, Management Analyst II

Resolution No. 2022-65

Item pulled from the agenda by staff

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. (File Number 0600-10;A- 3423)
Staff Recommendation: Approval (Community Services: Joanna Axelrod, Deputy City Manager/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 $52,033; execute all documents necessary for the management and completion of the grant scope; and authorize the necessary budget adjustment needed to spend grant funds. (File Number 0480-70) Staff Recommendation: Approval (Department Name: David Cramer, Interim Chief of Police)

Presenter: David Cramer, Interim Chief of Police

13 Item3.

August 17, 2022 Escondido City Council Minutes Page 3 of 5

Resolution No. 2022-118

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 (“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”). (File Number 0600-10;A-3426) 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.)

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 Ci ty 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. (File Number 0600-10)
Staff Recommendation: Receive and file the Staff Report; provide direction regarding budget adjustment
Presenter: Christopher W. McKinney, Deputy City Manager/Director of Utilities Cynthia Weir – Expressed support for the CCAE.
14 Item3.

August 17, 2022 Escondido City Council Minutes Page 4 of 5

Jose Jaimes – Expressed support for the CCAE.

Kristin Moss – Expressed support for the CCAE.

Carl Skaja – Expressed support for the CCAE.

Victoria Tenbrink – Expressed support for the CCAE.

Martha Tucker – Expressed support for the CCAE.

Ryan Sattoff – Expressed support for the CCAE.

Marcell Vois Rossman – Expressed support for the CCAE.

Councilmember Garcia – Directed staff to require quarterly reports of activity at CCAE reported back to Council after a new Management Agreement has been finalized . Invest $500,000 in performing arts portion of CCAE, $100,000 in the Caliente portion of CCAE, investment money to lower costs for nonprofits that use CCAE.

Mayor McNamara – Direct there be more transparency in the monies that are spent in the next Management Agreement. Create a value statement for the Council and CCAE Board to sign.

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) Morasco – Service CFD’s

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
CITY MANAGER’S WEEKLY ACTIVITY REPORT
The most current information from the City Manager regarding Economic Development, Cap ital Improvement Projects, Public Safety, and Community Development. This report is also available on the City’s website, www.escondido.org.
15 Item3.

August 17, 2022 Escondido City Council Minutes Page 5 of 5

ORAL COMMUNICATIONS
None.

ADJOURNMENT
Mayor McNamara adjourned the meeting at 6:36 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

16 Item3.

August 24, 2022 Escondido City Council Minutes Page 1 of 5

REGULAR SESSION
5:00 PM Regular Session
August 24, 2022

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

PROCLAMATIONS
National Preparedness Month, September 2022

PRESENTATIONS
Pilot Agtech Incubator - 455 N Quince St.

ORAL COMMUNICATIONS
Jill Litschewski – Expressed support for the Ag-Tech Incubator Erik Bruvold – Expressed support for the Ag-Tech Incubator Neal Bloom – Expressed support for the Ag-Tech Incubator Carmen Romo – Expressed concern regarding the landscaping and trees in Escondido.

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. 17 Item3.

August 24, 2022 Escondido City Council Minutes Page 2 of 5

Motion: Morasco; Second: Inscoe; Approved: 5-0

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 365882 – 366074 dated August 10, 2022.

Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: Regular Meeting of August 10, 2022

4. AUTHORIZING GRANT APPLICATION TO THE DEPARTMENT OF TRANSPORTATION SAFE

STREETS FOR ALL PROGRAM AND APPROVING AN AMENDMENT TO THE LOCAL ROADWAY

SAFETY PLAN
Request the City Council adopt Resolution No. 2022 -116 authorizing an application to the Department of Transportation for the Safe Streets for All Program for traffic and approving an amendment to the Local Roadway Safety Plan to meet grant criteria. (File Number 0150-30) Staff Recommendation: Receive and File (Development Services: Andrew Firestine, Director of Development Services)
Presenter: Eddmond Alberto, City Traffic Engineer
a. Resolution 2022-116

5. 2022 SAFE SAN DIEGO GRANT PROGRAM AWARD ACCEPTANCE AND BUDGET ADJUSTMENT Request the City Council accept a SAFE San Diego Grant Award in the amount of $2,000 to purchase supplies for the Escondido Community Emergency Response Team (“CERT”). It is also requested that Council authorize the Fire Chief or his designee to execute, on behalf of the City, all documents required for the management of this grant and that Council authorize the necessary budget adjustment to establish a new project number to track these grant funds. (File Number 0480-70)
Staff Recommendation: Approval (Emergency Management: Jeff Murdock, Emergency Disaster Preparedness Manager)
Presenter: Jeff Murdock, Emergency Disaster Preparedness Manager

18 Item3.

August 24, 2022 Escondido City Council Minutes Page 3 of 5

6. SANDAG SMART GROWTH INCENTIVE PROGRAM GRANT AGREEMENT FOR THE 2022

GENERAL PLAN AMENDMENT ENVIRONMENTAL REVIEW
Request the City Council adopt Resolution No. 2022 -123 authorizing the Mayor to execute, on behalf of the City, the Smart Growth Inceptive Program Grant (“SGIP”) Agreement. (File Number 0480-70)
Staff Recommendation: Approval (Development Services: Andrew Firestine, Director of Development Services)
Presenter: Veronica Morones, Senior Planner
a. Resolution No. 2022-123

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.)

7. REQUEST THE CITY COUNCIL ADOPT ORDINANCE NO. 2022-10 RETAINING THE POSTED SPEED LIMITS ON SEVEN (7) STREET SEGMENTS; AND ADOPT 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. a. Ordinance No. 2022-10
b. Ordinance No. 2022-12

PUBLIC HEARINGS

8. AN AMENDMENT TO THE ESCONDIDO MUNICIPAL AND ZONING CODES TO CREATE OBJECTIVE DEVELOPMENT STANDARDS FOR THE IMPLEMENTATION OF SENATE BILL 9 (PLANNING CASE NO. PL22-0363)
Request that the City Council consider the introduction and adoption of Ordinance No. 2022-19, approving an amendment to the Escondido Municipal and Zoning Codes to create objective development standards for the local implementation of Senate Bill 9. (File Number 0810-20) Staff Recommendation: Approval (Development Services: Andrew Firestine, Director of Development Services)
Presenter: Sean Nicholas, Principal Planner
a. Ordinance No. 2022-19R (Introduction)
19 Item3.

August 24, 2022 Escondido City Council Minutes Page 4 of 5

Ardeshir Pabdari – Expressed support for this item.

Item moved to a future meeting.

CURRENT BUSINESS

9. BID AWARD FOR THE GRAPE DAY PARK MASTER PLAN AND AQUATIC CENTER DESIGN Request the City Council adopt Resolution No. 2022 -111, authorizing the Mayor, on behalf of the City, to execute a Consulting Agreement with LPA, Inc. in the amount of $1,040,400, for the completion of a Grape Day Park Master Plan and design of an Aquatic Center (“Project”) on Woodward Avenue. (File Number 0600-10;A-3424)
Staff Recommendation: Approval (Communications and Community Services: Joanna Axelrod) Presenter: Danielle Lopez, Assistant Director of Community Services a. Resolution No. 2022-111
Motion: Inscoe; Second: Morasco; Approved: 5-0

WORKSHOP

10. TRANSPORTATION SAFETY UPDATE
Request that the City Council receive a presentation and hold a workshop to discuss transportation safety. (File Number 1080-65)
Staff Recommendation: Receive and File (Development Services/ Engineering, Edd Alberto), (Police Department/ Interim Chief of Police, Dave Cramer) No Council Action Required.

FUTURE AGENDA

11. 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) Garcia – Participating with National League of Cities
20 Item3.

August 24, 2022 Escondido City Council Minutes Page 5 of 5

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
None.

ADJOURNMENT
Mayor McNamara adjourned the meeting at 7:07 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

21 Item3.

STAFF REPORT

September 14, 2022
File Number 0600-10; A-3427

SUBJECT

AWARD OF CONTRACT FOR CONSTRUCTION OF THE BEAR VALLEY PKWY AND MARY LANE TRAFFIC

SIGNAL MODIFICATION

DEPARTMENT
Development Services, Engineering

RECOMMENDATION
Request that the City Council adopt Resolution No. 2022 -126 awarding the construction contract to Lekos Electric, Inc., determined to be the lowest responsive and responsible bidder and authorizing the Mayor to execute, on behalf of the City, a Public Improvement Agreement in the amount of $ 327,073 for the Bear Valley Pkwy and Mary Lane Traffic Signal Modification Project (“Project”).

Staff Recommendation: Approval (Development Services: Julie Procopio, City Engineer) Presenter: Julie Procopio, City Engineer

FISCAL ANALYSIS
The adopted Capital Improvement Program budget programmed TransNet funding for this project in the Traffic Signals CIP project. Remaining funds, in the amount of $454,964, are adequate to cover anticipated costs of this project.

PREVIOUS ACTION
On April 21, 2021 , the City Council adopted Resolution 2021-36 approving the FY2020-21 Traffic Signal Priority List that includes a list of priority new signal and signal modification locations . This intersection was included as the highest priority traffic signal modification location.

BACKGROUND

The purpose of the Project is to provide protected left-turn phasing for the east-bound and west-bound left-turn movements at the intersection of Bear Valley Parkway and Mary Lane . Improvements include new traffic signal poles, signal indications, pedestrian push buttons, fiber optic cable for communication, striping, and signage to enhance the safety for vehicular and pedestrian traffic at this location.

22 Item4.

On August 30, 2022, three sealed bids were received in response to the advertised request for bids on this Project. The low bid was 8-percent higher than the engineer’s cost estimate of $303,600.

The bid results are listed below:

DBX, Inc. $492,559.00
Southwest Traffic Signal Service, Inc. $432,249.04
Lekos Electric, Inc. $327,073.00

It is recommended that the contract be awarded to Lekos Electric, Inc., determined to be the lowest responsive and responsible bidder. After award and execution of the contract, traffic signal equipment will be procured. It is estimated that the procurement period will require four to five months.

Installation is estimated to occur in Spring 2023.

RESOLUTIONS
a. Resolution No. 2022-126
b. Resolution No. 2022-126 Exhibit “A” Public Improvement Agreement

23 Item4.

RESOLUTION NO. 2022-126

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR,

ON BEHALF OF THE CITY , TO EXECUTE A PUBLIC

IMPROVEMENT AGREEMENT WITH LEKOS ELECTRIC,
INC., FOR THE BEAR VALLEY PKWY AND MARY LANE

TRAFFIC SIGNAL MODIFICATION PROJECT

WHEREAS, the adopted Capital Improvement Program includes funding for the Bear Valley Pkwy and Mary Lane Traffic Signal Modification (“Project”); and WHEREAS, a notice inviting bids for construction of said improvements was duly published in the Escondido Times-Advocate on August 11, 2022 and August 18, 2022; and WHEREAS, pursuant to said notice, three sealed bids for the Project were opened and evaluated on August 30, 2022; and
WHEREAS, Lekos Electric, Inc . was determined to be the lowest responsive and responsible bidder; and
WHEREAS, the City Council desires at this time and deems it to be in the best public interest to award this construction contract to Lekos Electric, Inc. in the amount of $327,073.

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, a Public Improvement Agreement with Lekos Electric, Inc., 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.
24 Item4.

CITY OF ESCONDIDO

PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is made and entered into as of this ____ day of _____________________, 2022 (“Effective Date”),
Bet
ween: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Virpi Kuukka-Ruotsalainen
760-839 4655
("CITY")
And: L
EKOS ELECTRIC, INC.
a California corporation
1370 Pioneer Way
El Cajon, CA 92020
Attn: J. Riley Lekos
619-447-7661
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of work relating to the Bear Valley and Mary Lane Traffic Signal Modification P roject (“Project”), occurring on property located at the intersection of Mary Lane and Bear Valley Parkway (“Property”), as further described herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. Project Documents. The Notice Inviting Sealed Bids/Notice to Contractors, Instructions to Bidders, Bid Form, Designation of Subcontractors, Workers' Compensation Certificate, Change Orders, Shop Drawing Transmittals, Information Required of CONTRACTOR, Non- collusion Affidavit, Insurance Certificates, Guarantees, General Conditions, Supplementary General Conditions, Special Conditions, Plans, Drawings, Specifications, the Agreement , and all modifications, addenda, and amendments thereto (“Project Documents”) are incorporated herein by this reference as if fully set forth herein. The Project Documents are complementary, and what is called for by any one shall be as binding as if called for by all.

Resolution No. 2022.126
Exhibit A

25 Item4.

2. Description and Performance of Work . CONTRAC TOR shall furnish all work described in the Project Documents (“Work”). All Work to be performed and materials to be furnished shall be completed in a good workmanlike manner, free from defects, in strict accordance with the plans, drawings, specifications, and requirements set forth in the Project Documents and all provisions of this Agreement.

3. Compensation. In exchange for CONTRACTOR’s completion of the Work, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed the sum of $327,073.00 (“Contract Price”). CONTRACTOR shall be compensated only for performance of the Work described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.

4. Term and Time of Performance. CONTRACTOR shall commence work within 15 days after it has been notified in writing of award of contract, shall commence construction immediately after the CITY's notice to proceed. CONTRACTOR shall diligently perform and complete the Work with professional quality and technical accuracy within 30 working days after the City’s Notice to Proceed (“Completion Date”). Extension of terms or time of performance shall be subject to the CITY’s sole discretion.

5. Time Is of the Essence. If the Work is not completed by the Completion Date, it is understood that the CITY will suffer damage. It being impractical and infeasible to determine the amount of actual damage, in accordance with Government Code section 53069.85, the Parties agree that CONTRACTOR shall pay to the CITY as fixed and liquidated damages, and not as a penalty, the sum of $500 per day for each calendar day of delay until the Work is completed and accepted (“Liquidated Damages Amount”). Th e Liquidated Damages Amount shall be deduct ed from any payments due to, or that become due to, CONTRACTOR. CONTRACTOR and CONTRACTOR'S surety shall be liable for the Liquidated Damages Amount.

6. Insurance Requirements.

a. CONTRACTOR shall procure and maintain, at its own cost, during the entire ter m of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work, and the results of such Work, by CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:

(1) Commercial General Liability . Insurance Services Office (“ISO”) Form CG 0001 11188 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury (including emotional distress), sickness, disease, or death of any person other than the CONTRACTOR's employees , and personal and advertising injury, and damages because of injury or destruction of tangible property, including loss of use resulting there from, with limits no less than $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage; or, if a general aggregate limit is applicable, either: (i) the general aggregate limit shall specifically apply to the project identified in the bid specifications or to the location of such project which is the subject of these bid specifications with coverage to be no less than $3,000,000, or (ii) the general aggregate shall be at least $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage.

(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non- owned autos (Code 9), including damages because of bodily injury, death of a person, or property damage arising out of the ownership, maintenance, or use of a motor vehicle, all mobile equipment, and vehicles Resolution No. 2022.126
Exhibit A

26 Item4.
moving under CONTRACTOR’s control and engaged in the Work, with limits no less than $3,000,000 combined single limit per accident for bodily injury and property damage.

(3) Workers’ Compensation. Workers' Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

(4) Builder’s Risk/“All Risk” Insurance. The CONTRACTOR, during the progress of the Work and until final acceptance of the Work by CITY, shall maintain Builder's Risk/"All Risk," course-of-construction insurance satisfactory to CITY issued on a completed value basis of all WORK pursuant to this Agreement. Coverage is to provide extended coverage and insurance against vandalism, theft, malicious mischief, perils of fire, sprinkler leakage, civil authority, sonic boom, earthquake, collapse, flood, wind, lightning, smoke, riot, debris removal (including demolition), and reasonable compensation for the Engineer's services and expenses required as a result of such insured loss upon the Work, including completed Work and Work in progress to the full insurable value thereof. Such insurance shall include the CITY and the City Engineer as an additional named insured and any other person with an insurable interest designated.

(5) If CONTRACTOR ma intains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR.

b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:

(1) Compliance with General Condition Requirements. Insurance coverage shall comply with and meet all requirements set forth in Article 5.2 of General Conditions

(2) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-:VII, or as approved by the CITY.

(3) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. Th e Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability additional insured endorsement shall be at least as broad as ISO Form CA 20 01.

(4) Primary Coverage. CONTRACTOR’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

(5) Notice of Ca ncellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY.

(6) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Resolution No. 2022.126
Exhibit A

27 Item4.

Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.

(7) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its agents, representatives, employees and subcontractors.

(8) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONTRACTOR shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.

(9) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.

c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to requi re complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time.

d. Special Risks or Circumstances. The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

e. No Limitation of Obligations. The insurance requirements within this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions within this Agreement concerning indemnification.

f. Compliance. Failure to comply with any of the insurance requirements in this Agreement , including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. Compliance by CONTRACTOR with the requirement to carry insurance and furnish certificates, policies, Additional Insured Endorsement and Declarations Page evidencing the same shall not relieve the CONTRACTOR from liability assumed under any provision of this Agreement, including, without limitation, the obligation to defend and indemnify the CTY and the City Engineer. In the event that CONTRACTOR fails to comply with any insurance requirement set forth in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop Work under this Resolution No. 2022.126
Exhibit A

28 Item4.

Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Indemnification, Duty to Defend, and Hold Harmless.

a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers 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, in law or 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 caused by, arising out of, or in connection with CONTRACTOR’s (including CONTRACTOR’s agents, employees, and subcontractors, if any) Work pursuant to this Agreement or its failure to comply with any of its obligations contained herein, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.

R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any Work performed pursuant to this Agreement.

c. All terms and provisions within this Section 7 shall survive the termination of this Agreement.

8. Bonds.

a. CONTRACTOR shall furnish and deliver to the CITY, simultaneously with the execution of this Agreement, the following surety bonds:

(1) Faithful Performance Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for faithful performance of this Agreement.

(2) Labor and Materials Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for payment to persons performing labor and furnishing materials in connection with the Project.

b. All bonds furnished to the CITY pursuant to this Agreement shall be in the form set forth herein and approved by the City Attorney.

c. All bonds shall be executed by sureties that are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.

d. If the surety on any bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, the CONTRACTOR shall, within seven days thereafter, substitute another bond and surety, which must be acceptable to the CITY. No portion of the Work shall be performed without bonds, in a form and issued by a surety acceptable to the City. If one or more of such b onds Resolution No. 2022.126
Exhibit A

29 Item4.
shall, at any time, not be in full force and effect, CONTRACTOR shall immediately cease performance of the Work until CONTRACTOR is in full compliance with the bonding requirements of this Agreement and California law. All delays and costs incurred or resulting from such occurrence shall be to the exclusive account of CONTRACTOR. Failure of the CONTRACTOR to promptly cure any failure to have the necessary bonds in full force and effect shall be grounds for immediate termination of this Agreement.

e. All bonds shall be obtained from surety companies that are duly licensed or authorized in the State of California. Such surety companies shall also meet any additional requirements and qualifications as may be provided in the Supplementary General Conditions.

9. Substitution of Securities . This Agreement is subject to California Public Contract Code section 22300, which permits the substitution of securities for any monies withheld by the C ITY to ensure performance of this Agreement . At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY , or with a state - or federally- chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR. Upon satisfactory completion and acceptance of the Work, such securities shall be returned to the CONTRACTOR.

10. Contractor Default. In the event CONTRACTOR, for a period of 10 calendar days after receipt of written demand from the CITY to do so (“Cure Period”), fails to furnish tools, equipment, or labor in the necessary quantity or quality required by this Agreement, or fails to prosecute the Work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within the Cure Period, fails to continue to do so, then the CITY in its sole discretion may exclude the CONTRACTOR from the Property, or any portion thereof, and take exclusive possession of the Property or any portion thereof, together with all material and equipment thereon, and may complete the Work or any portion of the Work, either by (i) furnishing the necessary tools, equipment, labor, or materials; or (ii) letting the unfinished portion of the work, or any portion thereof, to another contractor; or (iii) demanding the surety hire another contractor ; or (iv) any combination of such methods. The CITY’s procuring of the completion of the Work, or the portion of the Work taken over by the CITY, shall be a charge against the CONTRACTOR and may be deducted from any money due or to become due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of such charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment if CONTRACTOR fails to pay in full any such cost incurred by the CITY. The permissible charges for any such procurement of the completion of the Work include actual costs and fees incurred to third party individuals and entities (including but not limited to consultants, attorneys, inspectors, and designers) and actual costs incurred by the CITY for the increased dedication of time of the CITY’s employees to the Project.

11. Other Legal Requirements Incorporated. Each and every provision of law and clause required by law to be inserted in this Agreement or its attachments shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though such law or clause were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party, the Agreement shall forthwith be physically amended to make such insertion or correction, without further changes to the remainder of the Agreement.

12. Merger Clause. Th is Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONTRACTOR concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

Resolution No. 2022.126
Exhibit A

30 Item4.

13. Attorney’s Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

14. Independent Contractor. CONTRACTOR is an independent contractor, and no agency or employment relationship is created by the execution of this Agreement.

15. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONTRACTOR, and pursuant to action of the Escondido City Council.

16. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

17. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

18. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

19. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

20. Provisions Cumulative. The foregoing provisions are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the CITY.

21. Business License. CONTRACTOR shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

22. Compliance with Laws, Permits, and Licenses . CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. This shall include, but shall not be limited to, all California Labor Code laws regarding payment of prevailing wages and all OSHA regulations. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the work under this Agreement. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

23. Prevailing Wages and Department of Industrial Relations Compliance. Pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages, including but not limited to the keeping of certified payroll records, overtime pay, employment of apprentices, and workers' compensation coverage, as further set forth in the General Conditions.

CONTRACTOR shall file the required workers' compensation certificate before commencing work Resolution No. 2022.126
Exhibit A

31 Item4.
under this Agreement . This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

24. Immigration Reform and Control Act of 1986. CONTRACTOR shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONTRACTOR represents and warrants that all of its employees and the employees of any subcontractor retained by CONTRACTOR who perform any portion of the Work under this Agreement are and will be authorized to perform the Work in full compliance with the IRCA. CONTRACTOR affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Work . CONTRACTOR agrees to c omply with the IRCA before commencing any portion of the Work, and continuously throughout the performance of the Work and the term of this Agreement.

25. 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. (SIGNATURE PAGE FOLLOWS)
Resolution No. 2022.126
Exhibit A

32 Item4.

IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Paul McNamara
Mayor

LEIKOS ELECTRIC, INC.

Date: __________________ ___________________________________ Signature

___________________________________
J. Riley Lekos, Vice President

___________________________________
Contractor's License #588410

___________________________________
Tax ID/Social Security No.

APPROVED AS TO FORM:

O

FFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney

B
Y: __________________________

THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

Resolution No. 2022.126
Exhibit A

33 Item4.

STAFF REPORT

September 14, 2022
File Number 0600-10; A-3428

SUBJECT
AWARD CONSULTING SERVICES AGREEMENT TO KIMLEY -HORN & ASSOCIATES, INC. FOR THE

ENGINEERING DESIGN OF GRAND AVENUE VISION PHASE II PROJECT

DEPARTMENT
Development Services

RECOMMENDATION
Request that the City Council adopt Resolution No. 2022 -122, authorizing the Mayor to execute, on behalf of the City, a consulting services agreement with Kimley-Horn and Associates, Inc. for engineering design of the Grand Avenue Vision Phase II Project in the amount of $362,500.

Staff Recommendation: Approval (Andrew Firestine, Development Services Director and Julie Procopio, City Engineer)
Presenter: Jonathan Schauble, Principal Engineer

FISCAL ANALYSIS
The Grand Avenue Vision Phase II Project (“Project”) is funded through the American Rescue Plan Act of 2021. The Phase II Project budget is $5,000,000 as programmed in the current Capital Improvement Program. There are adequate funds in the Project account to fund the engineering design and estimated construction costs for the Project.

PREVIOUS ACTION
On February 14, 2018, the City Council approved the Grand Avenue Vision Plan that was developed through a public process that included multiple stakeholders, including downtown merchants, property owners, residents and technical professionals, and authorized grant applications.

On February 13, 2019, the City Council approved a SGIP grant agreement and related budget adjustment for the Grand Avenue Vision Phase I Project.

On August 21, 2019, the City Council approved a Consulting Services Agreement to complete environmental clearance for the Grand Avenue Vision Plan and engineering design of the Phase I Project.

On July 21, 2021, the City Council approved an environmental document (Mitigated Negative Declaration) for the Grand Avenue Vision Plan.
34 Item5.

On September 15, 2021, the City Council adopted Resolution No. 2021 -126, authorizing the award of a construction contract for Phase I of the Grand Avenue Vision Plan to the lowest responsive and responsible bidder, 3Sixty Innovation, Inc., in the amount of $994,776.50.

On September 29, 2021, the City Council adopted Resolution No. 2021 -146 accepting American Rescue Plan Act re covery funds and authorizing the funding of a number of programs and projects, including $5,000,000 for the Grand Avenue Vision Plan Phase II Project in order to permanently expand outdoor dining areas in the downtown area.

BACKGROUND
The Grand Avenue Vision Plan is a streetscape improvement plan for Escondido’s historic downtown aimed at improving walkability and creating a pedestrian -friendly environment between Juniper Street and Escondido Boulevard. The Vision Plan narrows Grand Avenue to one (1) lane in each direction, provides wider sidewalks for permanent outdoor dining space , increases parking opportunities via diagonal parking, and removes center medians. The Grand Vision P lan also includes the installation of three (3) traffic circles on Gra nd Avenue (Maple Street, Broadway, and Kalmia Street) to calm traffic on Grand Avenue in the downtown area.

Phase I of the Grand Vision Plan is substantially complete. Among the many improvements, the Project has widened the sidewalk and installed railing for outdoor dining on the north -side of Grand Avenue between Maple Street and Broadway, installed irrigation and landscaping, removed center medians, installed decorative lighting, provided diagonal parking, installed an ADA parking stall, and resurfaced the roadway. The City’s contractor is currently waiting for SDG&E to install the electric meter in order to power the festoon lighting, after which a lighting ceremony is planned.

Phase II of the Grand Vision Plan will support outdoor dining and walkability by widening the sidewalk on both sides of Grand Avenue from Maple Street to Juniper Street and installing railing to separate the permanent outdoor dining areas from the walkway. The Phase II Project will also install a traffic circle at the intersection of Grand Avenue and Broadway.

A request for engineering design proposals for Phase II of the Grand Vision Plan was posted on June 15, 2022. Four (4) proposals were received on July 14, 2022 . S taff from Economic Development and Engineering Services evaluated the proposals against criteria including the approach and project scope; team qualifications; experience from similar projects; and schedule . The proposal provided by Kimley- Horn and Associates, Inc. (Kimley-Horn) was ranked highest as providing the most experienced and best qualified consultant team. Kimley-Horn has extensive experience in the engineering design of street improvements and traffic circles. Previously, Kimley-Horn has completed SANDAG’s North Park Mid -City Bikeway Project which i ncluded thirty-two neighborhood traffic circles and eight (8) mini-roundabouts.

Kimley-Horn has also successfully worked with the City to develop the Grand Vision Plan which was 35 Item5.

approved by City Council in 2018 and Kimley-Horn performed the engineering design of the Phase I Project in 2021. The proposal provided by Kimley-Horn also represents excellent value for the City as it is $88,000 less than the estimated cost of services of $450,000.

The consultant team will design the Phase II improvements to be co nsistent with the Phase I improvements, the approved Grand Vision Plan and Specific Alignment Plan as shown at the webpage below.
https://www.escondido.org/Data/Sites/1/media/GrandAveVisionPlan/9.29.21SpecificAlignmentPlanfor GrandAvenue.pdf
As part of their scope of work, Kimley -Horn will work with the City to conduct up to three (3) public meetings with stakeholders, businesses, an d the community during the design process. Engineering design of the Grand Avenue Vision Phase II Project will begin immediately upon approval of this consulting agreement and be completed by mid-2023. The schedule and phasing of construction will be determined during the design phase based on the availability of materials and desired schedule after public outreach.

RESOLUTIONS

1. Resolution No. 2022-122

2. Resolution No. 2022-122 – Exhibit “A”

36 Item5.

RESOLUTION NO. 2022-122

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR TO

EXECUTE, ON BEHALF OF THE CITY, A CONSULTING

SERVICES AGREEMENT WITH KIMLEY-HORN &
ASSOCIATES, INC. FOR THE GRAND AVENUE VISION

PHASE II PROJECT

WHEREAS, the City Council has allocated fund ing in the adopted Capital Improvement Program Budget for the Grand Avenue Vision Phase II Project (“Project”); and WHEREAS, a request for engineering design proposals for the Project was posted on June 12, 2022, and four proposals were received on July 14, 2022.

WHEREAS, upon evaluation of all of the proposals received, Kimley-Horn and Associates, Inc. was selected as the most qualified consultant.

WHEREAS, the City Council desires at this time and deems it to be in the best public interest to approve a Consulting Services Agreement with Kimley-Horn and Associates, Inc. for engineering design of the Project.

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 Mayor is authorized to execute, on behalf of the City, a C onsulting Services Agreement with Kimley-Horn and Associates Inc. for engineering design of the Project in the amount of $362,500, which is attached and incorporated to this Resolution as Exhibit “ A” and subject to final approval as to form by the City Attorney.
37 Item5.

Resolution No. 2022-122
Exhibit A

Consulting Agreement (v2) - 1 - CAO: 9/17/2021

CITY OF ESCONDIDO

CONSULTING AGREEMENT

This Consulting Agreement (“Agreement”) is made and entered into as of this day of , 2022 (“Effective Date”),

Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Jonathan Schauble
(760) 839-4072
("CITY")

And:

KIMLEY-HORN AND ASSOCIATES, INC.
a North Carolina corporation
401 B St., Suite 600
San Diego, CA 92101
Attn: Mark Araujo
619-744-0177
("CONSULTANT").

(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)

WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to perform engineering design of the Grand Avenue Vision Phase II Project;
WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and
WHEREAS, the CITY and CONSULTANT desire to enter into this Agreement for the performance of the Services described herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. Description of Services. CONSULTANT shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).
38 Item5.

Resolution No. 2022-122
Exhibit A

Consulting Agreement (v2) - 2 - CAO: 9/17/2021

2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, and CONSULTANT shall accept in full, an amount not to exceed the sum of $362,500.

CONSULTANT shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONSULTANT contained in any subsequent amendments shall not exceed a cumulati ve total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council.

3. Performance. CONSULTANT shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement. CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONSULTANT pursuant to this Agreement, except that CONSULTANT shall not be responsible for the accuracy of information supplied by the CITY.

4. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed on Attachment “B” , attached to this Agreement and incorporated herein by this reference (“Personnel List”), to perform the Services.

CONSULTANT shall not add or remove persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

5. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONSULTANT with 10 days’ advance written notice. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONSULTANT, then CONSULTANT shall be com pensated based on the work satisfactorily performed at the time of such termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the Services.

6. City Property. All original documents, drawings, electronic media, and other materials prepared by CONSULTANT pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CONSULTANT for any other purpose without the CITY’s prior written consent.

7. Insurance Requirements.
a. CONSULTANT shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the res ults of such work, by CONSULTANT, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non- owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. 39 Item5.

Resolution No. 2022-122
Exhibit A

Consulting Agreement (v2) - 3 - CAO: 9/17/2021

(3) Workers’ Compensation. Worker’s Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissions). Professional Liability (Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.
(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage . CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
(4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be neces sary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its agents, representatives, employees, and subcontractors.
(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONSULTANT shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of 40 Item5.

Resolution No. 2022-122
Exhibit A

Consulting Agreement (v2) - 4 - CAO: 9/17/2021

other insurance coverage required by this Agreement. CONSULTANT’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONSULTANT pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances . The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates compliance with the insurance requirements in this Agreement.

8. Indemnification, Duty to Defend, and Hold Harmless.
a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers 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, in law or 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 caused by, arising out of, or in connection with CONSULTANT’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, and only to the extent such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. Further, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, empl oyees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9- 2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San 41 Item5.

Resolution No. 2022-122
Exhibit A

Consulting Agreement (v2) - 5 - CAO: 9/17/2021

Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. c. All terms and provisions within this Section 8 shall survive the termination of this Agreement.

9. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective. Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

11. Independent Contractor . CONSULTANT is an independent contractor, and no agency or employment relationship is created by the execution of this Agreement.

12. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONSULTANT.

13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONSULTANT concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

14. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

15. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

16. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

17. Counterparts. This Agreement may be executed on separate counterparts , each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as deli very of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

18. Provisions Cumulative. The foregoing provisions ar e cumulative to, in addition to, and not in limitation of any other rights or remedies available to the CITY. 42 Item5.

Resolution No. 2022-122
Exhibit A

Consulting Agreement (v2) - 6 - CAO: 9/17/2021

19. Notice. Any statements, communications, or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.

20. Business License. CONSULTANT shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

21. Compliance with Laws, Permits, and Licenses . CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. CONSULTANT shall obtain any and all permits, licenses, and other authorizations necessary to perform the Services.

Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

22. Prevailing Wages . If applicable, pursuant to California Labor Code section 1770 et seq., CONSULTANT agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prev ailing wages. The prevailing rate and scale to be paid shall be the same as the applicable “General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

23. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONSULTANT represents and warrants that all of its employees and the employees of any subcontractor retained by CONSULTANT who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONSULTANT affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. CONSULTANT agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

24. 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.

(SIGNATURE PAGE FOLLOWS)
43 Item5.

Resolution No. 2022-122
Exhibit A

Consulting Agreement (v2) - 7 - CAO: 9/17/2021

IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date:

Paul McNamara
Mayor

KIMLEY-HORN AND ASSOCIATES, INC.

Date:

Signature

Name & Title (please print)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY

BY:

THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES. 44 Item5.

Resolution No. 2022-122
Exhibit A

ATTACHMENT “A”
Scope of Work

A. General

Kimley-Horn and Associates, Inc., a North Carolina corporation (“Consultant”), will provide the City of Escondido, a California municipal corporation (“City”), with consulting engineering services related to the City’s Grand Avenue Vision Phase II Project (“Project”).

B. Location

The Consultant will provide services on Grand Avenue from Maple Street to Juniper Street with some striping modifications which may extend east to Ivy Street.

C. Services

Consultant shall provide the services as specified in the Proposal for Grand Avenue Vision Project – Phase II, dated August 26, 2022 and attached hereto, which services shall include the following:

1. Engineering Design Services
a. Project administration
b. Survey, base mapping and field verification
c. Preliminary engineering
d. Stakeholder engagement meetings (up to 3)
e. PS&E development through final construction bid documents

2. Construction Support Services
a. Archaeological monitoring
b. Bid support
c. Construction support; including RFI responses and submittal reviews d. As-Built engineering drawings

Services shall be performed only by those persons listed in the Personnel List attached hereto as Exhibit B.

D. Scheduling

Engineering is expected to begin in September 2022. Design is expected to be completed by May 1, 2023. Construction could begin in 2023. Consultant has provided a tentative design schedule as part of their proposal.

E. Contract Price and Payment Terms

The contract price of this Consulting Agreement shall not exceed $362,500. Consultant shall submit monthly invoices to the City. Invoices shall describe the work accomplished in the pay period and detail the hours worked by each staff person. The City shall pa y Consultant for invoiced services within 30 days of receipt of a complete and accurate invoice. Transportation costs and miscellaneous expenses shall not exceed the expenses line item in the proposal.

F. Term

The term of this Third Amendment shall be from the Effective Date of this Consulting Agreement through June 30, 2024.

Attachment A to Consulting Agreement - 1 - CAO: 9/17/2021 45 Item5.

Resolution No. 2022-122
Exhibit A

ATTACHMENT “B”
Personnel List

Pursuant to Section 4 of the Agreement, CONSULTANT shall only assign performance of Services to persons listed below.

Name Title Email Company
Mark Araujo Project Manager [email protected] Kimley-Horn Dennis Landaal Principal-in-charge [email protected] Kimley-Horn Kirk Ammerman Constructability [email protected] Kimley-Horn Megan Ulery QA/QC [email protected] Kimley-Horn Randall Kopff Landscape Architect [email protected] Kimley-Horn Sean Houck Roundabout Designer [email protected] Kimley-Horn Naomi Willis Roundabout Designer [email protected] Kimley-Horn Sam McWhorter Wet Utilities Lead [email protected] Kimley-Horn Renee Chuang Drainage Designer [email protected] Kimley-Horn Rich Lucera Drainage Lead [email protected] Kimley-Horn Matt Horton Public Outreach Lead [email protected] Kimley-Horn Jon Collins Traffic Lead [email protected] Kimley-Horn Joe Shultz Traffic Designer [email protected] Kimley-Horn Dalia Ansari Traffic Designer [email protected] Kimley-Horn Mike Colombo Electrical Lead [email protected] Kimley-Horn Jackson Modrak Electrical Designer [email protected] Kimley-Horn Melanie Duenas Analyst [email protected] Kimley-Horn Manny Guzman Analyst [email protected] Kimley-Horn Madeline David Analyst [email protected] Kimley-Horn Israa Khan Analyst [email protected] Kimley-Horn Jillian Arthur Analyst [email protected] Kimley-Horn Cliff Selbert Branding Identity Lead [email protected] Selbert Perkins Dominique Logan Branding Identity [email protected] Selbert Perkins Stacie Wilson Environ./Cultural Lead [email protected] HELIX Nick Loera Potholing [email protected] C-Below
Mickey Aguirre Survey [email protected] Aguirre & Assoc.

Mike Havener Survey Lead [email protected] Aguirre & Assoc.

CONSULTANT shall not add or remove persons from this Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

Acknowledged by:

Date: 8/26/2022
Mark Araujo, Project Manager

Attachment B to Consulting Agreement - 1 - CAO: 5/25/2021 46 Item5.

Resolution No. 2022-122
Exhibit A

kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411

August 26, 2022

Jonathan Schauble, PE
Principal Engineer
201 North Broadway
Escondido, CA 92025

Re: GRAND AVENUE VISION PROJECT – PHASE II

Dear Jonathan Schauble,

Kimley-Horn and Associates, Inc. (“Kimley- Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of Escondido (“City”) for providing Civil Design Plans, Specifications, and Estimate (“PS&E”) for the Grand Avenue Vision Project – Phase II.

PROJECT UNDERSTANDING
The City of Escondido accepted funding from the Ameri can Rescue Plan Act of 2021 with a portion of the funding being allocated to addressing negative economic impacts caused by Covid- 19 pandemic. $5M of the funding will be available to build upon the grant-funded Grand Avenue Vision Plan - Phase I improvements by providing permanent expansion of outdoor dining and sidewalk areas along Grand Avenue between Maple Street to Juniper Street. The goal of the Vision Plan is to build on the identity of Grand Avenue as a charming historic street by improving the comfort and experience of its patrons, circulation, parking, and visibility to local businesses. This phase of improvements will include the design of all three roundabouts at Maple Street, Broadway and Kalmia Street. Based on the available funding the roundabout at Broadway will be constructed as part of Phase II and the remaining roundabouts will be constructed as part of Phase III once funding becomes available. It is assumed that the sidewalk expansions design features will match the improvements in the Phase I. Additional amenities including a kiosk and gateway signs will be included as part of this phase.

AutoCAD 2022 will be utilized for all base files and deliverables within this scope. The files can be saved down to an earlier version (AutoCAD 2015), if requested by the Client.

Kimley-Horn will contract with the following sub consultants:

□ Aguirre & Associates, Inc – Topographic Survey
□ Selbert Perking Design – Branding Identity
□ Helix Environmental Planning, Inc. – Cultural Resources Monitoring □ C-Below – Dry Utility Potholing

SCOPE OF SERVICES
Kimley-Horn will provide the services specifically set forth below. 47 Item5.
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Resolution No. 2022-122
Exhibit A

TASK 1: PROJECT ADMINISTRATION, MEETINGS & COORDINATION

Task 1.1: Project Administration
Kimley-Horn will provide project management and coordination with subconsultan ts. We will review sub-consultant team contracts, deliverables and prevailing wage monitoring and compliance during the subconsultants prevailing wage activities for the project. Kimley -Horn will develop a project schedule at the start of the project and will review and update it monthly. Kimley-Horn will track and manage the scope of work versus the agreed upon schedule. We anticipate the total duration of this scope of work (Tasks 1-7) to be 8 months.

Deliverables
□ One electronic copy of the monthly invoices in accordance with contract requirements (PDF Format)
□ One electronic copy of the project schedule (PDF Format)

Assumptions
□ We estimate the total duration of this task and project to be 8 months.

Task 1.2: Project Meetings and Coordination
Kimley-Horn will coordinate with the City throughout the duration of activities identified in this scope of services. Coordination could include phone calls and/or site and office meetings to discuss specific project related items. Kimley -Horn estimates one 1) monthly in- person/virtual meeting with City Staff, a total of 8 meetings for the duration of the project. It is assumed that each meeting will be one (1) hour and require up to one (1) hour of preparation and will have up to two (2) Kimley- Horn team members in attendance.

Kimley-Horn will maintain an action item matrix that will be used to track action items, responsible parties identified throughout the duration of the project. The action item matrix will be presented at each bi -weekly meeting. The action item matrix will be kept up to date and will be provided to the City upon request.

Deliverables
□ One electronic copy of the meeting minutes (PDF Format) □ One electronic copy of the action item matrix (PDF Format)

Task 1.3: Project Initiation and Kick-Off
Kimley-Horn will facilitate a project kick -off meeting at the City of Escondido to discuss project schedule, design objectives, budget and deliverables. The City shall provide direction on key design preferences, site constraints and any issues prior to starting t he design process.

Kimley-Horn will present the project schedule as detailed in the scope. The outlined process will be organized and mapped to show the relationship between tasks to allow effective and timely planning of tasks, designate key project milestones and deli verable dates for each phase.

The project lines of communication will be established between the Kimley- Horn and the City of Escondido.

The level of involvement and roles for each task and phase will also be identified.

Deliverables
□ One electronic cop y of the project schedule (PDF Format) 48 Item5.
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Resolution No. 2022-122
Exhibit A

TASK 2: SURVEY, UTILITY BASE MAPPING AND FIELD VERIFICATION Task 2.1: Topographic Survey
The field survey will include roadway sections every 25- ft from top of curb to top of curb, intersection survey, curb returns, top of curb, flowline, gutter lip, grade breaks, pedestrian ramps, concrete pads, limits of asphalt concrete and other changes in material. At the location where the sidewalk will be extended, additional focused survey will be captured including survey of existing building edges concrete band, building corners, street lights, trees, tree grates, railing, posts, site furni ture, existing wet and dry utilities, all above ground appurtenances (valves, meters, hose bibs, manholes, cleanouts, handholes, risers, pull boxes, vaults, transformers, etc.) within the limits of work (outlined in the project understanding). Field work will include dipping up to three (3) gravity structures (storm drains).

Deliverables
□ Topographic Survey File (AutoCAD 2022).

Assumptions
□ Topographic Survey support beyond the scope described herein will be considered an additional service.
□ Record of Survey to document pre-construction survey monuments is not included as part of this scope.

Task 2.2: Utility Base Mapping
The Kimley-Horn team will obtain readily available wet and dry as -builts and utility facility maps from the City and utility providers operating within the project area to update existing utility base map used for the Phase I design. Kimley- Horn will send utility request letters and create a matrix to file existing dry utility information throughout the project site. Known utility types, sizes, and materials will be added to the utility base map in an AutoCAD file for distribution to the design team. Utility infrastructure research will be limited to the project limits described in the project understanding

Deliverables
□ Utility Base Map (AutoCAD 2018).
□ Facility Maps obtained from Utility Providers available upon request. □ Utility notification letters (and responses) available upon request.

Assumptions
□ City to provide as -builts records.
□ Utility request letters will be on City letter head. □ Utility companies may take up to two (2) months to respond to As-Built request letters. □ Profiles of existing pipes are excluded from the dry utility base mapping effort. AutoCAD drawings shall depict plan information only.
□ It is possible that existing utilities that have been abandoned may not be properly indicate in As - Built information. There are instances that fiber optics lines or abandoned storm lines are discovered during construction. The team will map pertinent inf rastructure on records files obtained. 49 Item5.
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Resolution No. 2022-122
Exhibit A

Task 2.3: Field Verification
Two Kimley- Horn staff will field check the base map and utility locations based on field conditions. Field notes and pictures will be taken to supplement design and document discrepancies. Discrepancies will be addressed.

Deliverables
□ Site photos and field notes available upon request.

TASK 3: 30% PRELIMINARY ENGINEERING

Task 3.1: Concept Refinement
Kimley-Horn will revise the preliminary concept drawing previously developed as part of the Phase I project based upon the description in the RFP and input from City staff at the project initiation meeting.

Kimley-Horn will research and provide temporary alternatives for the roundabouts at Maple Street and Kalmia Street for the City to review (up to two alternatives). Striping revisions east of Grand Avenue between Juniper Street and Ivy Street will included as part of this effort. Kimley -Horn assumes that sidewalk widening will match the Grand Avenue Phase I and that the design will be based on previously established design parameters vetted as part of the Grand Avenue Visioning process. Variations of sidewalk widening maybe considered based on existing business needs identified in recent surveys performed by the City. These variations will be captured in the concept refinement phase. Kimley-Horn assumes up to (up to two alternatives).

Task 3.2: 30% Preliminary Engineering Drawings
Once the concept has been approved by the City, Kimley -Horn will prepare 30% preliminary engineering drawings and design check calculations to obtain geometric approval of the refined concept developed under Task 3.1. Preliminary engineering plans ar e assumed to extend to the point where the improvements conform with existing street infrastructure.

Preliminary engineering drawings will be prepared to identify the horizontal design limits of critical geometric elements such as curb geometry, lane widths, channelization, lane transitions, pavement markings, sightlines, and conform conditions to the existing street infrastructure.

Design checks specific to vehicles navigating roundabout intersections will be calculated and documented in a techn ical memorandum. Roundabout curb geometry and lane markings will be adjusted to achieve target design values for estimated speeds, design vehicles, and sight lines. If site conditions or other constraints require a deviation from guidance described in NCHRP Report 672, the deviation will be identified in the technical memorandum along with a description why the deviation is being requested.

The following design checks will be evaluated for vehicles:
□ Fastest path estimation for R1 through R5
□ Swept path and tire tracking for design vehicles (Assume up to two design vehicles) □ Intersection angle of visibility
□ Intersection Sight Distance (Assume tc=5.0 seconds)
□ Stopping Sight Distance
50 Item5.
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Resolution No. 2022-122
Exhibit A

The design checks and roundabout operations will be summarized and documented in a Roundabout Performance Memorandum that will be submitted to the City with the 30% Preliminary Engineering Drawings.

Task 3.3: Project Kiosk and Gateway Sign Concept Development The Kimley-Horn team will provide up to three (3) kiosks and gateway sign types for the City's input and selection. The following tasks will be performed as part of this task.

□ Develop conceptual approaches to the digital kiosk and gateway. Design approaches will include visual approach, dimensions, font sizes and styles, symbols, colors, and preliminary materials for both sign types.
□ Present a preliminary conceptual design for a ll elements for the City's selection. □ Develop concept design package to illustrate the recommended type face, color, the use of the appropriate identity elements, message layout template and the general overall appearance of the digital kiosk and gateway.
□ Present programming information alternatives for City review and approval.

Task 3.4: 30% Opinion of Probable Construction Cost
Kimley-Horn shall prepare an OPCC for the preferred 30% design. The OPCC will be presented to show the proposed bid items, unit prices, contingencies, and an overall cost.

Task 3.5: Potholing
The Kimley-Horn team will perform pothole investigations for utilities determined to be in potential conflict with the proposed improvements, up to 5 potholes. A Pothole Data Report identi fying the location, depth, material and size of utilities in question will be developed and used for design considerations.

Deliverables
□ One electronic copy of the final Concept Plan (PDF Format). □ One electronic copy of the Preliminary Engineering Drawings (PDF Format). □ One electronic copy of Roundabout Performance Memorandum (PDF Format) □ One electronic copy of the 30% OPCC.
□ One electronic copy of the Kiosk and Gateway Sign Conceptual Design (PDF Format). □ One electronic copy of the Pothole Report (PDF Format)

TASK 4: STAKEHOLDER COORDINATION

Task 4.1: Public Outreach and Coordination
Kimley-Horn will facilitate up to three (3) stakeholder meetings with the community and merchant/stakeholder working gro ups. It is anticipated that parking, fences, schedule, construction operations and construction phasing will be covered as part of these meetings, including other topics as necessary.

It is assumed that each meeting will be one (1) hour and require up to two (2) hours of preparation and will have up to two (2) Kimley- Horn team members in attendance.

Deliverables
□ Electronic copy of the meeting minutes (PDF Format). 51 Item5.
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Resolution No. 2022-122
Exhibit A

Photo documentation of current site conditions and project milestone (such as workshops, community meetings, presentation to community groups).

Assumptions
□ City to secure meeting location.
□ City to coordinate advertising and invites for the community meetings. □ City responsible for posting information on the City website, if desired.

Task 5: 60% PLANS, SPECIFICATIONS AND OPINION OF PROBABLE

CONSTRUCTION COST (PS&E)

Task 5.1: 60% Plans
Kimley-Horn will prepare 60% plans based on the approval of Task 3 for City’s review and comment.

The design will be based on the following standards: City of Escondido Design Standards, San Diego Regional Standards, San Diego County Design Standards, Calt rans Highway Design Manual and the 2014 California Manual on Uniform Traffic Control Devices (CA-MUTCD). Kimley-Horn’s design will consist of the following sheets:

Sheet Description No. of
Sheets Scale
1 Title Sheet 1 NTS
2 Legend, Abbreviations and General Notes Sheets 2 NTS
3 Demolition Plans 2 1’ = 20’
4 Sidewalk Improvement Plans 3 1’ = 20’
5 Roundabout Improvement Plans 3 1’ = 10’
6 Sidewalk Horizontal & Vertical Control Plans 6 1’ = 10’ 7 Roundabout Horizontal & Vertical Control Plans 9 1’ = 10’ 9 Drainage & BMP Plans 2 1’ = 20’
10 Construction Details 2 NTS
11 Urban Design & Landscape Plans and Details 5 1’ = 20’ 12 Irrigation Plans and Details 6 1’ = 20’
13 Sign, Pavement Marking & Plans, Notes and Details 3 1’ = 20’ 14 *Kiosk & Gateway Sign Plans and Details
15 Electrical Plans and Details 5 1’ = 20’
Total Sheets 49
*Not included in total sheet count.

Assumptions
□ Geotechnical Investigation for infiltration testing and pavement design was performed as part of Phase I and recommendations provided will be used for this phase of work. □ Drainage Analysis was previously completed to factor in all phases of the Grand Avenue Vision and therefore a Draina ge Report will not be necessary. Should revisions be deemed necessary, this effort will be considered an additional service.

Task 5.2: Standard Special Provision/Specifications
52 Item5.
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Resolution No. 2022-122
Exhibit A

Kimley-Horn shall prepare standard special provisions/specifications outline for the 60% submittal. The special provisions shall refer to the 2021 standard specifications for Public Works Construction (Greenbook) and amended by the C ity’s Standard General Conditions and General Provisions, as necessary. Additional source documents may be used by Kimley -Horn to cover urban design and landscape, irrigation, and other project features not covered by the City Standard General Conditions and General Provisions or Greenbook.

Task 5.3: Opinion of Probable Construction Cost (OPCC)
Kimley-Horn shall prepare an OPCC for the Partial 60% submittal that will include cost identified in Task 3 (30% Preliminary Engineering). The OPCC will be presented to show the proposed bid items, unit prices, contingencies, and an overall cost.

Task 5.4: Quality Control/Assurances
Kimley-Horn will perform an on- going quality assurance/quality control (QA/QC) review of documents prepared under this task.

Deliverables
□ One electronic copy of the 60% Plans (PDF Format). □ One electronic copy of the OPCC (PDF Format)
□ One electronic copy of the 60% Comment Resolution Form (PDF Format)

Assumptions
□ City will provide one (1) set of consolidated review comments. □ Adequate water pressure will be available for the specified performance of the irrigation system. □ Pressure readings and/or pump station design is not considered a part of this scope of work.

Task 6: 90% PLANS, SPECIFICATIONS AND OPINION OF PROBABLE

CONSTRUCTION COST (PS&E)

Task 6.1: 90% Plans
After the City has concluded their review of the 60% PS&E Submittal, Kimley-Horn will provide written responses to the City’s single set of consolidated, non-conflicting comments. Kimley -Horn will attend one meeting with the City to review comments and resolve any outstanding issues. Kimley -Horn will prepare a 90% PS&E package based on the final horizontal layout developed in Task 3.1.

Task 6.2: Standard Special Provision/Specifications
Kimley-Horn shall prepare standard special provisions/specifications for the 60% submittal. The special provisions shall refer to the 2021 standard specifications for Public Works Construction (Greenbook) and amended by the City’s Standard General Conditions and General Provisions, as necessary.

Additional source documents may be used by Kimley -Horn to cover urban design and landscape, irrigation, and other project features not covered by the City Standard General Conditions and General Provisions or Greenbook.

Task 6.3: Opinion of Probable Construction Cost (OPCC)
Kimley-Horn will revise the projects OPCC based on the City’s comments and revisions made to the plans.
53 Item5.
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Resolution No. 2022-122
Exhibit A

Task 6.4: Quality Control/ Assurances
Kimley-Horn will perform an on- going quality assurance/quality control (QA/QC) review of documents prepared under this task.

Task 6.5: Comment Resolution Meeting
After the City has concluded their review of the 90% PS&E package, Kimley- Horn will attend one meeting with the City to review comments and resolve remaining issues. Kimley- Horn will provide written responses to the consolidated set of comments one day prior to the comment resolution meeting.

Deliverables
□ One electronic copy of the 90% P lans (PDF Format). □ Seven (7) hard copies of the 90% Plans.
□ One electronic copy of the OPCC (PDF Format).
□ Three (3) hard copies of the OPCC.
□ One electronic copy of the Standard Special Provisions/Specifications (PDF Format). □ Three (3) hard copies of the Standard Special Provisions/Specifications. □ One electronic copy of the 90% Comment Resolution (PDF Format).

Assumptions
□ City will provide one (1) set of consolidated review comments.

TASK 7: 100% PLANS, TECHNICAL SPECIFICATIONS AND ENGINEER'S

OPINION OF PROBABLE CONSTRUCTION COST (PS&E)

Task 7.1: 100% Plans
Kimley-Horn will finalize the 100% plan sheets based on direction agreed upon during 90% comment resolution meeting.

Task 7.2: Standard Special Provision/Specifications
Kimley-Horn will finalize the 100% standard special provisions/specification based on direction agreed upon during 90% comment resolution meeting.

Task 7.3: Opinion of Probable Construction Cost
Kimley-Horn will finalize the 100% OPCC based on direction agreed upon during 90% comment resolution meeting.

Task 7.4: Quality Control/ Assurances
Kimley-Horn will perform an on- going quality assurance/quality control (QA/QC) review of documents prepared under this task.

Task 7.5: Project Preparation and Final Mylar Submittal Kimley-Horn will prepare the final PS&E revisions and printing of mylars for final submittal. This effort includes separating the roundabout improvements at Maple Street and Kalmia Street into a separate set from the rest of the improvements as identified in the RFP. 54 Item5.
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Resolution No. 2022-122
Exhibit A

Deliverables
□ One Mylar copy of full -size plans (24”x36”) (PH II Improvements including Broadway). □ One electronic copy of the 100% Plans (Maple Street and Kalmia Street) (PDF Format). □ One electronic copy of the 100% OPCC (PH II Improvements including Broadway) (PDF Format).
□ One electronic copy Technical Specifications (Word Document). □ 100% Comment Resolution (PDF Format).
□ AutoCAD Design Files (2022).

TASK 8: BID AND CONSTRUCTION PHASE SUPPORT SERVICES
Task 8.1: Bid and Construction Support
The duration of the bidding and construction phase is assumed to be 12 months. Kimley -Horn will provide assistance to the City with the bidding documents, bidding and construction phase of the project to respond to Requests for Clarification and questions from bidders; prepare contents for addenda to be issued by the City, respond to engineering-related technical questions, prepare revisions to design plans and technical specifications limited to the improvements described above. This task includes review of civil-related material submittals, responding to Requests for Information (“RFI”), meetings and coordination with the City and the Contractor.

Assumptions
□ Services do not include revising the City approved mylars. □ Task assumes up to 62 hours of effort only. Support services beyond the scope and 62 hours of effort described herein will be considered an additional service.

Task 8.2: Cultural Resources Monitoring
The City adopted a Final Mitigated Negative Declaration (MND) and a Mitigation Monitoring and Reporting Program (MMRP) in compliance with the California Environmental Quality Act (CEQA) for the project in 2021 that addressed full implementation of the proj ect (Phase I and Phase II). As such, it is assumed that preparation of subsequent CEQA documentation for the project will not be required. As the project advances through preliminary design, the Kimley- Horn team will review and evaluate the proj ect to

1. Confirm that the conclusions and mitigation measures, as identified in the adopted CEQA documentation, remain applicable.

2. Determine whether the potential exists for the project, at final design, to result in any new significant environmental effects or substantially increase the severity of previously identified significant effects. The Kimley -Horn team will prepare a brief m emorandum summarizing the results of this review.

The Kimley-Horn team will provide a cultural resources monitoring program for the project based on the mitigation measures (MM) in the project’s adopted mitigation monitoring and reporting program (MMR P) dated July 2021. Specifically, we will:

1. Prepare a letter of verification from the project archaeologist that confirms the selected Native American monitor(s) are associated with a Traditionally Culturally Affiliated (TCA) Tribe (MM- CUL-2).
55 Item5.
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Resolution No. 2022-122
Exhibit A

2. Provide a qualified archaeologist from HELIX to attend at a pre-grading meeting to explain and coordinate the requirements of the monitoring program with the Native American monitor(s) and General Contractor and any of their on-site subcontractors (MM-CUL-3).

3. Provide a qualified archaeologist to be on site full time during the initial grubbing, site grading, excavation or disturbance of the ground surface (MM -CUL-4). While Native American monitors will be retained directly by the City, we will coordinate the daily project requirements with the Native American monitor(s).

In the event that previously unidentified archaeological or tribal cultural resources are discovered, the qualified archaeologist shall have the authority to temporarily divert or temporarily halt ground disturbance operation within 100 feet of the discovery to allow for the eva luation of potentially significant cultural resources (MM-CUL-5). Any such evaluation shall be carried out in consultation with the City, TCA tribes, and Native American monitor(s). Isolates and clearly non -significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed. Following completion of field monitoring and assuming site evaluation and data recovery are not required, the Kimley- Horn team will prepare a monitoring report for submittal to the City (MM-CUL-10).

The scope assumes eight (8) days of full -time monitoring by an archaeologist. Nine -hour days are assumed for the archaeological monitor to account for drive time and the preparation of daily notes. Cultural resources monitoring is not expected to occur for excavations within the upper portion of the Project that has been disturbed by modern fill (approximately 1‐2 feet in depth) and will not be required in cuts into formational material, below cultural layers. While Native American monitors w ill be retained directly by the City, HELIX will coordinate the daily project requirements with the Native American monitor(s).

In the event that previously unidentified archaeological or tribal cultural resources are discovered, the qualified archaeologist shall have the authority to temporarily divert or temporarily halt ground disturbance operation within 100 feet of the discovery to allow for the evaluation of potentially significant cultural resources (MM‐CUL‐5). Any such evaluation shall be carried out in consultation with the City, TCA tribes, and Native American monitor(s). Isolates and clearly non‐ significant deposits sh all be minimally documented in the field and collected so the monitored grading can proceed. Following completion of field monitoring and assuming site evaluation and data recovery are not required, the Kimley -Horn team will prepare a monitoring report for submittal to the City (MM‐CUL‐10).

Per MM‐CUL‐1, “Prior to the issuance of a grading permit, the Applicant shall enter into a Tribal Cultural Resource Treatment and Monitoring Agreement (also known as a Pre‐Excavation Agreement) with a tribe that is traditionally and culturally affiliated with the Project Location (“TCA Tribe”).” The Pre‐ Excavation Agreement will be negotiated and exec uted directly between the TCA Tribes and City.

Preparation or support related to the Pre‐Excavation Agreement is not included in this scope of services.

Deliverables
□ One electronic copy of a memorandum summarizing the results of review of CEQA compliance. □ One electronic copy of the Cultural Resources Monitoring Report. 56 Item5.
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Resolution No. 2022-122
Exhibit A

Assumptions
Costs associated with meetings, focused species surveys, permit preparation and processing, California Environmental Quality Act processing, and/or technical studies and reports (“additional work”) are not included within the scope of services.

The following assumptions and limitations are a material component of this agreement. □ If unanticipated potentially significant cultural material is encountered, it will need to be documented and collected. Additional excavation or other research may be required per MMs- CUL-5, -6 and -7, which may result in additional costs, requiring a contract augment. The scope and cost of additional work would depend on the nature and extent of cultural material encountered. We will notify you promptly if cultural material is encountered. □ This scope assumes that any Native American cultural material recovered will be turned over to the TCA tribes; thus, no curation will be required for this material. If cataloging of such collections is necessary, it will be performed in coordination wi th the TCA tribes, per MM - CUL-9. If significant historic archaeological material is collected, it will be curated at the San Diego Archaeological Center at additional cost to the Client; the Client will be promptly notified of these costs.

TASK 9: OPTIONAL TASKS
Task 9.1: Boundary Mapping and Supplemental Survey
The Kimley -Horn team will perform supplemental topographic survey, perform reconnaissance for monuments and prepare R/W base mapping as requested and up to the limit of effort identified in th e fee proposal.

Deliverables
□ One electronic copy the Pothole Report.
□ Supplemental topographic survey and boundary mapping (AutoCAD 2022)

Assumptions
□ After completion of our potholing, the potholes will be surface patched using hot-patch asphalt. □ Traffic control permit fees will be waived.

INFORMATION PROVIDED BY THE CITY
Kimley-Horn shall be entitled to rely on the completeness and accuracy of information provided by the City.

The City will provide information requested by Kimley -Horn during the project. Information provided by the client will be as follows:

□ City will provide Standard General Conditions and General Provisions (Word Document). □ The City will provide all as -built reference construction documents for existing improvements, (wet and dry utilities).
57 Item5.
kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Resolution No. 2022-122
Exhibit A

ADDITIONAL SERVICES
Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following:

□ Bid services and DSD C beyond the effort identified □ Grant support
□ SWPPP
□ Water Pollution Control Plans
□ GIS Services
□ Color exhibits and/or rendered Landscape and Hardscape plans, perspectives, and/or elevations □ Construction Phasing Plans
□ Franchise utility studies and/or design
□ Construction Staking
□ Replacement of existing monuments (disturbed during construction) □ Title report research
□ Coordination with property owners
□ Pressure readings and/or pump station design
□ Attendance at Public Hearings and/or preparation of graphics beyond the scope

SCHEDULE
Kimley-Horn will complete the services contained in Tasks 1 – 7 within 8 months from notice to proceed.

Task 8 will be performed once the project is out to bid.

FEE AND EXPENSES
Kimley-Horn and Subconsultant Fees for the scope of services outlined in Tasks 1 – 9 will be performed on a time and material not to exceed basis of $265,560 and $94,436, respectively. For a Grand Total of $362,500.00 (see Exhibit A).

Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date.

Payment will be due within 30 days of the date of the invoice.

We appreciate the opportunity to provide these services to you. Please contact me if yo u have any questions at (619) 744-0177 or mark.araujo@kimley -horn.com.

Very truly yours,

KIMLEY-HORN

_
Mark Araujo, PE Dennis Landaal, PE
Project Manager Senior Vice President
58 Item5.

Resolution No. 2022-122
Exhibit A

EXHIBIT A
Estimate of Cost for Proposed Design Services
City of Escondido
Grand Avenue Vision Project - Phase II
August 2022

Tasks
Rates and Hours
P8 P7/P6 P5 P4/P3 P2/P0

Senior Tech.

Advisor
Senior
Professional II
Senior
Professional I

Analyst II

Analyst I

Analyst Support
Staff
Total
Hours
Kimley- Horn
Cost
Sub Consultant
Cost

Sub Consultant

Total Cost
Description $295.00 $295.00 $240.00 $165.00 $150.00 $135.00 $145.00 Task 1 - Project Administration, Meetings & Coordination 0 2 38 0 31 0 12 83 $16,100.00 $16,100.00

1.1 - Project Administration 20 5 12 37 $7,290.00 $7,290.00

1.2 - Project Meetings and Coordination 2 16 24 42 $8,030.00 $8,030.00

1.3 - Project Initiation and Kick -off 2 2 4 $780.00 $780.00

Task 2 - Survey, Utility Base Mapping and Field Verification 0 0 3 0 17 0 24 $3,850.00 $28,386.00 $32,236.00

2.1 - Topographic Survey 4 4 $600.00 $28,386.00 Aguirre $28,986.00

2.2 - Utility Base Mapping 1 10 4 15 $2,320.00 $2,320.00

2.3 - Field Verification 2 3 5 $930.00 $930.00

Task 3 - 30% Preliminary Engineering 25 0 92 0 85 10 212 $43,555.00 $23,000.00 $66,555.00

3.1 - Concept Refinement 1" = 20' Scale 10 15 25 50 $10,300.00 $10,300.00

3.2 - 30% Preliminary Engineering Drawings 15 60 40 10 125 $26,175.00 $26,175.00

3.3 - Project Kiosk and Gateway Sign Concept Development 10 10 $2,400.00 $13,000.00 SPD $15,400.00

3.4 - 30% Opinion of Probable Construction Cost 5 15 20 $3,450.00 $3,450.00

3.5 - Potholing 2 5 7 $1,230.00 $10,000.00 C-Below $11,230.00

Task 4 - Stakeholder Engagement Meetings 0 5 16 0 10 0 5 36 $7,540.00 $5,000.00 $12,540.00 Stakeholder Engagement Meetings (up to 3) 5 16 10 5 36 $7,540.00 $5,000.00 SPD $12,540.00

Task 5 - 60% Plans, Specifications and Opinion of Probable Construction Cost 5 7 62 10 174 241 2 501 $78,995.00 $15,000.00 $93,995.00

5.1 - 60% Plans 5 2 48 10 160 241 0 466 $71,770.00 $15,000.00 $86,770.00 Title Sheet (1 Sheet) 1 1 $135.00 $135.00
Legend, Abbreviations and General Notes Sheets (2 Sheets) 5 5 $675.00 $675.00 Demolition Plans 1" = 20' Scale (2 Sheets) 1 5 20 26 $3,690.00 $3,690.00 Sidewalk Improvement Plans 1" = 20' Scale (3 Sheets) 2 15 15 32 $4,755.00 $4,755.00 Roundabout Improvement Plans 1" = 20' Scale (3 Sheets) 5 20 20 45 $6,900.00 $6,900.00 Sidewalk Horizontal and Vertical Control Plans 1" = 10' Scale (6 Sheets) 2 30 35 67 $9,705.00 $9,705.00 Roundabout Horizontal and Vertical Control Plans 1" = 10' Scale (9 Sheets) 5 5 40 40 90 $14,075.00 $14,075.00 Drainage & BMP Plans 1" = 20' Scale (2 Sheets) 2 20 10 32 $4,830.00 $4,830.00 Construction Details (2 Sheets) 2 5 15 22 $3,255.00 $3,255.00 Urban Design & Landscape Plans and Details 1" = 20' Scale (5 Sheets) 10 10 20 40 $6,600.00 $6,600.00 Irrigation Plans and Details 1" = 20' Scale (6 Sheets) 10 10 20 40 $6,600.00 $6,600.00 Sign, Pavement Marking Plans, Notes and Details 1" = 40' Scale (3 Sheets) 5 20 25 $3,900.00 $3,900.00 Kiosk & Gateway Sign Plans and Details 2 5 7 $1,230.00 $15,000.00 SPD $16,230.00 Electrical Plans and Details 1" = 20' Scale (5 Sheets) 2 2 10 20 34 $5,420.00 $5,420.00

5.2 - Standard Special Provisions/Specifications Outline 5 5 $1,200.00 $1,200.00

5.3 - Opinion of Probable Construction Cost (OPCC) 2 10 12 $1,980.00 $1,980.00

5.4 - Quality Control/Quality Assurance 5 5 2 12 $2,975.00 $2,975.00

5.5 - Comment Resolution Meeting 2 2 2 6 $1,070.00 $1,070.00

Task 6 - 90% Plans, Specifications and Opinion of Probable Construction Cost 3 10 59 5 156 243 2 478 $75,315.00 $10,000.00 $85,315.00

6.1 - 90% Plans 2 0 40 5 152 233 0 432 $65,270.00 $10,000.00 $75,270.00 Title Sheet (1 Sheet) 1 1 $135.00 $135.00
Legend, Abbreviations and General Notes Sheets (2 Sheets) 2 2 $270.00 $270.00 Demolition Plans 1" = 20' Scale (2 Sheets) 5 5 $675.00 $675.00 Sidewalk Improvement Plans 1" = 20' Scale (3 Sheets) 2 15 30 47 $6,780.00 $6,780.00 Roundabout Improvement Plans 1" = 20' Scale (3 Sheets) 2 30 40 72 $10,380.00 $10,380.00 Sidewalk Horizontal and Vertical Control Plans 1" = 10' Scale (6 Sheets) 5 20 30 55 $8,250.00 $8,250.00 Roundabout Horizontal and Vertical Control Plans 1" = 10' Scale (9 Sheets) 2 10 40 50 102 $15,740.00 $15,740.00 Drainage & BMP Plans 1" = 20' Scale (2 Sheets) 5 20 20 45 $6,900.00 $6,900.00 Construction Details (2 Sheets) 5 5 15 25 $3,975.00 $3,975.00 Urban Design & Landscape Plans and Details 1" = 20' Scale (5 Sheets)

2 10 10

22 $3,330.00

$3,330.00
Irrigation Plans and Details 1" = 20' Scale (6 Sheets) 2 10 10 22 $3,330.00 $3,330.00 Sign, Pavement Marking Plans, Notes and Details 1" = 40' Scale (3 Sheets) 5 10 15 $2,550.00 $2,550.00 Kiosk & Gateway Sign Plans and Details 2 2 $300.00 $10,000.00 SPD $10,300.00 Electrical Plans and Details 1" = 20' Scale (5 Sheets) 2 5 10 17 $2,655.00 $2,655.00

6.2 - Standard Special Provisions/Specifications 1 5 6 $1,495.00 $1,495.00

6.3 - Opinion of Probable Construction Cost (OPCC) 2 10 12 $1,830.00 $1,830.00

6.4 - Quality Control/Quality Assurance 10 10 2 22 $5,650.00 $5,650.00

6.5 - Comment Resolution Meeting 2 2 2 6 $1,070.00 $1,070.00

Task 7 - 100% Plans, Specifications and Opinion of Probable Construction Cost 0 0 27 2 31 101 2 163 $25,385.00 $25,385.00

7.1 - 100% Plans 0 0 10 2 22 71 0 105 $15,615.00 $15,615.00 Title Sheet (1 Sheet) 0 $0.00 $0.00
Legend, Abbreviations and General Notes Sheets (2 Sheets) 0 $0.00 $0.00 Demolition Plans 1" = 20' Scale (2 Sheets) 1 2 3 $420.00 $420.00 Sidewalk Improvement Plans 1" = 20' Scale (3 Sheets) 1 2 5 8 $1,215.00 $1,215.00 Roundabout Improvement Plans 1" = 20' Scale (3 Sheets) 1 2 10 13 $1,890.00 $1,890.00 Sidewalk Horizontal and Vertical Control Plans 1" = 10' Scale (6 Sheets) 1 5 10 16 $2,340.00 $2,340.00 Roundabout Horizontal and Vertical Control Plans 1" = 10' Scale (9 Sheets) 1 5 10 16 $2,340.00 $2,340.00 Drainage & BMP Plans 1" = 20' Scale (2 Sheets) 1 5 10 16 $2,340.00 $2,340.00 Construction Details (2 Sheets) 1 2 5 8 $1,215.00 $1,215.00 Urban Design & Landscape Plans and Details 1" = 20' Scale (5 Sheets) 1 5 6 $915.00 $915.00 Irrigation Plans and Details 1" = 20' Scale (6 Sheets) 1 5 6 $915.00 $915.00 Sign, Pavement Marking Plans, Notes and Details 1" = 40' Scale (3 Sheets) 1 2 3 $510.00 $510.00 Kiosk & Gateway Sign Plans and Details 2 2 $270.00 $270.00 Electrical Plans and Details 1" = 20' Scale (5 Sheets) 1 2 5 8 $1,245.00 $1,245.00

7.2 - Standard Special Provisions/Specifications 5 5 $1,200.00 $1,200.00

7.3 - Opinion of Probable Construction Cost (OPCC) 2 5 7 $1,230.00 $1,230.00

7.4 - Quality Control/Quality Assurance 5 2 7 $1,500.00 $1,500.00

7.5 - Project Preparation and Final Mylar Submittal 5 2 30 2 39 $5,840.00 $5,840.00

Task 8 - Bid and Construction Phase Support Services 10 0 42 0 10 0 2 64 $14,820.00 $13,050.00 $27,870.00

8.1 - Bid and Construction Phase Support Services 10 40 10 2 62 $14,340.00 $14,340.00

8.2 - Cultural Resources Monitoring 2 2 $480.00 $13,050.00 HELIX $13,530.00

Sub-Total (Task 1-8) 43 24 339 17 514 595 25 1561 $265,560.00 $94,436.00 $359,996.00 KH Expenses

$2,500.00
Grand Total (Task 1-8) (Rounded to the nearest $1) $265,560.00 $362,500.00

Task 9 - Potholing (OPTIONAL TASK) 0 0 2 0 2 0 0 4 $780.00 $7,558.00 $8,338.00

9.1 - Boundary Mapping and Supplemental Survey 2 2 4 $780.00 $7,558.00 Aguirre $8,338.00 Total (Optional Task) (Rounded to the nearest $1) $780.00 $8,340.00

P:\Marketing \22-xxxx\City of Escondido \3 - Grand Avenue PH II\ _Working Proposal \2022.08.23 - Grand Avenue Visions PH II - FEE - REV.xlsx 59 Item5.

Resolution No. 2022-122
Exhibit A

GRAND AVENUE VISION IMPROVEMENT PROJECT - PH II
ID Task Name Duration Start Finish 4th Quarter 1st Quarter 2nd Quarter Aug Sep Oct Nov Dec Jan Feb Mar Apr May
1 City Council Award of Contract 1 day Wed 9/14/22 Wed 9/14/22

2 Notice to Proceed 1 day Thu 9/15/22 Thu 9/15/22
3 Kick-Off with City 1 day Tue 9/20/22 Tue 9/20/22
4 Internal Kick-Off 1 day Wed 9/21/22 Wed 9/21/22
5 Field Meeting 1 day Fri 9/23/22 Fri 9/23/22
6 Survey, Utility Base Mapping and Field Verification 18 days Tue 9/20/22 Thu 10/13/22 7 Topographic Survey 15 days Tue 9/20/22 Mon 10/10/22
8 Utility Base Mapping 2 days Tue 10/11/22 Wed 10/12/22 9 Field Verification 1 day Thu 10/13/22 Thu 10/13/22
10 30% Preliminary Engineering 34 days Mon 10/17/22 Thu 12/1/22 11 Concept Refinement 2 days Mon 10/17/22 Tue 10/18/22
12 30% Preliminary Engineering Drawings 10 days Thu 10/27/22 Wed 11/9/22 13 Project Kiosk and Gateway Sign Concept Development 20 days Wed 10/19/22 Tue 11/15/22 14 30% Opinion of Probable Construction Cost 1 day Wed 11/16/22 Wed 11/16/22 15 30% Submittal 1 day Thu 11/17/22 Thu 11/17/22
16 City Review 10 days Fri 11/18/22 Thu 12/1/22
17 Stakeholder Engagement Meetings 45 days Wed 10/26/22 Tue 12/27/22 18 Stakeholder Meeting #1 (Tentative) 1 day Wed 10/26/22 Wed 10/26/22 19 Stakeholder Meeting #2 (Tentative) 1 day Wed 11/23/22 Wed 11/23/22 20 Stakeholder Meeting #3 (Tentative) 1 day Tue 12/27/22 Tue 12/27/22 21 60% PS&E 49 days Tue 12/6/22 Fri 2/10/23
22 60% Plans 20 days Tue 12/6/22 Mon 1/2/23
23 Opinion of Probable Construction Cost 2 days Tue 12/27/22 Wed 12/28/22 24 Standard Special Provisions/Specifications Outline 2 days Wed 12/28/22 Thu 12/29/22 25 QAQC 4 days Wed 12/28/22 Mon 1/2/23
26 60% Submittal 1 day Tue 1/3/23 Tue 1/3/23
27 City Review 25 days Wed 1/4/23 Tue 2/7/23
28 Comment Resolution Meeting 1 day Fri 2/10/23 Fri 2/10/23 29 90% PS&E 34 days Mon 2/13/23 Thu 3/30/23
30 90% Plans 20 days Mon 2/13/23 Fri 3/10/23
31 Opinion of Probable Construction Cost 3 days Tue 3/7/23 Thu 3/9/23 32 Standard Special Provisions/Specifications 3 days Tue 3/7/23 Thu 3/9/23 33 QAQC 3 days Wed 3/8/23 Fri 3/10/23
34 90% Submittal 1 day Mon 3/13/23 Mon 3/13/23
35 City Review 10 days Tue 3/14/23 Mon 3/27/23
36 Comment Resolution Meeting 1 day Thu 3/30/23 Thu 3/30/23

37 100% PS&E 22 days Fri 3/31/23 Mon 5/1/23
38 100% Plans 10 days Fri 3/31/23 Thu 4/13/23
39 Opinion of Probable Construction Cost (OPCC) 2 days Tue 4/11/23 Wed 4/12/23 40 Standard Special Provisions/Specifications 2 days Tue 4/11/23 Wed 4/12/23 41 QAQC 3 days Tue 4/11/23 Thu 4/13/23
42 100% Submittal 1 day Fri 4/14/23 Fri 4/14/23
43 City Review 5 days Mon 4/17/23 Fri 4/21/23
44 Final Revisions and Mylar Submittal 1 day Mon 5/1/23 Mon 5/1/23 45 Bid and Construction Phase Services TBD TBD

Date: Tue 8/23/22
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary

Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress

60 Item5.

STAFF REPORT

September 14, 2022
File Number 0600-10; A-3429

SUBJECT

CONSULTING AGREEMENT FOR THE TREATED WATER INTERCONNECT PROJECT

DEPARTMENT
Utilities Department, Construction and Engineering Division

RECOMMENDATION
Request the City Council adopt Resolution No. 2022-120, authorizing the Mayor to execute, on behalf of the City, a Consulting Agreement with Kennedy/Jenks Consultants, Inc., in the amount of $212,282 for engineering services for the Treated Water Interconnect Project (“Project”).

Staff Recommendation: Approval (Utilities: Christopher W. McKinney, Director of Utilities) Presenter: Angela Morrow, Deputy Director of Utilities

FISCAL ANALYSIS
Funds for the Consulting Agreement are available in the Water Capital Improvement Project (“CIP”) No. 701906.

PREVIOUS ACTION
None.

BACKGROUND
The City of Escondido (“City”) purchases raw water from the San Diego County Water Authority (“Water Authority”) and treats it at the Escondido-Vista Water Treatment Plant. The City does not have any treated water connections to the Water Authority. The Water Authority has informed its customers of a planned shutdown of their raw water deliveries in 2024/2025 to perform required maintenance and has asked member water agencies to plan accordingly. The City has several small treated water interconnections with the Rincon del Diablo Municipal Water District (“Rincon”), however these existing interconnections are not large enough to provide the City’s water demands during the Water Authority’s extended raw water shutdown.

The proposed Project includes the upsizing and replac ement of an existing underground potable water interconnect so that the City will receive the needed treated water from Rincon during the Water Authority’s scheduled shutdown. While the Water Authority’s raw water shutdown is anticipated to occur 61 Item6.

during cooler months with minimum water demands, the shutdown could last up to five months, extending the shutdown into warmer months with higher water demands. City staff have researched alternate ways to obtain raw or treated water, and have determined that the most economical way to supplement its water supply during the Water Authority shutdown is to upgrade an existing potable water interconnection with Rincon.

The City currently has a 20 -inch potable water interconnect with R incon located at the intersection of Sheridan Avenue and Ash Street. Rincon receives treated water from the Water Authority, which will not be affected by the scheduled raw water shutdown. Rincon staff have indicated that they could provide up to 26 million gall ons per day ( MGD) of treated potable water to the City; however, the existing interconnect is undersized to handle this amount of flow. The proposed Project includes the replacement of the existing 20-inch interconnect with new 30-inch piping, valves, and flow meter, all of which will be located in a new underground vault. The location of the existing interconnect that will be replaced as a part of this Project is shown below:

The location of the proposed Project is within the public right-of-way. The proposed improvements should minimize environmental and community impacts, while maintaining water service to customers.

62 Item6.

A request for proposal was sent to three engineering firms specializing in the design of water and wastewater projects. Proposals were rece ived and reviewed by City staff for responsiveness, understanding of the work, proposed project approach, scope of work, relevant experience, project team, schedule, and proposed fee. Kennedy/Jenks Consultants, Inc. was selected based on their extensive experience with similar projects, proposed project approach, and fee. The scope of work for engineering services includes:
 utility research;
 survey;
 geotechnical investigations;
 potholing; development of detailed engineering plans and specifications;  cost estimate and construction schedule;
 coordination with the State Water Resources Control Board; and  bid support services and engineering services during construction as optional, future scope of work.

It is recommended that the contract be awarded to Kennedy/Jenks Consultants, Inc., determined to be the best value proposal.

RESOLUTIONS
A. Resolution No. 2022-120
B. Resolution No. 2022-120 Exhibit “A”

63 Item6.

RESOLUTION NO. 2022-120

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A CONSULTING

AGREEMENT WITH KENNEDY/JENKS CONSULTANTS,
INC. FOR ENGINEERING SERVICES FOR THE TREATED

WATER INTERCONNECT PROJECT

WHEREAS, the City of Escondido (“City”) desires to design the Treated Water Interconnect Project (“Project”); and
WHEREAS, the Project will upsize and replace an existing underground potable water interconnect for the purposes of the City receiving the required treated water from Rincon del Diablo Municipal Water District during San Diego County Water Authority’s scheduled shutdown; and WHEREAS, City staff solicited proposals from engineering firms specializing in the design of water projects; and
WHEREAS, City staff thoroughly evaluated and ranked the proposals received using weighted criteria to determine the best value proposal; and
WHEREAS, the proposal from Kennedy/Jenks Consultants, Inc. was determined to be the best value proposal; and
WHEREAS, City staff have completed negotiations with Kennedy/Jenks Consultants, Inc., and the Deputy City Manager / Director of Utilities recommends that the Consulting Agreement (“Agreement”) be entered into; and
WHEREAS, this City Council desires at this time and deems it to be in the best public interest to enter into said Agreement.
64 Item6.

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 Mayor and City Council accepts the recommendation of the Deputy City Manager / Director of Utilities.

3. That the Mayor is authorized to execute, on behalf of the City, a n Agreement with Kennedy/Jenks Consultants, Inc. in substantially the same format as Exhibit “A,” which is attached hereto and incorporated by this reference, subject to final approval as to form by the City Attorney. 65 Item6.

Consulting Agreement (v2) - 1 - CAO: 9/17/2021

CITY OF ESCONDIDO

CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) is made and entered into as of this _____ day of _______________, 2022 (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Angela Morrow
760-839-6290 x 7035
("CITY")
And: Kennedy/Jenks Consultants, Inc.
9325 Sky Park Court, Suite 300
San Diego, CA 92123
Attn: David Harrison
858-676-7532
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to provide detailed design including preparation of construction drawings and specifications for the Treated Water Interconnect Project; and WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and
WHEREAS, the CITY and CON SULTANT desire to enter into this Agreement f or the per - formance of the Services described herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. Description of Services. CONSULTANT shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement a s Attachment “A” and inc orporated herein by this reference (“Services”).

2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, and CONSULTANT shall accept in full, an amount not to exceed the sum of $212,282.

Resolution 2022-120
Exhibit "A"
1 of 20
66 Item6.

Consulting Agreement (v2) - 2 - CAO: 9/17/2021
CONSULTANT shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent . If this Agreement is amended at any time, additional compensation of CONSULTANT contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by r esolution of the City Council.

3. Performance. CONSULTANT shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement . CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONSULTANT pursuant to this Agreement, except that CONSULTANT shall not be responsible for the accuracy of information supplied by the CITY.

4. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed o n Attachment “B” , attached to this Agreement and incorporated herein by this reference (“Personnel List”), to perform the Services.

CONSULTANT shall not add or remove persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

5. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONSULTANT with 10 days’ advance written notice. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONSULTANT, then CONSULTANT shall be compensated based on the work satisfa ctorily performed at the time of such termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the Services.

6. City Property. All original documents, drawings, electronic media, and other materials prepared by CONSULTANT pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CON SULTANT for any other purpose without the CITY’s prior written consent.

7. Insurance Requirements.
a. CONSULTANT shall pro cure and maintain , at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONSULTANT, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division.

Resolution 2022-120
Exhibit "A"
2 of 20
67 Item6.

Consulting Agreement (v2) - 3 - CAO: 9/17/2021
(3) Workers’ Compensation. Worker’s Compensation as requi red by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissi ons). Professional Liability ( Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.
(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimu ms otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy o n a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CIT Y, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it. (4) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its agents, representatives, employees, and subcontractors.
(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONSULTANT shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of Resolution 2022-120
Exhibit "A"
3 of 20
68 Item6.

Consulting Agreement (v2) - 4 - CAO: 9/17/2021
other insurance coverage required by this Agreement. CONSULTANT’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONSULTANT pur suant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicabl e policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right , at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant t o this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement . In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates complian ce with the insurance requirements in this Agreement.

8. Indemnification, Duty to Defend, and Hold Harmless.
a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers 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, in law or 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 caused by, arising out of, or in connection with CONSULTANT’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, and only to the extent such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. Further, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Perm it (Order No. R9- 2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Resolution 2022-120
Exhibit "A"
4 of 20
69 Item6.

Consulting Agreement (v2) - 5 - CAO: 9/17/2021
Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. c. All terms and provisions within this Section 8 shall survive the termination of this Agreement.

9. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective . Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Ag reement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

11. Independent Contractor . CONSULTANT is an independent contractor , and no agency or employment relationship is created by the execution of this Agreement.

12. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONSULTANT.

13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONSULTANT concerning the subject of this A greement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

14. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

15. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

16. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

17. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

18. Provisions Cumulative . The foregoing provisions are cumulative to, in addition to , and not in limitation of any other rights or remedies available to the CITY.

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Exhibit "A"
5 of 20
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Consulting Agreement (v2) - 6 - CAO: 9/17/2021

19. Notice. Any statements, communications , or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.

20. Business License. CONSULTANT shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

21. Compliance with Laws, Permits, and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances , regulations, rules, and other legal requirements in effect during the term of this Agreement. CONSULTANT shall obtain any and all per mits, licenses, and other authorizations necessary to perform the S ervices.

Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

22. Prevailing Wages . If applicable, pursuant to California Labor Code section 1770 et seq. , CONSULTANT agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, code s, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevai ling rate and scale to be paid shall be the same as the applicable “ General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference . Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

23. Department of Industrial Relations Compliance . This public project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONSULTANT shall post all job site notices required by regulation. CONSULTANT, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

24. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONSULTANT represents and warrants that all of its employees and the employees of any subcontractor retained by CONSULTANT who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONSULTANT affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. CONSULTANT agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

25. 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.

(SIGNATURE PAGE FOLLOWS)
Resolution 2022-120
Exhibit "A"
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IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Paul McNamara
Mayor

Kennedy/Jenks Consultants, Inc

Date: __________________ ___________________________________ Signature

___________________________________
Name & Title (please print)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY

BY: __________________________

THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

Resolution 2022-120
Exhibit "A"
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ATTACHMENT “A”
Scope of Work

Attachment A to Consulting Agreement - 1 - CAO: 9/17/2021

A. General

Kennedy/Jenks Consultants, Inc. (“KJ” or “Consultant”) will prepare construction drawings and specifications for the Treated Water Interconnect Project (“Project”).

B. Location

The location of the interconnect is at the intersection of North Ash Street and Sheridan Avenue.

C. Services

Consultant shall provide the follows tasks:

Task 1 – Project Management

1.1 Kick-off Meeting
The project kick-off meeting will be scheduled immediately after receipt of a notice-to- proceed. At this kickoff meeting, project reporting/communication protocols will be established, a design schedule will be provided, and key technical issues will be discussed to establish the project guidelines.

1.2 Meetings
KJ will attend three progress meetings with the City throughout the project following City review at each submittal stage. At each review meeting, KJ will go over how previous review comments were addressed and/or incorporated in the revised design. KJ will prepare meeting agendas and distribute minutes after each meeting. Meetings will include the following:

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Exhibit "A"
8 of 20
73 Item6.

ATTACHMENT “A”
Scope of Work

Attachment A to Consulting Agreement - 2 - CAO: 9/17/2021

1. 30% design review meeting – will include findings of control valve evaluation

2. 60% design review meeting

3. 100% design review meeting

1.3 Project Updates
KJ will prepare bi-weekly project updates consisting of an email report to the City. Updates will identify and discuss project issues, coordination efforts, action items, schedule, budget, and other items of concern.

1.4 Quality Assurance/Quality Control (QA/QC)
KJ will provide quality assurance and quality control (QA/QC) reviews throughout the course of project. Specific QA/QC efforts on this project will include:
• Development of a Quality Assurance Plan, which will outline how QA/QC reviews, will take place during the course of the work. The Plan will also outline specific technical protocols, methods, and checklists for KJ to use in preparing work products. • Concept and Criteria Review of the project design at the 10% design stage. • Review of all notes and design calculations, along with design drawings and specifications, by an appropriate reviewer independent of the project design team prior to each design submittal.
• Constructability and operational review of the design submittals.

1.5 Management
This task addresses the management responsibilities associated with project setup, proper scheduling, budget control, invoice preparation and coordination with the City and the KJ project team.
• Deliverables –
o KJ will submit bi-weekly project updates and monthly invoices to the City. o KJ will submit all meeting agendas/presentations to the City a minimum of two working days prior to each meeting, and all meeting minutes within five working days following the meeting. City’s comments will be incorporated, and final minutes will be submitted.
o KJ will submit a design schedule following the Notice-to-Proceed.

Task 2 – Investigations

2.1 Utility Research and Review
KJ will contact Underground Service Alert to determine the utility owners within the project limits and send formal requests to each utility owner requesting record drawings and any future utility plans. KJ will coordinate with the California State Water Resources Control Board to meet utility separation requirements, if applicable.

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Exhibit "A"
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ATTACHMENT “A”
Scope of Work

Attachment A to Consulting Agreement - 3 - CAO: 9/17/2021

2.2 Survey
BHA, as a subconsultant to KJ, will provide surveying and aerial mapping for the project.

BHA’s scope of services includes the following:
• Research/Coordination: Investigate public records, obtain copies of record maps and any documents pertinent to the project. Determine location of control monuments and benchmarks necessary to establish project control.
• Right-of-Way Survey: Project control will be based on the California Coordinate System of 1983 (CCS83), Zone 6, by utilizing the City of Escondido Survey Control Network. Vertical control will be based on City of Escondido benchmarks. A field survey will be performed that will locate and tie any recovered monuments shown on maps of record, along with any non-record monuments discovered during the field survey, sufficient to establish a procedure for determining street centerlines and rights-of-way. Office calculations will be performed to reduce the field data, as necessary.
• Topographic Survey: BHA will conduct a field survey, location existing street improvements, curb, and gutter, sidewalks, driveway aprons, traffic striping, visible utilities, sewer manholes, storm drain structures, water valves, fire hydrants, water meters, vaults, transformers, pull boxes, hand holes, gas valves, telephone and cable pedestals, street lights, fencing and walls within the public right-of-way. Sufficient surface elevations will be surveyed to determine one-foot contours. • Base Map: A drawing file, in AutoCAD format, will be prepared of the survey outlining the street centerlines, property lines, rights-of-way, easements, aerial mapping and items located during the field topography survey. The drawing will contain a basis of bearing and benchmark statement, together with the labeling of found monuments, course bearings and distances. A table listing the coordinates and elevations of all monuments found or set during the course of the surveys will be included. • Pothole Locations: Provide field surveying for the horizontal and vertical location for the for the designated excavated utilities. For scope purposes, it is assumed that five pothole locations will be surveyed.

2.3 Geotechnical Investigation
Leighton, as a subconsultant to KJ, will perform a geotechnical investigation for the project.

Based on Leighton’s site visit and literature review, the pipeline alignment is generally underlain by minor amounts of fill materials associated with the construction of Sheridan Avenue and Ash Street. Where the majority of the proposed water pipeline alignment is underlain by Old Alluvium and by Granitic Rock, groundwater is anticipated in portions of the alignment. Geologic considerations for the proposed vault and pipeline alignment consist of Resolution 2022-120
Exhibit "A"
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75 Item6.

ATTACHMENT “A”
Scope of Work

Attachment A to Consulting Agreement - 4 - CAO: 9/17/2021

elevated groundwater conditions at a depth of 8 feet or greater, potential caving conditions in unconsolidated alluvium, and dense rock materials associated with the Granitic Rock.

Leighton scope of services consists of the following:
• Review available pertinent geotechnical literature and background materials, including geotechnical reports, geologic maps, topographic maps, groundwater data, and historical stereoscopic aerial photographs.
• Perform a geologic reconnaissance of the proposed pipeline alignment and adjacent area. • Perform compilation and geotechnical analysis of our background review and project alignment observations.
• Obtain a traffic control permit from the City and a County of San Diego DEH boring permit, as required; it is assumed the City will waive permit fees. • Provide traffic control to complete the subsurface exploration; it is assumed the City will waive permit fees.
• In preparation for the subsurface geotechnical exploration, Underground Services Alert (USA) will be notified for locating public utilities on site. • Perform a subsurface exploration taking approximately one day at the new vault and along the 20-inch pipeline alignment replacement that will consist of the excavation of two exploratory borings at representative locations to a depth of approximately 25 feet. The purpose of the borings is to characterize the subsurface materials regarding their soil properties as they relate to the vault and pipeline construction and trench excavation.

Boring logs will show existing pavements and thicknesses, road base thicknesses, soil types, groundwater elevation, soil tests taken, sample locations, dry density, and moisture content. The borings will be excavated to plan depth, with a hollow stem rig or until refusal. If drilling refusal occurs before the bottom elevation of the proposed vault or pipeline, Leighton will attempt the boring with a rock core drilling rig. Leighton will utilize a specialized heavy-duty, high torque drill rig to help penetrate the underlying soil and rock materials. The borings will be backfilled with soil cuttings or bentonite depending on groundwater depth. After backfilling the borings will be capped with asphalt. • Driven samples will be obtained at 2.5- and/or 5-foot representative intervals with a standard penetration test and ring sampler and selected bulk samples will also be collected from the drill cuttings. Soil samples will be sealed and packaged in the field and then returned to our laboratory for testing.
• After completion of the soil borings, Leighton will replace the temporary boring patches with a 5’ x 5’ square hot mix asphalt patch in accordance with the City’s Permanent Roadway Repair Standard Drawing No. G-4-E. The patch includes saw cutting the existing AC around (3’x3’) the boring, excavating to an approximate depth of 12-inches and hauling excess material to the landfill. The existing subgrade material and imported Class II aggregate base will be compacted to 95% relative compaction under observation of a soils technician from Leighton followed by placement and compaction of the base asphalt layer.

Leighton will return after several weeks to perform a 1.5-inch mill and overlay. Leighton Resolution 2022-120
Exhibit "A"
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76 Item6.

ATTACHMENT “A”
Scope of Work

Attachment A to Consulting Agreement - 5 - CAO: 9/17/2021

will provide traffic control at each AC patch area and secure the work area. Our scope is based on restoring three borings and assumes the subgrade material will be at or near optimum moisture content, and that our subcontractor will be able to leave equipment and patch material secured overnight.
• Conduct geotechnical laboratory testing on selected soil samples. Lab testing will consist of dry unit weights, moisture contents, sieve analyses, shear strength, and corrosivity tests including minimum electrical resistivity and pH, water-soluble sulfates and chlorides content tests.
• Prepare a draft and final geotechnical design report for the project. • Review of project plans and specifications

2.4 Potholing
KJ will prepare a potholing plan based on the 60% design plans for the City’s approval.

Following the City’s approval, Underground Solutions, as a subconsultant to KJ, will provide potholing services. For scope purposes, ten potholes will be performed with a maximum depth of 12 feet. A pothole report will be prepared documenting the potholed utility depth from ground surface to the bottom of pipe, pipe material and diameter. The pothole location will be marked in the field and will be surveyed to determine the coordinates of the pothole location. Underground Solutions will obtain an encroachment permit from the City.

Underground Solutions will prepare detailed traffic control plans to be included with the permit application. It is assumed the City will pay permit fees if required.

Hot patch asphalt will be used for pavement restoration and based on the following conditions:
• For potholes performed in the final trench alignment, paving restoration will consist of a 6- inch overgrind with a base pave of ¾-inch asphalt to match existing thickness plus 1-inch.

For potholes performed outside of the final trench alignment, paving restoration will be in accordance with the City’s Standard Drawing G-4-E with a 5’ x 5’ grind overlay.

2.5 Field Investigations
KJ will walk the alignment with City staff to perform a visual inspection of the alignment and identify constraints. Two field investigations will be performed prior to the 60% and 100% design submittals.
• Deliverables –
o Potholing plan for City review and approval
o Electronic copies (PDF) of the geotechnical and pothole reports Task 3 – Contract Documents
Resolution 2022-120
Exhibit "A"
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77 Item6.

ATTACHMENT “A”
Scope of Work

Attachment A to Consulting Agreement - 6 - CAO: 9/17/2021

3.1 Design Plans
KJ will prepare detailed design plans in accordance with the City’s Standards, DDW requirements, and local agency requirements. Design drawings will be prepared in AutoCAD Civil 3D utilizing the City’s standard title block. KJ will prepare 30%, 60%, 100% and Final Design plans.

This scope is based on the understanding that 22 design drawings will be prepared per the table below. It is assumed that traffic control plans will be prepared by the Contractor in accordance with the Contract Specifications.

Sheet
No.

Description
1 Title, Vicinity and Location Maps
2 Sheet Index and General Notes
3 Legend and Abbreviations
4 Key Plan, Basis of Bearing, and Horizontal Control
5 Overall Site Piping Plan
6 Paving Plan
7 Mechanical Legend and Symbols
8 Mechanical Details
9 Valve and Meter Vault Mechanical Plans and Sections
10 Structural Legend and Symbols
11 Structural Details
12 Valve and Meter Vault Structural Plans and Sections
13 Electrical Abbreviations and Notes
14 Electrical Symbols
15 Overall Electrical Site Plan
16 Single Line/Panelboard Schedule
17 Conduit Block Diagram and Conduit/Cable Schedule
18 Valve and Meter Vault Electrical Plans
Resolution 2022-120
Exhibit "A"
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78 Item6.

ATTACHMENT “A”
Scope of Work

Attachment A to Consulting Agreement - 7 - CAO: 9/17/2021

19 Instrumentation Symbols
20 I&C Details and Network Block Diagram
21 Control Panel Layout, Elevations, and Wiring Diagram 22 Process and Instrumentation Diagram (P&ID)

3.2 Technical Specifications, Bid Schedule, and Submittal List KJ will prepare the required technical specifications for the 60%, 100%, and final stages of design submittals. KJ will prepare a project bid schedule, including measurement and payment description for each bid item at the 60%, 100%, and final stages. The City shall provide the bid schedule format. The project bid schedule will be provided in Microsoft Excel for the City to upload to eBidboard. The specifications and bid schedule will be revised, as necessary, to address the City’s 60% and 100% design level review comments. Stamped and signed technical specifications will be provided with the final design submittal. It is assumed that the City will prepare the Front-End (Division 0 and Division 1) specifications. KJ will review the entire specifications and revise the technical specifications as required. KJ will also provide a list of contractors’ required submittals during construction at the 100% and final submittal.

3.3 Opinion of Estimated Construction Cost
KJ will prepare an opinion of probable construction cost (OPCC) presented as an Excel spreadsheet for the 60%, 100%, and final design submittals. A Class 3 OPCC will be prepared for the 60% design submittal and a Class 2 OPCC will be prepared for the 100% and final design submittal.

3.4 Construction Schedule
KJ will prepare a construction schedule for the project using Microsoft Project and will include any required project milestones.

3.5 DDW Application
KJ will prepare the DDW application for the review and approval of the City at the 100% design phase. Once City approval is received, KJ will coordinate with DDW directly to receive and address their comments. If required, KJ will obtain a waiver for any DDW separation requirement deviations.
• Deliverables –
o Prepare the DDW Application for City review and approval. o KJ will submit design calculations and drawings at the 30%, 60%, 100%, and final design levels in Adobe Acrobat PDF format. Three (3) hardcopy sets of both full-size plans (24-inch x 36-inch) and half-size plans (11-inch x 17-inch) will be submitted at the request of the City. Technical specifications will be Resolution 2022-120
Exhibit "A"
14 of 20
79 Item6.

ATTACHMENT “A”
Scope of Work

Attachment A to Consulting Agreement - 8 - CAO: 9/17/2021

submitted at 60%, 100%, and final design in Microsoft Word and Adobe Acrobat PDF formats. PDFs will be bookmarked for each section. Comments from the 100% design submittal will be incorporated into the final design submittal consisting of one set of design drawings and technical specifications signed and sealed by a licensed civil engineer in the State of California. o Project bid schedule submittals shall be provided at the 60%, 100% and final stages per the City provide bid schedule format. The project bid schedule will be provided in Microsoft Excel for upload to eBidboard. o The construction schedule and opinion of estimated construction cost submittals will be provided at the 60%, 100%, and final stages of design. o A list of the contractors’ required submittals during construction will also be provided.

Task 4 – Bid Phase Services

4.1 Pre-bid Meeting
KJ will attend and lead the pre-bid meeting assumed to be at the City’s office. This includes preparation of the presentation/slide show, meeting minutes, and an action items list.

4.2 Responses to Questions and Addenda
KJ will respond to questions from potential bidders at the City’s request. KJ will prepare up to two addenda as necessary and/or directed by the City. The addenda will be submitted to the City for review and distribution.

Task 5 – Construction Phase Services
This task is included to allow for a future amendment, at the sole option of the City, for engineering services during construction. The fee for these engineering services will be determined once the design has been completed and if the City determines to proceed with KJ for such services.

This task will include, but not be limited to, the following items: attend preconstruction meeting, attend construction progress meetings, prepare conformed set of contract documents, respond to contractor requests for information (RFI’s), respond to design clarifications, review and approve submittals and shop drawings and prepare record drawings.

D. Contract Price and Payment Terms

The contract price shall not exceed $212,282. Services shall be charged on a time -and-materials basis in accordance with the attached rate schedule and fee proposal (see Exhibit ‘1’ and Exhibit ‘2’ which are attached hereto and incorporated by reference). The contract price includes all labor, materials, equipment, and transportation required to perform the work. Services will be billed as services are performed. Payment will be made after services have bee n performed and within 30 days of receipt of an invoice for those services.

E. Term

Resolution 2022-120
Exhibit "A"
15 of 20
80 Item6.

ATTACHMENT “A”
Scope of Work

Attachment A to Consulting Agreement - 9 - CAO: 9/17/2021

The term of this Agreement shall be for three years, commencing on the Effective Date of the Agreement.

Resolution 2022-120
Exhibit "A"
16 of 20
81 Item6.

ATTACHMENT “B”

KJ Employees:

David Harrison, PE, BCEE – Principal-in-Charge
Bill Yates, PE – QA/QC
Rachel Druffel-Rodriguez, PE – Project Manager
Ray Lyons, PE – Project Engineer
Allie Syiem, PE – Civil/Mechanical
Thuc Khuong, PE - Structural
Jeff Mohr, PE, CEM – Electrical/I&C
Bill Moser, PE – Senior Technical Advisor
Gary Stine, PE – SDCWA Liaison

Subconsultants:

Leighton Consulting, Inc. – Geotechnical
Underground Solutions, Inc. – Potholing
BHA, Inc. – Survey/Mapping

Resolution 2022-120
Exhibit "A"
17 of 20
82 Item6.

Proposal Fee Estimate
CLIENT Name:

PROJECT Description: City of Escondido/Rincon del Diablo Municipal Water District Treated Water Emergency Interconnect Project Proposal/Job Number: Date:

6/7/2022
City of Escondido
January 1, 2020 Rates KJ Sub Sub Sub KJ KJ KJ
Eng-Sci-6
R. Lyons & J.

Hoffman & Z. Devlin
Total
Subs
Total
Expenses Total Labor + Subs
+ Expenses
Eng-Sci-2
D. Kureishy
Total
Labor
Admin. Assist.

T. Sullivan
Eng-Sci-4
R. Druffel-Rodriguez
& A. Syiem
CAD-Design
K. Cobabe
Eng-Sci-3
L. Santos & R. Mejia
Project Assistant
M. Norman
Eng-Sci-8
W. Yates & J. Mohr
& Struc QC & B.

MoserClassification: Total
Labor
BHA
Leighton
USI
Sub-Markup
ODCs
ODCs
Markup
Eng-Sci-6
R. Lyons & J.

Hoffman & Z. Devlin
Total
Subs
Total
Expenses Total Labor + Subs
+ Expenses
Eng-Sci-2
D. Kureishy
Total
Labor
Admin. Assist.

T. Sullivan
Eng-Sci-4
R. Druffel-Rodriguez
& A. Syiem
CAD-Design
K. Cobabe
Eng-Sci-3
L. Santos & R. Mejia
Project Assistant
M. Norman
Eng-Sci-8
W. Yates & J. Mohr
& Struc QC & B.

Moser
Hourly Rate: $290 $245 $200 $185 $165 $155 $130 $110 Hours Fees Fees Fees Fees 5% Fees 10% Fees Task 1 - Project Management

1.1 Kick-off Meeting 2 2 4 $890 $0 $150 $15 $890 $0 $165 $1,055

1.2 Meetings (3) 5 5 9 $2,003 $0 $450 $45 $2,003 $0 $495 $2,498

1.3 Project Updates (16) 8 8 $1,600 $0 $0 $1,600 $0 $0 $1,600

1.4 QA/QC 46 4 50 $14,320 $0 $0 $14,320 $0 $0 $14,320

1.5 Management 56 4 60 $11,720 $0 $0 $11,720 $0 $0 $11,720 Task 1 - Subtotal 46 11 71 0 0 0 4 0 131 $30,533 $0 $0 $0 $0 $600 $60 $30,533 $0 $660 $31,193 Task 2 - Investigations

2.1 Utility Research & Review 8 12 2 22 $4,160 $0 $500 $50 $4,160 $0 $550 $4,710

2.2 Survey 2 4 1 7 $1,280 $14,025 $701 $0 $1,280 $14,726 $0 $16,006

2.3 Geotechnical Investigation 2 3 4 1 10 $1,835 $31,000 $1,550 $0 $1,835 $32,550 $0 $34,385

2.4 Potholing (5) 5 8 1 14 $2,675 $15,660 $783 $0 $2,675 $16,443 $0 $19,118

2.5 Field Investigations (2) 6 6 12 $2,460 $0 $300 $30 $2,460 $0 $330 $2,790 Task 2 - Subtotal 0 23 0 3 34 0 3 2 65 $12,410 $14,025 $31,000 $15,660 $3,034 $800 $80 $12,410 $63,719 $880 $77,009 Task 3 - Contract Documents

3.1 Design Plans (30%, 60%, 100%, Final) 39 32 162 56 120 12 421 $75,085 $0 $1,000 $100 $75,085 $0 $1,100 $76,185

3.2 Technical Specifications, Bid Schedule and Submittal List 58 6 9 11 12 96 $20,210 $0 $500 $50 $20,210 $0 $550 $20,760

3.3 Opinion of Estimated Construction Cost 10 1 6 17 $3,640 $0 $0 $3,640 $0 $0 $3,640

3.4 Construction Schedule 1 1 4 6 $1,105 $0 $0 $1,105 $0 $0 $1,105

3.5 DDW Application 4 1 6 1 12 $2,280 $0 $100 $10 $2,280 $0 $110 $2,390 Task 3 - Subtotal 0 112 41 171 83 120 0 25 552 $102,320 $0 $0 $0 $0 $1,600 $160 $102,320 $0 $1,760 $104,080
Tasks 1-3 Total 46 146 112 174 117 120 7 27 748 $145,263 $14,025 $31,000 $15,660 $3,034 $3,000 $300 $145,263 $63,719 $3,300 $212,282 Resolution 2022-120
Exhibit "A"
18 of 20
83 Item6.

Proposal Fee Estimate
CLIENT Name:

PROJECT Description: City of Escondido/Rincon del Diablo Municipal Water District Treated Water Emergency Interconnect Project Proposal/Job Number: Date:

6/7/2022
City of Escondido
January 1, 2020 Rates KJ Sub Sub Sub KJ KJ KJ
Eng-Sci-6
R. Lyons & J.

Hoffman & Z. Devlin
Total
Subs
Total
Expenses Total Labor + Subs
+ Expenses
Eng-Sci-2
D. Kureishy
Total
Labor
Admin. Assist.

T. Sullivan
Eng-Sci-4
R. Druffel-Rodriguez
& A. Syiem
CAD-Design
K. Cobabe
Eng-Sci-3
L. Santos & R. Mejia
Project Assistant
M. Norman
Eng-Sci-8
W. Yates & J. Mohr
& Struc QC & B.

MoserClassification: Total
Labor
BHA
Leighton
USI
Sub-Markup
ODCs
ODCs
Markup
Eng-Sci-6
R. Lyons & J.

Hoffman & Z. Devlin
Total
Subs
Total
Expenses Total Labor + Subs
+ Expenses
Eng-Sci-2
D. Kureishy
Total
Labor
Admin. Assist.

T. Sullivan
Eng-Sci-4
R. Druffel-Rodriguez
& A. Syiem
CAD-Design
K. Cobabe
Eng-Sci-3
L. Santos & R. Mejia
Project Assistant
M. Norman
Eng-Sci-8
W. Yates & J. Mohr
& Struc QC & B.

Moser
Hourly Rate: $290 $245 $200 $185 $165 $155 $130 $110 Hours Fees Fees Fees Fees 5% Fees 10% Fees Task 4 - Bid Phase Services (Optional)

4.1 Pre-Bid Meeting 4 4 8 $1,780 $0 $150 $15 $1,780 $0 $165 $1,945

4.2 Responses to Questions and Addenda (2) 2 16 12 6 36 $7,410 $0 $0 $7,410 $0 $0 $7,410 Task 4 - Subtotal 2 20 4 0 12 6 0 0 44 $9,190 $0 $0 $0 $0 $150 $15 $9,190 $0 $165 $9,355 Task 5 - Construction Phase Services (Optional)

5.1 Project Management 8 60 68 $14,320 $0 $0 $14,320 $0 $0 $14,320

5.2 Pre-Construction Meeting (1) 3 3 6 $1,335 $0 $150 $15 $1,335 $0 $165 $1,500

5.3 Construction Progress Meetings (10) 30 30 $7,350 $0 $1,000 $100 $7,350 $0 $1,100 $8,450

5.4 Conformed Set of Contract Documents 4 4 10 8 16 2 44 $7,650 $0 $250 $25 $7,650 $0 $275 $7,925

5.5 Shop Drawing Submittal Review (30 submittals, 8 resubmittals) 103 11 10 28 152 $33,905 $0 $0 $33,905 $0 $0 $33,905

5.6 Request for Information (16) 8 16 4 13 24 65 $13,405 $0 $0 $13,405 $0 $0 $13,405

5.7 Record Drawings 1 2 3 4 33 1 44 $7,085
$0 $250 $25 $7,085 $0 $275 $7,360
Task 5 - Subtotal 16 157 84 36 64 49 0 3 409 $85,050 $0 $0 $0 $0 $1,650 $165 $85,050 $0 $1,815 $86,865 Resolution 2022-120
Exhibit "A"
19 of 20
84 Item6.

KENNEDY/JENKS CONSUL TANTS, INC.
26 City of Escondido | Rincon del Diablo Municipal Water District Treated Water Emergency Interconnect 2022
RATE SHEET AND TOTAL FEE FOR PROJECT  5

Client/Address: City of Escondido
1521 S. Hale Avenue
Escondido, CA 92029

Contract/Proposal: City of Escondido/Rincon del Diablo Municipal Water District Treated Water Emergency Interconnect Project
Schedule of Charges Date: January 1, 2020

PERSONNEL COMPENSATION
Classification Hourly Rate
Engineer -Scientist- Specialist 1 ............................................................................ $130 Engineer -Scientist- Specialist 2 ............................................................................ $165 Engineer -Scientist- Specialist 3 ............................................................................ $185 Engineer -Scientist- Specialist 4 ............................................................................ $200 Engineer -Scientist- Specialist 5 ............................................................................ $220 Engineer -Scientist- Specialist 6 ............................................................................ $245 Engineer -Scientist- Specialist 7 ............................................................................ $270 Engineer -Scientist- Specialist 8 ............................................................................ $290 Engineer -Scientist- Specialist 9 ............................................................................ $305 CAD-Technician .................................................................................................. $120 Senior CAD -Technician ....................................................................................... $140 CAD-Designer ..................................................................................................... $155 Senior CAD -Designer .......................................................................................... $175 Project Administrator ........................................................................................... $130 Administrative Assistant ...................................................................................... $110 Aide ....................................................................................................................... $85 Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus ten percent for items such as:
a. Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies related to the work.
b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Project specific telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work.

Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate.

If prevailing wage rates apply, the above billing rates will be adjusted as appropriate.

Overtime for non-exempt employees will be billed at one and a half times the Hourly Rates specified above.

Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above.

Excise and gross receipts taxes, if any, will be added as a direct expense.

The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2020 through January 31, 2023. After January 31, 2023, invoices will reflect the Schedule of Charges currently in effect.

Resolution 2022-120
Exhibit "A"
20 of 20
85 Item6.

STAFF REPORT

September 14, 2022
File Number 0480-70

SUBJECT
FISCAL YEAR 2021-2022 REGIONAL REALIGNMENT RESPONSE GRANT

DEPARTMENT
Police Department

RECOMMENDATION
Request the City Council Adopt Resolution No. 2022 -128 authorizing the Chief of Police to accept a FY 2021-22 Regional Realignment Response Grant in the amount of $80,000 from the State of California Board of Community Corrections; authorize the Chief of P olice or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds. Funding was provided by Assembly Bill 118 and Senate Bill 89, initiatives to reduce state prison overcrowding and support local law enforcement efforts to efficiently manage offenders and parole-violators. Escondido’s allocation is used to support regional and local enforcement operations. Funds must be used for police officer overtime and associated overhead.

Staff Recommendation: Approval (Escondido Police Department: David Cramer) Presenter: David Cramer, Interim Chief of Police

FISCAL ANALYSIS
The acceptance of this grant will have no impact on the General Fund Budget. The FY 2021 -22 Regional Realignment Response Grant is state funded. Funding will cover expenses through June 30, 2023.

PREVIOUS ACTION

On October 13, 2021, the City Council authorized the Chief of Police to accept an $80,000 FY 2021 Regional Realignment Response Grant.

BACKGROUND
The Escondido Police Department has been allocated $80,000 under the FY 2021-22 Regional Realignment Response Grant through the State of California Board of Community Corrections. T his funding was provided by Assembly Bill 118 and Senate Bill 89, initiatives to reduce state prison overcrowding and support local law enforcement efforts to efficiently manage offenders and parole -violators. These bills allow for the release of subjects into the community from prison before their sentences were fully served, 86 Item7.

putting the responsibility of monitoring them on local law enforcement. Grant funds are used for regional and local enforcement operations to monitor prisoners that were released as a result of Assembly Bill 118 and Senate Bill 89.

ATTACHMENTS
a. Attachment “1” Budget Adjustment

RESOLUTIONS
a. Resolution 2022-128

87 Item7.

RESOLUTION NO. 2022-128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CHIEF OF
POLICE TO ACCEPT A FY 202 1-22 REGIONAL

REALIGNMENT RESPONSE GRANT FROM THE STATE OF

CALIFORNIA BOARD OF COMMUNITY CORRECTIONS IN
THE AMOUNT OF $ 80,000; EXECUTE ALL DOCUMENTS

NECESSARY FOR THE MANAGEMENT AND COMPLETION
OF THE GRANT SCOPE; AND AUTHORIZE THE NECESSARY

BUDGET ADJUSTMENT
WHEREAS, the Regional Realignment Response Grant will be financed from funds made available by the State of California Board of Community Corrections, through Assembly Bill 118 and Senate Bill 89, initiatives to reduce state prison overcrowding and support local law enforcement efforts to efficiently manage offenders and parole-violators; and
WHEREAS, the City of Escondido desires to support local law enforcement efforts in regards to legislation reducing state prison overcrowding; and
WHEREAS, the Escondido Police Department has designated the FY 2021-22 Regional Realignment Response Grant to conduct specific programs to address these goals.

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 authorizes the Chief of Police of the City of Escondido to accept Regional Realignment Response Grant in the amount of $80,000 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. 88 Item7.

4. That grant funds received hereunder shall not be used supplant expenditures controlled by this body.

89 Item7.

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: August 24, 2022 For Finance Use Only
Log #
Fiscal Year
ear
Department: Police Department
Division: Administration
Project/Budget Manager: Lisa Rodelo 4905
Name Extension
Council Date (if applicable): September 14, 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 4127-451-RRRG22 $80,000
Police Grants 451-RRRG22 $80,000
Explanation of Request:

A budget adjustment is needed to receive grant funds and establish a spending account for police officer overtime and overhead expenses related to the FY 2022 Regional Realignment Response Grant funds.

APPROVALS

Department Head Date City Manager Date

Finance Date City Clerk Date
Distribution (after approval): Original: Finance
DocuSign Envelope ID: 9DD7D3A7-C71E-4243-95C3-FEA97B9A61D1 9/6/2022
9/6/2022
Attachment "1"
90 Item7.

STAFF REPORT

September 14, 2022
File Number 0480-70

SUBJECT
FY 2021 STATE HOMELAND SECURITY GRANT PROGRAM AND BUDGET ADJUSTMENT

DEPARTMENT
Police and Fire Departments

RECOMMENDATION
Request the City Council adopt Resolution No. 2022-135, authorizing the Escondido Police Department to accept FY 2021 State Homeland Security Grant funds in the amount of $114,919; authorize the Chief of Police or his designee to execute gr ant documents on behalf of the City; and approve budget adjustments needed to spend grant funds. The County of San Diego Office of Emergency Services has authorized the City of Escondido to spend its funds on equipment to support regional public safety projects. The Fire Department will receive $79,000 and the Police Department will receive $35,919 from this award.

Staff Recommendation: Approval (Police Department: David Cramer, Interim Chief of Police) Presenter: David Cramer, Interim Chief of Police; Rick Vogt, Fire Chief

FISCAL ANALYSIS
The acceptance of this grant will have no impact on the General Fund Budget. The State Homelan d Security Grant Program is federally funded. There is no match requirement.

PREVIOUS ACTION
On November 3, 2021, the City Council authorized the Police and Fire Departments to accept a 2020 State Homeland Security Program Grant award in the amount of $120,718. The City of Escondido began participating in the State Homeland Security Grant Program in 2003. As a result of this program, the City of Escondido has received valuable safety equipment and preparedness funding.

BACKGROUND
The implementation of the State Homeland Security Management G rant program is to support state, local, tribal and territorial efforts to prevent terrorism and other catastrophic events.

The Escondido Police and Fire Departments applied for FY 2021 State Homeland Security Grant Program funds in April 2021. The departments received notification in July 2022 that the application was approved 91 Item8.

for $114,919 in funding . The County of San Diego Office of Emergency Services authorized the City of Escondido to utilize funding on equipment to support regional public safety projects. The funding amount received is based on a formula that considers the jurisdiction’s population and number of first responder personnel. Funds may be used to purchase the following approved items:
 $27,100 – Police Department – Truck box
o Grant funds may be used to cover the cost of a truck box to be placed on top of an existing chassis owned by the Ci ty of Escondido. The truck box will be modeled specifically to carry equipment for officers who respond to emergencies. This will allow for a quicker response time when an emergency occurs.
 $ 8,819 – Police Department – Equipment and software for criminal investigations o Grant funds may be used to cover the cost of technology software to enhance investigative capabilities. These software packages will help analysts and detectives pinpoint areas of criminal activity. The information will then be used to strategically deploy resources to prevent crimes and improve community safety.  $79,000 – Fire Department – Radios were requested in the original application, but the request will be modified to an SCBA air compressor.
o When the FY 2021 grant application was submitted, the Fire Department had a need to utilize $79,000 in grant funds to purchase new VHF portable radios. However, Escondido Fire was able to use FY 2020 SHSGP grant funds to purchase the radios. E scondido Fire Department has now applied for a modification to the FY 2021 SHSGP award to utilize the funding to purchase and install an air compressor to fill self -contained breathing apparatus cylinders th at are used to fight fire and enter spaces with hazardous environments. This use of SHSGP funds is on a pre-established use approval list.

RESOLUTIONS
a. Resolution No. 22-135

ATTACHMENTS
a. Attachment “1” – Budget adjustment
92 Item8.

RESOLUTION NO. 2022-135

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CHIEF OF
POLICE TO ACCEPT THE FY 2021 STATE HOMELAND
SECURITY GRANT IN THE AMOUNT OF $114,919;
EXECUTE ALL NECESSARY GRANT DOCUMENTS; AND

AUTHORIZE THE NECESSARY BUDGET ADJUSTMENT
WHEREAS, the City of Escon dido desires to obtain updated equipment and software for emergency preparedness for Police and Fire Departments; and WHEREAS, the Escondido Police and Fire Departments have designated the FY 2021 State Homeland Security Grant to address this goal; and
WHEREAS, the FY 2021 State Homeland Security Grant Program has designated $114,919 to be awarded to the City of Escondido for this purpose.

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

1. That the above recitations are true.

2. That the City Council authorizes the Chief of Police of the City of Escondido to accept the FY 2021 State Homeland Security Grant in the amount of $114,919 and execute all documents necessary for the management and completion of the grant scope , including any extensions and amendmen ts thereof.

3. That the City Council hereby also approves and authorizes th e necessary budget adjustment needed to establish a new project number for tracking and spending of grant funds. 93 Item8.

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: August 29, 2022 For Finance Use Only
Log #
Fiscal Year
ear
Department: Police and Fire Departments
Division: Administration
Project/Budget Manager: Lisa Rodelo 4905
Name Extension
Council Date (if applicable): September 14, 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 $114,919
Police Grants 451-New Project Number $114,919
Explanation of Request:

A budget adjustment is needed to spend grant funds for FY 2021 State Homeland Security Grant Program equipment expenses.

APPROVALS

Department Head Date City Manager Date

Finance Date City Clerk Date
Distribution (after approval): Original: Finance
DocuSign Envelope ID: 5BCFB3FD-55CD-485A-8796-BB3142E4A776 9/6/2022
9/6/2022
Attachment "1"
94 Item8.

STAFF REPORT
September 14, 2022
File Number 0690-40

SUBJECT

RESOLUTION OF INTENT TO VACATE A PORTION OF VALLEY BOULEVARD, GRAPE STREET, FIG STREET

AND ADJACENT ALLEY

DEPARTMENT
City Manager

RECOMMENDATION
Request the City Council approve Resolution No. 2022-125 to set October 12, 2022 as the date to conduct a hearing to consider authorizing the street vacation for portions of the public streets known as Valley Parkway, Grape Street, Fig Street and adjoining alley.

Staff Recommendation: Approval (City Manager: Jennifer Schoeneck) Presenter: Vince McCaw, Real Property Manager

FISCAL ANALYSIS
The $1,670.00 Street Vacation processing fee has been paid into the General Fund.

PREVIOUS ACTION
None.

BACKGROUND
A developer has purchased the property for the Palomar Heights Project Development project and has requested to vacate portions of public streets known as Valley Parkway, Grape Street, Fig Street and adjoining alley, which will be necessary for the proposed development. California Streets and Highways Code § 8324 (a) requires that City Council shall hear evidence offered by persons interested.

The State of California Streets and Highways Code Section 8320, et seq. authorizes the City to vacate a street if the City Council finds that such street or portion of the street is unnecessary for present or prospective public use. The City Council may initiate street vacation proceedings by adopting a Resolution of Intent to Vacate and setting a Public Hearing on the proposed vacation. The notice requirements for the Public Hearing are as follows:
95 Item9.

Notice of the Public Hearing must be published in the newspaper for at least two successive weeks prior to the Public Hearing, as required by the California Street and Highways Code, Section 8322. Notices of the Public Hearing must be posted on the street proposed to be vacated at least two weeks before the date set for the hearing, in conformity with and in the manner provided by California Streets and Highways Code, Section 8323.

If, at the conclusion of the Public Hearing, the City Council finds the street right -of-way proposed to be vacated is unnecessary for present or prospective public street use, the City Council may adopt a resolution vacating the street right-of-way.

RESOLUTIONS
a. Resolution No. 2022-125
b. Resolution No. 2022-125 - Exhibit “A” Legal Description c. Resolution No. 2022-125 - Exhibit “B” Plat Depiction

96 Item9.

RESOLUTION NO. 2022-125

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, OF INTENTION TO VACATE

AND ABANDON PORTIONS OF PU BLIC STREET S AND

ALLEY, SPECIFICALLY DESCRIBED HEREIN, LOCATED IN

THE CITY OF ESCONDIDO, AND SETTING A PUBLIC

HEARING TO RECEIVE PROTESTS

WHEREAS, as part of the Palomar Heights Development Project, the vacation of portions of certain City streets known as Valley Parkway, Grape Street, Fig Street and adjoining alley, and more specifically identified and described in Exhibits “A” and “B” hereto, is needed; and WHEREAS, the Escondido Planning Commission having made findings consistent with the proposed vacation of c ertain City streets and an alleyway to be consistent with the Escondido General Plan; and
WHEREAS, the City Council of the City of Escondido, California, having received the recommendations of the Manager of Real Property and staff, and being fully advised in the premises, finds that it is in the public interest and convenience to hold a public hearing in order to consider the City Council’s intent to vacate and abandon portions of the herein described streets and adjoining alley.

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 it is the intention of the City Council to order a portion of the public streets known as Valley Parkway, Grape Street, Fig Street, and adjoining alley as more fully described in Exhibits “A” and “B” hereto to be vacated, abandoned, and closed to public use. 97 Item9.

3. That portions of the public street and alley proposed to be vacated are legally described in Exhibit “A” and depicted on plats in Exhibit “B.” Exhibits “A” and “B” are attached to this resolution and are incorporated by this reference.

4. That this street vacation shall be conducted pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation L aw, which is incorporated in Part 3, Division 9, Chap. 1 commencing at § 8300 of the California Streets and Highways Code.

5. That notice is hereby given that the City Council will hear protests made by any person interested in or objecting to the said p roposed street vacation at 5:00 p.m. on Wednesday, October 12, 2022, at the City Council Chambers, 201 North Broadway, Escondido, California.

6. That the City Clerk shall cause a copy of this resolution to be published consistent with the California Streets and Highways Code § 8322, to post at least three notices of vacation along the line of the proposed streets and alley to be vacated at least two weeks prior to the hearing in accordance with California Streets and Highways Code § 8323, and to send notice to affected public utility companies, if any, at least two weeks prior to the hearing.
98 Item9.

PAGE 1 OF 3
:ML m:\2445\28\legal description\a01 onsite street vacations.docx EXHIBIT “A”

CITY OF ESCONDIDO

PUBLIC STREET VACATION
THAT CERTAIN 20.00 FOOT WIDE ALLEY IN BLOCK 34 OF PALOMAR MEMORIAL

HOSPITAL SUBDIVISION, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2574 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 1, 1949 TOGETHER WITH

THOSE PORTIONS OF VALLEY BOULEVARD, GRAPE STREET, AND FIG STREET AS

DEDICATED TO THE PUBLIC FOR USE AS STREETS PER SAID MAP, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL A1 (VALLEY BOULEVARD)
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 20 IN BLOCK 64 OF TOWN 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 SAID COUNTY RECORDER JULY 10, 1886; THENCE ALONG THE EASTERLY LINE OF SAID BLOCK 64 SOUTH 05°27’07” WEST, 84.09 FEET TO THE BEGINNING OF A NON-TANGENT 883.50 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 82°23’55” WEST; THENCE LEAVING SAID EASTERLY LINE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°51’06” A DISTANCE OF 90.23 FEET TO THE NORTHEASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID BLOCK 64; THENCE ALONG SAID PROLONGATION SOUTH 59°39’59” WEST, 9.84 FEET TO THEPOINT OF BEGINNING.

CONTAINS 266 SQUARE FEET, MORE OR LESS.

PARCEL A2 (VALLEY BOULEVARD)
BEGINNING AT THE SOUTHEAST CORNER OF LOT 8 IN BLOCK 64 OF SAID MAP NO. 336; THENCE ALONG THE EASTERLY LINE OF SAID BLOCK 64 NORTH 05°27’07” EAST, 175.23 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 04°58’00” WEST, 21.91 FEET TO THE BEGINNING OF A 643.50 FOOT RADIUS CURVE CONCAVE EASTERLY;

THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°40’19” A DISTANCE OF 142.32 FEET TO THE NORTHEASTERLY PROLONGATION Resolution No. 2022-125
Exhibit "A"

99 Item9.

PAGE 2 OF 3
:ML m:\2445\28\legal description\a01 onsite street vacations.docx OF THE SOUTHERLY LINE OF SAID BLOCK 64; THENCE ALONG SAID PROLONGATION SOUTH 59°40’23” WEST, 21.02 FEET TO THEPOINT OF BEGINNING.

CONTAINS 950 SQUARE FEET, MORE OR LESS.

PARCEL A3 (VALLEY BOULEVARD)
COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 338 OF SAID MAP NO. 2574; THENCE ALONG THE NORTHWESTERLY LINE OF SAID BLOCK NORTH 05°27’07” EAST,

55.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 05°27’07” EAST, 292.53 FEET TO THE BEGINNING OF A NON-TANGENT 810.50 FOOT

RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 76°41’04” WEST; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°20’56” A DISTANCE OF 118.10 FEET; THENCE SOUTH 04°58’00” WEST, 86.05 FEET; THENCE SOUTH 85°02’00” EAST, 3.67 FEET; THENCE SOUTH 04°58’00” WEST, 19.00 FEET; THENCE NORTH 86°23’52” WEST, 3.51 FEET TO THE BEGINNING OF A NON-TANGENT 570.50 FOOT

RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86°23’52” WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°01’48” A DISTANCE OF 70.00 FEET TO THETRUE POINT OF BEGINNING.

CONTAINS 1,575 SQUARE FEET, MORE OR LESS.

PARCEL B (GRAPE STREET)

COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF GRAND AVENUE, DEDICATED FOR PUBLIC USE PER SAID MAP NO. 2574, WITH THE EASTERLY LINE OF

SAID GRAPE STREET, BEING THE SOUTHEAST CORNER OF THAT PORTION OF GRAPE

STREET PREVIOUSLY VACATED AND CLOSED TO PUBLIC USE BY ORDINANCE OF THE CITY OF ESCONDIDO NO. 764 RECORDED MAY 29, 1961 AS FILE NO. 92029; THENCE ALONG SAID VACATED GRAPE STREET NORTH 11°38’41” EAST, 164.21 FEETTO THE SOUTHERLY LINE OF SAID ALLEY AND THE TRUE POINT OF BEGINNING; THENCE

ALONG THE SOUTHWESTERLY PROLONGATION OF SAID SOUTHERLY LINE SOUTH 70°06’06” WEST, 46.93 FEET TO THE CENTERLINE OF SAID GRAPE STREET; THENCE LEAVING SAID PROLONGATION ALONG SAID CENTERLINE NORTH 11°38’41” EAST, Resolution No. 2022-125
Exhibit "A"

100
Item9.

Resolution No. 2022-125
Exhibit "A"

101
Item9.

Resolution No. 2022-125
Exhibit "B"

102
Item9.

ENGINE

ERING SERVICES
C
ity of Choice
201
North Broadway, CA 92025 (760) 839-4651H

UNSAKER
& ASSOCIATES
S A N D I E G O, I N C.
9707 Waples Street (858)558-4500
San Diego, CA 9212
1 ENGINE

ERING SERVICES
C
ity of Choice
201
North Broadway, CA 92025 (760) 839-4651H

UNSAKER
& ASSOCIATES
S A N D I E G O, I N C.
9707 Waples Street (858)558-4500
San Diego, CA 9212
1 Resolution No. 2022-125
Exhibit "B"

Item9.

ENGINE

ERING SERVICES
C
ity of Choice
201
North Broadway, CA 92025 (760) 839-4651H

UNSAKER
& ASSOCIATES
S A N D I E G O, I N C.
9707 Waples Street (858)558-4500
San Diego, CA 9212
1 ENGINE

ERING SERVICES
C
ity of Choice
201
North Broadway, CA 92025 (760) 839-4651H

UNSAKER
& ASSOCIATES
S A N D I E G O, I N C.
9707 Waples Street (858)558-4500
San Diego, CA 9212
1 Resolution No. 2022-125
Exhibit "B"

Item9.

STAFF REPORT

September 14, 2022
File Number 0810-20

SUBJECT

AN AMENDMENT TO THE ESCONDIDO MUNICIPAL AND ZONING CODE S TO CREATE OBJECTIVE DEVELOPMENT STANDARDS FOR THE IMPLEMENTATION OF SENATE BILL 9 (PLANNING CASE NO. PL22- 0363)

DEPARTMENT
Development Services (Planning Division)

RECOMMENDATION
Request that the City Council consider the introduction and adoption of Ordinance No. 2022 -19R, approving an amendment to the Escondido Municipal and Zoning Codes to create objective development standards for the local implementation of Senate Bill 9.

Staff Recommendation: Approval (Development Services: Andrew Firestine) Presenter: Sean Nicholas, Principal Planner

FISCAL ANALYSIS
Adoption of the Senate Bill 9 (“SB 9”) Implementing Ordinance will have no direct fiscal impact on the City. As proposed, a Major Plot Plan fee will be assessed on every SB 9 application for a two-family dwelling and a Tentative Parcel Map and Parcel Map fee will be assessed on every SB 9 application for an urban lot split. These fees will offset staff resources required to review the applications.

PREVIOUS ACTION
On August 24. 2022, the City Council directed staff to continue this item to a future date.

BACKGROUND AND ANALYSIS

On January 1, 2022, SB 9 went into effect statewide. SB 9 is part of the State legislature’s effort to increase housing production throughout California, and establishes two major provisions to help accommodate this: it allows for two primary dwelling units to be developed on parcels zoned for single-family residences as the primary use (“two-family dwellings”); and it creates an administrative process to allow for the subdivision of parcels zoned for single-family residences as the primary use (“urban lot splits”).

105
Item10.

Government Code Section 65852.21(b), allows for jurisdictions to adopt local requirements to regulate development of properties pursuant to SB 9, as long as the requirements are objective and not in conflict with the provisions of the bill. The provisions included in t he draft implementing ordinance under consideration are intended to provide clarity on the City’s objective development standards related to projects undertaken pursuant to SB 9. They also identify the permitting process for such projects.

Provisions related to two-family dwellings are identified in draft Escondido Zoning Code section 33 -115, and those related to urban lot splits can be found in section 33-116.

At its August 24, 2022, meeting, the City Council conducted a public hearing and received a staff report and presentation regarding the proposed Municipal and Zoning Code amendments. A copy of the staff report from that meeting is included with this report as Attachment 1 for reference. At that public hearing, the City Council requested additional information in the form of graphics and other exhibits to provide a clearer picture of what the impacts of developments undertaken pursuant to SB 9 would be , and continued the hearing to a future date so that staff could provide the additional information requested.

That information is contained in this report.

It is important to note that City regulations cannot be more restrictive than those prescribed in the SB 9.

In light of such limitation, staff has drafted code language intended to ince ntivize compatibility with the existing community character and development patterns , and also applied development standards in instances where SB 9 is silent.

Two-Family Dwellings

Table 1 below provides a summary of development standards for two-family dwelling projects undertaken pursuant to SB 9 and identifies the areas where additional objective standards have been applied in the draft Zoning Code amendment. Absent adoption of the local SB 9 Implementing Ordinance, developments undertaken pursuant to SB 9 are not subject to the development standards prescribed in the local ordinance. A more detailed table has also been provided as Attachment 2 to this staff report.

106
Item10.

Table 1: Development Standards

Development Standard SB 9 Requirement Proposed Escondido Requirement Number of Units 4
(2 primary dwelling units 2 ADUs)
Same
Unit Size Min Allowed: 800 square feet
Max Allowed: None

Min Allowed: 400 square feet
Max Allowed: 800 square feet*
Setbacks Front: Not addressed
Side: 4 feet
Rear: 4 feet
Front: Per underlying zone
Side: 4 feet
Rear: 4 feet
Building Separation Not addressed Per underlying zone
Height No limitation 16 feet/1-story*
Parking 1 space per unit** 1 covered space per unit**
Access No requirements - 20 foot wide driveway constructed per City standards
- Emergency, public facilities/utility,
and access easements required
Design/Construction
Standards
No requirements - Same colors and materials
- Permanent foundation
- Full kitchen
- Shared water and sewer connection
and meter
Rental Terms (if rented) 30-day minimum Same
Process Ministerial Major Plot Plan
* May be increased for developments on larger lots that are consistent with development standards of the underlying zoning, do not contain ADUs, and subject to other regulations ** Waived if less than ½ mile of public transit or 1 block of car share

Staff would like to draw attention to development standards that affect the maximum unit size allowance.

As noted in Table 1, in most circumstances the draft ordinance would limit the unit size to the minimum the City could allow pursuant to SB 9 (800 square feet), and building heights would be limited to 16 feet and one story. However, staff has included language in the draft ordinance that would allow increases in size and height for two-family dwellings under certain circumstances. Specifically, the projects must be on larger-than-standard lots; both dwelling units would have to be consistent with the setbacks, floor area, 107
Item10.

and lot coverage requireme nts applicable to the underlying zone; the lot cannot have any ADUs (either currently or in the future); and the project would have to provide two covered parking spaces per unit.

Under these provisions, the maximum size for a two -family dwellings could be up to 2,000 square feet, provided the parcel is at least one acre in size. More detail on this is provided in Attachment 2. Allowing this increase would incentivize a developer to build within development envelope of the underlying zone.

This helps mainta in the character of the neighborhood while also providing housing options that can accommodate larger families.

Urban Lot Splits

As described in the August 24, 2022, staff report, in addition to allowing two primary dwelling units on a property, SB 9 also establishes provisions for urban lot splits. An urban lot split is the subdivision of one existing parcel into two parcels in an urbanized area, and must be permitted in single -family residential zones in most circumstances. Each new lot created as part of an urban lot split must be at least 1,200 square feet and at least 40% of the size of the existing lot. Construction of homes on lots created by an urban lot split must comply with the development standards in Table 1 above, except that only two units are permitted on each lot created via an urban lot split instead of four . Additionally, parcels created via an urban lot split shall not be required to dedicate land for public right(s)-of-way nor to provide off-site (frontage) improvements, and shall not be required to correct nonconforming zoning conditions.

Additional Requirements

The following additional provisions apply to both two-family dwellings and urban lot splits:

- Allowed only on parcels where single-family residential development is the primary use:
o R-1 Zone
o R-E Zone
o Some specific plans
- Prohibited in the following locations:
o Agricultural, multi-family, and mixed use zones, even if single-family residential uses are permitted
o Commercial and industrial zones
o Historic districts and local-register properties
o Properties requiring demolition or alteration of affordable housing units or units occupied by a tenant in the last three years
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Item10.

o Environmentally sensitive properties
- Deed restriction or notes on parcel maps stipulating compliance with applicable provisions

Associated Municipal and Zoning Code Amendments
Minor revisions to other sections of the Escondido Municipal and Zoning Codes are necessary In order to ensure consistency with proposed sections 33-115 and 33-116 of the Zoning Code. Zoning Code revisions include a new definition of an Urban Lot Split in section 33 -8 of Article 1, references to two -family development standards in sections 33-90, 33-95, 33-97, 33-106 and 33-107, and tables 33-94 and 33-98a of Article 6, and processing requirements in section 33 -1314 of Article 61. Revisions to the Escondido Municipal Code are proposed to sections 23-47, 23-119, 23-120, and 32-204.02, to address limitations on right-of-way dedications and public improvements.

Revisions to the Municipal and Zoning Code are identified in strike-thru/underline format in Attachment 3 to this report, and are incorporated into Exhibit “B” to draft City Council Ordinance 2022-19R. Exhibits depicting potential two-family dwelling and urban lot split developments are included as Attachment 4.

ENVIRONMENTAL REVIEW
Pursuant to Government Code Sections 65852.21(j) and 66411.7(n), adoption of local requirements consistent with the provisions of SB 9 are not subject to CEQA.

ATTACHMENTS

1. Attachment 1 – August 24, 2022, City Council Staff Report

2. Attachment 2 – Table comparing SB 9 development standards to local ordinance development standards

3. Attachment 3 – Draft Zoning and Municipal Code Amendment language ( strike- thru/underline)

4. Attachment 4 – Two-family Dwelling and Urban Lot Split development examples

ORDINANCES

1. Ordinance No. 2022-19R

2. Ordinance No. 2022-19R Exhibit “A”

3. Ordinance No. 2022-19R Exhibit “B”

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Item10.

SB9-PLANNING CASE NO. PL22-0363
Attachment 1

STAFF REPORT
August 24, 2022
File Number 0810-20

SUBJECT

AN AMENDMENT TO THE ESCONDIDO MUNICIPAL AND ZONING CODES TO CREATE OBJECTIVE DEVELOPMENT STANDARDS FOR THE IMPLEMENTATION OF SENATE BILL 9 (PLANNING CASE NO. PL22- 0363)

DEPARTMENT
Development Services (Planning Division)

RECOMMENDATION
Request that the City Council consider the introduction and adoption of Ordinance No. 2022 -19, approving an amendment to the Escondido Municipal and Zoning Codes to create objective development standards for the local implementation of Senate Bill 9.

Staff Recommendation: Approval (Development Services: Andrew Firestine, Director of Development Services)
Presenter: Sean Nicholas, Principal Planner

FISCAL ANALYSIS
Adoption of the Senate Bill 9 (“SB 9”) Implementing Ordinance will have no direct fiscal impact on the City. As proposed, a Major Plot Plan fee will be assessed on every SB 9 application for a two-family dwelling and a Tentative Parcel Map and Parcel Map fee will be assessed on every SB 9 application for an urban lot split. These fees will offset staff resources required to review the applications.

PREVIOUS ACTION
None.

BACKGROUND AND ANALYSIS
On January 1, 2022, SB 9 went into effect statewide. SB 9 is part of the State legislature’s effort to increase housing production throughout California, and establishes tw-o (2) major provisions to help accommodate this: it allows for two (2) primary dwelling units to be developed on parcels zoned for single -family residences as the primary use (“two-family dwellings”); and it creates an administrative process to allow for the subdivision of parcels zoned for single-family residences as the primary use (“urban lot splits”).

Attachment "1"
110
Item10.

SB9-PLANNING CASE NO. PL22-0363
Attachment 1

Government Code Section 65852.21(b), allows for jurisdictions to adopt local requirements to regulate development of properties pursuant to SB 9, as long as the requirements are objective and not in conflict with the provisions of the bill. The provisions included in the draft implementing ordinance under consideration are intended to provide clarity on the City’s objective development standards related to projects undertaken pursuant to SB 9. They also identify the permitting process for such projects.

Provisions related to two-family dwellings are identified in draft Escondido Zoning Code section 33 -115, and those related to urban lot splits can be found in section 33-116.

Planning Commission reviewed the proposed Escondido Zoning Code amendment on July 1 2, 2022, and recommended unanimously that City Council approve the proposed changes.

Objective Development Standards

Any development standards established by a local government to implement the provisions of SB 9 must be objective (not subject to discretion) and known in advance, and cannot be more restrictive than those prescribed in the bill. Staff has identified objective development standards including limitations to number of units, unit size, height limitations, and parking requirements, among others, that have been tailored to the extent possible to maintain the character of existing single -family neighborhoods. As such, it is important to note that staff has provided flexibility in certain development standards in order to encourage more -livable dwelling units where impacts to the surrounding neighborhoods can be minimized. All objective standards included in the draft ordinance are consistent with the limitations set forth in SB 9.

Number of Units – SB 9 allows the owner of an existing parcel currently zoned for single-family residential use to apply for an urban lot split resulting in two lots, and to apply to develop two residential units on a single lot. Consistent with SB 9, the draft ordinance allows for ministerial review of those applications, in conjunction with existing laws relating to accessory and junior accessory dwelling units. If an existing parcel is divided pursuant to section 33-116, each lot will be limited to no more than two total units.

Two-Family Dwellings

Unit Size Limitations – SB 9 limits the ability of local jurisdictions to require a unit be less than 800 square feet. This does not prevent applicants from proposing less than 800 square feet for each unit. For the purposes of compatibility with existing neighborhoods, staff has included provisions in the draft ordinance requiring minimum unit size of 400 square feet. In addition, for portions of the community with larger lots Attachment "1"
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Item10.

SB9-PLANNING CASE NO. PL22-0363
Attachment 1

that propose to utilize the provisions of the ordinance pertaining to two-family dwellings, clear objective standards based primarily on lot area would allow units to be a maximum of 2,000 square feet of living space, provided all provisions of the underlying zoning district are adhered to.

Height Limitations – Similar to recent state- mandated housing legislation, local provisions and units created consistent with SB 9 are allowed to have a minimum side and rear setback of four (4) feet, and a height of 16 feet. Consistent with those requirements, any development utilizing provisions of the ordinance pertaining to two -family dwellings and having minimum side and/or rear setbacks less than that required in the underlying zone, are limited to a maximum of one-story and 16 feet in height. This is directly consistent with the State requirements. If a proposed development undertaken pursuant to the provisions the ordinance pertaining to two -family dwellings is consistent with the setbacks of the underlying zone, height limitations shall also be permitted to be consist ent with those allowed in the underlying zone. Again, the emphasis of this regulation is consistency with State law, while allowing for developments to be in character with the neighboring residential development.

Parking Requirements – SB 9 allows local jurisdictions to require up to one (1) onsite parking space for each dwelling unit created unless proximity requirements to public transportation options are met, in which case no parking can be required. To be consistent with standard parking requirements for a single- family residential development, the draft ordinance requires one parking space for each unit that does not meet the public transportation proximity exclusion. SB 9 is silent regarding whether parking needs to be covered, however to ensure co mpatibility with surrounding residential developments, the draft ordinance requires the parking space to be covered and to be on the same parcel as the unit which the parking space serves. A maximum of a 450 square foot garage or covered parking area has b een set for any residential unit created pursuant to the implementing ordinance.

Urban Lot Splits

The second change created by SB 9 is the establishment of Urban Lot Splits. Draft Escondido Zoning Code section 33-116 identifies requirements for processing an Urban Lot Split. As ministerial actions, urban lot splits are approved at staff level and do not require a public hearing unless other aspects of the project would require such. Applicable provisions of the Subdivision Map Act must still be met, but the goal is to streamline the process. Any lot created utilizing section 33-116 must be at least 1,200 square feet in size, and no resulting lot can be less than 40% of the original parcel area. Any parcel created pursuant to section 33-116 cannot be further subdivided in the future. Additionally, any parcel created pursuant to this section is limited to two residential units, consistent with the objective development standards described above.

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As with the draft provisions of section 33-115, requirements set forth in section 33-116 are only applicable in the R-E and R-1 zones, and on parcels in specific plans designated for single -family residential uses as the primary use.

Additional Zoning and Municipal Code Amendments

In order to implement the provisions of SB 9, revisions to other sections of the Escondido Municipal and Zoning Codes have been identified. The revisions to the Zoning Code are required to provide inte rnal consistency and compliance with SB 9. The revisions to the Municipal Code address SB 9 exemptions from right-of-way dedication and installation public improvements. Both revisions are included in strike - thru/underline format in Attachment “1” to this report, and are incorporated into Exhibit “B” to draft City Council Ordinance No. 2022-19.

Applicability of SB 9 Provisions

Draft Escondido Zoning Code sections 33-115 and 33-116 apply to parcels zoned primarily for single-family residential use, including the estate residential (R -E) and single-family residential (R-1) zones, as well as properties in specific plans where the property is intended for development with one single -family residence. The provisions of Sections 33 -115 and 33 -116 do not apply to properties in the agriculture residential (R-A) zone, any multi -family residential zones, or any areas designated for non -residential or mixed-use zoning.

ENVIRONMENTAL REVIEW

Pursuant to Government Code Sections 65852.21(j) and 66411.7(n), adoption of local requirements consistent with the provisions of SB 9 are not subject to CEQA.

ATTACHMENTS

1. Attachment “1”- Draft Zoning and Municipal Code Amendment language

ORDINANCES

1. Ordinance No. 2022-19

2. Ordinance No. 2022-19 Exhibit “A”

3. Ordinance No. 2022-19 Exhibit “B”
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Two-family Dwelling
Units
SB 9 Local Ordinance
Location  Single-family residential zones - 65852.21(a)  Not on a property included on the State Historic Resources Inventory, or within a site that is designated or listed as a city or county landmark or historic resource or district  Excludes those properties described in 65913.4(B) through (K)  R-E and R-1 zones and on properties in specific plans intended primarily for single-family use - 33-115(e)  Excludes parcels with legal nonconforming uses or structures unless brought into conformance - 33- 115(e)(2)(F)
 Same exceptions as SB 9
Floor Area  Local agencies must allow at least 800 square feet per unit - 65852.21(b)(2)(A)  Unit size is set at a minimum of 400 square feet and a maximum of 800 square feet unless additional conditions are met - 33-115(f)(1)
 Exceptions to the minimum and maximum unit size allow for a maximum unit size of 1,200; 1,500; or 2,000 based on a series of locally controlled criteria in - 33-115(f)(1)(B):
o Lot size (1.5x for 1,200sf unit; 1.5x and at least 20,000sf for 1,500sf unit; and at least 1 acre for 2,000sf unit)
o No existing ADU /JADU and deed restriction prohibiting the construction of an ADU/JADU o Covered parking spaces (2 per unit)
o Maximum garage size for 1,200 sf unit
o Setbacks per underlying zone
o Complies with maximum floor area ratio (FAR) and lot coverage Setbacks  Up to four feet from the side and rear lot lines for new structures - 65852.21(b)(2)(B)(ii)  No requirement for existing structure or structure constructed in the same location and to the same dimensions as existing - 65852.21(b)(2)(B)(i)
 No less than four feet from side and rear lot lines - 33-115(f)(2)(A)  Projections into setbacks not allowed - 33-115(f)(2)(B)  Front setback measured from ultimate right-of-way - 33-115(f)(2)(C)  Setback requirements not applicable for existing structure or new structure constructed in the same location as an existing structure - 33-115(f)(2)(D)
 Minimum separation requirements between structures - 33-115(f)(2)(E)  Structures with less than 10 feet of separation must meet fire construction standards - 33-115(f)(2)(F) Height  Not addressed  When located in the rear or side setback of the underlying zone district (and up to 4 feet), limited to 16 feet in height and one-story - 33-115(f)(3)(A)
 If it meets setbacks for underlying zoning district, allowed up to maximum height of zoning district - 33- 115(f)(3)(B)
Parking  Up to one space per unit - 65852.21(c)(1)1  One on-site covered parking space per unit and not in tandem - 33-115(f)(4)  Same exceptions as SB 9
Access  Not addressed  Driveway width must be a minimum of 20 feet and must be paved; minimum vertical clearance of at least 13.5 feet - 33-115(f)(5)(A)
 Access must meet city standards (dead ends, fire access) and easements for emergency access, public facilities, utilities, and/or access required - 33-115(f)(5)(B) Design and Construction
Standards
 Not addressed  New structures may not be oriented to the side or rear property line unless they meet the setbacks in the underlying zoning district - 33-115(f)(6)
 Units must be constructed on permanent foundation and connected to public sewer or septic approved by County - 33-115(f)(7)
 Requires full kitchen facilities and washer/dryer hookups for each unit - 33-115(f)(8)  Units must share the same water and sewer utility connections and meter - 33-115(f)(9)  Colors and materials need to match - 33-115(g)(5)
Short-term Rentals  Any rental must be for a term longer than 30 days - 65852.21(e)  Same standard as SB 9 - 33-115(g)(2) ADU/JADUs  Local agency not required to permit an ADU or JADU on parcels that were created through an urban lot split and have a two-family dwelling unit - 65852.21(f)  Any existing parcel may be permitted to construct up to four total units - 33-115(g)(7)(B)2 Process  Ministerial, without discretionary review - 65852.21(a)  Approval by the director through a major plot plan application - 33-115(c) 1Except when a parcel is located within one-half mile walking distance of a high-quality transit corridor or major transit stop or there is a car share vehicle located within one block of the parcel 2This could be achieved through: 1) urban lot split with two-family dwelling units on each new lot; 2) two-family dwelling unit with an ADU/JADU for each unit; or 3) urban lot split with single-family dwellings on each new lot with an ADU/JADU for each unit
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Urban Lot Split SB 9 Local Ordinance
Location  Single-family residential zones - 66411.7(3)(A)  Not on a property included on the State Historic Resources Inventory, or within a site that is designated or listed as a city or county landmark or historic resource or district  Excludes those properties restricted for use as affordable housing or subject to rent control  Single-family residential zones - 33-116(a)
 Same exceptions as SB 9
Parcel Size  Newly created parcels must be at least 1,200 square feet in size except where a local agency adopts a smaller minimum lot size - 66411.7(a)(2)
 New parcel shall not be smaller than 40 percent of the area of the original parcel- 66411.7(a)(1)
 Same standards as SB 9
Number of Units, Setbacks, Unit
Size, Parking Requirements
 Local agency not required to permit more than two units on a parcel created by an urban lot split - 66411.7(j)
 Up to four feet from the side and rear lot lines for new structures - 66411.7(c)(3)(B)  No requirement for existing structure or structure constructed in the same location and to the same dimensions as existing - 66411.7(c)(3)(A)
 Local agencies must allow at least 800 square feet per unit - 66411.7(c)(2)  Parking may be required up to one space per unit - 66411.7(e)(3)1  Maximum of two units for any parcel created by an urban lot split - 33-116(g)  Setbacks, unit size, and parking requirements as two-family dwelling units - 33-116(f)(2) o Unit size is set at a minimum of 400 square feet and a maximum of 800 square feet unless additional conditions are met - 33-115(f)(1)
o Exceptions to the minimum and maximum unit size allow for a maximum unit size of 1,200; 1,500; or 2,000 based on a series of locally controlled criteria in - 33-115(f)(1)(B):
 Lot size (1.5x for 1,200sf unit; 1.5x and at least 20,000sf for 1,500sf unit; and at least 1 acre for 2,000sf unit)
 No existing ADU /JADU and deed restriction prohibiting the construction of an

ADU/JADU
 Covered parking spaces (2 per unit)
 Maximum garage size for 1,200 sf unit
 Setbacks meet minimum setbacks for underlying zone
 Complies with maximum floor area ratio (FAR) and lot coverage Access and Easements  Local agency may require:
o That parcels have access to, provide access to, or adjoin the public right-of-way - 66411.7(e)(2)
o Easements for public services and facilities - 66411.7(e)(1)  Each dwelling unit and parcel shall have access to, provide access to, or adjoin the public right-of-way - 33-116(k)
 Access must be a minimum of 20 feet in width - 33-116(j)  Easements shall be provided for the provision of public facilities, utilities, access, and/or emergency access - 33-116(k)
Occupancy  Restricted to residential uses - 66411.7(f)  Owner occupancy required of one of the housing units as a principal residence for a minimum of three years - 66411.7(g)(1)
 Rental of any unit shall be for a term longer than 30 days - 66411.7(h)  Same as SB 9
Non-conforming Zoning Conditions  Local agency prohibited from conditioning approval on the correction of non-conforming zoning conditions - 66411.7(i)
 Same as SB 9
Process  Ministerial, without discretionary review - 66411.7(b)(1)  Approval by the director as a tentative parcel map - 33-116(o) 1Except when a parcel is located within one-half mile walking distance of a high-quality transit corridor or major transit stop or there is a car share vehicle located within one block of the parcel

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NEW Z
ONING CODE SECTIONS:

Sec. 33-115. Two-family dwellings in single-family residential zones and specific plans
(a) Purpose. The purpose of section 33-115 is to appropriately regulate qualifying Senate Bill 9 two-family dwelling unit developments within single-family residential zones in accordance with California Government Code section 65852.21. (b) For the purposes of this section and section 33- 116 only , the term two -family dwelling shall mean two (2) attached or detached units on single- family zoned properties, and on properties in specific plans intended for single-family residential use.
(c) Permit required. Two (2) family dwellings shall require processing of a major Plot Plan application as described in division 8 of article 61 of this chapter. (1) The Director of Development Services or their designee (Director) shall review complete applications for compliance with the requirements of this section and the underlying development standards in the zoning district or specific plan in which it is located, and any other applicable objective development standards stated in the Municipal Code. Notwithstanding language in any specific plan to the contrary, provisions of this section shall supersede where any conflict exists. The Director shall ministerial approve complete applications found to be in compliance with these standards.
(2) The Director may deny a complete application if it fails to comply with the requirements of this section, the underlying development standards in the zoning district or specific plan in which it is located , and any other applicable objective development standards stated in the Municipal Code. In addition to the foregoing, the Director may deny an application if such denial is based upon a preponderance of evidence and the written finding of the building official that the proposed two-family dwelling project would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Notwithstanding the foregoing, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards.
(d) Appeals of the Director’s decision shall be governed by section 33-1303.

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(1) If the development of a two-family dwelling project requires another entitlement pursuant to the Escondido Zoning Code, the two- family dwelling project shall not be approved until that entitlement process is completed and approved. If the entitlement is not approved, the two -family dwelling project cannot be approved unless it is redesigned to eliminate the need for the denied entitlement.

(e) Location.

(1) Except as specified below, two- family dwellings shall be permitted in estate residential (R-E) and single-family residential (R-1) zones, and on properties in specific plans intended primarily for single-family residential use.

(2) Two-family dwellings shall not be permitted in the following locations:

(A) On p roperties that allow as the primary use multi-family residential, commercial, industrial, agricultural, or mixed uses, regardless of the allowance of single-family residential uses.

(B) On properties described in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code section 65913.4.

(C) W ithin a historic district or upon property included on the State Historic Resources Inventory, as defined in section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic resource or district pursuant to a city or county ordinance.

(D) On parcels requiring demolition or alteration of any of the following types of housing:

i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

iii. Housing that has been occupied by a tenant in the last three years.

(E) O n parcels which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

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(F) On parcels with legal nonconforming uses or structures unless development of the two-family dwelling brings the property into conformance.

(f) Objective Development Standards: The development standards set forth below shall apply to all two -family dwellings. Any development standard not explicitly identified below shall be subject to the underlying zoning designation or specific plan, and all applicable provisions of this code, unless superseded by Government Code sections 65852.21, 66411.7, and 66452.6.

(1) Unit Size:

(A) The minimum unit size of any unit created as part of a two -family dwelling shall be 400 square feet.

(B) Except as described below, no new unit constructed as part of a two- family dwelling may exceed 800 square feet.

i. New units may be up to 1,200 square feet if they meet all of the following requirements:

a. The parcel on which the two-family dwelling is located is in the R-E or R-1 zone and has a lot size of at least one and a half (1 ½) times the minimum size otherwise permitted in the zone.

b. No accessory dwelling unit or junior ADU exist on the parcel.

c. A deed restriction is recorded prohi biting the construction of an ADU or junior ADU on the parcel.

d. Existing and new dwelling units shall each have two
covered parking spaces.

e. An attached or detached garage or covered parking
space(s) associated with the 1,200 square foot unit does not exceed 450 square feet.

f. Existing and new dwelling units shall meet the minimum setbacks in the underlying zone.

g. Addition of the new unit does not result in the parcel being out of compliance with the maximum floor area ratio and lot coverage for the underlying zone.

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ii. New units may be up to 1,500 square feet if they meet all of the following requirements:

a. The parcel on which the two-family dwelling is located is in the R-E zone and has a lot size of one and one half (1 ½) times the minimum size otherwise permitted in the zone, or is in the R-1 zone and has a minimum lot size of 20,000 square feet.

b. The unit satisfies all requirements identified in subsections b through g of section 33-115(f)(1)(B)i.

iii. New units may be up to 2,000 square feet if they meet all of the following requirements:

a. The parcel on which the two-family dwelling is located is in the R-E or R-1 zone and has a lot size of at least one acre.

b. The unit satisfies all requirements identified in subsections b through g of section 33-115(f)(1)(B)i.

(C) Any future subdivision of a parcel with a two- family dwelling project shall not cause the parcel to be out of compliance with the provisions of this subsection.

(2) Setbacks and building separation:

(A) Minimum side and rear yard setbacks for a two-family dwelling shall be no less than four feet.

(B) S ection 33 -104(c), projections into setbacks, shall not apply to any projects utilizing sections 33-115 or 33-116.

(C) For two family dwellings constructed on properties which have frontage on streets which have not been dedicated to their ultimate width, setbacks shall be measured from the ultimate right-of-way.

(D) Setback requirements noted above shall not apply to a legally existing detached accessory structure that is utilized as one of the two units associated wit h the two -family dwelling or for a new structure constructed in the same location as a legally existing detached accessory structure.

(E) Detached dwelling units and associated covered parking shall be a minimum of 10 feet from each other unless all structures are single-story SB9-PLANNING CASE NO. PL22-0363
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and not more than 16 feet in height , in which case the minimum separation shall be five feet.

(F) Notwithstanding subsection ( E) above, all dwellings with less than 10 feet of separation shall meet the fire resistive construction requirements contained in the California Residential and Fire codes.

(3) Maximum Height/Stories:

(A) If located within the rear or side yard setback of the underlying zoning district, the two-family dwelling shall be limited to 16 feet and one-story.

(B) If compliant with the setbacks for the underlying zoning district, the two- family dwelling shall comply with the height limitations of the underlying zoning district.

(4) Parking Requirements:

(A) At least one off-street parking space shall be provided for each new unit constructed under the provisions of this section. Said parking spaces shall be covered, and shall not be in tandem with parking spaces for any other unit on the property.

(B) The required parking shall be located onsite with the two-family dwelling the parking is associated with.

(C) Parking spaces shall be designed pursuant to section 33-769. Compact spaces are not permitted.

(D) The foregoing parking standards shall not be required in either of the following circumstances:

i. The two -family dwelling is located within one -half mile walking distance of either a high- quality transit corridor as defined in subdivision (b) of section 21155 of the Public Resources Code, or a major transit stop as defined in section 21064.3 of the Public Resources Code. The applicant shall be responsible for demonstrating applicability of this section; or

ii. There is a car share vehicle located within one block of the two- family dwelling.

(5) Access and easements

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(A) Vehicular access from the public right of way shall meet the following requirements:

i. Driveways that provide access to two homes shall have a minimum paved width of 20 feet.

ii. Driveways that provide access to three homes, or that provide access to parking facilities with nine or more parking spaces, shall have a minimum width of 24 feet, unless the parking facility is served by 2 one- way driveways, in which case each driveway shall be at least 12 feet wide.

iii. All driveways shall have a height clearance of at least 13 feet 6 inches, and shall be paved with cement, asphaltic concrete, or other all-weather construction material(s) and to the City Design Standards for Driveway Structural Design.

iv. Access improvements shall be provided in compliance with the City’s adopted standard drawings.

v. Access to lots shall be in conformance with Article 39 of the Escondido Zoning Code. Dead end access shall be no longer than 150-feet in length unless a Fire Department approved turn- around is provided. Fire Department access shall be a minimum of 20 feet in unobstructed width.

(B) Access to lots shall be in conformance with Article 39 of the Escondido Zoning Code. Dead end access shall be no longer than 150- feet in length unless a Fire Department approved turn-around is provided. Fire Department access shall be a minimum of 20 feet in unobstructed width.

(C) Emergency access and easements for the provision of public facilities, utilities, and/or access shall be provided in compliance with applicable sections of the municipal code.

(6) The primary entrance for any new dwelling unit constructed as part of a two- family dwelling shall not be oriented to the side or rear property line unless the structure meets the side or rear setback established by the underlying zoning district.

(7) Each unit in a two-family dwelling shall be placed on a permanent foundation and permanently connected to the public sewer system or an onsite wastewater treatment system approved by the County of San Diego Health Department.

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(8) Each unit in a two -family dwelling shall include sufficient permanent provision for living, sleeping, eating, cooking, and sanitations, including but not limited to washer/dryer hookups and full kitchen facilities.

(9) Both units in a two-family dwelling shall share the same water and sewer utility connections and meter, and shall be subject to connection fees or capacity charges, or both.

(g) Additional Requirements:

(1) Construction of a two-family dwelling project shall not require the demolition of more than 25 percent of the exterior structural walls of an existing dwelling unless the site has not been occupied by a tenant in the last three (3) years.

(2) Any unit created pursuant to this section shall, if rented, be rented for a term longer than 30 days.

(3) A deed restriction prepared by the City shall be recorded against the subject property prior to issuance of any building permit(s) for a two -family dwelling.

The deed restriction shall run with the land and shall stipulate compliance with the applicable provisions of this section.

(4) New dwelling units constructed as part of a two-family dwelling shall meet the requirements of the California Building, Residential, and Fire codes, as such codes have been adopted and amended by Chapter s 6 and 11 of the Escondido Municipal Code.

(5) Both units in a two -family dwelling project shall utilize the same colors and materials. This requirement applies whether both units are constructed at the same time or if one (1) unit is added to a property that is currently developed with an existing unit.

(6) Solar panels shall be required on new ly constructed units within a two-family dwelling project in compliance with the California Energy Code.

(7) Accessory Dwelling Units:

(A) For the purposes of this subsection, Unit refers to either a primary dwelling unit, an accessory dwelling unit (ADU), or a junior ADU.

(B) Inclusive of the two- family dwelling requirements described in this section, any existing parcel may be permitted to construct up to four total units.

(C) Any parcel created pursuant to section 33-116 shall be permitted to have no more than two total units.

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(D) ADUs and Junior ADUs shall be governed by the provisions of Article

70. Sec. 33-116. Urban lot split
(a) Purpose. The purpose of section 33-116 is to appropriately regulate qualifying Senate Bill 9 urban lot split developments within single-family residential zones in accordance with California Government Code section 66411.7.

(b) For the purposes of this section, two-family dwelling shall have the same meaning as that identified in section 33-115.

(c) U rban lot splits, as defined in section 33-8, shall be approved ministerially without discretionary review.

(d) Urban lot splits are not permitted on the following parcels:

(1) Those described in section 33-115(e)(2);

(2) Parcels that were created by a prior urban lot split;

(3) Parcels adjacent to those which the owner or someone acting in concert with the owner has previously subdivided through an urban lot split process.

(4) Parcels where subdivision would result in either of the new parcels being out of compliance with the maximum unit sizes identified in subsection 33-115(f)(1).

(5) Parcels containing more than two units, as that term is described in subsection 33-115(g)(7)(A).

(e) All provisions of the S ubdivision Map Act and Escondido Municipal Code shall apply unless expressly modified in this section.

(1) No dedication of right -of-way or construction of offsite improvements shall be required as a condition of parcel map approval.

(2) If the urban lot split is proposed on a public street that has not been dedicated to its ultimate width, public facilities, utilities, and/or access easements shall be recorded as a condition of parcel map approval.
(f) Development Standards. Parcels shall be subject to all development standards of the zone in which the property is located, except as modified below:

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(1) Lot size:
(A) Each newly created lot shall be at least 40% of the lot area of the parcel being divided.
(B) Each newly created parcel shall be no smaller than 1,200 square feet. (2) Setbacks, unit size, and parking requirements shall be the same as those in section 33-115(f).
(g) A parcel created by an urban lot split shall be permitted to have a total of two units.

This can be achieved through either a two-family dwelling, a single-family dwelling with an ADU, or a single-family dwelling with a junior ADU. (h) Parcels created by an urban lot split shall not be required, as a condition of ministerial approval, to correct nonconforming zoning conditions. (i) A n application for an urban lot split shall not be rejected solely because it proposes adjacent or connected structures, provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (j) Access to lots shall be in conformance with Article 39 of the Escondido Zoning Code. Dead end access shall be no longer than 150- feet in length unless a F ire Department approved turn-around is provided. Fire Department access shall be a minimum of 20 feet in unobstructed width.
(k) Each dwelling unit and parcel shall have access to, provide access to, or adjoin the public right of way. Accessibility shall be in conformance with the Building Code and Americans with Disability Act, and shall not preclude construction of future public improvements
(l) Easements for the provision of public facilities, utilities, access, and/or emergency access shall be provided as a condition of approval of an urban lot split. (m) Unless specifically exempted pursuant to Government Code section s 66411.7(g)(2) and (3), a n applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(n) Units on parcels created subject to this section shall, if rented, be rented for a term longer than 30 days.
(o) Applications for urban lot splits shall be processed in the same manner as those for tentative parcel maps, and shall be subject to the applicable requirements contained in Chapter 32 of the Escondido Municipal Code.

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(p) Notes shall be included on the parcel map which reference compliance with sections 33-115 and 33- 116 of the Escondido Zoning Code, and any other provisions of said code related to urban lot splits.
(q) Fees for urban lot split applications shall be the same as those assessed for other tentative parcel map and parcel map applications.
(r) Denial of permit:
(1) The City may deny a request for an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the request would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of section 65589.5 the California Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (s) Appeals:
(1) Appeals of the director’s decision shall be governed by section 33-1303.

ADDITIONAL MODIFICATIONS
Sec. 33-8. Definitions.

Urban lot split means the subdivision of any lot in a single- family residential zone or parcels designated for primarily single-family development in a specific plan into two lots.

Sec. 33-90. Purpose.
(a) Residential zones are established to provide for residential districts of various population densities so that the various types of residential developments may be separated from each other as necessary to assure compatibility of uses within family living areas, including the necessary appurtenant and accessory facilities associated with such areas.
(b) The following classes of residential use zones are established:
(1) The agriculture residential (R-A) zone is established to provide an agricultural setting in which agricultural pursuits can be encouraged and supported within the city. The R-A zone is designed to include single-family detached dwellings and to protect agricultural uses from encroachment by urban uses until residential, commercial or industrial uses in such areas become necessary or desired.
(2) The estate residential (R -E) zone is established to provide a rural setting for family life in single -family detached dwellings. Provisions are made for the SB9-PLANNING CASE NO. PL22-0363
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maintenance of limited agricultural pursuits as well as those uses necessary and incidental to single-family living.
(3) The single-family residential (R -1) zone is established to provide a s uburban setting suitable for family life in single-family, detached dwellings. (4) The mobilehome residential (R-T) zone is established to provide a mobilehome park setting for family life in single-family detached mobilehomes. No land shall be classified into this zone where such classification would create an R-T zone area of less than four hundred thousand (400,000) square feet. (5) The light multiple residential (R-2) zone is established to provide a multifamily setting for family life in low-height, low density dwelling units in close proximity to single-family residential neighborhoods.
(6) The medium multiple residential (R -3) zone is established to provide a multifamily setting for family life in low-height, medium density dwelling units in close proximity to other multifamily neighborhoods.
(7) The high multiple residential (R-4) zone is established to provide a multifamily setting for family life in mid-height, high density dwelling units in close proximity to other multifamily neighborhoods and near the city’s center. (8) The very high multiple residential (R -5) zone is established to provide a multifamily setting for family life in higher -height, very high density dwelling units in close proximity to other multifamily neighborhoods and near the cit y’s center.
(c) Subsection 33- 90(a) notwithstanding, this section also serves to implement provisions of sections 65852.21 and 66411.7 of the Government Code.

Sec. 33-94. Permitted and conditional uses and structures. (Note: the only revisions to this section are as shown on the portion of Table 33-94 below, including the addition of Footnote 2.) Table 33-94
Permitted/Conditional Uses & Structures R-
A
R-
E
R-
1 R-
T
R-
2 R-
3 R-4 R-
5 Residential and Lodging
Single-family dwellings detached P P P P P1 P1 P1
Mobilehome on parcel alone, pursuant to
section 33-111 P P P P
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Permitted/Conditional Uses & Structures R-
A
R-
E
R-
1 R-
T
R-
2 R-
3 R-4 R-
5 Two-family dwelling units and urban lot
splits
P2 P2
Two-family, three-family, and multiple-
family dwellings P P1 P1 P1
Notes:
1 No vacant or underdeveloped lot or parcel of land in any R-3, R-4, and R-5 zone shall be improved or developed at a density below seventy (70) percent of the maximum permitted density. Exceptions to the minimum density requirement may be granted in writing as part of the plan approval required by section 33-106 provided the development will not preclude the city from meeting its housing needs as described in the housing element of the Escondido general plan. Minimum density requirements shall not apply to property owners seeking to enhance or enlarge existing dwelling units or construct other accessory structures on a site.
2 Pursuant to sections 33-115 and 33-116.

Sec. 33-95. Permitted accessory uses and structures. (Note that tables in this section are not shown; no changes are proposed to those tables.)
(a) Accessory uses and structures are permitted in residential zones, provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, those listed in Table 33-95.
(1) When provided by these regulations, it shall be the responsibility of the director to determin e if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to, the principal use, based on the director’s evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use.
(b) The permitted types and quantities of animals allowed in residential zones is listed in Table 33-95a. Other household pets are allowed pursuant to section 33-1116 of Article 57 of this chapter.
(1) At no time shall the keeping of such animals and pets constitute a nuisance or other detriment to the health, safety, or general welfare of the community.

(2) All animal keeping is subject to the animal control and humane treatment standards in Chapter 4 of the Municipal Code (Animal Control) and other regulations found in County and State codes, including, but not limited to, State Health and Safety Code.

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(3) No more than the quantities of animals specifically listed in Table 33- 95(a) or section 33-1116 shall be kept on any premises, except that offspring may be kept onsite for up to four (4) months from birth.

(4) The number of animals allowed on properties that have been divided pursuant to section 33-116 shall be one half of that otherwise allowed in the underlying zoning district.

Sec. 33-97. Property development standards.
(a) In addition to the property development standards set forth in this chapter, the development standards set forth in this article shall apply to land and structures in residential zones.

(b) Properties developed pursuant to sections 33-115 or 33-116 shall be subject to the development standards contained in those sections. For any development standards not addressed in those sections, the standards contained elsewhere in this chapter shall apply.

Sec. 33-98. Parcel requirements.

Table 33-98a

Zoning
Suffix
Minimum
Lot Area
(square
feet)
Average
Lot Width
(feet)
Minimum Street Lot
Frontage
Population
Density
R-T2 4,500* 55* 35 feet on a line parallel to the
centerline of the street or on a
cul-de-sac improved to city
standards1.

Frontage on a street end that
does not have a cul-de-sac
improved to city standards
shall not be counted in
meeting this requirement
except for panhandle lots.

Panhandle lots pursuant to
Article 56.

Not more than
one single-
family
dwelling may
be placed on
a lot or parcel
of land in this
zone.
3 R-1-6 6,000 60
R-1-7 7,000 65
R-1-8 8,000 70
R-1-9 9,000 75
R-1-10 10,000 80
R-1-12 12,000 85
R-1-15 15,000 90
R-1-18 18,000 95
R-1-20 20,000 100
R-1-25 25,000 110
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Zoning
Suffix
Minimum
Lot Area
(square
feet)
Average
Lot Width
(feet)
Minimum Street Lot
Frontage
Population
Density

*Mobilehome parks pursuant
to Article 45 allow different lot
requirements. Title 25
provisions apply where
applicable.

R-E-20 20,000 100
20 feet or be connected to a
public street by a permanent
access easement

1. Panhandle lots pursuant to
Article 56.

R-E-25 25,000 110
R-E-30 30,000 125
R-E-40 40,000
150
R-E-50 50,000
R-E-60 60,000
R-E-70 70,000
R-E-80 80,000
R-E-90 90,000
R-E-
100 100,000
R-E-
110 110,000
R-E-
130 130,000
R-E-
150 150,000
R-E-
170 170,000
R-E-
190 190,000
R-E-
210 210,000
R-A-5 217,800
150
60 feet or be connected to a
public street by a permanent
access easement.
1 R-A-10 435,600
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Zoning
Suffix
Minimum
Lot Area
(square
feet)
Average
Lot Width
(feet)
Minimum Street Lot
Frontage
Population
Density
Panhandle lots pursuant to
Article 56.

Notes:

1. Exception: Access to lots or parcels may be provided by private road easement conforming to the following standards:
(a) The minimum easement widths shall be 20 to 24 feet as determined by the city engineer and fire marshal; subject to the Escondido Design Standards and Standard Drawings; (b) Pavement section widths, grades and design shall be approved by the city engineer; (c) A cul -de-sac or turnaround shall be provided at the terminus to the satisfaction of the planning, engineering and fire departments.

2. Except for land that was being used for mobile homes prior to the effective date of the ordinance codified in this article, no land shall be classified into this zone where such classification would create an R-T zone area of less than 400,000 square feet.

3. Properties developed pursuant to section 33- 115 and/or 33-116 shall be allowed one two-family dwelling project/Urban Lot Split.

Sec. 33-106. Plan approval required.
(a) Building plan review and building permits are required for the construction or modification of single -family detached dwellings, mobilehomes, and some accessory structures in residential and R -T zones. Application shall be made to the building division for plan review, which is subject to planning division confirmation of zoning compliance. Two-family dwellings and u rban lot splits in single-family residential zones shall be processed pursuant to section 33-115 and 33-116 of this article, respectively.
(b) An appropriate development application for the construction or modification of two- family more than one dwellings on any lot in R-2, R-3, R-4 and R-5 zones, multiple- family dwellings, some accessory structures, and nonresidential development in all residential zones is required pursuant to Article 61 of this chapter.

Sec. 33-107. Building requirements, generally.

Table 33- 107 lists building requirements in residential zones (excluding mobilehome parks approved pursuant to Article 45).

Table 33-107
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Building
Requirements
R-A R-E R-1 R-2 R-3 R-4 R-5 R-T*
Building height (feet),
except as otherwise
provided in this chapter
35 35 35 351 351 75 75 35
Maximum building
stories 21 31 41 41
Minimum distance
between residence and
accessory buildings
(feet)
105 105 105 105 105 105 105 105
Dwelling unit minimum
floor area (square feet)2 850 1,0006 8506 500 400 400 400 700 Maximum percent lot
coverage by primary
and accessory
structures
20% 30% 40% 50% none none none 60%
Maximum floor area
ratio (FAR)3 0.3 0.44 0.5 0.6 0.7 0.8 0.9 none
Minimum square feet
allowed for residential
and parking regardless
of the FAR
1,500 1,500 1,500 2,500 3,500 4,500 5,000 700

Notes:

1. Buildings or structures in excess of one (1) story and located adjacent to single-family zoned land, shall provide a setback equal to the abutting setback required by the single-family zone standards, plus five (5) additional feet for each story over two (2) on the property line(s) abutting the single- family zone(s) as noted in sections 33- 100 and 33- 101. Additionally, building features such as windows, doors, balconies, etc., bulk and scale shall not adversely affect the adjacent single-family property.

2. Area is exclusive of porches, garages, carports, entries, terraces, patios or basements.

3. FAR is the numerical value obtained by dividing the total gross floor area of all buildings on the site by the total area of the lot or premises.

4. Except that the maximum FAR for the RE- 20 zone shall be 0.5; and for the RE -170 and RE-210 zones the maximum FAR shall be 0.3.

5. Pursuant to section 33-103(c), if the residence (or main building) and detached accessory building are both one (1) story in height, then the minimum separation requirement may be reduced to five (5) feet, unless a greater distance is required by local building and fire code requirements for fire separation.

6. Dwelling unit minimum floor area does not apply to units created subject to section 33- 115. * Requirements apply unless superseded by Title 25.

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Sec. 33-1314. Definition and purpose.
(a) Plot plan means a zoning instrument used primarily to review the location and site development of certain permitted land uses. The plot plan review process is required when any of the following are proposed in a multi -family, commercial, or industrial zone:
(1) A new building, structure, or addition;
(2) A new permitted use of land or existing structure that may require additional off-street parking;
(3) A modification of an existing development affecting the building area, parking (when a reduction in parking spaces is proposed), outdoor uses, or on- site circulation. Changes to parking areas that do not result in a reduction in parking spaces are exempt from plot plan review, but require design review, as provided in section 33-1355(b)(2);
(4) As may otherwise be required by this chapter.

Plot plan review is not required for residential development created by a planned development or residential subdivision of single-family lots. (b) Minor plot plan may include, but shall not be limited to, a change in use with no additional floor area, minor building additions, outdoor storage as an accessory use in the industrial zones, or other site plan changes affecting site circulation and parking, as determined by the director.
(c) Major plot plan may include, but shall not be limited to, new construction, reconstruction and additions of facilities permitted in the underlying zone, or other projects that exceed thresholds for a minor plot plan, as determined by the director.

All two -family dwelling projects proposed pursuant to section 33 -115 shall be subject to the approval of a major Plot Plan.

MUNICIPAL CODE AMENDMENTS
Sec. 23-119. Public dedication of rights-of-way required. (a) Subject to the “individualized determination” of section 23-121, any applicant who constructs any new building or dwelling in the city shall grant necessary public dedication or have provided a grant of easement or other appropriate conveyance, as approved by the city attorney. Accessory structures with a valuation less than twenty-three thousand eight hundred twenty -eight dollars ($23,828.00), as determined by building permit valuation, and accessory structures to single-family SB9-PLANNING CASE NO. PL22-0363
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residences shall be exempt from this section. Rights-of-way shall also be provided for any improvements to existing facilities including rights -of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title examination report and be free of all liens and encumbrances. (b) The public dedications required by subsection (a) of this section shall also apply to any person who enlarges or expands any building in the city if the cost of such work exceeds the sum of twenty-three thousand eight hundred twenty-eight dollars ($23,828.00) as determined by building permit valuation. By resolution of city council, said amount may be increased annually consistent with the International Code Council valuation schedule for the appropriate construction type. (c) The required public dedications shall be granted prior to issuance of the building permit for the subject property.
(d) In determining the building permit valuation, the building official shall include the cumulative building permit valuation of multiple building permit applications within a twelve (12) month period to determine whether the development is exempt from this section.
(e) P rojects developed under the provisions of sections 33 -116 of the Escondido Zoning Code shall be exempt from the provisions of this section. Easement (s) may be required for public facilities, utilities, and/or access.

Sec. 23-120. Public improvements required.
(a) Subject to the “individualized determination” of section 23-121, any applicant who constructs any building or dwelling in the city shall construct all necessary public improvements in accordance with city specifications upon the property and along all street frontages adjoining the property upon which such building is constructed unless adequate improvements already exist. Accessory structures with a valuation less than twenty -three thousand eight hundred twenty -eight dollars ($23,828.00), as determined by building permit valuation, and accessory structures to single- family residences shall be exempt from this section. In each instance, the city engineer shall determine whether the necessary improvements exist and are adequate. Each building permit application shall be so endorsed at the time it is issued. All new and redevelopment projects are subject to undergrounding of overhead utilities.
(b) The improvements required by subsection (a) of this section shall also apply to any person who enlarges or expands any building or dwelling in the city if the cost of such work exceeds twenty -three thousand eight hundred twenty -eight dollars ($23,828.00), as determined by building permit valuation.

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(c) By resolution of city council, such amount may be increased annually consistent with the International Code Council valuation scheduled for the appropriate construction type. Tenant and façade improvements to any building that do not result in enlargement or expansion of the building ar ea are exempt from public improvements and undergrounding of overhead utilities.
(d) In determining the building permit valuation, the building official shall examine the cumulative building permit valuation of multiple building permit applications within a twelve (12) month period to determine whether the development is exempt from this section.
(e) Projects developed under the provisions of sections 33 -116 of the Escondido Zoning Code shall be exempt from the provisions of this section. Easement(s) may be required for future public facilities, utilities, and/or access.

Sec. 23-47. Undergrounding required.
(a) All development projects within the City of Escondido which are either new subdivisions or subject to section 23- 119 or 23- 120 shall be required to underground all utility distribution facilities, including cable television and other communication facilities.
(b) The developer shall make the necessary arrangements with each of the serving utilities, including those providing cable television, telephone, and other utility services, for the installation of such facilities. All transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and any other related facilities appurtenant to such underground utilities shall also be placed underground except in circumstances permitting above ground installations pursuant to conditions established by the director of community development.
(c) Projects developed under the provisions of sections 33-116 of the Escondido Zoning Code shall be exempt from the provisions of this section. Easement(s) may be required for future public facilities, utilities, and/or access.

32.204.02. REQUIREMENTS
Before approval of a Final or Parcel Map for a subdivision, the subdivider shall:

A. Grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets or easements, bicycle ways and all private streets and private easements laid out on a Final Map or Parcel Map in such manner and with such improvements as are necessary in accordance with the Escondido City standards; SB9-PLANNING CASE NO. PL22-0363
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B. Install or agree to install sewers or sewage disposal systems in accordance with the Private Sewage Disposal Systems ordinance;
C. Provide proof satisfactory to the City Engineer that there exists an adequate potable water supply available to each lot or parcel and that the sub -divider will install or agree to install water supply facilities to the satisfaction of the City Engineer provided that the City Engineer may require such other system or size of water supply pipe as recommended by the water facility serving the subdivision; D. Install or agree to install as required by the City Engineer, fire hydrants and connections, which hydrants and connections shall be of a type approved by the Escondido Fire Chief; and
E. Construct or agree to construct all off -site improvements required by the City Engineer.

F. Subdivisions created under the provisions of section 33 -116 of the Escondido Zoning Code shall be exempt from the provisions of this section. Easement(s) may be required for future public facilities, utilities, and/or access.

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Building Envelope
No SB 9 SB 9, No Lot Split SB 9, Lot Split
SB 9, Lot Split with Panhandle SB 9, Lot Split with Access Easement Attachment "4"
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Potential Two-Family Dwelling Development, No Urban Lot Split (Four Units Total)

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Urban Lot Split with Existing Single-Family Residence
(Two Units Total)

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Urban Lot Split and Two-Family Development
(Four Units Total)

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SB9-Planning Case No. PL22-0363
Attachment 4