Escondido City Council
December 7, 2022

a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State,
b) Documents that satisfy the CEQA process are received by the State, and c) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of environmental permit submittal.

The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv. A monitoring plan as required by Paragraph 15, “Monitoring Plan Requirements,” if applicable. 6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non-interest-bearing account and shall be used solely to pay Eligible Project Costs.
7) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, “Budget”. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after June 30, 2022, may be eligible for reimbursement.

Costs that are not eligible for reimbursement include, but are not limited to, the following items:

A. Costs, other than those noted above, incurred prior to July 1, 2022.

B. Costs for preparing and filing a grant application.

C. Purchase of equipment that is not an integral part of a project.

D. Establishing a reserve fund.

E. Purchase of water supply.

F. Replacement of existing funding sources (e.g., bridge loans).

G. Meals, food items, or refreshments.

H. Payment of any punitive regulatory agency requirement, federal or state taxes.

I. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain.

Attachment "1"
331
Item15.

Grant Agreement No. <46000XXXXX>

J. Overhead and Indirect Costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; non-project-specific accounting and personnel services performed within the Grantee’s or LPS’ organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.

K. Mitigation for environmental impacts not resulting from implementation of a project funded by this Agreement. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law. 8) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, “Basic Conditions” are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a “wet signature” for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.” Payment will be made no more frequently than <choose one: quarterly/monthly>, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by the Grantee shall include the following information:

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project.

C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, “Budget.” The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours’ summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 3, “Grant Amount”. v. Original signature and date of the Grantee’s Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized Attachment "1"
332
Item15.

Grant Agreement No. <46000XXXXX>

representative to the Project Manager or the original “wet signature” copy of the invoice form to the Project Manager at the following address: <Insert appropriate address>.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen.

Code, §§ 470, 487-489.)
9) ADVANCED PAYMENT. Water Code section 13198.4(c) authorizes advanced payment by the State for grantees that demonstrate a cash flow issues. A project may receive an advanced payment of twenty-five (25) percent of its grant award; the remaining seventy-five (75) percent of the grant award will be reimbursed in arrears after the advanced funds have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shall contain the following:

A. Documentation demonstrating that each LPS (if different from the Grantee, as listed in Exhibit I) was notified about their eligibility to receive an advanced payment and a response from the LPS stating whether it wishes to receive the advanced payment or not.

B. If the Grantee is requesting the advanced payment, the request(s) shall include:
i. Descriptive information of each project with an update on project status ii. Description and documentation of the cash flow issues the LPS has that requires funds to be advanced
iii. The names of the entities that will receive the funding for each project iv. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds. v. Any other information that DWR may deem necessary
C. Upon review and approval of the Advanced Payment Request, DWR may authorize payment of the requested amount or a lesser amount for those entities that have requested advanced funds. Based on the project’s Funding Plan and other considerations, DWR may develop a “Disbursement Schedule,” to disburse funds in installments. This Disbursement Schedule may change based on the project’s ongoing compliance with the Advanced Payment requirements and the project’s cash flow needs.

D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” on behalf of the LPS(s), containing the request for each project requesting advanced funds, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 19, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds to the respective Attachment "1"
333
Item15.

Grant Agreement No. <46000XXXXX>

LPS(s). The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.” iii. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report. iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:

1. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B.

2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved.

3. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account.

4.Proof of distribution of advanced funds to LPS(s), if applicable.

E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 8, “Method of Payment.”
10) WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests.

Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 11, “Default Provisions,” the portion that has been disbursed shall thereafter be repaid immediately at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee’s refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 11, “Default Provisions.” If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 11) DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur:

Attachment "1"
334
Item15.

Grant Agreement No. <46000XXXXX>

A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;
C. Failure to operate or maintain the Project in accordance with this Grant Agreement.

D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5.

E. Failure to submit quarterly progress reports pursuant to Paragraph 5.

F. Failure to routinely invoice the State pursuant to Paragraph 8.

G. Failure to meet any of the requirements set forth in Paragraph 12, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via firstclass mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following:

A. Declare the funding be immediately repaid.

B. Terminate any obligation to make future payments to the Grantee.

C. Terminate the Grant Agreement.

D. Take any other action that it deems necessary to protect its interests.

In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.
12) CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2022 Guidelines to remain eligible to receive State funds:

A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 21 of the 2022 Guidelines and Proposal Solicitation Package.

B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2021 AWMP identified on the State’s website. For more information, visit the website listed in the 2022 Guidelines and Proposal Solicitation Package.

C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et. seq.

D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) as set forth in the 2022 Guidelines and Proposal Solicitation Package.

E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program. Alternatively, if the Grantee has submitted a Groundwater Sustainability Plan (GSP) or Alternative Plan pursuant to the GSP Regulations (Cal. Code Regs., tit. 23, § 350 et seq.), groundwater level data must be submitted through the SGMA Portal at: https://sgma.water.ca.gov/portal/.

Attachment "1"
335
Item15.

Grant Agreement No. <46000XXXXX>

F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control.

G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
13) SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State’s Project Manager and shall be submitted via the DWR “Grant Review and Tracking System” (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F, “Report Formats and Requirements.” The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project.

A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State’s Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee’s activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1).

B. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F.

C. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A and F. Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State.

D. Post-Performance Reports: The Grantee shall prepare and submit to the State Post-Performance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation.

Attachment "1"
336
Item15.

Grant Agreement No. <46000XXXXX>

14) OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 11, “Default Provisions.” 15) MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit L, “Project Monitoring Plan Guidance.” 16) NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State’s representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event.

C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find shall cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State.

D. The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the Project or which may affect the Project in any way.

E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State’s Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 17) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:

A. By delivery in person.

Attachment "1"
337
Item15.

Grant Agreement No. <46000XXXXX>

B. By certified U.S. mail, return receipt requested, postage prepaid.

C. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.

D. By electronic means.

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. 18) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.
19) PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:

Department of Water Resources <Grantee agency/company Name> Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 653-4736
Email: [email protected]
<Grantee Project Representative Name>
<Title>
<Mailing address line 1>
<Mailing address line 2>
Phone: (###) ###-####
Email:

Direct all inquiries to the Project Manager:

Department of Water Resources <Grantee agency/company Name> <DWR Project Manager Name>
<Title>
<Mailing address line 1>
<Mailing address line 2>
Phone: (###) ###-####
Email:
<Grantee Project Manager Name>
<Title>
<Mailing address line 1>
<Mailing address line 2>
Phone: (###) ###-####
Email:

Either party may change its Project Representative or Project Manager upon written notice to the other party.
20) STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference:

Exhibit A – Work Plan
Exhibit B – Budget
Exhibit C – Schedule
Exhibit D – Standard Conditions
Exhibit E – Authorizing Resolution
Exhibit F – Report Formats and Requirements
Attachment "1"
338
Item15.

Grant Agreement No. <46000XXXXX>

Exhibit G – Requirements for Data Submittal
Exhibit H – State Audit Document Requirements and Cost Share Guidelines for the Grantee Exhibit I – Local Project Sponsors and Project Locations Exhibit J – Appraisal Specifications
Exhibit K – Information Needed for Escrow Processing and Closure Exhibit L – Project Monitoring Plan Guidance
Exhibit M – Invoice Guidance for Administrative and Overhead Charges Attachment "1"
339
Item15.

Grant Agreement No. <46000XXXXX>

IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
<INSERT GRANTEE NAME>
Arthur Hinojosa
Manager, Division of Regional Assistance
S
<Grantee Project Representative Name>
<Title>
Date Date ____________________________
Attachment "1"
340
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT A
WORK PLAN (or copy their work plan into this item)
NOTE: These are instructions – not to be included in final agreement:

The Work Plan shall contain the following items:
• For each project, a concise description of each task needed to complete the project. • Grant reporting tasks including the submittal of Quarterly Progress Reports, Invoices, and Final Reports.
• A Project Performance Monitoring Plan for the project(s). Project Performance Monitoring Plan requirements are discussed below.
• A discussion of the status of acquisition of land or rights-of-way. If land and/or easement acquisition is not applicable, state as such.
• A listing of all anticipated permits
• If environmental compliance efforts have not been completed, include tasks for environmental compliance. Include any environmental mitigation or enhancement actions or tasks necessary to comply with recommended mitigation measures.
• Necessary plans and specifications.

Attachment "1"
341
Item15.

Grant Agreement No. <46000XXXXX>

Grant Administration
IMPLEMENTING AGENCY: <GRANTEE> (Grantee)
PROJECT DESCRIPTION: The Grantee will administer these funds and respond to DWR’s reporting and compliance requirements associated with the grant administration. This Grantee will act in a coordination role:
disseminating grant compliance information to the project managers responsible for implementing the projects contained in this Agreement, obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents, reports, monitoring compliance documents, labor requirements, etc.), obtaining data for progress reports from individual project managers, assembling and submitting progress reports to the State, and coordinating all invoicing and payment of invoices.

Budget Category (a): Project Administration
Task 1: Agreement Administration
The Grantee will respond to DWR’s reporting and compliance requirements associated with the grant administration and will coordinate with the project managers responsible for implementing the projects contained in this Agreement.

Task 2: Invoicing
The Grantee will be responsible for compiling invoices for submittal to DWR. This includes collecting invoice documentation from each of the Local Project Sponsors and compiling the information into a DWR Invoice Packet.

Deliverables:
• Quarterly Invoices and associated backup documentation Task 3: Reporting
The Grantee will be responsible for compiling progress reports for submittal to DWR. The Grantee will coordinate with Local Project Sponsor staff to retain consultants as needed to prepare and submit progress reports and final project completion reports for each project, as well as the grant completion report.

Reports will meet generally accepted professional standards for technical reporting and the requirements terms of the contract with DWR outlined in Exhibit F of this Agreement.

Deliverables:
• Quarterly Progress Reports
• Grant Completion Report
Attachment "1"
342
Item15.

Grant Agreement No. <46000XXXXX>

PROJECT X: <Awarded Project Name> (as an example purpose only, not specific) IMPLEMENTING AGENCY: <Agency Name / Local Project Sponsor Name> PROJECT DESCRIPTION: <Brief Description of work that will be done, where, and the quantitative benefits that will be provided.>
Budget Category (a): Project Administration (if applicable) Instruction: If not applicable, it should say “Not applicable”
Task 1: Project Management
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
• Invoices and associated backup documentation
Task 2: Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
• Quarterly Project Progress Reports
• Project Completion Report
• Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement (if applicable) Instruction: If not applicable, it should say “Not applicable”
Task 3: Land Purchase
Approximate area of land to be purchased or easement(s) to be acquired. {Add applicable detail } Deliverables:
• Documentation supporting property value (if purchased) • All relevant documentation regarding property ownership transfer or acquisition of easement including final recorded deed, title report, etc.

Budget Category (c): Planning/Design/Engineering/Environmental Documentation Instruction: If not applicable, it should say “Not applicable”
Task 4: Feasibility Studies
Project Feasibility Studies were completed as part of the project development process. <Add applicable detail>
Deliverables:

Attachment "1"
343
Item15.

Grant Agreement No. <46000XXXXX>

• Relevant Feasibility Studies
Task 5: CEQA Documentation
Instruction: Please use the first example if your project has not yet completed CEQA. Please include NEPA compliance in this section, if applicable.

Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Or
A <NOE/MND/EIR> was filed for this project with the <enter Office of Planning and Research and/or County> in <Month Year>. Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
• All completed CEQA documents as required
• Legal Challenges Letter
Task 6: Permitting
The following permits have been acquired for this project: <Insert description>. The following permits are anticipated to be acquired for this project:<Insert description> Deliverables:
• Permits as required
Task 7: Design
<Insert description.>
Deliverables:
• Basis of Design Report
• 100% Design Plans and Specifications
• If project requires permitting from the Division of Drinking Water, Proof of 60% Design Plans and Specifications submittal to the appropriate region office of Division of Drinking Water, California State Water Resources Control Board
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 15 for DWR’s review and approval.

Deliverables:
• Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.10 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid Attachment "1"
344
Item15.

Grant Agreement No. <46000XXXXX>

opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. <Add applicable detail>
Deliverables:
• Bid Documents
• Proof of Advertisement
• Award of Contract
• Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. <Add applicable detail>
Deliverables:
• DWR Certificate of Project Completion
• Record Drawings
• If project requires permitting from the Division of Drinking Water, Proof of Record Drawings submittal to the appropriate region office of Division of Drinking Water, California State Water Resources Control Board.

Task 11: Construction
Construction activities are outlined below.
11(a): Mobilization and Demobilization <Add applicable detail> 11(b): Site preparation will include <Add applicable detail> 11(c): Install, construct, excavate <Add applicable detail> 11(d): Improve <Add applicable detail>
Deliverables:
• Photographic Documentation of Progress
Attachment "1"
345
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT B
BUDGET
[Budget Tables provide examples as an outline of the format that may be submitted for this grant program.

The budget shall be consistent with the work plan and schedule.

AGREEMENT BUDGET SUMMARY
PROJECTS Grant Amount Required
Cost Share
All Other
Cost*
Total Cost
Grant Administration $0 $0 $0 $0
1 Project 1: <Title> $0 $0 $0 $0
X Project X: <Title> $0 $0 $0 $0
GRAND TOTAL $0 $0 $0 $0
*List sources of All Other Cost, including other State Fund Sources.

Attachment "1"
346
Item15.

Grant Agreement No. <46000XXXXX>

Grant Administration
Implementing Agency:

BUDGET CATEGORY Grant Amount Required
Cost Share
All Other Cost* Total Cost
(a) Project Administration $0 $0 $0 $0
TOTAL COSTS $0 $0 $0 $0
NOTES:
*List sources of All Other Cost, including other State Fund Sources.

PROJECT X: <Project X Name>
Implementing Agency:

BUDGET CATEGORY Grant Amount Required
Cost Share
All Other Cost* Total Cost
(a) Project Administration $0 $0 $0 $0
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design / Engineering /
Environmental Documentation $0 $0 $0 $0
(d) Construction / Implementation $0 $0 $0 $0
TOTAL COSTS $0 $0 $0 $0
NOTES:
* List sources of All Other Cost, including other State Fund Sources.

Attachment "1"
347
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT C

SCHEDULE
Project Schedule Table is an example that provides an outline of the format for a schedule that may be submitted for this grant program. The schedule must be consistent with the work plan and budget.

Grant Administration
BUDGET CATEGORY Start Date End Date
a Project Administration MM/DD/YYYY MM/DD/YYYY
PROJECT X: <Project X Name>
BUDGET CATEGORY Start Date End Date
a Project Administration MM/DD/YYYY MM/DD/YYYY
b Land Purchase / Easement MM/DD/YYYY MM/DD/YYYY
c Planning / Design / Engineering / Environmental Documentation MM/DD/YYYY MM/DD/YYYY d Construction / Implementation MM/DD/YYYY MM/DD/YYYY
<Add footnote if needed to explain any overlap of construction with Category c or d> Attachment "1"
348
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT D

STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Funding Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

B. Disposition of Money Disbursed: All money disbursed pursuant to this Funding Agreement shall be deposited in a non-interest-bearing account, administered, and accounted for pursuant to the provisions of applicable law.

C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Funding Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Funding Agreement, whichever comes first.

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Budget Act of 2021 and through an agreement with the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law.

Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.

D.4. AMERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State.

After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may elect to pursue any remedies provided in Paragraph 11 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.

Attachment "1"
349
Item15.

Grant Agreement No. <46000XXXXX>

Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.

D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Funding Agreement and Grantee shall not be obligated to perform any provisions of this Funding Agreement.

Nothing in this Funding Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to State, or offer a Funding Agreement amendment to Grantee to reflect the reduced amount.

D.7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 10.

D.8. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

D.9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim.

State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and Attachment "1"
350
Item15.

Grant Agreement No. <46000XXXXX>

are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/State-Contracting.

D.11. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws.

Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.) D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.14. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited Attachment "1"
351
Item15.

Grant Agreement No. <46000XXXXX>

and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract.

D.16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement or other title restriction acceptable to the State may result in termination of this Agreement.

D.17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Funding Agreement.

D.18. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. Implement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Funding Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Funding Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State.

Attachment "1"
352
Item15.

Grant Agreement No. <46000XXXXX>

G. Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.

H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.

D.19. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.20. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.21. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.22. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.

D.23. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Funding Agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.

D.24. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp.

For more information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Funding Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for Attachment "1"
353
Item15.

Grant Agreement No. <46000XXXXX>

non-material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.

D.26. NONDISCRIMINATION: During the performance of this Funding Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, gender identity, and denial of medial and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.

D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.28. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Civ. Code, § 9550, et seq.; Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.29. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State.

Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.31. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement.

Attachment "1"
354
Item15.

Grant Agreement No. <46000XXXXX>

D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.34. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final Report is approved.

Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project.

D.35. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov.

Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

D.36. SEVERABILITY: Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified.

D.37. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Funding Agreement.

D.38. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.39. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

D.40. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 11, the State may terminate this Funding Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 11.

D.41. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.42. TRAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Funding Agreement. Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources for excluded employees. These rates may be found at:
https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.

Attachment "1"
355
Item15.

Grant Agreement No. <46000XXXXX>

D.43. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.44. TIMELINESS: Time is of the essence in this Funding Agreement.

D.45. UNION ORGANIZING: Grantee, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement.

Furthermore, Grantee, by signing this Funding Agreement, hereby certifies that:

A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter union organizing.

B. Grantee shall account for State funds disbursed for a specific expenditure by this Funding Agreement to show those funds were allocated to that expenditure.

C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.

D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.47. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

Attachment "1"
356
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT E

AUTHORIZING RESOLUTION
In addition to the various legal requirements and naming of a designated representative, the resolution should address the applicant’s consent to the use of e-signatures.

Attachment "1"
357
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT F

REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A:
• Percent complete (by work)
• Discussion of work accomplished during the reporting period. • Milestones or deliverables completed/submitted during the reporting period. • Meetings held or attended.
• Scheduling concerns and issues encountered that may delay completion of the task.

For each project, discuss the following at the project level, as organized in Exhibit A:
• Work anticipated for the next reporting period.
• Photo documentation, as appropriate.
• Budget projections for grant share for the next two quarters • Any schedule or budget modifications approved by DWR during the reporting period.

PROJECT COMPLETION REPORT
The Project Completion Report (or a Component Completion Report, if a Project has multiple Components) shall generally use the following format provided below for each project after completion.

Executive Summary
The Executive Summary should include a brief summary of project information and include the following items:
• Brief description of work proposed to be done in the original Grant application. • List any official amendments to this Grant Agreement, with a short description of the amendment.

Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:
• A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A
• Electronic copies of any data collected, not previously submitted • Discussion of problems that occurred during the work and how those problems were resolved • Final project schedule showing actual progress versus planned progress as shown in Exhibit C Additional information that may be applicable for implementation projects includes the following:
• Record drawings
• Final geodetic survey information
• Project photos
Attachment "1"
358
Item15.

Grant Agreement No. <46000XXXXX>

Cost & Disposition of Funds
A list showing:
• Summary of Project costs including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed (i.e., additional cost share); and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate.

Additional Information
• Benefits derived from the Project, with quantification of such benefits provided. • If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), consistent with Exhibit D, that the project was conducted in accordance with the approved Work Plan in Exhibit A and any approved amendments thereto. • Submittal schedule for the Post-Performance Report.

GRANT COMPLETION REPORT
The Grant Completion Report shall generally use the following format. This format may be modified as necessary to effectively communicate information on the various projects funded by this Grant Agreement, and includes the following:
• Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual projects.
• Brief discussion whether the level, type, or magnitude of benefits of each project are comparable to the original project proposal; any remaining work to be completed and mechanism for their implementation; and a summary of final funds disbursement for each project.

Additional Information: Summary of the submittal schedule for the Post-Performance Reports applicable for the projects in this Grant Agreement.

POST-PERFORMANCE REPORT
The Post-Performance Report (PPR) should be concise and focus on how each project is performing compared to its expected performance; whether the project is being operated and maintained and providing intended benefits as proposed. A PPR template may be provided by the assigned DWR Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided:

Reports and/or products
• Header including the following:
o Grantee Name
o Implementing Agency (if different from Grantee)
o Grant Agreement Number
o Project Name
o Funding grant source
o Report number
• Post-Performance Report schedule
• Time period of the annual report (e.g., January 2018 through December 2018) Attachment "1"
359
Item15.

Grant Agreement No. <46000XXXXX>

• Project Description Summary
• Discussion of the project benefits
• An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acrefeet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable.
• Any additional information relevant to or generated by the continued operation of the project.

Attachment "1"
360
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT G

REQUIREMENTS FOR DATA SUBMITTAL
Surface and Groundwater Quality Data:

If applicable, groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in project reports.

Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website.

Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org.

If a project’s Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board’s Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at: https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program.

A listing of SWRCB staff involved in the GAMA program can be found at:
https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml.

Groundwater Level Data
For each project that collects groundwater level data, the Grantee will need to submit this data to DWR’s Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described in Exhibit F, “Report Formats and Requirements.” Information regarding the WDL and in what format to submit data in can be found at: http://www.water.ca.gov/waterdatalibrary/.

Attachment "1"
361
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT H

STATE AUDIT DOCUMENT REQUIREMENTS

AND COST SHARE REQUIREMENTS FOR THE GRANTEE
The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee’s Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited.

The Grantee should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Internal Controls

1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project

3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Program/Project.

State Funding:

1. Original Grant Agreement, any amendment(s) and budget modification documents.

2. A listing of all bond-funded grants, loans, or subventions received from the State.

3. A listing of all other funding sources for each Program/Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.

2. Contracts between the Agency and member agencies as related to the State funded Program/Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement.

2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items.

3. Reimbursement requests submitted to the State for the Grant Agreement.

Cash Documents:

1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips (or bank statements) showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

Attachment "1"
362
Item15.

Grant Agreement No. <46000XXXXX>

Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Project Files:

1. All supporting documentation maintained in the project files.

2. All Grant Agreement related correspondence.

Attachment "1"
363
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT I

LOCAL PROJECT SPONSORS AND PROJECT LOCATIONS
The Grantee has assigned, for each project, a Local Project Sponsor (LPS). LPSs may act on behalf of the Grantee for the purposes of individual project management, oversight, compliance, and operations and maintenance. LPSs are identified for each sponsored Project below:

Local Project Sponsor Agency Designation
Sponsored Project: Project 1: <Title>
Sponsor Agency:

Agency Address:

Project Location: Town/City, California (38.1234456, -121.123456)

Local Project Sponsor Agency Designation
Sponsored Project: Project 2: <Title>
Sponsor Agency:

Agency Address:

Project Location: Town/City, California (38.1234456, -121.123456) Attachment "1"
364
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT J

APPRAISAL SPECIFICATIONS
For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. This information should be submitted at least 90 days prior to a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall include all applicable Appraisal Specifications below. Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis regardless of the reporting format.

1. Title page with sufficient identification of appraisal assignment.

2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report.

3. Table of contents.

4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed.

5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.

6. Definition of Fair Market Value, as defined by California Code of Civil Procedure, § 1263.320.

7. Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable.

8. Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s parcels that depict the ownership.

9. A legal description of the subject property, if available.

10. For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.

11. Three (3) year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.

12. Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms of the Option are often not disclosed to the State. If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client.

13. Regional, area, and neighborhood analyses. This information may be presented in a summary format.

14. Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format.

15. Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite improvements, access, land features such as levees and creeks, offsite improvements, easements and Attachment "1"
365
Item15.

Grant Agreement No. <46000XXXXX>

encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).

16. Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items. Construction cost data shall include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets.

17. Subject property leasing and operating cost history, including all items of income and expense.

18. Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership.

19. Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit. Discuss the title exceptions and analyze the effect of title exceptions on fair market value.

20. For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing pre-project levees that render the take area different from the larger parcel shall be addressed in the valuation.

21. Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision.

22. All approaches to market value applicable to the property type and in the subject market. Explain and support the exclusion of any usual approaches to value.

23. Map(s) showing all comparable properties in relation to the subject property.

24. Photographs and plat maps of comparable properties.

25. In-depth discussion of comparable properties, similarities and differences compared to the subject property, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties shall include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.

26. Comparable data sheets.
a. For sales, include information on grantor/Grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source. b. For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available.

Attachment "1"
366
Item15.

Grant Agreement No. <46000XXXXX>

c. For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements shall be segregated from the land value.

27. For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition. An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value.

28. For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work.

29. There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber shall be completed by a credentialed subject matter specialist.

30. For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format.

31. Implied dedication statement.

32. Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject, and explain and support conclusions reached.

33. Discussion of any departures taken in the development of the appraisal.

34. Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.

35. If applicable, in addition to the above, appraisals of telecommunication sites shall also provide:
a. A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. b. An analysis of other leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.

Attachment "1"
367
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT K

INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
The Grantee shall provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents shall be submitted within the term of this Grant Agreement and after a qualified appraisal has been approved. • Name and Address of Title Company Handling the Escrow • Escrow Number
• Name of Escrow Officer
• Escrow Officer’s Phone Number
• Dollar Amount Needed to Close Escrow
• Legal Description of Property Being Acquired
• Assessor’s Parcel Number(s) of Property Being Acquired • Copy of Title Insurance Report
• Entity Taking Title as Named Insured on Title Insurance Policy • Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes • Copy of Final Escrow Instructions
• Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
• Copy of Deed for Review Purposes Prior to Recording
• Copy of Deed as Recorded in County Recorder’s Office
• Copy of Escrow Closure Notice
Attachment "1"
368
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT L

PROJECT MONITORING PLAN GUIDANCE
Introduction
For each project contained in Exhibit A, please include a brief description of the project (maximum ~150 words) including project location, implementation elements, need for the project (what problem will the project address) and responds to the requirements listed below.

Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:
• What are the anticipated project physical benefits?
• What are the corresponding numeric targets for each project benefit? • How will proposed numeric targets be measured?
• What are baseline conditions?
• When will the targets be met (e.g., upon project completion, five years after completion)? • How often will monitoring be undertaken (e.g., monthly, yearly). • Where are monitoring point locations (e.g., meter located at…, at stream mile…)? Include relevant maps.
• How will the project be maintained (e.g., irrigation, pest management, weed abatement)? • What will be the frequency and duration of maintenance proposed activities? • Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)?
• Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)?
• How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)?
• What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance?
• What is the anticipated life of the project?
Attachment "1"
369
Item15.

Grant Agreement No. <46000XXXXX>

EXHIBIT M

INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES The funds provided pursuant to this Agreement may only be used for costs that are directly related to the funded Project. The following provides a list of typical requirements for invoicing, specifically providing guidance on the appropriate methods for invoicing administrative and direct overhead charges.

Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be “Direct Costs” and are eligible expenses as long as:
• There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors. • A “fully-burdened labor rate” can be used to capture allowable administrative costs. • The administrative/overhead costs can never include:
o Non-project specific personnel and accounting services performed within the Grantee or an LPS’ organization
o Generic markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances • Using a general overhead percentage is never allowed
Labor Rates
The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be “burdened”; the burdened rate must be consistent with the Grantee’s/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter.

Attachment "1"
370
Item15.

STAFF REPORT
December 7, 2022
File Number 0740-30

SUBJECT

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ESCONDIDO AND THE ESCONDIDO POLICE OFFICERS’ ASSOCIATION – SWORN PERSONNEL BARGAINING UNIT

DEPARTMENT
Human Resources Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2022-184, approving a one-year extension to the Memorandum of Understanding (“MOU”) between the City of Escondido (“City”) and the Escondido Police Officers’ Association - Sworn Personnel Bargaining Unit (“Association”), commencing January 1, 2023 through December 31, 2023 and a budget adjustment of $279,300 to account for the increased contract costs in FY2022/23.

Staff Recommendation: Approval (Human Resources: Jessica Perpetua, Director of Human Resources) Presenter: Jessica Perpetua, Director of Human Resources

FISCAL ANALYSIS
The total cost of the one-year contract is approximately $558,600. The financial impact to the General Fund for Fiscal Year 2022/23 is $279,300.

PREVIOUS ACTION
On January 27, 2021, the City Council voted to adopt the MOU between the Association and the City of Escondido, for a two-year term that will expire on December 31, 2022.

BACKGROUND
On November 16, 2022, the City Council provided policy and negotiating authority to the City Manager in closed session. Thereafter, both City staff and Association representatives met quickly and efficiently to reach terms of an agreement. Both parties understand the importance of maintaining good labor relationships to serve the community.

The one-year extension provides a 2.3% across-the-board salary increase for police officers and a 3.6% across-the-board increase for police sergeants. In order to address non-competitive entry level starting 371
Item16.
salaries the proposed agreement also removes the bottom two steps from the old salary schedule and adds two steps to the new salary schedule. The proposed agreement also updates medical and dental contribution rates for 2023 and addresses the need to continue to meet and confer regarding potential changes that could result from the implementation of the enterprise resource planning software. On November 28, 2022, members of the Association voted in support of the terms and conditions of this agreement. Likewise, City staff recommends approval.

Attachment 1 is the proposed budget adjustment.

Attachment 2 provides a strike through version of the agreed upon changes to the MOU during the oneyear contract extension.

RESOLUTIONS
a. Resolution No. 2022-184
b. Resolution No. 2022-184 – Exhibit “A”
c. Resolution No. 2022-184 – Exhibit “B”

ATTACHMENTS
a. Attachment “1” – Budget Adjustment
b. Attachment “2” – Proposed MOU Changes Strikethrough
372
Item16.

RESOLUTION NO. 2022-184

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING A ONE-YEAR

EXTENSION TO THE MEMORANDUM OF

UNDERSTANDING BETWEEN REPRESENTATIVES OF THE
ESCONDIDO POLICE OFFICERS’ ASSOCIATION – SWORN

PERSONNEL AND THE CITY OF ESCONDIDO
WHEREAS on January 27, 2021, the Escondido City Council adopted Resolution No. 2021-21, to complete a Memorandum of Understanding between the Escondido Police Officers’ Association – Sworn Personnel (“Association”) and the City of Escondido (“City”) for the period of January 1, 2021 and December 31, 2022 (“MOU”); and
WHEREAS, negotiating teams from the City and the Association have been duly appointed and have met and conferred in good faith to address matters affecting both parties including wages, hours, and other terms and conditions of employment; and
WHEREAS, the City and the Association agree the MOU promotes the continuation of the harmonious relationship between the City and the Association and at this time a one-year extension to the MOU is in the best interest of the City and the Association; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to approve a one-year extension to the MOU that will provide salary and step increases, update medical and dental contribution rates and recognizes the need to meet and confer with regard to the proposed Enterprise Resource Planning System and to better align the MOU with current practices.

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

1. That the above recitations are true.
373
Item16.

2. That to implement the salary changes, MOU Article 2, Salaries and Compensation, Section

2.02, Salary, is repealed and replaced as provided in Resolution No. 2022-184 Exhibit “A”, which includes the repeal and replacement of MOU Exhibit B, Salary Ranges Effective January 2023, and is incorporated herein.

3. That to implement 2023 medical and dental rates, Resolution No. 2022-184 Exhibit “B”, Sworn Police 2023 Benefit Summary, is added as MOU Exhibit C, and is incorporated herein, and references to previous medical coverage and dental insurance rates found in Article 4 Benefit Package are deleted.

4. That the City Council authorizes the City’s negotiating team to execute the one-year extension to the MOU with a new term from January 1, 2023 through December 31, 2023.

5. That the City Manager is authorized to execute a budget adjustment request to implement the proposed salary increases.
374
Item16.

Resolution No. 2022-184
Exhibit "A"

Memorandum of Understanding between Escondido Police Officers’ Association - Sworn Personnel and the City of Escondido
Article 2, Salaries and Compensation
Section 2.02 Salary
a. Police Officers will receive a 2.3 % across the board salary increase, implemented on January 8, 2023, the first day of first full pay period of the contract year. b. Police Sergeants will receive a 3.6% across the board salary increase, implemented on January 8, 2023, the first day of first full pay period of the contract year. c. Exhibit B, Salary Schedule, contains the Escondido Police Officers’ Association Sworn Bargaining Unit Salary Ranges effective January 2023.
d. Effective July 1, 1998, a Step 7 was added to the Police Officer salary table, maintaining the 5 percent (5%) differential for Step 6. Police Officers will become eligible for Step 7 on the beginning of the pay period closest to their 10th anniversary in the position of Police Officer with the City of Escondido and shall have one year of service in Step 6.
e. At the discretion of the Chief of Police, lateral police officers, upon appointment to the position of Police Officer and commensurate with their law enforcement experience, may receive up to five years longevity credit to be applied to the 10-year experience requirement for Step 7. Lateral police officers will become eligible for Step 7 on the beginning of the pay period closest to attaining the 10-year experience requirement (service with the City of Escondido.) The additional longevity, as may be granted by the Chief of Police, applies to no other benefits offered within this MOU
f. Salary is based on 2,080 hours a year.
g. CalPERS reporting of special compensation:

In accordance with CalPERS reporting requirements, special compensation will be reported to CalPERS separately from an employee’s hourly base rate of pay.
h. Exhibit B, Salary Ranges Effective January 2023 provides the new steps after removal of the bottom two steps and the addition of two new steps at the top of the salary schedule. Seven steps remain for Police Officers and six steps for Police Sergeants. A five (5) percent difference in steps will remain. Incumbents in Step 1, Step 2, or Step 3 in 2022, will move to the new Step 1 in Exhibit B. All incumbents will be placed at the closest new step that corresponds to their current base rate of pay, without a decrease. All incumbents will then proceed through the step system on their regularly scheduled step advancement date. i. Following implementation of the new salary schedule, employees will be eligible for a step increase on their next regularly scheduled step advancement date. However, after regularly scheduled step advancement, all subsequent steps shall require one year of service in a step before advancement. The City will no longer provide step advancement after six months in Steps 1 or 2.
375
Item16.

Resolution No. 2022-184
Exhibit "A"

EXHIBIT B
Escondido Police Officers’ Association
Sworn Bargaining Unit
Salary Ranges
Effective January 2023
Union Code: POL
Classification Police Officer Police Sergeant
Step 1 7,474 9,915
Step 2 7,848 10,411
Step 3 8,240 10,931
Step 4 8,652 11,478
Step 5 9,085 12,052
Step 6 9,539 12,654
Step 7 10,016
376
Item16.

Revision Date: January 1, 2023
Exhibit C

SWORN POLICE
2023 BENEFIT SUMMARY
Benefit/Provider Monthly Contributions
Coverage Level City Pays Employee Pays
Kaiser HMO Employee Only
Employee + 1
Family
$525.96
$1,051.92
$1,485.40
$105.06
$210.10
$300.34
Kaiser HDHP w/HSA
Note: The City will contribute
to an employee’s HSA: $750 for
Employee Only coverage;
$1,500 for Employee + 1 or
Family coverage
Employee Only
Employee + 1
Family
$434.66
$869.28
$1,227.14
$77.92
$155.84
$223.32
Delta Preferred PPO Employee Only
Employee + 1
Family
$39.30
$37.94
$36.54
$0.00
$39.38
$96.04
DeltaCare DMO Employee Only
Employee + 1
Family
$22.16
$22.16
$22.16
$0.64
$18.70
$38.34
Anthem BlueView Vision Employee Only
Employee + 1
Family
n/a
n/a
n/a
$7.11
$12.72
$21.08
Critical Illness (The
Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on age
and coverage-See
Benefits
Accident –Low Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$5.20
$8.18
$8.55
$13.51
Accident – High Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$8.09
$12.74
$13.46
$21.19
Hospital Indemnity Plan
(The Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on age
and coverage
ARAG – Legal Plan Plan Membership n/a $24.25
Supplemental Life
Insurance (The Hartford)
Age rated coverage for self,
spouse and children
n/a Rates vary based on
coverage
Group Life Insurance
(The Hartford)
Basic Life and AD&D: $50,000
Dependent Life: $1,000
City pays full cost No cost to employee
Section 125
Pre-tax Premiums,
Medical and Dependent
Care Flexible Spending
Accounts
Provider: TRI-AD
Employee may set aside tax-free FSA $
Annual minimum (both FSAs): $240
Medical FSA annual max: $2,850
Dependent FSA annual max: $5,000
Resolution No. 2022-184
Exhibit "B"

377
Item16.

Revision Date: January 1, 2023

SWORN POLICE
2023 BENEFIT SUMMARY
Benefit/Provider Description
Long Term Disability Peace Officers Research Association of California (PORAC) Retirement Plan
(CalPERS Defined Benefit
Plan)
Employee and Employer share the cost
Tier 1 Classic: 3% @ 50 Employee contribution rate = 12% 1 Year Average Tier 2 Classic: 2% @ 50 Employee contribution rate = 12% 3 Year Average Tier 3 PEPRA: 2.7% @ 57 Employee contribution rate = 13% 3 Year Average 401 (k), 457 and Payroll Roth
IRA Plans (MissionSquare
Retirement)
Employee contributions to plans are optional
Health Insurance Waiver
Rebate
$75 per month for waiving at least one level of health insurance Holidays 10 per year
Plus, an additional 4 hours credited each October
Sick Leave Accrual 8 hours per month, no maximum accrual Annual Vacation Accrual Years of Service
1 to 5 102 hours
5 to 10 144.5 hours
10 to 15 187 hours
15+ 229.5 hours
Max Accrual: 2 ½ years
Work-Life Benefits Employee Assistance Program (EAP) – counseling services The Hartford – Travel Assistance & Identity Theft Program 529 College Savings Plan
Employee Discounts Gym Membership
Dell Computers
Apple Products
AT&T, T-Mobile and Verizon Cellphones
Working Advantage Program – entertainment discounts
Fun Express – entertainment discounts
Education Discounts: National University, Grand Canyon University and Waldorf University
Resolution No. 2022-184
Exhibit "B"

378
Item16.

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: 12/07/2022 For Finance Use Only
Log #
Fiscal Year
Department: Finance
Division:

Project/Budget Manager: Christina Holmes 4620
Name Extension
Council Date (if applicable): 12/07/2022
(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 Regular Full-Time 5001-001-500 210,300
Other Employee Overhead 5025-001-500 3,240
PERS - Normal Cost 5026-001-500 39,350
Workers Comp 5028-001-500 26,410
Fund Balance 3050-001-000 279,300
Explanation of Request:

FY 2022/23 increased contract costs due to approval by the City Council of the Memorandum of Understanding between the City and the Escondido Police Officers' Association bargaining unit.

APPROVALS
Department Head Date City Manager Date
Finance Date City Clerk Date
Distribution (after approval): Original: Finance
DocuSign Envelope ID: E3AD13D5-D61B-4F19-B67B-CA06924EB18A 11/29/2022
11/29/2022
Attachment "1"
379
Item16.

Attachment “2”

PROPOSED MOU CHANGES STRIKETHROUGH
Memorandum of Understanding between Escondido Police Officers’ Association – Sworn Personnel and the City of Escondido
Article 2 Salaries and Compensation
Section 2.02 Salary
a. Police Officers will receive a 2.3 % across the board salary increase, implemented on January 8, 2023, the first day of first full pay period of the contract year. b. Police Sergeants will receive a 3.6% across the board salary increase, implemented on January 8, 2023, the first day of first full pay period of the contract year. c. Exhibit B contains the Escondido Police Officers’ Association Sworn Bargaining Unit Salary Ranges Effective January 2023.
d. Effective July 1, 1998, a Step 7 was added to the Police Officer salary table, maintaining the 5 percent (5%) differential for Step 6. Police Officers will become eligible for Step 7 on the beginning of the pay period closest to their 10th anniversary in the position of Police Officer with the City of Escondido and shall have one year of service in Step 6. e. At the discretion of the Chief of Police, lateral police officers, upon appointment to the position of Police Officer and commensurate with their law enforcement experience, may receive up to five years longevity credit to be applied to the 10-year experience requirement for Step 7.

Lateral police officers will become eligible for Step 7 on the beginning of the pay period closest to attaining the 10-year experience requirement (service with the City of Escondido.) The additional longevity, as may be granted by the Chief of Police, applies to no other benefits offered within this MOU
f. Salary is based on 2,080 hours a year.
g. CalPERS reporting of special compensation:

In accordance with CalPERS reporting requirements, special compensation will be reported to CalPERS separately from an employee’s hourly base rate of pay. h. Exhibit B, Salary Ranges Effective January 2023 provides the new steps after removal of the bottom two steps and the addition of two new steps at the top of the salary schedule. Seven steps remain for Police Officers and six steps for Police Sergeants. A five (5) percent difference in steps will remain. Incumbents in Step 1, Step 2, or Step 3 in 2022, will move to the new Step 1 in Exhibit B. All incumbents will be placed at the closest new step that corresponds to their current base rate of pay, without a decrease. All incumbents will then proceed through the step system on their regularly scheduled step advancement date.
380
Item16.
i. Following implementation of the new salary schedule, employees will be eligible for a step increase on their next regularly scheduled step advancement date. However, after regularly scheduled step advancement, all subsequent steps shall require one year of service in a step before advancement. The City will no longer provide step advancement after six months in Steps 1 or 2. 381
Item16.

ARTICLE 4 BENEFIT PACKAGE
Section 4.01 Health Insurance
I. It is agreed that during the term of this Memorandum of Understanding, the Association and City agree to delegate to the Health Insurance Committee (HIC), subject to the ultimate authority and decision of the City Council which may overrule any decision and shall not be bound by any recommendation of the HIC, the authority to manage the City's Health Benefits Program.

Membership on the HIC, as established in Rule 19 of the Personnel Rules and Regulations, be as follows:

Each bargaining unit with at least twenty-five (25) or more eligible employees shall have one representative on the HIC committee. The City's unclassified group shall provide a number of representatives equal to the total number of representatives provided by all bargaining units.

II. Medical coverage provided by the City will continue to be the lowest cost HMO medical plan as recommended by the Health Insurance Committee and approved by the City Council, and
Beginning January 1, 2019, and thereafter, any medical insurance premium increases will be shared equally by the City and the employee for the lowest cost HMO medical.

Current medical coverage rates are provided in Exhibit C, Sworn Police 2023 Benefit Summary.

The proportional percentage change in premium each year for the base level of coverage (e.g.

Kaiser) after changes in Plan Design by the HIC shall be represented in employee premium participation. (The following participation amounts shall be amended as soon as is reasonably possible.)
The City reserves the right to document, to the City's satisfaction, the status of each employee.

In the event that a majority of the Health Insurance Committee (“HIC”) recommends to the City Council changes in the Health Benefit Plans that either provide the same level of benefit coverage for less cost or greater level of benefit coverage for the same or similar costs, the City will meet and confer with the Bargaining Unit as to implementation of the economic impact of the proposed changes.
382
Item16.

III. The City and the Association agree to a plan to generate cost savings for health insurance premiums in cases where employees are eligible for coverage under an alternate health insurance plan. Employees may waive a level of insurance coverage for themselves and/or their eligible dependents if they are covered under an alternate health insurance plan. If an employee waives insurance coverage at any level, savings result. To recognize the savings, the City and bargaining unit agree to rebate to the employee the amount of $75.00 per month.

Proof of alternate health coverage is required by completing the enrollment/waiver form. Employees will be allowed to enroll during open enrollment or other times during the year as allowed by state/federal law.

Employees who are married or in a state-registered domestic partner relationship with another City employee will receive one (1) $75.00 rebate. The spouse/domestic partner who is waiving coverage will receive the rebate. If the spouse/domestic partner is a non-sworn police employee and receives $600.00 flex dollars, neither the employee nor their spouse/domestic partner is eligible for the $75.00 rebate.

Employees will make contributions to health insurance coverage based on the insurance carrier selected.

Section 4.02 Dental Insurance
Beginning January 1, 2019 and thereafter, dental insurance premium increases, for employee only coverage, will be shared equally by the City and the employee.

Current medical coverage rates are provided in Exhibit C, Sworn Police 2023 Benefit Summary.
383
Item16.

STAFF REPORT
December 7, 2022
File Number 0740-30

SUBJECT

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ESCONDIDO AND THE ESCONDIDO FIREFIGHTERS’ ASSOCIATION – SAFETY AND NON-SAFETY PERSONNEL BARGAINING UNIT

DEPARTMENT
Human Resources Department

RECOMMENDATION
Request the City Council Approve Resolution No. 2022-185, approving the execution of a one-year contract extension to the Memorandum of Understanding (“MOU”) between the Escondido Firefighters’ Association – Safety and Non-Safety Bargaining Unit (“Association”) and the City of Escondido (“City”), commencing January 1, 2023 through December 31, 2023.

Staff Recommendation: Approval (Human Resources: Jessica Perpetua, Director of Human Resources) Presenter: Jessica Perpetua, Director of Human Resources

FISCAL ANALYSIS
The total cost of the one-year contract is approximately $325,530. The financial impact to the General Fund for Fiscal Year 2022/23 is $162,760. The Resolution authorizes the budget adjustment.

PREVIOUS ACTION
On January 27, 2021, the City Council voted to adopt the MOU between the Association and the City, for a two-year term that will expire on December 31, 2022.

BACKGROUND
On November 30, 2022, the City Council provided policy and negotiating authority to the City Manager in closed session. Thereafter, both City staff and Association representatives met quickly and efficiently to reach terms of an agreement. Both parties understand the importance of maintaining good labor relationships to serve the community.

The one-year extension provides a 2.5% across-the-board salary increase for all classifications within the Association. In order to address non-competitive entry level starting salaries the proposed agreement also removes the bottom three steps of the old salary schedule and adds three steps to the new salary 384
Item17.
schedule. The proposed agreement also updates medical and dental contribution rates for 2023, authorizes mentor/preceptor pay for Emergency Medical Technician training, addresses disbursement of holiday-in-lieu pay, updates tuition reimbursement time frame requirements, removes service time requirements for certification and incentive pay, and addresses the need to continue to meet and confer regarding potential changes that could result from the implementation of the enterprise resource planning software. On December 1, 2022, members of the Association voted in support of the terms and conditions of this agreement. Likewise, City staff recommends approval.

Attachment 1 is the proposed budget adjustment.

Attachment 2 provides a strike through version of the agreed upon changes to the MOU during the oneyear contract extension.

RESOLUTIONS
a. Resolution No. 2022-185
b. Resolution No. 2022-185 – Exhibit “A”
c. Resolution No. 2022-185 – Exhibit “B”

ATTACHMENTS
a. Attachment “1” – Budget Adjustment
b. Attachment “2” – Proposed MOU Changes Strikethrough
385
Item17.

RESOLUTION NO. 2022-185

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING A ONE-YEAR

EXTENSION TO THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE ESCONDIDO
FIREFIGHTERS’ ASSOCIATION – SAFETY AND NONSAFETY PERSONNEL AND THE CITY OF ESCONDIDO WHEREAS, on January 27, 2021, the Escondido City Council adopted Resolution No. 2021-13, to complete a Memorandum of Understanding between the Escondido Firefighters’ Association – Safety and Non-Safety Personnel (“Association”) and the City of Escondido (“City”) for the period of January 1, 2021 through December 31, 2022 (“MOU”); and
WHEREAS, negotiating teams from the City and the Association have been duly appointed and have met and conferred in good faith to address matters affecting both parties including wages, hours, and other terms and conditions of employment; and
WHEREAS, the City and the Association agree the MOU promotes the continuation of the harmonious relationship between the City and the Association and at this time a one-year extension to the MOU is in the best interest of the City and the Association; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to approve a one-year extension to the MOU that will provide salary and step increases, authorize mentor and preceptor pay for Emergency Medical Technician training, update medical and dental contribution rates, disburses holiday-in-lieu pay over 26 pay periods, recognizes the need to meet and confer with regard to the proposed Enterprise Resource Planning System, and to better align the MOU with current practices, updates tuition reimbursement time frame requirements, and removes service time requirements for certification and incentive pay.
386
Item17.

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 MOU Article IX, Wages and Classifications, Paragraphs 2, 3, 6, 7, and 9, are repealed and replaced as provided in Resolution No. 2022-185 Exhibit “A”, which includes the repeal and replacement of MOU Exhibit A, Salary Ranges January 2023, and is incorporated herein.

3. That MOU Article XIX, Holidays, is repealed and replaced as provided in Resolution No. 2022-185 Exhibit A.

4. That MOU Article XXVII, Tuition Reimbursement, Paragraph 1, is repealed and replaced as provided in Exhibit A.

5. That MOU Article XXVIII, Certification and Education Incentive Pay is repealed and replaced as provided in Exhibit A.

6. That MOU Article XXXII, MOU Reopeners, is repealed and replaced as provided in Exhibit A.

7. That Resolution No. 2022-185 Exhibit “B”, Safety Fire 2023 Benefit Summary and NonSafety Fire 2023 Benefit Summary, is added as MOU Exhibit B and is incorporated herein, and references to previous medical coverage and dental insurance rates found in Article XI Employee Benefit Programs, Paragraph 3.D.1., Healthcare Premiums and Employee Participation, and Paragraph 6, Dental Plan, are deleted.
387
Item17.

8. That the City Council authorizes the City’s negotiating team to execute the one-year extension to the MOU with a new term from January 1, 2023 through December 31, 2023.

9. That the City Manager is authorized to execute a budget adjustment request to implement the proposed salary increases.
388
Item17.
1 Memorandum of Understanding between Representatives of the Escondido Firefighters’ Association - Safety Personnel – Non-Safety Personnel and the City of Escondido

ARTICLE IX

WAGES AND CLASSIFICATIONS

2. a. All classifications will receive a 2.5 % across-the-board salary increase. b. The following comparable cities/organization were used during contract negotiations:

Carlsbad, Chula Vista, Encinitas, Murrieta, Oceanside, Orange County Fire, Poway, San Diego, San Marcos, and Vista.

3. Salary Schedule:
a. The salary schedule effective for the term of this agreement is depicted on "Exhibit A." b. Exhibit A, Salary Ranges January 2023 provides the new steps after removal of the bottom three steps and the addition of three new steps at the top of the salary schedule. Seven steps remain for Safety Personnel and five steps for Non-Safety Paramedics. A five (5) percent difference in steps will remain. Incumbents in Step 1, Step 2, Step 3 or Step 4 in 2022, will move to the new Step 1 in Exhibit A. All incumbents will be placed at the closest new step that corresponds to their current base rate of pay, without a decrease. All incumbents will then proceed through the step system on their regularly scheduled step advancement date. c. Following implementation of the new 2023 salary schedule, employees will be eligible for a step increase on their next regularly scheduled step advancement date. However, after their next regularly scheduled step advancement date, all subsequent steps shall require one year of service before advancement. The City will no longer provide advancement from Step 1 or Step 2 after six months.

Resolution No. 2022-185
Exhibit "A"

389
Item17.

Exhibit A
2 6. In the event an employee is promoted to a higher pay classification, their pay in the new class will be a minimum of five percent (5%) above their current pay; that is, they will be placed at a regular pay step in the new class which is a minimum of five percent (5%) above their current pay. For the purpose of merit increases, the appropriate time in grade shall be the regular time in grade for the new pay step, which is one year for all steps.

7. Mentor/Preceptor Pay:

Mentors and Preceptors in the paramedic program shall be paid “Mentor Pay” or “Preceptor Pay” for each Firefighter/Paramedic or Non-Safety Paramedic trainee assigned to the Mentors or Preceptors as approved and required by the City, upon completion of the training assignment. The Fire Chief shall determine satisfactory completion of the training assignment. “Mentor or Preceptor Pay” to mentor/preceptor a Firefighter/Paramedic is One Thousand dollars ($1,000.00) or Five Hundred dollars ($500.00) to mentor/preceptor a Non-Safety Paramedic or an Emergency Medical Technician.

9. Longevity Compensation:

In an effort to retain employees that are trained and qualified within the Escondido Fire Department, the following longevity compensation schedule will be implemented for Safety employees:

Five years’ service:

Employees achieving their fifth anniversary of total service with the City of Escondido Fire Department will receive a stipend of $1,000 payable on the first pay period beginning after their service anniversary. Such stipend will be paid annually after achieving the anniversary, Resolution No. 2022-185
Exhibit "A"

390
Item17.

Exhibit A
3 and will be paid only to employees achieving an overall satisfactory performance rating in the previous evaluation period. Additionally, the stipend will be considered as part of total compensation comparison with other fire agencies.

Ten years’ service:

Employees achieving their tenth anniversary of total service with the Escondido Fire Department, and shall have one year of service in Step 6, will be placed on the seven-step salary schedule and will be advanced to the next step on their salary schedule. They will continue progressing within the salary range according to the Personnel Rules for salary progression.

Resolution No. 2022-185
Exhibit "A"

391
Item17.

Exhibit A
4 EXHIBIT A
Salary Ranges January 2023
Safety Personnel
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
FF/Paramedic 7,212 7,573 7,952 8,350 8,767 9,205 9,666
Fire Engineer 7,573 7,952 8,350 8,767 9,205 9,665 10,149 Fire Captain 8,889 9,333 9,800 10,290 10,804 11,345 11,912 Non- Safety Personnel
Step 1 Step 2 Step 3 Step 4 Step 5
Paramedic 4,911 5,157 5,415 5,685 5,970
Resolution No. 2022-185
Exhibit "A"

392
Item17.

Exhibit A
5 ARTICLE XIX

HOLIDAYS

1. Holidays: Every regular, regular part-time and every probationary employee in the Personnel System, except members of the Fire Department who are required to be on duty for a twenty-four (24) hour shift, shall not be required to be on duty on holidays unless the employee's services are needed and required in the interests of the public health, safety or general welfare, in which later event, any such employee shall be entitled to an in lieu holiday or overtime pay, in accordance with these rules.

Safety and Non-Safety members of the Fire Department shall be credited for holidays as follows:

A. Eleven and one-half (11.5) hours of Holiday time shall be credited to each Safety and NonSafety employee's account on a monthly basis. This includes Personnel who are temporarily assigned to a 40-hour training schedule.

B. Holiday hours will be compensated on a straight time basis.

C. Employees who terminate shall be paid in a lump sum for all accrued holiday time earned prior to the effective date of termination.

Resolution No. 2022-185
Exhibit "A"

393
Item17.

Exhibit A
6 ARTICLE XXXII

MOU REOPENERS
Peoplesoft Transition/MOU Alignment & Reorganization

1. The City will continue efforts to replace its legacy payroll, benefits and financial management system, PeopleSoft, during the term of this MOU in order to comply with federal and state law obligations.

2. The City and Association recognize that many aspects of current payroll practice and benefit management procedures will be updated as the City attempts to simplify payroll practices to modernize and to ensure compliance with federal and state laws and this MOU. As the transition occurs, the City will make every effort to ensure that potential changes to any payroll procedures will not have a negative impact on employee compensation. The City will notify the Association of all planned changes.

3. A workweek may begin on any day of the week and at any hour of the day established by the employer. Generally, for purposes of minimum wage and overtime calculations, each workweek stands alone.

4. The City will offer to meet and confer whenever the City learns that implementation of a new payroll system may impact the terms and conditions of employment or compensation.

5. The City and Association agree to explore options to place Emergency Medicine Technicians in a bargaining unit.

6. In support to the City’s efforts to procure a replacement to its current payroll, finance, and benefits management software, PeopleSoft, and to align its labor relations regulations, personnel rules and memorandums of understanding, the City may, by giving seven (7) calendar days’ notice, shall have the right to reopen this MOU to negotiate and terms and conditions of employment.

Resolution No. 2022-185
Exhibit "A"

394
Item17.

Exhibit A
7 ARTICLE XXVII

TUITION REIMBURSEMENT

1. Within budgetary limitations, and subject to the criteria and limitations listed below, the City will reimburse tuition and related expenses up to 100% of the normal tuition fees of the accredited college or university system in an amount up to seven hundred fifty dollars ($750) semiannually or one thousand five hundred dollars ($1,500) per fiscal year.

A maximum of $15,000 will be allotted annually for the use of tuition reimbursement for all FFA members (safety and non-safety employees), as outlined within this Article. For the term of the 2021-2022 MOU only, FFA members will be allowed an opportunity to exceed the $1,500 fiscal year cap per employee, to a maximum of $3,000 per fiscal year. The opportunity to exceed the original cap of $1,500 can occur through the contract term.

Resolution No. 2022-185
Exhibit "A"

395
Item17.

Exhibit A
8 ARTICLE XXVIII

CERTIFICATION AND EDUCATION INCENTIVE PAY
The following is a list of certifications or degrees that qualify Safety Personnel for Certification and Incentive Pay:

The required classes and details of each certification will be described in the appropriate policy in the Administrative Operations Manual (AOM) 705.00. The City and Association mutually agree to discuss possible changes to the required classes as changes occur in the curriculum.

Certification Pay:

Paramedic Certification Pay:.................................................................2.5% of base pay per month Maintain San Diego County Paramedic License.

Engineers and Captains only (current annual Paramedic Certification pay of $450.00 dollars is eliminated for these qualified classifications; Article IX, Section 5).

Technical Rescue Certification:.............................................................1.0% of base pay per month Complete five rescue classes outlined in the AOM 705.00.

Certification in this category must be current with renewal occurring as required by the State Fire Marshall. All represented classifications are eligible to qualify.

Wildland Certification:.............................................................................. 1.0% base pay per month Complete four wildland classes outlined in the AOM 705.00.

Resolution No. 2022-185
Exhibit "A"

396
Item17.

Exhibit A
9 Certification in this category must be current with renewal occurring as required by the State Fire Marshall or the national Wildfire Coordinating Group (NWCG). All represented classifications are eligible to qualify.

Acting Engineer Certification: ................................................................... 1.0% base pay per month Complete two classes as outlined in the AOM 705.00 and complete the Acting Engineer Taskbook.

Firefighter/Paramedic is the only eligible classification. Engineers will be eligible for this pay up to 12 months after promotion to Engineer or upon completion of the Acting Captain Certification, whichever occurs first.

Acting Captain Certification:..................................................................... 1.0% base pay per month Complete CSFM Fire Officer Certification or Company Officer coursework as outlined in the AOM 705.00.

Firefighter/Paramedic and Engineer are the only eligible classifications. Captains will be eligible for this pay up to 12 months after promotion to Captain or upon completion of the Acting Battalion Chief Certification, whichever occurs first.

Acting Battalion Chief Certification (Captains only): ................................ 1.0% base pay per month Complete the Acting Battalion Chief Taskbook and have an Associate’s Degree or a Bachelor’s Degree in Fire Science, Business Administration, Management, Public Administration, or other related course study. (Note: The Bachelor’s Degree requirement can be met with an educational plan approved by the Fire Chief.)
Fire Captain is the only eligible classification.

Resolution No. 2022-185
Exhibit "A"

397
Item17.

Exhibit A
10 Educational Incentive Pay:

Associates Degree:................................................................................2.0% of base pay per month Bachelor’s Degree:................................................................................4.0% of base pay per month Certification and Incentive Pay Criteria:

1. Reserved.

2. Reserved.

3. Fire Administration will notify Human Resources of the certifications and qualifications upon successful completion of requirements.

4. Employees are responsible for supplying all transcripts or certificates to verify course completion. All courses must have a “C” grade or better to qualify.

5. Coursework submitted for educational incentive pay must be obtained from a school accredited by the Western Association of Schools and Colleges or equivalent, or approved by the Council for private post-secondary education.

6. Certification Pay is capped at 5.5% of base pay per month. Does not include Education Pay.

7. Certification and incentive pay shall be reported to CalPERS as “special compensation.” In accordance with CalPERS reporting requirements, special compensation will be reported separately from an employee’s hourly base rate of pay.

8. Employees promoting to a new classification shall not carry forward certification pay uniquely attributable to the subordinate classification and shall only receive certification pay that is attributable to their new classification. Employees will be granted a 12-month Resolution No. 2022-185
Exhibit "A"

398
Item17.

Exhibit A
11 transition period to achieve the certification that may be applicable to qualify for the next certification level in the series.

Resolution No. 2022-185
Exhibit "A"

399
Item17.

Revision Date: January 2023
Exhibit B

SAFETY FIRE
2023 BENEFIT SUMMARY
Benefit/Provider Monthly Contributions
Coverage Level City Pays Employee Pays
Kaiser HMO Employee Only
Employee + 1
Family
$525.96
$1,051.92
$1,485.40
$105.06
$210.10
$300.34
Kaiser HDHP w/HSA
Note: The City will contribute
to an employee’s HSA: $750 for
Employee Only coverage;
$1,500 for Employee + 1 or
Family coverage
Employee Only
Employee + 1
Family
$434.66
$869.28
$1,227.14
$77.92
$155.84
$223.32
Delta Preferred PPO Employee Only
Employee + 1
Family
$39.30
$37.94
$36.54
$0.00
$39.38
$96.04
DeltaCare DMO Employee Only
Employee + 1
Family
$22.16
$22.16
$22.16
$0.64
$18.70
$38.34
Anthem BlueView Vision Employee Only
Employee + 1
Family
n/a
n/a
n/a
$7.11
$12.72
$21.08
Critical Illness (The
Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on age
and coverage-See
Benefits
Accident –Low Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$5.20
$8.18
$8.55
$13.51
Accident – High Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$8.09
$12.74
$13.46
$21.19
Hospital Indemnity Plan
(The Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on age
and coverage
ARAG – Legal Plan Plan Membership n/a $24.25
Supplemental Life
Insurance (The Hartford)
Age rated coverage for self,
spouse and children
n/a Rates vary based on
coverage
Group Life Insurance
(The Hartford)
Basic Life and AD&D: $50,000
Dependent Life: $1,000
City pays full cost No cost to employee
Section 125
Pre-tax Premiums,
Medical and Dependent
Care Flexible Spending
Accounts
Provider: TRI-AD
Employee may set aside tax-free FSA $
Annual minimum (both FSAs): $240
Medical FSA annual max: $2,850
Dependent FSA annual max: $5,000
Resolution No. 2022-185
Exhibit "B"

400
Item17.

Revision Date: January 2023

SAFETY FIRE
2023 BENEFIT SUMMARY
Benefit/Provider Description
California Firefighters Benefit
Trust
Mandatory Employee Contribution: $100 per month
Long Term Disability Administered through the California Association of Professional Firefighters Retirement Plan
(CalPERS Defined Benefit
Plan)
Employee and Employer share the cost
Tier 1 Classic: 3% @ 50 Employee contribution rate = 12% 1 Year Average Tier 2 Classic: 2% @ 50 Employee contribution rate = 12% 3 Year Average Tier 3 PEPRA: 2.7% @ 57 Employee contribution rate = 13% 3 Year Average 401 (k), 457 and Payroll Roth
IRA Plans (MissionSquare
Retirement)
Employee contributions to plans are optional
Health Insurance Waiver
Rebate
$75 per month for waiving at least one level of health insurance Holidays in Lieu 11.5 credited on a monthly basis
Sick Leave Accrual 12 hours per month
No maximum accrual
Annual Vacation Accrual Years of Service
1 to 5 120 hours
6 to 10 168 hours
11 to 15 216 hours
16 to 20 264 hours
21+ 312 hours
Work-Life Benefits Employee Assistance Program (EAP) – counseling services The Hartford – Travel Assistance & Identity Theft Program 529 College Savings Plan
Employee Discounts Gym Membership
Dell Computers
Apple Products
AT&T, T-Mobile and Verizon Cellphones
Working Advantage Program – entertainment discounts
Fun Express – entertainment discounts
Education Discounts: National University, Grand Canyon University and Waldorf University
Resolution No. 2022-185
Exhibit "B"

401
Item17.

Revision Date: January 1, 2023

NON-SAFETY FIRE
2023 BENEFIT SUMMARY
Benefit/Provider Monthly Contributions
Coverage Level City Pays Employee Pays
Kaiser HMO Employee Only
Employee + 1
Family
$525.96
$1,051.92
$1,485.40
$105.06
$210.10
$300.34
Kaiser HDHP w/HSA
Note: The City will contribute
to an employee’s HSA: $750 for
Employee Only coverage;
$1,500 for Employee + 1 or
Family coverage
Employee Only
Employee + 1
Family
$434.66
$869.28
$1,227.14
$77.92
$155.84
$223.32
Delta Preferred PPO Employee Only
Employee + 1
Family
$39.30
$37.94
$36.54
$0.00
$39.38
$96.04
DeltaCare DMO Employee Only
Employee + 1
Family
$22.16
$22.16
$22.16
$0.64
$18.70
$38.34
Anthem BlueView Vision Employee Only
Employee + 1
Family
n/a
n/a
n/a
$7.11
$12.72
$21.08
Critical Illness (The
Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on age
and coverage-See
Benefits
Accident –Low Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$5.20
$8.18
$8.55
$13.51
Accident – High Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$8.09
$12.74
$13.46
$21.19
Hospital Indemnity Plan
(The Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on age
and coverage
ARAG – Legal Plan Plan Membership n/a $24.25
Supplemental Life
Insurance (The Hartford)
Age rated coverage for self,
spouse and children
n/a Rates vary based on
coverage
Group Life Insurance
(The Hartford)
Basic Life and AD&D: $50,000
Dependent Life: $1,000
City pays full cost No cost to employee
Section 125
Pre-tax Premiums,
Medical and Dependent
Care Flexible Spending
Accounts
Provider: TRI-AD
Employee may set aside tax-free FSA $
Annual minimum (both FSAs): $240
Medical FSA annual max: $2,850
Dependent FSA annual max: $5,000
Resolution No. 2022-185
Exhibit "B"

402
Item17.

Revision Date: January 1, 2023

NON-SAFETY FIRE
2023 BENEFIT SUMMARY
Benefit/Provider Description
Short Term Disability Provider: The Hartford
Employee pays .715% of salary
Long Term Disability Provider The Hartford
Employee pays .50% of salary
Retirement Plan
(CalPERS Defined Benefit
Plan)
Employee and Employer share the cost
Tier 1 Classic: 3% @ 60 Employee contribution rate = 8% 1 Year Average Tier 2 Classic: 2% @ 60 Employee contribution rate = 7% 3 Year Average Tier 3 PEPRA: 2% @ 62 Employee contribution rate = 7% 3 Year Average 401 (k), 457 and Payroll Roth
IRA Plans (MissionSquare
Retirement)
Employee contributions to plans are optional
Health Insurance Waiver
Rebate
$75 per month for waiving at least one level of health insurance Holidays in Lieu 124 hours credited on a monthly basis
Sick Leave Accrual 9 hours per month, no maximum accrual Annual Vacation Accrual Years of Service
1 to 5 5 shifts - 120 hours
6 to 10 7 shifts - 168 hours
11 to 15 9 shifts - 216 hours
16 to 20 11 shifts - 264 hours
Work-Life Benefits Employee Assistance Program (EAP) – counseling services The Hartford – Travel Assistance & Identity Theft Program 529 College Savings Plan
Employee Discounts Gym Membership
Dell Computers
Apple Products
AT&T, T-Mobile and Verizon Cellphones
Working Advantage Program – entertainment discounts
Fun Express – entertainment discounts
Education Discounts: National University, Grand Canyon University and Waldorf University
Resolution No. 2022-185
Exhibit "B"

403
Item17.

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: 12/07/2022 For Finance Use Only
Log #
Fiscal Year
Department: Finance
Division:

Project/Budget Manager: Christina Holmes 4620
Name Extension
Council Date (if applicable): 12/07/2022
(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 Regular Full-Time 5001-001-600 129,100
Other Employee Overhead 5025-001-600 1,990
PERS - Normal Cost 5026-001-600 23,230
Workers Comp 5028-001-600 8,440
Fund Balance 3050-001-000 162,760
Explanation of Request:

FY 2022/23 increased contract costs due to approval by the City Council of the Memorandum of Understanding between the City and the Escondido Firefighers' Association bargaining unit.

APPROVALS
Department Head Date City Manager Date
Finance Date City Clerk Date
Distribution (after approval): Original: Finance
DocuSign Envelope ID: E3AD13D5-D61B-4F19-B67B-CA06924EB18A 11/29/2022
11/29/2022
Attachment "1"
404
Item17.

Attachment “2”
1 PROPOSED MOU STRIKEOUT VERSION
Memorandum of Understanding between Representatives of the Escondido Firefighters’ Association - Safety Personnel – Non-Safety Personnel and the City of Escondido

ARTICLE IX

WAGES AND CLASSIFICATIONS
Paragraphs 2, 3, 6, 7 & 9 Strike-out

2. a. All classifications will receive a 2.5 % across-the-board salary increase. b. The following comparable cities/organization were used during contract negotiations: Carlsbad, Chula Vista, Encinitas, Murrieta, Oceanside, Orange County Fire, Poway, San Diego, San Marcos, and Vista.

3. Salary Schedule:
a. The salary schedule effective for the term of this agreement is depicted on "Exhibit A."
b. Exhibit A, Salary Ranges January 2023 provides the new steps after removal of the bottom three steps and the addition of three new steps at the top of the salary schedule.

Seven steps remain for Safety Personnel and five steps for Non-Safety Paramedics. A five (5) percent difference in steps will remain. Incumbents in Step 1, Step 2, Step 3 or Step 4 in 2022, will move to the new Step 1 in Exhibit A. All incumbents will be placed at the closest new step that corresponds to their current base rate of pay, without a decrease. All incumbents will then proceed through the step system on their regularly scheduled step advancement date.
405
Item17.

Attachment “2”
2 c. Following implementation of the new 2023 salary schedule, employees will be eligible for a step increase on their next regularly scheduled step advancement date.

However, after their next regularly scheduled step advancement date, all subsequent steps shall require one year of service before advancement. The City will no longer provide advancement from Step 1 or Step 2 after six months.

6. In the event an employee is promoted to a higher pay classification, their pay in the new class will be a minimum of five percent (5%) above their current pay; that is, they will be placed at a regular pay step in the new class which is a minimum of five percent (5%) above their current pay. For the purpose of merit increases, the appropriate time in grade shall be the regular time in grade for the new pay step, which is one year for all steps.

7. Mentor/Preceptor Pay:

Mentors and Preceptors in the paramedic program shall be paid “Mentor Pay” or “Preceptor Pay” for each Firefighter/Paramedic or Non-Safety Paramedic trainee assigned to the Mentors or Preceptors as approved and required by the City, upon completion of the training assignment. The Fire Chief shall determine satisfactory completion of the training assignment.
“Mentor or Preceptor Pay” to mentor/preceptor a Firefighter/Paramedic is One Thousand dollars ($1,000.00) or Five Hundred dollars ($500.00) to mentor/preceptor a Non-Safety Paramedic or an Emergency Medical Technician.
406
Item17.

Attachment “2”
3 9. Longevity Compensation:

In an effort to retain employees that are trained and qualified within the Escondido Fire Department, the following longevity compensation schedule will be implemented for Safety employees:

Five years’ service:

Employees achieving their fifth anniversary of total service with the City of Escondido Fire Department will receive a stipend of $1,000 payable on the first pay period beginning after their service anniversary. Such stipend will be paid annually after achieving the anniversary, and will be paid only to employees achieving an overall satisfactory performance rating in the previous evaluation period. Additionally, the stipend will be considered as part of total compensation comparison with other fire agencies.

Ten years’ service:

Employees achieving their tenth anniversary of total service with the Escondido Fire Department, and shall have one year of service in Step 6, will be placed on the sevenstep salary schedule and will be advanced to the next step on their salary schedule.

They will continue progressing within the salary range according to the Personnel Rules for salary progression.
407
Item17.

Attachment “2”
4 EXHIBIT A
Salary Ranges January 2023
Safety Personnel
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
FF/Paramedic 7,212 7,573 7,952 8,350 8,767 9,205 9,666
Fire Engineer 7,573 7,952 8,350 8,767 9,205 9,665 10,149 Fire Captain 8,889 9,333 9,800 10,290 10,804 11,345 11,912 Non- Safety Personnel
Step 1 Step 2 Step 3 Step 4 Step 5
Paramedic 4,911 5,157 5,415 5,685 5,970
408
Item17.

Attachment “2”
5 ARTICLE XIX

HOLIDAYS

1. Holidays: Every regular, regular part-time and every probationary employee in the Personnel System, except members of the Fire Department who are required to be on duty for a twentyfour (24) hour shift, shall not be required to be on duty on holidays unless the employee's services are needed and required in the interests of the public health, safety or general welfare, in which later event, any such employee shall be entitled to an in lieu holiday or overtime pay, in accordance with these rules.

Safety and Non-Safety members of the Fire Department shall be credited for holidays as follows:

A. Eleven and one-half (11.5) hours of Holiday time shall be credited to each Safety and Non-Safety employee's account on a monthly basis. This includes Personnel who are temporarily assigned to a 40-hour training schedule.

B. Holiday hours will be compensated on a straight time basis..

C. Employees who terminate shall be paid in a lump sum for all accrued holiday time earned prior to the effective date of termination.

ARTICLE XXXII

MOU REOPENERS
Peoplesoft Transition/MOU Alignment & Reorganization

1. The City will continue efforts to replace its legacy payroll, benefits and financial management system, PeopleSoft, during the term of this MOU in order to comply with federal and state law obligations.

2. The City and Association recognize that many aspects of current payroll practice and 409
Item17.

Attachment “2”
6 benefit management procedures will be updated as the City attempts to simplify payroll practices to modernize and to ensure compliance with federal and state laws and this MOU. As the transition occurs, the City will make every effort to ensure that potential changes to any payroll procedures will not have a negative impact on employee compensation. The City will notify the Association of all planned changes.

3. A workweek may begin on any day of the week and at any hour of the day established by the employer. Generally, for purposes of minimum wage and overtime calculations, each workweek stands alone.

4. The City will offer to meet and confer whenever the City learns that implementation of a new payroll system may impact the terms and conditions of employment or compensation.

5. The City and Association agree to explore options to place Emergency Medicine Technicians in a bargaining unit.

6. In support to the City’s efforts to procure a replacement to its current payroll, finance, and benefits management software, PeopleSoft, and to align its labor relations regulations, personnel rules and memorandums of understanding, the City may, by giving seven (7) calendar days’ notice, shall have the right to reopen this MOU to negotiate and terms and conditions of employment. 410
Item17.

Attachment “2”
7 ARTICLE XXVII

TUITION REIMBURSEMENT

1. Within budgetary limitations, and subject to the criteria and limitations listed below, the City will reimburse tuition and related expenses up to 100% of the normal tuition fees of the accredited college or university system in an amount up to seven hundred fifty dollars ($750) semiannually or one thousand five hundred dollars ($1,500) per fiscal year.

A maximum of $15,000 will be allotted annually for the use of tuition reimbursement for all FFA members (safety and non-safety employees), as outlined within this Article. For the term of the 2021-2022 MOU only, FFA members will be allowed an opportunity to exceed the $1,500 fiscal year cap per employee, to a maximum of $3,000 per fiscal year.

The opportunity to exceed the original cap of $1,500 can occur through the contract term.. 411
Item17.

Attachment “2”
8 ARTICLE XXVIII

CERTIFICATION AND EDUCATION INCENTIVE PAY
The following is a list of certifications or degrees that qualify Safety Personnel for Certification and Incentive Pay:

The required classes and details of each certification will be described in the appropriate policy in the Administrative Operations Manual (AOM) 705.00. The City and Association mutually agree to discuss possible changes to the required classes as changes occur in the curriculum.

Certification Pay:

Paramedic Certification Pay: ....................................................2.5% of base pay per month Maintain San Diego County Paramedic License.

Engineers and Captains only (current annual Paramedic Certification pay of $450.00 dollars is eliminated for these qualified classifications; Article IX, Section 5).

Technical Rescue Certification:................................................1.0% of base pay per month Complete five rescue classes outlined in the AOM 705.00.

Certification in this category must be current with renewal occurring as required by the State Fire Marshall. All represented classifications are eligible to qualify.

Wildland Certification: .................................................................1.0% base pay per month Complete four wildland classes outlined in the AOM 705.00. 412
Item17.

Attachment “2”
9 Certification in this category must be current with renewal occurring as required by the State Fire Marshall or the national Wildfire Coordinating Group (NWCG). All represented classifications are eligible to qualify.

Acting Engineer Certification:......................................................1.0% base pay per month Complete two classes as outlined in the AOM 705.00 and complete the Acting Engineer Taskbook.

Firefighter/Paramedic is the only eligible classification. Engineers will be eligible for this pay up to 12 months after promotion to Engineer or upon completion of the Acting Captain Certification, whichever occurs first.

Acting Captain Certification:........................................................1.0% base pay per month Complete CSFM Fire Officer Certification or Company Officer coursework as outlined in the AOM 705.00.

Firefighter/Paramedic and Engineer are the only eligible classifications. Captains will be eligible for this pay up to 12 months after promotion to Captain or upon completion of the Acting Battalion Chief Certification, whichever occurs first.

Acting Battalion Chief Certification (Captains only):..................1.0% base pay per month Complete the Acting Battalion Chief Taskbook and have an Associate’s Degree or a Bachelor’s Degree in Fire Science, Business Administration, Management, Public Administration, or other related course study. (Note: The Bachelor’s Degree requirement can be met with an educational plan approved by the Fire Chief.) Fire Captain is the only eligible classification.
413
Item17.

Attachment “2”
10 Educational Incentive Pay:

Associates Degree:....................................................................2.0% of base pay per month Bachelor’s Degree:....................................................................4.0% of base pay per month Certification and Incentive Pay Criteria:

1. Reserved.

2. Reserved.

3. Fire Administration will notify Human Resources of the certifications and qualifications upon successful completion of requirements.

4. Employees are responsible for supplying all transcripts or certificates to verify course completion. All courses must have a “C” grade or better to qualify.

5. Coursework submitted for educational incentive pay must be obtained from a school accredited by the Western Association of Schools and Colleges or equivalent, or approved by the Council for private post secondary education.

6. Certification Pay is capped at 5.5% of base pay per month. Does not include Education Pay.

7. Certification and incentive pay shall be reported to CalPERS as “special compensation.” In accordance with CalPERS reporting requirements, special compensation will be reported separately from an employee’s hourly base rate of pay.

8. Employees promoting to a new classification shall not carry forward certification pay uniquely attributable to the subordinate classification and shall only receive 414
Item17.

Attachment “2”
11 certification pay that is attributable to their new classification. Employees will be granted a 12-month transition period to achieve the certification that may be applicable to qualify for the next certification level in the series. 415
Item17.

ORDINANCE NO. 2022-21

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AMENDING CHAPTER 6 OF THE
ESCONDIDO MUNICIPAL CODE, TO ADOPT THE 2022

CALIFORNIA BUILDING, RESIDENTIAL, PLUMBING,

ELECTRICAL, MECHANICAL, HISTORICAL BUILDING,

EXISTING BUILDING AND ENERGY CODES, AND THE GREEN

BUILDING STANDARDS CODE
WHEREAS, the State of California Building Standards Commission is charged with the development of uniform codes and regulations for application to the construction of buildings within the state; and
WHEREAS, California Health and Safety Code Section 17960 requires the City enforce within its jurisdiction all the provisions published in the State Buildings Standards Code and the provisions of other rules and regulations promulgated pursuant to the provisions of the California Health and Safety Code pertaining to the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal, or arrangement of apartments, hotels or dwellings; and WHEREAS, every three years the California Building Standards Commission updates and adopts uniform codes for application throughout the state; and WHEREAS, California Health and Safety Code Section 17958.7 allows local amendments to the California Building Standards Codes, when such codes are amended and adopted at the local level, and when local findings are made for unique climatic, geological or topographical conditions.

NOW, THEREFORE, the City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows:

SECTION 1. That Escondido Municipal Code Chapter 6, Article 1, Section 6-1.2 is repealed and replaced with the following:
416
Item18.

ORDINANCE NO. 2022-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AMENDING CHAPTER 11 OF THE
ESCONDIDO MUNICIPAL CODE TO ADOPT THE 2022

CALIFORNIA FIRE CODE AND LOCAL AMENDMENTS
WHEREAS, the State of California Building Standards Commission is charged with the development of uniform codes and regulations for application to the construction of buildings within the state; and
WHEREAS, California Health and Safety Code Section 17960 requires the city to enforce within its jurisdiction all the provisions published in the State Buildings Standards Code and the provisions of other rules and regulations promulgated pursuant to the provisions of the California Health and Safety Code pertaining to the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal, or arrangement of apartments, hotels or dwellings; and WHEREAS, every three years the California Building Standards Commission updates and adopts uniform codes for application throughout the state; and WHEREAS, California Health and Safety Code Section 17958.7 allows local amendments to the California Building Standards Codes, when such codes are amended and adopted at the local level, and when local findings are made for unique climatic, geological or topographical conditions.

NOW, THEREFORE, the City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows:

SECTION 1. That Escondido Municipal Code Chapter 11, Article 2, Division 1, Section 11- 15(a) is repealed and replaced as follows:
(a) The 2022 California Fire Code, California Code of Regulations, Title 24, Part 9, including Appendix Chapters 4, B, C and D (Sections D102, D103.6, D103.6.1, D103.6.2 417
Item19.

STAFF REPORT
December 7, 2022
File Number 1050-30

SUBJECT

ADOPTION OF THE CITY OF ESCONDIDO VMT EXCHANGE PROGRAM

DEPARTMENT
Development Services Department, Engineering Services

RECOMMENDATION
Request that the City Council adopt Resolution No. 2022-162, adopting the VMT Exchange Program and certifying/adopting the associated Initial Study/Negative Declaration prepared for the project.

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

ENVIRONMENTAL STATUS
An Initial Study/ Negative Declaration (Exhibit B to Resolution 2022-162) was prepared pursuant to California Environmental Quality Act (CEQA) section 15074. The document was circulated for public review from October 27 through November 16, 2022. Staff received correspondence from Caltrans with general comments regarding coordination when projects impact Caltrans’ right-of-way; other comments received were requests for additional information. A Notice of Determination (NOD) was prepared and will be filed with the County Clerk of San Diego.

FISCAL ANALYSIS
The cost to prepare the VMT Exchange Program was included in the General Fund budget. The cost for review of Traffic Impact studies (including VMT analysis) is generally reimbursed by applicants through payment of adopted fees. Projects and programs identified in the VMT Exchange Program will be funded through condition of development entitlement process.

PREVIOUS ACTION
On April 21, 2021, City Council approved an update to the City of Escondido Transportation Impact Analysis Guidelines (TIAG) that set the CEQA VMT threshold of 85% of the regional mean for residential and office development, in conformance with SB 743.
418
Item20.

BACKGROUND
In 2013, Senate Bill 743 required changes to the California Environmental Quality Act (“CEQA”) Guidelines regarding the criteria for determining the significance of transportation impacts of projects. In 2018, the Governor’s Office of Planning and Research, and the California Natural Resources Agency, certified and adopted new CEQA Guidelines, which identified the metric “vehicle miles traveled” (VMT), or the amount and distance of automobile travel attributable to a project, as the most appropriate metric to evaluate a project’s transportation impacts. Further, CEQA Guidelines require that lead agencies, for purposes of CEQA, evaluate the transportation impacts of a project using the VMT metric. Statewide direction under SB 743 set a target to achieve VMT efficiency of 85% of the area average.

In compliance with SB 743, projects that do not meet screening criteria for size or transit proximity and that are located outside of VMT efficient areas (depicted in green below) are required to conduct VMT analysis. San Diego Association of Government (SANDAG) has developed this VMT Map to assist in determining if a project site is located within a VMT efficient area. Figure 1 below shows a sample SANDAG VMT map. Projects located outside of the green census tracts have potential for VMT impacts under CEQA.

Figure 1: San Diego Region SB743 VMT Map
If the VMT analysis determines that the project will generate VMT in excess of the threshold (85% of the regional mean), CEQA requires that the project identify and implement feasible mitigation measures to bring the VMT impacts to below this threshold of significance. Projects that are unable to identify mitigation measures to mitigate VMT impacts to below the significance threshold are required to prepare an Environmental Impact Report (EIR).
419
Item20.

Examples of VMT mitigation measures include integrating affordable housing, pricing/unbundling parking, employee rideshare programs, and employee transit pass program. While there are a number of VMT mitigation measures available to office projects, staff has found that identifying mitigation options for residential projects in suburban areas, particularly for single family homes, can been challenging since there are limited options for on-site mitigation for residential projects. Further, mitigation strategies available may fall short of the required VMT reductions.

PROPOSED PROGRAM
The VMT Exchange Program (Exhibit “C” to Resolution 2022-162) is a voluntary program designed to streamline the ability for development projects to meet VMT targets by identifying mitigation measures that could serve to facilitate or encourage residents to walk, bike or take transit as substitutes for driving trips. Examples of potential mitigation measures include filling in gaps in the sidewalk network, providing crosswalks, bike lanes, pedestrian countdown signals, or bus shelters on existing transit lines. These improvements would preferably be constructed in the vicinity of the proposed development to provide mobility options that reduce VMT created from the project. However, improvements can also be constructed in other areas of the city to enhance mobility options and reduce citywide VMT.

Other types of non-infrastructure mitigation measures are under consideration as future additions to the Program, such as providing commute alternatives, car-sharing, transit passes, travel demand management and clean energy shuttles. The VMT Exchange Program is a living document that will be updated periodically to reflect the addition of VMT reducing projects and/or to reflect current research on the project/program’s effectiveness at reducing VMT.

The Program uses the State guidance from the California Air Pollution Control Officer Association Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Heath and Equity (Handbook). The Program considers specific inputs or variables from the series of formulas provided in the Handbook to calculate how various improvements lead to the reduction of VMT. Established metrics and measurements are applied to assess the rate of change in one variable relative to another. Reduction of VMT associated with specific improvement types may first be calculated on an overall Citywide basis and then segregated to a per unit basis. Some examples include:

Improvement Unit VMT Reduction
Fill in Gap in Sidewalk Network Per mile 303 VMT
Stripe Bike Lane Per mile 71 VMT
Install Bus Shelter Per each 50 VMT
Install Pedestrian Countdown Timers Per Intersection 60 VMT Install High Visibility Crosswalks Per 4 Legs 60 VMT
Install Curb Ramps Per Corner 8 VMT
420
Item20.

If the Program is adopted, City staff will work with the project proponent to identify VMT reduction strategies designed to mitigate the VMT impact of each project as a part of the Traffic Impact Analysis review process. The identified strategies will be included as mitigation measures that would be conditioned to be completed prior to the impact, generally prior to issuance of building permits. VMT reduction strategies implemented would be tracked and included in the annual Climate Action Plan report.

Staff presented the draft VMT Exchange Program to various organizations to receive input. The organizations included the Sierra Club, Bike Coalition, SD350, the Building Industry Association (BIA), and various industry consultants who do regularly prepare Traffic Impact Analysis. Feedback received has been incorporated into the Program.

On July 14, 2022, the Transportation and Community Safety Commission (TCSC) received an update on the VMT Exchange Program, which included details of the components and the project list. The TCSC voted unanimously to recommend approval of the VMT Exchange Program document.

RESOLUTION
a. Resolution No. 2022-162
b. Resolution 2022-162 Exhibit A: “Findings of Fact”
c. Resolution No. 2022-162 Exhibit B: “Initial Study and Negative Declaration” d. Resolution No. 2022-162 Exhibit C: “VMT Exchange Program” 421
Item20.

RESOLUTION NO. 2022-162

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING THE VEHICLE

MILES TRAVELED EXCHANGE PROGRAM AND

ADOPTION OF A NEGATIVE DECLARATION
WHEREAS, Senate Bill 743, enacted in 2013, required changes to the California Environmental Quality Act (“CEQA”) Guidelines regarding the criteria for determining the significance of transportation impacts of projects; and
WHEREAS, in 2018, the Governor’s Office of Planning and Research proposed, and the California Natural Resources Agency certified and adopted, new CEQA Guidelines section 15064.3, which identifies the metric “vehicle miles traveled” (“VMT”) – meaning the amount and distance of automobile travel attributable to a project – as the most appropriate metric to evaluate a project’s transportation impacts; and
WHEREAS, CEQA Guidelines section 15064.3 requires that lead agencies, for purposes of CEQA, evaluate the transportation impacts of a project using the metric VMT; and WHEREAS, automobile delay, as measured by “level of service” and other similar metrics, with limited exceptions in the context of roadway capacity projects, generally no longer constitutes a significant environmental effect under CEQA; and
WHEREAS, pursuant to CEQA, lead agencies are required to determine the significance of all environmental effects for a project; and
422
Item20.

WHEREAS, the City Council of the City of Escondido, California, adopted Transportation Impact Analysis Guidelines including “thresholds of significance” for the VMT metric for a project’s transportation impacts on April 21, 2021 as recommended by CEQA Guidelines section 15064.7; and WHEREAS, The City engaged the assistance of a consultant – Fehr & Peers – to prepare a VMT Exchange Program to streamline the identification of mitigation measures when development projects exceed VMT thresholds pursuant to CEQA; and
WHEREAS, pursuant to CEQA, the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the VMT Exchange Program; and WHEREAS, the City prepared an Initial Study and found that a Negative Declaration would be the appropriate CEQA document; and
WHEREAS, the VMT Exchange Program was presented to the Transportation and Community Safety Commission on July 14, 2022. The Commission recommended approval by City Council.

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 Findings of Fact, attached hereto as Exhibit “A,” have been made by the City Council with regard to the Negative Declaration pursuant to the California Environmental Quality Act.

3. That the City Council does hereby adopt the Negative Declaration, attached as Exhibit “B.”

4. The City Council, therefore, directs that a Notice of Determination be filed with the County Clerk of the County of San Diego in accordance with the CEQA Guidelines. 423
Item20.

5. The City Council does hereby adopt the VMT Exchange Program, attached as Exhibit “C.” 424
Item20.

EXHIBIT “A”

FACTORS TO BE CONSIDERED / FINDINGS OF FACT
Environmental Determinations:

1. Pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et. seq.) (“CEQA”), and its implementing regulations (14 C.C.R. § 15000 et seq.) (“CEQA Guidelines”), the City of Escondido (“City”) is the Lead Agency for the project (“Project”), as the public agency with the principal responsibility for approving the Project.

2. An Initial Study/Negative Declaration (IS/ND) for the Project was prepared, published, circulated and reviewed in accordance with the requirements of CEQA, the CEQA Guidelines, and the local environmental procedures. The decision making body of the Lead Agency shall adopt the proposed IS/ND only if:
- It finds on the basis of the whole record before it that there is no substantial evidence the project will have a significant effect on the environment, and - The IS/ND reflects the Lead Agency's independent judgment and analysis.

3. The City Council has received the material record supporting all of the CEQA documents for the project. The City Council finds the following:
- The Final IS/ND reflects the City’s independent judgment and analysis. - That there is no substantial evidence that the Project or any of its aspects could result in significant adverse impacts.
- The Final IS/ND has been completed in compliance with CEQA and it constitutes a complete, accurate, adequate and good faith effort at full disclosure under CEQA.

4. Pursuant to Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines section 15091(e), all documents and other materials which constitute the record of proceedings are located at the City of Escondido, City Civic Center. The City Clerk, whose office is located at 201 North Broadway, Escondido CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council’s decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.

Resolution No. 2022-162
Exhibit "A"

425
Item20.

INITIAL STUDY/PROPOSED NEGATIVE DECLARATION
City of Escondido Vehicle Miles Traveled
Exchange Program
Prepared for:

City of Escondido
October 2022
Resolution No. 2022-162
Exhibit "B"

426
Item20.

Resolution No. 2022-162
Exhibit "B"

427
Item20.

INITIAL STUDY/PROPOSED NEGATIVE DECLARATION
City of Escondido Vehicle Miles Traveled
Exchange Program
Prepared for:

City of Escondido
City Hall, First Floor
201 North Broadway
Escondido, CA 92025
760.839.4671
Contact:

Ivan Flores
Associate Planner
760.839.4529
Prepared by:

Ascent Environmental, Inc.
1230 Columbia Street, Suite 440
San Diego, CA 92101
619.219.8000
Contact:

Andrew Martin
Senior Environmental Planner
619.489.5564
20220120.01 October 2022
Resolution No. 2022-162
Exhibit "B"

428
Item20.

Resolution No. 2022-162
Exhibit "B"

429
Item20.

PROPOSED NEGATIVE DECLARATION
PROJECT: CITY OF ESCONDIDO VEHICLE MILES TRAVELED EXCHANGE

PROGRAM
LEAD AGENCY: CITY OF ESCONDIDO
Under the California Environmental Quality Act (CEQA), the lead agency is the public agency with primary responsibility over approval of the project. The City of Escondido (City) is the CEQA lead agency because it is responsible for adoption and implementation of the proposed Vehicle Miles Traveled Exchange Program.

PROJECT DESCRIPTION SUMMARY
The proposed program is a Vehicle Miles Traveled (VMT) Exchange Program (program) – a voluntary program in which discretionary development applicants can participate to reduce the amount of VMT generated by their projects. The program will also provide applicants with the option to reduce potentially significant VMT impacts identified through the CEQA review process by constructing specified VMT-reducing projects that have been identified by the City. Initially, the program will provide applicants with the option to implement early action exchange program projects, which include pedestrian network, bicycle network, and transit supportive improvements that are located within existing developed rights of way. In the future, the types of projects included in the program may be expanded, for example to include trip reduction marketing or an intra-city shuttle, but these future project options would not be included in the initial program.

If the program is adopted, any VMT-reducing projects that an applicant voluntarily elects to implement would be adopted as mitigation measures in the CEQA environmental review document for the applicable project. The program would require that VMT-reducing projects be completed by the applicant before the impact from the development project occurs. Ongoing monitoring and tracking of the implementation of VMT-reducing projects would be included in the City’s annual Climate Action Plan implementation status report.

FINDINGS
An Initial Study has been prepared to assess the project’s potential effects on the environment and the significance of those effects. Based on the Initial Study, the City has determined that the project would not have any significant effects on the environment. Therefore, no mitigation measures are proposed.

Pursuant to Section 21082.1 of the California Environmental Quality Act, the City has independently reviewed and analyzed the Initial Study and Negative Declaration for the project and finds that the Initial Study and Negative Declaration reflects the independent judgment of the City.

I hereby approve this project:
_________________________________________
Ivan Flores, Associate Planner
City of Escondido
(to be signed upon approval of the project after the public review period is complete) Resolution No. 2022-162
Exhibit "B"

430
Item20.

This page intentionally left blank.

Resolution No. 2022-162
Exhibit "B"

431
Item20.

TABLE OF CONTENTS
Section Page
LIST OF ABBREVIATIONS .......................................................................................................................................................................... III 1 INTRODUCTION ........................................................................................................................................................................ 1-1

1.1 Introduction and Regulatory Guidance ......................................................................................................................1-1

1.2 Why this Document?.........................................................................................................................................................1-1

1.3 Summary of Findings ....................................................................................................................................................... 1-2

1.4 Document Organization ................................................................................................................................................. 1-2 2 PROJECT DESCRIPTION ...........................................................................................................................................................2-1

2.1 VMT Exchange Program Overview.............................................................................................................................. 2-1

2.2 Background ......................................................................................................................................................................... 2-1

2.3 Program Location............................................................................................................................................................. 2-2

2.4 Description of the Proposed Program...................................................................................................................... 2-7

2.5 Program Objectives ........................................................................................................................................................ 2-11

2.6 Required Approvals ........................................................................................................................................................ 2-11 3 ENVIRONMENTAL CHECKLIST...............................................................................................................................................3-1

3.1 Aesthetics ............................................................................................................................................................................ 3-5

3.2 Agriculture and Forest Resources............................................................................................................................... 3-9

3.3 Air Quality ......................................................................................................................................................................... 3-12

3.4 Biological Resources...................................................................................................................................................... 3-19

3.5 Cultural Resources ......................................................................................................................................................... 3-23

3.6 Energy................................................................................................................................................................................. 3-26

3.7 Geology and Soils .......................................................................................................................................................... 3-29

3.8 Greenhouse Gas Emissions ......................................................................................................................................... 3-33

3.9 Hazards and Hazardous Materials ........................................................................................................................... 3-37

3.10 Hydrology and Water Quality.................................................................................................................................... 3-41

3.11 Land Use and Planning................................................................................................................................................. 3-46

3.12 Mineral Resources.......................................................................................................................................................... 3-48

3.13 Noise................................................................................................................................................................................... 3-50

3.14 Population and Housing.............................................................................................................................................. 3-56

3.15 Public Services ................................................................................................................................................................. 3-58

3.16 Recreation......................................................................................................................................................................... 3-60

3.17 Transportation................................................................................................................................................................. 3-61

3.18 Tribal Cultural Resources ............................................................................................................................................. 3-64

3.19 Utilities and Service Systems ...................................................................................................................................... 3-66

3.20 Wildfire............................................................................................................................................................................... 3-69

3.21 Mandatory Findings of Significance......................................................................................................................... 3-72 4 REFERENCES .............................................................................................................................................................................. 4-1 5 REPORT PREPARERS AND CONTRIBUTORS ......................................................................................................................5-1

5.1 City of Escondido............................................................................................................................................................... 5-1

5.2 Fehr & Peers........................................................................................................................................................................ 5-1

5.3 Ascent Environmental ...................................................................................................................................................... 5-1 Resolution No. 2022-162
Exhibit "B"

432
Item20.

Figures
Figure 2-1 Regional Location............................................................................................................................................................. 2-3 Figure 2-2 Project Location ................................................................................................................................................................ 2-4 Figure 2-3 Early Action Sidewalk Projects ..................................................................................................................................... 2-5 Figure 2-4 Existing and Planned Bikeways .................................................................................................................................... 2-6 Tables
Table 2-1 VMT Exchange Program – Early Action Project List............................................................................................. 2-8 Table 2-2 Required Approvals ........................................................................................................................................................ 2-11 Table 3-1 Sources and Health Effects of Criteria Air Pollutants ......................................................................................... 3-13 Table 3-2 County of San Diego Screening-Level Thresholds for Air Quality Impact Analysis ................................ 3-15 Table 3-3 Acoustic Term Definitions........................................................................................................................................... 3-50 Table 3-4 City of Escondido Sound Level Limits .................................................................................................................... 3-52 Resolution No. 2022-162
Exhibit "B"

433
Item20.

LIST OF ABBREVIATIONS
AB Assembly Bill
Basin Plan Water Quality Control Plan for the San Diego Basin BMP best management practice
CAA federal Clean Air Act
CAAQS California Ambient Air Quality Standards
CAL FIRE California Department of Forestry and Fire Protection CalGreen California Green Building Standards Code
CAP climate action plan
CARB California Air Resources Board
CCAA California Clean Air Act
CCR California Code of Regulations
CEC California Energy Commission
CEQA California Environmental Quality Act
City City of Escondido
CNEL community noise equivalent level
CO carbon monoxide
CO2 carbon dioxide
CO2e carbon-dioxide-equivalent
County of San Diego 2007
CPUC California Public Utilities Commission
CRHR California Register of Historical Resources
CWMP construction waste management plan
dB decibels
diesel PM diesel particulate matter
DOC California Department of Conservation
DWR California Department of Water Resources
EAP Energy Action Plan
EFD City of Escondido Fire Department
EMC City of Escondido Municipal Code
Resolution No. 2022-162
Exhibit "B"

434
Item20.

EO Executive Order
EPA U.S. Environmental Protection Agency
EPD Escondido Police Department
EUHSD Escondido Union High School District
EUSD Escondido Union School District
EWWD City of Escondido Water and Wastewater Division
FHSZ Fire Hazard Severity Zone
FMMP Farmland Monitoring and Mapping Program
General Plan EIR 2012 Escondido General Plan Update, Downtown Specific Plan Update, and Climate Action Plan Environmental Impact Report
GHG greenhouse gas
GSP groundwater sustainability plan
HA hydrologic area
HU hydrologic unit
I-15 Interstate 15
IS/proposed ND Initial Study/Proposed Negative Declaration lbs/day pounds per day
LED light emitting diodes
LOS level of service
MHCP Multiple Habitat Conservation Program
MLD most likely descendant
MRZ mineral resource zone
MWD Municipal Water District
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NCTD North County Transit District
NO2 nitrogen dioxide
NPDES National Pollutant Discharge Elimination System
Resolution No. 2022-162
Exhibit "B"

435
Item20.

OPR Governor’s Office of Planning and Research
PM10 Respirable particulate matter
PM2.5 Fine particulate matter
PPV peak particle velocity
PRC Public Resources Code
program Vehicle Miles Traveled Exchange Program
RAQS 2016 Revision of the Regional Air Quality Strategy for San Diego County RMS root-mean-square
RWQCB regional water quality control board
SANDAG San Diego Association of Governments
SB Senate Bill
SDAB San Diego Air Basin
SDAPCD San Diego County Air Pollution Control District
SDG&E San Diego Gas & Electric
SLT screening level threshold
SO2 sulfur dioxide
SR 78 State Route 78
SWPPP storm water pollution prevention plan
SWRCB State Water Resources Control Board
TAC toxic air contaminant
VdB vibration decibels
VMT vehicle miles traveled
VOC volatile organic compounds
VWD Vallecitos Water District
Resolution No. 2022-162
Exhibit "B"

436
Item20.

This page intentionally left blank.

Resolution No. 2022-162
Exhibit "B"

437
Item20.
1 INTRODUCTION

1.1 INTRODUCTION AND REGULATORY GUIDANCE
This Initial Study/Proposed Negative Declaration (IS/proposed ND) has been prepared by the City of Escondido to evaluate potential environmental effects resulting from Vehicle Miles Traveled (VMT) Exchange Program (program).

Section 2 “Project Description” presents the detailed program information.

This document has been prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.). An initial study is prepared by a lead agency to determine if a project may have a significant effect on the environment (State CEQA Guidelines Section 15063[a]), and thus to determine the appropriate environmental document. In accordance with State CEQA Guidelines Section 15070, a “public agency shall prepare…a proposed negative declaration or mitigated negative declaration…when: (a) The Initial Study shows that there is no substantial evidence…that the project may have a significant impact on the environment, or (b) The Initial Study identifies potentially significant effects but revisions to the project plans or proposal are agreed to by the applicant and such revisions would reduce potentially significant effects to a less-than-significant level.” In this circumstance, the lead agency prepares a written statement describing its reasons for concluding that the project would not have a significant effect on the environment and, therefore, does not require the preparation of an Environmental Impact Report (EIR). By contrast, an EIR is required when the project may have a significant environmental impact that cannot clearly be reduced to a less-than-significant effect by adoption of mitigation or by revisions in the project design.

1.2 WHY THIS DOCUMENT?
As described in the environmental checklist (Chapter 3), the program would not result in any significant environmental impacts. Therefore, an IS/proposed ND is the appropriate document for compliance with the requirements of CEQA. This IS/proposed ND conforms to these requirements and to the content requirements of State CEQA Guidelines Section 15071.

Under CEQA, the lead agency is the public agency with primary responsibility over approval of the project. The City of Escondido is the CEQA lead agency because they are responsible for adopting and implementing the program, which is the “project” evaluated in this IS/proposed ND. The purpose of this document is to present to decision-makers and the public information about the environmental consequences of implementing the program. This disclosure document is being made available to the public for review and comment. This IS/proposed ND will be available for a 20-day public review period from October 27, 2022 to November 16, 2022.

Supporting documentation referenced in this document is available for review at:

City of Escondido
City Hall, First Floor
201 North Broadway
Escondido, CA 92025
Comments should be addressed to:

Ivan Flores
City of Escondido
City Hall, First Floor
201 North Broadway
Escondido, CA 92025
Resolution No. 2022-162
Exhibit "B"

438
Item20.

E-mail comments should be addressed to:

Ivan Flores
[email protected]
If you have questions regarding the IS/proposed ND, please call Ivan Flores at: (760) 839-4529. If you wish to send written comments (including via e-mail), they must be postmarked by November 16, 2022.

After comments are received from the public and reviewing agencies, the City may (1) adopt the ND and adopt the program; (2) undertake additional environmental studies; or (3) abandon the program.

1.3 SUMMARY OF FINDINGS
Chapter 3 of this document contains the analysis and discussion of potential environmental impacts of the program using the sample initial study checklist questions provided in Appendix G to the State CEQA Guidelines. The evaluation demonstrates that the program would have either no impacts or less-than-significant impacts for all of the environmental topics evaluated, which are as follows:
 Aesthetics
 Agriculture and Forest Resources
 Air Quality
 Biological Resources
 Cultural Resources
 Energy
 Geology and Soils
 Greenhouse Gas Emissions
 Hazards and Hazardous Materials
 Hydrology and Water Quality
 Land Use and Planning
 Mineral Resources
 Noise
 Population and Housing
 Public Services
 Recreation
 Transportation
 Tribal Cultural Resources
 Utilities and Service Systems
 Wildfire

1.4 DOCUMENT ORGANIZATION
This IS/proposed ND is organized as follows:

Chapter 1: Introduction. This chapter provides an introduction to the environmental review process. It describes the purpose and organization of this document as well as presents a summary of findings.

Chapter 2: Project Description and Background. This chapter presents an overview and background of the program, provides a detailed description of the program, and identifies program objectives.

Chapter 3: Environmental Checklist. This chapter analyzes the potential environmental impacts of the program using the sample initial study checklist questions provided in Appendix G to the State CEQA Guidelines.

Chapter 4: References. This chapter lists the references used in preparation of this IS/proposed ND.

Chapter 5: List of Preparers. This chapter identifies report preparers.

Resolution No. 2022-162
Exhibit "B"

439
Item20.
2 PROJECT DESCRIPTION

2.1 VMT EXCHANGE PROGRAM OVERVIEW
The City of Escondido (City) proposes to adopt a Vehicle Miles Traveled (VMT) Exchange Program (program) – a voluntary program in which discretionary development applicants can participate to reduce the amount of VMT generated by their individual development projects. This program is the “project” evaluated in this IS/proposed ND.

The program would provide applicants with the option to reduce potentially significant VMT impacts identified through the California Environmental Quality Act (CEQA) review process if they agree to construct specified VMTreducing projects that have been identified by the City. The program would provide applicants with the option to implement early action exchange program projects, which include pedestrian network, bicycle network, and transit supportive improvements that are located within existing developed rights-of-way in the city. In the future, the types of projects included in the program may be expanded, for example to include trip reduction marketing or an intracity shuttle, but these future project options would not be included in the initial program.

If the program is adopted, any VMT-reducing projects that an applicant voluntarily elects to implement would be adopted as mitigation measures in the CEQA environmental review document for the applicable project. The program would require that VMT-reducing projects be completed by the applicant before the impact from the development project occurs. Ongoing monitoring and tracking of the implementation of VMT-reducing projects would be included in the City’s annual climate action plan (CAP) implementation status report.

This chapter presents a description of the program, including the types of VMT-reducing projects that could be implemented if the program is adopted. Chapter 3, Environmental Checklist, evaluates the potential environmental effects that would occur if the VMT-reducing projects included in the program are implemented.

2.2 BACKGROUND
Traditionally, Level of Service (LOS) has been used as the primary transportation analysis metric under the California Environmental Quality Act (CEQA). However, in 2013 the Legislature passed legislation that ultimately eliminated LOS in most instances as a basis for environmental analysis under CEQA. Senate Bill (SB) 743, which was signed into law in 2013, required the Governor’s Office of Planning and Research (OPR) to develop a new State CEQA guideline to address transportation metrics under CEQA; thus, changing how lead agencies evaluate transportation impacts under CEQA.

Enacted as part of Senate Bill 743 (2013), Public Resources Code (PRC) Section 21099, subdivision (b)(1), directed OPR to prepare, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption proposed CEQA Guidelines addressing “criteria for determining the significance of transportation impacts of projects within transit priority areas. Those criteria shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” Subdivision (b)(2) of PRC Section 21099 further provides that “[u]pon certification of the guidelines by the Secretary of the Natural Resources Agency pursuant to this section, automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion shall not be considered a significant impact on the environment pursuant to [CEQA], except in locations specifically identified in the guidelines, if any.”
On December 28, 2018, the California Resources Agency certified and adopted updates to the CEQA Guidelines which included the adoption of California Code of Regulations (CCR) Section 15064.3, “Determining the Significance of Transportation Impacts.” Pursuant to CCR Section 15064.3, automobile delay and similar metrics relating to vehicular roadway capacity and traffic congestion were eliminated as the basis for determining significant impacts, effectively being replaced with VMT as the primary metric to identify transportation related impacts under CEQA. This fundamental shift to the manner in which transportation impacts are considered under CEQA has led to the need for the development and application of new VMT-based mitigation strategies and options.

Resolution No. 2022-162
Exhibit "B"

440
Item20.

Various strategies are available to mitigate transportation impacts from VMT-inducing projects. Direct mitigation strategies are generally applied either directly at the project site in the form of a Transportation Demand Management (TDM) plan and/or on-site improvements (e.g., bicycle, pedestrian, and transit facility improvements). TDM strategies are methods of reducing VMT by changing travel behavior, and commonly include commute reduction programs such as carpooling, vanpools, and telecommuting options; subsidized transit passes; parking cash-out programs; reductions in on-site parking spaces; on-site bike racks and showers; and providing school bus services. These direct mitigation strategies are generally most effective in areas with higher land use density, a greater diversity of land uses, and where multiple travel modes are available (e.g., walking, bicycling, and taking public transit). Although on-site multi-modal improvements are commonly used to mitigate VMT impacts, the most effective manner to mitigate VMT through the provision of multi-modal facilities is via comprehensive network improvements that would more than likely be located outside of the project site and within the public right-of-way. Therefore, using multi-modal facilities to mitigate VMT related impacts is best done at the programmatic level. Common program-based approaches include:
 VMT Impact Fee Programs: This type of program allows a developer to pay a VMT impact fee that goes toward funding a capital improvement program, consisting largely of transit, bicycle, and pedestrian projects.  VMT Exchange Programs: This type of program allows a developer to offset transportation impacts from a VMTgenerating project by implementing an off-site VMT-reducing project.  VMT Mitigation Banks: This type of program allows a developer to purchase VMT reduction credits that can be applied to fund local, regional, or state-level VMT reduction projects or actions.

The City determined that a VMT exchange program would best fit the needs of Escondido. The City commissioned a technical report, entitled City of Escondido VMT Exchange Program Documentation (Fehr & Peers 2022), which provides justification for creating the VMT exchange program, identifies the projects that would be available under the VMT exchange program, and quantifies the VMT reduction that each project would achieve. The technical report identifies early action and future VMT-reducing projects that would be included as part of the City’s overall VMT exchange program. The early action VMT-reducing projects, which would include bicycle, pedestrian, and transit supportive infrastructure and capital improvement projects, are the subject of this IS/proposed ND. In the future, the City may expand the types of VMT-reducing projects included in the program, for example to include trip reduction marketing or an intra-city shuttle, but these future project options would not be included in the initial program.

Because these future VMT-reducing projects are not currently proposed for inclusion in the program, they are not reasonably foreseeable, and therefore are not evaluated as part of this IS/proposed ND.

2.3 PROGRAM LOCATION
As shown in Figure 2-1, the City of Escondido is located in northern San Diego County, approximately 30 miles north of Downtown San Diego and 18 miles east of the Pacific Ocean. The city includes approximately 37.5 square miles within the incorporated boundary, and approximately 68 square miles within the city’s Sphere of Influence. Escondido is bounded on the north by the unincorporated communities of Valley Center and Hidden Meadows, on the west by the City of San Marcos, on the south by Lake Hodges and the City of San Diego, and on the east by unincorporated San Diego County. Interstate 15 bisects Escondido in a north-south direction and State Route 78 transitions from freeway to surface streets in an east-west direction through the community.

The program area encompasses incorporated areas within Escondido’s city limits, as shown in Figure 2-2. All early action VMT-reducing projects in the program area would be located within developed roadway rights-of-way in the city. Table 2-1 identifies the specific locations of early action VMT-reducing projects that could be selected. The locations of early action sidewalk projects are shown in Figure 2-3 and potential future bicycle facility projects are shown in Figure 2-4.

Additional potential future sidewalk and bicycle facility projects will be located within City streets and will be identified in the City’s future Comprehensive Active Transportation Strategy Applicants may choose a VMT-reducing project from Table 2-1. Alternatively, applicants may propose similar VMT-reducing projects at other locations throughout Escondido.

These applicant-proposed locations must be reviewed by City Development Services staff and must meet specific criteria to demonstrate that comparable VMT reductions would be achieved. The criteria for applicant-proposed locations are described in more detail in Section 2.4, “Description of the Proposed Program.” Resolution No. 2022-162
Exhibit "B"

441
Item20.

Source: image adapted by Ascent Environmental in 2022.

Figure 2-1 Regional Location
Resolution No. 2022-162
Exhibit "B"

442
Item20.

Source: image adapted by Ascent Environmental in 2022.

Figure 2-2 Project Location
Resolution No. 2022-162
Exhibit "B"

443
Item20.

Source: image prepared by Fehr & Peers in 2022, adapted by Ascent Environmental in 2022.

Figure 2-3 Early Action Sidewalk Projects
Resolution No. 2022-162
Exhibit "B"

444
Item20.

Source: image prepared by the city of Escondido in 2012, adapted by Ascent Environmental in 2022.

Figure 2-4 Existing and Planned Bikeways
Resolution No. 2022-162
Exhibit "B"

445
Item20.

2.4 DESCRIPTION OF THE PROPOSED PROGRAM
As required under SB 743, an applicant would perform a transportation VMT analysis to determine if a development project would result in a potentially significant transportation VMT impact under CEQA. If a potentially significant impact under CEQA is identified, an applicant would be required to first identify on-site mitigation measures in consultation with City Development Services staff to reduce the project’s VMT. If a significant impact remains after applying on-site mitigation, the applicant would have the option to utilize the program for full or partial mitigation of the impact. The program would consist of projects that applicants can implement in exchange for VMT reductions that can be applied to individual development projects.

As part of the program, the applicant would consult with City Development Services Staff to discuss which VMTreducing projects could be implemented to reduce VMT impacts. VMT-reducing projects would fall within the following categories: pedestrian network, bicycle network, and transit-supportive improvements. Table 2-1 identifies specific early action VMT-reducing projects that are part of the program. An applicant may select a project from the project list in Table 2-1. Alternatively, applicants may propose VMT-reducing projects at other locations beyond those listed in Table 2-1. However, applicant-proposed locations must be reviewed and approved by City Development Services Staff. VMT-reducing projects would be selected based on feasibility and considering the following conditions, as listed in order of priority:
a) The VMT-reducing project is near the development project (i.e., within a 0.5-mile travel distance from the development project) and connects the project or existing community to an existing pedestrian, bicycle or transit corridor.
b) If a VMT-reducing project that meets priority (a), cannot be identified, identify a VMT-reducing project that facilitates bicycle or pedestrian access to a key destination (e.g., park, school, community center, or shopping center) within a 0.5-mile travel distance from the development project. c) If a VMT-reducing project that meets priorities (a) and (b), cannot be identified, then expand the geography to citywide, first identifying a VMT-reducing project that connects existing communities to an existing pedestrian, bicycle or transit corridor and then expanding to a VMT-reducing project that facilitates bicycle or pedestrian access to a key destination (e.g., park, school, community center, or shopping center).

Depending on the type of VMT-reducing project (i.e., pedestrian network, bicycle network, and transit-supportive improvements), additional parameters must be met. These parameters are described in Sections 2.4.1 to 2.4.3.

Adoption of the program would not directly result in changes to the physical environment; however, individual VMTreducing projects would result in improvements to the existing transportation network. Physical improvements would vary depending on the type of VMT-reducing project an applicant selects. In general, physical improvements may include installing new painted or raised crosswalks or mid-block crossings; new painted or raised medians; new curb extensions, curb ramps, pedestrian refuge islands, or other modifications to existing curbs, gutters and drainage inlets; raised intersections; new colored concrete and/or colored pavement; new signage; re-striped vehicle lanes; new landscaping; new traffic signals; and new rapid rectangular flashing beacons. In addition, physical improvements may include modifying traffic signals (e.g., new phase for people on bikes/walking), repaving the roadway surface (e.g., slurry seal), adding new street lighting, marking new bike lanes or upgrading existing bike lanes, installing new street furniture and amenities at existing bus stops, and implementing similar minor physical improvements. Some of these physical improvements would require limited ground disturbance within existing, developed roadway rights-ofway. Some improvements may require relocating existing above-ground utilities (e.g., powerlines or utility boxes) or stormwater infrastructure (e.g., curb, gutter, and drains).

Resolution No. 2022-162
Exhibit "B"

446
Item20.

Table 2-1 VMT Exchange Program – Early Action Project List # Project Unit Daily VMT Reduction
Pedestrian Network Improvements

1. Increase Sidewalk Coverage
1-1 Rose Elementary: E. Lincoln Ave between N. Rose St and Thomas Way (North side) 850 feet 49 VMT
1-2 Rose Elementary: N. Rose Street between E. Lincoln Avenue and E. El Norte Parkway (East side) 1,750 feet 101 VMT
1-3 Rincon Middle School: Conway Drive between Rincon Avenue and Lehner Avenue (Both sides) 3,800 feet 219 VMT
1-4 Rincon Middle School: N. Ash Street between Spur Court to the City Limits (Both sides) 2,250 feet 130 VMT
1-5 Felicita Elementary: S. Redwood Street between 13th Avenue and 15th Avenue (West side) 700 feet 41 VMT
1-6 Felicita Elementary: S. Redwood Street between 15th and W. Felicita Avenue (Both sides) 1,150 feet 66 VMT
1-7 Felicita Elementary: 15th Avenue between Tulip Street and Centre City Parkway (Both sides) 2,250 feet 130 VMT
1-8 Felicita Elementary: 13th Avenue between S. Redwood Street and South Quince Street (South side) 400 feet 23 VMT
1-9 Hidden Valley Middle School: S. Citrus Avenue between La Ramada Lane and Patterson Road (East side) 950 feet 55 VMT
1-10 Farr Elementary: Farr Avenue between North Ash Street and North Fig Street (North side) 1,100 feet 64 VMT
1-11 Conway Elementary School Sheridan Avenue between N. Ash Street and Fallsview Place (North side) 950 feet 55 VMT
1-12 Escondido High School: Sheridan Avenue between Taft Street and N.

Elm Street (Both sides) 2,100 feet 121 VMT
1-13 Calvin Christian School: Vista Avenue between N. Ash Street and Bello Hills Lane (South side) 920 feet 53 VMT
1-14 N. Ash Street between Rincon Avenue and Madison Avenue Various 303 VMT per 1 mile of new sidewalk 1-15 Stanley Avenue between N. Broadway Street and Conway Street Various 303 VMT per 1 mile of new sidewalk 1-16 Other locations Various 303 VMT per 1 mile of new sidewalk

2. Improve Existing Pedestrian Infrastructure
2-1
Intersection HVC 2 legs striped HVC 30 VMT
4 legs striped HVC 60 VMT
3 legs striped HVC for Tintersection 45 VMT
2-2
Intersection Pedestrian Refuge Islands 2 islands 30 VMT 4 islands 60 VMT
3 islands for T-intersection 45 VMT
Resolution No. 2022-162
Exhibit "B"

447
Item20.
# Project Unit Daily VMT Reduction
2-3
Intersection Raised Crosswalk1 2 raised crosswalks 30 VMT 4 raised crosswalks 60 VMT
3 raised crosswalks for
T-intersection 45 VMT
2-4 Intersection Pedestrian Signal Upgrades (countdown pedestrian heads and accessible pedestrian signals)
1 intersection upgrade
(whole intersection) 60 VMT per intersection
2-5 Intersection Curb Ramps (directional ramps preferred) 1 corner 8 VMT per corner 2-6 Install Curb-Extensions (bulb-outs) 1 intersection approach 8 VMT per intersection approach (32 VMT maximum)
2-7
Upgrade Existing or Install New Mid-Block Crossing with HVC and RRFB/PHB (or other pedestrian activated crossing signals) as determined appropriated by the City’s Crosswalk Policy
1 HVC Mid-Block Crossing
with RRFB or PHB
30 VMT per mid-block crossing with
RRFB or PHB
2-8 Mid-Block Crossing Pedestrian Refuge Island and other improvements as determined appropriate by the City’s Crosswalk Policy 1 island 30 VMT per unit 2-9 Mid-Block Crossing Raised Crosswalk and other improvements as determined appropriate by the City’s Crosswalk Policy 1 raised crosswalk 30 VMT per crosswalk 2-10
Traffic Calming Device (e.g., traffic circles, speed tables, other speed reduction features) as identified in the City’s Traffic Management Toolbox2
Each device 30 VMT per each device (maximum
60 VMT per block)
2-11 Other pedestrian improvements may be identified through consultation with City Development Services staff 1 measure 30 VMT per measure as
reviewed/approved by City
Development Services staff
Bicycle Network Improvements

3. Increase Bicycle Facility Coverage
3-1 New Class I or Class IV Bikeway 1 mile (bi-directional) 107 VMT 3-2 New Class II Bike Lane 1 mile (bi-directional) 71 VMT 3-3 Upgrade Existing Bicycle Facility (from Class II to Class I or IV; Class III to Class I, II, or IV) 1 mile (bi-directional) 36 VMT
Transit Supportive Improvements

4. Upgrade Bus Stops

4.1 Upgrade Existing Bench Stop to Shelter Stop if all NCTD criteria are met3 1 upgrade 50 VMT
Notes: HVC = High-Visibility Crosswalk; RRFB = Rapid Rectangular Flashing Beacons; PHB = Pedestrian Hybrid Beacon; NCTD = North County Transit District

1. If high-visibility crosswalks are also installed at intersection raised crosswalks, the VMT reduction would not be doubled.

2. https://www.escondido.org/Data/Sites/1/media/Engineering/TrafficManagementToolbox.pdf

3. Upgrade must include all required amenities for shelter stops as described in the NCTD Bus Stop Development Handbook (NCTD 2018) guidelines.

Source: Fehr & Peers 2022.

Resolution No. 2022-162
Exhibit "B"

448
Item20.

In general, construction activities for each VMT-reducing project would last for approximately one to two weeks and would be completed in the following phases:
 Demolition (1-2 days): Sawcutting and removing existing hardscape.  Grading (1 day): Minor grading, surface preparation, and compaction.  Concrete (2-5 days): Placing concrete formwork and reinforcement, placing and finishing concrete, and stripping formwork.
 Paving (1 day): Installing asphalt concrete pavement.  Striping (1 day): Striping and placing signs and pavement markers.

Construction equipment used for VMT-reducing projects may include concrete saws, a backhoe or mini excavator, skip loader, smooth drum roller, and dump truck. Additionally, a striping and paving machine may be required for some bicycle network improvement projects. On average, linear improvements would be completed at a rate of 250 to 350 feet per day.

2.4.1 Pedestrian Network Improvements
The program would include projects to increase sidewalk coverage throughout Escondido, with the objective of increasing access to surrounding land uses by providing new sidewalks, pedestrian ramps, and multi-use paths. Table 2-1 lists City-identified sidewalk projects included in the program, which includes locations near schools and areas of high pedestrian activity. Applicants may propose locations for sidewalk projects other than those listed in Table 2-1; however, the locations must be reviewed by City Development Services Staff to ensure that the locations are comparable to those identified in Table 2-1, result in increased pedestrian activity, and meet one of the conditions described above (a, b, or c), as listed in in order of priority.

The program would also include projects to improve the existing pedestrian network. These projects are intended to encourage people to walk instead of drive by improving the safety and quality of existing pedestrian infrastructure.

Projects include the installation of high-visibility crosswalks, pedestrian hybrid beacons, pedestrian signals, mid-block crosswalks, pedestrian refuge islands, speed tables, bulb-outs (i.e., curb extensions), curb ramps, roundabouts and mini-circles, pedestrian-only connections and districts, and planter strips with street trees (minimum 1 mile). Table 2-1 lists City-identified pedestrian network improvement projects included in the program. Applicants may propose other types of pedestrian improvements; however, applicants must demonstrate how the improvements encourage walking. In addition, applicants may need to provide a VMT reduction study to justify the VMT reduction applied, if different from the VMT reduction shown in Table 2-1.

2.4.2 Bicycle Network Improvements
The program would include projects to increase the number of bicycle facilities or quality of existing bicycle facilities.

Projects include the construction of new Class I facilities (bike paths that are physically separated from motor vehicle routes and have exclusive right-of-way for bicycles and pedestrians), Class II facilities (marked bicycle lanes within roadways), and Class IV facilities (protected bicycle lane that is separated from motor traffic with a physical barrier).

Additionally, projects include upgrading existing bicycle facilities from Class II to Class I or IV facilities, or from Class III to Class I, II, or IV facilities. Applicants may select a location from the bicycle network gaps/opportunities within existing roadway rights-of-way identified in the City Bicycle Master Plan (City of Escondido 2012) or other planning document (e.g., General Plan or Specific Plan) if the location is not already funded by a different source. The City may also require the applicant to provide evidence of how the proposed bicycle facility would connect existing bicycle facilities or key destinations, based on the conditions described above (a, b, or c), thus contributing to increased bicycling and reduced VMT.

Resolution No. 2022-162
Exhibit "B"

449
Item20.

2.4.3 Transit-Supportive Improvements
Bus services within Escondido are provided generally by North County Transit District (NCTD) with some rapid service provided by MTS. VMT-reducing projects would include the installation of amenities at existing NCTD bus stops, such as lighting, transit route information, bicycle racks and lockers, benches, and shelters to enhance comfort and experience for users of NCTD bus services. Bus shelters would be required to meet the NCTD Bus Stop Development Handbook (NCTD 2018) guidelines or receive approval from NCTD. According to NCTD guidelines, bus stops would be required to have a bus stop sign, an ADA-accessible pad, a bench, a shelter, connection to adjacent sidewalks, and a trash receptable. Recommended and optional amenities include lighting, bicycle racks and lockers, transit route information, landscaping, transit system information, and digital messaging signs. Bus stop locations would be identified through consultation with City and NCTD staff, or selected from the locations identified as NCTD priorities.

2.5 PROGRAM OBJECTIVES
The following objectives have been identified for the program:
 Provide a list of community-based transportation projects and programs that can be selected to be full or partial mitigation for a transportation VMT impact pursuant to CEQA.  Establish a framework that supports the development of facilities and infrastructure to support the City’s future transportation needs.
 Reduce Citywide VMT to help meet greenhouse gas emission reduction targets identified in the City’s CAP (City of Escondido 2021).

2.6 REQUIRED APPROVALS
The City of Escondido is the CEQA lead agency responsible for considering adoption and implementation of the program. As the lead agency under CEQA, the City is responsible for considering the adequacy of the Initial Study/Negative Declaration before determining if the overall program should be adopted. Table 2-2 summarizes the required approvals.

Table 2-2 Required Approvals
Approval Approving Authority
Adopt Vehicle Miles Traveled Exchange Program Escondido City Council Adopt Initial Study/Negative Declaration Escondido City Council Resolution No. 2022-162
Exhibit "B"

450
Item20.

This page intentionally left blank.

Resolution No. 2022-162
Exhibit "B"

451
Item20.
3 ENVIRONMENTAL CHECKLIST

PROJECT INFORMATION

1. Project Title: Vehicle Miles Traveled Exchange Program

2. Lead Agency Name and Address: City of Escondido
Planning Division
City Hall, First Floor
201 North Broadway
Escondido, CA 92025

3. Contact Person and Phone Number: Ivan Flores
(760) 839-4529, [email protected]

4. Project Location: City of Escondido

5. Project Sponsor’s Name and Address: Same as Lead Agency

6. General Plan Designation: Various

7. Zoning: Various

8. Description of Project:

The proposed program is a Vehicle Miles Traveled (VMT) Exchange Program (program) – a voluntary program in which discretionary development applicants can participate to reduce the amount of VMT generated by their projects. The program will also provide applicants with the option to reduce potentially significant VMT impacts identified through the California Environmental Quality Act (CEQA) review process by constructing specified VMT-reducing projects that have been identified by the City. Initially, the program will provide applicants with the option to implement early action exchange program projects, which include pedestrian network, bicycle network, and transit supportive improvements that are located within existing developed rights of way. In the future, the types of projects included in the program may be expanded, for example to include trip reduction marketing or an intra-city shuttle, but these future project options would not be included in the initial program.

If the program is adopted, any VMT-reducing projects that an applicant voluntarily elects to implement would be adopted as mitigation measures in the CEQA environmental review document for the applicable project. The program would require that VMT-reducing projects be completed by the applicant before the impact from the development project occurs. Ongoing monitoring and tracking of the implementation of VMT-reducing projects would be included in the City’s annual CAP implementation status report.

9. Surrounding Land Uses and Setting:

The City is located in the northern San Diego County (North County), approximately 30 miles north of Downtown San Diego. The City is bounded on the north by the unincorporated communities of Valley Center and Hidden Meadows, on the west by the City of San Marcos, on the south by Lake Hodges and the City of San Diego, and on the east by unincorporated San Diego County.

10. Other public agencies whose approval is required:

None
Resolution No. 2022-162
Exhibit "B"

452
Item20.

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

In compliance with PRC section 21080.3.1, the City provided formal written notification of the program on September 7, 2022 to Rincon Band of Luiseno Indians, San Luis Rey Band of Mission Indians, San Pasqual Band of Mission Indians, Soboba Band of Luiseno Indians, and Mesa Grande Band of Mission Indians. The San Pasqual Band of Mission Indians requested consultation on September 18, 2022, and the City and Tribe met on October 21, 2022. The Rincon Band of Luiseno Indians requested consultation on October 17, 2022, and the City and Tribe will meet on November 10, 2022. The tribal consultation process is ongoing and will be completed before the Final Initial Study/Negative Declaration is considered by the City Council. The outcome of consultation will be summarized in the Final Initial Study/Negative Declaration. Refer to Section 3.18, “Tribal Cultural Resources,” for additional information.

ENVIRONMENTAL EFFECTS REQUIRING AN ENVIRONMENTAL IMPACT REPORT If one or more boxes are checked for environmental topics below it means that the program would result in at least one “Potentially Significant Impact” as indicated by the checklist on the following pages, and that preparation of an environmental impact report (EIR) is required. If the box is checked for “None” or “None with Mitigation Incorporated” then preparation of an EIR is not required, and a negative declaration or mitigated negative declaration may be prepared.

Aesthetics Agriculture and Forest Resources Air Quality Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas Emissions Hazards / Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities / Service Systems Wildfire Mandatory Findings of Significance
None None with Mitigation
Incorporated
Resolution No. 2022-162
Exhibit "B"

453
Item20.

Resolution No. 2022-162
Exhibit "B"

Item20.

EVALUATION OF ENVIRONMENTAL IMPACTS

1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross-referenced).

5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.

9. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance.

Resolution No. 2022-162
Exhibit "B"

455
Item20.

3.1 AESTHETICS

ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. Aesthetics.

Except as provided in Public Resources Code section 21099 (where aesthetic impacts shall not be considered significant for qualifying residential, mixed-use residential, and employment centers), would the program:
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
points.) If the project is in an urbanized area, would
the project conflict with applicable zoning and other
regulations governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?

3.1.1 Environmental Setting
The City of Escondido is characterized by hills and mountains surrounding an open valley bisected by Escondido Creek. The hillsides and ridges are considered visually prominent in views from the valley floor. The natural setting of the city provides many opportunities for views from surrounding higher elevations. Other scenic natural features located throughout the city include creeks and riparian areas, rock outcroppings, and lakes. The city includes several large areas of open space that showcase these scenic resources, including parks, Multiple Habitat Conservation Program (MHCP) lands, and other designated conservation areas. These dramatic features are characteristics that distinguish Escondido from other areas in the region. The community derives its name, "hidden valley", from the ring of mountains which rise 1,500 feet above the valley floor. Escondido includes a historic downtown and urban core area. The urbanized core surrounds downtown within the “valley floor” of Escondido (City of Escondido 2012a; City of Escondido 20212b).

There are no state designated scenic highways or corridors within the program area (Caltrans 2019). However, the City has designated several scenic roadways including Interstate 15 (I-15), segments of Del Dios Highway, Via Rancho Parkway, Bear Valley Parkway, Valley Parkway, Lake Wohlford Road, South Citrus Avenue, and San Pasqual Valley Road (City of Escondido 2012b: 4.1-7)
Light and glare conditions within developed portions of the program area are typical of those associated with urban uses. The main sources of daytime glare in the program area are from sunlight reflecting from structures with reflective surfaces such as windows, and from vehicles on major roadways. Nighttime lighting is prevalent throughout the city along roadways, parking lots, building perimeters and within residential areas. The urban core of the City currently generates substantial nighttime light from signs, street lights and traffic lights, and security lighting.

Nighttime light is reduced toward the northern and eastern edges of the planning area. The residential neighborhoods outside of the urban core utilize less lighting than the commercial and retail centers in the City’s Resolution No. 2022-162
Exhibit "B"

456
Item20.
downtown. The large open spaces on the edge of the City, such as Lake Wohlford and Daley Ranch, generate very little light for security purposes (City of Escondido 2012b: 4.1-14).

3.1.2 Discussion
a) Have a substantial adverse effect on a scenic vista? Less than significant. Adoption of the program would not directly result in changes to the physical environment; however, VMT-reducing projects would result in short-term construction and long-term changes to the physical environment. Implementation of the program would result in improvements to the City’s existing pedestrian, bicycle, and transit network within existing roadway rights-of-way. Specific types of VMT-reducing projects include increasing sidewalk coverage; improving existing pedestrian infrastructure (e.g., adding new crosswalks, refuge islands, signals, curb ramps, curb-extensions, mid-block crossings, and traffic calming devices); adding new bicycle facilities or upgrading existing bicycle facilities; and upgrading existing bus stops to shelter stops. These improvements would be implemented at or near grade level of existing roadways; would not involve substantial grading or earthwork with potential to alter landforms; and would not introduce new features with substantial height, bulk, or massing that could block or impede existing scenic vistas. In addition, the VMT-reducing projects would be located in already disturbed, urbanized areas where existing transportation infrastructure (e.g., paved roadways, sidewalks, parking lots) and urban development (e.g., buildings, pavement, ornamental landscaping) are predominant.

The activities involved in constructing VMT-reducing projects would introduce visual elements to public viewsheds, including heavy equipment, stored materials, and fencing. Construction activities would vary depending on the type of VMT-reducing project, but may involve removing existing pavement; repaving roadway surfaces; painting or restriping pavement; modifying curbs; laying concrete, and installing traffic signals, lighting, landscaping, street furniture, and other amenities. Some of these improvements may require limited ground disturbance. Construction activities would be short-term and temporary, and would typically not involve equipment of substantial height, bulk, or massing that would alter existing scenic vistas. Following the construction period, construction equipment and materials would be removed from the program area. Therefore, construction-related effects on scenic vistas would not be substantial.

Thus, for all of the foregoing reasons, implementation of VMT-reducing projects under the program would not result in a substantial adverse effect on a scenic vista. This impact is less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Less than significant. Of the VMT-reducing projects that could be implemented as part of the program (listed in Table 2-1), one project (#1-9) would occur on a City-designated scenic roadway. This project would involve the addition of sidewalks on the east side of South Citrus Avenue between La Ramada Lane and Patterson Road (near Hidden Valley Middle School). Additionally, applicants may propose VMT-reducing projects at other locations throughout Escondido, which may include City-designated scenic roadways.

Construction associated with VMT-reducing projects would introduce heavy equipment, staged materials, and fencing within City-designated scenic roadways. However, construction activities would be short-term and temporary.

Additionally, construction activities would be limited to disturbed areas within roadway rights-of-way where no scenic resources are present. Furthermore, construction activities would adhere to the City of Escondido Municipal Code (EMC) Section 33-1062, which outlines best management practices (BMPs) regarding trash and debris, erosion control, and perimeter control. Thus, construction associated with VMT-reducing projects would not result in substantial damage to scenic resources along City-designated scenic roadways.

As discussed in Section 3.1.2(a), VMT-reducing projects would include improvements to the City’s existing pedestrian, bicycle, and transit network. These improvements would be implemented at or near grade level of existing roadways; would not involve substantial grading or earthwork with potential to alter landforms; and would not introduce new features with substantial height, bulk, or massing that could substantially damage scenic resources. In addition, the Resolution No. 2022-162
Exhibit "B"

457
Item20.

VMT-reducing projects would be located in already disturbed, urbanized areas where existing transportation infrastructure is present. For all of the foregoing reasons, implementation of VMT-reducing projects under the program would not substantially damage scenic resources. This impact is less than significant. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than significant. The VMT-reducing projects listed in Table 2-1 are located in urbanized areas within the city of Escondido. Additionally, applicants may propose VMT-reducing projects at other locations throughout Escondido, which would be within roadway rights-of-way in urbanized areas. Therefore, the following analysis evaluates the potential for VMT-reducing projects that would be implemented as part of the program to conflict with applicable zoning and other regulations governing scenic quality.

The Resource Conservation Element of the City’s General Plan includes policies to protect visual resources that provide aesthetic value to the city and contribute to the city’s identity. Scenic resources of importance to the city include natural landforms, such as hillsides and ridgelines. Additional scenic resources include human-made buildings, structures, sites, and landscapes of cultural significance. The Escondido Zoning Ordinance (EMC Chapter 33) contains several articles that pertain to the protection of aesthetic character and scenic resources, including the following:
 Article 5, “Open Space Development Standards,” establishes standards for the development of lands identified as having open space value to the community, such as slopes greater than 15 percent, vegetation conservation areas, and natural drainage courses.
 Article 35, “Outdoor Lighting,” includes requirements intended to minimize outdoor light pollution and glare.  Article 40, “Historical Resources,” includes requirements for any new construction or alteration that would affect the exterior appearance of a historical resource.
 Article 55, “Grading and Erosion Control,” includes requirements to ensure that development occurs in a manner that protects the natural and topographic character and identity of the environment and the visual integrity of hillsides and ridgelines.

Additionally, the City’s Design Standards and Standard Drawings provide guidance for the design of all development and construction in the city. These standards apply to public improvements on streets and roadways fronting development projects and other offsite improvements, and include requirements related to sidewalks, street lights, traffic signals, street striping, street signs, landscaping, and bus stops (City of Escondido 2014).

VMT-reducing projects that would be implemented as part of the program would include improvements to the City’s existing pedestrian, bicycle, and transit network. These projects would be located within roadway rights-of-way where existing transportation infrastructure is present. Improvements would be implemented at or near grade level of existing roadways and would not involve substantial grading or earthwork with potential to alter landforms. In addition, these projects would not introduce new features with substantial height, bulk, or massing that could block or impede views of scenic resources. As discussed further in Section 3.1.2(d) below, these projects would not include substantial new lighting or surfaces that would contribute to outdoor light pollution or glare. Additionally, as discussed further in Section 3.5.2(a), VMT-reducing projects would not involve construction that would affect the integrity of historic resources. Furthermore, VMT-reducing projects would be reviewed and approved by the City Engineer to ensure compliance with the City’s Design Standards and Standard Drawings (City of Escondido 2014).

Therefore, VMT-reducing projects would not conflict with policies in the City’s General Plan or applicable zoning regulations governing scenic quality.

As described in Section 3.1.2(a), construction associated with VMT-reducing projects would introduce visual elements to public viewsheds, including heavy equipment, stored materials, and fencing. However, construction activities would Resolution No. 2022-162
Exhibit "B"

458
Item20.
be short-term and temporary; would not involve equipment of substantial height, bulk, or massing; and would comply with applicable City regulations governing construction activities. Following the construction period, construction equipment and materials would be removed from the program area. Therefore, construction activities would not conflict with policies in the City’s General Plan or applicable zoning regulations governing scenic quality.

Based on the above discussion, implementation of VMT-reducing projects under the program would not conflict with applicable zoning and other regulations governing scenic quality. This impact is less than significant. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than significant. The following sections describe the potential for the VMT-reducing projects that would be implemented as part of program to create substantial new sources of light and glare.

Light
As discussed in Section 3.1.2(a), VMT-reducing projects would include improvements to the City’s existing pedestrian, bicycle, and transit network. As listed in Table 2-1, these improvements would include new pedestrian activated crossing signals (e.g., rapid rectangular flashing beacons and pedestrian hybrid beacons), new lighting at bus shelters, and upgraded pedestrian signals. These VMT-reducing projects would introduce new permanent light sources to the program area. The installation of permanent lighting would adhere to EMC Article 35, which governs outdoor lighting and includes requirements to minimize glare, light trespass, and artificial skyglow. Additionally, the City’s outdoor lighting ordinance requires the use of the minimum amount of light to meet lighting criteria, proper shielding to prevent spillover, and the use of low-pressure sodium, narrow-spectrum light emitting diodes (LED) or equivalent light fixtures. Furthermore, VMT-reducing projects would be located in generally lit areas, characteristic of a typical urban environment. Thus, operation of VMT-reducing projects would not create a new source of substantial light that would adversely affect day or nighttime views in the area.

In accordance with EMC Section 17.234(a-e), construction activities would be limited to Monday through Friday between 7:00 a.m. and 6:00 p.m., or on Saturdays between 9:00 a.m. and 5:00 p.m. Therefore, no nighttime lighting is anticipated during construction, unless a variance has been obtained in advance from the City manager. In the event that nighttime construction is approved by the City manager, nighttime lighting would be directed on-site and away from adjacent light-sensitive receptors, such as residences, hotels, and hospitals. The introduction of light sources from construction activities would be short-term and temporary. Thus, construction activities would not create a new source of substantial light that would adversely affect day or nighttime views in the area.

Glare
As discussed in Section 3.1.2(a), VMT-reducing projects would include improvements to the City’s existing pedestrian, bicycle, and transit network. Upgraded bus shelters may be fabricated with reflective materials such as glass, stainless steel, or aluminum; however, these materials would be coated with non-glare finishes. Bus shelters may also be equipped with photovoltaic panels as a power source for LED lighting and digital messaging signs; however, solar panels would be directed upward and out of the line-of-sight for motorists, pedestrians, bicyclists, and adjacent land uses. Any new sources of glare would be minimal and characteristic of a typical urban environment. Thus, operation of VMT-reducing projects would not create a new source of substantial glare that would adversely affect day or nighttime views in the area.

Construction associated with VMT-reducing projects could introduce glare from windshields of vehicles and construction equipment. The introduction of glare sources from construction activities would be minor, short-term, and temporary. Thus, construction activities would not create a new source of substantial glare that would adversely affect day or nighttime views in the area.

Summary
Based on the above discussion, implementation of VMT-reducing projects under the program would not create new sources of substantial light or glare. This impact is less than significant.

Resolution No. 2022-162
Exhibit "B"

459
Item20.

3.2 AGRICULTURE AND FOREST RESOURCES

ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
II. Agriculture and Forest Resources.

In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997, as updated) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.

In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Would the program:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing environment,
which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or
conversion of forest land to non-forest use?

3.2.1 Environmental Setting
Most of the program area is urbanized, specifically areas near I-15 and State Route 78 (SR 78). Very few existing agricultural operations exist within the program area. Of the existing agricultural operations identified in the 2012 Escondido General Plan Update, Downtown Specific Plan Update, and Climate Action Plan Environmental Impact Report (General Plan EIR), only the Watson Farms Llama Ranch, located on 1984 Greenview Road, is within the program area (City of Escondido 2012b).

The California Department of Conservation (DOC) Farmland Monitoring and Mapping Program (FMMP) produces maps and statistical data to analyze impacts on agricultural resources. FMMP classifies different agricultural land categories based on soil quality and suitability for agricultural uses including Prime Farmland, Unique Farmland, Farmland of Statewide Importance, Grazing Land, and Urban and Built-Up Land. Most of the program area is Resolution No. 2022-162
Exhibit "B"

460
Item20.
classified as Urban and Built-Up Land. Smaller areas of Farmland of Local Importance and Unique Farmland are scattered around the periphery of the program area. Small areas of Grazing Land are found in the western portion of the city, in the Rancho San Pasqual and Valley View specific plan areas (City of Escondido 2012b).

The Williamson Act was passed in 1965 to preserve agricultural and open space lands by discouraging premature and unnecessary conversion to urban uses. The Williamson Act enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use.

There are three parcels of Williamson Act Contract lands within the program area (City of Escondido 2012b).

There are no lands currently used for timber production or management in the program area. No lands within the program area have a zoning designation for timberland or forest land. The City has approximately 4,734 acres of forest resources under its jurisdiction, which include coast live oak woodland and Engelmann oak woodland habitat near Daley Ranch and Lake Wohlford (City of Escondido 2012b).

3.2.2 Discussion
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? and
b) Conflict with existing zoning for agricultural use or a Williamson Act contract? No impact. VMT-reducing projects that would be implemented as part of the program would include improvements to the City’s existing pedestrian, bicycle, and transit network. The locations of VMT-reducing projects are identified in Table 2-1; however, applicants may propose VMT-reducing projects at other locations throughout Escondido. VMTreducing projects would generally be located in urbanized areas that are within 0.5-mile travel distance of a proposed development project and in proximity to key destinations (e.g., existing parks, schools, community centers, or shopping centers). Additionally, the locations for VMT-reducing projects would be limited to disturbed areas within existing roadway rights-of-way that are classified as Urban and Built-Up Land and are not being used for agricultural production or enrolled in a Williamson Act contract. Therefore, implementation of VMT-reducing projects under the program would not convert Prime Farmland, Unique Farmland, Farmland of Statewide Importance to non-agricultural use; conflict with existing zoning for agricultural use; or breach the conditions of a Williamson Act contract. No impact would occur.
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
and
d) Result in the loss of forest land or conversion of forest land to non-forest use? No impact. There are no lands currently used for timber production or management in the program area and no lands that have a zoning designation for timberland or forest land. Therefore, VMT-reducing projects that would be implemented as part of the program would not conflict with existing zoning or cause rezoning any forest land, timberland, or timber land zoned for timberland production. Additionally, VMT-reducing projects would not result in the loss of forest land or conversion of forest land to non-forest use. No impact would occur.

Resolution No. 2022-162
Exhibit "B"

461
Item20.
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
No impact. As described in Section 3.2.2(a), VMT-reducing projects would be in urbanized areas and would generally be within a 0.5-mile travel distance of a proposed development project and in proximity to key destinations (e.g., existing parks, schools, community centers, or shopping centers). Additionally, the locations for VMT-reducing projects would be limited to disturbed areas within existing roadway rights-of-way that do not support forest or agricultural uses. Therefore, implementation of VMT-reducing projects under the program would not result in changes to the existing environment that could result in the conversion of farmland to non-agricultural use or conversion of forest land to non-forest use. No impact would occur.

Resolution No. 2022-162
Exhibit "B"

462
Item20.

3.3 AIR QUALITY

ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
III. Air Quality.

Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied on to make the following determinations.

Are significance criteria established by the applicable air district available to rely on for significance
determinations?
Yes No
Would the program:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?

3.3.1 Environmental Setting
The City of Escondido is in the San Diego Air Basin (SDAB), which encompasses San Diego County and is under the jurisdiction of San Diego County Air Pollution Control District (SDAPCD). Regional and local air quality in the SDAB is affected by topography, dominant airflows, location, and season. The SDAB is bounded by the Pacific Ocean to the west and high mountain ranges to the east, which inhibit the dispersal of pollutants to the east. The region is characterized by warm dry summers and mild winters, and rainfall averages approximately 9 to 14 inches annually.

During fall, the region often experiences dry, warm easterly winds, called the Santa Ana winds, which raise temperatures and lower humidity. Two types of high-pressure cells, called subsidence and radiation inversions, affect air quality in the SDAB and trap the dispersion of pollutants, resulting in temporary degradation of air quality (City of Escondido 2012a).

CRITERIA AIR POLLUTANTS
Concentrations of emissions from criteria air pollutants (i.e., the most prevalent air pollutants known to be harmful to human health) are used to indicate the quality of the ambient air. Criteria air pollutants include ozone, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), respirable and fine particulate matter (PM10 and PM2.5), and lead. The sources of criteria air pollutants and their respective acute and chronic health impacts are described in Table 3-1.

Resolution No. 2022-162
Exhibit "B"

463
Item20.

Table 3-1 Sources and Health Effects of Criteria Air Pollutants Pollutant Sources Acute1 Health Effects Chronic2 Health Effects Ozone Secondary pollutant resulting from reaction of
ROG and NOX in presence of sunlight. ROG
emissions result from incomplete combustion
and evaporation of chemical solvents and fuels;
NOX results from the combustion of fuels
Increased respiration and pulmonary
resistance; cough, pain, shortness of
breath, lung inflammation
Permeability of respiratory
epithelia, possibility of
permanent lung impairment
Carbon monoxide
(CO)
Incomplete combustion of fuels; motor vehicle
exhaust
Headache, dizziness, fatigue, nausea,
vomiting, death
Permanent heart and brain
damage
Nitrogen dioxide
(NO2)
Combustion devices (e.g., boilers, gas turbines)
and mobile and stationary reciprocating internal
combustion engines
Coughing, difficulty breathing, vomiting,
headache, eye irritation, chemical
pneumonitis or pulmonary edema;
breathing abnormalities, cough,
cyanosis, chest pain, rapid heartbeat,
death
Chronic bronchitis,
decreased lung function
Sulfur dioxide (SO2) Coal and oil combustion, steel mills, refineries, and pulp and paper mills
Irritation of upper respiratory tract,
increased asthma symptoms
Insufficient evidence linking
SO2 exposure to chronic
health impacts
Respirable
particulate matter
(PM10), Fine
particulate matter
(PM2.5)
Fugitive dust, soot, smoke, mobile and stationary
sources, construction, fires and natural
windblown dust, and formation in the
atmosphere by condensation and/or
transformation of SO2 and ROG
Breathing and respiratory symptoms,
aggravation of existing respiratory and
cardiovascular diseases, premature
death
Alterations to the immune
system, carcinogenesis
Lead Metal processing Reproductive/developmental effects in fetuses and children
Numerous effects including
neurological, endocrine, and
cardiovascular effects

1. “Acute” refers to effects of short-term exposures to criteria air pollutants, usually at fairly high concentrations. 2 “Chronic” refers to effects of long-term exposures to criteria air pollutants, usually at lower, ambient concentrations.

Notes: NOX = oxides of nitrogen; ROG = reactive organic gases.

Sources: EPA 2022.

TOXIC AIR CONTAMINANTS
Toxic air contaminants (TACs), also called hazardous air pollutants, are a defined set of airborne pollutants that may pose a present or potential hazard to human health. A TAC is defined as an air pollutant that may cause or contribute to an increase in mortality or in serious illness, or that may pose a hazard to human health. TACs are separated into carcinogens and non-carcinogens based on the nature of the physiological effects associated with exposure to the pollutant. Carcinogens are assumed to have no safe threshold below which health impacts would not occur.

According to the California Almanac of Emissions and Air Quality (CARB 2013), the majority of the estimated health risks from TACs can be attributed to relatively few compounds, the most important being diesel particulate matter (diesel PM). Diesel PM differs from other TACs in that it is not a single substance, but rather a complex mixture of hundreds of substances. Although diesel PM is emitted by diesel-fueled internal combustion engines, the composition of the emissions varies depending on engine type, operating conditions, fuel composition, lubricating oil, and whether an emissions control system is being used. In addition to diesel PM, the TACs for which data are available that pose the greatest existing ambient risk in California are benzene, 1,3-butadiene, acetaldehyde, carbon tetrachloride, hexavalent chromium, para-dichlorobenzene, formaldehyde, methylene chloride, and perchloroethylene.

Resolution No. 2022-162
Exhibit "B"

464
Item20.

ODORS
Odors are generally regarded as an annoyance rather than a health hazard. However, manifestations of a person’s reaction to foul odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological (e.g., circulatory and respiratory effects, nausea, vomiting, and headache). Odor sources of concern can include wastewater treatment plants, landfills and composting facilities, petroleum refineries, chemical manufacturing plants, painting/coating operations, and food processing facilities.

SENSITIVE RECEPTORS
Sensitive receptors are generally considered to include those land uses where exposure to pollutants could result in health-related risks to sensitive individuals, such as children or the elderly. Residential dwellings, schools, childcare facilities, hospitals, playgrounds, and similar facilities are of primary concern because of the presence of individuals particularly sensitive to pollutants and/or the potential for increased and prolonged exposure of individuals to pollutants.

FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS
The U.S. Environmental Protection Agency (EPA) has been charged with implementing national air quality programs.

EPA’s air quality mandates are drawn primarily from the federal Clean Air Act (CAA), which was enacted in 1970 and most recently amended by Congress in 1990. The CAA required EPA to establish the National Ambient Air Quality Standards (NAAQS) for the following criteria air pollutants: ozone, CO, NO2, SO2, PM10, PM2.5, and lead. The CAA also requires each state to prepare a state implementation plan (SIP) for attaining and maintaining the NAAQS. The federal CAA Amendments of 1990 added requirements for states with nonattainment areas to revise their SIPs to incorporate additional control measures to reduce air pollution. Individual SIPs are modified periodically to reflect the latest emissions inventories, planning documents, and rules and regulations of the air basins as reported by their jurisdictional agencies.

The California Air Resources Board (CARB) is the agency responsible for coordination and oversight of State and local air pollution control programs in California and for implementing the California Clean Air Act (CCAA). The CCAA, which was adopted in 1988, required CARB to establish its own California Ambient Air Quality Standards (CAAQS). CARB has established CAAQS for sulfates, hydrogen sulfide, vinyl chloride, visibility-reducing particulate matter, and the abovementioned criteria air pollutants. In most cases, the CAAQS are more stringent than the NAAQS.

The SDAB is currently designated as nonattainment for ozone with respect to the NAAQS and designated as nonattainment for ozone, PM10, and PM2.5 with respect to the CAAQS (SDAPCD n.d.).

SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
SDAPCD is the agency responsible for regulating sources of air pollution within San Diego county and the SDAB to protect public health and welfare through the administration of federal and State air quality laws and policies.

SDAPCD is responsible for monitoring air pollution, preparing the San Diego County portion of the SIP, and developing and implementing rules and regulations.

SDAPCD also develops air quality plans to identify the pollution control measures needed to expeditiously attain and maintain air quality standards. In response to the federal nonattainment designation for the 8-hour ozone standard, SDAPCD prepared the 2008 Eight-Hour Ozone Attainment Plan for San Diego County and the 2008 Eight-Hour Ozone Reasonably Available Control Technology Demonstration for San Diego County, which identify control measures and rules implementing “reasonably available control technology” necessary to bring the SDAB into attainment (SDAPCD 2016a; SDAPCD 2016b). These documents were submitted to the EPA through CARB for approval as part of the San Diego County portion of the SIP for attaining and maintaining the 2008 eight-hour ozone standard. SDAPCD subsequently prepared the 2020 Plan for Attaining the National Ambient Air Quality Standards for Ozone in San Diego County and the 2020 Reasonably Available Control Technology Demonstration for the National Ambient Air Quality Resolution No. 2022-162
Exhibit "B"

465
Item20.

Standards for Ozone in San Diego County to demonstrate how the region will further reduce air pollutant emissions in order to attain the current NAAQS for ozone in the future (SDAPCD 2020a, SDAPCD 2020b). These documents were submitted to the EPA as a revision to the San Diego County portion of the SIP for attaining the 2008 and 2015 eighthour ozone standards.

In compliance with the CCAA, SDAPCD has also developed the 2016 Revision of the Regional Air Quality Strategy for San Diego County (RAQS) to address ozone (SDAPCD 2016c). The RAQS is currently being updated to reflect more recent information on air quality, emission trends, and new feasible control measures.

SAN DIEGO COUNTY
Neither the City of Escondido nor SDAPCD have adopted CEQA thresholds of significance for assessing air quality impacts. However, the County of San Diego Planning & Development Services department has prepared the Guidelines for Determining Significance, Air Quality, which present screening level thresholds (SLTs) of significance for regional air pollutant emissions (County of San Diego 2007). The County’s air quality SLTs were developed based on SDAPCD stationary source trigger levels (Rule 20.2 and Rule 20.3) and are tied to achieving or maintaining attainment designations with the NAAQS and CAAQS. Supportive of the NAAQS and CAAQS, the County’s SLTs are scientifically substantiated, numerical mass emissions levels of criteria air pollutants considered to be protective of human health.

A project with emissions rates below these thresholds, shown in Table 3-2, is considered to have a less-thansignificant impact on regional and local air quality and would avoid the impacts on human health identified in Table 3-1.

Table 3-2 County of San Diego Screening-Level Thresholds for Air Quality Impact Analysis Pollutant Mass Daily Thresholds (lbs/day)
Respirable particulate matter (PM10) 100
Fine particulate matter (PM2.5) 55
Oxides of nitrogen (NOX) 250
Oxides of sulfur (SOX) 250
Carbon monoxide (CO) 550
Lead and lead compounds 3.2
Volatile organic compounds (VOCs) 75
Notes: lbs/day = pounds per day
Source: County of San Diego 2007.

3.3.2 Discussion
a) Conflict with or obstruct implementation of the applicable air quality plan? Less than significant. The emission inventories used to develop the applicable air quality attainment plans (i.e., 2020 Plan for Attaining the National Ambient Air Quality Standards for Ozone in San Diego County, 2020 Reasonably Available Control Technology Demonstration for the National Ambient Air Quality Standards for Ozone in San Diego County, and 2016 Revision of the Regional Air Quality Strategy for San Diego County) are based primarily on projected population and employment growth and VMT for SDAB. These projections are based, in part, on the planned growth identified in regional and local plans. Therefore, projects that would result in increases in population or employment growth beyond that projected in regional or local plans could result in increases in VMT above those forecasted in the attainment plans, further resulting in mobile source emissions that could conflict with or obstruct implementation of air quality planning efforts for the SDAB. An increase in VMT beyond that projected in applicable air quality plans generally would be considered to have a significant adverse incremental effect on the SDAB’s ability to attain or maintain State and federal ambient air quality standards. The analysis below focuses on whether the program would increase population, employment, or VMT above planned levels.

Resolution No. 2022-162
Exhibit "B"

466
Item20.

VMT-reducing projects that would be implemented as part of the program would include improvements to the City’s existing pedestrian, bicycle, and transit network. These improvements would not induce population growth directly or indirectly because they do not propose new housing and do not propose changes to policies or regulations related to land use or residential zoning. Rather, as shown in Table 2-1, VMT-reducing projects are anticipated to reduce vehicle trips. The VMT reductions would vary depending on the type and length of improvements. Therefore, implementation of the program would not result in an increase in VMT relative to projections included in applicable air quality plans. Furthermore, VMT reductions would improve overall air quality in the SDAB by reducing mobilesource emissions of criteria air pollutants. The effects associated with the reduction of air pollutant emissions in the SDAB would be beneficial.

Construction associated with VMT-reducing projects could result in a temporary increase in the number of construction workers in the program area. These types of projects would be considered small construction projects, which would not require a large construction crew or generate substantial vehicle trips. Furthermore, construction workers would likely be sourced from the San Diego region. Permanent, substantial relocation of workers would not be required. Therefore, construction activities associated with VMT-reducing projects would not result in substantial population growth, employment growth, or VMT increases.

Based on the above discussion, VMT-reducing projects would not induce substantial population or employment growth, would not increase VMT, and would result in beneficial air quality effects; therefore, implementation of VMTreducing projects under the program would not conflict with or obstruct implementation of any applicable air quality plans. This impact is less than significant.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Less than significant. The SDAB is designated as nonattainment for ozone with respect to the NAAQS and designated as nonattainment for ozone, PM10, and PM2.5 with respect to the CAAQS. Impacts would be cumulative in nature if the program, in combination with cumulative development, leads to violation of any air quality standard or contributes substantially to an existing or projected air quality violation. In developing thresholds of significance for air pollutants, the County of San Diego and SDAPCD (through Rules 20.2 and 20.3) considered the emission levels for which a project’s individual emissions would be cumulatively considerable. For the purposes of this analysis, the program would result in a significant localized and/or regional air quality impact such that human health would be adversely affected if it would cause construction-generated or operational criteria air pollutant or precursor emissions to exceed the County’s SLTs of 100 pounds per day (lbs/day) for PM10, 55 lbs/day for PM2.5, 250 lbs/day for NOX and SOX, 550 lbs/day for CO, and 75 lbs/day for volatile organic compounds (VOCs).

As discussed in Section 3.3.2(a), VMT-reducing projects that would be implemented as part of the program would include improvements to the City’s existing pedestrian, bicycle, and transit network. VMT-reducing projects are anticipated to reduce vehicle trips. The VMT reductions would vary depending on the type and length of improvements. Therefore, VMT-reducing projects would improve overall air quality in the SDAB by reducing mobilesource emissions of criteria air pollutants. The effects associated with the reduction of air pollutant emissions in the SDAB would be beneficial.

Construction of VMT-reducing projects would result in emissions of PM10, PM2.5, NOX, SOX, CO, and VOCs from the use of construction equipment, construction worker vehicle trips, and truck hauling trips. Emissions of fugitive dust (PM10 and PM2.5) are largely associated with ground-disturbing activities, such as site preparation. Construction of VMT-reducing projects could require a temporary increase in the number of construction workers, ground disturbance, and use of construction equipment. Construction-related emissions would be minor and temporary.

Some air districts have established screening level sizes for the types of projects that would be expected to generate significant levels of criteria air pollutants during construction, such as a 114 dwelling unit single-family development, or a 277 thousand square foot office park, which are much larger projects than would be implemented under the program (BAAQMD 2017). Therefore, construction of VMT-reducing projects would not result in a cumulatively considerable net increase of criteria pollutants.

Resolution No. 2022-162
Exhibit "B"

467
Item20.

Based on the above discussion, implementation of VMT-reducing projects under the program would not result in the violation of any air quality standard or result in a cumulatively considerable contribution to an existing or projected air quality violation. VMT-reducing projects would not result in emissions that would exceed the County’s SLTs, and therefore, would not contribute to nonattainment designations and would not exacerbate or interfere with the region’s ability to attain the health-based standards. This impact is less than significant. c) Expose sensitive receptors to substantial pollutant concentrations? Less than significant. The following sections describe the potential for the VMT-reducing projects that would be implemented as part of program to expose sensitive receptors to substantial concentrations of CO and TACs.

Carbon Monoxide
The single largest source of CO is motor vehicle engines. CO concentration near roadways is a direct function of vehicle idling time and, thus, traffic flow conditions. VMT-reducing projects that would be implemented as part of the program would not result in any residential development that would directly cause regional population growth or otherwise induce population growth. Additionally, VMT-reducing projects would not change existing land use designations in a manner that would increase traffic or have the potential to result in CO hotspots. Rather, the goal of VMT-reducing projects is to reduce vehicle trips, which would have the co-benefit of reducing vehicle idling time and air pollutant emissions. Although there would be a temporary increase in vehicle trips related to construction worker commute and equipment delivery, VMT-reducing projects would not result in substantial short- or long-term vehicle trip generation at levels that could cause unhealthy concentrations of CO on nearby roadways. Therefore, the program would not create or contribute to a CO hotspot.

Toxic Air Contaminants
For projects that do not propose stationary sources of emissions, diesel PM is the primary TAC of concern. Diesel PM dissipates rapidly from the source, and exposure concentrations would decline with distance from construction activities (Zhu et al. 2002). The dose to which receptors are exposed is the primary factor used to determine health risk (i.e., potential exposure to TAC emission levels that exceed applicable standards). Dose is a function of the concentration of a substance or substances in the environment and the duration of exposure to the substance. Dose is positively correlated with time, meaning that a longer exposure period would result in a higher exposure level for the maximally exposed individual. According to the Office of Environmental Health Hazard Assessment, health risk assessments, which determine the exposure of sensitive receptors to TAC emissions, should be based on a 70- or 30- year exposure period. However, such assessments should be limited to the period and duration of activities that generate TAC emissions (OEHHA 2015).

VMT-reducing projects that would be implemented as part of the program would include improvements to the City’s existing pedestrian, bicycle, and transit network. These types of improvements would not introduce new stationary or mobile sources of diesel PM emissions. Rather, VMT-reducing projects are anticipated to reduce vehicle trips and vehicle idling time, which would have the co-benefit of reducing diesel PM emissions. Therefore, VMT-reducing projects would result in beneficial long-term air quality impacts.

Construction of VMT-reducing projects would result in diesel PM emissions from the use of construction equipment and from the use of haul trucks to deliver materials. These types of construction activities would occur in residential and commercial areas, which include sensitive receptors such as residences, schools, and hospitals. However, these activities would involve minimal use of heavy-duty diesel equipment and thus, diesel PM emissions would be minimal well. Furthermore, construction activities would be temporary and it is unlikely that construction involving use of heavy-duty diesel equipment or vehicles would last for longer than one to two weeks for the most-intensive VMTreducing projects (e.g., installing new roundabouts, sidewalks, and bicycle facilities), which is a short exposure period relative to the 30- or 70-year exposure timeframe recommended for health risk assessments. Construction activities would not be of the size, intensity, or duration to exceed County’s SLTs or to emit substantial TAC concentrations.

The County has adopted these thresholds in consideration of achieving attainment for the NAAQS and CAAQS, which represent concentration limits of criteria air pollutants needed to adequately protect human health. Because construction of VMT-reducing projects would not exceed the County’s SLTs and would not emit substantial TAC Resolution No. 2022-162
Exhibit "B"