Escondido City Council
February 15, 2023

317
Item11.

10. The project shall satisfy the City Engineer that all existing easements that are necessary to be vacated and any interest from other property owners, agency’s or utility companies has been abandoned prior to the approval of the Final Map

11. The project shall grant any and all easements required to ensure all the existing parcels within and adjacent to the subdivision have legal and adequate access that meets City of Escondido standards to a dedicated public street.

12. The project shall provide continuous, paved and safe access to all existing property owners during all phases of the project subject to approval from the Fire Department.

STREET IMPROVEMENTS AND TRAFFIC

1. Public street and drainage improvements shall be constructed to City Standards as required by the Subdivision Ordinance and to the satisfaction of the City Engineer prior to first occupancy. Specific details, including final street improvement widths, right -of-way widths, concrete curb and gutters, curb returns and pedestrian ramps, drainage, lighting, etc. shall be to the satisfaction of the City Engineer.

2. Prior to first occupancy the developer shall construct street improvements, including but not limited to, concrete curb, gutter, sidewalk, street lights, street trees, paving and base on the following streets within and adjoining the project boundary:

STREET CLASSIFICATION
East Valley Parkway Prime Arterial (106’/126’)
Ambersweet Way Residential Street (36’/60’)
Beven Drive Residential Street (36’/76’)
Foxly Drive Residential Street (36’/60’)
Public Streets A – E Residential Street (36’/60’)
Valle Lindo Drive Residential Street (28’/43’)
See appropriate typical sections in the current Escondido Design Standards for additional details.

3. Improvement plans prepared by a Civil Engineer are required for all public street and utility improvements.

4. All on-site failing sections of asphalt driveway and concrete gutter must be repaired and/or replaced to the satisfaction of the City Engineer.

5. The address of each lot/dwelling unit shall either be painted on the curb or, where curbs are not available, posted in such a manner that the address is visible from the street. In both cases, the address shall be placed in a manner and location approved by the City Engineer.

6. All on-site roads and parking areas shall be public. Typical sections and design details shall be to the satisfaction of the City Engineer and Director of Development Services. The public street improvements sha ll include, but not be limited to, the construction of concrete curb and gutter, sidewalks, street lights, asphalt paving and base.

7. All cul-de-sacs shall conform to the current Escondido Design Standards.

Resolution No. 2023-20
Exhibit "D"

318
Item11.

8. The developer will be required to provide a detailed detour and traffic control plan, for all construction within existing rights-of-way, to the satisfaction of the Traffic Engineer and the Field Engineer. This plan shall be approved prior to the issuance of an Encroachment Permit for construction within the public right-of-way.

9. The developer’s engineer shall prepare a complete signing and striping plan for all improved and modified roadways. The developer’s contractor shall complete all necessary removal of existing striping and signage and shall install all new signing and striping per the approved plans and as directed by the Field Engineer.

10. The project is subject to the vacation of public rights-of-way within or adjoining the project boundary.

Specific areas to be vacated shall be determined to the satisfaction of the City Engineer. The street vacation must be approved by the City Council prior to recordation of the Final Map. The developer shall be responsible for relocation of all existing utilities within this street vacation.

11. The developer may be responsible for an overlay of Ambersweet Way, Beven Drive and Foxly Lane due to the anticipated heavy construction traffic and the many utility trenches necessary to serve this project. The determination of the extent of the overlay shall be to the satisfaction of the City Engineer.

12. Adequate horizontal sight distance shall be provided at all street intersections. Increased parkway widths, open space easements, and restrictions on landscaping shall be provided for adequate sight distance and subject to approval of the City Engineer.

13. The developer shall be required to construct an emergency access road to the satisfaction of the City Engineer and City Fire Marshal.

14. The proposed street system shall be designed to align with other existing intersections to th e satisfaction of the City Engineer.

15. The project shall be designed to comply with the maximum grade of intersecting streets of 6% per the Escondido Design Standards.

16. Pedestrian access routes shall be provided into the project to the satisfaction of the City Engineer.

17. All gated entrances shall be designed and improved to the satisfaction of the City Engineer.

18. The developer shall install trash capture devices on existing storm drain inlets along the project’s frontage to the satisfaction of the City Engineer.

19. Prior to first occupancy, the Developer shall reconstruct the median on Beven Drive to provide a 150- foot eastbound left-turn pocket to the intersection with internal Street “E” (Street A identified on TM).

20. Prior to first occupancy, the Developer shall restripe the northbound lanes of E Valley Parkway within the existing pavement between Eureka Drive and El Norte Parkway to provide three northbound through lanes with five -foot buffer lane and five -foot bike lane. The northbound approach to the intersection of E Valley Road and Eureka Drive shall be one left -turn lane, two through lanes, one shared through-right lane, and bike lane.

Resolution No. 2023-20
Exhibit "D"

319
Item11.

21. Prior to first occupancy, the Developer shall restripe the northbound approach to the E Valley Road and El Norte Parkway intersection to provide two left -turn lanes, two through lanes, one shared through-right lane, and bike lane.

22. The project shall provide pop out traffic calming measures along Street “A”/proposed Foxley Drive as shown on the tentative map and site plan (In ternal Street “E” on Specific Plan). These shall be designed and built per City of Escondido traffic division standards and to the satisfaction of the City Engineer.

GRADING

1. A site grading and erosion control plan prepared by a registered Civil Engineer shall be approved by the Engineering Department. The first submittal of the grading plan shall be accompanied by 1 digital copy of the preliminary soils and geotechnical report. The soils engineer will be required to indicate in the soils report that he/sh e has reviewed the grading design and found it to be in conformance with his/her recommendations.

2. Erosion control, including riprap, interim slope planting, sandbags, or other erosion control measures shall be provided to control sediment and silt from the project. The developer shall be responsible for maintaining all erosion control facilities throughout the project.

3. Increased cut slope setbacks may be required along the project boundary to avoid disrupting any existing septic systems in the adjoining residential areas and may be required to avoid encountering ground water problems. Actual setbacks to be used will be based on recommendations of the soils engineer. The requirements of the San Diego County Health Department should be consulted in this regard. In lieu of these requirements, or if the County Health Department requirements cannot be met, the developer must arrange to connect adjoining existing dwelling units, now on private septic systems, to the public sewer system. In this regard, the developer will be required to make necessary arrangements for all main extensions, easements, and payment of all connection and permit fees. It shall be the responsibility of the developer to pay all plan check and inspection fees required by the San Diego County Health Department.

4. Cut slope setbacks shall be of sufficient width to allow for construction of all necessary screen walls and/or brow ditches.

5. The developer shall be responsible for the recycling of all excavated materials designated as Industrial Recyclables (soil, asphalt, sand, concrete, land clearing brush and rock) at a recycling center or other location(s) approved by the City Engineer.

6. A Construction General Permit is required from the State Water Resources Control Board for all storm water di scharges associated with a construction activity where clearing, grading, and excavation results in a land disturbance of one or more acres.

7. Lot drainage shall meet the requirements of current Escondido Design Standards, to the satisfaction of the City Engineer, and shall include the construction of necessary brow ditches.

8. All blasting operations performed in connection with the improvement of the project shall conform to the City of Escondido Blasting Operations Ordinance.

Resolution No. 2023-20
Exhibit "D"

320
Item11.

9. All existing foundations and stru ctures, other than those designated “to remain” on the Tentative Map, shall be removed or demolished from the site.

10. Unless specifically permitted to remain by the County Health Department, all existing wells within the project or affected by the off -site improvements shall be abandoned and capped, and all existing septic tanks within the project or affected by the off -site improvements shall be pumped and backfilled per County Health Department requirements.

11. The developer will be required to obtain permiss ion from adjoining property owners for any off -site grading and slopes necessary to construct the project and/or the required improvements.

12. All driveway grades shall conform to current Escondido Design Standards and Escondido Standard Drawings.

13. All lot lines shall be located at the top of slope unless otherwise approved by the City Engineer.

14. All proposed retaining walls shall be shown on and permitted as part of the site grading plan. Profiles and structural details shall be shown on the site grading plan and the Soils Engineer shall state on the plans that the proposed retaining wall design is in conformance with the recommendations and specifications as outlined in their report. Structural calculations shall be submitted for review by a Consulting Engineer for all walls not covered by the Regional or City Standard Drawings. The cost of any independent third-party review deemed necessary by the City Engineer shall be reimbursed by the developer. Retaining walls or deepened footings that are to be constructed as part of building structure will be permitted as part of the Building Department plan review and permit process.

15. Trash enclosures shall be constructed to comply with storm water quality management requirements to the satisfaction of the City Engineer.

DRAINAGE

1. Final on-site and off-site storm drain improvements shall be determined to the satisfaction of the City Engineer and shall be based on a drainage study to be prepared by the Engineer of Work. The drainage study shall be in conformance w ith the City of Escondido Design Standards and shall include concrete outlet structures within the proposed detention basins.

2. There shall be an on -site public bypass storm drain system conveying all runoff from offsite to a connection with the existing City of Escondido public storm drain system. There shall also be an on- site private storm drain system conveying any on-site runoff to the proposed treatment and detention basins. Each storm drain system shall be noted clearly on all plan sets submitted to the Engineering Department and shall meet City of Escondido public standards for design and construction. The responsibility for maintenance of the on-site private storm drain system shall be that of the developer and home owner’s association. Provisions stating this shall be included in the CC&Rs with exhibits and shall be clearly indicated on all plan sets. The on-site public bypass storm drain system shall be maintained by the City of Escondido.

3. Drainage facilities shall be provided at the toe of all co mmonly maintained large slope areas to intercept irrigation runoff approaching the individual lots.

Resolution No. 2023-20
Exhibit "D"

321
Item11.

4. The project shall limit drainage flows to their pre-construction rates. Details and calculations for the detention basin shall be submitted and approved as part of the grading plan check.

5. A Storm Water Quality Management Plan (SWQMP) in compliance with the City’s latest adopted Storm Water Design Manual shall be prepared for all newly created or replaced onsite impervious areas, impervious frontage, and required offsite improvements. The SWQMP shall be submitted for approval with the final improvement and grading plans. The SWQMP shall include treatment calculations, post-construction storm water treatment measures, and maintenance requirements.

6. All site dr ainage with emphasis on the roadway, parking, and driveway areas shall be treated to remove expected contaminants using a high efficiency non -mechanical method of treatment. The City highly encourages the use of bio-retention areas as the primary method of storm water retention and treatment. The landscape plans will need to reflect these areas of storm water treatment.

7. Site Design and Source Control Best Management Practices (BMPs) shall be implemented to the maximum extent practicable. Downspouts from buildings shall be directed to landscaping to allow the infiltration of runoff into the ground. Where feasible, runoff from the hardscape areas shall be directed to landscaped areas to allow infiltration into the ground.

8. The developer will be required to have the current owner of the property sign, notarize, and record a Storm Water Control Facility Maintenance Agreement.

WATER SUPPLY

1. The Developer is required at their sole expense to design and construct a looped 8-inch public water main. This 8-inch water main shall connect to the existing 12 -inch water main in Ambersweet Way south of the project. The developer shall loop the 8 -inch water main in Public Street A through the project and connect to the existing 8-inch water main in Lake Wohlford Road. An 8-inch water main shall also be designed and constructed to serve all new and existing single -family residences as approved on the tentative map and site plan. A minimum 20 -foot public utility easement shall be granted to the City of Escondido thr ough Open Space F. The 8 -inch water main shall be designed and constructed in accordance with the current City of Escondido Design Standards and Standard Drawings and to the satisfaction of the Utilities Engineer.

2. Fire hydrants together with an adequate water supply shall be installed at locations approved by the Fire Marshall. Fire hydrants shall connect to a minimum 8-inch water main.

3. The final locations and sizing of all required water mains, water services, fire hydrants, detector check assemblies, and other water appurtenances shall be designed and installed to the satisfaction of the Director of Utilities and the Utilities Engineer.

4. All on-site water lines and backflow prevention devices beyond the City water meter or DCA shall be considered a private water system. The property owner shall be responsible for all maintenance of these water lines and appurtenances.

5. A 1 -inch minimum water service, 1 -inch water meter, and backflow prevention device shall be required for domestic water supply per City of Escondido Design Standards and Standard Drawings.

Resolution No. 2023-20
Exhibit "D"

322
Item11.

Water meters and backflow prevention devices shall not be installed within a driveway apron or on private drive areas.

6. No trees or deep-rooted bushes shall be planted within 10-feet of any water mains.

7. There shall be no permanent structures located within the City’s Public utility Easements.

8. Improvement plans for all proposed water mains shall be prepared by a Civil Engineer and submitted to the City of Escondido for review and approval.

9. All public water mains shall be located under asphalt or concrete pavement and not under curbs, gutters, medians or sidewalks.

9. Backflow prevention assemblies are private and shall be maintained by the homeowner in accordance with Escondido design standards. Backflows shall be located directly behind the public meter.

10. Any water services to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the public water meter to the satisfaction of the Utilities Engineer and Water Distribution Department.

11. Any fire hydrants to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the fire hydrant per the satisfaction of the Utilities Engineer and Water Distribution

13. The Developer shall disconnect at the public main, all water services and fire hydrants laterals to be abandoned, to the satisfaction of the Utilities Engineer and Water Distribution Department.

SEWER

1. The Developer is required at their sole expense to design and construct an 8-inch sewer main. This 8-inch sewer main shall begin north of the project’s northerly property line in Proposed Foxley Drive and connect to the existing 8 -inch sewer main in Beven Drive. An 8 -inch sewer main shall be designed and constructed to serve all new and existing single-family residences as approved on the tentative map and site plan. A minimum 20 -foot sewer easement shall be granted to the City of Escondido through open space B. A minimum 20-foot public utility easement shall be granted to the City of Escondido through open space F. A minimum 20-foot public utility easement shall be granted to the City of Escondido through Open Space L. A minimum 20-foot public utility easement shall be granted to the City of Escondido through Open Space K. The 8 -inch sewer main shall be designed and constructed in accordance with the current City of Escondido Design Standards and Standard Drawings and to the satisfaction of the Utilities Engineer.

2. A private 4-inch minimum PVC sewer lateral with a standard clean-out within 18-inches of the Public Utility Easement or ROW shall be constructed for the project and shown on the Improvement and Grading plans. Sewer laterals less than 8-inches in diameter shall connect to the sewer main with a wye or Inserta-Tee.

Resolution No. 2023-20
Exhibit "D"

323
Item11.

3. All sewer laterals shall be constructed per current City of Escondido Design Standards and Standard Drawings and per the current Uniform Plumbing Code.

4. No trees or deep-rooted bushes shall be planted within 15-feet of any sewer main or within 10-feet of any sewer lateral. Sewer laterals shall be 5-feet horizontally clear from other utilities.

5. All sewer laterals shall be considered a private sewer system. The property owner shall be responsible for all maintenance of sewer laterals to the public sewer main.

6. Any sewer mains, laterals, and appurtenances shall be designed and constructed per current City of Escondido Design Standards and Standard Drawings, and to the satisfaction of the Utilities Engineer.

LANDSCAPE

1. A site landscaping and irrigation plan shall be submitted to the Engineering Department with the second submittal of the grading plan. The initial submittal of the landscape plans shall include the required plan check fees in effect at the time of the submittal.

2. Permanent landscaping shall be installed along the project frontage and all areas disturbed by the project (including offsite areas). The landscaping, including storm water treatment BMPs, shall be maintained by Home Owners Association. Provisions stating this shall be included in the CC&Rs.

FINAL MAP - EASEMENTS AND DEDICATIONS

1. The developer shall make all necessary dedications (or, if appropriate, offer of dedications) for public rights-of-way on any street contiguous to the project to the satisfaction of the City Engineer.

2. All easements, both private and public, affecting subject property shall be shown and delineated on the Final Map.

3. Necessary public utility easements for sewer, water, storm drain, etc. shall be granted to the City on the Final Map. The minimum easement width is 20 feet. Easements with additional utilities shall be increased accordingly.

4. Vehicular access rights to all lots fronting on Major roads and Prime Arterials s hall be relinquished and waived to the City of Escondido.

5. The developer is responsible for making the arrangements to quitclaim all easements of record or parcels which conflict with the proposed development prior to approval of the Final Map. All street vacations shall be accomplished by means of a separate public hearing. If an easement of record contains an existing utility that must remain in service, proof of arrangements to quitclaim the easement once new utilities are constructed must be submitted to the City Engineer prior to approval of the Final Map. Building permits will not be issued for lots in which construction will conflict with existing easements, nor will any securities be released until the existing easements are quitclaimed.

The initial submittal of the plat and legal shall include the required Street Vacation fee in effect at the time of the submittal.

Resolution No. 2023-20
Exhibit "D"

324
Item11.

REPAYMENTS AND FEES

1. A cash security shall be posted to pay any costs incurred by the City to clean -up eroded soils and debris, repair damage to public or private property and improvements, install new BMPs, and stabilize and/or close-up a non-responsive or abandoned project. Any moneys used by the City for cleanup or damage will be drawn from this security and the grading permit will be revoked by written notice to the developer until the required cash security is replaced. The cleanup cash security shall be released upon final acceptance of the grading and improvements for this project. The amount of the cash security shall be 10% of the total estimated cost of the grading, drainage, landscaping, and best management practices items of work with a minimum of $5,000 up to a maximum of $50,000, unless a higher amount is deemed necessary by the City Engineer.

2. The developer shall be required to pay all development fees of the City then in effect at the time, and in such amounts as may prevail when building permits are issued.

CC&Rs

1. Copies of the CC&Rs shall be submitted to the Engineering Department and Planning Department for approval prior to approval of the Final Map.

2. The developer shall make provisions in the CC&Rs for maintenance by the homeowners’ association of driveways, parking areas, private utilities (including sewer and water), drainage swales, private storm drains and any common open spaces. These provisions must be approved by the Engineering Department prior to approval of the Final Map.

3. The developer shall make provisions in the CC&Rs for maintenance, repair and access to all brow ditches which pass from one lot through an adjacent lot.

4. The CC&Rs must state that the property owners’ association assumes liability for damage and repair to City utilities in the event that damage is caused by the property owners’ association when repair or replacement of private utilities is done.

5. The CC&Rs must state that (if stamped concrete or pavers are used in the private street) the homeowners’ association is responsible for replacing the stamped concrete or pavers in -kind if the City has to trench the street for repair or replacement of an existing utility.

6. The CC&Rs shall reference the recorded Storm Water Control Facility Maintenance Agreement and the approved Storm Water Quality Management Plan (SWQMP) for the project.

UTILITY UNDERGROUNDING AND RELOCATION

1. All existing overhead utiliti es within the subdivision boundary or along fronting streets shall be relocated underground as required by the Subdivision Ordinance.

2. The developer shall sign a written agreement stating that he/she has made all such arrangements as may be necessary to coordinate and provide utility construction, relocation and undergrounding.

All new utilities shall be constructed underground.

Resolution No. 2023-20
Exhibit "D"

325
Item11.

EXHIBIT “E”
Final Environmental Impact Report and Addendum
Resolution No. 2023-20
Due to the number of pages of Exhibit “ E,” the following link has been provided to review the documents electronically on the City’s web site:
https://www.escondido.org/northeast-gateway-project
The link includes the following:

Final Environmental Impact Report for the Northeast Gateway Specific Plan (ER 2001 -25) Addendum to the FEIR
Resolution No. 2023-20
Exhibit "E"

326
Item11.

Northeast Gateway 64 Addendum November 2022
City of Escondido
EXHIBIT “F”
Resolution No. 2023-20

MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)

INTRODUCTION AND SUMMARY
Pursuant to Section 21081.6 of the Public Resources Code and the California Environmental Quality Act (CEQA) Guidelines Section 15097, public agencies are required to adopt a monitoring or reporting program to assure that mitigation measures identified in Final Environmental Impact Report (FEIR) applicable to the Project and Addendum to the FEIR are implemented. As stated in Section 21081.6 of the Public Resources Code:
“… the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” As defined in the CEQA Guidelines, Section 15097, “reporting” is suited to projects that have readily measurable or quantitative measures or which already involve regular review. “Monitoring” is suited to projects with complex mitigation measures , such as wetland restoration or archaeological protection, which may exceed the expertise of the local agency to oversee, are expected to be implemented over a period of time or require careful implementation to assure compliance. Both reporting and monit oring would be applicable to the proposed project.

MITIGATION MATRIX
To sufficiently track and document the status of mitigation measures, a mitigation matrix has been prepared and includes the following components:
• Impact
• Mitigation Measure
• Action
• Timing
• Responsibility
The mitigation matrix is included in Table below. Additionally, the project will be required to adhere to the relevant mitigation measures identified in the FEIR MMRP, project design features and regulatory compliance measures identified i n the Addendum and Project Conditions of Approval. The mitigation measures are also included in the Project conditions of approval.

PROJECT NUMBER / NAME: PL22 -0145, PL22 -0146, PL22-0147 and PL23 -0032 (Northeast Gateway Residential 64)
LOCATION: The 36.42-acre project site is located east of E. Valley Parkway, south of Lake Wohlford Road, north of Bevin Drive, addressed at 2039, 2047, 2085 and 2089 N. Iris Lane ASSESSOR PARCEL NUMBERS (APNS) : 240 -011-01-00, -240-011-12-00, 240-011-13-00, 240- 020-23-00, 240-020-32-00, 240-020-33-00, a portion of 240-020-21-00 and portion of 240-020-27-00 Resolution No. 2023-20
Exhibit "F"

327
Item11.

Northeast Gateway Residential 64 Project Mitigation Monitoring and Reporting Program

Impact Mitigation Measure Action Timing Responsibility

BIOLOGY
BIO-1 Potential Impacts
to CSS.

Mitigation for direct impacts to coastal sage scrub habitat is required per the mitigation ratios outlined in the MHCP (SANDAG 2003). The mitigation ratio for impacts to coastal sage scrub located outside of an FPA is 1:1, resulting in a project mitigation requirement of 0.59 acre. Mitigation involving preservation of in-kind habitat must be located within an FPA. For the project, mitigation for impacts to coastal sage scrub would occur through the preservation of the 1.78 acres of coastal sage scrub habitat located within the on-site FPA with a conservation easement or other
conservation mechanism.

Prior to clearing activities or recordation of a final map, the Developer shall submit a conservation easement to the City and Agencies for review and approval. Subject to
concurrence with the City and Agencies, the Developer may initiate construction activities and record the final map prior to approval of the conservation easement by putting in place a deed restriction (i.e., Restrictive Covenant or Notice of Conditions or similar restrictive document) on the proposed open space lot to identify the lot as permanent open space and not subject to construction activities. The form and language of the deed restriction shall be approved by the City of Escondido and the California Department of Fish and Wildlife. Prior to the issuance of the first building permit, the final conservation easement shall be recorded and the deed restriction removed from the title.

Prior to Final Map, the applicant shall place all natural open space in a dedicated conservation easement with an
irrevocable offer of dedication to the City of Escondido. The conserved lands shall be managed by an entity experienced in natural lands management. The wildlife agencies will be designed as third-party beneficiaries. The habitat manager Review/approve
easement
language/coordinate
with wildlife
agencies
Preservation on-site
of in-kind habitat
within FPA – record
conservation
easement or other
conservation method

Prior to Final Map Applicant/Land
Owner/Project
Biologist/Develop
ment Services
Department/Wildlif
e Agencies
Resolution No. 2023-20
Exhibit "F"

328
Item11.

Impact Mitigation Measure Action Timing Responsibility
shall provide assurances that management and monitoring of the open space occurs in perpetuity.

BIO-2a – Impacts to
mature/protected trees
Per the City Municipal Code Section 33-1068.C (2)(a), any mature tree that will be removed will be replaced at a 1:1 ratio and any protected tree that will be removed will be replaced at a 2:1 ratio. The preferred replacement is a tree(s) of equal size and caliper, per Section 33-1069 (b)(4).

The minimum mitigation planting requirements for the
removal of 119 mature trees (1:1 replacement ratio) and 64 protected trees (2:1 replacement ratio) is 247 trees. This number of trees can either be incorporated into the post development landscape and/or mitigated by a contribution to an in-lieu fee to the City of Escondido (Dudek 2022).

Review/approve
grading and
landscape plan
Prior to grading
permit
Project
applicant/owner/p
roject
biologist/Develop
ment Services
Department
BIO-2b – Impacts to
mature/protected trees
Tree protection measures shall be incorporated into the project design as outlined in Appendix E of the Northeast Gateway Project Tree Inventory and Arborist Report (Dudek 2022). These measures include tree protection measures
prior to construction (fencing/signage pre-construction meeting), protection and maintenance measures during
construction (avoidance, equipment operations/storage,
storage and disposal of supplies and materials, moving of construction materials, grade changes, trenching, irrigation, canopy pruning, periodic washing of foliage, and inspection by ISA Certified Arborist), and maintenance measures after construction (mulch application, pruning, watering, spraying and monitoring).

Review/approve
grading plan and
tree protection
measures
Prior grading permits Project
applicant/owner/p
roject
biologist/Develop
ment Services
Department

Resolution No. 2023-20
Exhibit "F"

329
Item11.

Impact Mitigation Measure Action Timing Responsibility

BIOLOGICAL RESOURCES
BIO-3a – Potential
impacts to nesting birds
Prior to issuance of grading permits, the following shall be identified on the grading plan: A qualified biologist shall determine if any active avian nests occur on or in the
immediate vicinity of the project site if construction is set to commence or continue into the breeding season of raptors, coastal California gnatcatcher, southern rufous-crowned sparrow, and/or general avian species covered under the Migratory Bird Treaty Act (January 1 to September 1). If active nests of any of these sensitive bird species, raptors, or other general avian species are found, the appropriate
buffer setback for the particular species nesting (200 feet for general avian species and 500 feet for special status species and raptors) shall be established and the area within this buffer setback shall not be disturbed until after
September 1 or until the nest becomes inactive.

If project construction cannot avoid the breeding season of January 1 through September 1, a qualified biologist shall survey potential nesting vegetation (e.g., trees, shrubs, open areas) within the project site for nesting birds prior to commencing any project activity. Surveys shall be conducted at the appropriate time of day, no more than seven days prior to vegetation removal or disturbance. Documentation of surveys and findings shall be submitted to the City for review and concurrence prior to conducting any project
activities. If no nesting birds are observed and concurrence was received, project activities may begin. If an active bird nest is located, the nest site shall be demarcated a
minimum of 200 feet (500 feet for special status species and raptors) in all directions on-site, and this area shall not be disturbed until after September 1 or until the nest
becomes inactive. If threatened or endangered species are observed within 500 feet of the work area, no work shall occur during the breading season (January 1 through
September 1) to avoid direct or indirect (noise) take of listed species.

Complete
survey/review
results. Prepare and
approve
buffer/setback plan
and include on
grading plans
Prior to grading
permits. Review
survey result and
approve
buffer/setback plan
on grading plans.

Applicant/Owner/
Project
Biologist/Develop
ment Services
Department
Resolution No. 2023-20
Exhibit "F"

330
Item11.

Impact Mitigation Measure Action Timing Responsibility
BIO-3b – Impacts to open
space from lighting
Lighting for the project where adjacent to the FPA shall be shielded and/or directed away from the FPA open space
area. Understanding that some species rely on darkness for shelter, feeding patterns, migrating, the areas adjacent to the FPA would be especially sensitive to light exposure in order to retain native characteristics. Placement and use of lighting associated with the project shall be designed to be shielded and directed downward to minimize light pollution of adjacent FPA lands and accommodate the habits of
nocturnal species that prefer to move and forage in
darkness.

Review and approve
lighting/improvemen
t plans
Prior to issuance of
improvements plans
for street lighting and
building plans for
homes.

Applicant/Land
Owner, Project
Engineer/Architect
/Development
Services
Department
BIO -3c – Impact from
Wildland Fire Areas
Per the MHCP and City’s Draft Subarea Plan, new residential development located adjacent to an FPA must incorporate Zone 1 areas on the development pad and brush
management zone 2 areas outside the limits of the FPA
(SANDAG 2003; City of Escondido 2001).

Review and
approved landscape
plan
Prior to issuance of
grading permit
Applicant/Land
Owner, Landscape
Architect,
Contractor/Develo
pment Services
Department
BIO-3d – Impacts from
invasive species
No invasive non-native plant species shall be introduced into areas adjacent to the FPA. The planting palette depicted on the landscape plans for the slopes and landscaped areas adjacent to the FPA shall not include any invasive or non- native plant species
Review/approve
landscape plans
Prior to issuance of
grading permit
Applicant/Land
Owner, Landscape
Architect/Develop
ment Services
Department
BIO-3e – Impact to native
habitat from drainage
All new developed areas adjacent to the FPA must not drain directly into the FPA. All developed and paved areas must prevent the release of toxins, chemicals, petroleum
products, exotic plant materials and other elements that might degrade or harm the natural environment or
ecosystem processes within the FPA. This can be
accomplished using a variety of methods including natural detention basins, grass swales, or mechanical trapping
devices. These systems should be maintained regularly to Review/approve
grading/drainage/st
orm water
management plan
Prior to issuance of
grading permit.

Applicant/Land
Owner, Project
Engineer/Develop
ment Services
Department.

Resolution No. 2023-20
Exhibit "F"

331
Item11.

Impact Mitigation Measure Action Timing Responsibility
ensure proper functioning. Maintenance should include
dredging out sediments if needed, removing exotic plant materials, and adding chemical-neutralizing compounds
(e.g., clay compounds) when necessary and appropriate.

BIO-3f – Impact to native
area from unauthorized
public access
New development adjacent to the FPA is required to provide appropriate barriers (e.g., non-invasive vegetation,
rocks/boulders, fences, walls, and/or signage) along the FPA boundaries to direct any public access to appropriate
locations and reduce domestic animal predation.

Review and grading
plan for provisions
for installation of
barriers/signage.

Prior to issuance of
grading
permit/grading/land
scape/fencing plan
Applicant/Land
Owner, Project
Engineer/Landsca
pe
Architect/Develop
ment Services
Department.

CULTURAL RESOURCES/TRIBAL CULTURAL RESOURCES
MM-CR-1 through MM –
CR 11 Due to grading
and ground disturbing
activities, the Project has
the potential to impact
existing and unidentified
archaeological resources
on the Project site and/or
human remains.

MM-CR-1 Prior to the issuance of a grading permit, the
Applicant shall enter into a Tribal Cultural Resource
Treatment and Monitoring Agreement (also known as a Pre- Excavation Agreement) with a tribe that is traditionally and culturally affiliated with the Project Location (“TCA Tribe”).

The purposes of the agreement are (1) to provide the
Applicant with clear expectations regarding tribal cultural resources, and (2) to formalize protocols and procedures between the Applicant/Owner and the TCA Tribe for the
protection and treatment of, including but not limited to, Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas and cultural items, located and/or
discovered through a monitoring program in conjunction with the construction of the Project, including additional
archaeological surveys and/or studies, excavations,
geotechnical investigations, grading, and all other ground- disturbing activities. The agreement shall incorporate, at a minimum, the performance criteria and standards, protocols, and procedures set forth in mitigation measures MM-CR-2 through MM-CR-10, and the following information:

Enter into Tribal
Cultural Resources
Treatment and
Repatriation
Agreement.

Prior to issuance of
Grading Permit
and/or during all
earth moving and
ground disturbing
activity.

Applicant/
Landowner, TCA
Tribe
Resolution No. 2023-20
Exhibit "F"

332
Item11.

Impact Mitigation Measure Action Timing Responsibility
• Parties entering into the agreement and contact
information.

• Responsibilities of the Property Owner or their
representative, archaeological monitors, and tribal
monitors.

• Project grading and development scheduling,
including determination of authority to adjust in the
event of unexpected discovery, and terms of
compensation for the monitors, including overtime
and weekend rates, in addition to mileage
reimbursement.

• Requirements in the event of unanticipated
discoveries, which shall address grading and
grubbing requirements including controlled grading
and controlled vegetation removal in areas of
cultural sensitivity, analysis of identified cultural
materials, and on-site storage of cultural materials.

• Treatment of identified Native American cultural
materials.

• Treatment of Native American human remains and
associated grave goods.

• Confidentiality of cultural information including
location and data.

• Negotiation of disagreements should they arise.

• Regulations that apply to cultural resources that
have been identified or may be identified during
project construction.

Resolution No. 2023-20
Exhibit "F"

333
Item11.

Impact Mitigation Measure Action Timing Responsibility
MM-CR-2 Prior to issuance of a grading permit, the
Applicant shall provide written verification to the City that a qualified archaeologist and a Native American monitor
associated with a TCA Tribe have been retained to
implement the monitoring program. The archaeologist shall be responsible for coordinating with the Native American monitor. This verification shall be presented to the City in a letter from the Project archaeologist that confirms the selected Native American monitor is associated with a TCA Tribe. The City, prior to any pre-construction meeting, shall approve all persons involved in the monitoring program.

Provision of written
verification that
qualified
archaeologist and
Native American
monitor associated
with a TCA Tribe.

Prior to issuance of
Grading Permit.

Applicant/Land
Owner
MM-CR-3 The qualified archaeologist and a Native
American monitor shall attend all applicable pre-construction meetings with the General Contractor and/or associated
subcontractors to explain and coordinate the requirements of the monitoring program.

Attend pre-
construction
meetings
Prior to and during all
earth moving and
ground disturbing
activity.

Applicant/
Landowner,
Archaeologist,
Native American
Monitor.

MM-CR-4 During the initial grubbing, site grading,
excavation or disturbance of the ground surface (including both on- and off-site improvement areas), the qualified archaeologist and the Native American monitor shall be
present full-time. If the full-time monitoring reveals that the topsoil throughout the Project impact area (both on and off- site) has been previously removed during the development of the roads and buildings within the Project area, then a decrease of monitoring to part-time monitoring or the
termination of monitoring can be implemented, as deemed appropriate by the qualified archaeologist in consultation with the Native American monitor. The frequency of
subsequent monitoring shall depend on the rate of
excavation, the materials excavated, and any discoveries of tribal cultural resources as defined in California Public Resources Code Section 21074. The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring considering these factors. Archaeological and Native American monitoring will be discontinued when the depth of grading and soil conditions no longer retain the Full-time Monitoring
and determination of
duration and
frequency of
subsequent
monitoring.

During the initial
grubbing, site
grading, excavation
or disturbance of the
ground surface
(including both on-
and off-site
improvement areas)
Archaeologist,
Native American
Monitor
Resolution No. 2023-20
Exhibit "F"

334
Item11.

Impact Mitigation Measure Action Timing Responsibility
potential to contain cultural deposits (i.e., soil conditions are comprised solely of fill or granitic bedrock).

MM-CR-5 In the event that previously unidentified tribal cultural resources are discovered, all work must halt within a 100-foot radius of the discovery. The qualified archaeologist and the Native American monitor shall evaluate the
significance of the find and shall have the authority to modify the no-work radius as appropriate, using professional
judgment. The qualified archaeologist and Native American Monitor shall consider the criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines sections 15064 and 15064.5(c) in
determining the significance of a discovered resource. If the professional archaeologist and Native American monitor
determine that the find does not represent a culturally significant resource, work may resume immediately, and no agency notifications are required. Isolates and clearly non- significant deposits shall be documented in the field and collected and monitored grading can immediately proceed.

All unearthed archaeological resources or tribal cultural resources shall be collected, temporarily stored in a secure location, and repatriated for later reburial on the project site, pursuant to the terms of the Pre-Excavation Agreement.

If potential tribal
cultural resources
are found, halt
ground disturbance
and follow
procedures listed for
discovery.

During all earth
moving and ground
disturbing activity.

Archaeologist,
Native American
Monitor
MM-CR-6 If the qualified archaeologist and Native
American monitor determine that the find does represent a potentially significant tribal cultural resource, considering the criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines
sections 15064 and 15064.5(c), the archaeologist shall
immediately notify the City of said discovery. The qualified archaeologist, in consultation with the City, the consulting TCA Tribe(s), and the Native American monitor, shall
determine the significance of the discovered resource. A recommendation for the tribal cultural resource’s treatment and disposition shall be made by the qualified archaeologist in consultation with the TCA Tribe(s) and be submitted to the City for review and approval. If the find is determined to be a If potential tribal
cultural resource is
determined to be
significant, notify the
City and follow
agreed upon
treatment and
disposition
measures.

During all earth
moving and ground
disturbing activity.

Archaeologist,
Native American
Monitor, City
Director of
Development
Services
Resolution No. 2023-20
Exhibit "F"

335
Item11.

Impact Mitigation Measure Action Timing Responsibility
Tribal Cultural Resource under CEQA, as defined in California Public Resources Code Section 21074(a) though (c),
appropriate treatment measures will be implemented. Work may not resume within the no-work radius until the City, through consultation as set forth herein, determines either that: 1) the discovery does not constitute a Tribal Cultural Resource under CEQA, as defined in California Public
Resources Code Section 21074(a) through (c); or 2) the
approved treatment and disposition measures have been
completed.

MM-CR-7 All sacred sites, significant tribal cultural resources, and unique archaeological resources
encountered within the Project area shall be avoided and preserved as the preferred mitigation. The avoidance and preservation of the significant tribal cultural resource or unique archaeological resource must first be considered and evaluated in consultation with the TCA Tribe(s) as required by CEQA and in compliance with all relevant mitigation
measures for the Project. If any significant tribal cultural resource or unique archaeological resource has been
discovered and such avoidance or preservation measure has been deemed to be infeasible by the City’s Director of
Community Development (after a recommendation is
provided by the qualified archaeologist, in consultation with the TCA Tribe(s), making a determination of infeasibility that takes into account the factors listed in California Public Resources Code sections 21061.1, 21081(a)(3), and CEQA
Guidelines section 15091, and in accordance with all
relevant mitigation measures for the Project), then culturally appropriate treatment of those resources, including but not limited to funding an ethnographic or ethnohistoric study of the resource(s), and/or developing a research design and data recovery program to mitigate impacts shall be prepared by the qualified archaeologist (using professional
archaeological methods), in consultation with the TCA Tribe and the Native American monitor, and shall be subject to approval by the City. No artifact sampling for analysis is allowed, unless requested and approved by the consulting TCA Tribe(s). Before construction activities are allowed to If sacred sites,
significant tribal
cultural resources,
and unique
archaeological
resources are found,
halt ground
disturbance and
follow procedures
listed for discovery
including avoidance,
treatment and
disposition.

During all earth
moving and ground
disturbing activity.

Archaeologist,
Native American
Monitor, City
Director of
Development
Services
Resolution No. 2023-20
Exhibit "F"

336
Item11.

Impact Mitigation Measure Action Timing Responsibility
resume in the affected area, the research design and data recovery program activities must be concluded to the
satisfaction of the City.

MM-CR-8 As specified by California Health and Safety Code section 7050.5, if human remains are found on the Project site during construction or during archaeological work, the person responsible for the excavation, or his or her
authorized representative, shall immediately notify the San Diego County Coroner’s office. Determination of whether the remains are human shall be conducted on site and in situ where they were discovered by a forensic anthropologist, unless the forensic anthropologist and the Native American monitor agree to remove the remains to a temporary off-site location for examination. No further excavation or
disturbance of the site or any nearby area reasonably
suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition. A temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected, and consultation and treatment could occur as prescribed by law. If the Coroner determines the remains are Native American and not the result of a crime scene, the Coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the project (California Public Resources Code § 5097.98) for proper treatment and disposition in
accordance with California Public Resources Code section 5097.98. The designated MLD will have 48 hours from the time access to the property is granted to make
recommendations concerning treatment of the remains. If the City does not agree with the recommendations of the MLD, the NAHC can mediate (California Public Resources
Code § 5097.94). If no agreement is reached, the remains shall be kept in situ, or reburied in a secure location in close proximity to where they were found and where they will not be further disturbed (California Public Resources Code § 5097.98). Work may not resume within the no work radius until the lead agency, through consultation as appropriate, determines that the treatment measures have been
If human remains
are found, halt
ground disturbance
and follow
procedures listed for
discovery.

During all earth
moving and ground
disturbing activity.

Archaeologist
Resolution No. 2023-20
Exhibit "F"

337
Item11.

Impact Mitigation Measure Action Timing Responsibility
completed to their satisfaction. The analysis of the remains shall only occur on site in the presence of the MLD, unless the forensic anthropologist and the MLD agree to remove the remains to an off-site location for examination.

MM-CR-9 If the qualified archaeologist elects to collect any tribal cultural resources, the Native American monitor must be present during any cataloging of those resources.

Moreover, if the qualified archaeologist does not collect the cultural resources that are unearthed during the ground- disturbing activities, the Native American monitor may, at their discretion, collect said resources for later reburial on the Project site or storage at a local curation facility. Any tribal cultural resources collected by the qualified
archaeologist shall be repatriated to the TCA Tribe for reburial on the Project site. Should the TCA Tribe(s) decline the collection, the collection shall be curated at the San Diego Archaeological Center. All other resources determined by the qualified archaeologist, in consultation with the Native American monitor, to not be tribal cultural resources, shall be curated at the San Diego Archaeological Center.

Follow procedures
for collection of tribal
cultural resources.

During all earth
moving and ground
disturbing activity.

Archaeologist,
Native American
Monitor
MM-CR-10 Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, that describes the results, analysis, and conclusions of the archaeological monitoring program and any data recovery program on the Project site, shall be submitted by the
qualified archaeologist to the City. The Native American monitor shall be responsible for providing any notes or comments to the qualified archaeologist in a timely manner to be submitted with the report. The report will include California Department of Parks and Recreation Primary and Archaeological Site Forms for any newly discovered
resources. A copy of the final report will be submitted to the South Coastal Information Center after approval by the City.

Preparation of a
monitoring report
and/or evaluation
report if necessary.

Prior to release of
Grading Bond.

Archaeologist,
Native American
Monitor
Resolution No. 2023-20
Exhibit "F"

338
Item11.

Impact Mitigation Measure Action Timing Responsibility
MM-CR-11 Preservation of Milling Feature 5. The
relocation will be agreed upon by the City and the Rincon Band in consultation with the applicant. All efforts should be made to preserve the outcrop as one piece. If the boulder is too large to move in one piece, a concerted effort shall be made to preserve as many milling elements as possible.

Follow procedures
for collection of tribal
cultural resources.

During all earth
moving and ground
disturbing activity
Archaeologist,
Native American
Monitor
Resolution No. 2023-20
Exhibit "F"

339
Item11.

Resolution No. 2023-20
Exhibit "F"

340
Item11.

ORDINANCE NO. 2023-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING AN AMENDMENT

TO THE NORTHEAST GATEWAY SPECIFIC PLAN AND
DEVELOPMENT AGREEMENT FOR THE 64 -LOT

NORTHEAST GATEWAY PROJECT

The City Council of the City of Escondido (“City”), California, DOES HEREBY ORDAIN as follows:

SECTION 1. The City Council makes the following findings:
a) Meridian Communities, LLC (“Applicant”) filed a land use development application (Planning Case Nos. PL22-0145, PL22 -0146, PL22-0147 and PL23 -0032) constituting a request for an Amendment to the Northeast Gateway Specific Plan (Planning Area 2 internal road “E” realignment, setbacks along road “E,” and architectural design standards); Development Agreement for the transfer and purchase of 20 units from the City of Escondido’s density allocation; Tentative Subdivision Map for 64 single-family residential lots, and Grading Exemption for cut slopes in excess of 20 feet in height (“Project”), on approximately 36.42 acres generally located east of East Valley Parkway, south of Lake Wohlford Road, north of Beven Drive, addressed at 3425, 3429, 3445, 3485, and 3507 E. Valley Parkway, and 13950 and 13961 Valle Lindo Road (Assessor’s Parcel Numbers 240-011-01-00, -240-011-12-00, 240- 011-13-00, 240-020-23-00, 240-020-32-00, 240-020-33-00, a portion of 240 -020-21-00 and a portion of 240-020-27-00); as more particularly described in Exhibit “A ,” which is attached hereto and made a part hereof as though fully set forth herein (“Property”); and b) The Application was submitted to, and processed by, the Planning Division of the Development Services Department as Planning Case No s. PL22-0145, PL22-0146, PL22-0147 and PL23 - 0032. The Applicant seeks approval of an Amendment to the Northeast Gateway Specific Plan Internal Street “E” alignment as shown on Exhibit “B” and Development Regulations as shown on Exhibit “C”, along with a Development Agreement , as shown on Exhibit “ D” and on file in the Planning Division, and incorporated herein as though fully set forth.
341
Item11.

c) A Final Environmental Impact Report (“FEIR”) was certified for the Northeast Gateway Specific Plan, and an Addendum to the FEIR has been prepared for the Project in c onformance with the California Environmental Quality Act (“CEQA”).
d) The Planning Division of the Development Services Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for January 24, 2023. Following the public hearing, the Planning Commission adopted Resolution No. 2023-02, which recommended that the City Council , among other things, approve the Project, including actions to approve the Amendment to the Specific Plan and Development Agreement.

SECTION 2. The City Clerk, whose office is located at 201 North Broadway, Escondido , California 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Coun cil'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.

SECTION 3. The City Council did on February 15, 2023, hold a duly noticed public hearing as prescribed by law. Evidence was submitted to and considered by the City Council, including, without limitation:
a) Written information including all application materials and other written and graphical information posted on the project website.
b) Oral testimony from City staff, interested parties, and the public. c) The City Council staff report, dated February 15, 2023, which along with its attachments, is incorporated herein by this reference as though fully set forth herein, including the Planning Commission's recommendation on the request.
d) Additional information submitted during the public hearing. 342
Item11.

SECTION 4. That the City Council has reviewed and considered the Addendum to the Final Environmental Impact Report prepared for the Project in conformance with CEQA. The Addendum to the Final Environmental Impact Report adequately address es all environmental issues associated with the Project, and the Project would not result in any significant impacts to the environmental. The Mitigation Monitoring and Reporting Program address mitigation for potential project -related impacts and the report will sufficiently mitigate and assign on -going responsibility for carrying out mitigation responsibilities which are appropriate to address and mitigate project-related impacts.

SECTION 5. That, upon consideration of the Findings of Fact /Factors to be Considered , attached as Exhibit “E” and incorporated herein as though fully set forth herein, the City Council approves the Amendment to the Specific Plan and Development Agreement attached as Exhibits “B” “C” and “D ,” and authorizes the Mayor to execute the Development Agreement as approved by the City Attorney.

SECTION 6. Concurrently with the action on this Ordinance, the C ity Council is taking a number of actions in furtherance of the Project, as generally described in the February 15, 2023, City Council staff report. No single component of the series of actions made in connection with the Project shall be effective unless and until it is approved by an Ordinance or Resolution and is procedurally effective in the manner provided by state law. Therefore, this Ordinance shall become effective and operative only if City Council Resolution No. 2023-20 is approved.

SECTION 7. All references within this Ordinance to "Applicant" or "Developer," shall be equally applicable to the current property owner and to any successors -in-interest or assigns, whether such successors of assigns own, control, or otherwise have development authority for all, a portion, or portions of that property included within the Project site.

SECTION 8. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, 343
Item11.

such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.

SECTION 9. That as of the effective date of this ordinance, all ordinances or p arts of ordinances in conflict herewith are hereby repealed.

SECTION 10. The City Council authorizes all subsequent action to be taken by City Officials consistent with this Ordinance.

SECTION 11. That the City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido.

SECTION 12. The Ordinance shall become effective 30 days from the date of the passage. 344
Item11.

EXHIBIT “A”
Legal Description
Ordinance No. 2023-05
(Northeast Gateway Residential 64 Project)
Ordinance No. 2023-05
Exhibit "A"

345
Item11.

Ordinance No. 2023-05
Exhibit "A"

346
Item11.

Ordinance No. 2023-05
Exhibit "A"

347
Item11.

Ordinance No. 2023-05
Exhibit "A"

348
Item11.

Ordinance No. 2023-05
Exhibit "A"

349
Item11.

Ordinance No. 2023-05
Exhibit "A"

350
Item11.

EXHIBIT “B”
Ordinance No. 2023-05
Revise Exhibit 2.2b of the Northeast Gateway Specific Plan to amend the alignment of Street “E” as depicted below:

Exhibit 2-2b
Specific Plan Area 5 –
Northeast Gateway Street “E” Alignment .

Escondido, CA
Ordinance No. 2023-05
Exhibit "B"

351
Item11.

EXHIBIT “C”
Ordinance No. 2023-05
Section 2.3.3 Conceptual Circulation Plan, 4, Secondary Local Streets, Street “E” paragraph 2 to read as follow:

Exhibit 2-2b illustrates the alignment of Street “E” through Planning Area 2. As described in section 2.2.1, Street “E” will consist of two 12 -foot travel lanes and utilize R-1 setbacks on each side of the street.

Revised Section 3.6.4 Development Standards as follows:

A. Development Pattern and Building Orientation

1. At least 10% of the residential units in any development shall be one -story. At least 33% of the two -story units shall have a one -story element that is 40% or greater of the front elevation width, as illustrated in Exhibit 3 -20. The minimum depth of this element shall be 3’.

5. At least 20% of the front yards should be designed with porches and /or patios to create livable, usable front yards that are an extension of the home and a place to socialize. French doors that open to the front porch or patio are encouraged in order to integrate the indoor and outdoor spaces.

6. All homes shall be designed with careful attention to the placement of the garage.

Garages should not be the predominant feature of the streetscape in any area of the Northeast Gateway. Rather than having the garage and auto mobile dominate the fronts of homes, the garages should be placed at a variety of locations on the lots and should include design features that de -emphasize their appearance. To minimize the linear amount of garage doors facing the street and avoid the ty pical three-car garage appearance, tandem and split garage layout s for the third car are encouraged. Recessed, turn -in and drive -through garage layouts are also encouraged in order to de -emphasize the appearance of the garages from the street. Garages pl aced in the middle, or to the rear of the lot are also encouraged.

The width of driveways on lots with garages placed in the middle or rear of the lot can be reduced, allowing for larger front porches and more landscaping in the front yard. Grass mow -strips in the driveways are encouraged in order to add character and appeal. Single-car garage doors on the front elevation are encouraged in order to add texture and variety to the architecture and avoid the typical garage appearance. These design features will allow for more livable front yards and more usable front porches. Recessive colors should be used on the garages in order to de-emphasize their appearance. Garages that are placed forward on the lot with straight-in access are discouraged. Decorative garages door shall be incorporated into the design (such as glass panels and multi -panel designs and/or raised panels/elements) and shall utilize a variety of colors to complement the homes. (b) A combined minimum of 80% of the units shall have a reces sed plane change of a minimum ranging from 1’ to 3’ from the remainder of the front elevation or be side loaded.

Ordinance No. 2023-05
Exhibit "C"

352
Item11.

CAO: 1/5/2022 Page 1 of 29
EXEMPT FROM FEES pursuant to
Gov’t Code §§ 6103, 27383, and 27388.1
(filing requested/executed by municipality)

RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO:

CITY CLERK

CITY OF ESCONDIDO
201 N. BROADWAY
ESCONDIDO, CA 92025

THIS SPACE FOR RECORDER'S USE ONLY
APNs: [240-011-01-00, -240-011-12-00, 240-011-13-00, 240-020-23-00, 240-020-32-00, 240-020-33-00, a portion of 240-020-21-00 and a portion of 240-020-27-00.]

DEVELOPMENT AGREEMENT
for __Northeast Gateway Project 64____
between
City of Escondido
and
Meridian Communities, LLC
___February _________, 2023
EXHIBIT “D”
Ordinance No. 2023-05
Exhibit "D"

353
Item11.

CAO: 1/5/2022 Page 2 of 29

DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the City of Escondido , a California municipal corporation (“City”), and [Meridian Communities, LLC, A Delaware Limited Liability Company ] (“Owner”). (The City and Owner each may be referred to herein as a “Party” and collectively as the “Parties.”)

RECITALS
WHEREAS, Government Code sections 65864 through 65869.5 and Article 58 of the City's Zoning Code authorize the City to enter into binding development agreements with persons or entities having legal or equitable interests in real property for the purpose of establishing certainty in the development process for both the City and the property owner, and to enable specific terms regarding property development, to be negotiated and agreed upon; and WHEREAS, this Agreement concerns the [Northeast Gateway Project 64 ] Project, a proposed Tentative Subdivision Map for a 64-lot single -family residential development , and further related improvements and components described in the Entitlements and this Agreement (“Project”); and
WHEREAS, the Project is located on that certain real property totaling approximately acres located in the County of San Diego, State of California, constituting a portion of Planning Area 2 (PA2) of Specific Planning Area #5 (the Northeast Gateway Specific Plan) identified in the Escondido General Plan, having assessor’s parcel numbers (APNs) [240-011-01-00, -240-011-12- 00, 240-011-13-00, 240-020-23-00, 240-020-32-00, 240-020-33-00, a portion of 240 -020-21-00 and a portion of 240-020-27-00], and as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (“Property”); and WHEREAS, Owner is the fee simple owner of the Property; and Ordinance No. 2023-05
Exhibit "D"

354
Item11.

CAO: 1/5/2022 Page 3 of 29
WHEREAS, the purposes of the Agreement are to eliminate uncertainty in the planning and development for the Project by assuring Owner that it may develop the Property in accordance with existing laws, subject to the terms and conditions contained in th is Agreement; assure the orderly installation of necessary improvements and the provision for public services appropriate for the development of the Project; and enable the City to obta in substantial public benefits by virtue of this Agreement.

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

ARTICLE I
Definitions

1. “Annual Review” shall mean the Owner’s demonstration of compliance with the terms of this Agreement provided to the City at least once every 12 months throughout the duration of the Term, as further described in Article V of this Agreement.

2. “Development Fees” shall mean any development-related fees as provided in the City’s Fee Guide and referred to as development fees.

3. “Effective Date” shall mean the effective date of this Agreement, which shall be the later of (i) the da te that is 30 days after the City Council’s adoption of an ordinance approving this Agreement; or (ii) the date that Owner becomes the owner of the Property in fee simple.

4. “Entitlements” shall mean all approvals and permits necessary or incidental to the development of the Project or any portion thereof, whether discretionary or ministerial, including but not limited to specific plans and amendments; tentative or final tract map approvals, whether standard or vesting; project plans; grading permits; building permits; demolition permits; specific Ordinance No. 2023-05
Exhibit "D"

355
Item11.

CAO: 1/5/2022 Page 4 of 29
alignment plans; planned development permits; staff design review, and th is Agreement, and includes all conditions of approval for all Entitlements.

5. “Exaction” shall mean any fee, tax, requirement, condition, dedication, restriction, or limitation imposed by the City upon the development of the Property at any time in accordance with the Existing Laws.

6. “Existing Laws” shall mean the ordinances, resolutions, codes, rules, regulations, general plan, stormwater regulations, and official policies of the City governing the develop ment of the Property in effect on the Effective Date, including but not limited to the permitted uses of the Property; the density or intensity of use; the design, improvement, and construction standards and specifications for the Project, including the maximum height and size of proposed buildings; and the provisions for reservation and dedication of land for public purposes.

7. “Fee Guide” shall mean the Escondido Fee Guide for Developments , attached hereto as Exhibit C.

8. “Future Exaction” shall mean any Exaction imposed after the Effective Date, whether by ordinance, initiative, resolution, rule, regulation, policy, order, or otherwise.

9. “Future Laws ” shall mean all ordinances, resolutions, codes, rules, regulations, and official policies implemented by the City after the Effective Date, whether by ordinance, initiative, resolution, rule, regulatio n, policy, order , or otherw ise. Future Laws includes changes to the Existing Laws.

10. “General Fees” shall mean all general development fees that the City may levy pursuant to the Mitigation Fee Act, Government Code section 66000 et seq., including but not limited to application fees, processing fees, utility connection fees, inspection fees, capital facilities fees, Ordinance No. 2023-05
Exhibit "D"

356
Item11.

CAO: 1/5/2022 Page 5 of 29
development impact fees, traffic impact fees, park fees , and such other similar fees as may be enacted from time to time and generally applied throughout the City, excluding Development Fees.

11. “Minor Modifications” shall mean minor modifications regarding the performance of this Agreement that are consistent with the Entitlements and have minimal impacts to the City's operations in terms of timing, performance, or value.

12. “Operating Memorand um” shall mean an addendum to this Agreement to document changes or adjustments in the performance of this Agreement , as further described in Article III, Section7.

13. “Public Benefits” shall mean the consideration given by Owner to the City in return for the City’s performance of all applicable terms and conditions of this Agreement, as further described in Exhibit B, attached hereto and incorporated herein by this reference.

14. “State or Federal Law ” shall mean any state or federal law enacted after the Effective Date of this Agreement.

ARTICLE II
General Provisions

1. Term of Agreement. The term of this Agreement shall commence on the Effective Date and shall continue for 10 years (“Term”). After the expiration of the Term, this Agreement shall be deemed terminated and of no further force or effect. Owner shall have 3 0 days from the Effective Date to sign this Agreement or th is Agreement shall automatically terminate. This Agreement shall terminate with respect to any lot when a certificate of occupancy has been issued for all buildings on the lot, and such lot shall be released and no longer subject to the Agreement without requiring the execution or recordation of any further document. In the event of litigation challenging this Agreement or the Project, the Term is automatically extended for the duration of Ordinance No. 2023-05
Exhibit "D"

357
Item11.

CAO: 1/5/2022 Page 6 of 29
such litigation and resumes upon final disposition of such challenge and any appeal thereof upholding the validity of this Agreement or the Project. In the event that a referendum petition concerning this Agreement or Project is duly filed in such a manner that the ordinance approving this Agreement or the Project is suspended, then the Term is deemed to commence upon City Council’s certification of the results of the r eferendum election affirming this Agreement or the Project.

2. Assignment. The rights and obligations of Owner under this Agreement may be assigned by Owner, in whole or in part , to any party acquiring an interest in the Property, after receiving written approval from the City Manager, which shall not be unreasonably withheld, conditioned, or delayed (“Assignment”). Owner shall provide 30 days’ advance written notice to the City of any requested Assignment, and the City shall respond or execute any written consent requested by Owner within said 30-day period.

Any Assignment must be in writing and expressly provide that (1) the Assignment shall be subject to this Agreement, and (2) the assignee assumes all of Owner's rights and obligations with respect to the Property, or portion thereof, assigned. The City shall have the right to ensure that the proposed assignee has the financial capabili ty to complete and fulfill any outstanding requirements relating to the Public Benefits. Owner and the assignee shall execute an Assignment and Assumption of Development Agreement, which shall be in a form approved by the City Attorney and which shall be recorded against the Property in the Official Records of San Diego County.

During the Term, any a ssignee shall have all ri ghts, benefits, and obliga tions of Owner under this Agreement with respect to the portion of the Property assigned. Following an Ordinance No. 2023-05
Exhibit "D"

358
Item11.

CAO: 1/5/2022 Page 7 of 29
Assignment, Owner shall be released from its obligations with respect to the assigned Property unless otherwise agreed to in writing.

3. Amendment of Agreement. This Agreement may be amended, or canceled in whole or in part, by mutual written consent of the Parties in accordance with Article 58, Chapter 33 of the Escondido Municipal Code; Government Code sections 65867 – 65868.5, and any other applicable law. Any amendment to this Agreement must be recorded in the Official Records of San Diego County. Minor Modifications in the manner of performance, including but not limited to changes that relate to the form or timing of payment of Public Benefits or the design of the Project , shall not constitute an a mendment to this Agreement and may be accomplished through an Operating Memorandum.

4. Enforcement. Unless amended or terminated as provided he rein, th is Agreement is enforceable by either Party or its successors and assigns, notwithstanding any Future Laws that alter or amend the Existing Laws.

5. Indemnification, Hold Harmless, Duty to Defend.
a. Owner (including Owner’s agents, employees, contractors, and subcontractors, if any) shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City , its Councilmembers, Planning Commissioners, boards, commissions, department s, officials, officers, agents, employees, and volunteers (collectively, “ Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any k ind), suits, fines, penalties, judgments, orders, liens, levies, costs, expenses, liabilities, losses, damages, or injuries, at law or in equity, including without limitation the payment of all consequential damages and attorney’s fees and other related li tigation costs and expenses (collectively, “ Claims”), of every nature caused by, Ordinance No. 2023-05
Exhibit "D"

359
Item11.

CAO: 1/5/2022 Page 8 of 29
arising out of, or in connection with (i) any business, work, conduct, act, omission, or negligence of the Owner (including the Owner’s contractors, subcontractors, licensees, sublessees, invitees, agents, consultants, employees, or volunteers), or such activity of any other person that is permitted by the Owner, occurring in, on, about, or adjacent to the Property; (ii) any use of the Pr operty, or any accident, injury, death, or damage to any person or property occurring in, on, or about the Property; or (iii) any default in the performance of any obligation of the Owner to be performed pursuant to any condition of approval for the Projec t or agreement related to the Project, or any such claim, action, or proceeding brought thereon. Provided, however, that the Owner shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Owner, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).
b. The Owner further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental dete rminations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Entitlements, including this Agreement. Such indemnification shall include Ordinance No. 2023-05
Exhibit "D"

360
Item11.

CAO: 1/5/2022 Page 9 of 29
the Owner’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).
c. Upon the filing of a Claim, the City, in its sole discretion and upon providing notice to the Owner, may require the Owner to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Owner in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Owner shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, which shall be subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Owner may provide documentation or information for the City to consider in making its determinations. Nothing within this subsection shall be construed as to relieve the Owner’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.

6. Notices. All notices or communication between the Parties pursuant to this Agreement shall be in writing and shall be given by personal delivery, overnight delivery service, or certified Ordinance No. 2023-05
Exhibit "D"

361
Item11.

CAO: 1/5/2022 Page 10 of 29
or registered mail to the addresses set forth below. The addresses may be changed by giving 10 days’ written notice.

If to the City
City of Escondido
Attn: Andrew Firestine, Director of Development Services 201 N. Broadway
Escondido, CA 92025
with a copy to:

City of Escondido
Attn: Office of the City Attorney
201 N. Broadway
Escondido, CA 92025
If to Owner
Meridian Communities, LLC
Attn: Guy Asaro
9988 Hibert Street, Suite 210
San Diego, CA 92131
with a copy to:
[__________________________
___________________________
___________________________
___________________________]

7. Conflict with State or Federal Laws. If any State or Federal Law prevents or precludes compliance with any provision of this Agreement or requires changes to any Entitlements, such State or Federal Law shall be controlling and the Parties shall make a good faith, reasonable attempt to modify this Agreement to comply both with the intent of the Agreement and with the State or Federal Law.

The City shall cooperate with Owner in securing any permits, including permits from other public agencies, that may be required as a result of any modifications, suspensions, or alternate Ordinance No. 2023-05
Exhibit "D"

362
Item11.

CAO: 1/5/2022 Page 11 of 29
courses of action necessary for compliance with any State or Federal Law. In the event of a change in State or Federal Law, the City a nd Owner shall meet and confer in good faith to identify a remedy. The remedy chosen shall be of the minimum scope, effect and duration necessary to accommodate the changed State of Federal law, and shall apply only to the Property and Project.

ARTICLE III
Development of the Property

1. Applicable Rules, Regulations, and Policies . Owner shall have the vested right, to the fullest extent allowed by law, to develop the Property in accordance with the Entitlements, Existing Laws, and this Agreement. During the Term, the Entitlements, Existing Laws, and this Agreement shall control the overall design, development, and construction of the Project. Notwithstanding the foregoing, nothing in this Agreement shall preclude the City from applying changes occurring from time to time in the uniform codes published in Title 24 of the California Code of Regulations and adopted by the City , including local amendments , in effect when the building permits are issued.

2. Future Laws. Future Laws shall not apply to the Project except as expressly provided in this Agreement. Future Laws shall apply to the Project if they are not in conflict with the Existing Laws. However, Owner may give the City written notice of its election to have any conflicting Future Law applied to the Project, in which case such Future Law will be considered an Existing Law for purposes of this Agreement.

3. Future Discretionary Reviews. Except as set forth in this Agreement, the City shall retain its discretionary rights in reviewing applications for Entitlements. Owner ’s applications for Entitlements, and the City’s review thereof, must comply with Existing Laws and with the terms Ordinance No. 2023-05
Exhibit "D"

363
Item11.

CAO: 1/5/2022 Page 12 of 29
and conditions of this Agreement. The City shall not impose any conditions upon Entitlements that are more restrictive than or inconsistent with the terms of this Agreement or Existing Laws, except as required by state or federal law. The City may conduct an environmental review for any Entitlements in accordance wi th the California Environmental Quality Act, Californi a Public Resources Code section 21000 et seq. (“CEQA”) and the State CEQA Guidelines, Title 14 of the California Code of Regulations, s ection 15000 et seq. , or other Existing Laws . The City may impose, if required by CEQA, additional mitigation measures to mitigate significant adverse environmental effects that were not previously considered, or were found to be infeasible, to mitigate at the time of approval of this Agreement. Nothing herein is intended to require or authorize additional CEQA environmental review or mitigation measures beyond that othe rwise required by CEQA.

4. Permitted Uses and Density. This Agreement shall vest the right to develop the Property to the fullest extent allowed by law with respect to the permitted uses of land, density and intensity of uses, and timing and phasing of development as described in the Entitlements, which are hereby incorporated as if fully set forth in this Agreement . The permitted uses, density, and intensity of use of the Project set forth in PL22-0145, PL22-0146, PL22-0417 and PL23-0032, the maximum height and size of proposed buildings and provisions for reservation or dedication of land for public purposes, shall substantially conform to those specified in the Entitlement s, Existing Laws, and this Agreement.

5. Time for Construction and Completion of the Project. Any phasing of development of the Property shall occur in conformance with the adopted Entitlements.

6. Moratorium. No City-imposed moratorium or other limitation (whether relating to the rate, timing, or sequencing of the development or construction of all or any part of the Property, Ordinance No. 2023-05
Exhibit "D"

364
Item11.

CAO: 1/5/2022 Page 13 of 29
whether imposed by o rdinance, initiative, resolution, policy, order , or otherwise, and whether enacted by the City Council, an agency of the City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative, or final), building per mits, occupancy certificates, or other entitlements to use or service (including, without limitation, water and sewer) approved, issued, or granted within the City, or portions of the City, shall apply to the Property to the extent such moratorium or other limitation is in conflict with this Agreement; provided, however, the provisions of this Section shall not affect the City's compliance with moratoria or other limitations mandated by other governmental agencies or court -imposed moratoria . Any development moratorium, City of otherwise, that affect the Project automatically extends the term of the Agreement.

7. Operating Memorand um. The Parties acknowl edge that the provisions of this Agreement require cooperation between the City and Owner, and that the refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details of performance of the Parties. The Parties desire, therefore, to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. If and when, from time to time during the Term, the Parties find that such changes or adjustments are necessary or appropriate, they may effectuate such changes or adjustments through an Operating Memorandum approved by the Parties, which, after execution, shall be attached hereto as an addendum and become a part hereof, and may be further changed and amended from time to time as necessary with further approval by the City and Owner. No such Operating Memorandum shall require prior notice or hearing, or constitute an amendment to this Agreement; and in the case of the City, such Operating Memorandum may be acted upon by the City Manager or the City Manager’s designee.

Failure of the Parties to enter i nto any such Operating Memorandum shall not affect or abrogate Ordinance No. 2023-05
Exhibit "D"

365
Item11.

CAO: 1/5/2022 Page 14 of 29
any of the rights, duties , or obligations of the Parties or the provisions of this Agreement. An Operating Memorandum shall be recorded as an addendum to this Agreement.

8. Term of Maps and Other Project Approvals. Pursuant to California Government Code section 66452.6(a), the term of each subdivision map that is processed on all or any portion of the Property and the term of each of the Entitlements shall be extended for a period of ti me through the Term of this Agreement. Should this Agreement be terminated prior to the expiration of the Term, the Owner shall have 30 days to submit an application for the extension of the t erm applicable to any portion of an approved tentative map , pursuant to Chapter 32 of the Escondido Municipal Code.

9. Infrastructure Capacity. Subject to Owner’s proportionate contribution to infrastructure and the Public Benefits provided by Owner, in accordance with the requirements of the Entitlements, the City hereby acknowledges it will have sufficient capacity in its infrastructure services and utility systems, including, without limitation, traffic circulation, flood control, sanitation service , and, except for reasons beyond the City’s control, sewer collecti on; sewer treatment; and water supply, treatment, distribution, and service, to accommodate the Project. To the extent the City renders such services or provides such utilities, the City hereby agrees it will serve the Project and there shall be no restriction on connections or service for the Project except for reasons beyond the City’s control.

10. Easements. Easements dedicated for pedestrian use shall be permitted to include easements for underground improvements, including but not limited to drainage, water, sewer, gas, electricity, telephone, cable, and other utilities and facilities so long as they do not unreasonably interfere with pedestrian use.

Ordinance No. 2023-05
Exhibit "D"

366
Item11.

CAO: 1/5/2022 Page 15 of 29

11. Public Improvements. Owner agrees to construct any public improvements as required and described in any conditions of approval for the Entitlements or in this Agreement (“ Public Improvements”). Owner shall construct the Public Improvements within any applicable timeframes set forth in the conditions of approval for the Entitlements or this Agreement.

12. Fees. Owner shall pay the General Fees in the amounts in effect at the time Owner submits payment of such fees unless otherwise explicitly provided in this Agreement. Development Impact Fees shall remain at the amount in effect at the Effective Date of this Agreement for a period of five years. After the expiration of five years after the Effective Date, Developm ent Impact Fees shall be paid in the amounts in effect at the time Owner submits payment of such fees. The payment of Development Impact Fees and General Fees may be deferred in accordance w ith City requirements and memorialized in a writing separate from this Agreement.

13. Funding Mechanism for Public Services . Owner shall establis h a lawful, proportional funding mechanism to offset the impacts to additional ongoing public services required for the Project. To fund such public services, Owner may voluntarily initiate and consummate proceedings to participate in a community facilities, assessment, or service district organized and adopted by the City in accordance with local, state, or federal law, or alternatively, Owner may establish another lawful funding mechanism reasonably acceptable to the City.

14. Density Transfer. The City has 167 units of potential density within the Specific Plan Area from ownership of two parcels totaling approximately 148 acres. The General Plan and Specific Plan have established that the density derived from the acreage held by the City may be transferred to other parcels within the Specific Plan Area, at the discretion of the City Council and in return for public benefit. Consistent with the General Plan and Specific Plan, the City will transfer 20 units of density to Owner for Public Benef it outlined in this Agreement. This density Ordinance No. 2023-05
Exhibit "D"

367
Item11.

CAO: 1/5/2022 Page 16 of 29
transfer will not cause the total density within the Specific Plan Area to exceed the total allowable density under the Specific Plan Area or General Plan. Owner shall be entitled to use this transferred density to develop the Project consistent with the Entitlements, Future Entitlements and this Agreement.

15. Payment of Transfer Fee: Owner to pay per unit fee of $77,400 per transferred unit, for a total of 20 Units. Total payment of $1,548,000 to the City of Escondido to be made prior to Final Map recordation.

ARTICLE IV
Provision of Public Benefits

1. Description of Public Benefits. Owner shall provide the City with the Public Benefits, as further describe d in Exhibi t B, a s consideratio n for the C ity 's g ood fait h performance o f a ll applicable terms and conditions in this Agreement.

2. Occupancy Contingent on Public Improvements and Benefits . Owner acknowledges that the City shall not grant a certificate of occupancy for the first residential or commercial unit on the Property prior to construction. Owner shall construct the Public Improvements within any applicable timeframes set forth in the condit ions of approva l fo r the entitlements of all Public Improvements a nd construction a nd provision of all Public Bene fits. This contingency for occupancy shall survive the terminati on of thi s Agreement. I n considerati on of the Owner constructing the Improvements, the City will transfer 20 units of density to Ow ner, as set forth in Article III, section 14 of this Agreement.

3. Recordation of Fin al Map Contingen t on Secur ity f or Public Improvements and Benefits. Prior to re cordati on of the Final Map, Owner must enter into one or more subdivision improvement agreements that will de tail Owner’s constructi on obligations for any Public Ordinance No. 2023-05
Exhibit "D"

368
Item11.

CAO: 1/5/2022 Page 17 of 29
Improvements and Public Benefits, and will require Owner to provide financial security for completion of construction, in a form or forms approved by the City Attorney.

4. Processing During Litigation . The filing of any third -party lawsuit against the City or Owner relating to this Agreement, any Entitlements, or to other development issues affecting the Property shall not delay or stop the development, processing , or construction of the Project or approval of Entitlements, unless the third party obtains a court order preventing the activity or as otherwise required by law. This provision shall not apply to any third-party lawsuit related to the demolition of any building on the Property based on a challenge to the determination of said building’s historical significance.

ARTICLE V
Annual Review

1. Owner Responsibilities. At least once every 12 months, continuing through the duration of the Term, Owner shall demonstrate good faith substantial compliance with the major provisions of this Agreement and provide, to the best extent possible, the status and timing of developm ent of the Project, including construction of Public Improvements and provision of Public Benefits, to the City for an Annual Review. If requested by the City, Owner shall provide any additional detail or information necessary to demo nstrate good faith compliance with any particular provision of this Agreement identified by the City.

2. Opportunity to B e Heard. Owner shall be permitted an opportunity to be heard orally and in writing at any noticed public hearing reg arding its performanc e under this Agreement.

Owner shall be heard before each appropriate board, agency, or commission, and the City Council, at any required public hearing concerning a review of performance under this Agreement.

Ordinance No. 2023-05
Exhibit "D"

369
Item11.

CAO: 1/5/2022 Page 18 of 29
Notwithstanding the foregoing, Owner acknowledges that the opportunity to be heard may be affected by a change in the City’s procedures as to public meetings in relation to the current ongoing COVID-19 pandemic or other future pandemic or similar event.

3. Information to B e Provided to Owner . At least 10 days prior to the City Council’s consideration and review of Owner’s performance under this Agreement, t he City shall mail to Owner a copy of any applicable staff reports and related exhibits.

4. Annual Review L etter. If in connection with the Annual Review, the City Council determines that Owner is found to be in substantial compliance with this Agreement, upon written request by Owner, the City shall issue a letter to Owner stating that, based upon information known or made known to the City Council, the City Planning Commission, and/or the City Manager, this Agreement remains in effect and Owner is in compliance (“Annual Review Letter”). Owner may record the Annual Review Letter in the Official Records of the County of San Diego.

5. Lack of Annual Review . The City’s lack of performing an Annual Review of Owner's substantial compliance with the terms and conditions of th is Agreement shall not constitute or be asserted as a default b y Owner so long as Owner is otherwise in compliance with this Article V, nor shall it constitute or be asserted as the City’s waiver of any failure of Owner to perform or otherwise comply with the terms of this Agreement.

ARTICLE VI
Delay, Default, Remedies, and Termination

1. Notice and Cure of Default . In the event of a material default of this Agreement , the Party alleging a default shall give the defaulting Party a notice of default (“Notice of Default”) in writing. The Notice of Default shall specify the period of time in which the default may be cured, which shall be at least 30 days (“Cure Period”). Any Notice of Default shall specify the nature of Ordinance No. 2023-05
Exhibit "D"

370
Item11.

CAO: 1/5/2022 Page 19 of 29
the alleged failure and, where appropriate, the manner in which such alleged failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot be reasonably cured within the Cure Period, then the commencemen t of the cure within the Cure P eriod, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure completed within the Cure Period. During the Cure Period, the Party charged shall not be considered in breach. If the default is cured within the Cure Period, then no breach shall be deemed to exist.

2. Waiver. Except as otherwise expressly provided in this Agreement, a failure or delay in asserting any rights or remedies as to any default, including the failure or delay in giving a Notice of Default, shall not operate as a waiver of any default or of any rights or remedies otherwise available to a Party or deprive a Party of the right to institute and maintain any action or proceeding that it may deem necessary to protect, assert, or enforce any rights or remedies it may have.

3. Default by Owner . The City’s Director of Development Services may recommend the review and termination of this Agreement to the City Council upon an occu rrence of a material default that is not cured within the Cure Period . The foregoing does not limit any of the City’s other remedies upon a material breach of this Agreement by the Owner.

4. Default by the City. Upon a material default by the City that is not cured within the Cure Period, Owner, without limiting any of its other remedies, shall not be obligated to complete any of its obligations under this Agreement, and any resulting delays in Owner's performance shall neither be construed as a material default by Owner nor constitute grounds for termination or cancellation of this Agreement by the City.

Ordinance No. 2023-05
Exhibit "D"

371
Item11.

CAO: 1/5/2022 Page 20 of 29

ARTICLE VII
Encumbrances and Releases on Property

1. Discretion to Encumber . This Agreement shall not preven t or limit Owner from encumbering the Property, or any portion of or improvement on the Property, by any mortgage.

The City acknowledges that lenders providing financing may require modifications to this Agreement, and the City agrees, u pon request from Owner, to meet with Owner and/or representatives of lenders to negotiate in good faith any l ender request for modification to this Agreement, provided that any modification will not affect the timely completion or fulfillment of any requirements in the Entitlements or this Agreement relating to the Public Benefits.

ARTICLE VIII
Miscellaneous Provisions

1. Recitals. The Recitals set forth above are included herein by this reference as part of this Agreement and the Parties agree that said Recitals are essential facts to this Agreement.

2. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement. If any material part of the Agreement is adjudged by a court of competent jurisdiction to be invalid, void, or illegal, the Parties shall take all steps necessary to modify the Agreement to implement the original intent of the Parties in a valid and binding manner.

3. Entire Agreement. This Agreement, together with its attachments or other documents described or incorporated herein, contains the entire agreement and understanding of the Parties Ordinance No. 2023-05
Exhibit "D"

372
Item11.

CAO: 1/5/2022 Page 21 of 29
concerning the subject matter of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. The Parties acknowledge that (i) no other Party, nor the age nts nor the attorneys for any Party, has made any promise, representation, or warranty whatsoever, express or implied, not contained herein, to induce the execution of this Agreement , and (ii) this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein.

4. Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate agents of the City or Owner.

5. Recording. This Agreement shall be recorded in the Official Records of the County of San Diego within 30 days following the later of (i) the Effective Date, or (ii) the Parties’ execution of the Agreement.

6. Project as a Private Undertaking . It is specifically understood by the Parties that the Project is a private development and Owner shall have the full power and exclusive control of the Property subject to the provisions of this Agreement. Any improvements completed remain the property of the Owner unless the City has explicitly accepted any improvement or as oth erwise provided herein.

7. Headings. Section and paragraph h eadings within this Agreement are for reference purposes only and shall not be used for interpreting the meaning of any provisions of this Agreement.

8. The City’s Ongoing Statutory Authority . Except as expressly stated, nothing in this Agreement shall limit the City's authority and responsibility under the California Constitution and applicable California statutes to act in the best interests of the public health, safety, and welfare, Ordinance No. 2023-05
Exhibit "D"

373
Item11.

CAO: 1/5/2022 Page 22 of 29
and nothing in this Agreement is intended to limit in any way the legislative discretion or authority otherwise afforded the City under state or federal law.

9. Covenant of Cooperation. The Parties shall cooperate with and assist each other in the performance of the provisions of this Agreement including assistance in obtaining permits for the development of the Property that may be required from public agencies other than the City. The covenant of cooperation shall include, to the maximum extent permitted by law, that the City shall use its best efforts to prevent any ordinance, measure, moratorium , or other limitation from invalidating, prevailing over, or making impossible any provision of this Agreement, and the City shall cooperate with Owner to keep this Agreement in full force and effect. Owner reserves the right to challenge any such ordinance, measure, moratorium, or other limitation in a court of law if it becomes necessary to protect the development rights vested in the Property pursuant to this Agreement.

10. Successors and Assigns; C ovenants Run with the Land . So long as this Agreement remains in effect, the obligations and benefits provided for in this Agreement shall run with the land obligated and benefited, respectively, and shall be binding on all parties having or acquiring any right, title, or interest in the Property or Project, or any part thereof. As such, it is the intent of the Parties that this Agreement and the promises, covenants, rights, and obligations set forth herein (i) shall be and are covenants running with the Property, encumbering the Property for the term of this Agreement and binding upon Owner’s successors in title and all subsequent owners and operators of the Property; (ii) are not merely personal covenants of the Owner; and (iii) sh all bind Owner and its respective successors and assigns during the term of this Agreement. Further, Owner shall ensure that any future transfer of interest in the Property is made subject to the terms Ordinance No. 2023-05
Exhibit "D"

374
Item11.

CAO: 1/5/2022 Page 23 of 29
of this Agreement, such that any future successor in title or owner or operator of the Property or Project shall be bound by the terms herein.

11. Time of the Essence . Time is of the essence for each term and condition of this Agreement.

12. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed and enforced in accordance with the laws of the State of California. Any litigation arising out of this Agreement shall be conducted only in the state or federal courts of San Diego County, California. All statutory references are to California statutes.

13. No Waiver of Owner’s Existing Rights Under Applicable Laws. This Agreement shall not constitute a waiver of any of Owner 's existing rights under applicable laws, nor shall it limit or exp and Owner's right to challenge any General Fee , Exaction, or Future Exaction as being contrary to applicable law or in excess of the City’s legal authority.

14. Authorization. Each person executing this Agreement hereby warrants and represents that he or she has the authority to enter into this Agreement and to bind his or her respective entity to the provisions hereof.

15. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument.

16. No Third Party Beneficiaries . This Agreement and each and every provision hereof is for the exclusive benefit of the Parties hereto and not for the benefit of any third party , except as set forth herein.
(SIGNATURE PAGE FOLLOWS)
Ordinance No. 2023-05
Exhibit "D"

375
Item11.

CAO: 1/5/2022 Page 24 of 29
This Agreement is executed by the Parties or their duly authorized representatives:

CITY OF ESCONDIDO,
a California municipal corporation
By: _____________________________
Dane White
Its: Mayor
Meridian Communities, LLC
a [A Delaware Limited Liability Company]
By: _____________________________
Name: _____________________________
Its: _____________________________
(Above Signatures Must Be Notarized; Acknowledgment Pages Follow) APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
Michael R. McGuinness, City Attorney
By: ____________________________________
M. Dare DeLano, Senior Deputy City Attorney
Ordinance No. 2023-05
Exhibit "D"

376
Item11.

CAO: 1/5/2022 Page 25 of 29

ACKNOWLEDGMENT
STATE OF CALIFORNIA ]
COUNTY OF ______________________ ]
On ___________________________________, before me,
_______________________________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal) City
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Ordinance No. 2023-05
Exhibit "D"

377
Item11.

CAO: 1/5/2022 Page 26 of 29

ACKNOWLEDGMENT
STATE OF CALIFORNIA ]
COUNTY OF ______________________ ]
On ___________________________________, before me,
_______________________________________________, a Notary Public, personally appeared _______________________________________________, who prov ed to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signa ture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal) Owner
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Ordinance No. 2023-05
Exhibit "D"

378
Item11.

CAO: 1/5/2022 Page 27 of 29

EXHIBIT A
Legal Description of Property
That certain real property in the County of San Diego, State of California, described as follows:

Ordinance No. 2023-05
Exhibit "D"

379
Item11.

CAO: 1/5/2022 Page 28 of 29

EXHIBIT B
Public Benefits
I. PUBLIC BENEFITS AND IMPROVEMENTS
A. PUBLIC ART. Owner reserves the right to implement, construct, or install public art in lieu of paying the fee required for the Project associated with public art, defined as “art in public places” in Escondido Municipal Code section 33 -731 (“ Public Art ”). Any Public Art proposed to be implemented, constructed, or installed shall be subject to the review and approval of the Director of Development Services, which shall occur prior to the issuance of th e first building permit for the Project. If any proposed Public Art is not approved by the Director of Development Services, or a request for such Public Art is not submitted by Owner, at the time the City is otherwise prepared to issue the first building permit for the Project, then the otherwise applicable public art fee shall be paid prior to the issuance of the first building permit for the Project. The cost involved with the implementation, construction, or installation of any Public Art shall be comparable to that which would otherwise have been assessed as the public art fee for the Project.

B. OPEN SPACE PRESERVATION. Preserving approximately 10.95 acres of open space, together with related plant and animal habitat and steeper hillsides.

C. STREET “E”. Installation of full Street “E” improvements from Lake Wohlford Road on the north to Bevin Drive on the south, as identified in the Northeast Gateway Specific Plan.

D. DRAINAGE IMPROVEMENTS. Providing for drainage improvements that benefit Planning Area 2 (PA2).

E. FISCAL BENEFIT. Payment of $1,548,000 to the City for the transfer of 20 units of density from the City’s Northeast Gateway allocation.

Ordinance No. 2023-05
Exhibit "D"

380
Item11.

CAO: 1/5/2022 Page 29 of 29

EXHIBIT C
Fee Guide for Development Projects is available at the following link:
https://www.escondido.org/Data/Sites/1/media/Building-
Division/2022FeeGuideUpdateSeptember2022.pdf
Ordinance No. 2023-05
Exhibit "D"

381
Item11.

EXHIBIT “E”

FACTORS TO BE CONSIDERED / FINDINGS OF FACT
Ordinance No. 2023-05
PLANNING CASE NUMBERS: PL22-0145, PL22-0146, PL22-0147 and PL23-0032 Specific Plan Amendment Determinations:

1. The public health, safety and welfare would not be adversely affected by the proposed amendment to the Northeast Gateway Specific Plan because the amendment would facilitate safe and efficient traffic circulation through the proposed project with appropriate traffic calming measures incorporated, along with design f eatures to avoid impacts to cultural resources. The proposed amendment also would allow for flexibility in setbacks along the internal Street “E” consistent with typical single-family (R-1 zone) development and would refine architectural development standards in a manner that would allow future construction of homes to support the varied residential housing types and needs of the City and overall San Diego region.

2. The proposed amendment to the Northeast Gateway Specific Plan would not be detrimental to surrounding properties because it would assist in the implementation of the vision and goals identified in the Specific Plan.

3. The proposed amendment to the Northeast Gateway Specific Plan would be consistent with the General Plan because it would not increase residential densities allowed by the General Plan and would not detrimentally impact levels of services on area roadways. Further, the amendment would retain the General Plan vision for Specific Plan Area #5 that promotes quality development; provides for orderly development of the SPA in relation to the existing community; and to provide for residential housing opportunities while preserving the natural features of the Specific Plan Area.

4. A specific plan is a to ol for the systematic implementati on of the General Plan. It effectively establishes a link between implementing policies of the General Plan and the individual Project proposal. A General Plan consistency analysis has been provided, attached to the January 24, 2023 Planning Commission and February 15, 2023 staff report s, which is incorporated herein by this reference as though fully set forth herein.

5. Specific plan amendments must comply with the scope and authority of section 65450 to 65457 of the California Government Code. The Plann ing Commission find the proposed Specific Plan Amendment has been completed in compliance with the law.

Development Agreement Determinations:

1. The proposed Development Agreement is consistent with the goals, policies, general land uses and programs specified in the General Plan because the approved residential development is consistent with the requirements of the Northeast Gateway Specific Plan (Planning Area 2) land-use designations which allows single-family residential development on the site.

Ordinance No. 2023-05
Exhibit "E"

382
Item11.

2. The General Plan land-use designation for the subject site is Specific Plan. The subject parcels are located within Planning Area 2 of the Northeast Gateway Specific Plan that allow a base density of up to 44 units/lots. The Specific Plan allows for the t ransfer and purchase of additional unit/lots through the Development Agreement process. The project is consistent with the adopted General Plan and Specific Plan that anticipates single-family residential development on the project site.

Proposed lot sizes range from approximately 7,000 square feet to 14,000+ square feet, which would be consistent with the development requirements for Planning Area 2.

3. The proposed Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the land-use district in which the real property is located, along with all other provisions of the Zoning Code, because the project meets all requirements of the General Plan , Zoning Code and Northeast Gateway Specific Plan, as stated above.

4. The proposed Development Agreement is in conformity with public convenience, general welfare, and good land use practices. The design of the residential map and the type of improvements would not degrade the levels of service on the adjoining streets o r drainage systems, with the implementation of the recommended Conditions of Approval. City water and sewer are existing and available to the site, and existing service to surrounding properties would not be adversely impacted.

The project would not create any adverse noise impacts to adjacent properties due to the residential nature of the project and limited traffic generated by the project. The project would be in conformance with the General Plan and Northeast Gateway Specific Plan as noted in the sections above.

5. The proposed Development Agreement would not adversely affect the orderly development of property or the preservation of property values because the proposed project would not disrupt or divide the physical arrangement of the area . The project site is zoned for residential uses and is adjacent to similar single-family residential uses. The project density, yield, and lot sizes would be consistent with the underlying Specific Plan land -use designation , and consistent with adjacent residential development and lot sizes. Access would be provided by the extension of internal Street “E” consistent with the intent of the Specific Plan . Development of the project and proposed improvements would not adversely alter or impact the existing circulation pattern throughout the surrounding neighborhood, nor preclude the development of surrounding parcels. Adequate public facilities are available and water service can be provided to the project with nominal extension of nearby existing facilities.

6. Public benefits would be provided with development including the completion of internal Street ”E,” and payment for the transfer of units from the City into the project.

7. The proposed Development Agreement is consistent with the provisions of Government Code Sections 65864 et seq.

Ordinance No. 2023-05
Exhibit "E"

383
Item11.

STAFF REPORT
February 15, 2023
File Number 0110-20

SUBJECT
CITY OF ESCONDIDO’S RESPONSE TO THE IMPACTS OF HOMELESSNESS

DEPARTMENTS
City Manager’s Office; Police Department; Development Services, Housing and Neighborhood Services Division

RECOMMENDATION
Staff Recommendation: Receive and File ; Provide Feedback and Direction (City Manager Office:

Christopher McKinney; Police: Chief Ed Varso)
Presenter: Christopher McKinney, Deputy City Manager and Ed Varso, Chief of Police

FISCAL ANALYSIS
The City of Escondido (“City”) spent approximately $2.05 million of General Funds in the last year to address the impacts of homelessness. The work is accomplished predominantly by three City Departments: the Development Services Department (Housing and Neighborhood Services Division); the Police Department; and the Public Works Department.

Expenses in the Housing and Neighborhood Services Division include staff time to apply for grant funding, to manage distribution of such grant funding, to provide documentation to grantors about the distribution of funds, and to interact with service providers to insure proper use of City and grant funding. Total staff expenditures on activities related to homelessness for this Division were approximately $60,000, all of which was funded through County and Federal grants.

The Escondido Police Department (EPD) budget has b oth direct and indirect impacts. Indirect impacts include supply, equipment, and training expenses necessary to professionally respond to homeless related matters. Additionally, there is a direct cost of approximately $1.4 million to fund the EPD Community Oriented Policing and Problem Solving (COPPS) Unit. EPD recently modified data collection practices which allow for more detailed fiscal analysis of the homelessness response in the future.

Expenses in the Public Works Department totaled approximately $6 43,000. As described in the Background section, Public Works expended funding on debris cleanup (~$454,000); property safekeeping (~$5,000); damage r epair (~$111,000); implementing measures for Crime P revention through Environmental Design (CPTED) (~$65,000); and inter-agency outreach (~$8,000). 384
Item12.

BACKGROUND

HOUSING AND NEIGHBORHOOD SERVICES DIVISION, DEVELOPMENT SERVICES DEPARTMENT City Participation in the Annual Point-In-Time Count of the Homeless Population The Point-in-Time (PIT) Count is a count of those people in Escondido who are unsheltered and those in temporary shelter. Temporary shelter includes emergency shelter, transitional housing , domestic violence programs, and safe havens. The PIT Count is conducted in communities across the United States during the last week in January, under the assumption that the greatest number of people will be in shelter at this time of day and time of year. The PIT Count is required by the Federal Department of Housing and Urban Development (HUD), and helps policymakers and services program administrators i dentify the scope of homelessness and track progress towards reducing it. The data gathered during the PIT Count can inform the public while also reflecting local, regional, and national trends in homelessness. PIT Count data allow for creation of new policies, more efficient distribution of resources, and development of new resources.

The most recent PIT Count was conducted on the morning of Thursday, January 26, 2023. Data from that Count has not yet been released. The 2022 Point -in-Time Count for Escondido, for which data was released on May 19, 2022, counted 499 individuals experiencing homelessness.

Management of City Contracts with Homeless Services Providers The City applies for and receives grant funding from the Federal Department of Housing and Urban Development (HUD) and the County of San Diego to fund services for those experiencing homelessness, to fund programs to find suitable temporary and long-term housing, and to provide assistance to those at-risk of becoming homeless. These funds are awarded via contracts with the City to multiple homelessness services providers, with oversight on the expenditures of funds by the City, County, and Federal governments.

Funding to address the impacts of homelessness generally falls into four categories: Prevention, Outreach, Emergency Shelter, and Permanent Housing. The table in the following page provides a general description of City contracts in effect or anticipated in Fiscal Year 2023. 385
Item12.

CITY OF ESCONDIDO CONTRACTS FOR PROVISION OF HOMELESS SERVICES - 2023 Resource
Category
Contractor Description Amount Funding
Source
End date
1 Prevention Escondido
Education

COMPACT
Provide financial literacy, case
management, rental and utility assistance
to 100 families with children who are at-
risk of homelessness in the City.
$143,490 ESG
(Annual)

10/31/2023
2 Prevention Interfaith
Community
Services
Provide rental and utility assistance to 122
low-income households who are at-risk of
experiencing homelessness.
$1,513,037 ESG-CV
(0ne-time)

9/30/2023
3 Outreach Interfaith
Community
Services
Provide two full-time, street outreach
workers to help individuals living on the
street with resources and housing options.
$249,995 ESG-CV
(0ne-time)
9/30/2023
4 Outreach Interfaith
Community
Services
Provide one behavioral health clinician to
work with people with complex cases
living on the streets in Escondido.

$78,335 ESG-CV
(0ne-time)
9/30/2023
5 Emergency
Shelter
Alliance for
Regional
Solutions
Provides financial support to Interfaith
Community Services to operate Haven
House that is a 49-bed emergency shelter
in Escondido.
$400,000 ESG-CV
(0ne-time)
Complete
6 Emergency
Shelter
Interfaith
Community
Services
Helps vulnerable individuals and families
access non-congregate, short-term shelter
through the use of motel vouchers.

$805,992 ESG-CV
(0ne-time)
9/30/2023
7 Housing Interfaith
Community
Services
Individuals and families experiencing
homelessness in Escondido are referred
through the Coordinated Entry System to
receive short-term rental assistance.
$785,155 ESG-CV
(0ne-time)
9/30/2023
8 Housing National
CORE
Construct 49 units for Seniors 62+ and of
which 25 units will be reserved for
individuals who are at-risk of
homelessness with mental illness.
$4,000,000 Successor
Housing
Agency
(One-time)
Fall 2023
9 Housing TBD Build permanent housing, specifically
geared to help individuals who are
homeless.
$2,260,000 HOME-ARP
(One-time)

TBD
386
Item12.

POLICE DEPARTMENT – COMMUNITY ORIENTED POLICING AND PROBLEM SOLVING (COPPS) UNIT The EPD responds daily to calls for service related to homeless individuals in our community. While it is not the role of the police to criminalize homelessness, it is the EPD's responsibility to fairly enforce the law to ensure public safety and prevent disorder in Escondido. This effort is led primarily through the Community Oriented Policing and Problem Solving (COPPS) Unit and the EPD Patrol Division.

1. COPPS Unit – The mission of the Escondido Police Department’s COPPS Unit is to support Patrol operations, and the larger Esc ondido community, by focusing our problem -solving efforts on areas experiencing persistent crime and disorder. The COPPS Unit takes a data -driven approach based on calls for service, observations of law enforcement and City staff, and concerns from the community to identify the areas with persistent crime and disorder. Once a location is identified, the COPPS Unit opens a formal “COPPS Project.” The project location could be a specific address, a shopping center, or even an area comprised of several city bl ocks. COPPS Officers then meet with area residents and businesses to learn detailed information about the challenges. A plan is put into place that addresses the issues from multiple approaches. The multiple approach plan usually includes: support services for those experiencing homelessness, addiction, and mental health needs; crime prevention strategies for residents and businesses; and special enforcement details with a zero -tolerance approach to criminal violations. When the Police Department and the co mmunity partner on a COPPS Project the results are impactful. For example, a COPPS Project at our local Motel Six resulted in an over 76% reduction in police calls for service in less than one year.

1. Intervention List - The COPPS Unit, in partnership with th e San Diego Psychiatric Emergency Response Team (PERT), identified a need for an intensive approach to those homeless individuals who pose the greatest risk of harming thems elves or harming others. An Intervention List was created , whereby a COPPS Unit pol ice officer and our assigned PERT Clinician work in partnership to offer a case management-like approach to those at greatest risk. The first goal is to help those on the list to quickly enter treatment for addiction and/or mental health issues. If those e fforts fail and the person is posing a threat to public safety then applicable laws are enforced. In the first year, 26 individuals were helped through this approach; 12 of those 26 individuals remain in treatment or are incarcerated and no longer posing a threat to themselves or our community.

2. Patrol Division- The EPD Patrol Division is comprised of front -line police officers responding to emergency and non -emergency calls for service, as well as performing proactive patrols of the city and enforcing law s to protect Escondido. The Patrol Division is responding throughout each day to calls for service from members of our community who observe criminal or otherwise safety-concerning behavior from individuals experiencing homelessness. On average, our patrol officers respond to 15-20 calls for service a day on homeless-related issues. Additionally, over 13% of all crime reports involve known homeless individuals.

387
Item12.

PUBLIC WORKS
Public Works Department staff are a critical workforce in the City’s response to impacts of homelessness on the community. The efforts of Public Wor ks can be placed into five general categories: (1) Debris Cleanup; (2) Property Safekeeping; (3) Damage Repair; (4) Implementing Measures for Crime Prevention through Environmental Design (CPTED) Measures; and (5) Inter-Agency Outreach.

1. Debris Cleanup – Public Works employees are dispatched daily around areas of the City known to be impacted by trash and debris as a result of homelessness. These employees also respond to calls for support from the EPD when large amounts of property or debris are abandoned at encampments. In Calendar Year 2022, Public Works completed over 1,050 service requests and removed over 4,500 cubic yards of debris related to homelessness. Additionally, Public Works crews proactively patrolled over 1,500 known debris hot spots.

2. Property Safekeeping - Abandoned property is collected by the Debris Cleanup crews . Property in possession of an individual under arrest or incarceration is also collected and catalogued by Public Works staff. Abandoned property is stored at the Public Works Yard for 30 days if it is deemed of reasonable value. In 2022, Public Works stored property from 292 debris removals, while property from 146 of these was retrieved within 30 days. For those arrested or incarcerated, staff initiated in late 2022 – in conjunction with the Police Department’s COPPS Unit - the Safekeeping Property process for storage of property. Such property is stored for up to 60 days. In the last two months, Public Works employees catalogued and stored the property of 10 individuals, with 7 people retrieving personal property within the 60 -day period. Property safekeeping of property is required by California law.

3. Damage Repairs – Public Works employees are tasked with repairing damage resulting from homelessness, including: repairs t o security fencing; replacing or repairing damaged or stolen electrical equipment; retrieving shopping carts removed from retail premises; clearing clogged storm water inlets and storm channel curtain; and repairing irrigation and landscaping destruction. These instances are difficult to attribute to the effects of transiency unless they are witnessed by repair crews or reporting parties and therefore, are likely understated.

4. Implementing Measures for Crime Prevention through Environmental Design (CPTED) - Public Works Department supports the EPD’s COPPS unit making environmental changes that reduce or eliminate trespassing and other illegal activity (i.e., CPTED measures). In 2022, Public Works staff helped in the construction and implementation of several measures, including installation of concrete river rock feature, red curbs to prevent parking, non-native plant removal, and signage.

5. Interagency Outreach - Throughout 2022, Public Works staff, including the downtown Park Rangers, coordinated with the County of San Diego County Office of Homeless Solutions Outreach Workers and the California Department of Transportation (CalTrans). This coordination is beneficial to the City for a number of reasons, incl uding better outreach to the homeless 388
Item12.

population to connect them with services and better coordination of debris removal from the CalTrans rights-of-way within the City.

ONLINE DASHBOARD OF HOMELESSNESS DATA
During the City Council meeting on February 15, City staff will provide data related to the activities described in this Staff Report. This data will include updated population data, costs of City staff activity, debris and trash collection totals, and homeless services outcomes. This data will also be available to the public on an ongoing basis through an online dashboard. This dashboard will be available after the meeting and will be periodically updated with data as it is available. The dashboard will be found online via a link on the City’s website (escondido.org).
389
Item12.

STAFF REPORT

February 15, 2023
File Number 0480-70

SUBJECT

AUTHORIZATION AND ACCEPTANCE OF THE COUNTY OF SAN DIEGO'S CAPITAL EMERGENCY

SOLUTIONS GRANT AND EXECUTION OF GRANT AND REGIONAL SHELTER COLLABORATION

AGREEMENTS TO ADDRESS FAMILY HOMELESSNESS AND SUBCONTRACT WITH INTERFAITH COMMUNITY SERVICES, INC.

DEPARTMENT
Development Services; Housing and Neighborhood Services Division

RECOMMENDATION

1. Adopt Resolution No. 2023 -02 accepting $736,066.68 for the Interfaith Community Services Family Shelter Capital Project (the “Project”) and execute the Capital Emergency Housing Solutions Grant Agreement (the “Grant Agreement”) with the County of San Diego

2. Execute a Public Services Agreement (the “PSA”) with Interfaith Community Services, Inc. for the operation of a low -barrier, emergency shelter in Escondido for families experiencing homelessness

3. In support of the Project and the Grant Agreement, enter int o a Regional Shelter Collaboration Agreement with the County of San Diego and its Health and Human Services Agency (HHSA) (“the HHSA Agreement”)
Staff Recommendation: Approval (Development Services: Andrew Firestine , Director of Development Services)
Presenter: Christopher McKinney, Deputy City Manager / Director of Utilities

FISCAL ANALYSIS

Staff time and resources have been expended to apply for this grant application and additional time will be required to manage the contract for the next 24 months. There is no committed funding source to staff homelessness initiatives and to manage this project or similar projects in the FY 2022-23 budget.

PREVIOUS ACTION
This is a new agenda item and no previous action has been taken by the Escondido City Council.

390
Item13.

BACKGROUND
On May 24, 2022, the San Diego County Board of Supervisors approved a one-time, $10 million-dollar grant using the County’s general funds to support the creation of new capital emergency housing solutions for persons experiencing homelessness (“Program”). The first round of Program funding was released in June 2022 and was made available to all 18 cities in San Diego County.

The City of Escondido (“City”) elected to not apply for the first round of Program funding because the City did not have any shovel-ready homeless projects identified with site control. In addition, the City did not have any operational funding available to support the project for two years , which was a n application requirement of the Program. The City receives its homeless services funding through federal grants, such as CDBG, ESG, and ESG-CV, and the application period for the first round of funding through the Program was released after the City had allocated its federal resources to different projects in fiscal year (“ FY”) 2022-2023.

A second round of Program funding was made available in September 2022 by the County. The City was approached by Interfaith Community Services (“Interfaith), a local nonprofit, who requested help opening their new, low-barrier emergency family shelter in Escondido. Given that homelessness and affordable housing are two of the top concerns of residents living in the City, City staff elected to pursue the Project as proposed by Interfaith and seek funding for the same via the Program . A copy of the City’s Program Application is attached to this Staff Report as Attachment 1 and incorporated herein by this reference.

Additionally, the partnership with Interfaith ensured that a shovel-ready Project with ongoing operational funding could be supported through Program funds.

The need for the emergency family shelter is reflected in many of the City’s goals. In addition, the City saw a 56% increase in family homelessness in 2022 compared to the 2020 Point-in-Time data.

Additionally, the Escondido Union School District reported having over 1,600 students enrolled in the District who were experiencing homelessness and qualified for McKinney-Vento Act resources during the school year 2021-22. The need for the Project was echoed by service providers like Escondido Education COMPACT and Interfaith Community Service staff.

The City is aware there is a limited number of resources for families experiencing homelessness not only in Escondido, but also in North County . There are currently two-family shelters, Operation HOPE and Solutions for Change, which are both located in Vista, and have a limited number of beds, long waitlists and have high admission requirements for program entry. As a result of this data and community need, the City and Interfaith jointly applied for the County’s Program with the intention to use the awarded funds to open a new, low-barrier emergency family shelter in Escondido.

The City received a notice of intent to award from the County of San Diego’s Department of Homeless Solutions & Equitable Communities on November 17, 2022, for $736,066.68. The notice of intent to award is attached to this Staff Report as Attachment 2 and incorporated herein by this reference. The County 391
Item13.

awarded $10 million in grants to the cities of Carlsbad, Chula Vista, Escondido, Oceanside, San Diego, and Vista, of which over $6 million or 60% was directed to North County to add 135 new shelter resources .

The City, as a pass-through entity, will utilize the Program funds to purchase shelter furniture, add playground equipment, purchase an ADA compliant van, install secur ity cameras and pay for any outstanding design work or permit fees associated with the Project.

The new, low-barrier emergency family shelter will be owned and operated by Interfaith. The shelter will feature 10 bedrooms that can accommodate up to 10-16 families (both small and large households with six members) totaling 36 beds at a given time. The amenities at the shelter will include one commercial kitchen, seven family-friendly bathrooms with private stalls, a dining area (capacity of 40), recreational areas, computer room, children’s play area, lobby, employee offices, and outdoor playground. The program will serve at least 50 families annually and provide wraparound services aimed at moving households into permanent housing.

The Project is under construction and is set to open in April 2023 with all of the remaining renovation work completed prior to December 31, 2024. Out of the 50 households served in the next 12 months, the program plans to exit 33 families into permanent housing and help 28 families increase their income (earned or benefits) from program start to exit. All participants will have access to onsite mental health therapy, allow pets and provide transportation.

City staff also recommends that the City Council authorize execution of the Regional Shelter Collaboration Agreement between the City of Escondido and the County of San Diego in support of the Projec t. The Regional Shelter Collaboration Agreement will enable the City to receive additional r esources at the shelter, such as behavioral health continuum of care services, public health education and communicable disease screening, and one onsite specialist to enroll families in self -sufficiency benefits like CalWorks, General Relief, CalFresh, Medi-Cal, and Cash Assistance Program for Immigrants. In exchange for these additional resources, the City and Interfaith shall agree to keep the shelter open at all times (nights, weekends and holidays), provide three meals a day, security, hygiene, onsite restrooms, showers and storage for resident use. The Project shelter will install necessary fire sprinklers, HVAC and other cr itical infrastructure. Case management will be housing -focused to obtain long -term housing. All data will be tracked in the Homeless Management Information System ( “HMIS”) in accordance with Community Standards adopted by the Regional Task Force on Homelessness. Aggregate data will be shared to ensure service coordination.

With Council approval of Resolution 2023-02, and execution of related agreements as referenced herein, City staff will work with Interfaith to complete the Project in the timeline outlined in the staff report.

RESOLUTIONS
Resolution No. 2023-02
392
Item13.

Exhibit A: Capital Emergency Housing Program Grant Agreement Exhibit B: Professional Services Agreement with Interfaith Community Services, Inc.

Exhibit C: Regional Shelter Collaboration Agreement

ATTACHMENTS

1. City’s Program Application

2. Notice of Intent to Award

393
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION
The County of San Diego is accepting applications from local jurisdictions for funding to initiate the creation of new and permanent emergency shelter solutions. Funding is available for incorporated city jurisdictions only and must be used on one-time, capital projects resulting in long-term and sustainable overnight shelter solutions for persons experiencing homelessness. Ongoing operational and indirect costs will not be considered for funding through this grant program. Project models may include but are not limited to emergency shelters, safe parking lots, sleeping cabins and tiny homes, or the expansion of capacity of an existing shelter.

City jurisdictions may submit multiple projects, but each must be on a separate application and will be evaluated independently.

APPLICATION PACKAGE - This application package includes:

1. Capital Emergency Housing Solutions Grant Program Application

2. Attachment A – Project Budget Template

3. Attachment B – City Resolution to be completed upon Notice of Intent to Award

REQUIREMENTS FOR SUBMISSION
To apply for the Capital Emergency Housing Solutions Grant Program, jurisdictions must submit at a minimum the below items to [email protected] by Tuesday, 10/11/22 by 3:00 pm. Please consider limitations on email size and check to make sure your application email does not exceed your jurisdiction’s size limitations. Note that HSEC will confirm receipt of applications by 5pm on the day they are submitted . If you applied but did not receive the confirmation, contact HSEC immediately . Applications not confirmed by 5pm on 10/11/22 will not be considered for award.

1. Applicants must adhere to and answer the sections below:

1.1. Section 1: Application Cover Page and Certifications

1.2. Section 2: Project Overview (15 page maximum)

1.3. Section 3: Response to Identified Need (10 page maximum)

1.4. Section 4: Timeline

1.5. Section 5: Project Budget

1.6. Section 6: Financial Information

2. Project Budget (Attachment A), as requested in Section 5.1

3. Financial Information, as requested in Section 6.3-6.5

4. If applicable, Maintenance Agreements or Commitment Letters, as requested in Section 2.4

5. If applicable, Supporting Evidence of Site Control, as requested in Section 2.10.2 Applications must be submitted in font Times New Roman, font size 12, single-spaced, with 1-inch margins. All attachments must be clearly labeled.

EVALUATION CRITERIA – The evaluation criteria listed below are in descending order of importance.

Applications should provide clear and concise data with sufficient detail to allow for the evaluation of these criteria:

1. Project Readiness – Factors such as site control, constraints, approvals, permits, and financial readiness are important in evaluating overall project readiness.

Attachment "1"
394
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

2. Response to Identified Need – The need for the project can be demonstrated through a combination of factors, including but not limited to: Geographic Location, Point in Time Count data (https://www.rtfhsd.org/reports- data/), and Healthy Places Index data (https://www.healthyplacesindex.org). The project’s responsiveness to that need should be detailed, including the estimated number of individuals served, project goals , and anticipated outcomes.

3. Sustainability of Operations – Jurisdiction must demonstrate that the resulting emergency shelter solution can be sustained for a minimum of two (2) years. It is encouraged that any subsequent use of the resulting facility be aligned with a homelessness solution.

4. Community Readiness – Description of community engagement performed regarding project.

PRE-APPLICATION MEETING – A pre-application meeting will be held by Video/Teleconference using the Zoom platform at 3-4pm, Thursday, 9/22/22 (Zoom Info TBD ). Invite will be sent to all email contacts who received the Notice Letter and Application Materials. The County will provide an overview of the Application process and other pertinent information. Attendance at the pre-application meeting is encouraged but not mandatory.

QUESTIONS – Questions regarding this Application shall be submitted in writing to HSEC- [email protected]. Oral explanations or responses to questions will not be binding upon the County.

Questions will be answered in subsequent e-mail communication to all cities.

TIMELINE – Applications for this grant program are due by email to [email protected] by Tuesday, 10/11/22 at 3:00 pm. The County intends to notify jurisdictions of intent to award approximately 30 days after the application deadline, however additional documentation may be needed to make final awards.

For any City that receives a Notice of Intent to Award , an approved resolution of the associated City Council accepting County funds and agreeing to specified conditions of funding will need to be executed and sent to the County prior to any disbursement of funds, see Attachment B - City Resolution. vent Description Date and Time
Application Materials sent to Cities 9/2/22
Pre-Application Meeting 9/22/22 @ 3-4pm
Applications due 10/11/22 by 3pm
Notice of Intent to Award Anticipated November 2022

Attachment "1"
395
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

APPLICATION – ALL FIELDS MUST BE COMPLETED AS APPLICABLE

SECTION 1 – APPLICATION COVER PAGE, CERTIFICATIONS AND SIGNATURE Submit this Completed Form as the Cover Page of Your Application

DESCRIPTION
Capital Emergency Housing Solutions Grant Program, County of San Diego

JURISDICTION INFORMATION (TO BE COMPLETED BY JURISDICTION) Please Type or Print Clearly

JURISDICTION INFORMATION REPRESENTATIVE AUTHORIZED TO SIGN OFFER City of Escondido

Christopher W. McKinney
Jurisdiction Name Authorized Representative Name

201 N. Broadway, Escondido, CA 92025

Deputy City Manager

Authorized Representative Title
[email protected]
Address Authorized Representative Email Address
(760) 839-4631 (760) 839-4090
Telephone Number Authorized Representative Telephone Number www.escondido.org

201 N. Broadway, Escondido, CA 92025
Website Address

Fax Number (optional) Mailing Address
Federal Tax identification Number (TIN):

Communications to Jurisdiction regarding this
Application will be sent to the POC. If no POC is
provided, such communications will be sent to the
Authorized Representative.

AUTHORIZED POINT OF CONTACT (POC)
(if different from Authorized Representative)
Holly Nelson
POC Name
Housing & Neighborhood Services Manager
POC Title
[email protected]
POC Email Address
(760) 839-4518
POC Telephone Number

201 N. Broadway, Escondido, CA 92025

POC Mailing Address

CERTIFICATIONS AND SIGNATURE
Attachment "1"
396
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

The undersigned certifies as follows:

1. The undersigned has the authority to execute the application and these certifications on behalf of the applicant city.

2. The undersigned and the applicant city represent as follows as a condition of potentially receiving government funds through the application:

2.1. The city is responsible for ensuring that it and any entity it provides money to from the grant comply with all grant-required terms and conditions.

2.2. The city will ensure that any recipients of grant funding have all appropriate licenses and experience to perform work under the grant.

2.3. The city will ensure that any project receiving grant money complies with all principles of Housing First in California Welfare and Institutions Code section 8255.

2.4. The city will ensure that all facets of any project funded with grant money complies with all applicable fair housing and disability accessibility laws and regulations and will be operated so as to affirmatively further fair housing.

2.5. The city will be responsible for refunding to the County any funds not expended on the project for which the city has applied, or which were deemed by the County to have been used improperly either by the city or by any other party.

2.6. The city will ensure that none of its personnel involved in any decisions related to the project or the application have any conflict of interest under any Federal, State, or local law, and that the personnel of any entity with which the city works on the project do not violate any such Federal, State, and local conflict of interest laws.

The undersigned and the city represent, and for the duration of the grant continue to represent, that each of the above certifications are and will continue to be true.

Authorized Representative Signature Date

Attachment "1"
397
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

SECTION 2 – PROJECT OVERVIEW (15 page maximum)

2.1 Title of Project (List title of the project.)

Interfaith Community Services: Family Shelter

2.2 Project Location (List the location of the project, including address and assessor parcel number(s).)

250 N. Ash Street, Escondido CA 92027
Parcel # 230102300

2.3 Owner of Project Site (List who the owner is of the underlying property at the project site.)

Interfaith Community Services

2.4 Name of person or entity responsible for project site maintenance (List the name of the person or persons or entity responsible for project site maintenance. Attach copy of maintenance agreements or commitment letters, if applicable.)

Mark Whitaker
Operations Manager, Interfaith Community Services

2.5 Total Amount Requested (List the total amount requested.)

$736,066.68

2.6 Project Description (Describe the project that this grant will support.) The City of Escondido requests funding to support the opening of a new, low-barrier emergency family shelter program in Escondido. The family shelter will be owned and operated by Interfaith Community Services (Interfaith), a 501(c)3 nonprofit organization, based in Escondido with over 40 years of experience providing emergency shelter and housing programs in North San Diego County. The family shelter will feature 10 units that can accommodate up to 10-16 families at a given time and will provide a pathway out of homelessness for approximately 50 families annually. The program will serve families who are experiencing homelessness in San Diego County and provide wraparound services aimed at moving households into permanent housing.

This emergency shelter will be the first low-barrier family shelter in North San Diego County. Interfaith will not screen out families due to their substance use or mental health diagnoses. The program will accept families with little-to-no income or income history. Barriers to admission will also be reduced as the shelter will welcome diverse family groups including single and dual parents with children under the age of 18, as well as non-traditional families such as grandparents with grandchildren and parents with adult children who are living with a disability. Family pets will also be allowed per program rules with kennels available on-site.

Attachment "1"
398
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

Following a Housing First approach, the primary focus of the program will be housing stability:
▪ Provide a safe and stable housing for families experiencing homelessness. ▪ Reduce the length of time a family experiences homelessness. ▪ Connect families with the necessary resources to ensure stability and increase household income.

The project will offer a continuum of services to assist individuals and families in obtaining and maintaining stable, long-term housing.
▪ Ensure all families are supported to live healthy lifestyles and personal wellness. ▪ Provide onsite mental health therapy to reduce the impact of trauma and interfamily violence. ▪ Support educational goals of all children in the shelter. ▪ Increase socialization and community support.
▪ Ensure parents have access to support that allows them to provide a safe, stable environment for their families now and into the future.

Intended measurable impacts of the program over a 12-month grant period will include:
▪ Open the family shelter program at 250 N. Ash Street in December 2022 and complete all renovations by October 2023.
▪ Provide 50 households from San Diego County with emergency shelter services focused on securing stable housing.
▪ 60% or 33 families enrolled in the family shelter program will exit to stable housing. ▪ 55% or 28 families enrolled in the family shelter program will demonstrate an increase in household income (earned and/or benefits) from program entry to exit.

Interfaith began operating its family shelter in August of 2021 at a temporary location while awaiting renovations at its Hawthorne Veteran and Family Resource Center (HVFRC) in Escondido. Since launching the program, Interfaith has served 65 households (97 adults and 126 minors) and the temporary shelter has been a safe refuge for pregnant mothers and five healthy babies have been delivered to residents in the program.

The shelter will provide on-site counseling services. The Family Shelter Clinician will offer individual or family therapy sessions to interested adults, children, and families. Group counseling will be offered focusing on parenting, crisis intervention, and child behavioral health support. The Clinician will consult regularly with Interfaith Case Managers to evaluate interventions on a case-by-case basis. The Clinician will supervise master’s level clinical interns who will provide family therapy in the form of play therapy, psychoeducation, parenting classes, and interpersonal dynamics.

Interfaith’s Family Shelter will offer a safe, stable environment for the family to stay in, with private rooms rather than the standard congregate emergency shelter setting. Each family will have the privacy they need to feel safe, while also being able to interact with others within the shelter. This nurturing environment combined with wraparound supportive services aimed at moving participants to permanent housing, enables these families to change the trajectory of their lives. This program is structured to immediately improve their economic stability and ultimately support long-term independence and housing stability.

Attachment "1"
399
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

2.7 Purpose of County Grant (Describe how the grant funding will be used, ensuring County funds are only used for one-time, capital expenses related to emergency homelessness solutions.)

The purpose of this one-time capital improvement funds is to support the renovation of Interfaith’s existing Hawthorne Veteran and Family Resource Center into a family shelter program. County funding will support the completion of renovations to the facility (currently underway), the creation of an outdoor play area and shade canopy, a security package including door locking system and security cameras, the purchase of an ADA Van for transportation, and furniture for the family bedrooms and the Children’s Center, and laundry room.

The existing facility previously housed Interfaith’s Recuperative Care Program, which recently moved to an expanded property. The two-story property is owned by Interfaith Community Service and is surrounded by greenery and an inviting outdoor courtyard conducive to family living. The family shelter is gated and has cameras throughout the exterior and interior of the building for safety purposes. The facility is ADA compliant and has stairs and an elevator to ensure residents with limited mobility can easily access all areas of the building. Interfaith employs a gardening service to maintain the landscape as well as a daily cleaning service to ensure common spaces of the program remain clean and sanitary.

The shelter has sufficient parking for residents to ensure families have access to their vehicles within the gated facility. The building is well positioned near public transportation and is walkable to many grocery stores, community health clinics and other retail stores.

This year-round shelter will serve between 10 to 16 families at a time, depending on family composition. The facility will provide 10 separate living areas for families; four for smaller-sized families and six for larger families, with a total of 36 beds. The amenities in the shelter will include one commercial kitchen, seven family-friendly bathrooms with private stalls, a dining area (capacity of 40), recreational areas, computer room, children’s play area, lobby, employee offices, and outdoor playground.

Interfaith was awarded Emergency Solutions Grants CV funding from the County of San Diego and substantial renovations have already occurred and/or are currently underway. The scope of the renovations was generated by the Interfaith team and conceptualized by Ware Malcomb and Unite Pacific, Inc. MC Construction provided estimates for the costs from these provisions.

These include:
• Expansion and reconfiguration of six (6) existing bedroom areas into three (3) large multi-person bedrooms.
• Reconfiguration of two (2) existing large multi-stall restrooms into seven (7) private restrooms. - Each with its own shower, toilet, sink, baby changing station, and seating. - Each new private restroom will have occupancy indicators and be ADA compliant. • Reconfiguration and combining of two (2) small break room areas into an efficient commercial kitchen to include one (1) new, three-compartment sink, one (1) hand sink, one (1) gas stove and grease trap, one (1) health department compliant hot water heater, one (1) new commercial dishwasher, one (1) mop sink, modified HVAC, and an Ansul Hood system. • Expansion of an existing dining area to accommodate up to 40 people.

Attachment "1"
400
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

• Additional upgrades to the building include code compliant electrical modifications, extension of gas lines to the kitchen area, reconfiguration of fire sprinklers and air ducting. • Repurposing of a 2,500 SF, unusable portion of the site into a flat outdoor recreation area for children. This includes grading and installation of a new retaining wall will be required to accommodate the new outdoor recreational area.

Since the Covid-19 pandemic, construction and building material costs have risen significantly year- over-year. Accordingly, the construction budget has increased since its original estimates in 2020. This project will complete remaining renovations and the purchase of furnishings and equipment to make the site fully operational. Furnishings include beds, mattresses, linens, and storage for the family rooms, furnishings and supplies for a Children’s Center (for activities and daycare), and a laundry room.

Requested funds also includes the purchase of an ADA compliant van for transportation of residents to essential appointments.

Please see Attachment A for complete Project Budget.

2.8 Sustainable Operations Describe how the resulting emergency shelter solution can be sustained for a minimum of two (2) years.)

Interfaith’s family shelter will be sustained for a minimum of two years through additional government grant funding, private foundation grants, contributions from corporations, individual donors, and faith- based communities. The agency was recently awarded a $200,000 grant from the Regional Taskforce on Homelessness to support family shelter operations. In addition, Interfaith has a pending application for the HUD Continuum of Care Supplemental to Address Unsheltered Homelessness (Special NOFO) competition which, if funded, would provide $1,173,999 over 3 years for joint transitional housing and Rapid Rehousing services for the family program. A board resolution was signed on September 29, 2022 from Interfaith committing the operational expenses of the family shelter program for a minimum of two years (24 months) (Please see Attachment B)

Interfaith will work with local Medi -Cal managed care plans through the California Advancing and Innovating Medi-Cal (CalAIM), to address the social determinants of health that impact a family’s ability to stabilize. This source will fund community supports that meet social needs such as food and housing.

2.9 Project Partners (List any project partners, including their role and any agreements including subcontractors.)

1. Interfaith Community Services – site owner and program operator

2. Unite Pacific – project management services

3. MC Contracting – general contractor

4. Ware Malcomb – interior architectural design

5. EPS Group, Inc. – civil engineering

6. Salehi Engineering – electrical engineering

7. Terra Environmental – asbestos inspection and abate contractor

Attachment "1"
401
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

2.10 Site Readiness (Documentation of site control and necessary permits and approvals will be requested prior to final grant approval.)

2.10.1 Does jurisdiction have evidence of site control? If yes, indicate which of the following applies.

☒Clear title with no encumbrances or limitations that would preclude the proposed use ☐An existing long-term lease with the proposed Project being an allowed use and provisions to make improvements on the property
☐A leasehold estate held by a tribal entity in federal tribal trust lands property, or a valid sublease thereof that has been or will be approved by the Bureau of Indian Affairs ☐A fully executed option to purchase, sales contract, or other enforceable agreement to acquire the property
☐A Letter of Intent (LOI) that outlines the terms of a sale or lease contract, providing that a fully executed option to purchase or sales contract will be executed within 60 days. ☐ Evidence that a preliminary review of zoning, permitting, environmental, and other necessary site due diligence has been performed and that no findings in the initial review will preclude this use.

Please see Attachment C

2.10.2 If jurisdiction does not have evidence of site control, please describe the plan and timeline for obtaining site control and provide supporting evidence and a Memorandum of Understanding or partnership agreement between site owner/jurisdiction.

Not applicable.

2.10.3 Confirm that the proposed project complies with applicable zoning for the project site. If not, list all approvals that will be required to operationalize the project, including formal actions by your city council or outside agencies, and describe the strategy for obtaining them. In your response, provide a detailed timeline for acquiring all approvals and permits.

This project complies with the City’s zoning requirements for the proposed site at 250 N. Ash Street in Escondido.

Interfaith Community Services will be required to submit a permit for an outdoor canopy and playground equipment. No other permits are required to complete this project.

Anticipated timeline:

November 2022 – Intent to Award notification
December 2022 – application of required permit
January-March 2023 – anticipated approval of permit
August 2023 – outdoor canopy and playground

2.10.4 CEQA Readiness (What is the status of the project regarding the California Environmental Quality Act (CEQA)? What actions, if any, including formal actions by your city council or outside agencies, are needed related to CEQA and what are the associated timelines?) Attachment "1"
402
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

The California Environmental Quality Act (CEQA), an environmental review has been completed and construction is underway. No other actions are required to complete renovations according to the anticipated timeline.

2.11 Community Readiness (Describe community engagement that has been completed related to the project to ensure community readiness. If none has been completed to date, please describe plans for community engagement and include timeline of planned actions.)

The community’s response to a family shelter being opened in the Escondido has been positive.

Interfaith has engaged the community through a variety of community meetings to ensure community readiness for the shelter. The City facilitates quarterly meetings with local service providers, including Escondido Union School District staff, who have voiced the need for a family shelter. Families who have graduated from the interim family shelter program have been asked about their experience and shared that having a safe place for the children live, grow, and play has made a remarkable difference in their lives.

City staff and Interfaith has also engaged in the multiple conversation the Escondido Union School District about the high needs within the community. The social worker has reinforced this resource will serve not only Escondido families, but those throughout North San Diego County. Over the years, local law enforcement and faith communities have referred families experiencing homelessness to Interfaith and Escondido Education COMPACT; despite the lack of a family shelter beds and both agencies have done as much as possible to meet the needs of these families.

Interfaith will continue to engage the local community through a robust volunteer, school, faith community, and donor engagement. The agency has already received inquiries from the community about volunteer opportunities within the family shelter and other ways to support this project.

SECTION 3 – RESPONSE TO IDENTIFIED NEED (10 page maximum) Provide a narrative response detailing the demonstrated needs in the jurisdiction for homelessness solutions and how this project addresses those needs. Data related to Point in Time Count, Healthy Places Index, or other data demonstrating jurisdictional need, as well as estimates of who will be served by this project should be included to evaluate the level of response to the identified need.

The pandemic has impacted everyone in the community, especially people experiencing homelessness.

The year 2020 marked the first time in a decade that homelessness among families did not decrease. In fact, according to the 2020 Point-in-Time Count, an estimated 55,739 family households were identified as homeless. According to a new report titled, “Homelessness Crisis Response System 2021 Data and Performance Report,” published by the Regional Task Force on Homelessness, San Diego family homelessness is on the rise. The reported showed a 33% increase in the number of families experiencing homelessness between 2019 and 2021. Staggeringly, the 2022 Point-in-Time Count (PITC) showed the number of families experiencing homelessness was up 56% from the 2020 PITC.

Attachment "1"
403
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

The City of Escondido saw a 16% increase in city’s overall homelessness count from 429 individuals (165 sheltered; 264 unsheltered) in 2020 to 499 individuals (317 sheltered; 182 unsheltered) in 2022. In looking at the PITC data between 2020 and 2022, City staff observed a 288% increase in sheltered families.

The need is sadly reflected in the number of homeless students enrolled in the Escondido Union School District. The District reported 1,599 students enrolled from preschool to eighth grade were experiencing homelessness and qualified for McKinney-Vento Act resources in FY2021-22. City staff have worked with the school social worker to help families get connected to vital resources, but in North County, shelter resources are scarce for families experiencing homelessness with the two emergency shelters for families are Operation HOPE and Solutions for Change which require drug testing upon entry, disqualify mental health diagnoses and having limited availability. Solutions for Change has a program for homeless families, however, it requires a long-term commitment and workforce participation.

Homelessness can have a tremendous impact on children – their education, health, sense of safety and overall development. Studies have shown that children experiencing homelessness have three times the rate of emotional and behavioral problems than those living in stable housing. The longer children stay on the streets, the farther behind they fall in school. In addition, by age 12, 83% of children experiencing homelessness have experienced violence, and 42% of children in homeless families are under the age of six. Children are more likely to experience separation from their families; change in schools, repeat a grade, be expelled or drop out of school and have lower academic performance.

The cycle of homelessness is devastating for anyone, but for a family, it is crushing. Homeless families are usually headed by a single woman with limited education, are typically young, and have young children. Children experiencing homelessness are highly impacted by Adverse Childhood Experiences (ACEs). In a groundbreaking CDC-Kaiser Permanente ACE Study, evidence showed the more adverse childhood experiences – such as divorce, sexual assault, interpersonal violence, homelessness, the poorer a person’s health outcomes would be as an adult.

Causes of homelessness are complex. Pathways into and out of homelessness are multifaceted and may include financial insecurity, relationship breakdown, and addiction, all which is compounded by the high cost of housing, limited inventory and long waitlist for affordable housing and housing choice vouchers making more families are at-risk of homelessness than in years prior. Homelessness and affordable housing are two of the top concerns of residents living in City of Escondido. This need is reflected in multiple goals on the City 5-year Consolidated Plan 2020-2024 around homelessness prevention, temporary housing, engaging families on the streets, supportive services and provider permanent housing to households experiencing homelessness.

The City of Escondido is one of four cities in San Diego County and the only city in North County to receive Emergency Solutions Grants. This federal funding stream issued by HUD to local jurisdictions aids individuals and households at-risk or experiencing homelessness with prevention, street outreach, emergency and rapid rehousing resources. Interfaith Community Services’ family emergency shelter proposal aligns directly with the city’s goals.

Attachment "1"
404
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

Housing is the solution to homelessness. The majority of families benefit from assistance to help them rapidly reconnect to permanent housing. Rapid re-housing provides help with housing search, financial assistance, and case management services to help families quickly transition out of shelters and back into housing of their own. In addition, families may require and/or significantly benefit from more intensive or long-term support, through the provision of transitional housing, permanent rental assistance, or permanent supportive housing to escape homelessness. Families can also benefit from connection to other supports designed to strengthen and improve their lives, such as child care, employment assistance, early childhood services, income support, or mental health counseling.

Interfaith Community Services, North County’s leading human services agency, recognizes the multitude of barriers community members must overcome to achieve self-sufficiency and provides a continuum of care to effectively help break the cycle of homelessness. The target population for this grant includes families with children under age 18 or a disabled dependent adult, unconventional families that include grandparents, siblings, aunts and uncles, and other family structures.

In response to the increase in families facing homelessness , in April 2021, Interfaith began providing urgently needed low-barrier shelter to families with children. This program is operating at a temporary location while the permanent site is renovated . Interfaith believes that by offering support to families through a low-barrier program, those with substance use and mental health disorders will be able to secure a safe place to stay while receiving support for the challenges they are working to overcome.

Since opening the Family Shelter , Interfaith has served 65 families, sheltering ove r 200 adults and children. Out of the 223 individuals served, 126 have been children , with 96 being under the age of 12.

Prior to coming to the shelter, 192 individuals (86%) were experiencing homelessness for less than a year, including 60 individuals (27%) who had been homeless for less than seven days. This is evidence of the overwhelming need for families to have a timely access to shelter, allowing them to avoid the multiple traumas that families experiencing homelessness may suffer.

SECTION 4 – TIMELINE
Include a timeline with key dates leading to operationalization of the project.

November 2022:

Intent to Award Notification
Internal and external painting begins
Purchase furnishings for family rooms, Children’s Center, and Laundry Order PDK Cypher Lock System
Order Play Ground
Purchase Van
Order exterior lighting
Order security cameras

Attachment "1"
405
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

December 2022:

File application for permit for playground and canopies Installation of PDK Cypher Lock System
Replace staircase carpet with LVT
Install exterior lighting
Installation of security cameras
Opening of the Emergency Family Shelter Program at the Hawthorne Family Resource Center.

May 2023:

Preparation of playground area
Landscaping
Select and Purchase Playground Structure

July 2023:

Lid Covers
Exterior Lighting
Locks and Key FOBs Installed

August 2023:

Playground and rubber matting installed

October 2023:

Complete Project
Complete Renovations

SECTION 5 – PROJECT BUDGET

5.1 Project Budget Template (Attachment A) (Complete template for project proposed.) Please see Attachment A

5.2 Project Budget Narrative (Include project budget narrative describing costs submitted in 5.1.) Budget Narrative
Interfaith Community Services – Family Shelter

Site Work
Work performed by MC Construction, includes:
▪ Existing conditions/Demo $8,856.00
▪ Plumbing $3,180.00
▪ Electrical $7,000.00
▪ Exterior Improvements $178,000.00
▪ Fireproofing Corridor: $50,000
Total: $257,036.00

General Requirements, Profit and Overhead
Attachment "1"
406
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

Work performed by MC Construction, includes original budget estimates of $5,775 related to Site Work and $89,220 related to Interior Improvements. Includes Profit and Overhead $173,951.16 (approximately 20% of site work and interior improvement scope of work), reflecting increased construction and material goods costs. Total: $268,946.16.

Interior Improvements
Work by MC Construction, includes:
▪ Existing conditions/Demo $9,810.00
▪ Thermal and moisture protection 5,398.04
▪ Openings/Doors $24,884.00
▪ Finishes $144,513.50
▪ Specialties $19,525.41
▪ Equipment $97,123.97
▪ Fire Suppression $13,150.00
▪ Plumbing $175,937.80
▪ HVAC $37,937.80
▪ Electrical $36,845.28
▪ Furnishings $12,600.00
Total: $577,724.80

Furnishings
Purchase of furnishing for the 10 family units, a children’s center, and laundry room:

Item Cost Per Unit Number
of Units
Total
Bunkbeds Twin Full $850 6 $5,100
Bunkbeds Twin/Twin $400 10 $4,000
Pull out beds with Mattress $200 8 $1600
Twin Mattresses $250 26 $6,500
Twin Mattress Covers $40 35 $1,400
Full Mattresses $350 10 $400
Full Mattress Covers $40 10 $400
Dressers $450 10 $4,500
Desks with hutch and bookshelf $200 10 $2,000
Desk Chairs $100 10 $1,000
Lamps $35 10 $350
KidsKraft Reading Nook $200 10 $2,000
Portable Cribs $200 6 $1,200
Full Bed Linens $75 25 $1,870
Twin Bed Linens $60 30 $1,800
Portable Crib Bed Linens $45 40 $1,800
Pillows (2-pack) *These items not reused $30 280 $8,400 Towel Sets $30 64 $1,920
Attachment "1"
407
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

Folding Bookcases $500 4 $2,000
Bookcases $200 2 $400
Classroom storage cabinet $600 3 $1,800
Children Tables and Chairs $200 10 $2,000
Cubbies 8x3 $500 2 $1,000
Caterpillar Tunnel $260 1 $260
Indoor soft foam climber $150 3 $450
Daycare changing table/cabinet $750 2 $1500
ECR4Kids Softzone Patchwork & Blocks $170 1 $170
Mobile Storage Cabinet with Locks $750 3 $2,250
Block Cabinet $110 3 $330
25 Tray Storage Cube $380 1 $380
Stool Modular Seating Set $190 2 $380
Study Station $150 10 $1,500
Rugs $150 6 $900
Daycare Toys and Supplies $6,000 1 $6,000
Washers $2,250 4 $10,000
Dryers 1,250 4 $5,000
Total $84,265

Playground Equipment, Outdoor Canopy
Includes preparation/grading of site ($35,000), rubber mulch ($7,000) purchase of playground equipment ($50,000) and outdoor canopy ($35,000). Total: $127,000.

Door Locking System, Security Cameras
Includes purchase of a door locking system ($60,000) and security camera upgrades ($30,000). Total $90,000.

Other: ADA Compliant Van Transportation
Purchase of an ADA Compliant Van to provide transportation for family shelter residents to and from appointments and services including medical appointments and education or employment related participation. Total: $75,000.

Civil Engineering
Work performed by EPS Group, includes topographical survey, grading and drainage plan, consulting and calls. Total: $8,890.00

Architectural Design and Permit Planning
Work performed by Ware Malcomb, includes:
▪ Basic services $2,000.00
▪ Interior Design, Design, Document development, permit coordination, contract phase $15,600.00
▪ Commercial kitchen consultation $4,800.00
Attachment "1"
408
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

▪ Added Services Architectural $7,050.00
▪ Alternative services, occupancy coordination if needed $6,000.00 Total: $35,450.00

Project Management / Landscape Architecture
Work provided by Unite Pacific. Includes project management at 12 weeks x 2 hrs x hourly rate of $95.00. Total: $11,400.00

Contingency:

Calculated at 5% of Construction Hard Costs, excluding purchase of Security Systems and ADA Van.

Total: $69,748.60

PROJECT TOTALS
Total Request to County Emergency Housing Solutions: $736,066.68 Total Other County Funds (Secured): $870,079.00
Total Project Budget: $1,606,645.68

SECTION 6 - FINANCIAL INFORMATION
The County is evaluating financial information for the proposing jurisdiction. The jurisdiction is responsible for evaluating financial information to determine the fiscal stability of their proposed project partners.

6.1 Briefly outline the internal fiscal management process the organization will use to monitor and ensure that County funding and other revenues are adequate to meet Project costs.

The City has a long-standing partnership with Interfaith Community Services in delivering and administering grants to individuals at-risk or experiencing homelessness in Escondido. Throughout its 42-year history of service to North San Diego County, Interfaith has managed grants at every level of government – city, county, state, and federal and the current operating budget for the agency is $26 million. Interfaith has administered and monitored grants for programs ranging from $1,000 to $1,000,000, and government grants in excess of $5 million at the city, county, state, and federal level.

Interfaith’s governing Board of Directors fully reviews the agency budget at yearly adoption, and monitors ongoing spending through Finance, Audit, Budget, and Investment committees.

The City of Escondido will ensure funds are being appropriately spent by reviewing all invoices and backup documentation on a monthly basis. The program expenditures will be compared to the program budget and any discrepancies found will be addressed by City staff and further clarification will be requested. Once the documents have been reviewed, a check request will be created and authorized by the Deputy City Manager. The City will facilitate regular meetings with Interfaith to ensure the project is meeting its proposed timelines and will address any outstanding billing-related concerns.

Interfaith currently uses Abila’s MIP for its fiscal management system. MIP has full fund accounting capabilities to ensure appropriate segregation, control, accounting, and oversight of all funds, property, expenses, revenues, and assets for each contract. This robust automated accounting software system Attachment "1"
409
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

assigns costs and revenue to contracts and allocates expenses across accounting departments in accordance with generally accepted accounting principles (GAAP). MIP complies with FASB, GASB, and other reporting requirements. To ensure proper distribution of direct program costs, indirect and administrative costs, and revenue, and guarantee compliance with all pertinent regulations and contract limitations, Interfaith is audited annually by an independent auditor, fulfilling all requirements of federal single audit and general audit standards and OMB Circular A-122.

The MIP system currently manages more than 75 programs and has full fund accounting capabilities.

Interfaith’s fund accounting system designates different funding sources for specific programs, with expenses charged using four-digit numeric accounting and program codes that are consistent throughout the organization. Interfaith’s program and financial staff identify and authorize the accounts which should be billed on invoices and receipts by using this standardized coding system. This coding system is also used on reimbursement request forms, check request forms, petty cash worksheets, and any other paperwork submitted to the Accounting Department for payment/credit. This enables the Accounting Department to allocate expenses properly immediately upon receipt, and for Department Directors and Program Managers to track and record billable services to the appropriate categories.

Payment procedures include a purchase order system requiring program review, executive review, and two signatures. Interfaith’s payment policy is to pay invoices within vendor payment terms. Invoices are approved for payment by the responsible Program Manager and forwarded to their Department Director for authorization before being sent to Accounting for payment. The Chief Financial Officer (CFO) reviews and signs all payments. All checks require two manual signatures. The Accounting Department maintains records which clearly identify all contract related revenues and expenses. These items are date stamped, submitted for payment/credit, entered into the MIP accounting software, and filed by vendor/contractor/ payee name. Once items are entered into the computer, they are assigned an invoice number. This simplifies the research process in the case of a possible discrepancy. Interfaith maintains accounting records for a minimum of five years, or longer as needed per contract requirements.

6.2 List any associated revenue jurisdiction is leveraging for overall project, indicating if the funding has been committed.

The City of Escondido receives an annual allocation from HUD. No funds have been commitment to the project thus far, but the City is open to potential future funding, if needed.

Interfaith secured a grant in the amount of $870,079 from the County of San Diego Emergency Solutions Grant CARES Act to support the renovation of the site.

There is a balance of $736,066.68 to complete the project.

6.3 Submit, as applicable, the most current un-audited financial statements, to include the Statement of Financial Position (Balance Sheet) and the Statement of Activities (Income Statement).

Please see Attachment D
Attachment "1"
410
Item13.

COUNTY OF SAN DIEGO

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM

APPLICATION

6.4 Submit, as applicable, the following information for the last three (3) fiscal years. Annual audit report to include:
• Audited financial statements with the applicable notes. • Independent Auditor’s Report on Compliance and Internal Control over Financial Reporting based on an Audit of the Financial Statements in Accordance with Government Accounting Standards. • Independent Auditor’s Statement of Findings and Questioned costs. • Management Letter (if applicable).

If your organization does not have audited financial statements, submit un-audited financial statements for the last three (3) Fiscal Years, to include the Statement of Financial Position (Balance Sheet) and the Statement of Activities (Income Statement).

Please see Attachment D and Attachment E

6.5 Provide documentation that the organization has sufficient reserves to maintain the project for sixty (60) days.

Documentation may include cash and/or credit reserves.

Please see Attachment D

Attachment "1"
411
Item13.

Attachment "2"
412
Item13.

RESOLUTION NO. 2023-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, ALL
AGREEMENTS NECESSARY FOR THE CITY’S
PARTICIPATION IN THE COUNTY OF SAN DIEGO’S

CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT

PROGRAM AND EXECUTE AN AGREEMENT WITH
INTERFAITH COMMUNITY SERVICES, INC. TO RECEIVE

PASS-THROUGH FUNDS FROM THE CITY TO CREATE AN

EMERGENCY FAMILY SHELTER

WHEREAS on May 22, 2022, the Board of Supervisors (“Board”) of the County of San Diego (“County”) voted to create the Capital Emergency Housing Solutions Grant Program (“Program”) as part of the Board’s ongoing efforts to address the problem of homelessness throu ghout San Diego County; and;
WHEREAS, the Program seeks to make up to $10 million available to cities to spur the creation of shelters, safe parking lots, and other urgently needed housing solutions; and WHEREAS, under the Program, awarded funds can only be used for property acquisition and facilities development, but may not be used for ongoing shelter operating expenses or indirect costs; and

WHEREAS, the City of Escondido (“City”) submitted an application for the Program on October 11, 2022 (the “Application”) proposing to use Program funds to create an emergency family shelter within the City (“Project”); and
WHEREAS, funding allocations under the Program are subject to the terms and conditions contained in the County’s Grant Agreement which must be executed by all Program grant recipients (the “Grant Agreement”). A copy of the Grant Agreement is attached to this Resolution as Exhibit B and incorporated by this reference; and
413
Item13.

WHEREAS, under the Grant Agreement, the City will be responsible to the County to ensure that all Program requirements are met, including that the Project will be implemented consistent with principles of Housing First enumerated in California Welfare and Institutions Code section 8255, and that the City undertakes this responsibility to the County even if the City provides Program grant funding to a third party for a housing solution; and
WHEREAS, the City will administer the County’s funds and contract outcomes as a pass -through entity via a Public Services Agreement with Interfaith Community Services, Inc., a local 501(c)3 nonprofit (“interfaith”). A copy of the Public Services Agreement with Interfaith regarding Program funds is attached to this Resolution as Exhibit “B” and incorporated herein by this reference; and WHEREAS, to facilitate the Project, the City will also execute a Shelter Collaboration Agreement with the County and Interfaith to add critical behavioral health and sufficiency resources in the shelter system of care in Escondido. A copy of the Shelter Collaboration Agreement is attached to this Resolution as Exhibit “C” and incorporated herein by this reference; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California as follows:

1. That the above recitations are true.

2. That the City accepts the Program grant funding for use on the Project specified in the Application. Accordingly, the Mayor is hereby authorized to execute the Grant Agreement, Shelter Collaboration Agreement , and all other documents required or deemed necessary or appropriate to secure the Program funds from the County and to participate in the Program, and all amendments thereto (collectively, the “Program Documents”).

3. That the City warrants and represents to the County that all statements contained in the Application, including but not limited to those in any other documents required by the County, are true 414
Item13.
and correct, and that the City will abide by all certifications made in the Application as well as all provisions of the Program Documents.

4. That any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Grant Agreement. Program f unds are to be used for the allowable expenditures and activities identified in the Application and Grant Agreement and will solely be used to support the Project.

415
Item13.

CAPITAL EMERGENCY HOUSING GRANT PROGRAM

GRANT AGREEMENT BETWEEN

THE COUNTY OF SAN DIEGO AND

THE CITY OF ESCONDIDO
Grant Agreement - Capital Projects Page 1 of 7
This Grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and the City of Escondido (Grantee) with an effective date of WHEREAS on May 24, 2022, the San Diego County Board of Supervisors approved a $10 million-dollar Capital Emergency Housing Solutions Grant Program to support the creation of new capital emergency housing solutions within the 18 incorporated cities; and,
WHEREAS, pursuant to Board of Supervisors, the purpose of this program is to provide one-time capital funds to city jurisdictions to address immediate emergency housing solutions; and, WHEREAS, the County funds this program primarily with the General Funds; and; WHEREAS, in August 2022, the County awarded Grantee funding to address emergency housing solutions and ending homelessness; and,
WHEREAS, on DATE the County allocated the grant funding set forth in this Agreement for the purpose described in this Agreement.

NOW, THEREFORE, the parties agree as follows:

1. Amount of Grant. The County agrees to pay Grantee the amount of $736,066.68 for the Escondido- Interfaith Family Shelter Capital Project. Under no circumstances is County obligated to pay Grantee more than this amount. County shall pay Grantee after County receives a signed copy of this Agreement from Grantee.

2. Purpose of Grant. Grantee shall use the grant funds provided by County under this Agreement solely to provide emergency housing solutions to address homelessness through the Capital Emergency Housing Solutions Grant Program as described in their proposal as listed in Exhibit A.

3. Term of Agreement. The term of this Agreement shall be for 24 months starting on the effective date as specified above.

4. Time Period for Use of Grant Funds and Documentation of Expenditures. (a) Grantee shall spend all grant funds provided by the County for the purposes specified in Paragraph 2 within 24 months of the effective date of this Agreement as specified above. (b) Grantee shall complete the Documentation of Grant Expenditures Form provided by the County’s administrator, setting forth Grantee’s total actual expenditures of the grant funds provided under this Agreement.
(c) Grantee shall submit the completed grant Documentation of Grant Expenditures Form and the related documentation including, but not limited to, invoices/receipts, credit card statements, check stubs, check copies, copy of canceled checks, copy of bank statements, etc. to the County’s administrator promptly after spending the grant funds, but in no event after the end of the Term of Agreement specified above.
(i) If the parties agree to extend the Term of Agreement, Grantee shall submit this expenditure documentation by the end of the extended term. (d) If County’s administrator requests additional information regarding Grantee’s expenditure of the grant funds, Grantee shall promptly submit the requested information to County’s Contracting Officer Representative (administrator).

Resolution No. 2023-02
Exhibit "A"

416
Item13.

CAPITAL EMERGENCY HOUSING GRANT PROGRAM

GRANT AGREEMENT BETWEEN

THE COUNTY OF SAN DIEGO AND

THE CITY OF ESCONDIDO

Grant Agreement - Capital Projects Page 2 of 7

(e) Grantee shall retain copies of all receipts, invoices, cash register tapes and other direct evidence of the expenditure of funds for which grant funds are used for the duration of the audit period specified in Paragraph 8.

(f) If after reviewing Grantee’s expenditure documentation, the County’s administrator:

(i) Determines that the Grantee failed to spend all of the grant funds; (ii) Disallows any expenditure by Grantee;
(iii) Determines that the grant funds provided exceed Grantee’s total actual expenditures authorized under this Agreement; or
(iv) Grant funds were used in a manner contrary to Paragraphs 2 or 5, Grantee shall refund to the County the amount specified by the County’s administrator. (v) Grantee shall make this refund within seven (7) County business days after receiving a written request for refund from the County’s administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County.

(g) If Grantee fails to provide the required documentation of expenditures as required in Subparagraph (b) and (c) above, the County’s administrator may request Grantee to refund to the County all or any portion of the grant funds provided under this Agreement. Within seven (7) County business days of receipt of a written request for a refund, Grantee shall refund to the County the amount specified by the County’s administrator.

(h) If Grantee incurs expenses before the County pays the grant under this Agreement, the County will reimburse Grantee in an amount not to exceed the amount specified in Paragraph 1 upon submission of documentation to County’s administrator setting forth Grantee’s actual expenditures for the purpose specified in Paragraph 2 and approval of the documentation by County’s administrator.

5. Restrictions on use of grant funds.

(a) Grant funds shall not be used for any purpose prohibited by laws governing the use of public funds including, but not limited to, religious purposes, political campaigning, or purely private purposes or activities.

(i) If Grantee provides or participates in any activity for which public funds may not be used, such as religious activities, Grantee shall inform the County of this activity before accepting any grant funds. Grantee shall ensure that no grant funds awarded pursuant to the Agreement are used to support in any manner said activity.

(b) Grantee shall only spend grant funds on expenses deemed eligible under the capital projects intent and all grants, regardless of funding source, must be spent for the purposes allowed under Section 2.

(c) Grantee shall not use grant funds for any authorized expenditure if it is reimbursed from another source, including, but not limited to, insurance proceeds, or any other state, federal or local program.

(d) Grantee shall not donate any grant funds to a third party. (e) Grantee may not include in its Documentation of Grant Expenditures report under this Agreement any expenditures for which Grantee has received or is or will be claiming funding from any other source.

Resolution No. 2023-02
Exhibit "A"

417
Item13.

CAPITAL EMERGENCY HOUSING GRANT PROGRAM

GRANT AGREEMENT BETWEEN

THE COUNTY OF SAN DIEGO AND

THE CITY OF ESCONDIDO

Grant Agreement - Capital Projects Page 3 of 7

(f) Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County.

(g) Grantee shall comply with all terms and conditions as listed in this contract.

(h) Grantee’s failure to comply with any provision in Paragraph 5 shall constitute a material breach of this Agreement.

6. Administrator of Agreement. The County of San Diego, Health and Human Services Agency, Department of Homeless Solutions and Equitable Communities shall administer this Agreement on behalf of the County, and City of Escondido shall administer it on behalf of Grantee. County and Grantee may from time to time designate a different administrator by providing notice in the manner required by Paragraph 7.

7. Notice. All communications from Grantee to the County shall be sent to the contact(s) as listed below.

Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses:

County: Barbara Jiménez
Community Operations Officer
Health and Human Services Agency
1255 Imperial Ave, Suite 864
San Diego, CA 92101
(619) 338-2722
[email protected]

Grantee: Christopher W. McKinney
Deputy City Manager
City of Escondido
201 N. Broadway
Escondido, CA 92025
760-839-4090
[email protected]

And

Holly Nelson
Housing and Neighborhood Services Manager
City of Escondido
201 N. Broadway
Escondido, CA. 92025
760-839-4518
[email protected]

Notices that are personally served shall be deemed delivered on the date served. Notices sent by certified mail shall be deemed delivered five (5) County business days after mailing. County and Grantee may from time to time designate a new address for providing notice by providing notice of the new address in accordance with this Paragraph.

Resolution No. 2023-02
Exhibit "A"

418
Item13.

CAPITAL EMERGENCY HOUSING GRANT PROGRAM

GRANT AGREEMENT BETWEEN

THE COUNTY OF SAN DIEGO AND

THE CITY OF ESCONDIDO

Grant Agreement - Capital Projects Page 4 of 7

8. Audit and Inspection of Records. At any time during normal business hours and as often as the County may deem necessary, the Grantee shall make available, within five (5) County business days of the receipt of a request, to the County for examination all of its records with respect to all matters covered by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from such records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. Unless otherwise specified by the County, said records shall be made available for examination within San Diego County, California.

Grantee shall maintain such records in an accessible location and condition to the later of a period of five (5) years after the termination of this Agreement after all funds have been spent or any remaining funds have been returned unless County agrees in writing to an earlier disposition. The State of California or any Federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon County by this Agreement.

9. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement, the County may send Grantee a written notice of default that specifies the nature of the default. Grantee shall cure the default within three (3) County business days following receipt of the notice of default. If Grantee fails to cure the default within that time, the County may terminate this Agreement by giving Grantee written notice of immediate termination. Upon termination, Grantee shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination.

Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. The County may also seek any and all legal and equitable remedies against Grantee for breaching this Agreement.

10. Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County’s administrator with Documentation of Grant Expenditures setting forth Grantee’s total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee’s total actual expenditures for the purpose of the grant, as determined by County’s administrator, as of the effective date of termination.

11. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County’s administrator with Documentation of Grant Expenditures setting forth Grantee’s total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee’s total actual expenditure for the purpose of the grant, as determined by County’s administrator, as of the effective date of termination.

12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the grant as specified in Paragraph 2. Grantee further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by Grantee.

13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement.

Resolution No. 2023-02
Exhibit "A"

419
Item13.

CAPITAL EMERGENCY HOUSING GRANT PROGRAM

GRANT AGREEMENT BETWEEN

THE COUNTY OF SAN DIEGO AND

THE CITY OF ESCONDIDO

Grant Agreement - Capital Projects Page 5 of 7

14. Insurance. Grantee shall obtain at its own cost and expense and keep in force and effect during the term of this Agreement, including all extensions, policies of insurance or prog rams of self-insurance with policy limits in sufficient amounts to cover any and all potential liability of Grantee, its agents, representatives, employees, volunteers or subcontractors hereunder. Minimum policy limits maintained by Grantee shall in no way limit the indemnification obligations to the County.

15. Independent Capacity. In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity and not as officers, employees, agents or volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County.

16. Equal Opportunity. Grantee will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, physical handicap, ancestry, sex, or national origin, or any other protected class as defined by Federal or State law. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

17. Defense and Indemnity. To the fullest extent permitted by law, County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collectively, “County Parties”) against any and all claims, deductibles, self-insured retention’s, demands, liability, judgments, awards, fines, mechanics’ liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys’ fees and court costs (collectively, “Claims”), which arise out of or are in any way connected to County’s provision of grant funds and/or Grantee’s use of grant funds under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, employees, volunteers, agents, contractors, licensees or servants, including without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole active negligent act or willful misconduct of County Parties.

18. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of California.

19. Complete Agreement. This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties.

20. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that party’s right to subsequently enforce this, or any other term, covenant or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit.

21. Consultation with Counsel. Each party has had the opportunity to consult with independent legal counsel of its own choosing before executing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind.

22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party.

Resolution No. 2023-02
Exhibit "A"

420
Item13.

CAPITAL EMERGENCY HOUSING GRANT PROGRAM

GRANT AGREEMENT BETWEEN

THE COUNTY OF SAN DIEGO AND

THE CITY OF ESCONDIDO

Grant Agreement - Capital Projects Page 6 of 7

23. Corporation Qualified to Do Business in California. If Grantee is a corporation, Grantee warrants that it is a corporation in good standing and is currently authorized to do business in California.

24. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise specified herein, all terms and conditions of this Agreement shall survive the expiration of the Term of Agreement specified in Paragraph 3 above.

25. Remedies. Unless otherwise expressly provided herein, the rights and remedies in this Agreement are in addition to, and not a limitation on, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy.

26. Prevailing Wage. Unless exempted by applicable law (e.g., Labor Code § 1720.4), projects using over $1,000 of grant funds for construction, alteration, demolition, installation, repair, refuse and ready-mix concrete hauling, maintenance work, or any other work for which prevailing wages must be paid by Labor Code § 1720 et seq. shall be deemed a “public work” for State prevailing wage purposes. It is not the intent of this Agreement to impose an obligation to pay prevailing wages on work otherwise exempt from the prevailing wage laws. Grantee shall be solely responsible for ensuring prevailing wages are paid when owed.

Projects subject to the payment of State prevailing wages are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Grantee shall be responsible for ensuring all required job site postings and all certified payroll and other reporting applicable to it as an awarding body are completed in accordance with the State’s prevailing wage regulations. Information regarding the State’s prevailing wage requirements can be obtained from the Director, Department of Industrial Relations at www.dir.ca.gov , Labor Code § 1720, et seq., and 8 Cal. Code of Regs. § 16000, et seq.

27. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed using electronic or digital signatures in accordance with California law, which signatures shall be deemed an original.

Intentionally left blank

Resolution No. 2023-02
Exhibit "A"

421
Item13.

CAPITAL EMERGENCY HOUSING GRANT PROGRAM

GRANT AGREEMENT BETWEEN

THE COUNTY OF SAN DIEGO AND

THE CITY OF ESCONDIDO

Grant Agreement - Capital Projects Page 7 of 7

WHEREFORE, the parties execute this Agreement on the date first written above.

COUNTY OF SAN DIEGO

GRANTEE

By: _______________________________

By: ____________________________ Date_______

NICK MACCHIONE, FACHE
Agency Director

County of San Diego
Health and Human Services Agency
Dane White, Mayor
City of Escondido

[Note: Person signing on behalf of Grantee must be
authorized by the city jurisdiction sign this Agreement (i.e., City Manager, or person that is able to legally
bind a city into a contract).]

24 Resolution No. 2023-02
Exhibit "A"

422
Item13.

CITY OF ESCONDIDO

PUBLIC SERVICES AGREEMENT
This Public Services Agreement (“Agreement”) is made and entered into as of this _____ day of _______________, 2023 (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Holly Nelson
760-839-4518
("CITY")
And: Interfaith Community Services, Inc.

A California nonprofit public benefit corporation
550 W. Washington Ave.

Escondido, CA 92025
Attn: Greg Angela
760-489-6380
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of the Services described herein.

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

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

2. Compensation. In exchange for CONTRACTOR’s completion of the Services, the CITY shall pay, and CONTRACTOR sha ll accept in full, an amount not to exceed the sum of $736,066.68.

CONTRACTOR shall be compensated only for performance of the Services described in this Agreement.

3. Performance. CONTRACTOR shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement. CONTRACTOR shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of Resolution No. 2023-02
Exhibit "B"

423
Item13.
all reports and other information furnished by CONTRACTOR pursuant to this Agreement, except that CONTRACTOR shall not be responsible for the accuracy of information supplied by the CITY.

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

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

6. Insurance Requirements.
a. CONTRACTOR shall pro cure and maintain , at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limit s no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker's Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit s of no less than $1,000,000 per accident for bodily injury or disease.
(4) If CONTRACTOR maintains broader coverage and/ or higher limits than the minimums otherwise required by this Agreement , the CITY requires and shall be entit led to the broader coverage and/or the higher limits maintained by CONTRACTOR. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobil e Liability endorsement shall be at least as broad as ISO Form CA 20 01.

Resolution No. 2023-02
Exhibit "B"

424
Item13.
(3) Primary Coverage. CONTRACTOR’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. (4) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated in this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardles s of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the C ONTRACTOR, its agents, representatives, employees and subcontractors.
(7) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONTRACTOR shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right , at any point during th e term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwi se assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement . In the event that CONTRACTOR fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop work under this Agreement and/or withhold any payment that becomes Resolution No. 2023-02
Exhibit "B"

425
Item13.
due to CONTRACTOR until CO NTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Indemnification, Duty to Defend, and Hold Harmless.
a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall defend, indemnify, and hold har mless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.

R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. b. All terms and provisions within this Section 7 shall survive the termination of this Agreement.

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

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

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

11. Amendment. This Agreement shall not be amended except in a writi ng signed by the CITY and CONTRACTOR.

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

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

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

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

16. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to Resolution No. 2023-02
Exhibit "B"

426
Item13.
an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

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

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

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

20. Compliance with Laws, Permits, and Licenses. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and l ocal laws, statutes, codes, ordinances , regulations, rules, and other legal requirements in effect during the term of this A greement. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the Services. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRA CTOR to comply with this section.

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

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

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

Resolution No. 2023-02
Exhibit "B"

427
Item13.

24. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.

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

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Dane White, Mayor

Interfaith Community Services

Date: __________________ ___________________________________ Greg Angela, CEO or authorized signator

APPROVED AS TO FORM:

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

BY: __________________________

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

Resolution No. 2023-02
Exhibit "B"

428
Item13.

ATTACHMENT “A”
Scope of Work

A. General

Interfaith Community Services, Inc., a California nonprofit public benefit corporation (“Contractor”) will provide the City of Escondido, a California municipal corporation (“City”) a low- barrier emergency shelter for families experiencing homelessness in compliance with the Capital Improvement Grant Agreement between the County of San Diego and the City effective _____________.

B. Location

Contractor will provide services at the Hawthorne Veteran and Family Resource Center located at 250 N. Ash Street, Escondido, CA 92027.

C. Services

Contractor shall provide the following services:

1. Open a low-barrier, emergency shelter for families experiencing homelessness in the City of Escondido by April 1, 2023.

2. Enroll at least 50 families at the emergency shelter over the next 12 months.

3. All project construction will be completed by 2024.

4. Exit 33 families into permanent and stable housing.

5. Increase the household income (either earned or benefits) for 28 families enrolled in the family shelter program from program entry to exit.

6. Provide onsite mental health therapy to reduce the impact of trauma and interfamily violence.

7. Support educational goals of all children in the shelter.

8. Provide transportation services to families enrolled in the program.

9. Adhere to the rules and regulations stated in the Capital Emergency Housing Grant Program:

Grant Agreement Between the County of San Diego and the City of Escondido.

10. Abide by all requirements outlined in the Regional Shelter Collaboration Agreement between the County of San Diego by and through its Health and Human Services’ Office of Homeless Solutions and City of Escondido effective date of this agreement.

11. Participant data will be tracked in the Homeless Management Information System (HMIS) in accordance with Community Standards adopted by the Regional Task Force on Homelessness.____________.

D. Scheduling

Contractor shall maintain regular communication with Housing and Neighborhood Services Program Manager. Contractor shall meet on a quarterly basis with City staff to discuss referrals, programmatic needs, outcomes, challenges and expenditures. Direct all communication, invoices and concerns to Holly Nelson, Housing and Neighborhood Services, at 760-839-4518 or [email protected].

E. Contract Price and Payment Terms

The contract price shall not exceed $736,066.68. The contract’s budget is outlined in Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference. The budget for this contract is limited to emergency shelter furniture, playground equipment with an outside canopy, security cameras, ADA compliant van, design and permits fees.

Resolution No. 2023-02
Exhibit "B"

429
Item13.

Contractor shall be required to submit all grant expenditures and cont ract outcomes on a City- specific form on a quarterly basis, on the 15 th of each month, throughout the term of this Agreement to the Housing & Neighborhood Services Manager, Holly Nelson. . All expenses listed on the grant expenditure form must be accompani ed by relevant document, such as invoices, receipts, invoices/receipts, credit card statements, check stubs, check copies, copy of canceled checks. The City will provide this information to the County’s administrator promptly after spending the grant funds, but in no event after the end of the Term of Agreement specified above.

Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.

F. Term

The term of this Agreement shall be for two years, commencing on the Effective Date of the Agreement. All grant funds shall be expended within 24 months of the Effective Date.

G. Other

Services provided under this Agreement shall be in accordance with all applicable obligations and requirements set forth in the Capital Improvement Agreement dated _______________ and the Regional Collaboration Agreement dated __________________.

Resolution No. 2023-02
Exhibit "B"

430
Item13.

EXHIBIT 1
Budget

Resolution No. 2023-02
Exhibit "B"

431
Item13.

REGIONAL SHELTER COLLABORATION AGREEMENT

Parties

This Regional Shelter Collaboration Agreement (Agreement) is made between the County of San Diego (County) by and through its Health and Human Services Agency (HHSA) and City of Escondido (City). The parties to this agreement may be referred to herein collectively as the “parties” or individually as a “party”.

Recitals

WHEREAS, the City seeks to expand shelter bed capacity in the City of Escondido for persons experiencing homelessness in and from the City of Escondido to mitigate public health and safety concerns for persons living unsheltered; and

WHEREAS, HHSA provides behavioral health and social services for persons experiencing homelessness; and

WHEREAS, the City and the County have a mutual desire to identify a location at which to site a and operate a homelessness shelter; and

THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises to set forth below, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree to negotiate in good faith for the creation and operation of the homeless shelter with the following as the terms for negotiation:

1. Administration of Agreement:

1.2. A party may change its administrative representative by notifying the other party in writing.

1.3. Each party shall fund the activities required of it under Section 2 of this Agreement and shall not seek or rely on funding from the other party to provide those services or undertake those actions.

1.1. Each party identifies the following individual to serve as the authorized administrative representative for that party.

HHSA
Department of Homeless Solutions
and Equitable Communities
Barbara Jiménez
Community Operations Officer
Health and Human Services Agency
1255 Imperial Ave, Suite 864
San Diego, CA 92101
(619) 338-2722
[email protected]
City of Escondido
Christopher W. McKinney
Deputy City Manager
201 N. Broadway
Escondido, CA 92025
760-839-4090
[email protected]

Resolution No. 2023-02
Exhibit "C"

Item13.

2. Each Party’s Responsibilities:

2.1.1 Provide customary and typical Behavioral Health Services (BHS) continuum of care services.

2.1.2 Provide customary and typical County Public Health education and relevant communicable disease screening tools to the shelter operator.

2.1.3 Provide one Human Services Specialist (HSS) to provide services at the shelter and who will assist individuals obtain HHSA-administered benefits and self-sufficiency resources including, CalWORKs, General Relief, Cal Fresh, Medi-Cal, and Cash Assistance Program for Immigrants (CAPI). The agreement administrators will agree to a schedule for this individual based upon the specific needs of the shelter location and the individuals using its services.

2.2 City of Escondido and Interfaith Community Services shall:

2.2.1 Operate and make available a shelter that shall remain open at all times (including nights, weekends and holidays) and operate the shelter, including providing or causing to be provided staff, three meals (minimally) per day, security, hygiene, storage for resident use, and facility cleaning, and general facility operations and maintenance.

2.2.2 Provide shelter residents with on-site access to showers, restrooms, and laundry.

2.2.3 Provide customary and typical referral, intake, and services coordination.

2.2.4 Provide all needed housing focused case management to assist residence in obtaining longer term or permanent housing.

2.2.5 Provide customary and typical resident transportation resources.

2.2.6 If applicable to the shelter, install fire sprinklers, HVAC, and other critical infrastructure.

2.2.7 Provide ongoing shelter maintenance and operations, including, but not limited to critical infrastructure, repairs, fire sprinklers, and of HVAC.

2.2.8 Relocate individuals still occupying the shelter when this Agreement expires to alternative sites or provide such individuals with placement in other housing options.

2.County shall:

2.3 2.5

2.3.1 Negotiate and execute in good faith any subsequent agreements reasonably necessary to accomplish the objectives set forth in this Agreement.

2.3.2 Work collaboratively to remove barriers to housing for persons experiencing homelessness who are residents of shelter.

2.3.3 Share non-program and non-confidential customer information for purposes of services coordination.

2.3.4 Track and share aggregate data on customer participation in this joint effort and outcomes for purposes of services improvement and trends analysis when requested, including using the Homeless Management Information System (HMIS) in accordance with the Community Standards adopted by the Regional Continuum of Care.

Resolution No. 2023-02
Exhibit "C"

433
Item13.

2.3.5 Engage appropriate stakeholders and work collaboratively on community engagement, including persons with lived experience.

2.3.6 Execute customary Data Sharing Agreements if individual level data is requested to be shared.

2.3.7 Cooperate in good faith to obtain required local or state land use approvals necessary to effectuate the terms of this Agreement.

2.3.8 Collaborate in good faith for all relevant public engagement and public and media communications

3. Insurance: Each Party must obtain at its own cost and expense and keep in force and effect during the term of this Agreement, including all policies of insurance or programs of self- insurance with policy limits in sufficient amounts to cover any and all potential liabilities of such Party hereunder. The applicable minimum policy limits shall in no way limit each Party's indemnification obligations.

4. Indemnity: The City and the County agree to indemnify each other from any claim, action, or proceeding against the other party arising solely out of the indemnifying party’s actions or omissions in the performance of this Agreement. The City will further agree to defend itself, and the County will agree to defend itself, from any claim, action, or proceeding arising out of the concurrent acts or omissions of the County and the City. In such cases, the County and the City agree to retain their own legal counsel and bear their own defense costs. Notwithstanding the foregoing sentence, where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, the County and the City may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault.

5. Retention of Discretion: The parties shall comply with all applicable requirements under the California Environmental Quality Act (CEQA) prior to effectuating the terms of this Agreement.

Nothing in this Agreement is intended to constitute an action that would foreclose the County or the City from considering any alternatives or mitigation measures identified through any documents required by CEQA or from making any findings required by CEQA. Nothing in this Agreement is intended to limit or prohibit the County or the City from taking any action necessary to comply fully with its legal obligations under CEQA prior to effectuating the terms of this Agreement.

6. Conformance with Rules and Regulations: Both parties shall act in conformity with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices, and certificates as are required. All Parties shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health, and sanitation.

7. Permits and Licenses: Both parties certify that it possesses and shall continue to maintain or shall cause to be obtained and maintained, at no cost to County, all approvals, permissions, permits, licenses, and other forms of documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and regulations, or other laws, that may be applicable to performance of services hereunder. County reserves the right to reasonably request and review all such applications, permits, and licenses prior to the commencement of any services hereunder.

Resolution No. 2023-02
Exhibit "C"

434
Item13.

8. Governing Law: This Agreement shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California.

9. Third Party Beneficiaries Excluded: This Agreement is intended solely for the benefit of the parties listed herein. Any benefit to any third party is incidental and does not confer on any third party to this Agreement any rights whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is specifically prohibited.

10. Amendments to Agreement: Either Party may propose amendments to this Agreement by providing written notice of such amendments to the other Party. This Agreement may only be amended by a written amendment signed by both parties.

11. Severability: If any terms or provisions of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term and provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and every other term and provision of this Agreement shall be valid and enforced to the maximum extent permitted by law.

12. Full Agreement: This Agreement represents the full and entire agreement between the parties and supersedes any prior written or oral agreements that may have existed.

13. Scope of Agreement: This Agreement only applies to the program described herein and does not set forth any additional, current, or future obligations or agreements between the parties, except that the parties may by written amendment amend the scope of this Agreement.

14. Information Privacy and Security Provisions: Both parties agree to maintain the confidentiality of any information from County or City records that the County or the City, its clients, employees, or agents may have contact within the context of providing services under this Agreement that is privileged or confidential under applicable federal, State, County, and local laws, rules and regulations, current and hereinafter enacted. Each party to this Agreement is subject to its own confidentiality statutes, regulations, rules, or policies and procedures, and agrees to keep all client information confidential and comply with all applicable statutory and administrative requirements governing the confidentiality of client information served by parties under this Agreement, including but are not limited to: 45 CFR Parts 160 and 164, 45 CFR 205.50; W&I Code sections 10850 & 14100.2; 22 CCR section 51009; and Health Insurance Portability and Accountability Act of 1996 (HIPAA). Each Party hereby acknowledges adherence to its own applicable confidentiality provisions in law and policy. Except where otherwise permitted by law, all notes, records, discussions or any other document, in whatever format, paper or electronic are considered confidential and no records or information shall be disclosed among parties prior to the receipt of the completed and signed consent form from the individual who is the subject. Each party to this Agreement understands and acknowledges that there may be some case information that may not be legally disclosed outside an individual member agency, even with a valid consent from the individual client. Release of Information obtained under this Agreement is solely for the purpose stated in this Agreement.

Resolution No. 2023-02
Exhibit "C"

435
Item13.

15. Live Well San Diego Vision: The County of San Diego, Health and Human Service Agency (HHSA), supports the Live Well San Diego vision of Building Better Health, Living Safely, and Thriving. Live Well San Diego, developed by the County of San Diego, is a comprehensive, innovative regional vision that combines the efforts of partners and contractors inside and outside County government to help all residents be healthy, safe, and thriving. All HHSA partners and contractors, to the extent feasible, are expected to advance this vision. Building Better Health focuses on improving the health of residents and supporting healthy choices. Living Safely seeks to ensure residents are protected from crime and abuse, neighborhoods are safe, and communities are resilient to disasters and emergencies. Thriving focuses on promoting a region in which residents can enjoy the highest quality of life. Information about the Live Well San Diego can be found on the County’s website and a website dedicated to the vision:
• http://www.sdcounty.ca.gov/hhsa/programs/sd/live_well_san_diego/index.html • http://www.LiveWellSD.org

16. A Trauma-Informed System: The County of San Diego HHSA are committed to becoming a Trauma-Informed System as part of their efforts to build a better service delivery system. All programs operated and supported by HHSA shall be part of a Trauma-Informed System, which includes providing trauma-informed services and maintaining a trauma-informed workforce. It is an approach for engaging individuals – staff, clients, partners, contractors, and the community – and recognizing that trauma and chronic stress influence coping strategies and behavior.

Trauma-informed systems and services minimize the risk of re-traumatizing individuals and/or families, and promote safety, self-care, and resiliency. Trauma-Informed Principles include:
• Understanding trauma and its impact to individuals.
• Promoting safety.
• Awareness of cultural, historical, disability, and gender issues, and ensuring competence and responsiveness.
• Supporting consumer empowerment, control, choice, and independence. • Sharing power and governance (e.g. including clients and staff at all levels in the development and review of policies and procedures).
• Demonstrating trustworthiness and transparency.
• Integrating services along the continuum of care.
• Believing that establishing safe, authentic, and positive relationships can be healing. • Understanding that wellness is possible for everyone.

17. Term: This Agreement shall become effective on the date all parties have signed this Agreement and be in force for one year with two, one-year options.

18. Termination for Convenience: Either party may, by written notice to the other party stating the extent and effective date, terminate this Agreement for convenience in whole or in part, at any time.

19. Counterparts: This Agreement may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument.

Remainder of this page is intentionally left blank.

Resolution No. 2023-02
Exhibit "C"

436
Item13.

County of San Diego

Dated: __________________________ By: _____________________________________

NICK MACCHIONE, FACHE
Agency Director
Health and Human Services Agency

City of Escondido

Dated: __________________________ By: _____________________________________ CHRISTOPHER W. MCKINNEY
Deputy City Manager
City of Escondido

Dated: __________________________ By: _____________________________________

GREG ANGELA
Executive Director
Interfaith Community Services

Interfaith Community Services
Resolution No. 2023-02
Exhibit "C"

437
Item13.

KEY-

CONSENT CALENDAR CURRENT BUSINESS

PUBLIC HEARING WORKSHOP
2/22/23 - NO MEETING (PRESIDENT'S DAY)
3/1/23 - NO MEETING
3/8/2023
PRESENTATION: Gina Lopez, Executive Director of the CCAE CONSENT CALENDAR - (C. MCKINNEY) - WASTEWATER SERVICE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR FELICITA PARK - Request the City Council adopt Resolution No. 2023-10, authorizing the Mayor to execute a out-of-agency service agreement for wastewater service with the County of San Diego for Felicita Park.

PUBLIC HEARING - (A. FIRESTINE) - MASTER AND PRECISE DEVELOPMENT PLAN - Adoption of a Master Plan and approval of a Precise Development Plan for a drive-through facility.

PUBLIC HEARING - (C. MCKINNEY/H. NELSON) - EASTWOOD MEADOWS LONG FORM APPLICATION - Request the City Council (rent review board) to review and vote on the rent increase proposed.

CURRENT BUSINESS - (C. HOLMES) - FINANCIAL REPORT FOR THE QUARTER ENDED DECEMBER 31, 2022 AND BUDGET ADJUSTMENT REQUEST - It is requested that the City Council receive and file the second quarter financial report and approve a budget adjustment to amend the fiscal year 2022/23 operating budget.
3/15/2023 - B&C INTERVIEWS

438
Item14.