Agenda packet — Escondido City Council, March 8, 2023 (part 1 of 2)

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, MARCH 08, 2023
4:00 PM - Closed Session (Parkview Conference Room)
5:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

WELCOME TO YOUR CITY COUNCIL MEETING
We welcome your interest and involvement in the legislative process of Escondido. This agenda includes information about topics coming before the City Council and the action recommended by City staff.

MAYOR
Dane White

DEPUTY MAYOR
Joe Garcia (District 2)

COUNCILMEMBERS
Consuelo Martinez (District 1)
Christian Garcia (District 3)
Michael Morasco (Disctrict 4)

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

HOW TO WATCH
The City of Escondido provides three ways to watch a City Council meeting:

In Person On TV Online
201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.org 1 Wednesday, March 08, 2023

HOW TO PARTICIPATE
The City of Escondido provides two ways to communicate with the City Council during a meeting:

In Person In Writing
Fill out Speaker Slip and Submit to City Clerk https://escondido-ca.municodemeetings.com

ASSISTANCE PROVIDED
If you need special assistance to participate in this meeting, please contact our ADA Coordinator at 760-839-4869.

Notification 48 hours prior to the meeting will enable to city to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired – please see the City Clerk. 2 Wednesday, March 08, 2023

CLOSED SESSION
4:00 PM

CALL TO ORDER

1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is within the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.

CLOSED SESSION
I. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code § 54956.9(d) (2))
a. February 15, 2023 correspondence from the San Luis Rey Indian Water Authority b. Claims relating to damages to private property at the Casa Grande Estates Mobile Home Park associated with sinkholes
II. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Government Code § 54956.9(d)(1)) a. Karina Sandoval, et. al. v. Austin, et. al
San Diego Superior Court Case No. 37-2021-00027288-CU-PA-NC III. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)) a. Title: City Attorney

ADJOURNMENT
3 Wednesday, March 08, 2023

REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION
City Council agendas allow an opportunity for a moment of silence and reflection at the beginning of the evening meeting. The City does not participate in the selection of speakers for this portion of the agenda, and does not endorse or sanction any remarks made by individuals during this time. If you wish to be recognized during this portion of the agenda, please notify the City Clerk in advance.

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

CALL TO ORDER
Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

PRESENTATIONS
Gina Lopez, Executive Director of the CCAE

CLOSED SESSION REPORT

CONSENT CALENDAR
Items on the Consent Calendar are not discussed individually and are approved in a single motion. However, Council members always have the option to have an item considered separately, either on their own request or at the request of staff or a member of the public.

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) - 4 Wednesday, March 08, 2023

2. APPROVAL OF WARRANT REGISTER (COUNCIL) -
Request the City Council approve the City Council and Housing Successor Agency warrant numbers:
 370756 – 370958 dated February 8, 2023
 370959 – 371193 dated February 15, 2023
 371194 – 371294 dated February 22, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: Regular Meetings of February 8, 2023 and February 15, 2023

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –

5. WASTEWATER SERVICE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR FELICITA PARK Request the City Council adopt Resolution 2023-10, authorizing the Mayor to execute an out-of-agency service agreement for wastewater service with the County of San Diego for Felicita Park.

Staff Recommendation: Approval (Utilities Department: Christopher W. McKinney, Deputy City Manager/Director of Utilities)
Presenter: Kyle Morgan, Deputy Director of Utilities/Wastewater a) Resolution No. 2023-10

6. NOTICE OF COMPLETION FOR THE LINDLEY RESERVOIR REPLACEMENT PROJECT Request the City Council adopt Resolution No. 2023-21, authorizing the Deputy City Manager/Director of Utilities to file a Notice of Completion for the Lindley Reservoir Replacement Project.

Staff Recommendation: Approval (Utilities Department: Christopher W. McKinney, Deputy City Manager/ Director of Utilities)
Presenter: Angela Morrow, Deputy Director of Utilities/ Construction and Engineering a) Resolution No. 2023-21
5 Wednesday, March 08, 2023

7. CONSTRUCTION CONTRACT AWARD FOR THE STORM DRAIN REHABILITATION PROJECT, PHASE III Request the City Council adopt Resolution No. 2023-22, awarding the construction contract to Sancon Technologies, Inc., determined to be the lowest responsible and responsive bidder, and authorizing the Mayor to execute, on behalf of the City, a Public Improvement Agreement in the amount of $906,142 for the Storm Drain Lining and Rehabilitation Project, Phase III (“Project”).

Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Development Services Director, and Julie Procopio, City Engineer)
Presenter: Allen Yun, Management Analyst II
a) Resolution No. 2023-22

8. FINAL MAPS UNDER CONSIDERATION FOR APPROVAL
Request the City Council approve the following Final Maps that have been filed for approval by the City Engineer in accordance with Ordinance 2022-02: Tract SUB15-0023 at South Centre City Parkway and Brotherton Road: Del Prado South Condominium Project
Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Julie Procopio, City Engineer

9. CLEAN CALIFORNIA STATE BEAUTIFICATION PROGRAM COOPERATIVE AGREEMENT FOR CONSTRUCTION OF LANDSCAPE IMPROVEMENTS AND MONUMENT SIGNAGE ON CA-78 NEAR

ESCONDIDO BOULEVARD
Request the City Council adopt Resolution No. 2023-24, authorizing the Mayor to execute the Cooperative Agreement with the California Department of Transportation (Caltrans) for construction of landscape improvements and an Escondido monument sign on State Route-78 near Escondido Boulevard, and related budget adjustment.

Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Development Services Director and Julie Procopio, City Engineer)
Presenter: Jonathan Schauble, Principal Engineer
a) Resolution No. 2023-24
6 Wednesday, March 08, 2023

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

SOLUTIONS GRANT, EXECUTION OF GRANT AGREEMENT TO ADDRESS FAMILY HOMELESSNESS, AND EXECUTION OF SUBCONTRACT WITH INTERFAITH COMMUNITY SERVICES, INC.

Request the City Council 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; 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 Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Holly Nelson, Housing and Neighborhood Services Manager a) Resolution No. 2023-02

CONSENT RESOLUTIONS AND ORDINANCES (COUNCIL/RRB)
The following Resolutions and Ordinances were heard and acted upon by the City Council/RRB at a previous City Council/Mobilehome Rent Review meeting. (The title of Ordinances listed on the Consent Calendar are deemed to have been read and further reading waived.)

11. 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
Approved on February 15, 2023 with a vote of 5/0
a) Ordinance No. 2023-05 (Second Reading and Adoption)

12. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, APPROVING THE 2022 OMNIBUS THAT AMENDS VARIOUS ARTICLES OF THE ESCONDIDO ZONING CODE; CASE NO.:

PL22-0645
Approved on February 15, 2023 with a vote of 5/0
a) Ordinance No. 2023-06 (Second Reading and Adoption)
7 Wednesday, March 08, 2023

13. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, APPROVING THE

BUSINESS RECOVERY ORDINANCE MODIFICATIONS THAT AMEND VARIOUS ARTICLES OF THE ESCONDIDO ZONING CODE; CASE NO.: PL23-0005
Approved on February 15, 2023 with a vote of 5/0
a) Ordinance No. 2023-07 (Second Reading and Adoption)

CURRENT BUSINESS

14. USE OF COMMUNITY FACILITIES DISTRICT POLICY (CFD) TO FINANCE DEVELOPMENT IMPACT FEES FOR NUTMEG 134, LLC
Request the City Council provide direction to staff, as appropriate, to either: 1) support the creation of a CFD for the purpose of financing development impact fees for Nutmeg 134, LLC; or 2) decline to support the creation of this CFD.

Staff Recommendation: Provide Direction (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Andrew Firestine

15. FINANCIAL REPORT FOR THE QUARTER ENDED DECEMBER 31, 2022 AND BUDGET ADJUSTMENT

REQUEST
Request the City Council receive and file the second quarter financial report, approve a budget adjustment to amend the fiscal year 2022/23 operating budget, and adopt Resolution No. 2023-26, authorizing a services agreement with Avolve Software Corporation in an amount not to exceed $579,000 to provide SaaS (Software as a Service) and the implementation of ProjectDox for plan review processes.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes
a) Resolution No. 2023-26

16. APPOINTMENT OF COUNCIL AD-HOC SUBCOMMITTEE ON HOMELESSNESS Request the City Council appoint a council Ad-Hoc Subcommittee on homelessness.

Staff Recommendation: Discussion (City Council: Dane White, Mayor) Presenter: Mayor Dane White
8 Wednesday, March 08, 2023

FUTURE AGENDA

17. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck)

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

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, March 15, 2023 4:00 & 5:00 PM Regular Meeting, Council Chambers (B&C Interviews) Wednesday, March 22, 2023 4:00 & 5:00 PM Regular Meeting, Council Chambers

SUCCESSOR AGENCY
Members of the Escondido City Council also sit as the Successor Agency to the Community Development Commission, Escondido Joint Powers Financing Authority, and the Mobilehome Rent Review Board. 9 Consent Item No. 1 March 8, 2023

A F F I D A V I T S
OF

I T E M
P O S T I N G –
10 Item1.

STAFF REPORT
March 8, 2023
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER (COUNCIL)

DEPARTMENT
Finance

RECOMMENDATION
Request approval for City Council and Housing Successor Agency warrant numbers:
370756 – 370958 dated February 8, 2023
370959 – 371193 dated February 15, 2023
371194 – 371294 dated February 22, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

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

February 2 – February 8, 2023, is $2,188,155.85
February 9 – February 15, 2023, is $5,246,059.95
February 16 – February 22, 2023, is $615,384.18

BACKGROUND
The Escondido Municipal Code Section 10-49 states that warrants or checks may be issued and paid prior to audit by the City Council, provided the warrants or checks are certified and approved by the Director of Finance as conforming to the current budget. These warrants or checks must then be ratified and approved by the City Council at the next regular Council meeting. 11 Item2.

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CLOSED SESSION
4:00 PM Regular Session

CALL TO ORDER
Roll Call: Garcia, Garcia, Martinez, Morasco, White

ORAL COMMUNICATIONS
Robroy Fawcett – Expressed concern regarding the federal funds rate.

CLOSED SESSION
I. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54956.8) Property: 272 E. Via Rancho Pkwy, Escondido
City Negotiators: Sean McGlynn, City Manager, Michael McGuinness, City Attorney, or designees
Negotiating Parties: (i) Larry Green, L. Green Investment & Development, LLC; (ii) Kimberly Brewer, Unibail-Rodamco-Westfield; (iii) D. Scott Carr, Transformco; (iv) Maura Brancaccio, Costco Wholesale Corporation Under Negotiation: Terms of lease and REA II. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Government Code § 54956(d)(1))
a. In re National Prescription Opiate Litigation
United States District Court, Northern District of Ohio, Eastern Div.

Case No. 1:17-MD-2804

b. City of Escondido v. All Interested Persons in the Matter of the Issuance and Sale of Pension Obligation Bonds etc. (Validation Action)
San Diego Superior Court Case No. 37-2022-00025425-CU-PT-NC

c. Touchstone MF Fund I, LLC v. City of Escondido, et. al.

San Diego Superior Court Case No. 37-2020-00020856-CU-BC-NC

ADJOURNMENT
Mayor White adjourned the meeting at 4:50 p.m.
______________________________ _______________________________

MAYOR CITY CLERK
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REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION
City Council agendas allow an opportunity for a moment of silence and reflection at the beginning of the evening meeting. The City does not participate in the selection of speakers for this portion of the agenda, and does not endorse or sanction any remarks made by in dividuals during this time. If you wish to be recognized during this portion of the agenda, please notify the City Clerk in advance.

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

CALL TO ORDER
Ceremonial Swearing In: Christian Garcia, City Council District 3 Roll Call: Garcia, Garcia, Martinez, Morasco, White

PROCLAMATIONS
Black History Month

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
Nancy Burian – Expressed concern regarding pop-up tent businesses in Escondido.

CONSENT CALENDAR
Motion: J. Garcia; Second: Morasco; Approved: 5-0

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) -

2. APPROVAL OF WARRANT REGISTER (COUNCIL) -
Request the City Council approve the City Council and Housing Successor Agency warrant numbers:
 370143 – 370365 dated January 18, 2023
13 Item3.

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 370366 – 370571 dated January 25, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: Special Meetings of January 25, 2023 and January 30, 2023

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –

5. APPROVAL TO ANNEX PROPERTY TO CITYWIDE SERVICES COMMUNITY FACILITIES DISTRICT (CFD) 2020-1, ZONE 8
Request the City Council adopt Resolution No. 2023-15 annexing seven (7) projects containing 16 units into the Citywide Services CFD 2020-1. Each property owner has provided a signed form consenting to annexation as a streamlined method for offsetting the cost of ongoing municipal services. (File Number 0850-20)
Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Andrew Firestine
a) Resolution No. 2023-15

6. AMENDMENT AND READOPTION OF CITY COUNCIL RULES AND PROCEDURES Request the City Council adopt Resolution No. 2023-19, amending the City Council Rules of Procedure for City Council meetings and City Council Policies to change Section A.7 to allow for a council member motion and second before further consideration of an agenda item. (File Number 0610-90)
Staff Recommendation: Approval (City Attorney's Office: Michael R. McGuinness, City Attorney) Presenter: Michael R. McGuinness
a) Resolution No. 2023-19

7. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA,

APPROVING A PREZONE TO PLANNED DEVELOPMENT-RESIDENTIAL AND MASTER AND PRECISE DEVELOPMENT PLAN FOR A 102-UNIT CONDOMINIUM DEVELOPMENT 14 Item3.

February 8, 2023 Escondido City Council Minutes Page 4 of 7

Approved on January 11, 2023 with a vote of 4/0
a) Ordinance No. 2023-03 (Second Reading and Adoption)

PUBLIC HEARINGS

8. CONWAY RESIDENTIAL SUBDIVISION (CONTINUED)
Request the City Council adopt Resolution No. 2023-06, approving a Tentative Subdivision Map, Annexation/Reorganization, and Grading Exemption, for a 56-unit residential subdivision located at 916, 942, and 943 Stanley Avenue, and 2005 – 2175 Conway Drive (odd-numbered addresses only) (“Project”). The request also includes the adoption of a Final Mitigated Negative Declaration prepared for the Project pursuant to the California Environmental Quality Act. (File Number 0800-10)
Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Adam Finestone, City Planner
a) Resolution No. 2023-06
John Kay – Expressed support for this item.

David Ferguson – Expressed support for this item.

David Drake – Expressed opposition to this item.

Tom Kennedy – Expressed opposition to this item.

Greg Quist – Expressed opposition to this item.

Kelsey Quist – Expressed opposition to this item.

Brigdget Keefer – Expressed opposition to this item.

Carla Romo – Expressed opposition to this item.

Armando Romo – Expressed opposition to this item.

Karen Begin – Expressed support for this item.

Barry Baker – Expressed support for this item.
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Paul Krupka – Expressed opposition to this item.

Cindy Quist – Expressed opposition to this item.

Pamela Stahl – Expressed opposition to this item.

Motion to approve the project with the condition that the moving costs be increased to $5,000 and the tenant vacation to 90-days: Martinez; Second: J. Garcia; Approved: 4-1 (White – No)

CURRENT BUSINESS

9. TRUNK SEWER REPLACEMENT PROJECT: BID AWARD, CONSULTING AGREEMENTS, AND

BUDGET ADJUSTMENT
Request the City Council take the following actions: Adopt Resolution No. 2023-12, authorizing the Mayor to execute a Public Improvement Agreement in the amount of $8,482,904.64 with Southland Paving, Inc., the lowest responsive and responsible bidder, for construction of the Trunk Sewer Replacement Project (“Project”); Adopt Resolution No. 2023-13, authorizing the Mayor to execute a Consulting Agreement in the amount of $1,402,240 with Arcadis U.S., Inc. for construction management services for the Project; Adopt Resolution No. 2023-14, authorizing the City Manager to execute a Consulting Agreement in the amount of $155,560 with Infrastructure Engineering Corporation for engineering services during construction of the Project; and approve a Budget Adjustment in the amount of $9,400,000. (File Number 0600- 10; A-3441-a, A-3441-b, A-3441-c)
Staff Recommendation: Approval (Utilities Department: Christopher W. McKinney, Deputy City Manager/Director of Utilities)
Presenter: Angela Morrow, Deputy Director of Utilities/Construction and Engineering a) Resolution No. 2023-12
b) Resolution No. 2023-13
c) Resolution No. 2023-14
Bob Wise – Expressed support for this item.

Motion: Martinez; Second: J. Garcia; Approved: 5-0

FUTURE AGENDA

10. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the 16 Item3.

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City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck) Councilmember Morasco – Overview of street Vendors business licenses, tax collection and grocery carts.

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
Councilmember Martinez – Attended a San Diego County Water Authority Board Meeting.

Councilmember Morasco – Attended the Building Industry Association Installation Ceremony.

Deputy Mayor Joe Garcia – Attended a Clean Energy Alliance Board Meeting. Attended the New Mayor and Councilmember League of California Cities Conference.

Councilmember Christian Garcia – Thanked the community for the opportunity to serve.

Mayor White - Attended the New Mayor and Councilmember League of California Cities Conference.

CITY MANAGER’S WEEKLY ACTIVITY REPORT
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development. This report is also available on the City’s website, www.escondido.org.

ORAL COMMUNICATIONS
Yusef Miller – Requested more affordable, inclusionary housing be built and that pesticides not be used in Escondido.

Naeem Miller – Expressed concern regarding pesticides, toxins and secondhand smoke in the community.

Suzanne Hume – Thanked the City for permitting a Clean Earth 4 Kids evet at Kit Carson Park. Requested the City Council not permit the use of gas-powered leaf blowers and pesticides in Escondido.

John Bottorff – Requested the City Council adopt a Building Electrification Ordinance.

ADJOURNMENT
17 Item3.

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Mayor White adjourned the meeting at 7:30 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

18 Item3.

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REGULAR SESSION
5:00 PM Regular Session

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

CALL TO ORDER
Roll Call: Garcia, Garcia, Martinez, Morasco, White

PRESENTATIONS
Library Board of Trustees Annual Presentation

ORAL COMMUNICATIONS
None.

CONSENT CALENDAR
Motion: Martinez; Second: Morasco; Approved: 5-0

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) -

2. APPROVAL OF WARRANT REGISTER (COUNCIL) -
Request the City Council approve the City Council and Housing Successor Agency warrant numbers:
 370572 – 370755 dated February 1, 2023.

Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: None
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4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –

5. ANNUAL STATE MANDATED INSPECTION COMPLIANCE REPORT
Request the City Council adopt Resolution 2023-05 acknowledging the Fire Department’s report of compliance with annual State mandated inspections. The Report indicates the Escondido Fire Department has conducted 100% of Educational Group E occupancies and 100% of Residential Group R occupancies as required by state law. (File Number 0320-10) Staff Recommendation: Approval (Fire Department: Rick Vogt, Fire Chief) Presenter: La Vona Koretke, Deputy Fire Marshal
a) Resolution No. 2023-05

6. TREASURER’S INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2022 Request the City Council approve the Quarterly Investment Report for the quarter ended December 31, 2022. (File Number 0490-55)
Staff Recommendation: Approval (Finance Department: Douglas Shultz, City Treasurer) Presenter: Douglas Shultz

7. BID AWARD FOR ESCONDIDO CREEK TRAIL LIGHT FIXTURE PURCHASE Request the City Council adopt Resolution No. 2023-11, authorizing the Mayor to execute, on behalf of the City, a Purchase Agreement with Walters Wholesale Electric Co. in an amount not to exceed $770,952.02 for the purchase of light poles and light pole materials for the Escondido Creek Trail Expansion Project. (File Number 0470-18) Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works)
Presenter: Nick Gilliand, Public Works Superintendent
a) Resolution No. 2023-11

8. RYAN PARK LED LIGHTING RETROFIT PROJECT
Request the City Council adopt Resolution No. 2023-18, authorizing the Mayor to execute an agreement with MUSCO Sports Lighting, LLC (“MUSCO”) for equipment to retrofit five (5) existing soccer fields at Francis Ryan Park with light-emitting diode (“LED”) technology in an amount not to exceed $440,500 utilizing American Rescue Plan Act of 2021 (“ARPA”) funds. (File Number 0600-10; A-3443)
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Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works)
Presenter: Wayne Thames, Public Works Superintendent
a) Resolution No. 2023-18

PUBLIC HEARINGS

9. 2022 OMNIBUS ZONING CODE UPDATE (PL22-0645)
Request the City Council adopt Ordinance No. 2023-06, amending the Escondido Zoning Code (Articles 1, 6, 16, 22, 26, 27, 39, 44, 47, 49, 56, 57, 61, 63, 64, 66, 67, 70, and 73) to address state laws, correct errors, and clarify or improve existing regulations. The proposed code amendments are categorically or statutorily exempt from further environmental review pursuant to Public Resources Code section 21080.17 and CEQA guidelines sections 5282(h), 15301, 15303, or does not qualify as a “project” under CEQA. (File Number 0810-20) Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Veronica Morones, Principal Planner
a) Ordinance No. 2023-06 (First Reading and Introduction) Mark Skovorodko – Expressed support for this item and requested the City Council investigate parking options that could assist economic development.

Motion: J. Garcia; Second: Martinez; Approved: 5-0

10. BUSINESS RECOVERY ORDINANCE MODIFICATIONS (PL23-0005) Request the City Council conduct a public hearing on the proposed Business Recovery Ordinance Modifications and act on the recommendation of the Planning Commission, which recommends the City Council: Introduce Ordinance No. 2023-07, amending the Escondido Zoning Code (EZC) to make permanent a series of temporary business relief measures adopted previously as an uncodified ordinance by the Escondido City Council through Ordinance No. 2020-23, specifically including amendments to the following articles: Articles 26 (Industrial Zones), 39 (Off-Street Parking), 57 (Miscellaneous Use Restrictions), and 66 (Sign Ordinance). (File Number 0810-20)
Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
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Presenter: Andrew Firestine
a) Ordinance No. 2023-07 (First Reading and Introduction) Motion: C. Garcia; Second: Morasco; Approved: 5-0

11. NORTHEAST GATEWAY PROJECT - SPECIFIC PLAN AMENDMENT, DEVELOPMENT

AGREEMENT, TENTATIVE SUBDIVISION MAP AND GRADING EXEMPTION FOR THE DEVELOPMENT OF 64 SINGLE-FAMILY RESIDENTIAL LOTS - PL22-0145, PL22-0146, PL22-0147 AND PL23-0032
Request the City Council conduct a public hearing on the development proposal and take action on the recommendations of City staff and the Planning Commission, which recommends that the City Council: Adopt Resolution No. 2023-20 adopting an Addendum to the Northeast Gateway Final Environmental Impact Report (FEIR), Mitigation Monitoring and Reporting Program and making certain Findings of Fact in conformance with the California Environmental Quality Act (CEQA), and approving a Tentative Subdivision Map and Grading Exemption; and introduce Ordinance No. 2023-05 for a Specific Plan Amendment and Development Agreement. (File Number 0800-10)
Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Jay Paul, Senior Planner
a) Resolution No. 2023-20
b) Ordinance No. 2023-05 (First Reading and Introduction) Douglas Lockwood – Expressed concern regarding the street alignment of the project.

Troy Fredeck- – Expressed support for this item.

Roleen Smith – Expressed support for this item.

Motion: Morasco; Second: J. Garcia; Approved: 5-0

CURRENT BUSINESS

12. CITY OF ESCONDIDO’S RESPONSE TO THE IMPACTS OF HOMELESSNESS Request the City Council provide feedback and direction to the City's response regarding the impacts of homelessness. (File Number 0110-20)
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Staff Recommendation: Receive and File; Provide Feedback and Direction (City Manager's Office: Christopher McKinney, Deputy City Manager/Director of Utilities; Police Department:

Edward Varso, Chief of Police)
Presenters: Christopher McKinney and Edward Varso
Alex Garvin – Requested the City do more to assist the unhoused population, including building more inclusionary housing.

Hannah Jarrell – Requested the City do more to assist the unhoused population.

Clay Scheller – Requested the City do more to assist the unhoused population.

Victoria Baron – Requested the City do more to assist the unhoused population.

Sean Pike – Requested reduce funding to the police department and adopt a housing first model to address homelessness.

Greg Anglea – Thanked the City for partnering with Interfaith Community Services to provide shelter to many members of the unhoused population.

Juliana Musheyev– Expressed concern regarding how the police interact with the unhoused population.

Cynthia Nambo – Thanked the City for partnering with Escondido COMPACT.

Huitzilopochtli Marron – Requested the City do more to assist the unhoused population.

Mustafa Al Ghanimi – Requested the City do more to assist the unhoused population.

Tyler Sieckman – Requested the City do more to assist the unhoused population.

Zachary Bowersock – Requested the City do more to assist the unhoused population.

Tyler Sieckman – Requested the City do more to assist the unhoused population.

Danny Colmenarez – Requested the City do more to assist the unhoused population.

Nova Birch – Requested the City do more to assist the unhoused population.

Gloria Conejo – Requested the City include more community-based organizations for homeless services contracts in regards to the categories of "prevention" and "outreach." 23 Item3.

February 15, 2023 Escondido City Council Minutes Page 6 of 7

Marissa Allen – Requested the City do more to assist the unhoused population.

Chris Nava – Requested the City do more to assist the unhoused population.

Emily Von Gerichten – Requested the City do more to assist the unhoused population.

Joanne Tenney – Requested the City do more to assist the unhoused population.

13. 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.

Request the City Council 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; 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 in support of the Project and the Grant Agreement, and enter into a Regional Shelter Collaboration Agreement with the County of San Diego and its Health and Human Services Agency (HHSA) (“the HHSA Agreement”). (File Number 0480-70) Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Christopher McKinney, Deputy City Manager/Director of Utilities a) Resolution No. 2023-02
Item moved to March 8, 2023.

FUTURE AGENDA

14. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck) White – Formation of an Ad-Hoc Homelessness Subcommittee. 24 Item3.

February 15, 2023 Escondido City Council Minutes Page 7 of 7

Garcia – Building housing on vacant land.

ORAL COMMUNICATIONS
None.

ADJOURNMENT

Mayor White adjourned the meeting at 8:27 p.m.

______________________________ _______________________________

MAYOR CITY CLERK
25 Item3.
26 Item4.

STAFF REPORT

March 8, 2023
File Number 0600-10; A-3446

SUBJECT

WASTEWATER SERVICE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR FELICITA PARK

DEPARTMENT
Utilities Department, Wastewater Division

RECOMMENDATION
Request the City Council adopt Resolution 2023-10, authorizing the Mayor to execute an out-of-agency service agreement for wastewater service with the County of San Diego for Felicita Park.

Staff Recommendation: Approval (Utilities: Christopher W. McKinney, Deputy City Manager/Director of Utilities)
Presenter: Kyle Morgan, Deputy Director of Utilities/Wastewater

FISCAL ANALYSIS
The out-of-agency service agreement provides an economical means of providing wastewater services to Felicita County Park through the City of Escondido (“City”) . The County of San Diego (“County ”), as the property owner, will be required to pay initial connection and on-going fees outlined in the Out-of-Agency Service Agreement for Felicita Park (“Exhibit A”), including: administrative costs ; capacity fees; and wastewater service fees.

PREVIOUS ACTION
The City requested approval from San Diego Land Agency Formation Commission (“LAFCO”) in July 2022 to provide contract wastewater service through an out -of-agency service agreement to the unincorporated Felicita County Park located at 742 Clarence Lane, Escondido CA. At this time, the City also requested a waiver of LAFCO’s usual requirement for an accompanying irrevocable offer of annexation. In October 2022, LAFCO approved the City’s request to provide contract wastewater services and waive the policy that would otherwise require the City to file for annexation, allowing Felicita County Park to remain unincorporated.

BACKGROUND
The County has requested wastewater service by the City to the Felicita County Park property located at 742 Clarence Lane. The City operates wastewater collection facilities largely within a service area that aligns with City limits, with a comparatively smaller portion falling beyond the City’s incorporated 27 Item5.

boundaries. These smaller areas served by public sewer are managed through out -of-agency service agreements. Felicita County Park does not lie within City limits, but is located immediately adjacent to the City’s jurisdictional boundary and within the City’s sphere of influence. The County park currently operates on an underground septic disposal system , which is unreliable and inadequate to support the County’s current park programming, as well as planned improvements. The existing septic system would need to be replaced in order to reliably support current park programming and accommodate larger events . The purpose of the request for out-of-agency wastewater service is to accommodate current operation and planned improvements to Felicita County Park while retaining the County’s land use control. The City has wastewater collection and treatment facilities in close pro ximity to the subject property and can accommodate flows generated by the park.

RESOLUTIONS
a. Resolution No. 2023-10
b. Resolution No. 2023-10 Exhibit “A”: Out-of-Agency Wastewater Service Agreement with the County of San Diego

28 Item5.

RESOLUTION NO. 2023-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR TO

EXECUTE AN OUT -OF-AGENCY WASTEWATER SERVICE

AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR
FELICITA PARK LOCATED AT 742 CLARENCE LANE

WHEREAS, the City of Escondido (“City”) has received a request from the County of San Diego (“County”) to provide sewer service to Felicita County Park located at 742 Clarance Lane (“Property”); and WHEREAS, the City Council of the City of Escondido has received approval from the San Diego County Local Agency Formation Commission (“LAFCO”) to execute an Out-of-Agency Service Agreement (“Agreement”) with the County of San Diego, for the provision of sewer service to the Property; and WHEREAS, the Property is all that real property described in Exhibit “A” to the Agreement; and WHEREAS, LAFCO has approved a waiver for an accompanying irrevocable offer of annexation , attached as Exhibit “B” to the Agreement, for the Property; and WHEREAS, the Agreement would accommodate current operation and planned improvements to the Property while retaining the County’s land use control.

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

1. That the above recitations are true.

2. That the City Council authorizes the Mayor to execute , on behalf of the City, the Out of Agency Service Agreement with the County of San Diego, which is attached and incorporated to this Resolution as Exhibit “A” and subject to final approval as to form by the City Attorney.

3. That this Agreement is necessary in order for the area to receive urban services available from the City of Escondido.
29 Item5.

4. That LAFCO is hereby requested to undertake proceedings related to the Agreement described in this resolution.

5. That t his proposal is made pursuant to the Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the Government Code of the State of California.

6. That the City Clerk of the City of Escon dido is hereby authorized and directed to file a certified copy of this resolution to the executive officer of LAFCO.

30 Item5.

CAO: 3/10/2022
Out-of-Agency Service Agreement
1 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:

Director of Utilities
City of Escondido
201 North Broadway
Escondido, CA 92025-2798 This Space for Recorder’s Use Only APN: 238-380-06

OUT-OF-AGENCY SERVICE AGREEMENT
This OUT-OF-AGENCY SERVICE AGREEMENT (“ Agreement”) is made and entered into this _____ day of ____________________, 2022, by and between the City of Escondido, a California municipal corporation (“ City”) and the County of San Diego, a political subdivision of the state of California (“Owner”). (The City and Owner may each be referred to herein as a “Party” and collectively as the “Parties.”)

RECITALS
A. Owner possesses and owns that certain real property located outside the jurisdictional boundary of the City, within the unincorporated County of San Diego, commonly known as Felicita County Park, consisting of 52.0 acres and located at 742 Clarence Lane, Escondido, California, as further described in Exhibit A to this Agreement, attached hereto and incorporated herein by this reference (“Property”).

B. The Property currently uses an onsite septic system, and Owner has requested the City to provide wastewater services to the Property through a connection of a six -inch sewer line to the City’s wastewater system at the “ Point of Transfer ,” as depicted in Exhibit B to this Agreement, attached hereto and incorporated herein by this reference (collectively, “Improvements”).

C. Pursuant to California Government Code section 56133(a), the City may provide new or extended services outside its jurisdictional boundary onl y if it first requests and receives written approval from the San Diego County Local Agency Formation Commission (“LAFCO”).

D. Pursuant to California Government Code section 56133( b), LAFCO may authorize the City to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization.

E. The Property is within the sphere of influence of the City and was included in the City’s sphere of influence in anticipation of a later change of organization.

F. In accordance with California Government Code section 56133 and LAFCO’s local Resolution No. 2023-10
Exhibit "A"

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2 policies, in a letter dated _October 3, 2022, which is attached hereto as Exhibit C and incorporated herein by this reference (“Conditional Approval Lette r”), LAFCO provided a conditional approval for the City to establish contract wastewater service for the Property.

G. The City and Owner desire to enter into this Agreement so the City may provide wastewater service to the Property, subject to Owner meeting all of the conditions expressed in the Conditional Approval Letter and any conditions otherwise expressed in this Agreement.

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

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

2. Applicability of Government Code. This Agreement is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act (California Government Code section 56000 et seq.) (“Act”) and is subject to all of the provisions of the Act, including but not limited to Government Code section 56133.

3. Authority
to Connect. Upon the Parties’ execution of this Agreement and Owner’s recordation of this Agreement in the County Recorder’s Office for San Diego County, and subject to all other terms and conditions of this Agreement, Owner may connect to the City’s sewer system via construction of the Improvements. Owner agrees to construct the Improvements in conformance with all applicable federal, state, and local laws and regulations. No construction of the Improvements shall occur without first securing all required permits and approvals from the City, County, or any other local agency or regulatory authority, and without first completing environmental review pursuant to the California Environmental Quality Act, Public Resources Code § 21000, et seq. (“CEQA”).

4. No
Consent to Annexation. The County does not by virtue of entering into this Agreement consent to the annexation of the Property to the City or waive any right to object to any proceedings to annex the Property into the City.

5. Conditions of Approval. This Agreement shall be subject to all of the following conditions:
a. Owner agrees to meet all conditions in the Conditional Approval Letter, including each of the following:
(i.) Owner shall provide LAFCO a completed contractual service agreement form along with the required application filing fee. (ii.) Owner shall provide LAFCO a signed copy of this Agreement. b. Within 10 days after execution of this Agreement by all Parties, Owner shall record this Agreement with the Office of the County Recorder for San Diego County. c. This Agreement is limited to the provision of wastewater service to the Resolution No. 2023-10
Exhibit "A"

Page 2 of 13 ends

32 Item5.

CAO: 3/10/2022 Out-of-Agency Service Agreement
3 Property and shall not be construed to provide authority for the City’s provision of any additional service in relation to the Property.

6. No Pre-Commitment; Final Action Subject to Environmental Review. a. Notwithstanding any other provision of this Agreement, nothing herein shall commit or otherwise require the City, or be interpreted as requiring the City, to issue any permit , entitlement, or other approval in relation to the Improvements. Rather, the City and Owner acknowledge and agree that the City retains full discretio nary authority with respect to the Improvements, and may approve, disapprove, modify, or condition the Improvements, or any portion thereof, as otherwise authorized by law. Owner acknowledges and agrees that it is proceeding at its own risk and expense un til such time as all required permits, entitlements, or other approvals are approved and without assurance that any required permits, entitlements, or other approvals will be approved.
b. The City shall not enter into any agreement that will allow for the construction of the Improvements until there has been appropriate compliance with CEQA. The City, through the planning process with Owner as to the Improvements, will identify the actions and activities that would be necessary to construct the Improvements and thereby facilitate meaningful environmental review.

7. Term. This Agreement shall commence on the Effective Date and shall remain in effect until the earlier of any of the following: (i) sewer service is no longer provided to the Property by City; or (ii) the Agreement is terminated by the City if Owner fails to meet any condition stated herein.

8. Indemnification. Owner (including Owner’s agents, employees, contractors, and subcontractors, if any) shall hold harmless, defend (with counsel reasonably acceptable to the City), and indemnify the City, its boards, commissions, departments, officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “ Claims”), and any attorney’s, consultant, or expert fees and City staff costs for investigating or responding to any Claims, incurred in connection with or arising in whole or in part from this Agreement, the use of the Improvements by the Owner (including Owner’s agents, employees, invitees, contractors, and subcontractors, if any), the condition of the Improvements, or any related construction or other work undertaken on the Property, including without limitation (i) any death or bodily injury to a person; (ii) any injury to, loss, or theft of tangible or intangible property, including economic loss; or (iii) any other loss, damage, or expense sustained by the Owner in connect ion with any work or obligations performed in connection with this Agreement, except for any liability resulting from the active negligence , sole negligence, or willful misconduct of the City. The duty to defend the City as described in this Paragraph 8 shall apply regardless of whether any Claims are groundless, fraudulent, or false. All obligations under this Paragraph 8 shall survive the termination of this Agreement.

9. Transfer of Sewage.

9.1 Ownership. All sewage transferred from Owner to the City sha ll become the Resolution No. 2023-10
Exhibit "A"

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33 Item5.

CAO: 3/10/2022 Out-of-Agency Service Agreement
4 City’s sewage at the Point of Transfer for all purposes, including but not limited to either non-potable or potable reuse, and Owner shall have no rights to income derived from the City’s sale of non - potable or potable water derived from the Owner’s sewage.

9.2 Service Interruptions . The Parties acknowledge and agree that the sewer services anticipated by this Agreement may at times be precluded or reduced for reasons beyond the reasonable or immediate control of the City. The City shall pro vide reasonable written notice to Owner of all scheduled and unscheduled sewer service interruptions. To the extent reasonably practicable, the City will cooperate with Owner in the scheduling of service interruptions in a manner that minimizes impacts on Owner’s operations. The Parties agree that the City shall not be responsible or liable for any damage, harm, or economic loss suffered by Owner due to any interruption, reduction, or cessation in acceptance of sewage under this Agreement (1) due to a Force Majeure Event, which shall mean a cause or causes beyond a Party’s reasonable control, including but not limited to acts of God, fires, floods, earthquakes, natural disasters, terrorism, strikes, blackouts, war, pandemics, restraints of government, or o ther like causes any one of which makes performance hereunder commercially impracticable, or (2) that is necessary, as determined in the sole, reasonable discretion of the City’s Director of Utilities (“Director”), because of the City’s maintenance or operational imperatives or needs.

10. Charges and Fees.

10.1 Capacity Charges. Owner shall pay the City capacity charges based on the most current resolution establishing capacity fees for the City at the time such charges are due pursuant to applicable City policies.

10.2 Recurring Charges. Owner shall pay the City all sewer charges based on the most current resolution establishing user fees for the City at the time such charges are due pursuant to applicable City policies. The Property will receive water service from the Rincon del Diablo Municipal Water District (“Rincon”) or such other agency as Owner may from time to time utilize to obtain water service. Meter readings will be provided to the City by Rincon for water meters serving facilities on the Property that are connected to the City’s sewer. If an alternative utility other than Rincon, including Owner, provides water service at the Property that is used in facilities connected to the City’s sewer facilities, such alternative utility shall install and maintain water meters and provide water meter readings to the City in the same manner as Rincon. The readings for the Property will be provided via the same mechanism that all other meter readings are provided to the City, which is bi -monthly. The City will apply its applicable sewer rates to the water use for the Property’s facilities connected to the City’s sewer as described in the Utility Rates and Fees schedule in effect at the time of billing.

10.3 Administrative Fees. Additional expenditures, time, and support are required in order to coordinate billing and charges with Rincon (and any other water purveyor serving facilities connected to the City’s sewer at the Property). Owner shall pay such reasonable additional administrative fees to th e City in an amount as reasonably determined by the Director, but not to exceed $1,000.00 per year.

10.4 Payments. Recurring charges and administrative fees shall be paid on an annual basis to the City, or at intervals as mutually agreed to by the Director and Owner’s Director of Parks and Recreation . Any such payments shall be due within 30 days of receipt of an invoice Resolution No. 2023-10
Exhibit "A"

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34 Item5.

CAO: 3/10/2022
Out-of-Agency Service Agreement
5 from the City. Any payment not received within 7 days of being due shall incur interest at the rate of 5% per annum, compounded on a daily basis until the late payment is received in full by the City.

11. Maintenance.

11.1 Generally. Owner shall have the sole responsibility to maintain the Improvements in a state of good repair that will prevent excessive infiltration and inflow from entering downstream sewers as determined by the City in its sole, reasonable discretion.

11.2 Property Owners. Owner shall ensure through necessary documents that any obligations for maintenance or discharges required by this Agreement are included as obligations for the operation of the Property. Owner shall ensure that any necessary documents that obligate any subsequent operator of the Property, or portion of the Property, to perform any obligations under this Agreement are recorded against the Property in the Official Records of San Diego County.

12. Discharge Standards.

12.1 Generally. All transferred sewage flows from Owner shall comply with the City’s established standards and limitations, as may be changed from time to time, for the quality of the sewer flows. In addition, all transferred sewage flows shall meet all applicable federal, state, and local discharge requirements, including all applicable industrial waste discharge limitations.

12.2 Rights of Inspection . Owner agrees to pro vide the City, upon the City’s reasonable notice, the right to enter the Property and Improvements for the purposes of providing sewer services under this Agreement, including for monitoring, sampling, analyzing, or observing the operation of the Improveme nts, as may be required to ensure compliance with this Agreement ; by the Regional Water Quality Control Board, San Diego Region; or by any federal, state, or local health departments or agencies.

12.3 Monitoring. At Owner’s expense, Owner shall install an d operate such monitoring equipment as may reasonably be requested by the City in order to confirm the Improvements’ compliance with standards and limitations.

13. Miscellaneous.

13.1 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. Any litigation arising out of this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

13.2 Entire Agreement. This Agreement, together with its attachments or other documents, if any, described or incorporated herein, contains the entire agreement and understanding concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. Each of the Parties hereto acknowledges that no other Party, nor the agents 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 acknowledges that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein. 1 3.3 Amendment. This Agreement may not be amended except in a writing signed by all of the Parties hereto, and then only in the specific instance and for the specific purpose given.

Resolution No. 2023-10
Exhibit "A"

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Out-of-Agency Service Agreement
6 Any such amendment shall be recorde d with the Office of the County Recorde r for the County of San Diego.

13.4 Independent Investigation . The Parties acknowledge that they have conducted an independent investigation of the facts concerning the subject matter of this Agreement. The Parties agree that the factual recitals are correct and expressly assume the risk that the true facts concerning the foregoing may differ from those currently understood by them.

13.5 Advice of Counsel. The Parties hereby acknowledge that they have executed this Agreement after having the oppo rtunity to consult with, and receive the advice of, their own counsel.

13.6 Capacity. Each individual signing this Agreement represents and warrants that he or she has been authorized to do so by proper action of the Party on whose behalf he or she has signed.

13.7 Headings. Section headings are for reference purposes only and shall not be used for interpreting the meaning of any provisions of this Agreement.

13.8 Attorney’s Fees. In any action to enforce the terms of this Agreement, the Parties agree that the prevailing party shall be entitled to its reasonable attorney’s fees and all costs, fees, and expenses, including the fees of expert witnesses and consultants, whether or not such costs, fees, and expenses are recoverable or allowed as costs under section 1033.5 of the California Code of Civil Procedure. In addition to the foregoing award of attorney’s fees and costs, the prevailing party shall be entitled to its attorney’s fees and costs incurred in any post -judgment proceedings to collect or enforce any judgment.

This provision is separate and shall survive the merger of this provision into any judgment on this Agreement.

13.9 Counterparts and Electronic Signature. This Agreement may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document. The Agreement may be executed using electronic signatures which are verifiable with a unique passcode or similar verification procedure. 1 3.10 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.
1 3.11 Notice . All notices, demands, approvals, or consents provided for in this Agr
eement shall be in writing and delivered to the appropriate Party at its address as follows:

Resolution No. 2023-10
Exhibit "A"

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36 Item5.

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Out-of-Agency Service Agreement
7 Any notice, delivery, or other communication shall be effective and shall be deemed to be received by the other Party within five business days after the notice has been deposited in the U.S. Mail, duly registered or certified, with postage prepaid, and addressed as set forth above. Any Pa rt y may change the address information provided above by giving writ ten notice to the other Party in the manner provided in this Agreement.

13.12 Covenants Run with 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 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, binding upon the 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) shall bind the Owner and its respective successors and
assigns during the term of this Agreement. Further, the Owner shall ensure that any future transfer of interest in the Property is made subject to the terms of this Agreement, such that any future successor in title or owner or operator of the Property shall be bound by the terms herein. 1 3.13 Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.
(SIGNATURE PAGE FOLLOWS)
Resolution No. 2023-10
Exhibit "A"

Page 7 of 13 ends

If to the City:

Director of Utilities
City of Escondido
201 North Broadway
Escondido, CA
92025
If to
Owner:

Director of Parks and Recreation
County of San Diego
5500 Overland Avenue, Suite 410
San Diego, CA 92123
37 Item5.

CAO: 3/10/2022
Out-of-Agency Service Agreement
8 IN WITNESS WHEREOF, t his Agreement is executed b y the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO
Date: By
Dane White, Mayor

COUNTY OF SAN DIEGO (OWNER)
Date: By
Jack Pellegrino, Director of Purchasing and Contracting (ABOVE SIGNATURES MUST BE NOTARIZED; ACKNOWLEDGMENT PAGES FOLLOW) APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
Michael R. McGuinness, City Attorney
Dare DeLano, Senior Deputy City Attorney
APPROVED AS TO FORM AND LEGALITY:
_______________________________________
Thomas L. Bosworth, Sr. Deputy County Counsel
Resolution No. 2023-10
Exhibit "A"

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Out-of-Agency Service Agreement
9 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 of Escondido
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Resolution No. 2023-10
Exhibit "A"

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39 Item5.

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Out-of-Agency Service Agreement
10 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) 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.

Resolution No. 2023-10
Exhibit "A"

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40 Item5.

CAO: 3/10/2022
Out-of-Agency Service Agreement
11 Resolution No. 2023-10
Exhibit "A"

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Exhibit A
Legal Description of Property
That certain real property located in the County of San Diego, State of California, described as follows: PUBLIC LAND BLOCK 9 *LOTS 1&2* CONTRACT #213009 IN MAP1205 IN ST CLSD^LOT 4 BLK7.
41 Item5.

October 1
3, 2022
Delivered
Electronically:

Sean McGlynn
City Manager
City of Escondido
[email protected]
SUBJECT: Not
ice of Commission Approval:

Contractual Wastewater Service Agreement for the City of Escondido to Serve Felicita County Park (Assessor Parcel Number 238‐380‐06) Mr. McGly
nn:

This letter ser
ves as confirmation the San Diego County Local Agency Formation Commission (LAFCO) conditionally approved the above -referenced proposal at a public hearing held on October 3, 2022. The approval authorizes the City of Escondido to establish c ontract wastewater service at 742 Clarence Lane . This conditional approval is authorized under Government Code Section 56133.

The approv
al is limited to authorizing the City of Escondido to enter into an outside wastewater service agreement with the landowner – County of San Diego – for only the existing 52.0-acre park comprising the affected territory. Approval conditions follow.

1. Receipt by San Diego LAFCO of a signed contractual wastewater service agreement between the City of Escondido and the landowner of the affected territory – County of San Diego . The agreement must specify service is limited to the existing 52.0- acre parcel comprising Felicita County Park.

San Dieg
o LAFCO policy and practice directs the Commission to condition approval of the request on the City of Escondido filing for annexation of the affected territory within a prescribed timeframe. The Commission waived this policy and in doing so allows the affected territory to remain unincorporated for the foreseeable future. The policy waiver was deemed Resolution No. 2023-10
Exhibit "A"

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Exhibit B
Conditional Approval Letter
Out-of-Agency Service Agreement
12 CA
O: 3/10/2022
42 Item5.
appropriate given local conditions and specifically, the unique and tenured role of the affected territory as a regional recreational resource for North County residents.

Separate
written confirmation of completion of the condition tied to this approval will be provided as appropriate and serve as official notice of your legal allowance to proceed with the contractual service.

Should you
have any questions please call (619) 321 -3380 or e- mail me at [email protected].

Respectfull
y,
Priscilla M
umpower
Analyst II
cc: Kasia Trojanowska, San Diego County Parks and Recreation Christopher McKinney, City of Escondido
Tammy Luckett, LAFCO Commission Clerk
Resolution No. 2023-10
Exhibit "A"

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Out-of-Agency Service Agreement
13 CAO: 3/10/2022
43 Item5.

STAFF REPORT

March 8, 2023
File Number 0600-95

SUBJECT

NOTICE OF COMPLETION FOR THE LINDLEY RESERVOIR REPLACEMENT PROJECT

DEPARTMENT
Utilities Department, Construction and Engineering Division

RECOMMENDATION
Request the City Council adopt Resolution No. 2023-21, authorizing the Deputy City Manager / Director of Utilities to file a Notice of Completion for the Lindley Reservoir Replacement Project.

Staff Recommendation: Approval (Utilities: Christopher W. McKinney, Deputy City Manager/ Director of Utilities)
Presenter: Angela Morrow, Deputy Director of Utilities / Construction and Engineering

FISCAL ANALYSIS
The Lindley Reservoir Replacement Project was completed for $14,011,319.77. This amount exceeded the originally approved contract amount by 8.9 percent, which is within the 10 percent contingency permitted for construction projects.

PREVIOUS ACTION
On June 3, 2020, the City Council adopted Resolution No. 2020 -49, authorizing the Mayor and City Clerk to execute a Public Improvement Agreement with Pacific Hydrotech Corporation, the lowest responsive and responsible bidder, in the amount of $12,871,600 for construction of the Lindley Reservoir Replacement Project. The City Council also approved a budget adjustment, in the amount of $100,000, to fund Capital Improvement Project No. 704201.

BACKGROUND
The Project replace d an existing 2 -million gallon, above -ground steel potable water reservoir that was originally constructed in the early 1950’s. The site is southwest of the intersection of Hubbard Avenue and Ash Street. The existing reservoir was deteriorating and in need of urgent replacement. This Project constructed two new, partially -buried, 1.5 million -gallon, prestressed concrete reservoirs; a new valve vault structure; associated site piping; earthwork; landscaping; electrical instrumentation; and approximately 1,400 linear feet of 18 -inch welded steel pipeline. The new reservoirs are in service and the original above ground steel potable water reservoir has been demolished. 44 Item6.

RESOLUTIONS
A. Resolution No. 2023-21

45 Item6.

RESOLUTION NO. 2023-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE DEPUTY

CITY MANAGER / DIRECTOR OF UTILITIES TO FILE A

NOTICE OF COMPLETION FOR THE LINDLEY RESERVOIR

REPLACEMENT PROJECT

WHEREAS, on June 3, 2020 the City Council adopted Resolution No. 2020-49, authorizing execution of the Public Improvement Agreement for the construction of the Lindley Reservoir Replacement Project in the amount of $12,871,600; and
WHEREAS, on June 3, 2020 the City Council approved a budget adjustment in the amount of $100,000 to the Capital Improvement Project No. 704201; and WHEREAS, the construction of the Lindley Reservoir Replacement Project was completed by Pacific Hydrotech Corporation; and
WHEREAS, the City of Escondido staff and the Deputy City Manager / Director of Utilities deems the filing of the Notice of Completion to be valid at this time; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to approve the filing of the Notice of Completion.

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

1. That the above recitations are true.

2. That the City Council accepts the recommendation of the Deputy City Manager / Director of Utilities.
46 Item6.

3. That the City Council hereby approves the request to file a Notice of Completion for the Lindley Reservoir Replacement Project.

47 Item6.

STAFF REPORT

March 08, 2023
File Number 0600-10; A-3447

SUBJECT

CONSTRUCTION CONTRACT AWARD FOR THE STORM DRAIN REHABILITATION PROJECT, PHASE III

DEPARTMENT
Development Services, Engineering Services

RECOMMENDATION
Request that the City Council adopt Resolution No. 202 3-22, awarding the construction contract to Sancon Technologies , Inc., determined to be the lowest responsible and responsive bidder, and authorizing the Mayor to execute, on behalf of the City, a Public Improvement Agreement in the amount of $906,142 for the Storm Drain Lining and Rehabilitation Project, Phase III (“Project”).

Staff Recommendation: Approval (Andrew Firestine, Development Services Director, and Julie Procopio, City Engineer)
Presenter: Allen Yun, Management Analyst II

FISCAL ANALYSIS
There are sufficient funds included in the adopted CIP budget for the Storm Drain Pipe Lining and Rehabilitation Project to complete Phase III of the project. The shortfall to complete rehabilitation of the highest-priority pipelines that were recommended to be repaired by 2019 is $6.1-million.

BACKGROUND
On August 1, 2017, the City Council approved a contract with Brown and Caldwell to televise and rate the condition of 20-miles of corrugated metal pipelines and rank their priority for rehabilitation.

On January 22, 2020, the City Council accepted the first phase of Storm Drain Pipe Lining and Rehabilitation as complete which included rehabilitation of eig hteen of the City’s most critical Red Flag storm drain facilities and encompassed approximately 2,294 lineal feet.

On July 21, 2021, the City Council accepted the second phase of Storm Drain Pipe Lining and Rehabilitation as complete which included rehabilitation of twenty-one of the City’s most critical Red Flag storm drain facilities and encompassed approximately 2,929 lineal feet.

48 Item7.

This Project is the third storm drain lining project that will rehabilitate eighteen of the City’s most critical corrugated metal pipes (CMP). The project scope of work includes cleaning, replacing deformed or collapsed sections of pipe, and installing a new cured-in-place pipe liner.

Below is a table detailing the progress made to date for rehabilitation of the highest priority pipelines. A second table is provided showing the remaining pipe lines to be rehabilitated, the recommended timing for their repair, and the projected cost.

Completed/Budgeted Pipeline Repair
Project Phase Timing # of Pipes Total Length Estimated Cost Phase 1 Completed FY 19/20 18 2,294 $ 839,828.95
Phase 2 Completed FY 20/21 21 2,929 $ 471,772.00
Phase 3 Current FY 22/23 18 3,329 $ 906,142.00
Remaining Pipeline Repair Needs
Condition Rating
Recommended
Timing to Repair # of Pipes
Approximate
Total Length Estimated Cost
5 - Highest Priority Within 2 years 106 4057 $ 7,795,747.00 4 - High Priority Within 5 Years 90 10,504 $ 9,057,721.00 3 - Low Priority
Rehab within 5-10
Years 356 47,077 $ 32,992,064.00
2 - Lowest Priority 10 years or More 50 5,278 $ 31,880.00 1 - Lowest Priority - 84 5,108 n/a
0 - Unable to inspect n/a 167 TBD
Est. Remaining Costs $ 49,877,412.00
While substantial progress has been made, there is not adequate budget to rehabilitate the highest priority pipelines (category 5) . These pipelines were recommended to be repaired within two-years of the 2017 survey. Based on current revenue projections, it is anticipated that adequate funding t o rehabilitate the highest priority pipelines will be available in FY27/28, eight years later than recommended. Based on the FY23/27 CIP budget, the projected funding to rehabilitate storm drain pipelines is $1.15-million per year.

On February 23, 2023, five sealed bids were received in response to the advertised request for bids for the Project. The bid results are listed below:

49 Item7.

Sancon Technologies, Inc. $ 906,142.00
Nuline Technologies, LLC. $ 975,239.00
Downstream Services, Inc. $ 1,183,989.00
Nor-Cal Pipeline Services $ 1,218,602.00
Instituform Technologies, LLC $ 1,530,424.00

Staff recommends that the bid submitted by Sancon Technologies , Inc. be considered the lowest responsive and responsible bid, and that the contract be awarded in the amount of $ 906,142. The lowest responsive bid is 27 % lower than the Engineer’s estimate of $1, 245,000. Sancon Technologies, Inc. has successfully completed the first two phases of the project and staff has evaluated their bid and determined that it does not contain errors or omissions.

RESOLUTIONS
a. Resolution No. 2023-22
b. Resolution No. 2023-22 – Exhibit “A” – Public Improvement Agreement

50 Item7.

RESOLUTION NO. 2023-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AWARDING A CONSTRUCTION
CONTRACT TO SANCON TECHNOLOGIES, INC. , AND

AUTHORIZING THE MAYOR TO EXECUTE, ON BEHALF OF

THE CITY, A PUBLIC IMPROVEMENT AGREEMENT FOR THE

STORM DRAIN LINING AND REHABILITATION PROJECT

PHASE III

WHEREAS, the City Council has allocated funding in the adopted Capital Improvement Program Budget for the Storm Drain Pipe Lining and Rehabilitation Project Phase III (“Project”); and WHEREAS, a notice inviting bids for said improvements was duly published; and WHEREAS, pursuant to said notice, five (5) sealed bids for the Project were opened and evaluated on February 23, 2023; and
WHEREAS, Sancon Technologies, Inc. , was determined to be the lowest responsive and responsible bidder; and
WHEREAS, the City Council desires at this time and deems it to be in the best public interest to award this contract to Sancon Technologies, Inc., in the amount of $906,142.

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 Mayor is authorized to ex ecute, on behalf of the City, a Public Improvement Agreement with Sancon Technologies, Inc., in a substantially similar form to that which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.

51 Item7.

Public Improvement Agreement (Contractor) - 1 - CAO: 8/26/2021

CITY OF ESCONDIDO

PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement 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: Allen Yun
760-839-4665
("CITY")
And: SANCON TECHNOLOGIES, INC.
“a California corporation”
5841 Engineer Drive
Huntington Beach, CA 92649
Attn: Ryan Hellmuth
714-891-2323
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of work relating to the Storm Drain Pipe Lining and Rehabilitation Project Phase III (“Project”), occurring on property located within Escondido, CA and having various assessor’s parcel numbers (APN) (“Property”), as further described herein.

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

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

Resolution No. 2023-22
Exhibit "A"

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52 Item7.

Public Improvement Agreement (Contractor) - 2 - CAO: 8/26/2021

2. Description and Performance of Work . CONTRACTOR shall furnish all work described in Attachment “A” to this Agreement, which is incorporated herein by this reference (“Work”). All Work to be performed and materials to be furnished shall be completed in a good workmanlike manner, free from defects, in strict accordance wit h the plans, drawings, specifications, and requirements set forth in the Project Documents and all provisions of this Agreement.

3. Compensation. In exchange for CONTRACTOR’s completion of the Work, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed the sum of $906,142.00 (“Contract Price”). CONTRACTOR shall be compensated only for performance of the Work described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.

4. Term and Time of Performance. CONTRACTOR shall commence work within one week from the CITY's notice to proceed. CONTRACTOR shall diligently perform and complete the Work with professional quality and technical accuracy within ninety (90) working days after the City’s Notice to Proceed (“Completion Date”). Extension of terms or time of performance shall be subject to the CITY’s sole discretion.

5. Time Is of the Essence. If the Work is not completed by the Completion Date, it is understood that the CITY will suffer damage. It being impractical and infeasi ble to determine the amount of actual damage, in accordance with Government Code section 53069.85, the Parties agree that CONTRACTOR shall pay to the CITY as fixed and liquidated damages, and not as a penalty, the sum of $250 per day for each calendar day of delay until the Work is completed and accepted (“Liquidated Damages Amount”). The Liquidated Damages Amount shall be deducted from any payments due to, or that become due to, CONTRACTOR. CONTRACTOR and CONTRACTOR'S surety shall be liable for the Liquidated Damages Amount.

6. Insurance Requirements.

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

(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non -owned autos (Code 9), including damages because of bodily injury, death of a person, or property damage arising out of the ownership, maintenance, or use of a motor vehicle, all mobile equipment, and vehicles Resolution No. 2023-22
Exhibit "A"

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53 Item7.

Public Improvement Agreement (Contractor) - 3 - CAO: 8/26/2021 moving under CONTRACTOR’s control and engaged in the Work, with limits no less than $3,000,000 combined single limit per accident for bodily injury and property damage.

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

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

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

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

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

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

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

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

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

(6) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Resolution No. 2023-22
Exhibit "A"

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54 Item7.

Public Improvement Agreement (Contractor) - 4 - CAO: 8/26/2021 Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.

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

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

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

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

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

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

f. Compliance. Failure to compl y with any of the insurance requirements in this Agreement , including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. Compliance by CONTRACTOR with the requirem ent to carry insurance and furnish certificates, policies, Additional Insured Endorsement and Declarations Page evidencing the same shall not relieve the CONTRACTOR from liability assumed under any provision of this Agreement, including, without limitation , the obligation to defend and indemnify the CTY and the City Engineer. In the event that CONTRACTOR fails to comply with any insurance requirement set forth in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop Work under this Resolution No. 2023-22
Exhibit "A"

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55 Item7.

Public Improvement Agreement (Contractor) - 5 - CAO: 8/26/2021 Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

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

a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expe nses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONTRACTOR’s (including CONTRACTOR’s agents, employees, and subcontractors, if any) Work pursuant to this Agreement or its failure to comply with any of its obl igations contained herein, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

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

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

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

8. Bonds.

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

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

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

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

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

d. If the surety on any bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, the CONTRACTOR shall, within seven days thereafter, substitute another bond and surety, which must be acceptable to the CITY. No portion of the Work shall be performed without bonds, in a form and issued by a surety acceptable to the City. If one or more of such bonds Resolution No. 2023-22
Exhibit "A"

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56 Item7.

Public Improvement Agreement (Contractor) - 6 - CAO: 8/26/2021 shall, at any time, not be in full force and effect, CONTRACTOR shall immediately ce ase performance of the Work until CONTRACTOR is in full compliance with the bonding requirements of this Agreement and California law. All delays and costs incurred or resulting from such occurrence shall be to the exclusive account of CONTRACTOR. Failure of the CONTRACTOR to promptly cure any failure to have the necessary bonds in full force and effect shall be grounds for immediate termination of this Agreement.

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

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

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

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

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

Resolution No. 2023-22
Exhibit "A"

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57 Item7.

Public Improvement Agreement (Contractor) - 7 - CAO: 8/26/2021

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

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

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

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

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

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

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

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

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

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

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

CONTRACTOR shall file the required workers' compensation certificate before commencing work Resolution No. 2023-22
Exhibit "A"

Page 7 of 9 ends

58 Item7.

Public Improvement Agreement (Contractor) - 8 - CAO: 8/26/2021 under this Agreement . This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

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

25. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)
Resolution No. 2023-22
Exhibit "A"

Page 8 of 9 ends

59 Item7.

Public Improvement Agreement (Contractor) - 9 - CAO: 8/26/2021 IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Dane White, Mayor

SANCON TECHNOLOGIES, INC.

Date: __________________ ___________________________________ Signature

___________________________________
Name & Title (please print)

___________________________________
Contractor's License No.

___________________________________
Tax ID/Social Security No.

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. 2023-22
Exhibit "A"

Page 9 of 9 ends

60 Item7.

STAFF REPORT

March 08, 2023
File Number 0800-10

SUBJECT

FINAL MAPS UNDER CONSIDERATION FOR APPROVAL

DEPARTMENT
Development Services Department, Engineering Services

BACKGROUND
The following Final Maps have been filed for approval by the City Engineer in accordance with Ordinance 2022-02:

Tract SUB15-0023 at South Centre City Parkway and Brotherton Road: Del Prado South Condominium Project
No materials necessary for this item.

61 Item8.

STAFF REPORT

March 8, 2023
File Number 0600-10; A-3448

SUBJECT

CLEAN CALIFORNIA STATE BEAUTIFICATION PROGRAM COOPERATIVE AGREEMENT FOR CONSTRUCTION OF LANDSCAPE IMPROVEMENTS AND MONUMENT SIGN AGE ON CA -78 NEAR

ESCONDIDO BOULEVARD

DEPARTMENT
Development Services Department, Engineering Division

RECOMMENDATION
Request the City Council adopt Resolution No. 2023-24, authorizing the Mayor to execute the Cooperative Agreement with the California Department of Transportation (Caltrans) for construction of landscape improvements and an Escondido monument sign on State Route -78 near Escondido Boulevard, and related budget adjustment.

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

FISCAL ANALYSIS
The Clean California State Beautification Program will fully fund construction of the project improvements on CA-78 near Escondido Boulevard and Broadway. The Cooperative Agreement with Caltrans stipulates $150,000 for construction management and $1,650,000 for construction of the project improvements.

Per the terms of the Cooperative Agreement wi th Caltrans, the City will pay for the construction of the project and Caltrans will reimburse the City with funds from the Clean California Beautification Program.

A budget adjustment is requested to accommodate reimbursable project expenses per the terms of the Cooperative Agreement with Caltrans.

PREVIOUS ACTION
None.

BACKGROUND
In 2022, Caltrans District 11 representatives approached City staff regarding the Clean California State Beautification Program. Through this program, State funds can be used to beautify and improve areas of the State highway system with an emphasis on underserved communities. City staff worked with Caltrans 62 Item9.

to identify a key gateway location where Clean California funds could improve the aesthetics of the State right of way. Caltrans agreed to fund installation of an entry sign, landscaping, irrigation, stamped concrete median, and fencing. The Escondido monument sign will be constructed in the CA -78 median just east of the Escondido Boulevard bridge. The landscaping, ir rigation, stamped concrete, and fencing will be constructed on the west side of the Broadway intersection with CA-78. This Clean California project will improve the aesthetics at the CA-78 entrance into the City and create a sense of arrival into this vibrant community. The preliminary concept design is shown in Attachment 1 to the staff report.

Engineering design of the project started late last year and is currently in progress. The construction of an entry sign within Caltrans right of way must meet spe cific design criteria and will require approval of a State design exception that is currently under review by Caltrans. The final engineering design will then be prepared to the satisfaction of Caltrans. The cooperative agreement states that the City wil l obtain bids, award the contract and oversee construction of the project. The full cost of construction up to $1.65- million will be paid for by Caltrans from the State allocation of Clean California funds. City staff will return to the City Council to request award of the construction contract to the lowest responsive and responsible bidder.

Staff recommends the City Council adopt Resolution No. 2023-24 authorizing the Mayor to execute the Cooperative Agreement with Caltrans for construction of an entry sign, landscaping, irrigation, stamped concrete median, and fencing within Caltrans State Route 78 right of way.

RESOLUTION
a. Resolution No. 2023-24 with Exhibits A and B

63 Item9.
14 P23-0004
E23-0009
19 2/6/23

LANDSCAPING PLAN

BROADWAY
STATE HIGHWAY 78
Attachment 1
64 Item9.

MAY 18TH, 2022
Block Letter Concept
Night Experience
ElevationStreet View (looking east, exiting CA-78)
0’ 4’2’ 1’ 6’
SCALE 1/2” = 1’-0”
FRONT + BACK VIEW SIDE VIEW

ESCONDIDO GATEWAY

STAINLESS STEEL

LETTERS
24” HIGH,

FRONT AND BACK
30’-0”
36”
36”
36”
60”

METAL FRAMED CUBES

OUTFITTED WITH

INDUSTRIAL SCALE

HARDWARE

LASER CUT METAL ART,

NATURE INSPIRED DESIGNS

REINFORCED BASE

INTERNALLY

ILLUMINATED

STACKED CUBES,

FOUR SIDED
Attachment 1
65 Item9.

RESOLUTION NO. 2023-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE A COOPERATIVE AGREEMENT FOR

CONSTRUCTION OF LANDSCAPE IMPROVEMENTS AND
AN ESCONDIDO MONUMENT SIGN ON CA -78 NEAR

ESCONDIDO BOULEVARD, AND RELATED BUDGET

ADJUSTMENT

WHEREAS, the California Department of Transportation (“Caltrans”) is administering Clean California State Beautification Program funds to be used to beautify and improve areas of the State highway system with an emphasis on underserved communities; and WHEREAS, the City of Escondido (“City”) staff has worked with Caltrans to identify a Clean California project which includes an Escondido monument sign in the CA-78 median, guardrail extensions, landscaping, irrigation, stamped concrete median, and fencing on the west side of the Broadway intersection with CA-78; and
WHEREAS, the City wishes to utilize Clean California State Beautification Program funds to construct these improvements listed above to improve the aesthetics at the CA-78 entrance into the City; and
WHEREAS, the City understands this Clean California project is contingent upon Caltrans approving certain design exceptions required to construct this project in the State right of way; and WHEREAS, this Clean California project is contingent upon the City and Caltrans entering into a Cooperative Agreement for construction of the project improvements; and WHEREAS, a budget adjustment is approved to account for the $1,800,000 in total construction costs which will be reimbursed by Caltrans per the terms of the Cooperative Agreement. 66 Item9.

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

1. That the above recitations are true.

2. That the City Council authorizes the Mayor to execute, on behalf of the City, the Cooperative Agreement which is as attached as Exhibit “A” and incorporated by this reference, subject to final approval as to form by the City Attorney.

3. That a budget adjustment in the amount of $1,800,000 in total construction costs is approved which will be reimbursed by Caltrans per the terms of the Cooperative Agreement . The Budget Adjustment is attached as Exhibit B.
67 Item9.

Agreement 11-4367
Project No. 1122000100
EA 4C010
11-SD-78-16.928/19.271
Project Development Agreement 2017-02-17 (Created August 26, 2022) 1 o f 21

COOPERATIVE AGREEMENT COVER SHEET
Work Description

CONSTRUCT A GATEWAY MONUMENT, LANDSCAPE IMPROVEMENT, AND FENCING Contact Information

CALTRANS
Wishing Lima, Project Manager
4050 Taylor Street
San Diego, CA 92110
Office Phone: (619) 930-7263
Email: [email protected]

CITY OF ESCONDIDO
Jonathan Schauble, Principal Engineer
201 N. Broadway
Escondido, CA 92025
Office Phone: (760) 839-4072
Email: [email protected]

EXHIBIT A
Resolution No. 2023-24
Exhibit "A"

Page 1 of 28 ends

68 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 2 of 21 Table of Contents
COOPERATIVE AGREEMENT ......................................................................................................... 4 RECITALS ........................................................................................................................................... 4 RESPONSIBILITIES ........................................................................................................................... 6 Sponsorship ...................................................................................................................................... 6 Implementing Agency ...................................................................................................................... 6 Funding ............................................................................................................................................ 7 CALTRANS’ Quality Management ................................................................................................ 7 CEQA Lead Agency ........................................................................................................................ 8 Environmental Permits, Approvals and Agreements ....................................................................... 8 CONSTRUCTION ........................................................................................................................... 8 Schedule ......................................................................................................................................... 12 Additional Provisions ..................................................................................................................... 12 Standards ................................................................................................................................... 12 Noncompliant Work .................................................................................................................. 12 Qualifications ............................................................................................................................ 12 Consultant Selection ................................................................................................................ 133 Encroachment Permits ............................................................................................................... 13 Protected Resources .................................................................................................................. 13 Disclosures ................................................................................................................................ 13 Hazardous Materials .................................................................................................................. 14 Claims ........................................................................................................................................ 15 Accounting and Audits .............................................................................................................. 15 Interruption of Work ................................................................................................................. 16 Penalties, Judgements and Settlements ..................................................................................... 17 Project Files ............................................................................................................................... 17 Environmental Compliance ....................................................................................................... 17 GENERAL CONDITIONS ................................................................................................................ 17 Venue ............................................................................................................................................. 17 Exemptions ..................................................................................................................................... 18 Indemnification .............................................................................................................................. 18 Non-parties ..................................................................................................................................... 18 Ambiguity and Performance .......................................................................................................... 19 Resolution No. 2023-24
Exhibit "A"

Page 2 of 28 ends

69 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 3 of 21 Defaults .......................................................................................................................................... 19 Dispute Resolution ......................................................................................................................... 19 Prevailing Wage ............................................................................................................................. 20 SIGNATURES .................................................................................................................................... 21 FUNDING SUMMARY No. 01 ........................................................................................................... 1 FUNDING TABLE .......................................................................................................................... 1 SPENDING SUMMARY ................................................................................................................ 2 Funding ............................................................................................................................................ 3 Invoicing and Payment ..................................................................................................................... 4 CONSTRUCTION Support ........................................................................................................ 5 CONSTRUCTION Capital ......................................................................................................... 5 CLOSURE STATEMENT.................................................................................................................... 2

Resolution No. 2023-24
Exhibit "A"

Page 3 of 28 ends

70 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 4 of 21

COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Escondido, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Section 114.

2. CALTRANS is authorized per the California Streets and Highways Code, Section 91.42 to expend Clean California State Beautification Program funds towards beautifying and cleaning up state highways and eligible projects towards that goal.

3. For the purpose of this AGREEMENT, construct a gateway monument, landscape improvement, and fencing will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Report, Design Engineering Evaluation Report, or Project Report).

4. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:
• CONSTRUCTION
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

Resolution No. 2023-24
Exhibit "A"

Page 4 of 28 ends

71 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 5 of 21

5. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.

However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

6. The following work associated with this PROJECT has been completed or is in progress:
• CALTRANS is developing the CEQA Categorical Exemption • CALTRANS is developing the R/W Certification
• CALTRANS is developing the Plans, Specifications and Estimate (Cooperative Agreement No. 11-4365).

7. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

8. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

Resolution No. 2023-24
Exhibit "A"

Page 5 of 28 ends

72 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 6 of 21

RESPONSIBILITIES
Sponsorship

9. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.

10. CALTRANS is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

11. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • CITY is the CONSTRUCTION IMPLEMENTING AGENCY.

CONSTRUCTION includes construction contract administration, surveying/staking, inspection, quality assurance, and assuring regulatory compliance. The CONSTRUCTION component budget identifies the capital costs of the construction contract/furnished materials (CONSTRUCTION CAPITAL) and the cost of the staff work in support of the construction contract administration (CONSTRUCTION SUPPORT).

12. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval.

13. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Resolution No. 2023-24
Exhibit "A"

Page 6 of 28 ends

73 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 7 of 21 Funding

14. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT.

PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in its entirety, each time the funding details change. Funding Summary replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Funding Summary supersedes any previous Funding Summary created for this AGREEMENT.

15. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT.

If an IMPLEMENTING AGENCY anticipates that funding for the WORK will be insufficient to complete the WORK, the IMPLEMENTING AGENCY will promptly notify the SPONSOR.

16. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

17. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

18. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.

CALTRANS’ Quality Management

19. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

20. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that City's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

Resolution No. 2023-24
Exhibit "A"

Page 7 of 28 ends

74 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 8 of 21

21. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

22. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work.

CEQA Lead Agency

23. CALTRANS is the CEQA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

24. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTY’s responsibilities in this AGREEMENT.

25. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

26. The PROJECT will not require environmental permits/approvals.

CONSTRUCTION

27. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for all CONSTRUCTION WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

28. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT Funded Cost
100.20.10.xx Quality Management Yes

29. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.

Resolution No. 2023-24
Exhibit "A"

Page 8 of 28 ends

75 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 9 of 21

30. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.

31. CITY will include a Disadvantaged Business Enterprise (DBE) utilization goal in the PROJECT construction contract(s) in accordance with the Local Assistance Procedures Manual. CITY will award the construction contract to the lowest responsive bidder who makes a Good Faith Effort to meet the DBE goal.

32. CALTRANS will not issue an encroachment permit to CITY for construction work until the following conditions are met:
• CALTRANS accepts the final plans, specifications, and estimate • CALTRANS accepts the Right-of-Way Certification
• Any new or amended maintenance agreements required for the WORK are executed.

33. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications.

34. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract.

35. If the lowest responsible construction contract bid is greater than the funding commitment to CONSTRUCTION CAPITAL, PARTIES must agree in writing on a course of action within fifteen (15) working days. If no agreement is reached within fifteen (15) work days the IMPLEMENTING AGENCY will not award the construction contract.

36. CALTRANS will not issue an encroachment permit to City's construction contractor until CALTRANS accepts:
• The payment and performance bonds
• The CONSTRUCTION Quality Management Plan

37. The CONSTRUCTION Quality Management Plan (QMP) will describe how construction material verification and workmanship inspections will be performed at manufacturing sources and the PROJECT job-site. The construction material and Source Inspection QMP (SIQMP) are subject to review and approval by the State Materials Engineer.

Resolution No. 2023-24
Exhibit "A"

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76 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 10 of 21

38. The CONSTRUCTION Quality Management Plan will address the radiation safety requirements of the California Code of Regulations 17 CCR § 30346 when the work requires Gamma-Gamma Logging acceptance testing for Cast in Drilled Hole (CIDH) pile or whenever else it is applicable. In accordance with these regulations CITY, as the "well operator", will have a written agreement with any consultant or external entity performing these tests.

39. CITY will provide a Resident Engineer and CONSTRUCTION SUPPORT staff that are independent of the construction contractor. The Resident Engineer will be a Civil Engineer, licensed in the State of California, who is responsible for construction contract administration activities.

40. CITY will provide a landscape architect who will be responsible for all landscaping activities within the State Highway System.

41. CALTRANS will review and concur with:
• Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation. • The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP).

42. CITY will administer and process all construction contract claims pursuant to the requirements set forth under Public Contract Code, Section 9204. In addition, all public works claims of $375,000 or less shall be resolved in accordance with Public Contract Code Section 20104, et seq. and other applicable laws.

43. CITY is designated as the Legally Responsible Person pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person as mandated by the Construction General Permit. CITY is required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination System (NPDES) permit for all work within the State Highway System.

Resolution No. 2023-24
Exhibit "A"

Page 10 of 28 ends

77 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 11 of 21

44. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for maintenance of the State Highway System (SHS) within the PROJECT limits as part of the construction contract until the following conditions are met:
• Any required maintenance agreements are executed for the portions of SHS for which relief of maintenance is to be granted.
• CALTRANS approves a request from CITY for relief from maintenance of the PROJECT or a portion thereof.

45. Upon WORK completion, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the State Highway System (SHS) within SHS right-of-way as part of WORK become the property of CALTRANS.

CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right-of-way.

46. Within one hundred eighty (180) calendar days following the completion and acceptance of the PROJECT construction contract, CITY will furnish CALTRANS with a complete set of “As- Built” plans and Change Orders, including any changes authorized by CALTRANS, using an approved transfer mechanism, such as a CD ROM, flash drive, Filr. The submitted digital files must be completed in accordance with Caltrans specifications, policies, and manuals, including requirements in Sections 2 and 3, of Chapter 17 in the Project Development Procedures Manual, then current CADD User’s Manual (Section 4.3), Plans Preparation Manual, and CALTRANS practice. The plans will have the Resident Engineer’s name, contract number, and construction contract acceptance date printed on each plan sheet, and with the Resident Engineer’s signature only on the title sheet. The As-Built plans will be in Microstation DGN format, version 8.0. When applicable, the digital submittal must also include high accuracy locating and underground facilities data. In addition, CITY will provide one set of As-Built plans and addenda in TIFF format.

The submittal must also include all CALTRANS requested contract records, and land survey documents. The land survey documents include monument preservation documents and records of surveys prepared to satisfy the requirements of the California Professional Land Surveyors Act (Business and Professions Code, Sections 8700 – 8805). Copies of survey documents and Records of Surveys filed in accordance with Business & Professions Code, Sections 8762 and 8771, will contain the filing information provided by the county in which filed.

Resolution No. 2023-24
Exhibit "A"

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78 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 12 of 21 Schedule

47. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.

48. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written quarterly progress reports during the completion of the WORK.

Additional Provisions
Standards

49. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Construction Manual
• Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines
Noncompliant Work

50. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.

Qualifications

51. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Resolution No. 2023-24
Exhibit "A"

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79 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 13 of 21 Consultant Selection

52. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.

Encroachment Permits

53. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to CITY, their contractors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

54. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Pro
tected Resources

55. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

56. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

57. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.

Resolution No. 2023-24
Exhibit "A"

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80 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 14 of 21 Hazardous Materials

58. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

59. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.

60. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT.

61. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CITY will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT.

62. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.

Resolution No. 2023-24
Exhibit "A"

Page 14 of 28 ends

81 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 15 of 21 CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement.

CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

63. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.

Claims

64. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.

65. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

66. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.

When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

Accounting and Audits

67. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.

Resolution No. 2023-24
Exhibit "A"

Page 15 of 28 ends

82 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 16 of 21

68. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT.

PARTIES will retain all WORK-related records for three (3) years after the final voucher.

PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.

69. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards.

CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK -related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription.

The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation.

The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit.

The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt.

Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit.

Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT.

70. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

71. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

Interruption of Work

72. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right- of-way in a safe and operable condition acceptable to CALTRANS.

Resolution No. 2023-24
Exhibit "A"

Page 16 of 28 ends

83 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 17 of 21

73. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgements and Settlements

74. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.

75. The cost of legal challenges to the environmental process or documentation are considered WORK costs.

76. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Project Files

77. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.

Environmental Compliance

78. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.

GENERAL CONDITIONS

79. All portions of this AGREEMENT, including the Recitals Section, are enforceable.

Venue

80. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

Resolution No. 2023-24
Exhibit "A"

Page 17 of 28 ends

84 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 18 of 21 Exemptions

81. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Indemnifi
cation

82. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

83. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-p
arties

84. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.

85. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Resolution No. 2023-24
Exhibit "A"

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85 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 19 of 21 Ambiguity and Performance

86. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

87. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults

88. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Dispute Resolution

89. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.

90. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Resolution No. 2023-24
Exhibit "A"

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86 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 20 of 21 Prevailing Wage

91. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis- Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.

When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.

Resolution No. 2023-24
Exhibit "A"

Page 20 of 28 ends

87 Item9.

Agreement 11-4367
Project No. 1122000100
Project Development Agreement 2017-02-17 (Created August 26, 2022) 21 of 21

SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

GUSTAVO DALLARDA
District 11 Director

Verification of funds and authority:

ERIKA O’FARRELL
District 11 Budget ManagerC ertified as to
financial terms and policies:

DARWIN SALMOS
HQ Accounting Supervisor

CITY OF ESCONDIDO

DANE WHITE
MayorA ttest:

JULIE PROCOPIO
City Engineer
Approved as to Form:

Office of the City Attorney
Michael R. McGuinness, City Attorney

By:

DARE DELANO
Senior Deputy City Attorney

Resolution No. 2023-24
Exhibit "A"

Page 21 of 28 ends

88 Item9.

AGREEMENT 11 - 4367
Project No. 1122000100
EA 4C010
11-SD-78-16.928/19.271
Project Development Agreement 2017-02-17 (Created August 26, 2022) 1 of 5

FUNDING SUMMARY NO. 01

FUNDING TABLE
v. 2
IMPLEMENTING AGENCY CITY
Totals Source Party Fund Type
CONST.

SUPPORT
CONST.

CAPITAL
STATE CALTRANS CLEAN CALIF 185,000 1,650,000 1,835,000
LOCAL CITY Local 0 0 0
Totals 185,000 1,650,000 1,835,000

Resolution No. 2023-24
Exhibit "A"

Page 22 of 28 ends

89 Item9.

FUNDING SUMMARY No. 01 AGREEMENT 11 - 4367
Project No. 1122000100

Project Development Agreement 2017-02-17 (Created August 26, 2022) 2 of 5

SPENDING SUMMARY
v 21
CONST. SUPPORT CONST.

CAPITAL
Fund Type CALTRANS CITY CITY Totals
Clean CA Funds 35,000 150 ,000 1,650,000 1,835,000
Local 0 0 0 0
Totals 35,000 150,000 1,650,000 1,835,000

Resolution No. 2023-24
Exhibit "A"

Page 23 of 28 ends

90 Item9.

FUNDING SUMMARY No. 01 AGREEMENT 11 - 4367
Project No. 1122000100

Project Development Agreement 2017-02-17 (Created August 26, 2022) 3 of 5

Funding

1. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.

That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.

2. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.

Each PARTY may request reimbursement for these costs during the amendment process.

3. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.

In accordance with California Senate Bill 848, the Administration Rate is capped at 10 percent until January 1, 2023, for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements.

4. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to CALTRANS’ Audits and Investigations for review and acceptance prior to CALTRANS’ reimbursement of indirect costs.

Resolution No. 2023-24
Exhibit "A"

Page 24 of 28 ends

91 Item9.

AGREEMENT 11 - 4367
Project No. 1122000100

Project Development Agreement 2017-02-17 (Created August 26, 2022) 4 of 5

5. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs.

Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CalHR) rules current at the effective date of this AGREEMENT.

If CITY invoices for rates in excess of CalHR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment.

6. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC.

7. SHOPP funds can only be expended on SHOPP-eligible items and work.

Invoicing and Payment

8. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.

9. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.

10. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.

11. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM.

Resolution No. 2023-24
Exhibit "A"

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92 Item9.

AGREEMENT 11 - 4367
Project No. 1122000100

Project Development Agreement 2017-02-17 (Created August 26, 2022) 5 of 5

12. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds.

CONSTRUCTION Support

13. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.

CONSTRUCTION Capital

14. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.

Resolution No. 2023-24
Exhibit "A"

Page 26 of 28 ends

93 Item9.

FUNDING SUMMARY No. 01 AGREEMENT 11 - 4367
Project No. 1122000100

Project Development Agreement 2017-02-17 (Created August 26, 2022) 1 of 2

CLOSURE STATEMENT INSTRUCTIONS

1. Did PARTIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT?

YES / NO

2. Did CALTRANS accept and approve all final deliverables submitted by other PARTIES?

YES / NO

3. Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed?

YES / NO

4. If construction is involved, did the CALTRANS District Project Manager verify that all claims and third party billings (utilities, etc.) have been settled before termination of the AGREEMENT?

YES / NO

5. Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required contract documents?

YES / NO

If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT.

Resolution No. 2023-24
Exhibit "A"

Page 27 of 28 ends

94 Item9.

AGREEMENT 11 - 4367
Project No. 1122000100

Project Development Agreement 2017-02-17 (Created August 26, 2022) 2 of 2

CLOSURE STATEMENT
PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement 11-4367 and any amendments to the agreement. The final signature date on this document terminates agreement 11-4367 except survival articles. All survival articles in agreement 11-4367 will remain in effect until expired by law, terminated or modified in writing by the PARTIES’ mutual agreement, whichever occurs earlier.

The people signing this agreement have the authority to do so on behalf of their public agencies.

By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

GUSTAVO DALLARDA
District 11 Director

Certified as to all financial
obligations/terms and policies

Erika O’Farrell
District 11 Budget Manager

CITY OF ESCONDIDO

SEAN MCGLYNN
City Manager

Resolution No. 2023-24
Exhibit "A"

Page 28 of 28 ends

95 Item9.

BUDGET ADJUSTMENT

REQUEST
Depa
rtment: Development Services
For Finance Use Only
BA #
____________
Fiscal Year ________
Department Contact: Jonathan Schauble, Principal Engineer City Council Meeting Date:
(attach staff report) March 8, 2023

EXPLANATION OF REQUEST
The Cooperative Agreement between the City and Caltrans stipulates that the City will spend up to $1,800,000 for construction of the project and be reimbursed by Caltrans after expenditures have been made.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
CleanCA Escondido Monument 206-New Project $1,800,000 N/A APP
ROVALS

DEPARTMENT HEAD DATE FINANCE DATE

EXHIBIT B
Resolution No. 2023-24
Exhibit "B"

Page 1 of 1 ends

96 Item9.

STAFF REPORT

March 8, 2023
File Number 0480-70; 0600-10; A-3444

SUBJECT

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

SOLUTIONS GRANT, EXECUTION OF GRANT AGREEMENT TO ADDRESS FAMILY HOMELESSNESS , AND EXECUTION OF 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
Staff Recommendation: Approval (Development Services: Andrew Firestine, Director of Development Services)
Presenter: Holly Nelson, LCSW; Housing and Neighborhood Services Manager

FISCAL ANALYSIS

Staff time and resources have been expended to apply for the San Diego County’s Capital Emergency Housing Solutions Grant and additional time will be required to manage the subcontract with Interfaith Community Services, Inc. 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.

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 97 Item10.

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”. 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 t he 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”. The County 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 98 Item10.

van, install security 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.

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
a. Resolution No. 2023-02
b. Exhibit A: Capital Emergency Housing Program Grant Agreement c. Exhibit B: Professional Services Agreement with Interfaith Community Services, Inc.

ATTACHMENTS

a. Attachment “1” – City’s Program Application
b. Attachment “2” – Notice of Intent to Award

99 Item10.

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.

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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

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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
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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

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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.

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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.

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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.

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• 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

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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"
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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.

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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.

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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

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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
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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
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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"
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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"
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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"
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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"
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Attachment "2"
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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 “A” and incorporated by this reference; and
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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.

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 requi red by the County, are true 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 120
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used to support the Project.

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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"

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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"

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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"

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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"

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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"

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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"

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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"

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Resolution No. 2023-02
Exhibit "B"

Page 1 of 9 ends

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 shall 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 129
Item10.

Resolution No. 2023-02
Exhibit "B"

Page 2 of 9 ends

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 procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CON TRACTOR, 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 limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker's Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) If CONTRACTOR maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by 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 cur rent A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees , and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
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(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 appli cable, 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 regardless of whether or not the CITY has received a waiver of subrogation endorsement fr om the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its agents, representatives, employees and subcontractors.
(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 reser ves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, inc luding 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 131
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due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

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

a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall defend, indemnify, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order N o.

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 Agreement, 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 writing 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 subject of t his Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

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, waiver, or unenf orceability 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 132
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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 Cum ulative. 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 local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. 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 CONTRACTOR to comply with this section.

21. Prevailing Wages . If applicable, pursuant to Cali fornia 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 fed eral, 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 the applicable “General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of 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 Reform and Control Act of 1986 (“IRCA”). CONTRACTOR represents and warrants that all of its employees and the empl oyees 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.
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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, this 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. 134
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A. General
ATTACHMENT “A”
Scope of Work

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. 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, ch allenges 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. 135
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Contractor shall be required to submit all grant expenditures and contract 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 accompanied 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 .
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EXHIBIT 1
Budget

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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.
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ORDINANCE NO. 2023-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING THE 2022

OMNIBUS THAT AMENDS VARIOUS ARTICLES OF THE

ESCONDIDO ZONING CODE

CASE NO.: PL22-0645
The City Council of the City of Escondido, California DOES HEREBY ORDAIN as follows:

SECTION 1. The City Council makes the following findings:
a) The City of Escondido Planning Division conducts an annual review of the Escondido Zoning Code to determine if any revisions are necessary to reflect State mandated changes, to correct errors or inconsistencies, and to address land use considerations that have previously been overlooked. b) Planning Division staff identified the need to amend Articles 1 (General Provisions and Definitions), 6 (Residential Zones), 16 (Commercial Zones), 26 (Industrial Zones), 27 (Emergency Shelter Overlay), 39 (Off -Street Parking) , 44 (Home Occupations), 47 (Environmental Quality), 49 (Air Space Condominium and Community Apartment Projects), 56 (Miscellaneous Development Standards), 57 (Miscellaneous Use Restrictions), 61 (Administration and Enforcement), 63 (Transient Lodging Facilities), 64 (Design Review), 66 (Sign Ordinance), 67 (Density Bonus and Residential Incentives), 70 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and 73 (Temporary Use, Outdoor Display and Sale of Retail Merchandise); and to rescind Article 22 (Heliport Overlay Zone). c) The Planning Commission of the City of Escondido, on December 13, 2022, held a duly noticed public hearing to consider the Zoning Code Amendments and tabled the item to a date certain of January 10, 2023.
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ORDINANCE NO. 2023-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O F

ESCONDIDO, CALIFORNIA, APPROVING THE BUSINESS

RECOVERY ORDINANCE MODIFICATIONS THAT AMEND

VARIOUS ARTICLES OF THE ESCONDIDO ZONING CODE

CASE NO.: PL23-0005
The City Council of the City of Escondido, California DOES HEREBY ORDAIN as follows:

SECTION 1. The City Council makes the following findings:
a) WHEREAS, on March 4, 2020, California Governor Gavin Newsom proclaimed a State of Emergency to exist in the State of California as a result of the threat of COVID-19; and b) WHEREAS, on March 16, 2020, the city manager for the City of Escondido (“City”), acting in his capacity of Director of Emergency Services of the City (“Director”), proclaimed, through Proclamation No. 2020-01, the existence of a local emergency related to COVID-19 within the City; and c) WHEREAS, on March 18, 2020, the Escondido City Council adopted Proclamation No. 2020-01, ratifying the declaration of the Director and declaring the existence of a n on -going local emergency pursuant to COVID-19; and
d) WHEREAS, the City of Escondido City Council adopted an emergency business recovery strategy through Ordinance No. 2020-23 under a declaration of local emergency; and e) WHEREAS, the business recovery strate gy was responsive to business and community needs and temporarily granted relief from certain provisions of the Escondido Municipal Code and Escondido Zoning Code in order to allow compliance with specific public health requirements associated with the pan demic and supported the City’s issuance of temporary use permits for business recovery activities; and
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STAFF REPORT

March 08, 2023
File Number 0685-20

SUBJECT

USE OF COMMUNITY FACILITIES DISTRICT POLICY (CFD) TO FINANCE DEVELOPMENT IMPACT FEES FOR NUTMEG 134, LLC

DEPARTMENT
Development Services

RECOMMENDATION
Provide direction to staff, as appropriate, to either: 1) support the creation of a CFD for the purpose of financing development impact fees for Nutmeg 134, LLC ; or 2) decline to support the creation of this CFD.

Staff Recommendation: Decline to support the creation of a CFD for the purpose of financing development impact fees for Nutmeg 134, LLC (Development Services: Andrew Firestine, Director of Development Services)
Presenter: Andrew Firestine, Director of Development Services

FISCAL ANALYSIS
Should the City Council provide direction to form a CFD for Nutmeg 134, LLC, the City would receive an initial deposit of $100,000 with the application to support the formation of a CFD that shall be use d by the City to pay for costs and expenses incurred by the City related to the evaluation of the application and the proceedings for the formation of the CFD and the issuance of the special tax bonds. The property tax assessment as a result of the CFD proposed by Nutmeg 134, LLC would also include $35,000 in annual revenues for the ongoing administration of the CFD.

PREVIOUS ACTION
The City Council adopted Resolution No. 2020 -20 on March 25, 2020 (Attachment 1). This contains the goals and policies regard ing the formation and establishment of Community Facility Districts (CFDs), including a prioritization for the types of CFDs that may be supported by the policy and an application procedure for development-related CFDs.

The City Council has authorized development impact fees to recover a development’s proportionate share of improvements necessary to meet facility demands created by such development at established City service level standards. Those impact fees include traffic, public facility, park, draina ge facilities, and art in public places fees. The development impact fees were comprehensively reviewed in 201 7 and were 141
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most recently amended through Resolution No. 2020 -125. The City Council has also authorized the collection of water and wastewater connection fees to capture a new connection’s proportional share of existing capital facilities which will be used to provide service to the new connection.

Nutmeg 134, LLC is a 134 -unit single -family attached development project that was approved in two separate phases. The initial phase of 37 homes was approved by City Council on November 20, 2019, and the second phase of 97 homes was approved by City Council on November 18, 2020. The project is located on the north and south sides of North Nutmeg Street, between North Centre City Parkway and Interstate-

15. The project was conditioned on the payment of all development impact fees . The approval on November 18, 2020, also required the applicant to either annex into the citywide services CFD or establish another funding mechanism to offset development impacts to the General Fund.

BACKGROUND
The applicant has requested consideration of the formation of a CFD for the purpose of financing the connection fees and development impact fees they are required to pay as conditions of approval.

CFDs are authorized by Section 53312.7 of the California Government Code provided that a local agency has considered and adopted local goals and policies. Consistent with this requirement, the City Council adopted a policy under Resolution No. 2020-20 that authorizes the formation of a CFD for the purpose of financing or assisting in financing the acquisition or construction of public infrastructure and/or the provision of authorized public services and establishes the following prioritization:

1. City public services

2. Backbone infrastructure and facilities to be owned and/or operated by the City that are required to serve the project and that are identified in an infrastructure master plan, general plan, specific plan or other appropriate document approved by the City as a major backbone infrastructure element; and/or other public facilities to be owned and/or operated by the City for which there is a clearly demonstrated public benefit

3. Public improvements of other public agencies
The prioritization specifically identifies that the:
…financing of public improvements in tandem with the provision of credits toward the payment of development impact fees will be considered on a limited case-by-case basis at the City’s sole discretion.

Privately-owned improvements and in-tract infrastructure are not supported under the policy.

The policy provides direction on the application procedure for the formation of a development-related CFD, including the early review of an application f or a CFD by a staff committee for compliance with the Council adopted policy. It also accounts for the economic benefit to a property owner or developer to 142
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obtain financing from the proceeds of tax-exempt bonds, including financing at interest rates substantially lower than conventional financing interest rates, and establishes that in consideration of those benefits, there should be a substantial City benefit from the project and/or CFD financing plan.

The Nutmeg 134, LLC project is responsible for approxi mately $4. 0 million in connection fees and development impact fees for the 134-unit project, including roughly $3.2 million in fees due to the City of Escondido and $ 800,000 in fees to the Rincon del Diablo Municipal Water District . The request was originally made by way of a letter to City staff dated May 18, 2022, and has been revised as of January 13, 2023 (Attachment 2).

This request was evaluated in further detail by City staff between October and December 2022 and the applicant was advised that staff did not support the request. Staff’s direction was based on the Council policy guiding the formation of CFDs, particularly that the financing of development impact fees was not a priority of the policy and is to be considered on a case -by-case basis and t hat the request for the formation of a CFD did not demonstrate a substantial benefit to the City as required under the policy. The requested CFD would be limited to a financing mechanism for the development impact fees that the project is otherwise required to pay as a condition of approval. Further, the projects cited by the applicant as instances where the City has supported the formation of a CFD that included the payment of development impact fees are materially different from the Nutmeg 134, LLC project.

Both the Villages and the Eclipse/Mountain House projects were entitled prior to the Council actions to form CFD 2020-1, the citywide services CFD, and the Council’s decision to apply it to any project approved after May 13, 2020. Neither project was required to annex into CFD 2020-1; however, each chose to do so in consideration for the formation of their respective CFDs. The Villages CFD (CFD 2020-2) was formed on April 8, 2020, through Ordinance No. 2020-11 and authorized up to $16 million in bond proceeds. The Eclipse/Mountain House CFD (CFD 2022 -1) was approved on March 16, 2022 , and authorized up to $6 million in bond proceeds. The annexation of the Villages and Eclipse/Mountain House projects to the citywide services CFD in consideration for the formation of the project CFDs added 424 dwelling units to the citywide services CFD that constitute over $300,000 in annual revenue.

This is distinct from Nutmeg 134, LLC project, which for the second phase of its project, representing 97 of the 134 total units, has already been conditioned to either annex into the citywide services CFD or establish another funding mechanism to offset development impacts to the General Fu nd. As well, the applicant had previously submitted a unanimous consent form petitioning for annexation of the full 134- unit project into the citywide services CFD.

Beyond the lack of substantial City benefit for the formation of a project CFD for Nutmeg 134, LLC, the formation of a CFD has significant impacts to City staffing during the formation of the CFD and through the bond sale together with annual reporting requirements and management until the bonds are no longer outstanding.
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After the issuance of bonds, the City is responsible to manage the bond funds, meet the annual administrative requirements, ensure the City is compliant with continuing disclosure activities required by the State, respond to impacted property owners with information regarding the assessments, and monitor delinquencies to ensure sufficient property tax revenue is collected to support the annual bond debt service payments. While application and administration fees are intended to off-set the direct costs of forming and administering a CFD, it is a diversion of staff resources and capacity and it creates a 30 - year commitment over the life of the bonds.

Interest rates have increased recently, as a result it is also likely that the bonds will be refunded at a future date, requiring additional staff time and consultant fees. Exhibit “D” in the attached letter from Nutmeg Homes provides an estimated debt service and bond sizing schedule, a bond issue of $4.8 million with an average yield of 5.25% will require $5.6 million in interest payments over the life of the bonds.

The creation of a CFD for the purpose of financing development impact fees places restrictions on the fee revenue that would otherwise not exist. The Federal Internal Revenue Code requires that at least 85% of the bond proceeds are spent within 3 years of a bond issuance. Until the bond proceeds are spent, the funds are subject to “arbitrage” requirements. Arbitrage is created when public issuers borrow funds in the tax-exempt market (through a bond issue) and earn investment revenue at an interest rate materially higher than the bond yield. The arbitrage (investment earnings) are potentially required to be repaid to the IRS, referred to as a rebate, and the bond issue may lose the tax-exempt status.

The proposal to form a project CFD for Nutmeg 134, LLC would increase the annual total effective tax rate from an estimated 1.38 percent to 1.75 to 1.77 percent. While this is less than the maximum 1.80 percent that is allowed under the CFD policy, it is a sig nificant tax burden and staff is not persuaded by previous statements made by the applicant that the formation of the project CFD would support housing affordability.

ATTACHMENTS

1. Resolution No. 2020-20

2. Letter from Nutmeg 134, LLC dated January 13, 2023

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RESOLUTION NO. 2020-20

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ESCONDIDO, CALIFORNIA,

AUTHORIZING THE ADOPTION OF THE

AMENDED AND RESTATED CITY OF

ESCONDIDO STATEMENT OF GOALS AND

POLICIES REGARDING THE

ESTABLISHMENT OF COMMUNITY

FACILITIES DISTRICTS (CFD)
WHEREAS, the City Council of the
City of Escondido adopted the City of
Escondido Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (Policy) on August 25, 1999; and
WHEREAS, amendments to the Policy are recommended to contemplate a proposed services CFD and to update the policy to conform to current industry standards.

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 Amended and Restated City of Escondido Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts as provided in Exhibit “A” is hereby adopted.

DocuSign Envelope ID: B7D72DFD-878A-4D84-8A16-360219F86516 Attachment "1"
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Item14.

PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 25th day of March, 2020 by the following vote to wit:

AYES : Councilmembers: DIAZ, MARTINEZ, MORASCO, MCNAMARA

NOES : Councilmembers: NONE

VACANT : Councilmembers: DISTRICT 2

APPROVED:

PAUL MCNAMARA, Mayor of the
City of Escondido, California

ATTEST:

ZACK BECK, City Clerk of the
City of Escondido, California

RESOLUTION NO. 2020-20
DocuSign Envelope ID: B7D72DFD-878A-4D84-8A16-360219F86516 Attachment "1"
146
Item14.

AMENDED AND RESTATED

CITY OF ESCONDIDO

STATEMENT OF GOALS AND POLICIES REGARDING THE

ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS
The Lo
cal Goals and Policies set forth herein hereby amend, restate and supersede the City of Escondido’s Local Goals and Policies originally adopted on August 25, 1999 as Exhibit A to Resolution No. 99-181.

INTRODUCTION
Pursua
nt to Section 53312.7 of the California Government Code (“Code”), the City Council of the City of Escondido (the "City Council") hereby states its goals and policies concerning the use of Chapter 2.5 of Part I of Division 2 of Title 5 of the Code (hereafter the " Act”) in providing adequate public infrastructure improvements and services for the residents of the City of Escondido (the "City"). The following goals and policies shall apply to all Community Facilities Districts (“CFD”) hereafter formed by the City.

Any poli
cy or goal stated herein may be supplemented or amended, or deviated from, upon a determination by the City Council that such supplement, amendment or deviation is necessary or desirable and in the best interests of the City. Any policy or goal stated herein shall be deemed amended or supplemented in the event, and as of the date, if ever, that such amendment or supplement is required to ensure compliance with the Act or any other laws of the State of California or federal laws of the United States of America.

A. Scope of this Policy
The scope of this policy is limited to the proposed formation of a CFD for the limited purpose of financing or assisting in financing the acquisition or construction of public infrastructure and/or the provision of authorized public services.

B. Initiation of CFDs
The City will consider applications initiated by owners or developers of vacant property proposed to be developed, owners of property within existing developed areas, or registered voters residing in existing developed areas. The City itself may initiate establishment of CFDs to finance authorized public improvements (“Facilities CFD”) or to provide authorized public services that benefit or serve existing or new d evelopments (“Services CFD”) or a combination thereof. A CFD, or an improvement area within a CFD, proposed to be established to finance public improvements or authorized services to serve new development may be referred to as a "Development Related CFD." Resolution No. 2020-20
Exhibit A

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Escondido City CouncilMarch 8, 2023

Escondido City Council
March 8, 2023