Agenda packet — Escondido City Council, July 19, 2023 (part 3 of 5)

Vista Community
Clinic
Kristin
Haukom
Hannah
Day-Kapell
Vincent
Hellens
Devan Gelle Samantha
Hernandez
Project
Coordinator
Patricia
Huerta
Carolina
Plancarte
Esmeralda
Landin
Provided as a
Vendor Cost, Total
Lump Sum Per Task
Project
Manager
Principal-inChargeEngineerin
g Lead
SRTS
Specialist
Designer Project
Coordinator
Labor
Hours Total
Executive
Director/
Oversight
Program
Manager
Outreach
Specialist
Labor
Hours Total Total
$230 $250 $290 $120 $120 $110 $150 $100 $75
0 $0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
14 $2,340 28 $1,800 $12,600
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $500
0 0 0 0 0 0 0 $0 1 2 2 5 $500 $500
4 0 0 0 0 0 4 $920 1 4 0 5 $550 $500
2 0 0 8 0 0 10 $1,420 0 3 6 9 $750 $600
0 0 0 0 0 0 0 $0 1 3 2 6 $0 $7,500
0 0 0 0 0 0 0 $0 1 2 0 3 $0 $3,000
0 $0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 $0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 $0 0 $0 $300
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $300
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
6 0 0 8 0 0 14 $2,340 4 14 10 28 $1,800 $12,900
71 $13,650 56 $6,700 $7,100
25 2 0 0 0 8 35 $7,130 0 0 0 0 $0 $500
0 0 0 0 0 0 0 $0 0 7 2 9 $850 $1,100
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $5,000
4 0 0 0 0 0 4 $920 0 4 2 6 $550 $500
16 0 0 16 0 0 32 $5,600 1 30 10 41 $5,300 $0
140 $23,400 20 $1,750 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
60 0 0 80 0 0 140 $23,400 0 10 10 20 $1,750 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
90 $16,900 13 $1,200 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
16 2 24 24 24 0 90 $16,900 1 6 6 13 $1,200 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 $ - 0 $ - $ -
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
8 $1,400 0 $0 $0
4 0 0 4 0 0 8 $1,400 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 $0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
125 4 24 124 24 8 547 $55,350 2 57 30 122 $9,650 $7,100 131 4 24 132 24 8 323 $ 57,690 6 71 40 117 $ 11,450 $ 20,000 $57,690 $11,450 $20,000
0 $0 0 $0 $0
0 0 0 0 0 0 0 $0 0 0 0 0 $0 $0
0 0 0 0 0 0 0 $ - 0 0 0 0 $ - $ -
uction charges are charged as a percentage of labor on the project.

Alta
Alta Totals
Education COMPACT
Education
COMPACT Totals
2 Resolution No. 2023-91
Exhibit "A"

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Poonam
Boparai
Andrew
Martin
Nichole
Greenfield
Alyssa Luna Gayiety
Lane
Jessica
Buerhle
Principal-inChargeProject
Manager
Environme
ntal
Planner
GIS Technician Administratio
n
Labor
Hours Total
Total
Hours Total Costs
$295 $230 $145 $125 $135 $115
0 $0 91 $17,480
0 0 0 0 0 0 0 $0 52 $9,785
0 0 0 0 0 0 0 $0 39 $7,695
0 $0 205 $48,105
0 0 0 0 0 0 0 $0 8 $2,350
0 0 0 0 0 0 0 $0 15 $3,070
0 0 0 0 0 0 0 $0 32 $6,740
0 0 0 0 0 0 0 $0 111 $19,680
0 0 0 0 0 0 0 $0 30 $12,045
0 0 0 0 0 0 0 $0 9 $4,220
0 $0 63 $13,000
0 0 0 0 0 0 0 $0 63 $13,000
0 $0 16 $3,465
0 0 0 0 0 0 0 $0 16 $3,465
0 $0 14 $3,050
0 0 0 0 0 0 0 $0 6 $1,660
0 0 0 0 0 0 0 $0 8 $1,390
0 0 0 0 0 0 0 $0 389 $85,100
4 $920 293 $58,940
0 4 0 0 0 0 4 $920 98 $19,375
0 0 0 0 0 0 0 $0 59 $11,180
0 0 0 0 0 0 0 $0 18 $8,465
0 0 0 0 0 0 0 $0 28 $5,600
0 0 0 0 0 0 0 $0 90 $14,320
0 $0 727 $115,245
0 0 0 0 0 0 0 $0 23 $4,850
0 0 0 0 0 0 0 $0 360 $50,280
0 0 0 0 0 0 0 $0 56 $11,030
0 0 0 0 0 0 0 $0 188 $30,750
0 0 0 0 0 0 0 $0 19 $3,405
0 0 0 0 0 0 0 $0 38 $6,900
0 0 0 0 0 0 0 $0 43 $8,030
0 $0 304 $58,545
0 0 0 0 0 0 0 $0 82 $15,460
0 0 0 0 0 0 0 $0 15 $3,390
0 0 0 0 0 0 0 $0 31 $6,370
0 0 0 0 0 0 0 $0 111 $20,060
0 0 0 0 0 0 0 $0 31 $5,930
0 0 0 0 0 0 0 $0 14 $3,025
0 0 0 0 0 0 0 $0 20 $4,310
0 $ - 213 $40,225
0 0 0 0 0 0 0 $0 84 $15,780
0 0 0 0 0 0 0 $0 94 $17,580
0 0 0 0 0 0 0 $0 35 $6,865
0 $0 142 $28,410
0 0 0 0 0 0 0 $0 87 $16,440
0 0 0 0 0 0 0 $0 23 $4,770
0 0 0 0 0 0 0 $0 32 $7,200
176 $31,360 307 $57,375
0 0 0 0 0 0 0 $0 105 $20,220
0 0 0 0 0 0 0 $0 16 $3,570
0 0 0 0 0 0 0 $0 8 $1,785
17 44 92 4 10 9 176 $31,360 178 $31,800
$17,000
$1,000
$2,500
$20,000
17 48 92 4 10 9 180 $32,280 1,986 $399,240
17 48 92 4 10 9 180 $ 32,280 2,375 $484,340
$32,280 $484,340
0 $0 196 $36,980
0 0 0 0 0 0 0 $0 196 $36,980
$4,020
51 144 276 12 30 27 0 $ - 196 $41,000
Ascent
Ascent Totals

COMPLETE
TOTAL
3 Resolution No. 2023-91
Exhibit "A"

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RESOLUTION NO. 2023-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A VOUCHER

AGREEMENT WITH CALSTART TO RECEIVE FUNDING,

THROUGH CLEAN MOBILITY OPTIONS, TO CONTRACT

FEHR & PEERS TO PREPARE A COMMUNITY

TRANSPORTATION NEEDS ASSESSMENT
WHEREAS, the City of Escondido (“City”), as Lead Applicant, submitted a Mobility Project Voucher Application on November 2, 2022, for the Clean Mobility Options Voucher Community Transportation Needs Assessment (CMO). The application submitted was for the preparation of a strategy to provide clean mobility options for disadvantaged communities in Escondido; and WHEREAS, the City is eligible to receive funding through CMO, a statewide initiative funded by California Climate Investments, and administered by California Air Resource Board’s Program Administrator team to provide funding for zero-emission shared mobility options to under-resourced communities in California; and
WHEREAS, the City will comply with the requirements of the CMO program stated in the Implementation Manual and will accept the CMO voucher funds; and WHEREAS, the City will contract with Fehr & Peers to act as consultants in the completion of the Community Transportation Needs Assessment.

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

1. That the above recitations are true.
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Item11.

2. That the City Council of the City of Escondido is committed to implementing clean transportation strategies and increasing transportation equity in Escondido’s SB 1550 designated LowIncome Communities; and

3. That the City Council appoints the City Engineer as authorized representative to execute the approval of CMO voucher funds, reiterate CMO program commitments, and complicance with CMO program requirements to the CMO Program Administrator Team.

4. That the Mayor is authorized to execute, on behalf of the City, a Voucher Agreement with CALSTART, which is attached to this Resolution as Exhibit “A” and incorporated by this reference, subject to final approval as to form by the City Attorney.
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Item11.

Clean Mobility Options Voucher Pilot Program
Community Transportation Needs Assessment
Voucher Agreement
Number NA22W2A-11
This Voucher Agreement (hereinafter, “Agreement”) is made and entered between the CALSTART, Inc., whose principal place of business is 48 S. Chester Avenue, Pasadena, California 91106, hereinafter referred to as "Program Administrator" and the City of Escondido, whose principal place of business is 201 N. Broadway, Escondido, CA 92025, hereinafter referred to as “Awardee”.

WITNESSETH:

WHEREAS, on 04/01/2019 CALSTART executed grant agreement G17- CMDC-01 with the State of California, California Air Resources Board (CARB).

WHEREAS, CALSTART is a non-profit, public benefit corporation seeking to create quality jobs, support clean air initiatives, enhance the quality of life, especially in disadvantaged communities, and improve America’s global competitiveness through the establishment of an advanced clean transportation industry.

WHEREAS, the City of Escondido, qualifies as a voucher applicant per the Implementation Manual for the Clean Mobility Options Voucher Pilot Program.

WHEREAS, CALSTART desires to contract with the City of Escondido for, and the City of Escondido desires to provide the services described in the Scope of Work, attached as Exhibit B, and made a part herein by reference.

WHEREAS, the City of Escondido represents that it is willing and able to perform the activities set forth herein.

NOW, THEREFORE, based on their mutual promises, covenants, and conditions, the parties hereby agree as follows:

Resolution No. 2023-69
Exhibit "A"

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CLEAN MOBILITY OPTIONS (CMO) VOUCHER PILOT PROGRAM TERMS

1. Complete Agreement
The complete Agreement between the parties shall consist of the following parts:
• Voucher Agreement (this document)
• Exhibit A: Notice of Intent to Award
• Exhibit B: Scope of Work
• Exhibit C: Project Payment Request Template
• Exhibit D: Application Submission and Attachments (Original) • Exhibit E: Resolution/Project Approval
• Exhibit F: Conflict of Interest Declaration
• Exhibit G: Confidentiality Statement
Collectively this instrument, the exhibits and the documents incorporated by reference constitute the complete agreement between the parties.

The Awardee understands the Agreement terms are non-negotiable and agree to abide by all requirements, terms, and conditions of the CMO Voucher Pilot Program, which are contained in the Implementation Manual for the Clean Mobility Operations Voucher Pilot Program currently in effect, which can be obtained on the Internet at https://cleanmobilityoptions.org/implementation-manual/.

Order of Preference: In the event of any conflict in the Agreement documents, the following shall take precedence:
1) this Agreement and future amendments thereto
2) Other exhibits to this Agreement.

Under no circumstances shall the Awardee's final plans and specifications relieve the Awardees of any requirement contained in the Agreement unless the Program Administrator has expressly agreed, in writing, to waive the requirement.

2. Voucher Acknowledgement
This Agreement is funded in whole or in part by a California Air Resources Board (CARB) grant to the Program Administrator under the California Climate Investment (CCI) program. As such, the Awardee, and its sub-Awardees shall fully comply with all applicable grant rules, regulations, and requirements outlined in the Agreement.

3. Voucher Summary and Contact Information
Project Title: Community Transportation Needs Assessment Total Funding: $100,000
Project Lead (Awardee): City of Escondido
Main Contact: Edd Alberto
Resolution No. 2023-69
Exhibit "A"

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Title: City Traffic Engineer
Address: 201 N. Broadway, Escondido, CA 92025
Phone:760-839-4541
Authorized Official: Dane White
Title: Mayor

4. Agreement Term
A. The term of this Agreement shall commence after the Agreement is fully executed, with an effective date of August 16, 2023, and shall end on August 15, 2024 unless sooner terminated as provided for in Article 12 herein or amended by mutual written agreement of both Parties.

5. Performance and Reporting Requirements
A. The Awardee shall submit at least one bi-annual status report during the voucher agreement term and an end-of-year project Final Report shall be submitted within 30 calendar days before the project completion or voucher agreement end date, whichever occurs sooner. The Program Administrator reserves the right to review, comment, and request changes to any report produced as a result of this Agreement and the Awardee agrees to make the changes requested.

B. The Awardee warrants that it will exercise due care and diligence in the performance of work and the work shall be fully and finally completed in accordance with this Agreement subject to the Program Administrator's final approval which the Program Administrator will not unreasonably withhold. Any costs incurred due to the failure to meet the foregoing standard or correct otherwise defective work that requires re-performance of the work, as directed by the Program Administrator, shall be the responsibility of the Awardee and not the Program Administrator. In the event the Awardee fails to perform in accordance with the above standard:
i. The Awardee will re-perform, at its own expense, any task which was not performed to the reasonable satisfaction of the Program Administrator. Any work re-performed pursuant to this Clause shall be completed within the time limitations originally set forth for the specific task involved. The Awardee must meet the task deadline at no additional cost to the Program Administrator. ii. The Program Administrator may, at its own discretion, provide a new schedule for the re-performance of any task pursuant to this paragraph in the event the re-performance of a task within the original time limitations is not feasible.

C. The Program Administrator has the option to direct the Awardee not to reperform any task which was not performed to the reasonable satisfaction of the Program Administrator pursuant to (i) and (ii) above. In the event the Program Administrator directs the Awardee not to re-perform a task, the Program Resolution No. 2023-69
Exhibit "A"

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Item11.

Administrator and the Awardee shall negotiate a reasonable settlement for satisfactory work performed. Any previous payments made by the Program Administrator shall not be considered a waiver of the Program Administrator’s right to reimbursement.

6. Outreach, Communication and Participation
A. Awardees must ensure that key documents, platforms, and customer services are available in commonly-spoken languages in the project area, as determined through census data and community engagement. Key resources to be provided in commonly-spoken languages may include, but are not limited to:
a. End user terms and conditions of service
b. Privacy policies
c. User manuals
d. Mobile software applications
e. Outreach and marketing materials
f. Customer service materials
B. The Awardee agrees to conduct all community outreach and education events as specified in Exhibit B in accordance with stipulations set forth in the Implementation Manual.

C. The Awardee agrees to follow instructions outlined in the CMO Awardee General Branding and Communications Toolkit when publicly communicating about the program, including displaying the CMO Program logo, the CCI logo and the California Energy Commission (CEC) logo on all outreach and education materials. The Awardee agrees to acknowledge the CCI program as a funding source from CARB’s Low Carbon Transportation program whenever projects funded, in whole or in part by this agreement, are publicized in any news media, websites, brochures, publications, audiovisuals, or other types of promotional material using the program funding language provided in the CMO Awardee General Branding and Communications Toolkit.

D. The Awardee understands and agrees that all outreach materials, project websites, press releases and press events must receive prior approval from the Program Administrator.

E. The Awardee understands and agrees that the Program Administrator may use the Awardee organization name, the Awardee partner organization names, and any descriptive language and/or branding and imagery used in the application and/or in the execution of the voucher during CMO program activities and events for use in educational or promotional materials in print, multimedia, or web form.

Language, branding, imagery, and/or photos and videos will only be used for purposes related to the CMO program.

F. The Awardee understands and agrees to participate in Clean Mobility Equity Alliance (CMEA) events, training, and meetings as required by the Program Resolution No. 2023-69
Exhibit "A"

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Administrator or CARB.

G. The Awardee understands and agrees to coordinate with other CARB’s Low Carbon Transportation Investment Projects, including the Access Clean California Project, STEP, and CMIS.

7. Budget and Voucher Payments for Cost-Based Payments
A. Budget Amount
In accordance with the actual costs summarized in the Budget Categories in Exhibit B, the Awardee will be paid a total amount not to exceed One Hundred Thousand Dollars and 00/100 dollars ($100,000).

B. Voucher Payments
a. Payment requests shall be submitted for actual costs incurred in accordance with the policies and requirements described in the Implementation Manual and will be contingent upon the availability of funds received from the CARB)
b. In the event funds are not available, CALSTART shall have no liability to pay any funds whatsoever to the Awardee or to provide any other considerations under this agreement. CALSTART will pay the Awardee within 10 days after CALSTART receives payment of invoices submitted from CARB.
c. Payments made under the Agreement will be subject to the approval of status reports and shall clearly summarize actual costs to be reimbursed in accordance with Budget Categories in Exhibit B. Costs billed that exceed Budget Categories (Direct Labor, Travel, Indirect Costs, etc.) will not be paid until a budget amendment is submitted and approved. Billings will be submitted no less than quarterly, but no more than monthly in a format consistent with the Payment Request form (Microsoft Excel file format) that will be furnished.
d. All costs submitted for reimbursement must be supported by sufficient relevant documentation:
i. Personal Costs: Each staff position billed will be listed individually to include the name, title, number of hours worked, and hourly rate. Labor hours billed will be supported by time records and documentation will be submitted supporting actual hourly labor rates. Payroll registers and/or other third-party documents supporting actual payroll will be provided upon request.

Resolution No. 2023-69
Exhibit "A"

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ii. Travel Costs:

1. The Awardee headquarters shall be considered the location of the Awardee's office where the employees’ assigned
responsibilities for this award are permanently assigned.

2. Travel costs submitted for reimbursement will be itemized on a listing providing information about the date traveled; origin and destination; individuals traveling; and purpose of business travel.

3. All travel costs billed will be supported by itemized receipts and/or invoices.

4. Travel costs reimbursed will be limited to the maximum per diem amounts set by the California Department of Human
Resources (CalHR) at
http://www.calhr.ca.gov/employees/pages/travelreimbursements.aspx. iii. All other direct costs, including Subcontractor costs, shall be itemized on the invoice and supported by sufficient relevant documentation such as a vendor invoice, receipt or other pertinent third-party provided documentation verifying amounts billed and/or reported as matching cost. Purchases exceeding $2,500 not in the original budget must be pre-approved in writing. Copies of cancelled checks will be supplied upon request.
e. Applicable non-labor rates used for billing purposes, including, but not limited to, fringe benefit, overhead and G&A rates, will be supported by the methodology in which the rates are derived and applied. An approved cost rate agreement negotiated with a Federal cognizant agency or the Federal de minimis rate used in accordance with § 200.414(f) of 2 CFR 200 will suffice.
f. The following costs are not allowable under any circumstances:
i. Food and alcoholic beverages
ii. Childcare
iii. Bonding costs
iv. Fines and penalties
v. Litigation and other legal costs
g. The Program Administrator will disallow payment of costs not supported by sufficient relevant documentation. The Awardee shall bear all costs and expenses incurred that are not in accordance with the term and conditions of this Agreement, unless the Program Administrator, in consultation with CARB, determines otherwise. The Awardee shall not request payment for Resolution No. 2023-69
Exhibit "A"

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ineligible costs (see f above).
h. The Awardee shall maintain records, documents, and other evidence supporting all allowable costs incurred or anticipated applicable credits, and the receipt, use, and disposition of government or CALSTART property coming into the possession of the Awardee under this Agreement. The accounting system employed by the Awardee shall be in accordance with generally accepted accounting principles and best business practices, consistently applied.
i. Upon completion or termination of the Agreement, the Awardee shall submit the final invoice (if any) no later than thirty (30) days after such completion or termination date. The invoice shall be clearly marked as “FINAL” and prepared as indicated above.
j. Each invoice must provide the agreement number, period covered by invoice, and the Awardee’s Employer Identification Number and submitted via email to [email protected], or U.S. Postal Service using the following address:

Attention: Clean Mobility Options
CALSTART, Inc.
48 S Chester Avenue
Pasadena, CA 91106
D. The Awardee agrees and understands to prohibit using voucher funds to aid or support a sectarian purpose pursuant to California Constitution, article XVI, section 5. The Awardee also agrees to prohibit from using voucher funds to aid or support a sectarian or denominational school or any school not under the exclusive control of the officers of the public schools pursuant to California Constitution, article IX, section 8. CARB and the Program Administrator reserve the right to obtain additional information from applicants and voucher Awardees to determine compliance with California Constitution, article XVI, section 5 and article IX, section 8. Failure to provide any requested information may result in denial of funding.

8. Suspension of Payments and Early Agreement Termination A. The Program Administrator reserves the right to issue a suspension order in the event that a dispute should arise. If issued, a suspension order will be in effect until the dispute has been resolved or the Voucher Agreement has been terminated.

B. In the event the Awardee chooses to continue to work on the project after a suspension order has been issued the Awardee will not be paid for completed milestones during the suspension if the Program Administrator terminates the Awardee’s Voucher Agreement.

Resolution No. 2023-69
Exhibit "A"

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C. If CARB rescinds the suspension order and does not terminate the Awardee’s Voucher Agreement, the Program Administrator will pay completed milestones during the suspension that are payable in accordance with the terms of the Awardee’s Voucher Agreement.

D. In accordance with Termination provisions (under the Voucher Agreement General Provisions, below), the Program Administrator reserves the right to terminate the Voucher Agreement upon 30 calendar days written notice to Awardee. Upon termination, all remaining funds must be immediately returned to the Program Administrator.

9. Oversight and Accountability
A. The Awardee shall comply with all oversight responsibilities set forth in the Implementation Manual.

B. If the Awardee detects any actual or potentially fraudulent activity by a member of its project team, the Awardee shall notify CARB and the Program Administrator as soon as possible and work with the Program Administrator to determine an appropriate course of action.

C. In the event that CARB determines that recouping grant funds is necessary due to falsification, misspending, misinformation, misappropriation, fraud, negligence, non-compliance with program requirements or applicable laws, or other related circumstances by the Awardee or its subawardees or subcontractors, the Awardee agrees to return all grant funds requested, including any interest earned, within sixty (60) days of written notification from CARB. In addition, CARB may seek other remedies available by law. CARB may also retain the authority to prohibit the entity from participating in CMO Voucher Pilot Programs due to non-compliance with the program requirements.

10.Modification to Agreement
Any modification to this Agreement must be mutually agreed upon and in writing before it is effective. Any action taken by the Awardee that is not within scope of the Agreement without authorized modification to this Agreement is deemed not authorized and Program Administrator may prohibit such costs from being claimed as reimbursable hereunder.

11.Change of Business
Change in Business – The Awardee shall promptly notify Program Administrator of the occurrence of each of the following:

A. A change of address.

B. A change in the business name or ownership.

Resolution No. 2023-69
Exhibit "A"

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Item11.

C. The existence of any litigation or other legal proceeding affecting the project.

D. The occurrence of any casualty or other loss to project personnel, equipment, or third parties of a type commonly covered by insurance.

E. Receipt of notice of any claim or potential claim against the Awardee for a patent, copyright, trademark, service mark, and/or trade secret infringement that could affect the Program Administrator, and/or CARB’s rights.

The Awardee shall not change or reorganize the type of business entity under which it does business except upon prior written notification to the Program Administrator.

A change of business entity or name change requires an amendment assigning or novating the Agreement to the changed entity. In the event the Program Administrator is not satisfied that the new entity can perform as the original Awardee, the Program Administrator may terminate this Agreement as provided in Article 12.

12.Notices and Contract Representatives
All notices that are required under this Contract shall be provided in the manner set forth herein unless specified otherwise. Notice to a party shall be delivered to the attention of the person listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent by email, U.S. Mail, express, certified, return receipt requested, or a nationally recognized overnight courier service. In the case of email communications, valid notice shall be deemed to have been delivered upon sending, provided the sender obtained an electronic confirmation of delivery. Email communications shall be deemed to have been received on the date of such transmission, provided such date was a business day (Tuesday-Friday) and delivered prior to 5:30 pm Pacific Standard Time. Otherwise, receipt of email communications shall be deemed to have occurred on the following business day. In the case of U.S. Mail notice, notice shall be deemed to be received when delivered or five (5) business days after deposit in the U.S. Mail. In the case of a nationally recognized overnight courier service, notice shall be deemed received when delivered (written receipt of delivery).

City of Escondido
Julie Procopio
City Engineer
201 N. Broadway
Escondido, CA 92025
[email protected]
CALSTART, Inc.

Piero Stillitano
Chief Financial Officer
48 South Chester Avenue
Pasadena, CA 91106
Resolution No. 2023-69
Exhibit "A"

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[email protected]

13. Insurance Requirements
The Awardee shall comply with all insurance requirements as outlined in the Implementation Manual, providing evidence of required coverages upon agreement execution and upon request thereafter. After the voucher is awarded, failure to provide the certificate within 60 days from the voucher execution date may result in the termination of the Agreement. No work shall begin, and no payments will be made under the Agreement until the Awardee fully complies with all applicable insurance requirements and sufficient evidence of coverage, such as a certificate of insurance, is provided.

The Awardee is responsible to submit evidence of insurance annually, or upon request, until the end of the Agreement term.

14. Representations and Certifications
A. The Awardee has, and will have, full authority to execute this Agreement; and to provide the Services that it agrees to provide under this Agreement according to the terms set forth herein.

B. The Awardee is either a public agency, non-profit organization, or tribal government consistent with applicant eligibility as defined in the Implementation Manual.

C. This Agreement is legally valid, binding and enforceable against both parties.

D. The Awardee personnel will comply with all applicable laws, rules and regulations governing the performance of each of their respective obligations under this Agreement and shall maintain, requisite licenses, registrations, approvals and exemptions required to perform obligations under this Agreement.

E. The Awardee will ensure that all its personnel will comply with its obligations under this Agreement in a timely fashion, consistent with best practices in the industry.

F. The Awardee certifies that there is no material threatened or pending legal proceeding or government action to which it is a party or to which any of its property is subject, which could materially and adversely affect its ability to enter into this Agreement and/or perform all of its obligations hereunder.

G. The Awardee will ensure that the Awardee personnel have appropriate experience, qualifications and expertise to perform the Services according to Exhibit B.

H. The Awardee will ensure that the equipment, materials and products provided will Resolution No. 2023-69
Exhibit "A"

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413
Item11.
not infringe on any patent, license or other intellectual property.

15. Intellectual Property Rights:

Any webpage(s), software, databases, program data, or other intellectual property developed or purchased by the Awardee for the purposes of administering or implementing the project under the Clean Mobility Voucher Pilot Program, are the property of CARB. However, that Awardee shall have an unencumbered, royalty-free, perpetual license to use any such information, data, documents, and intellectual property for all government purposes with prior approval by CARB. No information, data, documents, or intellectual property received, generated, or developed exclusively for the Agreement during the Agreement Term shall be released to the public without CARB’s approval.

16. Confidentiality and Data Security
A. In addition to the confidentiality obligations set forth in Exhibit G and the Implementation Manual, it is expressly understood and agreed that information the Awardee obtains on behalf of the Program Administrator in performing its obligations under the Agreement may be deemed confidential by the Program Administrator, and therefore, the Awardee agrees to:
a. Treat and protect information or data, including but not limited to all participant records and supporting documentation that personally identifies or describes an individual or individuals as confidential in accordance with California Information Practices Act (California Civil Code Sections 1798, et seq.) and other relevant State or Federal statutes and regulations. b. Observe complete confidentiality with respect to such information or data collected pursuant to the Agreement, including without limitation, agreeing not to disclose or otherwise permit access to such information by any other person or entity in any manner whatsoever unless such disclosure is required by law or legal process.
c. Ensure that the Awardee’s employees are informed of the confidential nature of such information and ensure by agreement or otherwise that they are prohibited from copying, revealing, or utilizing for any purpose in fulfillment of this grant, the contents of such information or any part thereof, or from taking any action otherwise prohibited under this section. d. Limit access to information and data gathered pursuant to this Agreement only to necessary employees to perform their duties.
e. Notify the Program Administrator immediately and in writing of the circumstances surrounding any possession, use, or knowledge of such information or any part thereof by any person or entity other than those Resolution No. 2023-69
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authorized by this section.
f. Store all records in a secure and safe storage facility that maintains confidentiality and provides fire and natural disaster protection. g. Retain files during the term of the Agreement plus three years and do not transmit to any outside entity during this time except as otherwise approved by CARB.
h. Transfer all project records to CARB or the Program Administrator at the end of the three-year window described (g) above unless otherwise instructed by CARB.
i. Not use any data or information obtained as part of the Agreement in the performance of services to others or for the benefit of others in any form whatsoever whether gratuitously or for valuable consideration without CARB’s written consent.
j. If the Awardee believes disclosure of a confidential record may be required under the California Public Records Act (California Government Code Section 6250 et seq.) or other law, the Awardee shall give CARB at least fourteen (14) calendar days written notice prior to any planned disclosure. The Awardee shall cooperate with and not object to CARB seeking a court order preventing disclosure should CARB in its sole discretion decide to do so.

17. General Provisions:

A. Amendment: No amendment or variation of the terms of the Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties.

B. Assignment: The Agreement is not assignable by the Awardee, either in whole or part, without the consent of CARB and the Program Administrator.

C. Availability of funds: CARB’s and the Program Administrator’s obligations under the Agreement are contingent upon the availability of funds. In the event funds are not available, the Program Administrator and the State shall have no liability to pay any funds whatsoever to the applicant or to furnish any other considerations under the Agreement.

D. Audits: The Awardee agrees that CARB, CEC, the Department of General Services, the Department of Finance, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Awardee and all State funds received. The Awardee agrees to maintain such records for Resolution No. 2023-69
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possible audit for a minimum of three years after the term of the Agreement is completed unless a longer period of records retention is agreed to in writing by the Program Administrator and the Awardee. The Awardee agrees to allow auditor access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Awardee agrees to include a similar right of the State to audit records and interview staff in any of the Awardees related to the performance of the agreement.

E. Awardee’s responsibility for work: The Awardee shall be responsible for work and for persons or entities engaged in work, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Awardee shall be responsible for any and all disputes arising out of its contract for work on the project, including but not limited to payment disputes with contractors, subcontractors, and providers of services. Neither the State nor the Program Administrator will mediate disputes between the Awardee and any other entity concerning responsibility for the performance of work. The Awardee shall only distribute CMO voucher funds on a reimbursement basis and shall not use voucher funds for advance payments to contractors, subcontractors, service providers, suppliers, subgrantees, or other third parties.

F. Compliance with laws, regulations, etc.: The Awardee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and State laws, rules, guidelines, regulations, and requirements of the Agreement.

G. Computer software: The Awardee certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of the Agreement for the acquisition, operation, or maintenance of computer software violation of copyright laws.

H. Confidentiality: No record designated as confidential by CARB, CEC and/or the Program Administrator or the subject of a pending application of confidentiality shall be disclosed by the Awardee.

I. Conflict of Interest: The Awardee certifies that it complies with applicable State and/or federal conflict of interest laws. The Awardee may have no interest, and shall not acquire any interest, direct or indirect, which will conflict with its ability to impartially complete the tasks described in the Agreement. The Awardee must disclose any direct or indirect financial interest or situation that may pose an actual, apparent, or potential conflict of interest with its duties throughout the Agreement term. The Program Administrator may consider the nature and extent of any actual, apparent, or potential conflict of interest in the Awardee’s ability to perform the project. The Awardee must immediately advise the Program Administrator in writing of any potential new conflicts of interest throughout the Agreement term.

Resolution No. 2023-69
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J. Damages of breach affecting tax exempt status: In the event that any breach of any of the provisions of the Agreement by the Awardee shall result in the loss of tax-exempt status for any State bonds, the Awardee shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach.

K. Dispute: The Awardee shall continue with the responsibilities under the Agreement during any dispute. The Awardee may work in good faith with CARB and the Program Administrator to resolve any disagreements or conflicts arising from the implementation of the Agreement. However, any disagreement that cannot be resolved at the management level within 30 calendar days of when the issue is first raised with CARB staff shall be subject to resolution by the CARB Executive Officer, or his designated representative. Nothing contained in this paragraph is intended to limit any rights or remedies that the parties may have under the law.

L. Environmental justice: In the performance of the Agreement, the Awardee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and lowincome populations of the State.

M. Fiscal management systems and accounting standards: The Awardee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit the tracing of awardee funds to a level of expenditure adequate to establish that such funds have not been used in violation of State law or the Agreement. Unless otherwise prohibited by State or local law, the Awardee further agrees that it will maintain separate project accounts in accordance with generally accepted accounting principles.

N. Force majeure: The Awardee shall not be excused from their obligations under the Agreement except in the case of Force Majeure events (as detailed below) and as otherwise provided for in the Agreement. In the case of any such exception, the nonperforming party shall give immediate written notice to the other, explaining the cause and probable duration of any such nonperformance.

The Awardee shall not be liable for delays in delivery or performance due to acts of God, a Force Majeure event of other the Awardees or vendors, acts of the Program Administrator, acts of civil or military authority/unrest, Government priority, strike or other labor disturbance, weather events, epidemic, war, riot or other Force Majeure events. The Awardee will notify the Program Administrator promptly of any material delay excused by this article and will specify the revised schedule of deliverables as soon as practicable.

In the event of any such delay, there will be no termination of the Agreement and the date of delivery or of performance shall be extended for a period equal to the time lost by reason of the delay. If the delay excused by this article extends for more than 60 days and the parties have not agreed upon a revised basis for Resolution No. 2023-69
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continuing the work at the end of the delay, including adjustment of the price, then either party (except where delay is attributable to the Program Administrator, in which event only Awardee), upon a 30-calendar day written notice, may terminate the unexecuted portion of the Services and such termination would be considered a termination for convenience.

O. Governing law and venue: The Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. The Program Administrator and the Awardee hereby agree that any action arising out of the Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Awardee hereby waives any existing sovereign immunity for the purposes of the Agreement.

P. Indemnification: The Awardee agrees to indemnify, defend and hold harmless the State, the Program Administrator, CEC, CARB and their officers, employees, agents, representatives, and successors-in-interest against any and all liability, loss, and expense, including reasonable attorneys’ fees, from any and all claims for injury or damages arising out of the performance by an the Awardee or its subcontractors or subgrantees, and out of the operation of equipment that is purchased with voucher funds from this program.

Q. Independent contractor: The Awardee, and its agents and employees, if any, in their performance of the Agreement, shall act in an independent capacity and not as officers, employees or agents of CARB, CEC or the Program Administrator.

R. Nondiscrimination: During the performance of the Agreement, the Awardee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, sexual orientation, medical condition, marital status, age (over 40) or allow denial of family-care leave, medical-care leave, or pregnancy-disability leave. The Awardee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment.

S. No third-party rights: The parties to the Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of the Agreement, or of any duty, covenant, obligation or undertaking established herein.

T. Ownership: All information, data, documents, and intellectual property developed exclusively for the CMO Agreement and during the agreement term is the property of CARB and/or the CEC, however, that Awardee shall have an unencumbered, royalty-free, perpetual license to use any such information, data, documents, and intellectual property for all government purposes with prior approval by CARB. No information, data, documents, or intellectual property received, generated, or developed exclusively for the CMO Agreement during the Agreement Term shall be released to the public without CARB’s approval.

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U. Personally Identifiable Information: Information or data, including but not limited to all records and supporting documentation that personally identifies an individual or individuals is confidential in accordance with California Civil Code sections 1798, et seq. and other relevant State or Federal statutes and regulations. The Awardee agrees to safeguard all such information or data which comes into their possession under the Agreement in perpetuity, and shall not release or publish any such information, data, or records.

V. Prevailing wages and labor compliance: If applicable, the Awardee agrees to be bound by all the provisions of State Labor Code Section 1771 regarding prevailing wages. If applicable, the Awardee shall monitor all agreements subject to payment from the Agreement to ensure that the prevailing wage provisions of State Labor Code Section 1771 are being met.

W. Severability: If a court of competent jurisdiction holds any provision of the Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of those provisions, will not be affected.

X. Termination: The Program Administrator may terminate the Voucher Agreement upon 30 calendar days written notice to the Awardee at any time prior to completion of the agreement upon violation by the Awardee of any material provision after such violation has been called to the attention of the Awardee and after failure of the Awardee to bring itself into compliance with the provisions of the Voucher Agreement. The Program Administrator also reserves the right to terminate the Voucher Agreement upon 30 calendar days written notice to Awardee if the Program Administrator determines that the project has not progressed satisfactorily during the previous three months and the Awardee and the Program Administrator have been unable to agree on modifications. Upon termination, the Awardee must immediately return unused funds to the Program Administrator.

Y. Timeliness - Time is of the essence in the Agreement. The Awardee agrees to proceed with and complete the project in an expeditious manner.

Z. Waiver of rights: Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in the Agreement are in addition to any other rights and remedies provided by law.

AA. Russian sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to Resolution No. 2023-69
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terminate contracts or grants with, and to refrain from entering into any new contracts or grants with, individuals or entities that are determined to be a target of Economic Sanctions.
a. The Awardee represents by signing this Agreement that the Awardee is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine by the United States government or the State of California. The Awardee is required to comply with the federal economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wpcontent/uploads/2022/03/3.4.22-Russia-Ukrai ne-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financialsanctions/sanctions-programs-and-country-information/ukraine-russiarelated-sanctions). The Awardee is also required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in immediate termination of this Agreement, at the sole discretion of CARB.

18.Entire Contract
This Contract and all Exhibits hereto and any documents incorporated by reference represents the entire agreement between the parties hereto related to the Awardee providing services to the Program Administrator and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought.

19.Authority
The signatory hereto represents and warrants that they are authorized and empowered and have the legal capacity to execute this Agreement and to legally bind the Awardee both in an operational and financial capacity and that the requirements and obligations under this Contract are legally enforceable and binding on the Awardee.
(SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the date first written below.

CALSTART, Inc. City of Escondido:

By: By:
(Signature) (Authorized Signer Signature)
Name: Piero Stillitano Name: Dane White
(Print Name) (Print Name)
Title: Chief Financial Officer Title: Mayor
(Print Title) (Print Title)
Date: Date:

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1 Eddmond Alberto
From: Matthew Anderson
Sent: Tuesday, February 21, 2023 7:16 AM
To: Eddmond Alberto; Julie Procopio
Subject: FW: Notice of Intent to Award & Voucher Execution Checklist - A-11 (City of Escondido) Attachments: CMO Conflict of Interest Form.pdf; CMO Confidentiality Statement .pdf Congratulations, team! We have been chosen for funding for the full $100,000 for our Community Transportation Needs Assessment!
Katie Smet (from CMO) will reach out in the next couple weeks to schedule an information session about the next steps.

We will have until August 16 (6 months) to return a draft Scope of Work, signed Resolution, and Certificate of Insurance covering anyone who works on the project. I’m sure we will go over details during the Information Session.

Happy Tuesday,
Matthew Anderson
Management Analyst II ‐ Grant Writer
Finance | City of Escondido
Direct: 760‐839‐4863 | Finance: 760‐839‐4676
www.escondido.org
From: Clean Mobility Options <[email protected]> Sent: Friday, February 17, 2023 4:17 PM
To: Matthew Anderson <[email protected]>
Cc: Katie Smet <[email protected]>
Subject: [EXT] Notice of Intent to Award & Voucher Execution Checklist ‐ A‐11 (City of Escondido) CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender email address AND know the content is safe.

NOTICE OF INTENT TO AWARD & VOUCHER EXECUTION CHECKLIST: COMMUNITY TRANSPORTATION NEEDS

ASSESSMENT
Dear Matthew Anderson,
Congratulations! This email serves as your NOTICE OF INTENT TO AWARD for your 2023 Community Transportation Needs Assessment for the Clean Mobility Options Voucher Pilot Program. Funding for your voucher has been reserved, as referenced below:

Application # NA22W2A‐11
Lead Applicant City of Escondido
You don't often get email from [email protected]. Learn why this is important Resolution No. 2023-69
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2 Funds Reserved $100,000
VOUCHER EXECUTION DEADLINE: Pursuant to CMO program guidelines, you have 180 days from the date of this Notice of Intent to Award, or until August 16, 2023, to execute your Voucher Agreement. To meet this deadline, please provide us with the documents listed in the Voucher Execution Checklist at the bottom of this email.

SUBMISSION OF DOCUMENTS: Please submit all required Voucher Execution Checklist documents to [email protected] or CALSTART, Attn: Clean Mobility Options, 48 So. Chester Avenue, Pasadena, CA 91106.

TIMELINE & ASSISTANCE: Our team will work with you to execute your voucher during the next three months. Katie Smet from our TA team, cc’d on this message, will contact you within the next two weeks to schedule an information session to assist you with gathering the Voucher Execution Checklist documents and complying with CMO insurance requirements. In the meantime, if you have questions about the voucher execution process and this request, please reach out to Katie Smet at [email protected].

NEXT STEPS & VOUCHER EXECUTION: After the Program Administrator has received, reviewed, and approved your Voucher Execution Checklist documents, we will assemble your Voucher Agreement package for your e‐signature.

The following supporting documents are attached for your review and will be assembled in your packaged Voucher Agreement for your e‐signature:
 Attachment 1: Conflict of Interest Declaration
 Attachment 2: Confidentiality Statement
Once your voucher agreement has been executed, you will commence with program onboarding and will be assigned a Cohort Facilitator to help guide you in starting your Needs Assessment. Resources to help with the execution of your Needs Assessment can be found in the Needs Assessment Implementation Toolkit found here.

IMPORTANT: The Voucher Agreement must be executed (signed by both parties) AND your insurance must be DEEMED compliant for you to commence work that is reimbursable from the funds in your Community Transportation Needs Transportation Assessment Voucher.

Again, congratulations on your award! We are excited to work with you on your Needs Assessment Project! Sincerely,
Clean Mobility Options Program Administrator
Attachments:

1. Conflict of Interest Declaration

2. Confidentiality Statement

VOUCHER EXECUTION CHECKLIST
City of Escondido
Please Submit the Required Documents BEFORE VOUCHER EXECUTION to [email protected]
# REQUIRED

DOCUMENT

DESCRIPTION OF REQUIREMENTS
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3 1 CERTIFICATE OF

INSURANCE
Please submit a Certificate of Insurance for the Project Lead and all sub‐applicants, sub‐contractors, and partner entities who will be working on the project in a paid, non‐paid, volunteer pursuant to CMO Insurance Requirements outlined in the Implementation Manual (Sections X.1).

Insurance requirements will be covered in the information session.

Sample Certificates of Insurance are available upon request. 2 SCOPE OF WORK Please complete and submit a draft Scope of Work. The Program Administrator team will provide a Scope of Work TEMPLATE after the information session for you to complete. The budget and milestones per the Scope of Work will be used to help you meet CMO program milestones and to help you think about the timing and sequence of the project milestones needed for a successful project. The Scope of Work will be included in your voucher agreement to track progress. Modify the template as needed.

The Program Administrator team will go over the Scope of Work with you in the information session and will assist you with refining the Scope of Work to include in your voucher agreement.

Submission Format: Word preferred.
3 APPROVED

RESOLUTION
Please provide an approved resolution or documentation of approval of the project from the governing board that will commit the lead agency or organization to comply with the following:

1. To comply with the requirements of the program;

2. To accept the voucher funds; and

3. To allocate any funding that the awardee has committed to be part of the project application.

Sample resolutions are available upon request and will be covered in the information session.

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EXHIBIT B
Scope of Work

CLEAN MOBILITY OPTIONS (CMO) TRANSPORTATION NEEDS ASSESSMENT The City of Escondido (“City”) shall contract with Fehr & Peers (“Consultant”) to complete the Community Transportation Needs Assessment (“Project”). Services provided by Consultant relating to the Project shall be as described herein.

Task 1. Transportation Access and Data Analysis for Clean Mobility Options Transportation Needs Assessment
Task 1.1 Transportation Access Data Analysis
Consultant will collect and analysis transportation access data included in the Clean Mobility Options Voucher Pilot Program Data Collection Guide for the Community Transportation Needs Assessment. The following resources will be used: Google Maps, US Census Data, Census on the Map data, EPA Walkability Index, AllTransit, H+T Index, Collision Data (TIMS), People for Bikes Bicycle Network Analysis, and up to three (3) additional data sources as supplementary information. The data will be analyzed to provide a planning level assessment of transportation conditions in Escondido. The results of the data analysis will be summarized in the Transportation Needs Assessment and provide on maps (as applicable).

Task 1.2 Key Characteristics and Indicators
Consultant will use data from Task 3.1 and community input provided in Task 2 to document key characteristics and transportation access challenges using the Clean Mobility Options Needs Assessment Implementation Toolkit and sample assessments provided on the Clean Mobility Options websites as guides.

Task Deliverable

1.1 Transportation Access Data Analysis

1.2 Key Characteristics and Indicators
Task 2. Community Engagement to Determine Gaps, Needs, and Preferences Task 2.1 Stakeholder Working Group Development
Consultant will work with the City to organize and develop an internal Technical Working Group and external Stakeholder Working Groups. The Technical Working Group will likely include City staff from Traffic Engineering, Planning, Parks and Recreation, Escondido Police Department, Information Systems (GIS), Economic Development and Communications. External Stakeholder Working Group members will likely consist of community leaders and local organizations who have interest in the development of transportation options in the City, such as Escondido Union School District, Escondido Union High School District, the members of the Transportation and Community Safety Commission, Planning Commission, North County Transit District, MTS, Escondido Senior Service Council, VisitEscondido, Chamber of Commerce, Downtown Business Resolution No. 2023-69
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Association, Escondido bicycling or walking organizations, the ADA community, and local business associations, among others. Consultant will share information on various phases of the Project and solicit feedback as appropriate.

Task 2.2 Stakeholder Working Group Meetings for Clean Mobility Options Transportation Needs Assessment
Consultant will conduct one (1) meeting with the internal Technical Working Group and one (1) meeting with the external Stakeholder Working Group during phase 1, focusing on transportation needs assessment.

Task 2.3 Outreach Framework
The consultant will develop an Outreach Framework outlining the selected approach to community outreach throughout the Project. The report will detail key outreach events, timelines, social and traditional media engagement opportunities, and language/translation needs, among other elements. The Framework will incorporate the Clean Mobility Options Needs Assessment Implementation Toolkit materials. All outreach products will be presented in English and Spanish.

Task 2.4 Branding, Project Webpage, and Social Media
The consultant will work with City communications staff to develop a branding effort related to the Project. Consultant will implement a webpage using Social Pinpoint (or equivalent) and social media (Facebook, Instagram, and one other platform, to be determined in consultation with City staff) presence for the Clean Mobility Options Needs Assessment (and will also be utilized for the CATS). The City will host the Project webpage on its City webpage, and will work with the consultant to develop, refine, and post content. The website will be updated at least quarterly during the CMO process.

The Project webpage will include core project information regarding the plan, updates on upcoming meetings, status of the project, and draft materials. The Project webpage will serve as an opportunity for continuous engagement from the public and a tool for obtaining feedback outside of community meetings. The webpage will feature links to Project deliverables and Project outreach elements (surveys, comment forms, etc.), and will feature a web-mapping application, where users can identify transportation challenges and desired transportation options within the City. All webpage materials will be translated into English and Spanish. Project webpage design will be done in a color scheme that are accessible to people with visual disabilities, such as color blindness and project materials will be able to be read by accessibility programs to accommodate people with blindness and low vision.

An online survey will also be available on the Project website, and will be developed using the Clean Mobility Options Needs Assessment Implementation Toolkit materials.

Task 2.5 Public Workshops for Clean Mobility Options
The Project will feature a hybrid of traditional public workshops and web-based input.

The outreach for the Clean Mobility Options will focus on two phases: (1) soliciting feedback on transportation challenges/opportunities and (2) recommended transportation improvements (and potential CMO pilot project).

Note that the feedback gained during these phases will be utilized for the CATS and Mobility Element Update as discussed in Task 6.

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The following methods will be used for the public outreach:
• Community Conversations: Consultant will host one “Community Conversation” per phase (2 total for the CMO) in order to gain feedback and input from Escondido residents and stakeholders. The “Community Conversation” will be hosted at locations known to attract community members – meeting the community where they are at. VCC will leverage their experience leading Resident Leadership Academy (RLA) groups and collaborating with organizations such as the American Heart Association, North County Sierra Club, and the Escondido Community Housing Coalition. The “Community Conversations” will be advertised and promoted by utilizing VCC community connections with the VCC facilitated Healthy Escondido Coalition, WhatsApp Escondido resident group and the Healthy Escondido Coalition social media page (IG:
@healthyescondidocoalition). VCC has experience creating and distributing bilingual materials and facilitating community forums, meetings and trainings which will ensure the “Community Conversations” reach a wider audience. o The conversations will start with a brief PowerPoint presentation and focus on providing interactive activities for participants to engage in. o These conversations will be in-person and will feature printed maps and analog based activities (using post-it notes, drawing on maps, filling out comment cards) to solicit input on transportation needs and improvements.
• Virtual Public Meeting – The Consultant will conduct one virtual meeting as part of the CMO outreach. The meeting will consist of a presentation and orientation to using the interactive map (and other outreach tools) on the website.

Workshops will be advertised using the multimedia approach outlined in the Outreach Framework, and will feature bi-lingual materials.

Task 2.6 Ongoing Community Events
The consultant will present the Project at two ongoing community events as part of the CMO to solicit feedback on transportation needs and potential improvements. The materials that will be used (in conjunction with the outreach for the CATS/Mobility Element) are:
• Passive display (free standing banner stand) with overview information about the plan and QR code to the website.
• Flyers with overview information about the plan, engagement opportunities, and the QR code to the website.
• Small tchotchkes to hand out such as pens with the Project logo, bike keychain, etc.

Task Deliverable

2.1 Technical Working Group and Stakeholder Working Groups list of contacts

2.2 Stakeholder Working Group meeting coordination and minutes

2.3 Draft and Final Outreach Framework

2.4 Project Logo/Color Palette (3 Options), Memorandum, Report, PowerPoint, Flyer templates, Project Website using Social Pinpoint, Social Media Strategy

2.5 In-Person Community Conversations: Meeting Notice,
Agenda, PowerPoint, Analog Meeting Activities, Comment
Cards, and Meeting Summary (Including Photos of the Event) Resolution No. 2023-69
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for two (2) meetings)
Virtual Public Meetings: Meting Notice, Agenda, PowerPoint and Meeting Summary for one (1) virtual public meeting.

2.6 Summary of outreach conducted.

Task 3: Summary Report (Transportation Needs Assessment) Task 3.1 Summary Report
Consultant will produce a summary report that meets the Clean Mobility Options requirements including:
• Overview of the assessment from inception to conclusion, with community background data, partnerships, summary of data analysis and community engagements, and funding sources.
• Data used for the data analysis, including user service, job creation and community engagement and outreach.
• Section on best practices and lessons learned.
• Required boilerplate language and logos as required in the CMO Community Transportation Needs Assessment Guide.

Consultant will follow the sample outline in the CMO Community Transportation Needs Assessment Guide.

Task Deliverable

3.1 Draft and Final Summary Report (Transportation Needs Assessment)
Task 4: Project Preparation and Design
Task 4.1 Pilot Project Identification
Based on the engagement process, data analysis and summary report, Consultant will work with City staff to identify a pilot project to address clean transportation gaps. To the extent that the pilot project involves operating a service (such as micro mobility, shuttle service, etc.), Consultant will research up to three vendor options and prepare a compare/contrast matrix. In addition, Consultant and City Staff will identify a timeline for running the pilot project.

Task Deliverable

4.1 Pilot Project Identification, Timeline, and Potential Vendors Task 5: Voucher Administration Costs
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Task 5.1: CMO Kick-Off Meeting with Staff
Consultant will meet with City Staff to discuss CMO Transportation Needs Assessment Scope and schedule.

Task 5.2: Project Management for CMO
The Consultant will be responsible for maintaining a joint-access, web-based depository of Project-related documents, including schedules, meeting minutes, contact lists, resources, photos, and other key documents. SharePoint will be used as the preferred project management software. In addition, the Consultant will be responsible for preparing and maintaining access to meeting minutes. Project schedule shall be created and maintained on Microsoft Project or City-approved equal. Responsibilities include invoicing and quarterly reporting as outlined in the Professional Services Agreement.

Task Deliverables

5.1 Kick-off meeting agenda and notes

5.2 Project Management Sharepoint Site, Invoicing, Quarterly Reports Resolution No. 2023-69
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Exhibit C - Project Payment Request Template
Instructions:
1)
2)
3)
4)
Upon completion or termination of the Agreement, AWARDEE shall submit the final invoice (if any) no later than thirty (30) days after such completion or termination date. The invoice shall be clearly marked as “FINAL” and prepared as indicated above.

Each invoice must provide the CALSTART agreement number, period covered by invoice, and Awardee’s Employer Identification Number and submitted via email to [email protected], or U.S. Postal Service using the following address:

Attention: Clean Mobility Options
CALSTART, Inc.
48 S Chester Avenue
Pasadena, CA 91106
Payment will be delayed if CALSTART deems that a milestone/deliverable has not been accomplished or sufficiently documented; that milestones/deliverables are not in accordance with specifications; that claimed expenses are not reasonable or insufficiently documented or not valid per the budget; or noncompliance with other terms of this Agreement.

Cost reimbursements made under this Voucher Agreement are subject to approval of completed invoice narrative forms and verification of any milestones/deliverables due. Invoices will be submitted no less than quarterly, but no more than monthly in a format consistent with Payment Request (Microsoft Excel file format) that will be furnished. Invoices submitted will clearly summarize total project costs incurred in accordance with approved project budget and will include sufficient relevant documentation substantiating costs billed.

Staff Charges: Must provide a list of each employee, including the name, title, number of hours worked, and hourly rate applied to the labor hours, all supported by time records/timesheets and some means of verifying hourly labor rates to include, but not limited to, a paystub or payroll register.

Travel Costs: Must be itemized on a list providing information about the date traveled; origin and destination; individuals traveling; and purpose of business travel. All travel costs billed will be supported by itemized receipts and/or invoices with travel amounts reimbursed limited to published maximum per diem amounts per the California Department of Human Resources (CalHR) found at:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx.

Other Direct Costs: All other direct costs must be listed and supported by documentation such as vendor invoices, receipts, or other relevant documentation.

Indirect Costs & Fringe Benefits: Applicable non-labor rates used for billing purposes, to include, but not limited to fringe benefit, overhead and G&A rates, will be supported by the methodology in which the rates are derived and applied. An approved cost rate agreement negotiated with a Federal cognizant agency will suffice.

Resolution No. 2023-69
Exhibit "A"

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Item11.

Employee Name Job Classification / Title
Hourly Labor
Rate
Billable
Labor
Hours
Reimbursable
Direct Labor
Expenses
Project Milestone
Achieved

0.000.000.000.000.000.000.000.000.000.000.000.000.00
Hourly Direct Labor Totals 0.00 $ -
Agreement Number: NA22W2A-11Payment Request Number:Period covered by this request: [08/16/2023 - 08/15/2024] Resolution No. 2023-69
Exhibit "A"

Page 28 of 58 ends

431
Item11.

Miles Rate Mileage

0.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.000.00 0.00

0.00 0.00
Total Billed
Agreement Number: NA22W2A-11Payment Request Number:Period covered by this request: [08/16/2023 - 08/15/2024] Date From/To
Participants/Purpose/Project Milestone Achieved Travel
Mileage
Other
Totals
Resolution No. 2023-69
Exhibit "A"

Page 29 of 58 ends

432
Item11.

0.00 0.00 0.00
Match/
Cost Share
Agreement Number: NA22W2A-11Payment Request Number:Period covered by this request: [08/16/2023 - 08/15/2024] Date Organization/Description
Purpose/Project Milestone Achieved Reference Amount Billed Totals
Resolution No. 2023-69
Exhibit "A"

Page 30 of 58 ends

433
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 $0.00
Fringe Benefits $0.00 $0.00
Travel/Mileage $0.00 $0.00
Equipment/Materials (Lead Only) $0.00 $0.00
Subcontractor/Consulting $0.00 $0.00
Other (Describe) $0.00 $0.00
Indirect Costs/G&A $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient $0.00
Date
Phone
Date
Date
City of Escondido 01 8/16/2023 8/15/2024 201 N Broadway Billing Period
Organization/Tribe Information Approved Project Term
CALSTART Approval
Reviewed by
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

Signature of Certifying Officer
06/28/2023
Type or Print name and Title
CALSTART Use Only
Amount Authorized:

CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-#### ##-#######
Escondido, CA 92025
$ 0.00
Project Manager
Resolution No. 2023-69
Exhibit "A"

Page 31 of 58 ends

434
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel/Mileage $0.00 $0.00 $0.00
Equipment/Materials (Lead Only) $0.00 $0.00 $0.00
Subcontractor/Consulting $0.00 $0.00 $0.00
Other (Describe) $0.00 $0.00 $0.00
Indirect Costs/G&A $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient $0.00
Date
Phone
Date
Date
Organization/Tribe Information Approved Project Term
City of Escondido 02 8/16/2023 8/15/2024 201 N Broadway Billing Period
Escondido, CA 92025
$ 0.00
##-#######
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

CALSTART Use Only
Amount Authorized:

CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-####
06/28/2023
Signature of Certifying Officer
Type or Print name and Title
CALSTART Approval
Reviewed by
Project Manager
Resolution No. 2023-69
Exhibit "A"

Page 32 of 58 ends

435
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel/Mileage $0.00 $0.00 $0.00
Equipment/Materials (Lead Only) $0.00 $0.00 $0.00
Subcontractor/Consulting $0.00 $0.00 $0.00
Other (Describe) $0.00 $0.00 $0.00
Indirect Costs/G&A $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient $0.00
Date
Phone
Date
Date
06/28/2023
CALSTART Approval
Reviewed by
Project Manager
Signature of Certifying Officer
Type or Print name and Title
CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-#### ##-#######
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

CALSTART Use Only
Amount Authorized:

Billing Period
Escondido, CA 92025
$ 0.00
Organization/Tribe Information Approved Project Term
City of Escondido 03 8/16/2023 8/15/2024 201 N Broadway Resolution No. 2023-69
Exhibit "A"

Page 33 of 58 ends

436
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel/Mileage $0.00 $0.00 $0.00
Equipment/Materials (Lead Only) $0.00 $0.00 $0.00
Subcontractor/Consulting $0.00 $0.00 $0.00
Other (Describe) $0.00 $0.00 $0.00
Indirect Costs/G&A $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient $0.00
Date
Phone
Date
Project Manager Date
Signature of Certifying Officer
06/28/2023
Type or Print name and Title
CALSTART Approval
Reviewed by
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

CALSTART Use Only
Amount Authorized:

Billing Period
CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-#### ##-#######
Escondido, CA 92025
$ 0.00
Organization/Tribe Information Approved Project Term
City of Escondido 04 8/16/2023 8/15/2024 201 N Broadway Resolution No. 2023-69
Exhibit "A"

Page 34 of 58 ends

437
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel/Mileage $0.00 $0.00 $0.00
Equipment/Materials (Lead Only) $0.00 $0.00 $0.00
Subcontractor/Consulting $0.00 $0.00 $0.00
Other (Describe) $0.00 $0.00 $0.00
Indirect Costs/G&A $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient $0.00
Date
Phone
Date
Project Manager Date
Signature of Certifying Officer
06/28/2023
Type or Print name and Title
CALSTART Approval
Reviewed by
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

CALSTART Use Only
Amount Authorized:

Billing Period
CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-#### ##-#######
Escondido, CA 92025
$ 0.00
Organization/Tribe Information Approved Project Term
City of Escondido 05 8/16/2023 8/15/2024 201 N Broadway Resolution No. 2023-69
Exhibit "A"

Page 35 of 58 ends

438
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel/Mileage $0.00 $0.00 $0.00
Equipment/Materials (Lead Only) $0.00 $0.00 $0.00
Subcontractor/Consulting $0.00 $0.00 $0.00
Other (Describe) $0.00 $0.00 $0.00
Indirect Costs/G&A $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient $0.00
Date
Phone
Date
Project Manager Date
Signature of Certifying Officer
06/28/2023
Type or Print name and Title
CALSTART Approval
Reviewed by
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

CALSTART Use Only
Amount Authorized:

Billing Period
CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-#### ##-#######
Escondido, CA 92025
$ 0.00
Organization/Tribe Information Approved Project Term
City of Escondido 06 8/16/2023 8/15/2024 201 N Broadway Resolution No. 2023-69
Exhibit "A"

Page 36 of 58 ends

439
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel/Mileage $0.00 $0.00 $0.00
Equipment/Materials (Lead Only) $0.00 $0.00 $0.00
Subcontractor/Consulting $0.00 $0.00 $0.00
Other (Describe) $0.00 $0.00 $0.00
Indirect Costs/G&A $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient $0.00
Date
Phone
Date
Project Manager Date
Signature of Certifying Officer
06/28/2023
Type or Print name and Title
CALSTART Approval
Reviewed by
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

CALSTART Use Only
Amount Authorized:

Billing Period
CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-#### ##-#######
Escondido, CA 92025
$ 0.00
Organization/Tribe Information Approved Project Term
City of Escondido 07 8/16/2023 8/15/2024 201 N Broadway Resolution No. 2023-69
Exhibit "A"

Page 37 of 58 ends

440
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 0.00 0.00
Fringe Benefits $0.00 0.00 0.00
Travel/Mileage $0.00 0.00 0.00
Equipment/Materials (Lead Only) $0.00 0.00 0.00
Subcontractor/Consulting $0.00 0.00 0.00
Other (Describe) $0.00 0.00 0.00

0.00 0.00

0.00 0.00
Indirect Costs/G&A $0.00 0.00 0.00
Total $0.00 0.00 0.00 0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient 0.00
Date
Phone
Date
Project Manager Date
Signature of Certifying Officer
06/28/2023
Type or Print name and Title
CALSTART Approval
Reviewed by
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

CALSTART Use Only
Amount Authorized:

Billing Period
CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-#### ##-#######
Escondido, CA 92025
$ 0.00
Organization/Tribe Information Approved Project Term
City of Escondido 08 8/16/2023 8/15/2024 201 N Broadway Resolution No. 2023-69
Exhibit "A"

Page 38 of 58 ends

441
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel/Mileage $0.00 $0.00 $0.00
Equipment/Materials (Lead Only) $0.00 $0.00 $0.00
Subcontractor/Consulting $0.00 $0.00 $0.00
Other (Describe) $0.00 $0.00 $0.00
Indirect Costs/G&A $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient $0.00
Date
Phone
Date
Project Manager Date
Signature of Certifying Officer
06/28/2023
Type or Print name and Title
CALSTART Approval
Reviewed by
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

CALSTART Use Only
Amount Authorized:

Billing Period
CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-#### ##-#######
Escondido, CA 92025
$ 0.00
Organization/Tribe Information Approved Project Term
City of Escondido 09 8/16/2023 8/15/2024 201 N Broadway Resolution No. 2023-69
Exhibit "A"

Page 39 of 58 ends

442
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel/Mileage $0.00 $0.00 $0.00
Equipment/Materials (Lead Only) $0.00 $0.00 $0.00
Subcontractor/Consulting $0.00 $0.00 $0.00
Other (Describe) $0.00 $0.00 $0.00
Indirect Costs/G&A $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient $0.00
Date
Phone
Date
Project Manager Date
Signature of Certifying Officer
06/28/2023
Type or Print name and Title
CALSTART Approval
Reviewed by
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

CALSTART Use Only
Amount Authorized:

Billing Period
CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-#### ##-#######
Escondido, CA 92025
$ 0.00
Organization/Tribe Information Approved Project Term
City of Escondido 10 8/16/2023 8/15/2024 201 N Broadway Resolution No. 2023-69
Exhibit "A"

Page 40 of 58 ends

443
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel/Mileage $0.00 $0.00 $0.00
Equipment/Materials (Lead Only) $0.00 $0.00 $0.00
Subcontractor/Consulting $0.00 $0.00 $0.00
Other (Describe) $0.00 $0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Indirect Costs/G&A $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient $0.00
Date
Phone
Date
Project Manager Date
Signature of Certifying Officer
06/28/2023
Type or Print name and Title
CALSTART Approval
Reviewed by
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

CALSTART Use Only
Amount Authorized:

Billing Period
CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-#### ##-#######
Escondido, CA 92025
$ 0.00
Organization/Tribe Information Approved Project Term
City of Escondido 11 8/16/2023 8/15/2024 201 N Broadway Resolution No. 2023-69
Exhibit "A"

Page 41 of 58 ends

444
Item11.

Payment Request (Rev 04/25/2022)
Request No.

From To
Amount
From To
Recipient EIN
Expenses Expenses Budget
Description Budget This Period To Date Balance
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel/Mileage $0.00 $0.00 $0.00
Equipment/Materials (Lead Only) $0.00 $0.00 $0.00
Subcontractor/Consulting $0.00 $0.00 $0.00
Other (Describe) $0.00 $0.00 $0.00
Indirect Costs/G&A $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00
Less amount to be paid directly to third party
Net amount payable to voucher recipient 0.00
Date
Phone
Date
Project Manager Date
Signature of Certifying Officer
06/28/2023
Type or Print name and Title
CALSTART Approval
Reviewed by
By signing, I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the voucher agreement.

CALSTART Use Only
Amount Authorized:

Billing Period
CMO Contract No. Receipt DUNS
NA22W2A-11 ##-###-#### ##-#######
Escondido, CA 92025
$ 0.00
Organization/Tribe Information Approved Project Term
City of Escondido 12 8/16/2023 8/15/2024 201 N Broadway Resolution No. 2023-69
Exhibit "A"

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445
Item11.

Community Transportation Needs Assessment
Voucher Application

INTRODUCTION
Welcome to the Clean Mobility Options Voucher Pilot Project (CMO) Application for Community Transportation Needs Assessments ("Needs Assessments"). Completed applications may be submitted after the application window opens on 9:00 am Pacific Time on Wednesday, November 2, 2022. For CMO program information including the Implementation Manual, Application Guide, and supporting resources, please visit www.cleanmobilityoptions.org.

APPLICATION INSTRUCTIONS:

Before beginning the application process, please:

1. Review the Implementation Manual and
Application Guide at
www.cleanmobilityoptions.org/na-app-guide-1.

2. Check your organization's eligibility to apply.

3. Check that you have an eligible project proposal.

4. Confirm you are able and willing to comply with
the program's general provisions.

When you are ready to proceed:

1. Complete this application, referring to the
companion Application Guide, and save the
application prior to the opening of the application
window at 9:00 am Pacific Time on
Wednesday, November 2, 2022. You may save
and return to your application at any time prior to
submission. To be accepted, the application must
contain all true, accurate, and complete
responses in all required fields. Required fields
IMPLEMENTATION MANUAL:

The Application Form (this page) and its
companion Application Guide are derived from
the Implementation Manual (IM). Please see the
IM for comprehensive information about
eligibility, general provisions, and related
information.

ACCESSIBILITY OPTIONS:

Applicants are highly encouraged to submit the
application online through this application portal.

However, if desired, applicants may request a
document-based application by postal mail to:

Clean Mobility Options
c/o CALSTART
48 South Chester Avenue
Pasadena, CA, 91106
Mail-in applications will be timestamped as the
Resolution No. 2023-69
Exhibit "A"

Page 43 of 58 ends

446
Item11.
are marked with an asterisk (*).

2. After the application window opens at the date
and time listed above, submit this application by
returning to your saved application and pressing
“SUBMIT.” The “SUBMIT” function will be
enabled once the application window opens.

3. Within 8 weeks of your submission, the Program
Administrator will notify the primary contact
whether the application has been approved. For
more information, see the Application Guide at
www.cleanmobilityoptions.org/na-app-guide-1.

COMPANION APPLICATION GUIDE:

The Application Guide is a companion to this application form with tips for answering each question. We
recommend that you read the guide before starting the
application. "Guidance" links in the application questions below will take you to their corresponding sections in the guide to make this resource easy to use as you progress through your application.
day they are mailed (by postmark or receipt at
the applicant's choice).

If you have any questions or need assistance,
please contact the CMO Application Technical
Assistance with your request.

MORE INFORMATION AND SUPPORT:

Technical assistance is available to help
complete the application:
 Email: [email protected]
 Phone: (626) 744-5760
 Web: www.cleanmobilityoptions.org/help
SECTION 1. PRIMARY CONTACT INFORMATION
Click here for guidance on section 1.

Individual's Name
Matthew Anderson
Fill in
First and last name
of lead applicant's
primary contact for
application
correspondence.

Title
Management
Analyst
Fill in
Title or role in
the
organization.

Email Address
manderson@escon
dido.org
Fill in
Email address for
submission receipt
and other application
correspondence.

Phone
(760) 839-
4863
Fill in
Phone
number of
primary
contact.

Additional Information
Fill in
Additional information about
communication, coordination,
or accessibility. For example,
"I am hard of hearing."
(optional).

SECTION 2. APPLICANT AND TEAM PROFILE
Click here for guidance on section 2.

Lead Applicant Organization Name
City of Escondido
Fill in
Lead applicant entity's formal name. If applying as a tribal government, this is the name of the tribal government.

Lead Applicant Organization Address Lead Applicant Organization Type Resolution No. 2023-69
Exhibit "A"

Page 44 of 58 ends

447
Item11.

Address Line 1
Address Line 2
City State Zip Code
Legal business address of primary contact for the Lead Applicant.

Will be used for official correspondence.
 Non-Profit Organization
 Tribal Government
 Public Agency
 Application Includes Sub-Applicants
Check if the application includes Sub-Applicants. Sub-Applicants are entities who enter into a partnership with the Lead Applicant to apply for CMO funds.

Description of Team's Qualifications to Conduct the Needs Assessment For over 130 years, the City of Escondido has been serving the people of Southern California, and in doing so, has developed a deep understanding of the needs of the community. City staff have access to a broad range of resources, partners, and community knowledge that qualifies them to conduct a Transportation Needs Assessment. The City of Escondido Traffic Engineering Division will be managing the needs assessment. The City follows a Request For Proposal (RFP) contracting processes. Staff will draft an RFP and outline the expectations of the consultants that are interested in coordinating the public outreach, data collection, and preparation of the Needs Assessment. This process will ensure that a consulting firm with extensive experience preparing Needs Assessments and facilitating public outreach is selected to lead the technical aspects of this effort.

The City manages 315 centerline-miles of roadway with 170 signalized intersections across 37.35 square miles. Aside from parts of Interstate 15 and State Route 78, which are both owned and maintained by Caltrans, the City owns and maintains all public roads. With primary responsibility and control of the rights-of-way, City staff are poised to implement projects arising out of the assessment without need for right-of-way permissions. As a full-service city, Escondido employs a team of traffic engineers with direct and intimate knowledge of the City’s transportation strengths and weaknesses, along with the history of the City’s initiatives and programs. Much of Escondido’s strength in conducting this Needs Assessment will come from its diverse collection of community partners. The City regularly coordinates with the Escondido Union School District, Escondido Union High School District, Escondido Police Department, SANDAG, and many community-based organizations. The collective knowledge from these partnerships will inform the City in completion of the assessment.

Drawing on that shared information, the City will build on its own knowledge base for the community’s needs. Escondido staff will utilize previous outreach and action steps from its Climate Action Plan and the Mobility and Infrastructure chapter of its General Plan. The needs assessment will also be conducted concurrently with the public outreach component of the Comprehensive Active Transportation Strategy that the City is preparing to increase mobility options. Staff will also draw on knowledge and experience gained from the operation of its largest current transportation initiative, the Senior Nutrition Transportation Program, which provides free door-to-door transportation for seniors to access hot meals at the Escondido Senior Center.

Description of team's qualifications in 3000 characters (which is about 1 page) or less.

Description of Team’s Connection to the Community
201 North Broadway
Escondido California 92025
Resolution No. 2023-69
Exhibit "A"

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The City of Escondido connects with its residents regularly through direct feedback and through partner organizations. As a municipal agency under the direction of a publicly-elected City Council, the operations of the City are a direct result of feedback from the community. Input from the community is gathered through city council meetings, public engagements, focus groups, community surveys, Community Advisory Groups, Boards & Commissions, and through the website and “Report It!” smartphone app. The City also gathers valuable information from its partners throughout the area. City staff collect quantitative data from the San Diego Association of Governments (SANDAG), the local Metropolitan Planning Organization, as well as the North County Transit District (NCTD), who manages transit in the region. Qualitative data comes in through partnerships with local school districts and Community Based Organizations, like the Healthy Escondido Coalition, Escondido Education COMPACT, and Interfaith Community Services. The City has worked successfully in the past with the National Latino Research Center, based at nearby California State University San Marcos, on projects requiring significant and meaningful community outreach. Most recently, Escondido’s Principal Planner, Veronica Morones, engaged in substantial public engagement to develop the Environmental Justice chapter of the City’s General Plan. Veronica has been consulted in the development of this Community Transportation Needs Assessment and will continue to be involved throughout the project. Edd Alberto, Escondido’s City Traffic Engineer, is a State of California registered Traffic Engineer and will lead the technical analysis of the needs assessment.

These staff, along with community partners and a well-qualified consultant, will collect as much feedback as possible to develop valuable and targeted action items to better serve the people of Escondido.

Description of team's qualifications in 3000 characters (which is about 1 page) or less.

Section2
SECTION 3. PROJECT NARRATIVE
Click here for guidance on section 3.

Explanation of Why a Transportation Needs Assessment is Needed Resolution No. 2023-69
Exhibit "A"

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The City’s need for a Transportation Needs Assessment stems from a desire to educate and learn from the community. As Escondido has grown from a rural farm town to a bustling urban hub of commerce and transportation, there have been significant changes in the demographics of its residents and the supports and resources they require. Additionally, the City has been divided by Interstate 15 and SR-78, which further restrict reasonable active transportation. City staff are aware of unmet needs in the City and desire to increase their understanding to better serve the public.

Escondido’s Climate Action Plan calls for a number of Citywide transportation improvement projects to reduce greenhouse gas emissions with a special focus on social equity and environmental justice. To meet these goals, the traffic engineering team must engage in a significant exchange of information with residents. The City wants to ensure that its infrastructure and programs are beneficial to the people they are designed to serve, so it is essential to educate residents on current options and best practices, then gather community feedback on current gaps and future desires.

As shown on the attached Project Area Map, extensive portions of the City of Escondido meet the lowincome definitions of AB1550, including the vast majority of the City’s urban core. Census tracts included in the plan area account for 76% of the City’s total population, showing the broad reach and considerable impact this assessment will have. Per 2020 census data, 35% of occupied households in Escondido own one or no vehicles. With an average occupancy of 3.2 people per household, this equates to over one third of households being limited on mobility options for when and how they commute to work, take their children to school, access groceries, and complete other daily tasks.

A recent SANDAG regional transit analysis, the Flexible Fleet Strategic Implementation Plan (FFSIP) showed Escondido as a priority area for mobility improvements based on the City’s high percentage of minority residents and low-income households in conjunction with its geographic location as a mobility hub and gateway connector for access to Urban San Diego. This report is much broader in nature and more oriented toward regional transportation. Escondido’s assessment will include significantly more community interaction to expose the mobility gaps that challenge Escondido residents, specifically those in low-income neighborhoods.

Fill in
Max length is 3000 characters (which is about 1 page).

Summary of Existing Regional or Community-Level Transportation Needs Assessment Efforts The City of Escondido does not currently have a Community Transportation Needs Assessment.

SANDAG’s Flexible Fleet Strategic Implementation Plan included some limited assessment of Escondido’s transportation needs as part of a regional report focused on connecting transit centers.

Escondido plans to build upon this information with a more accessible and local Transportation Needs Assessment that engages the community with clarity and transparency.

Fill in
Max length is 3000 characters (which is about 1 page).

Description of Potential Transportation Gaps and Solutions that the Needs Assessment will Address
Resolution No. 2023-69
Exhibit "A"

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Escondido is aware of many potential gaps that a thorough assessment will illuminate. According to American Community Survey data analyzed by the Healthy Places Index (HPI), Escondido households have lower automobile access than 82.8% of the state. Additionally, HPI data reports that only 15.4% of people in Escondido live close to convenient, reliable transit, exposing a significant gap in the City’s transportation. The local school districts do not provide busing for all students, further showing a need for safe, reliable transportation to school and around the City. This issue is exacerbated by limited locations for pedestrians to cross Interstate 15, which divides the City and separates communities.

City staff hypothesize that a Needs Assessment will point towards a need for connections to the transit center, support for shorter trips to retail and medical centers, and options outside of regular operating hours. Escondido is the home to Westfield North County Shopping Mall, a significant location for employment and retail, but does not have convenient transit options connecting low-income communities to this valuable economic resource. The City hopes to collect community buy-in on specific details of these solutions, whether it is microtransit, micromobility, fixed-route circulators, or something else. In addition, information regarding the community’s knowledge and access to technology will assist in guiding future solutions. With American Community Survey data showing that over 20% of the City’s population has limited English proficiency, City staff suspect there could be gaps due to language barriers, as well, and plans on addressing that in educational and implementation materials.

Fill in
Max length is 3000 characters (which is about 1 page).

Description of Timeline and Plan for Activities Conducted to Satisfy the Required Elements of the Transportation Needs Assessment Methodology
Resolution No. 2023-69
Exhibit "A"

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Immediately upon execution of the voucher agreement, Escondido will advertise a request for proposals and award the consultant contract. This is expected to be completed in months 1-2. During months 3-4, the City will develop an internal stakeholder group with the consultant. This group will develop educational materials and social media campaigns, collect data, and conduct preliminary outreach using surveys.

Surveys and educational information will be disseminated through the City’s communications department using social media, newsletter distribution lists, and the City website. City staff will also utilize the City’s partners’ communication networks, working with CBO partners to link social media posts and distribute paper and electronic copies of meeting notices, educational opportunities, and surveys. City staff will coordinate with School District personnel to share information with students’ families, and work with the City Community Services Division to secure meeting locations in the communities of focus. These communications will be organized by the selected consultant to maximize distribution to the intended audience in the languages and formats that will be most successful.

In months 4-9, the team will conduct public outreach in multiple modalities. City staff will defer to the consultant’s expertise, but expect to utilize the trusted messenger method through in-person forums, virtual workshops, school outreach, and internal stakeholder meetings. The traffic engineering team conducts quarterly Transportation and Community Safety Commission meetings in January, April, July, and October, which could be utilized for public input and updates. There is also an annual Traffic Safety Workshop presented during an August City Council Meeting that could be used for outreach, input, and public update. In an effort to gather as much input as possible from residents in disadvantaged communities, the City will conduct the majority of in-person events at locations other than City Hall. City staff have identified several community meeting locations throughout the project area including schools, community centers, and parks, which will be especially helpful for reaching residents who lack transportation and ability to attend meetings at City Hall. These community meetings will be conducted at various times during the day and evenings to maximize attendance. In months 9-11, the team will complete a Draft Assessment and report it to the public for additional input. Finally, in month 12, the Final Assessment will be released through the previously mentioned communication channels and the City will begin developing a project implementation plan.

Fill in
Max length is 3000 characters (which is about 1 page).

Supporting Material (Optional)
Attach reference or other materials needed to support previous responses in the project narrative section Up to ten files, maximum of 10 MB each. File types accepted: .doc, .docx, .ods, .txt, .pdf, .xls, .xlsx, .csv, .ppt, .pptx, .jpeg, .jpg, .gif, and .png.

SECTION 4. PROJECT AREA
Click here for guidance on section 4.

Where is Your Project Located?
 SB 535 Disadvantaged Communities (see Map Reference)  AB 1550 Low-income Communities (see Map Reference) 
Tribal Lands, only when within SB 535 Disadvantaged
Communities or AB 1550 Low-income Communities
Check at least one option for which your Project Area meets CMO Map Reference:
https://cleanmobilityoptions.org/projectarea-mapping-tool Resolution No. 2023-69
Exhibit "A"

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program eligibility requirements. Your services must support residents who live and reside within the above selection.

Eligible Census Tracts of Project Area
0202.10, 0202.09, 0202.07, 0202.11, 0206.02, 0207.07, 0206.01, 0205, 0204.04, 0203.07, 0203.09, 0203.05, 0201.05, 0203.08, 0201.08, 0202.14, 0202.13, 0202.02, 0201.09, 0201.07, 0202.06, 0202.08 Fill in
Provide a list of census tract(s) in your Project Area. Census tracts contain six digits, a 4-digit basic code between 0001 and 9999, and may have a 2-digit suffix ranging from .01 to .98. Lookup tool at:
https://geomap.ffiec.gov/FFIECGeocMap/GeocodeMap1.aspx. If multiple census tracts, please separate with commas.

Note: If there is any discrepancy between census tracts listed and the area represented in the Project Area Map, the map will be used to determine eligibility.

Project Area Setting Description
Most or all of one city/town
Select
Choose the closest description. The Project Area is defined as the geographic area where community residents live and most infrastructure is to be installed. Only select "unincorporated community" if none of the Project Area falls within an incorporated area.

Section
Name of County (or Counties)
San Diego
FIll in
Name of county represented by your Project Area.

Name of City/Cities or Town(s)
Escondido
FIll in
Name(s) of the city/cities, neighborhood(s),
community(ies), or tribal land/reservation
represented by your Project Area.

Description of Demographics
The area made up of the Census Blocks listed above has less healthy conditions than 74% of the State of California, according to the CA Healthy Places Index, a tool developed by the Public Health Alliance of Southern California to disrupt structural inequities by using data to create change (healthyplacesindex.org). The ethic makeup of the community is 57.6% Hispanic or Latino, 30.6% White,

5.4% Asian, 3.1% two or more races, 2.2% Black or African American, 0.5% American Indian, 0.4% Native Hawaiian, and 0.2% other race. Citywide, resident ages break down as follows: under 5 years:

6.9%, 6-17 years: 17.1%, 18-64 years: 62.9%, 65 years and over: 13.1%. According to Census information, Escondido’s median household income is $65,326 and 13.6% are living in poverty. In the census tracts surrounding the downtown area, poverty rates are significantly higher than the city average and range from 15.2% to 35.5%.

Fill in
Max length is 3000 characters (which is about 1 page).

Project Area Map
Escondido_CMO Project Area Map.pdf
Upload your Project Area map here. File types accepted: .doc, .docx, .ods, .txt, .pdf, .xls, .xlsx, .csv, .ppt, .pptx, .jpeg, .jpg, .gif, and .png.

Note: If there is any discrepancy between census tracts listed and the area represented in the Project Area Resolution No. 2023-69
Exhibit "A"

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Map, the map will be used to determine eligibility.

END SECTION
SECTION 5. BUDGET SUMMARY
Click here for guidance on section 5.

Enter Your Requested Voucher Amount
$100,000.00
Fill in (up to $100,000)
Budget Using the CMO Template
ESCONDIDO_CMO BUDGET-WORKSHEET-UPDATED-EXCELVERSION-03.17.22.xlsx Attach a budget using the template from
www.cleanmobilityoptions.org/application (required). Up to three files, maximum of 20 MB each. File types accepted: .doc, .docx, .ods, .txt, .pdf, .xls, .xlsx, .csv, .ppt, .pptx, .jpeg, .jpg, .gif, and .png.

CMO Budget Worksheet:
https://cleanmobilityoptions.org/nabudget-worksheet
SECTION 6. COMMUNITY-BASED ORGANIZATION SUPPORT
Click here for guidance on section 6.

Does the Applicant Meet the Criteria to Be Considered a Community-Based Organization (CBO)?  Yes  No
Section2
Provide Name of an Eligible CBO That Supports The Project The Healthy Escondido Coalition at Vista Community Clinic Fill in
Indicate at Least 2 of the Following Traits Which Qualify The Supporting Organization as a CBO
 The organization is place-based, with an explicit geographic focus area that includes the proposed project area.  Staff members, volunteers, or Board members reside in the community where the project is located.  The organization has a demonstrated track record of at least one year providing services in the proposed project area.

To be considered a CBO, the organization must meet at least two of the three described criteria. If the applicant does not meet this critera, it must secure a letter of support for the project from a CBO that does.

Resolution No. 2023-69
Exhibit "A"

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Note: Tribes do meet the criteria for being a community-based organization.

Provide Evidence that the Statements Checked are True with Brief Examples or Details The Vista Community Clinic (VCC) has been providing quality health care to residents of North County San Diego for 50 years. As a Federally Qualified Health Center, VCC treats more than 70,000 patients each year regardless of their ability to pay through 9 locations in Southern California. In 2021, VCC’s Community Health Department formed the Healthy Escondido Coalition to bring together Escondido residents, City officials, business owners, community-based organizations, and stakeholders. This placebased coalition is designed to utilize the collective strengths of its members to advocate for healthy and safe communities in Escondido through education, placemaking, and policy.

Fill in
Max length is 3000 characters (which is about 1 page).

Letter of Support from CBO
VCC _LOS_ Clean Mobility_ Options_Voucher_LA_ signed.pdf Up to ten files, maximum of 10 MB each. File types accepted: .doc, .docx, .ods, .txt, .pdf, .xls, .xlsx, .csv, .ppt, .pptx, .jpeg, .jpg, .gif, and .png.

SECTION 7. SUPPORTING DOCUMENTS
Click here for guidance on section 7.

Additional Supporting Documents (Optional)
Up to ten files, maximum of 10 MB each. File types accepted: .doc, .docx, .ods, .txt, .pdf, .xls, .xlsx, .csv, .ppt, .pptx, .jpeg, .jpg, .gif, and .png.

SECTION 8. ATTESTATIONS AND SIGNATURE
Click here for guidance on section 8.

By signing and submitting this application, the Lead Applicant Organization and project team agrees to all of the following:

1. I am submitting this application on behalf of the Lead Applicant organization and am authorized to represent the organization on their behalf; and

2. The proposal has been reviewed by and has the support of the Lead Applicant organization's authorized body; and

3. All information provided in this application and any attachments are true and correct; and

4. On behalf of the Lead Applicant Organization and project team, I have read, understand and agree to abide by all of the requirements, terms and conditions in the CMO Implementation Manual; and
Resolution No. 2023-69
Exhibit "A"

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5. I have read and am aware of the insurance requirements required of the Lead Applicant, SubApplicant and partners participating in the CMO program as listed in Section III(3) of the Implementation Manual; and

6. I am aware that the CMO Community Transportation Needs Assessment Voucher is a costreimbursement voucher based on actual costs incurred and verified through payment reimbursement requests and supporting documentation; and

7. I agree to comply with CMO program requirements during the voucher agreement term.

Signature
Signature of the authorized entity that represents the Lead Applicant organization/tribe and signs this application on behalf of the Lead Applicant organization/tribe.

Signature Date
11/1/2022
Date signed.

Signed by
Matthew
First
Anderson
Last
First and Last Name of Authorized Entity submitting form on behalf of the Lead Applicant organization/tribe.

Position
Management Analyst
Example: Transporaton Director
Fill in
Upload Signature (as needed)
Upload signature if not using e-signature above. Use one file, maximum of 10 MB. File types accepted:
.doc, .docx, .ods, .txt, .pdf, .xls, .xlsx, .csv, .ppt, .pptx, .jpeg, .jpg, .gif, and .png.

Are You Ready to Submit the Application?
Yes
(select one)
*Application Window
opens at 9:00 am PT on
November 2, 2022
Resolution No. 2023-69
Exhibit "A"

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RESOLUTION NO. 2023-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING CITY OF

ESCONDIDO TO RECEIVE FUNDING, THROUGH CLEAN

MOBILITY OPTIONS, TO PREPARE A COMMUNITY

TRANSPORTATION NEEDS ASSESSMENT
WHEREAS, The City of Escondido, as Lead Applicant, submitted a Mobility Project Voucher Application on November 2, 2022, for the Clean Mobility Options Voucher Community Transportation Needs Assessment (CMO). The application submitted was for the preparation of a strategy to provide clean mobility options for disadvantaged communities in Escondido; and WHEREAS, the City of Escondido is eligible to receive funding through CMO, a statewide initiative funded by California Climate Investments, and administered by California Air Resource Board’s Program Administrator team to provide funding for zero-emission shared mobility options to under-resourced communities in California; and
WHEREAS, the City of Escondido will comply with the requirements of the CMO program stated in the Implementation Manual and will accept the CMO voucher funds; and WHEREAS, the City of Escondido will contract with Fehr & Peers to act as consultants in the completion of the Community Transportation Needs Assessment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Escondido is committed to implementing clean transportation strategies and increasing transportation equity in Escondido’s SB 1550 designated Low-Income Communities; and
Resolution No. 2023-69
Exhibit "A"

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BE IT FURTHER RESOLVED, that the City Engineer shall be authorized to execute the approval of CMO voucher funds, reiterate CMO program commitment, and compliance with CMO program requirements to the CMO Program Administrator Team.

Resolution No. 2023-69
Exhibit "A"

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Clean Mobility Voucher Pilot Program: CONFLICT OF INTEREST DECLARATION The awardee must disclose any Conflict of Interest with their ability to fulfill the duties of the Clean Mobility Voucher Pilot Program Voucher Agreement (Voucher Agreement). Please summarize all of your organization’s or any subcontractor’s/project partner's direct or indirect interests which may pose an actual, apparent, or potential conflict of interest with your ability to fulfill the duties of the Voucher Agreement. Please note that a potential or actual conflict of interest exists when commitments and obligations under the Voucher Agreement are likely to be compromised by the awardee’s or any subcontractor’s/project partner's other interests (including but not limited to financial interests), or relationships, particularly if those interests or commitments are not disclosed. The Program Administrator may consider the nature and extent of any potential or apparent conflict of interest in reviewing, considering, or processing the voucher application or voucher implementation activities, and may disqualify the awardee/voucher recipient at the Program Administrator's sole discretion.

Please describe below any interests (including but not limited to financial interests), relationships, or positions you or any of your organization’s or subcontractor’s/project partner’s hold (volunteer or otherwise), or circumstances that you believe could contribute to a conflict of interest:

To my knowledge, my organization/ subcontractor/ project partner does not have a Conflict of Interest to disclose.

My organization/ subcontractor/ project partner has a Conflict of Interest to disclose and I have included the appropriate documentation.

Signature of Responsible Party Date
Typed Name of Responsible Party
Typed Name of Organization
Resolution No. 2023-69
Exhibit "A"

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Clean Mobility Voucher Pilot Program

CONFIDENTIALITY STATEMENT
As an authorized representative and/or officer of the organization named below, I warrant my organization and its employees will not disclose and will keep confidential any documents, diagrams, Personally Identifiable Information ( see next page for the definition of PII), and information storage media (i.e., databases, cloud storage, etc.) made available to us by the State, the Program Administrator, or community members for the purpose of implementing the Clean Mobility Voucher Pilot Program Voucher Agreement (Voucher Agreement) or in conjunction with any sub-contract agreement arising there from. No obligations in this Confidentiality Statement, however, prevents me or another representative of the organization named below from producing documents or information that are legally compelled under applicable law, including but not limited to a valid subpoena or California Public Records Act Request. If the Awardee believes disclosure may be required under the California Public Records Act or other law, the Awardee shall first give the State and Program Administrator written notice of the intent to disclose plus fourteen (14) days after receipt of the written notice to seek an order preventing disclosure from a court of competent jurisdiction.

I warrant that only those employees who are authorized and required to use such materials will have access to them and that they will sign confidentiality statements at least as restrictive as this one applicable to the organization named below.

I further warrant that all PII provided by the State, the Program Administrator or community members in conjunction with the Voucher Agreement will be physically and/or electronically destroyed once the information is no longer necessary for the implementation to meet the Voucher Agreement requirements. I will include a letter attesting to documenting the destruction of such PII to the Program Administrator as part of the completion of the project milestones. Failure to so comply will subject this organization to potential liability, including all damages to the State and third parties. I authorize the State and Program Administrator to inspect and verify compliance with this statement.

Signature of Responsible Party Date
Typed Name of Responsible Party
Typed Name of Organization
Resolution No. 2023-69
Exhibit "A"

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For purposes of this confidentiality statement, Personally Identifiable Information (PII) includes but is not limited to an individual’s:
• Social Security number
• Driver license or state-issued ID number
• Military ID number
• Passport number
• Credit card (or debit card) number, CVV2, and expiration date • Financial account numbers (with or without access codes or passwords) • Customer account numbers
• Unlisted telephone numbers
• Date or place of birth
• Mother’s maiden name
• PINs or passwords
• Password challenge question responses
• Account balances or histories
• Wage & salary information
• Tax filing status
• Biometric data that can be used to identify an individual, including finger or voice prints
• Digital or physical copies of handwritten signature
• E-mail addresses
• Medical record numbers
• Vehicle identifiers and serial numbers, including license plate numbers • Medical histories
• National or ethnic origin
• Religious affiliation(s)
• Physical characteristics (height, weight, hair color, eye color, etc.) • Insurance policy numbers
• Credit or payment history data
• Full face photographic images and any comparable images • Certificate/license numbers
• Internet Protocol (IP) address numbers
 Geolocation or physical address
Resolution No. 2023-69
Exhibit "A"

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STAFF REPORT
July 19, 2023
File Number 0600-10

SUBJECT

APPROVE CHANGE ORDER TO COMPLETE ADDITIONAL WORK FOR THE STORM DRAIN

REHABILITATION PROJECT, PHASE III

DEPARTMENT
Development Services

RECOMMENDATION
Request that the City Council adopt Resolution No. 2023-90 authorizing a change order with Sancon Technologies, Inc. in an amount not to exceed $551,361.23 to add rehabilitation of two 66" storm drain pipelines to the Storm Drain Rehabilitation, Phase III project (“Project”).

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

FISCAL ANALYSIS
There are adequate funds in the Storm Drain Repair and Improvements Project budget to pay for the original construction project and repair two parallel 66-inch storm drains for a negotiated price of $551,361.23.

PREVIOUS ACTION
On March 8, 2023, The City Council adopted Resolution No. 2023-22, authorizing the award of the Storm Drain Rehabilitation Project, Phase III, to Sancon Technologies, Inc. (“Contractor”) in the amount of $906,142.

BACKGROUND
In May 2023, property managers for the Reidy Creek Apartments contacted the City with concerns about potential settlement in the vicinity of a City storm drain easement. After televising the pipelines, it was determined that two City storm drain facilities (Facility #18129 and #18129A) are in need of immediate repair. The facilities are two 66-inch diameter bituminous coated corrugated metal storm drain pipelines which run parallel to each other and perpendicular to Morning View Drive, near the intersection of Morning View Drive and W. El Norte Parkway. The two storm drains are contained within a City easement 462
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that runs through the Reidy Creek Apartment Homes located at 1345 Morning View Drive. The total length of each pipe is approximately 188 feet.

These two storm drains were inspected and assessed as part of the City’s Corrugated Metal Pipe Storm Drain Assessment Program performed in 2017/2018 by Brown and Caldwell. Facility #18129 received a Pipeline Assessment Certification Program (“PACP”) Quick Score of 423F and Facility #18129A received a PACP Quick Score of 413E, these scores were used as input in developing the grade for each facility and are defined in the table below:

Facility ID#
Highest
Severity Grade
Along Pipe
Total Number of
Highest Severity
Grades
Second Highest
Severity Grade
Along Pipe
Total Number of
Second Highest
Severity Grades
18129 4 2 3 F=6
18129A 4 1 3 E=5
Both facilities were rated as Grade 4 High Priority, which is defined as a storm drain with severe defects that will become Grade 5. A Grade 5 rating is considered the highest priority rating. At the time of the inspection, it was recommended that the inverts of each pipe be paved in order to preserve and protect the pipelines within five years. Based on recent video footage, photographs, and field observations performed by City staff, the two pipes have continued to deteriorate since the original assessment performed by Brown and Caldwell in 2017/2018. Included in these worsened conditions is a partial collapse in each of the two pipes. Based on this updated information, each pipe would now receive a Grade 5 rating and requires full restoration.

As discussed in the March 22, 2023 Staff Report, rehabilitation of Grade 5 Highest Priority pipelines has been prioritized. However, the available budget is not adequate to make repairs along the timelines recommended in the 2017/2018 Brown and Caldwell Assessment.

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
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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
City staff received multiple cost proposals to perform the required rehabilitation on the two storm drain pipes. Sancon submitted the best price to complete the repairs. If this change order is approved, the Contractor will prioritize this repair and complete the work prior to the next rainy season thereby minimizing the risks associated with additional deterioration.

RESOLUTIONS
a. Resolution No. 2023-90
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RESOLUTION NO. 2023-90

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A CHANGE
ORDER WITH SANCON TECHNOLOGIES, INC. FOR

ADDITIONAL REPAIRS FOR THE STORM DRAIN LINING

AND REHABILITATION PROJECT, PHASE III
WHEREAS, the City Council has allocated funding in the adopted Capital Improvement Program (“CIP”) Budget for the City’s Storm Drain Lining and Rehabilitation Program; and WHEREAS, Sancon Technologies, Inc. was determined to be the lowest responsive and responsible bidder on February 23, 2023; and
WHEREAS, this City Council desires at this time and deems it to be in the best public interest to authorize the Mayor to execute, on behalf of the City, a construction change order to Sancon Technologies, Inc. in an amount not to exceed $551,361.23.

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, a construction change order with Sancon Technologies, Inc. to complete additional storm drain repairs and lining up to an amount of $551,361.23.

3. That staff retains the authority to approve change orders up to ten-percent of the total contract amount in accordance with the Municipal Code.
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STAFF REPORT
July 19, 2023
File Number 0480-70

SUBJECT
SAN DIEGO DROWNING PREVENTION FOUNDATION GRANT - $3,000

DEPARTMENT
Community Services Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2023-79 authorizing the Director of Communications & Community Services to receive a $3,000 grant from the San Diego Drowning Prevention Foundation.

Staff Recommendation: Approval (Community Services: Joanna Axelrod, Deputy City Manager/Director of Communications and Community Services)
Presenter: Robert Rhoades, Deputy Director of Community Services

FISCAL ANALYSIS
This action will have no impact on the General Fund Budget and does not require matching funds.

PREVIOUS ACTION
None.

BACKGROUND
The City of Escondido has been awarded $3,000 from the Drowning Prevention Foundation of San Diego under their “SD Swims Grant Program” for Summer 2023. These funds will provide staffing and materials support to activities that promote water safety in Escondido through the following programs:
o A free water safety lesson that occurs during the beginning of Open Swim at Washington Park Pool each Friday, Saturday and Sunday, 12-1 p.m. throughout the summer. Participants who attend these talks are invited to stay for the remainder of Open Swim free of charge. o The second program provides free access to our Jr. Lifeguard program for youth ages 12-15. Youth who attend this program will be taught introductory water rescue skills along with how to perform CPR and use an AED machine. This program will run three sessions in July, Monday through Thursday for one hour each day.
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o The grant will support the staffing costs of the City’s second annual Summer Glow pool party that will host a variety of water safety games and challenges. This special event was recently honored by the California Parks and Recreation Society (CPRS) with their “Best Community Event” award at the CPRS District 12 annual awards ceremony (“Attachment ”2”) and with support from this grant, staff are able to bring this to our community for a second year in a row.

RESOLUTIONS
a. Resolution No. 2023-79

ATTACHMENTS
a. Attachment “1” – Budget Adjustment
b. Attachment “2” – CPRS Best Community Event Award picture 467
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RESOLUTION NO. 2023-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE DEPUTY

CITY MANAGER/DIRECTOR OF COMMUNICATIONS &

COMMUNITY SERVICES TO RECEIVE AND EXPEND A
$3,000 GRANT FROM THE SAN DIEGO DROWNING

PREVENTION FOUNDATION
WHEREAS, the California Department of Public Health records indicate one in every 100,000 Californians die from drowning annually, and that for every drowning fatality there are 3 more non-fatal drowning events that occur. Populations that are at greatest risk include youth ages 0-4 and older adults 75 and up; and
WHEREAS the City of Escondido’s Community Services Department is the primary resource for educating the public in water safety through a variety of learn-to-swim programs and opportunities that are meant to engage all members of our community; and
WHEREAS, the Drowning Prevention Foundation of San Diego is committed to promoting greater water safety and drowning prevention through providing grant opportunities and partnerships with local communities and non-profits; and
WHEREAS, the City of Escondido is a partner of the Drowning Prevention Foundation of San Diego in promoting greater water safety and education in our community to alleviate the risk of drowning in our county, and state.

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

1. That the above recitations are true.
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2. That the City Council authorizes the Deputy City Manager/ Director of the Communications and Community Services, or her designee, to execute all necessary documents, in forms approved by the City Attorney’s Office, to accept all grant funds.

3. That the City Council approves of any necessary budget adjustments to expend funds received for the purposes stated herein.

4. That Community Services Department shall expend the $3,000 grant funds in accordance with the terms and requirements of the grant agreement. 469
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BUDGET ADJUSTMENT

REQUEST
Department: Community Services Department
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Robert Rhoades
City Council Meeting Date:
(attach staff report) 7/19/2023

EXPLANATION OF REQUEST
Acceptance of $3,000 grant from the Drowning Prevention Foundation of San Diego. The grant will fund staffing and materials to support activities that promote water safety in Escondido.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Miscellaneous Agencies 4121-401-New Project $3,000.00
Drowning Prevention Foundation
of San Diego: SD Swims Grant 0000-401-New Project $3,000.00

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE

Attachment "1"
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Attachment “2”
CPRS District 12: Parks Make Life Better, Best Community Event Award Summer Glow Party, City of Escondido
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STAFF REPORT
July 19, 2023
File Number 0600-10; A-3467

SUBJECT

LIBRARY CRITICAL INFRASTRUCTURE PROJECT MANAGEMENT CONSULTING AGREEMENT WITH

GRIFFIN STRUCTURES

DEPARTMENT
Communications & Community Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2023-86, authorizing the Mayor to execute a Consulting Agreement with Griffin Structures in the amount of $798,000 for the project and construction management services related to the Escondido Public Library Critical Infrastructure and Modernization Project (“Project”).

Staff Recommendation: Approval (Communications & Community Services: Joanna Axelrod, Deputy City Manager/Director of Communications & Community Services) Presenter: Joanna Axelrod, Deputy City Manager/Director of Communications & Community Services

FISCAL ANALYSIS
There will be no impact to the General Fund as the cost of this contract will be paid out of the grant funding received for this Project.

PREVIOUS ACTION
On March 2, 2022, City Council adopted Resolution 2022-32 authorizing the Deputy City Manager/Director of Communications & Community Services to submit an application to the California State Library for $10 million in funding through the Building Forward Library Infrastructure Improvement Program grant and complete all necessary documentation to receive and spend funds.

On September 12, 2022, the City was notified that our application was successful, and we were awarded the full $10 million and that our request for a full 100% reduction in the required cash match amount was also approved.

BACKGROUND
The Budget Act of 2021 (SB-129) allocated $439 million in one-time funds to the California State Library to address life-safety and critical maintenance needs of public library facilities throughout California. The 472
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competitive Building Forward Library Infrastructure Improvement Program grant prioritizes funding for local library facilities located in high poverty areas of the state. The City applied for and was awarded the maximum grant amount per library facility of $10,000,000. Additionally, the City’s request for a full 100% reduction in the required cash match amount was also approved.

The Escondido Public Library resides in a 40,000 square foot building constructed in 1980 and is the sole library location serving a population of over 150,000 people. As with many aging City facilities, there has not been sufficient funding available to properly maintain the library. There are currently three known roof leaks and the windows seep during storms with high winds. Without addressing the roof and window issues, it is likely that there will be a major issue impacting library operations in the next 3-5 years.

The Project will replace critical infrastructure including lighting, roofing, windows, and HVAC systems throughout the facility. Fluorescent and incandescent lighting will be replaced with energy efficient LED.

The original roof, which has exceeded its projected lifespan and has been repaired multiple times over the years but continues to leak, will be replaced and allow us to fix water-damaged areas throughout the facility. The asbestos-laden ceiling tiles will be remediated and replaced with a safer, more modern material. The first-floor restrooms will also be upgraded to current ADA compliance. The Library has seven roof top HVAC systems which are approximately 15 years old with a 15-year lifecycle. The Library is a designated cool zone for residents during extreme heat waves. Due to the age of the HVAC units, we are experiencing major HVAC failures that have affected operations. These replacement efforts will extend the life of the building for the foreseeable future. If additional funding remains beyond the costs associated with the critical infrastructure improvements, then modernization efforts around making the layout of the first floor more functional and accommodating of current community needs as well as aesthetic improvements will be made.

In order to address staff bandwidth issues around project management of the numerous capital improvement projects underway and the tight timelines of the associated funding sources, it has been necessary to hire outside support. RFQ 23-01 was released January 23, 2023 in order to build a list of qualified firms for Project/Construction Management Services. Out of the nine responses, four firms were asked to submit specific proposals for the Project. The selection team of representatives from Engineering, the City Attorney’s Office, Communications & Community Services, and Public Works was formed to review the proposals. It was determined that with over 35 library projects in their portfolio, Griffin Structure’s extensive experience in performing similar construction project management of municipal library renovation projects, in addition to their detailed proposal and deliverables, was the right fit for this Project.

Following Council approval and execution of the contract, it is anticipated that preconstruction will take 18 months followed by 14 months of construction.
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RESOLUTIONS
a. Resolution No. 2023-86
b. Resolution No. 2023-86 Exhibit “A” Consulting Agreement 474
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RESOLUTION NO. 2023-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A CONSULTING
AGREEMENT IN THE AMOUNT OF $798,000 WITH

GRIFFIN STRUCTURES FOR THE PROJECT AND

CONSTRUCTION MANAGEMENT SERVICES RELATED TO

THE ESCONDIDO PUBLIC LIBRARY CRITICAL

INFRASTRUCTURE AND MODERNIZATION PROJECT
WHEREAS, the Budget Act of 2021 (SB-129) allocated $439 million in one-time funds to the California State Library to address life-safety and critical maintenance needs of public library facilities throughout California as part of the Building Forward Library Infrastructure Improvement Program; and WHEREAS, the CITY was awarded $10 million to fund the Escondido Public Library Critical Infrastructure and Modernization Project (“Project”) which will replace critical infrastructure including lighting, roofing, windows, HVAC systems, asbestos remediation, and upgrade existing restrooms to ADA standards; and
WHEREAS, the City has determined that it is in the City’s best interest to retain the professional services of a consultant to provide project and construction management services related to the Project; and
WHEREAS, Griffin Structures was determined, through a competitive procurement process, to be the most qualified firm that provided the best value to the City.

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

1. That the above recitations are true.
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2. That the City Council authorizes the Mayor to execute a Consulting Services Agreement in the amount of $798,000 with Griffin Structures, which is attached to this Resolution as Exhibit “A” and incorporated by this reference, subject to final approval as to form by the City Attorney. 476
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Consulting Agreement (v2) - 1 - CAO:2/16/2023

CITY OF ESCONDIDO

CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Dane White
(760) 839-4505
("CITY")
And: Griffin Structures, Inc.
a California corporation
1 Technology Dr.

Building 1 Suite 829
Irvine, CA 92618
Attn: Jon Hughes
949-444-1615
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to provide project and construction management services related to the Building Forward Library Facilities Improvement Program grant funded by the California State Library;
WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and
WHEREAS, the CITY and CONSULTANT desire to enter into this Agreement for the performance of the Services described herein.

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

1. Description of Services. CONSULTANT shall furnish all of the Services described in the Scope of Resolution No. 2023-86
Exhibit "A"

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Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).

2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, and CONSULTANT shall accept in full, an amount not to exceed the sum of $798,000.

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

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

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

CONSULTANT shall not add or remove persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent. a. Each individual listed on Attachment “B” must file (i) a Statement of Economic Interests Form 700 (“Form 700”) pursuant to the California Political Reform Act of 1974 within 30 days of commencing work pursuant to this Agreement and (ii) a “leaving office” Form 700 within 30 days of concluding work pursuant to this Agreement. If the term of this Agreement extends beyond one year, each individual listed on Attachment “B” must file a Form 700 on an annual basis for each subsequent term year on or before the first of April. The CITY may require each individual listed on Attachment “B” to assist the CITY in completing a Form 805 to identify consultants that make or participate in making governmental decisions and identify the consultants’ disclosure requirements. The Clerk’s Office will coordinate Form 700 and 805 completion on the CITY’s behalf.

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

6. City Property. All original documents, drawings, electronic media, and other materials prepared by CONSULTANT pursuant to this Agreement immediately become the exclusive property of the CITY, Resolution No. 2023-86
Exhibit "A"

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and shall not be used by CONSULTANT for any other purpose without the CITY’s prior written consent.

7. Insurance Requirements.
a. CONSULTANT shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONSULTANT, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker’s Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissions). Professional Liability (Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.
(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status. Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, and employees ) specifically as an additional insured under the policy on a separate endorsement page.

The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01. (3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, and employees. Any insurance or self-insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
(4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Resolution No. 2023-86
Exhibit "A"

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Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, and employees) is an additional insured on any insurance required from a subcontractor. (6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its employees.
(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of selfinsurance. CONSULTANT shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONSULTANT’s utilization of selfinsurance shall not in any way limit the liabilities assumed by CONSULTANT pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates compliance with the insurance requirements in this Agreement.

8. Indemnification, Duty to Defend, and Hold Harmless.
a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in Resolution No. 2023-86
Exhibit "A"

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law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONSULTANT’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water 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 8 shall survive the termination of this Agreement.

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

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

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

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

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

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

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

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

Resolution No. 2023-86
Exhibit "A"

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

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

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

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

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

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

22. Prevailing Wages. If applicable, pursuant to California Labor Code section 1770 et seq., CONSULTANT agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of 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 CONSULTANT to comply with this section.

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

24. Department of Industrial Relations Compliance. This public project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONSULTANT shall post Resolution No. 2023-86
Exhibit "A"

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

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.

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
Griffin Structures, Inc.

Date: __________________ ___________________________________ Signature
___________________________________
Name & Title (please print)
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

Resolution No. 2023-86
Exhibit "A"

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ATTACHMENT “A”
Scope of Work
A. General
Griffin Structures, Inc., a California corporation, (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with project and construction management services related to the Building Forward Library Facilities Improvement Program grant funded by the California State Library (“Project”).

B. Location
Consultant to provide services located at the Escondido Public Library 239 S. Kalmia St. Escondido, CA 92025 (“Project Site”) and at Escondido City Hall located at 201 N. Broadway Escondido, CA 92025.

C. Services
Consultant shall provide services in accordance with Consultant’s proposal, which is attached to this Scope of Work as Exhibit 1 and incorporated herein by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Exhibit 1, the terms of this Agreement shall prevail.

PHASE 1: PRECONSTRUCTION
Project Initiation & Communications
Consultant will host a Project initiation meeting to determine the City’s goals and objectives, understand key decision makers, and set up a process to engage any stakeholders as a Steering Committee. Topics will include program and Project budget, schedule assumptions, previous and projected outreach efforts, completed due diligence items and others to help focus the work which will follow below.

Due Diligence
Consultant will review as-built drawings, maintenance records, any lead and asbestos reports to provide to the design teams as a way to understand how the library building technically was constructed and renovated over the years. Any other anticipated scope will be vetted to understand if due diligence is necessary to better inform the scope in the following stages.

A&E Solicitation & Recommendation
To assist the City in procuring architectural and engineering (A&E) services, Consultant will develop a detailed RFP to solicit qualified firms and their related experience and fees. In addition to a formal public notification (as determined by the City), Consultant will send the approved RFP to qualified A&E teams within the industry to whom Consultant believes are competent professionals able to complete this scale of work for the City. Services will include pre-proposal conference as well as answering questions from proposers throughout the process. Consultant will also assist the City throughout the interview and selection process including any fee, scope, or contract negotiations.

Resolution No. 2023-86
Exhibit "A"

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Design Management
• Review all approved programming and design documents and ensure that the team is aligned on Project goals and requirements;
• Prepare reports on probable cost, constructability, value analysis, and operability; • Perform periodic checks on the design progress to ensure that the design meets all Project goals including program, cost, schedule, features, and quality; and • Issue reports on findings.

Constructability Reviews
Consultant will focus on the quality and clarity of drawings and specifications, perform constructability reviews, and provide cost estimating and reconciliation to minimize conflicts and surprises during the construction phase. Consultant’s series of constructability reviews will facilitate plan coordination and clarity, which ultimately minimizes the number of contractors’ questions and change orders during construction. This process results in contractor bids which are not inflated to cover ambiguities. Specifically, Consultant will accomplish the following subtasks: Budget Development and Schedule Development as described below.

Budget Development
Consultant will review and provide comment on the A&E team’s detailed construction cost estimates as the design progresses inputting into a master Project budget which Consultant will keep track of. Consultant will advise the City and the Design Team on any adjustments necessary to keep the Project on budget.

Schedule Development
Concurrently with the development of the design and the budget, Consultant will prepare a development and construction schedule using Critical Path Management (CPM) techniques.

The schedule will be prepared using suitable scheduling software, such as Microsoft Project.

Approach to Value Engineering & Life-Cycle Costs
Value engineering is an integral part of Consultant’s cost management process, beginning at the start of design. Consultant closely tracks design decisions as they are made and checks them against the City’s program, performance criteria, budget, operating cost expectations, reliability expectations, etc. The purpose is to make value engineering an integral part of the design process and avoid a separate Value Engineering exercise after the design is already completed.

Contractor Prequalification
Prior to issuance of bid documents, Consultant will recommend a formal general contractor prequalification process which is a modified version of the State of California Department of Industrial Relations prequalification model.

Bid Management
Consultant will assist the City and the Design Team in the preparation of a complete and coordinated set of bid documents as well as a Contractor form of agreement. We will structure the contractor bid packages to allow open competition consistent with requirements of public contracting code. If contractor RFI’s are received during the bid period, we will coordinate the preparation of addenda Resolution No. 2023-86
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with the Design Team or others and issuance of addenda to the bidders. After bids are received and opened, Consultant will assist in the coordination, tabulation, and analysis of the bid responses.

PHASE 2: CONSTRUCTION
Pre-Construction Conference
Consultant will organize and conduct the Pre-Construction meeting and provide agenda and meeting minutes accordingly. Consultant will ensure that all pertinent team members will be present to coordinate with City staff.

Contract Administration
Consultant will work closely with the City to prepare and oversee the mobilization of the Contractor, the phasing of work, and the establishment of suitable and safe construction staging including, but not limited to: fencing, barricades, temp facilities, temp utilities, construction trailer placement etc.

The planning of this effort will start early in the preconstruction process. Also, an initial site phasing and staging plan will be included in the bid documents to give guidance to the bidders regarding City standards and expectations.

Submittal Procedures
Consultant will oversee the distribution of all shop drawing submittal reviews, RFI’s, payment requests, change orders, product data, material delivery dates, periodic reports, Project logs etc. As described above, Consultant will use Submittal Exchange or City’s Virtual Project Manager software for expedient distribution and tracking of these documents. This effort will meet the exact level of detail expected from the City.

Meetings
Consultant will prepare the agendas and meeting minutes, discuss the schedule updates and nearterm activities; work with the team to clarify or resolve problems; coordinate with other Contractors; update the team on the status of change orders, submittals, and RFI’s; and review safety issues and other topics as they arise. Consultant will assign action items to responsible parties along with the corresponding date the action requires completion. These meetings will be reviewed for concurrence and will be distributed to attendees within five calendar days.

Quality Assurance/Quality Control (QA/QC)
Consultant will employ a robust QA/QC methodology to this Project to observe, verify, and document the specified level of construction quality.

Construction Observation
Consultant will serve as the ‘eyes and ears’ of the City for quality control. Accordingly, Consultant will walk the site regularly and inspect all installations for consistency with the construction documents. Specifically, Consultant will enforce the highest level of quality of workmanship to ensure the City receives the best value for the investment made on behalf of the community.

Non-Conforming Work
Consultant will observe all installations and notify if any non-confirming work installed. These notices will be detailed thoroughly and provide recommendations to the City and Architect for corrective Resolution No. 2023-86
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measures. Consultant will also notify the Contractor of non-confirming work and track all resolutions via the Field Observation Log described in Exhibit 1.

Progress Review
The Consultant Construction Manager/Project Inspector will provide periodic progress review of all activities performed on the Project. Additionally, a counting of construction days will be accrued as verification of contract days spent, along with a percentage of completion for activities. Any issues or problems will also be documented for future reference. Consultant will review every schedule provided by the Contractor to confirm they meet the overall objectives of the Project. Accordingly, Consultant will oversee and ensure that activities in the field are consistent with the approved schedule, and will recommend corrective action should they fail correlate.

Maintain On-Site Records
Consultant will manage all Project documentation via our cloud-based document management system. As such, Contractor will maintain all shop drawings, product data, samples, submittals, purchases, materials, equipment, and applicable handbooks. All documents will be maintained and turned over to the City at the completion of the Project.

Schedule of Values & Processing of Payments
Consultant will establish, or cause to be established by the Contractor, a comprehensive Schedule of Values for the entirety of the Project for approval by the City. Once approved, this will serve as the basis for all progress payments, which Consultant will review for consistency with progress in the field and make recommendations to the Contractor for correction. Once corrected, Consultant will make recommendations to the City for processing.

Evaluate Change Order Proposal Costs
Consultant will review all change orders and provide supplemental information as needed to justify their approval or rejection. Consultant will negotiate with the Contractor on the City’s behalf and serve as the point of contact for resolving issues and mitigating against potential claims. Specifically, Consultant will seek to avoid claims as detailed above.

Change Order Reports
Consultant will maintain a comprehensive log of all change orders for the Project. This log will include anticipated change orders not yet received, change order requests, the status of their review or rejection, and a final documentation of all approved change orders.

Contractor Claims
As described above, Consultant has an extensive claims mitigation and avoidance program which will be employed for this Project.

Project Status Reports
As with the preconstruction phase, Consultant will provide a monthly Project status report for distribution to all parties the City deems appropriate. This report will include key milestones, anticipated work pending, budget updates, photographs, and any key challenges encountered.

Resolution No. 2023-86
Exhibit "A"

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Equipment Instruction Manuals, Warranties & Releases
Integral to our cloud- based document management system, Submittal Exchange or City’s Virtual Project Manager software will assemble all guarantees, certifications, affidavits, leases, easement deed, operating and maintenance manuals, warranties and any other closeout documents. This system will provide a complete digital file for all documents, for future use, as well as maintain cloudbased file for future use.

Completion of Contracts & Project
Consultant will coordinate the final punch walk of the Project to ensure all improvements are per the plans and specifications. Throughout the course of construction, Consultant will employ a Field Observation Log to identify quality issues observed by the Project team on an ongoing basis. This will function as an ongoing pre-punch list, and therefore help to minimize the issues discovered at the final punch walk. Consultant will also oversee the follow up punch walks to confirm corrective action is resolved. Once completed, Consultant will issue a comprehensive punch list for completion by the Contractor. Afterwards, Consultant will oversee the completion of these items and ensure that all deficiencies and corrections are completed to the satisfaction of the City.

As-Built, Close Out & Warranties Documents
Consultant will maintain a complete and up-to-date set of drawings for the duration of the Project.

As such, the CM set will be used as the As-Built set and require that all trade contractors mark up the CM set which will allow for a complete set of As-Built documents be turned over to the City for record purposes.

User Training Sessions
Consultant will oversee and attend all training sessions for City staff. We will require that all training sessions be videotaped and that those tapes be turned over to the City for future reference. These sessions will also be performed in accordance with CalGreen commissioning requirements and managed in a manner that is consistent with state building code.

Accounting Records
Consultant brings a significant amount of experience in cost accounting methods including the management of contract unit costs and T&M analysis and will employ that experience to provide comprehensive cost accounting records and controls. Consultant will use its cost controls system to establish a master budget that captures all costs associate with the Project. Consultant will provide regular updates to the City throughout the duration of the Project.

Permits
Consultant will work with the City and the design team to ensure all permits are pulled and all requirements of the permitting process are enforced.

Initial Start-Up & Testing
As part of the commissioning process, all installations will go through both a pre-functional testing protocol and a functioning test protocol. These tests will be managed and documented by the Commissioning Agent and overseen by the Construction Manager/Project Inspector.

Resolution No. 2023-86
Exhibit "A"

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Storm Water Pollution Prevention Plan (SWPPP)
Consultant will oversee the implementation of the SWPPP program, first by requiring the Contractor provide a QSP as required by the State Water Quality Control Board, and then by performing spot check observations. Any deficiencies and repairs that may be needed will be communicated to the Contractor to rectify as required.

Punch List
Consultant will coordinate the final punch walk to ensure all improvements are per the plans and specifications. Specifically, Consultant will employ a Field Observation Log that will seek to identify quality issues observed by the Project team on an ongoing basis. This will serve to function as an ongoing pre-punch list, and therefore help to minimize the issues discovered at the final punch walk.

Consultant will also oversee the follow up punch walks to confirm corrective action is resolved. Once completed, Consultant will issue a comprehensive punch list for completion by the Contractor.

Consultant will oversee the completion of these items and ensure that all deficiencies and corrections are completed to the satisfaction of the City.

Final Claims Releases
Should any claims be made on the Project, or any stop notices imposed, Consultant will work with the City to resolve all claims for the success of the Project.

Final Project Report & Payment
Consultant Structures will prepare a final report for the City that captures a final summary of all financial matters including Contractor change orders, consultant costs, services, FF&E (as applicable), and other costs related to the Project. This report will also address all schedule issues and contract dates, as well as final acceptance summary with signed receipts from all City staff. The final report will address all close out documentation as well as final FF&E purchases (as applicable) and installations.

User Complaints
Should user complaints issues arise, Consultant will coordinate with the staff and Contractor to investigate and resolve any issues related to the Project.

Year-End Walk Through
Consultant is prepared to provide a year-end walk through at the conclusion of the warranty period to determine if any issues need to be resolved prior to the expiration of the warranty period. This is typically performed at the 11th month, so the Contractor has sufficient time to address the issues prior to expiration.

D. Scheduling
Consultant to schedule specific dates of work in advance by contacting Joanna Axelrod at 760-839- 4871 or [email protected]. Further instructions will be provided upon scheduling.

E. Contract Price and Payment Terms
The contract price shall not exceed $798,000. The contract price includes all labor, materials, equipment, and transportation required to perform the work.

Resolution No. 2023-86
Exhibit "A"

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All costs invoiced by Consultant will be billed based on actual time spent. Any unused savings will be returned to the City or reallocated to another use as agreed to by both Parties in writing.

The hourly rates are fully burdened and include overhead profit, taxes, and benefits. Services will be billed as services are performed according to the Fee Proposal and the Resources Allocation Schedule included in Exhibit 1 for each individual employee and task. However, these are estimates only and hours may be reallocated between staff members, subconsultants, and tasks, in consultation with City, in order to accomplish the overall objective and requirements of the Project.

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 from the Effective Date of the Agreement through January 31, 2026.

G. Other
Consultant understands and acknowledges that California Building Forward Grant funds will be used in whole to pay for services under this Agreement. Accordingly, Consultant agrees to comply with all City requests relating to the Award Agreement entered into by the City and the California State Library (Agreement No. BF-1-21-019), which is attached hereto as Exhibit 2 and incorporated herein by this reference. Furthermore, Consultant shall comply with all applicable requirements stated in Exhibit 2, including but not limited to the following:

1. Audit and Records Access: At the City’s direction, Consultant shall allow the State Library, the Department of General Services, the State Auditor, or their designated representatives the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. Consultant agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Consultant agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Consultant agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

2. Non-Discrimination Clause: During the term of this Agreement, Consultant (including any subconsultants and subcontractors) shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status.

Consultant shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment. Additionally, Consultant, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the State Library to implement such article. Consultant shall Resolution No. 2023-86
Exhibit "A"

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permit access by representatives of the Department of Civil Rights and the State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the State Library shall require ascertaining compliance with this clause. Consultant, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Consultant shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work for the Project.

3. Insurance Requirements: Consultant shall comply with the insurance requirements as described in Exhibit B (ADDITIONAL TERMS AND CONDITIONS) of Exhibit 2.

Resolution No. 2023-86
Exhibit "A"

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ATTACHMENT “B”
Personnel List
Pursuant to Section 4 of the Agreement, CONSULTANT shall only assign performance of Services to persons listed below.

1. Jon Hughes, Principal-in-Charge, [email protected], Griffin Structures;

2. Robert Godfrey, Project Executive, [email protected], Griffin Structures;

3. Dustin Alamo, Predevelopment Manager, [email protected], Griffin Structures;

4. Tim Shaw, Sr. Project & Construction Manager, [email protected], Griffin Structures; and

5. Ariana Ramzian, Project Analyst, [email protected], Griffin Structures.

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

Should the CONSULTANT be away from the Project due to holidays, vacation, or other such absence, CONSULTANT will notify CITY and provide alternate personnel and/or supplement that absence with the suitable and appropriate work force to minimize disruption to the Project. Such substitutions will not be permitted without the City’s prior written consent.

Acknowledged by:

Date: __________________ ___________________________________ Jon Hughes, Principal-in-Charge
Resolution No. 2023-86
Exhibit "A"

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STAFF REPORT
July 19, 2023
File Number 0120-10

SUBJECT

REVIEW AND UPDATE OF CITY COUNCIL INTERAGENCY AND SUBCOMMITTEE ASSIGNMENTS

DEPARTMENT
City Clerk’s Office

RECOMMENDATION
Request the City Council ratify members to serve on the Mayor/Council boards and subcommittees per the attached listing.

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

BACKGROUND
Best practices require that the City Council regularly review and update the Council’s Interagency and Local Subcommittee lists of assigned representatives and alternates. Each Councilmember is also provided an opportunity at the close of each scheduled council meeting to report out to their colleagues and the public on information of interest coming out of the meetings of these agency bodies.

Attached is a list of current Council subcommittees and appointees (Attachment “1”) and the proposed appointment list (Attachment “2”). The only change is to have Deputy Mayor Garcia serve as Primary on the NCTD Board of Directors and Mayor White serve as the Alternate.

ATTACHMENTS

1. Current Council Interagency and Subcommittee Appointment List

2. Proposed Council Interagency and Subcommittee Appointment List 493
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COUNCIL REPRESENTATIVE STAFF

ESCONDIDO CREEK

WATERSHED
03 JOE GARCIA

CONSUELO MARTINEZ (ALTERNATE)

CHRIS MCKINNEY

CLEAN ENERGY CHRIS MCKINNEY

ALLIANCE
02 AIR POLLUTION CHRIS MCKINNEY

CONTROL
01 CHRISTIAN GARCIA

JOE GARCIA (ALTERNATE)

SEAN MCGLYNN LEAGUE OF CA
CITIES
04 DANE WHITE

JOE GARCIA (ALTERNATE)

NORTH COUNTY ANDREW FIRESTINE

TRANSIT DISTRICT
05 MIKE MORASCO

DANE WHITE (ALTERNATE)

REGIONAL SOLID CHRIS MCKINNEY
WASTE ASSOC.
06 07 SANDAG SEAN MCGLYNN

SD COUNTY WATER CHRIS MCKINNEY

AUTHORITY
08 CHRISTIAN GARCIA

DANE WHITE (ALTERNATE)

SAN DIEGUITO JOANNA AXELROD

RIVERPARK JPA
09 CONSUELO MARTINEZ

JOE GARCIA

CHRISTIAN GARCIA

DANE WHITE

MIKE MORASCO (ALTERNATE)

JOE GARCIA (SECOND ALTERNATE)

CONSUELO MARTINEZ

DANE WHITE (ALTERNATE)

INTERAGENCY APPOINTMENTS

CITY OF ESCONDIDO COUNCIL APPOINTMENTS
Attachment "1"
494
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CITY OF ESCONDIDO COUNCIL APPOINTMENTS

LOCAL SUBCOMMITTEES

COUNCIL REPRESENTATIVE STAFF

ECONOMIC

DEVELOPMENT
05 DANE WHITE

JOE GARCIA

JENNIFER SCHOENECK

DANE WHITE

CHRISTIAN GARCIA

DOWNTOWN ANDREW FIRESTINE

PARKING
04 CONSUELO MARTINEZ

JOE GARCIA
03 CCAE CHRIS MCKINNEY

CONSUELO MARTINEZ

DANE WHITE

BOARDS AND ZACK BECK

COMMISSIONS
01 CHRISTIAN GARCIA

MIKE MORASCO
09 UTILITIES CHRIS MCKINNEY

JOE GARCIA

CHRISTIAN GARCIA
08 SCHOOLS SEAN MCGLYNN

MIKE MORASCO

CHRISTIAN GARCIA
HOUSING ANDREW FIRESTINE 07

CONSUELO MARTINEZ

MIKE MORASCO
BUDGET CHRISTINA HOLMES 02
06 HOMELESSNESS DANE WHITE

JOE GARCIA

CHRISTOPHER MCKINNEY
Attachment "1"
495
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COUNCIL REPRESENTATIVE STAFF

ESCONDIDO CREEK

WATERSHED
03 JOE GARCIA

CONSUELO MARTINEZ (ALTERNATE)

CHRIS MCKINNEY

CLEAN ENERGY CHRIS MCKINNEY

ALLIANCE
02 AIR POLLUTION CHRIS MCKINNEY

CONTROL
01 CHRISTIAN GARCIA

JOE GARCIA (ALTERNATE)

SEAN MCGLYNN LEAGUE OF CA
CITIES
04 JOE GARCIA

DANE WHITE (ALTERNATE)

NORTH COUNTY ANDREW FIRESTINE

TRANSIT DISTRICT
05 MIKE MORASCO

DANE WHITE (ALTERNATE)

REGIONAL SOLID CHRIS MCKINNEY
WASTE ASSOC.
06 07 SANDAG SEAN MCGLYNN

SD COUNTY WATER CHRIS MCKINNEY

AUTHORITY
08 CHRISTIAN GARCIA

DANE WHITE (ALTERNATE)

SAN DIEGUITO JOANNA AXELROD

RIVERPARK JPA
09 CONSUELO MARTINEZ

JOE GARCIA

CHRISTIAN GARCIA

DANE WHITE

MIKE MORASCO (ALTERNATE)

JOE GARCIA (SECOND ALTERNATE)

CONSUELO MARTINEZ

DANE WHITE (ALTERNATE)

INTERAGENCY APPOINTMENTS

CITY OF ESCONDIDO COUNCIL APPOINTMENTS
Attachment "2"
496
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CITY OF ESCONDIDO COUNCIL APPOINTMENTS

LOCAL SUBCOMMITTEES

COUNCIL REPRESENTATIVE STAFF

ECONOMIC

DEVELOPMENT
05 DANE WHITE

JOE GARCIA

JENNIFER SCHOENECK

DANE WHITE

CHRISTIAN GARCIA

DOWNTOWN ANDREW FIRESTINE

PARKING
04 CONSUELO MARTINEZ

JOE GARCIA
03 CCAE CHRIS MCKINNEY

CONSUELO MARTINEZ

DANE WHITE

BOARDS AND ZACK BECK

COMMISSIONS
01 CHRISTIAN GARCIA

MIKE MORASCO
09 UTILITIES CHRIS MCKINNEY

JOE GARCIA

CHRISTIAN GARCIA
08 SCHOOLS SEAN MCGLYNN

MIKE MORASCO

CHRISTIAN GARCIA
HOUSING ANDREW FIRESTINE 07

CONSUELO MARTINEZ

MIKE MORASCO
BUDGET CHRISTINA HOLMES 02
06 HOMELESSNESS DANE WHITE

JOE GARCIA

CHRISTOPHER MCKINNEY
Attachment "2"
497
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STAFF REPORT
July 19, 2023
File Number 0810-20

SUBJECT

EAST VALLEY SPECIFIC PLAN
The East Valley Specific Plan area, shown in
the figure to the left, encompasses
approximately 191 acres centered around
East Valley Parkway, generally bounded by
the alley south of East Grand Avenue to the
south, South Hickory and South Fig streets to
the west, the Escondido Creek Flood Control
Channel to the north, and Harding Street to
the east.

DEPARTMENT
Development Services Department, Planning Division

RECOMMENDATION
Request the City Council establish the East Valley Specific Plan by adopting Resolution No. 2023-85, certifying the Program Environmental Impact Report prepared for the East Valley Specific Plan; and adopting Ordinance No. 2023-10, approving the East Valley Specific Plan and rezoning the East Valley Specific Plan area from General Commercial (CG), Hospital Professional (HP), and Commercial Professional (CP), to Specific Plan (S-P).

Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Adam Finestone, City Planner

FISCAL ANALYSIS
The EVSP provides a framework to enable private development in the East Valley in areas currently characterized by lower-density and lower-intensity commercial and residential uses. As redevelopment 498
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occurs over time, development impact fees will be collected to pay for public improvements necessary to serve the area. In addition, impacts directly attributed to the construction of a specific project or projects will be required to construct those improvements (or pay their fair-share contribution toward the cost of construction). These requirements are typical of all development throughout the City; however it is important to note that impact fees collected from projects in the EVSP area will stay in the area.

At the time of this writing, residential projects are required to fund the on-going operational cost of providing municipal services required for the project, through either an agreement to form or annex into a Community Facilities District or the establishment of another lawful funding mechanism reasonably accepted by the City. Any change in City Council policy related to funding of ongoing operational costs would be applicable to all future development in the EVSP area.

PREVIOUS ACTION
In 1998, Escondido voters approved Proposition S, which impacted the ability to increase residential densities throughout the City. In 2012, Escondido voters approved Proposition N, which amended the Escondido General Plan to include, among other things, a mixed-use overlay zone for the EVSP area allowing a minimum of 30 dwelling units per acre. In 2019, the City Council adopted Resolution No. 2019- 156, authorizing application for, and acceptance of, an SB 2 grant in the amount of $310,000 for preparation of a Housing and Community Investment Study, which consisted of a trio of documents including a residential sector feasibility study, the Sixth Cycle (2021 – 2029) Housing Element update, and the East Valley Specific Plan. In 2020, the City Council adopted Resolution No. 2020-62, authorizing application for, and acceptance of, a LEAP grant in the amount of $500,000 for preparation of, among other things, an Environmental Impact Report for the EVSP. On March 22, 2023, the City Council approved the Sixth Cycle (2021 – 2029) Housing Element Update which, among other outcomes, counted up to 2,185 dwelling units in the EVSP area to meet the City’s Sixth Cycle RHNA allocation for an eight-year planning period (April 2021 through April 2029).

BACKGROUND
Specific Plans – Purpose and Authority
A specific plan may be established through the authority granted to the City by California Government Code, Sections 65450 through 65457, as a means of systematically implementing the General Plan. A specific plan, through text and diagram(s), must identify the following:

1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.

2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential 499
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facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable; and

4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out items 1 through 3 above.

East Valley Parkway Target Area
The Land Use and Community Form chapter of the Escondido General Plan called out the area along East Valley Parkway from downtown Escondido to just east of Midway Drive, as the East Valley Parkway Target Area (“Target Area”), with the goal of revitalizing the area. The EVSP area encompasses the western half of the Target Area. The current General Plan Land Use designations applied to the EVSP area are General Commercial and Office, with a Mixed-Use Overlay for the EVSP area. The EVSP is intended to implement this Mixed-Use Overlay through the creation of a new Specific Plan.

EVSP Vision, Goals, and Policies
The EVSP was developed in collaboration with residents, local businesses, and property owners, in the EVSP area. The vision established through this collaborative effort is as follows:

The East Valley Specific Plan incorporates a dynamic mix of land uses, ensuring a variety of residential options, linked together through safe streets and a business corridor. The Plan creates an inviting atmosphere and quality of life with attractive public spaces and connected paths that leverage the Escondido Creek Trail and provide a unique and artistic identity that attracts local residents and North County Inland residents to live, shop, dine, and recreate.

The EVSP vision establishes an all-embracing mission for the Plan Area, with goals and policies acting as tangible steps or actions towards achieving the vision. The goals are broken out into the different topics or lenses in which to carry out the vision. Each goal is supported by policies that give the City measurable, implementable actions intended to help accomplish that goal. Goals and policies are provided for the following topics: Land Use, Sustainable and Equitable Development, Site and Building Design, Mobility, Parks and Public Realm, Economic Development, Public Services and Infrastructure. Additional detail related to the goals and policies can be found in the June 13, 2023, Planning Commission staff report, which is included as Attachment “1” to this report. The goals and polices themselves can be found within the EVSP, which is Exhibit “C” to Ordinance No. 2023-10. 500
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Land Use Plan
The Escondido General Plan provides a mixed-use overlay for the EVSP area, with a focus on residential growth. Historic development trends and existing land use allowances do not reflect this goal. Current zoning for the EVSP area accommodates commercial development along the East Valley Parkway and lower-intensity commercial and office uses along East Pennsylvania, East Ohio, and East Grand avenues.

Commercial uses continue to be a major focus along East Valley Parkway, however the demand for medical office uses is expected to continue to wane as a result of the closure of Palomar Health’s downtown hospital campus. Additionally, a significant amount of lower-density residential development exists along East Pennsylvania, East Ohio, and East Grand avenues, making those properties nonconforming with existing zoning.

A Land Use Plan (“LUP”) has been established for the EVSP, which acts as the policy framework for the development and use of land in the EVSP area. The overall goal of the LUP is to encourage new housing opportunities, improve economic vibrancy, and allow for flexibility in the use and implementation as East Valley changes over time, while preserving strongly utilized uses that exist today. Land use designations proposed in the EVSP are intended to implement the mixed-use overlay identified in the General Plan, as highlighted in the Vision for the EVSP. The LUP can is shown in the figure below.

The LUP is comprised of three land use
designations and one overlay zone, and
sets forth a transition of intensities
throughout the EVSP area. Consistent
with the effort to encourage and
accommodate residential growth, a vast
majority of properties in the EVSP allow
residential uses in some form. As shown
on the LUP, the majority of properties
along East Valley Parkway are
designated as Mixed Use, allowing a
variety of commercial uses along with
residential development at up to 80
dwelling units per acre. The goal here is
to create a more urban and vibrant
character with an enhanced public realm
through outdoor dining, public plazas,
and other amenities, and provide transitions to larger commercial properties to the east, and downtown to the west. Properties in the southern portion of the EVSP area (those generally along East Pennsylvania, East Ohio, and East Grand avenues), as well as those along Ash Street north of the flood control channel, are designated Urban IV/V, which allows multi-family residential development between 21 and 30 dwelling units per acre, consistent with the Urban IV and Urban V General Plan land use designations. 501
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A General Commercial land use designation is provided at the corner of East Valley Parkway and Ash Street, and on the southwest corner of East Valley Parkway and Harding Street. These properties would retain land use allowances highly similar to those allowed in the General Commercial zone, and have been designated as such in order to encourage more compact commercial footprints and create an activity node proximate to shopping, transit, and residences.

A Park Overlay Zone is also identified on the LUP, with the goal of providing up to 25 acres of parkland in the EVSP area. In addition to linear parks envisioned for residential alleys, the Park Overlay Zone has been applied to three areas. Two of those areas were strategically selected because they would create the greatest expansion of land, both inside and outside the EVSP area within ¼ mile of a park. The third was selected because it is a City-owned parcel. The figure below identifies the location of the Park Overlay Zone shown (aqua cross-hatching) in relation to other City parks, and includes a ¼ mile buffer around the Park Overlay Zone properties and City parks.

While the Park Overlay Zone is only shown
in the areas described above (totaling
approximately 25 acres), it should be noted
that parks are not precluded elsewhere in
the EVSP area, nor are properties in the
Park Overlay Zone restricted from being
developed exclusively with non-park uses.

Residential Land Uses
The EVSP includes innovative provisions
meant to encourage and facilitate highdensity development on Urban IV/V and Mixed-Use properties. Similar to the
Downtown Specific Plan, the EVSP contains a Density Transfer Program (“DTP”) in order to maintain the full residential build-out capacity of the EVSP area. The DTP would enable the City to transfer units from underutilized properties (sending areas) within the EVSP area to other properties in the EVSP area (receiving areas) to enable a developing property to increase its density beyond what current zoning would permit. The transferred density will be held in a density credit pool administered by the City.

The EVSP also establishes a Target Production Point (“TPP”) for each land use designation that allows for residential development. The TPP is a density within the density range for each designation that provides realistic site development capacities that are likely to yield smaller housing units at a higher density that become more affordable by design. The Urban IV/V land use designation has a density allowance that ranges from 21 – 30 dwelling units per acre. The TPP for the Urban IV/V designation is 25 dwelling units per acre. The Mixed Use land use designation has a density allowance that ranges from 30 – 80 dwelling units per acre. The TPP for the Mixed Use designation is 45 dwelling units per acre. 502
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To ensure that the EVSP achieves a build-out that accommodates RHNA, especially for lower- and moderate- income households, residential development would not be permitted below the TPP unless a fee in lieu is received for off-site production. The TPP in-lieu fee would be paid into an affordable housing trust fund and used (along with other local funding sources) to finance affordable housing developed offsite. Establishment of the trust fund was called out as a program in the recently-adopted Housing Element, and the City anticipates retaining a consultant to assist in this effort. The per-unit fee shall be deemed a comparable affordable unit contribution towards lower or moderate-income households, and would be due at the time of building permit issuance at a rate established by resolution of the City Council. The goal of the TPP is to encourage housing production at densities sufficient to achieve the City’s RHNA. An in-lieu fee is not required for residential development built at or above the TPP. As described later in this report, development standards applicable within the EVSP have been tailored to make achieving the TPP as easy as possible.

Commercial Land Uses
Commercial land uses are permitted in the General Commercial and Mixed-Use districts of the EVSP. For the most part, commercial land uses are modeled after those outlined in the Escondido Zoning Code or Downtown Specific Plan. Notable changes that were made include the following:
- Drive-thru restaurants would be prohibited in the Mixed-Use district. They would continue to require a Conditional Use Permit (“CUP”) in the General Commercial district. - Mini-storage/self-storage facilities are prohibited in all districts. - Firearms stores require a CUP in the Mixed-Use and General Commercial districts. They are not called out directly in the zoning code; instead, they are identified as part of sporting goods stores, which are permitted in General Commercial zones elsewhere in the City. (This change was made after consultation with the Police Chief.)
- Liquor stores are not permitted in any district. This is consistent with land use allowances in the Downtown Specific Plan.
- General vehicle repair would be prohibited in all districts. Limited vehicle repair would continue to be permitted in the General Commercial district through a minor CUP.

Existing businesses that would become nonconforming as a result of changes implemented by the EVSP would retain their legal status and be subject to the nonconforming use regulations contained in the Escondido Zoning Code.

Development Standards
As noted above, development standards within the EVSP have been crafted with the goal of enabling projects to achieve their TPP. Special attention was paid to the areas below to achieve an appropriate balance of site flexibility and residential amenities. As discussed later in this report, the Planning Commission spent a considerable amount of time over the past month grappling with issues related to 503
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open space, landscaping, setbacks, ground-floor land use requirements, and parking in order to achieve the appropriate balance. The information below is what is included in the final draft of the EVSP, and represents the Planning Commission’s recommendation. A table is provided later in this document showing changes made over the course of the Planning Commission’s review in order for them to arrive at their recommendation.

Open Space – It is recognized that open space provides a myriad of benefits, including those related to recreational opportunities, shade, public health, and others. The challenge exists, however, in the fact that land that is used for open space purposes on a lot reduces the land that is available for residential development. In order to achieve the type of residential densities envisioned in the EVSP, an open space requirement of 200 square feet per unit would be required. This number could be reduced to 125 square feet per unit for projects that achieve their TPP.

Landscaping – Aside from areas used for parking and access, any portion of a lot not occupied by a structure must be landscaped. Landscaping can consist of plants and vegetation, as well as decorative hardscape such as permeable pavers and stamped concrete. Similar to open space requirements, the amount of landscaping required on a project site can impact the buildable area. Depending on the land use district that a property is in, the amount of landscaping on-site ranges from 15% to 25% of the property. This is in addition to landscaping in the public right-of-way adjacent to a development site, where street trees, shrubs, and ground cover are required. Landscaping within setback areas does count toward the on-site requirement.

Setbacks – Setbacks represent the minimum horizontal distance between a lot line and the nearest part of any building or structure. The EVSP provides setback requirements of eight to 10 feet from a front, rear, and street-side property line, depending on which land use district it is in, five feet from an alley, and 10 to 20 feet along the Escondido Creek Trail. No setback is required along internal side yards aside from anything required by building and fire codes.

Ground-floor land uses - The EVSP provides for flexibility in uses, such that all properties in the Urban IV/V and Mixed-Use districts are permitted to have commercial or residential uses on the ground floor. While ground-floor residential uses may make sense today, it is important to consider the long-range vision of the EVSP when considering building design. As such, the following requirements have been put in place:

1. Retail-ready ground floor
a. Minimum interior height of 16 feet
b. Minimum depth (street-facing unit) of 25 feet or 25% of the building depth (whichever is greater)
c. Oversized storefront windows

2. Built to commercial building code standards
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It is important to note that this requirement only applies to properties in the Mixed-Use district, and is not applicable to those in the Urban IV/V district.

Parking – Smart Growth principles encourage pedestrian-oriented mixed-use neighborhoods. This would encourage a reduction in parking requirements due to a reduced reliance on personal automobiles. As such, parking requirements for commercial uses have been limited to an amount no greater than that typically required by the Escondido Zoning Code for the specified use, with the anticipation that nearby residents can walk or take other modes of transportation. Should a commercial user wish to provide additional parking, an administrative remedy has been built into the EVSP to allow for that relief.

The above stated, smart growth principles must be balanced with the reality of existing and anticipated conditions related to parking needs. In an environment where housing costs take up a larger share of residents’ income, there is a propensity for larger household sizes with more driving-age residents, and more vehicles per unit. As such, the residential parking requirement has been maintained at the same level in the EVSP as is required elsewhere in the city, as dictated by the zoning code.

ENVIRONMENTAL DETERMINATION
A draft Program Environmental Impact Report (“PEIR”) was prepared for the EVSP and identified potentially significant impacts to air quality, biological resources, cultural and tribal cultural resources, and noise. The environmental analysis concluded that mitigation for impacts to air quality, biological resources, and cultural and tribal cultural resources would reduce them to a less than significant level, however, impacts to noise would remain significant and unavoidable based on increases in traffic noise and unknown ground-borne vibration resulting from construction activities. The draft PEIR was made available for a 45-day public review period from March 30, 2023, through May 15, 2023, and two public comments were received.

A final PEIR has been prepared for the project and is included as Exhibit “B” to Resolution No. 2023-85.

The final PEIR consists of a summary of corrections and revisions made to the draft PEIR, comments received on the draft PEIR and the City’s responses to those comments, a Mitigation Monitoring and Reporting Program, and the revised draft PEIR showing revisions in strikeout/underline format. Pursuant to sections 15091 and 15093, respectively, of the State CEQA Guidelines, Findings of Fact (“Findings”) and a Statement of Overriding Considerations (“SOC”) have also been prepared, and are included as Exhibit “C” to Resolution No. 2023-85. An SOC is required when a jurisdiction has determined that there are “specific economic, legal, social, technological, or other considerations…[which] make infeasible the mitigation measures or project alternatives identified in the EIR.” In this case, potential mitigation measures necessary to reduce noise impacts to a less-than-significant level would render the project infeasible, and any alternative analyzed in the EIR would eliminate the ability of the EVSP to meet the goals identified in the document.
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PUBLIC OUTREACH AND ENGAGEMENT
Work on the EVSP began in 2020 as part of the larger Housing and Community Investment Study (“HCIS”) which included a Sector Feasibility Study, the Housing Element update, and the East Valley Specific Plan.

At that time, the City established a webpage for the program (https://www.escondido.org/hcis) to solicit input and provide updates on the status of all three HCIS documents. Additional early outreach efforts included virtual meetings on July 23 and October 7, 2020. Mailers were sent to property owners, residents, and business owners, in English and Spanish, ahead of the meetings, and translation services were available at the meetings. Mailers were also sent out to business owners in August of 2020 (English and Spanish) specifically related to an online business survey.

The first draft of the EVSP was posted on the HCIS webpage in March 2021, and information on the document was presented and discussed at public Planning Commission meetings on March 23, July 13, and October 21, of that year. Subsequent to those informational presentations, focus on the HCIS work program turned toward the Housing Element which had been adopted by the City Council but failed to achieve certification from HCD. Because the EVSP is intended to serve as the rezoning program to achieve compliance with housing element law and enable HCD to certify the City’s Housing Element, it was important that the EVSP be developed in conjunction with the Housing Element.

In March of this year, a revised draft of the EVSP was made available for public review concurrently with the draft PEIR described above. Public hearing notices were published in the Escondido Times Advocate and The Paper ahead of the June 13, and June 27, 2023, Planning Commission public hearings. Notices were also mailed to property owners, residents, and business owners ahead of the June 27, 2023, public hearing. Since that time, staff has received a combination of phone calls and emails from 15 individuals.

The written comments have been included as Attachment “5” to this report. Additionally, two people spoke at the June 27, 2023, public hearing.

Public hearing notices were published and mailed ahead of the July 19, 2023, City Council hearing in the same manner described above. As of this writing, no further comments have been received.

GENERAL PLAN CONFORMANCE
A General Plan conformance analysis was included in the June 13, 2023, Planning Commission staff report (Attachment “1”). That analysis identifies revisions which will need to be made to the General Plan for clarity as a result of approval of the EVSP. Those revisions will be made via subsequent actions and will be brought back before the City Council in the next few months. Note that adoption of the EVSP would not create inconsistencies with the General Plan, and that the future revisions to the General Plan are intended for clarity purposes.
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PLANNING COMMISSION CONSIDERATION
Starting on June 13, 2023, the Planning Commission held weekly meetings for four weeks to work through a number of issues and areas of concern in the EVSP. Staff reports from those meetings are included as Attachments “1” through “4” to this report. At the June 13, 2023, meeting, the Planning Commission held a public hearing where staff presented items of concern related to development standards, and sought input from the Commission. At a special meeting called for June 20, 2023, Planning Commissioners provided areas of concern related to land uses, development standards, and other aspects of the EVSP that they believed warranted consideration. On June 27, 2023, the Planning Commission held another public hearing, where they received information from staff and continued to work through potential revisions to the EVSP. At the conclusion of that meeting, all items of concern had been addressed with the exception of parking requirements for residential developments. As such, the Planning Commission called for another special meeting on July 6, 2023, where they were presented with a menu of options related to residential parking requirements, and incorporated the selected option into the final version of the EVSP. The document that is before you tonight represents the culmination of that effort.

In order to provide detail on the work done by the Planning Commission over the course of the past month, the table below describes the substantive changes that were made to the draft EVSP between the first Planning Commission hearing on the item (June 13, 2023) and the version before you for consideration. Non-substantive revisions (typographical errors, formatting, pagination, etc.) have been omitted from the table.

TOPIC REVISION(S)
Document approval Inserted City Council ordinance number to be used when EVSP is considered by City Council on July 19, 2023
Mobility Policies Revised Mobility Policy 2.2 to “encourage” rather than “require” internal pedestrian connections between properties
Map legend Removed “Preferred” prior to “Land Use Plan” Density Transfer
Process
Revised language related to density allowance to reference “underlying land use designation” instead of “current zoning”
Document horizon Revised two locations to identify the accurate 12-plus year horizon date for EVSP projections
Roadway classifications Added language to specify that classifications described in the EVSP are based on the current General Plan designations and are subject to change Parking requirements Removed maximum parking allowance and adjusted minimum requirements for residential uses to be consistent with requirements of the Escondido Zoning Code; combined certain residential land use categories; clarified nonresidential parking requirements to be maximum allowed; clarified references to Escondido Zoning Code; created allowance for modifications to requirements
Supplemental parking
standards
Provided additional language regarding reduction in vehicle emissions; simplified requirement for EV charging spaces by referencing California Building Code.
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Supplement parking
standards
Removed maximum bicycle and loading space columns; removed electric vehicle parking column; adjusted and provided limitations on minimum bicycle and loading space requirements; removed requirement for bicycle parking from units that have private garages
Parking Exceptions Removed Parking Exceptions section
Precedence of
development standards
Specified that development standards contained in the EVSP shall take precedence when conflicts exist between the EVSP and the municipal code Open space definitions Provided definitions for “public open space,” “common open spaces,” and “private open spaces”
Open space
development standards
Changed minimum open space requirement to 200 sf per unit; allowed reduction to 125 sf of open space per unit for projects that meet TPP; clarified requirements for “public,” “common,” and “private” open spaces.

Development standards
table
Revised Table 7-1 to reduce certain setbacks and landscaping requirements; allowed landscaping within setbacks to count toward the minimum landscape requirement; added information regarding locational dependence for building height in Urban IV/V district
Ground-floor commercial
requirements
Modified Figure 7-1 to eliminate the ground-floor commercial construction requirements from Grand Avenue and portions of Ash Street.

Land use allowance Modifications to Table 7-2: referenced Escondido Zoning Code for ADU development standards; changed second hand stores and thrift shops to prohibited uses in all districts; allowed consignment stores as conditional use in CG district; changed for-fee EV charging stations to permitted use (as primary use); clarified allowances for animal care, daycare, and boarding; allowed duplicating services in MU district; clarified educational use allowances; included publicly accessible open space on private property as private parks; increased restrictions on automotive services; changed firearms dealers and sporting goods stores which sell ammunition and firearms to conditional uses in CG and MU districts;
Accessory use
allowance
Changed car or bike sharing services to permitted uses; restricted fleet vehicle storage; modified allowances for wireless facilities Historic district Removed information regarding review of projects within the downtown historic district
Initial meetings Clarified that initial meetings are required prior to project submittal Minor projects Specified that review required for minor projects is design review; removed staff referral to historic preservation commission and planning commission; Major projects Clarified review process
Building permits Clarified process when building permits are required Historic district Removed Figure 8-1 Historic District Map Transportation fair share
contribution program
Created separate section for Transportation Fair Share Contribution Program Zoning Administrator Clarified Zoning Administrator’s role and authority At the end of its July 6, 2023, meeting, the Planning Commission voted unanimously to recommend that the City Council certify the PEIR, and approve the East Valley Specific Plan, as detailed in Resolution No. 2023-85 and Ordinance No. 2023-10, respectively.
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RESOLUTIONS
a. Resolution No. 2023-85
b. Resolution No. 2023-85 Exhibit “A”
c. Resolution No. 2023-85 Exhibit “B”
d. Resolution No. 2023-85 Exhibit “C”
e. Resolution No. 2023-85 Exhibit “D”

ORDINANCES
a. Ordinance No. 2023-10
b. Ordinance No. 2023-10 Exhibit “A”
c. Ordinance No. 2023-10 Exhibit “B”
d. Ordinance No. 2023-10 Exhibit “C”

ATTACHMENTS
a. Attachment “1” – June 13, 2023, Planning Commission staff report b. Attachment “2” – June 20, 2023, Planning Commission staff report c. Attachment “3” – June 17, 2023, Planning Commission staff report d. Attachment “4” – July 6, 2023, Planning Commission staff report e. Attachment “5” – Public comments
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RESOLUTION NO. 2023-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, CERTIFYING THE FINAL

PROGRAM ENVIRONMENTAL IMPACT REPORT (SCH
NO. 2021020263) AND ADOPTING FINDINGS OF FACT,

A STATEMENT OF OVERRIDING CONSIDERATIONS, AND

A MITIGATION MONITORING AND REPORTING

PROGRAM FOR THE EAST VALLEY SPECIFIC PLAN
WHEREAS, the City of Escondido (“Applicant”), filed a land use development application, Planning Case No. PHG20-0028 (“Application”) constituting a request to establish a new Specific Plan and Rezone the East Valley area (“Project” or “EVSP”), covering approximately 191 acres centered around East Valley Parkway, generally bounded by the alley south of East Grand Avenue to the south, South Hickory and South Fig streets to the west, the Escondido Creek Flood Control Channel to the north, and Harding Street to the east (“EVSP Area”); and
WHEREAS, the EVSP Area is depicted in Exhibit “A” which is attached hereto and made a part hereof by this reference as though fully set forth herein (“Property”); and WHEREAS, the Application was submitted to, and processed by, the Planning Division of the Development Services Department in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et seq.) and the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”); and
WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of California Code of Regulations, Section 15000 et. seq.), the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and
WHEREAS, pursuant to CEQA Guidelines section 15063, the City prepared an Initial Study, and determined that a Program Environmental Impact Report (“PEIR”) would be prepared to address potential 510
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direct and cumulative impacts associated with air quality, biological resources, cultural and tribal cultural resources, and noise; and
WHEREAS, in accordance with CEQA Guidelines section 15082, the City distributed a Notice of Preparation (“NOP”) of a PEIR to the State Clearinghouse, local and regional responsible agencies, and other interested parties on February 11, 2021, for a 30-day comment period, which ended on March 12, 2021; and
WHEREAS, the City prepared and circulated a Draft PEIR for the proposed Project for review and comment by the public, agencies, and organizations pursuant to the CEQA Guidelines by filing a Notice of Availability (“NOA”) of the Draft PEIR for review with the County Clerk of the County of San Diego. The NOA was also emailed to organizations and parties expressing interest in the Project on March 30, 2023, notifying the general public, public agencies, and interested individuals and organizations that a 45-day public review period would begin on March 30, 2023, and end on May 15, 2023. The NOA was also published in the Escondido Times Advocate and The Paper, and posted on the City’s website; and WHEREAS, on March 30, 2023, pursuant to CEQA Guidelines section 15085, the City filed a Notice of Completion of the Draft PEIR with the Office of Planning and Research through the State Clearinghouse (SCH No. 2021020263), circulating the Draft PEIR to State Agencies for review; and WHEREAS, during the 45-day public comment period of the Draft PEIR, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and others pursuant to State CEQA Guidelines sections 15086 and 15087; and WHEREAS, the City received comments concerning the Draft PEIR from public agencies and organizations, and pursuant to CEQA Guidelines section 15088, the City evaluated and prepared responses to all written comments on environmental issues received on the Draft PEIR; and 511
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WHEREAS, the City has determined that the comments received on the Draft PEIR did not contain any significant new information within the meaning of CEQA Guidelines section 15088.5 and, therefore, recirculation of the Draft PEIR is not required; and
WHEREAS, the City prepared a Final PEIR, which contains the information required by CEQA Guidelines section 15132, including the Draft PEIR; the technical appendices and referenced documents; revisions and additions to those documents; comments and recommendations received on the Draft PEIR; a list of persons, organizations, and agencies who commented on the Draft PEIR; and the City's responses to said comments; and
WHEREAS, as reflected in the Final PEIR, mitigation measures required under CEQA were developed to reduce the potential for adverse effects with respect to air quality, biological resources, cultural and Tribal Cultural Resources, and noise. In determining whether the proposed Project has a significant effect on the environment, the City has based its decision on substantial evidence and has complied with CEQA Sections 21081.5 and 21082.2 and CEQA Guidelines Section 15901(b). A Mitigation Monitoring and Reporting Program (“MMRP”) has been prepared for the proposed Project; and WHEREAS, the Final PEIR concludes that all potentially significant environmental impacts would be mitigated to less than significant levels, with the exception of noise impacts which would remain significant and unavoidable regardless of the application of mitigation measures contained in the MMRP; and
WHEREAS, on June 27, 2023, and as that meeting was continued, again on July 6, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider the certification of the Final PEIR during which it considered all factors relating to the PEIR and the Project, including additional evidence and public testimony from those wishing to be heard regarding certification of the Final PEIR; and
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WHEREAS, at the July 6, 2023, Planning Commission hearing, the Planning Commission, by a 7 – 0 vote, recommended that the City Council certify the Final PEIR; and WHEREAS, the City Council has independently and jointly reviewed and analyzed all environmental documentation comprising the Final PEIR, including the Draft PEIR and the revisions and additions thereto, the technical appendices and referenced documents, and the public comments and the responses thereto (collectively Exhibit “B” to this Resolution, on file with the Escondido Planning Division and incorporated herein by this reference as though fully set forth herein), and these documents reflect the independent judgment of the City Council and the City as the Lead Agency for the Project; and WHEREAS, pursuant to CEQA, before a project can be approved, which is determined to have significant and unmitigated effects, the public agency must consider and adopt a "Statement of Overriding Considerations" per CEQA Guidelines 15043 and 15093. The primary purpose of CEQA is to fully inform the public of the environmental effects of a proposed project and to include feasible mitigation measures and alternatives to reduce any such adverse effects below a level of significance. CEQA recognizes and authorizes the approval of projects where not all adverse impacts can be fully lessened or avoided. The Lead Agency must explain and justify its conclusions to approve such a project through a statement of overriding considerations setting forth the general public benefits that support the informed conclusion to approve the project; and
WHEREAS, pursuant to CEQA Guidelines section 15091 and 15097, the City of Escondido has prepared CEQA Findings of Fact and a Statement of Overriding Considerations, attached as Exhibit “C” hereto, and a Mitigation Monitoring and Reporting Program, attached as Exhibit “D” hereto.

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

1. That the above recitations are true.
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2. That the City Council has determined that the Final PEIR is complete and adequate, considers all potentially significant environmental impacts of the Project, and complies with all requirements of CEQA and the CEQA Guidelines.

3. That the Final PEIR concludes that all potentially significant impacts would be mitigated to less than significant levels with the exception of two noise-related impacts, which would remain significant and unavoidable. Specifically, the Project would result in excessive noise levels from permanent increase in vehicle noise, and unknown excessive ground-borne vibration during project construction.

4. That, for the reasons stated in the Final PEIR, the CEQA Findings of Fact, or as otherwise stated in the July 19, 2023, City Council staff report or through additional written and/or verbal testimony, the City Council certifies the Final PEIR and adopts the CEQA Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program.

5. That the City Council hereby directs the Director of Development Services to file a Notice of Determination with the San Diego County Clerk.
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Resolution No. 2023-85
Exhibit "A"

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EXHIBIT “B”
Final Program Environmental Impact Report
Resolution No. 2023-85
Due to the number of pages of Exhibit “B,” the following link has been provided to review the documents electronically on the City’s web site:
https://www.escondido.org/hcis#EVSP%20EIR
Resolution No. 2023-85
Exhibit "B"

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CEQA Findings of Fact and
Statement of Overriding
Considerations
East Valley Specific Plan
State Clearinghouse No. 2021020263
June 2023
Prepared for:

City of Escondido, Planning Division
201 North Broadway
Escondido, California 92025
(760) 839-6203
Adam Finestone
Prepared by:
600 B Street, Suite 2000
San Diego, California 92101
(619) 481-5020
Diane Sandman, AICP
Resolution No. 2023-85
Exhibit "C"

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Resolution No. 2023-85
Exhibit "C"

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CEQA Findings of Fact and Statement of Overriding Considerations Final PEIR i June 2023
East Valley Specific Plan
Table of Contents
Introduction...............................................................................................................................1 Section 1 Project Description...............................................................................................3

1.1 Project Location .............................................................................................3

1.2 Project Objectives ..........................................................................................3

1.3 Project Components.......................................................................................3

1.3.1 East Valley Specific Plan Density Transfer Program...........................4

1.3.2 Land Use............................................................................................4

1.3.3 Parks and Public Realm .....................................................................5

1.3.4 Mobility ...............................................................................................7

1.3.5 Public Services and Infrastructure ......................................................9

1.3.6 Development Standards and Design Guidelines.................................9

1.3.7 Development Potential......................................................................10 Section 2 Environmental Procedures ................................................................................11

2.1 Lead Agency ................................................................................................11

2.2 Environmental Impact Report.......................................................................11

2.3 Public Participation.......................................................................................11

2.4 Record of Proceedings.................................................................................11 Section 3 Findings Under CEQA ........................................................................................13

3.1 Purpose .......................................................................................................13

3.2 Terminology .................................................................................................13

3.3 Legal Effect..................................................................................................15

3.4 Mitigation Monitoring and Reporting Program ..............................................15

3.5 Certification of the Final PEIR ......................................................................15 Section 4 Findings Regarding Direct, Indirect, or Cumulative Significant or Potentially Significant Effects............................................................................17

4.1 Air Quality ....................................................................................................17

4.1.1 Threshold 3: Sensitive Receptors .....................................................17

4.2 Biological Resources....................................................................................18

4.2.1 Threshold 1: Candidate, Sensitive, or Special-Status Species..........18

4.2.2 Threshold 2: Riparian Habitat or Other Sensitive
Natural Communities ........................................................................19

4.2.3 Threshold 3: Wetlands......................................................................19

4.2.4 Threshold 4: Native Resident or Migratory Fish or Wildlife Species ..20

4.3 Cultural and Tribal Cultural Resources.........................................................20

4.3.1 Threshold 1: Historic Built Environmental Resources........................20

4.3.2 Threshold 2: Archaeological Resources............................................21 Resolution No. 2023-85
Exhibit "C"

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CEQA Findings of Fact and Statement of Overriding Considerations Final PEIR ii June 2023
East Valley Specific Plan

4.3.3 Threshold 3: Human Remains ..........................................................23

4.3.4 Threshold 4: Tribal Cultural Resources.............................................24

4.4 Noise............................................................................................................25

4.4.1 Threshold 1: Exceedance of Noise Standards ..................................25

4.4.2 Threshold 2: Excessive Groundborne Vibration or Noise..................26

4.4.3 Cumulatively Considerable Exceedance of Noise Standards............27

4.4.4 Cumulatively Considerable Excessive Groundborne Vibration or Noise............................................................................................27 Section 5 Findings Regarding Project Alternatives ..........................................................29 Section 6 Statement of Overriding Considerations ..........................................................37 Section 7 References ..........................................................................................................39 Tables
Table 1. East Valley Specific Plan Land Use Designations .........................................................5 Table 2. Development Standards................................................................................................9 Table 3. East Valley Specific Plan Development Potential by Land Use Type...........................10 Table 5. Comparison of Development Capacity of Reduced Retail/Office Alternative and East Valley Specific Plan.......................................................................................................34 Attachments
Attachment 1. Mitigation Monitoring and Reporting Program Resolution No. 2023-85
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CEQA Findings of Fact and Statement of Overriding Considerations Final PEIR 1 June 2023
East Valley Specific Plan
Introduction
The City of Escondido (City) hereby makes the following Findings concerning the Final Program Environmental Impact Report (Final PEIR) (State Clearinghouse No. 2021020263) for the proposed East Valley Specific Plan (Project or EVSP), pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code section 21000 et seq.) and its implementing regulations, the CEQA Guidelines (CEQA Guidelines section 15000 et seq.).

The Final PEIR prepared for the Project consists of a summary of corrections and revisions made to the Draft PEIR, comments received on the Draft PEIR and the City’s responses to those comments, a Mitigation Monitoring and Reporting Program, and the revised Draft PEIR showing revisions in strikeout/underline format.

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Section 1 Project Description

1.1 Project Location
The City of Escondido (City) is in northern County of San Diego (County), approximately 30 miles north of Downtown San Diego and 18 miles east of the Pacific Ocean. The City is situated in a natural valley at approximately 615 feet above mean sea level and surrounded by rolling hills and rugged terrain ranging up to 4,200 above mean sea level. The City is bounded to the north by the unincorporated County communities of Valley Center and Hidden Meadows, to the west by the City of San Marcos, to the south by Lake Hodges Reservoir and the City of San Diego, and to the east by unincorporated County. Interstate 15 bisects the City in a north–south direction, and State Route 78 transitions from freeway to surface streets in an east–west direction through the City.

The East Valley Specific Plan Area (EVSP Area) is approximately 191 acres in central Escondido, immediately adjacent to and east of downtown, and is generally bounded by Escondido Creek to the north, Harding Street to the east, East Grand Avenue and East 2nd Avenue to the south, and North Hickory, South Hickory, and North Fig Streets to the west. The EVSP Area is adjacent to a variety of neighborhoods: Downtown Escondido to the west, residential neighborhoods to the north and south, and large commercial shopping centers to the east. The Escondido Transit Center is an approximately 20-minute walk southwest of the EVSP Area, and multiple transit stops exist throughout the EVSP Area.

1.2 Project Objectives
The City’s objectives for the Project are as follows:

1. Create a self-contained land use pattern that offers a mix of compatible lands uses and quality landscaped community spaces.

2. Enhance the quality of the City’s housing stock that is environmentally mindful and equitable while preserving the physical character and pride of the EVSP Area.

3. Provide a range of housing opportunities for all income groups and households that seamlessly supports all right-of-way users.

4. Plan both public and private development to provide safe vehicular circulation connected to safe multimodal transportation with reliable and timely transit options.

5. Provide for robust economic activity within the EVSP Area.

1.3 Project Components
The overall purpose of the EVSP is to guide redevelopment of the underutilized residential and commercial land of low-intensity general retail, office, restaurants, and small-scale service businesses into a new neighborhood with a mix of residential, commercial, public, and open space uses. It would accommodate increased housing density and other transit-supportive uses and Resolution No. 2023-85
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CEQA Findings of Fact and Statement of Overriding Considerations Final PEIR 4 June 2023
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improvements. The additional units needed to meet the City’s Regional Housing Needs Allocation, as established in the Housing Element, would be accomplished through land use designation changes and rezoning in the EVSP Area.

The EVSP would propose goals, policies, design standards, and implementation strategies to guide private development and public investment through 2035. The EVSP would incorporate a dynamic mix of land uses, ensuring a variety of residential options, linked together through safe streets and a business corridor. The EVSP would address the following topics: EVSP Density Transfer Program, land use, parks and public realm, mobility, public services and infrastructure, and development standards and design guidelines.

1.3.1 East Valley Specific Plan Density Transfer Program The purpose of the EVSP Density Transfer Program is to enable the City to transfer densities from undeveloped or underutilized properties in the EVSP Area (sending areas) to other properties in the EVSP Area (receiving areas) to enable a developing property to increase its density beyond what current zoning would permit. The transferred density would be held in a density credit pool.

Allocation of the density from the pool would only occur when developing properties request additional density beyond that permitted by current zoning. The request for an increase in units would require Escondido City Council approval of a Planned Development Permit.

1.3.2 Land Use
The Project would involve the redesignation and rezoning of most of the 191-acre EVSP Area (127 acres excluding rights-of-way) from existing commercial and office uses to mixed-use and highdensity residential uses to encourage new housing opportunities, improve economic vibrancy, and allow for flexibility in use and implementation as the EVSP Area changes over time. The proposed land use plan would focus on maintaining many of the existing uses while clustering them in different areas to create a more cohesive pattern and design. The proposed land use plan also would incorporate a dynamic mix of land uses, ensuring a variety of residential options, linked together through safe streets and a business corridor. Targeted areas for General Commercial and Mixed-Use would be along both sides of East Valley Parkway, urban residential areas would be north and south of the mixed-use corridor, and a Park Overlay Zone would be placed in areas best suited for a park, as well as along residential alleyways to create alley linear parks. Table 1, East Valley Specific Plan Land Use Designations, provides a summary of the proposed land use designations, permitted densities in those designations, and a description of the uses in the EVSP Area.

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Table 1. East Valley Specific Plan Land Use Designations Land Use
Designation
Applicable
Zoning Description Density TPP Approximate Yield
Urban IV/V E-U-5 Multi-family residential units,
townhomes, apartments, flats,
and condominiums. 15,000 sf/ac
retail and office uses are
permitted.
21–30 du/ac 25 du/ac 1,495 du; 453,789 sf of
commercial (retail/office/
medical office)
General
Commercial
EVSP-CG Local-serving commercial,
automobile service,
eating/drinking establishments,
and entertainment facilities.

1.0 FAR 0.5 FAR 0 du, 59,014 sf of
commercial
Mixed-Use EVSP-MU Vertical or horizontal mixed-use,
multi-family residential units,
appropriate along major
thoroughfares, proximate to
shopping centers,
entertainment, community
facilities, and employment
opportunities.

1.5–3.0 FAR
30–80 du/ac
45 du/ac 4,669 du; 703,338 sf of
commercial (retail/office/
medical office)
Park Overlay
Zone
EVSP-POZ Active and passive parks and
land to protect, maintain, and
enhance the community’s
natural resources, includes
detention basins and creek
corridors. Development impact
fees contribute to park space in
these areas.

NA NA The EVSP Land Use Plan
allows for up to 25 acres
of parkland and open
space; however, it is
estimated that only
approximately 10 acres of
parkland and open space
would occur.

Source: City of Escondido 2023.

Notes: du = dwelling units; du/ac = dwelling units per acre; FAR = floor area ratio; ac = acres; NA = not applicable; sf = square feet; sf/ac = square feet per acre; TPP = target production point Target production point is the midpoint of the density range that estimates realistic site development capacities that are likely to yield smaller housing units at a higher density that is more affordable by design. To ensure that the EVSP achieves a buildout that accommodates the Regional Housing Needs Allocation, especially for households with lower and moderate incomes, no residential permit shall be issued on any property with a unit yield that is lower than the target production point density yield unless an in-lieu fee is received for on-site production.

1.3.3 Parks and Public Realm
The EVSP would include a comprehensive and interconnected parkland network to provide a variety of active and passive recreational opportunities for community members and visitors of all ages that would enhance the overall quality of life and community health and wellness.

Implementation of the EVSP would allow up to 25 acres of park; however, only approximately 10 acres of parkland and open space is anticipated in the EVSP Area, which would help the City reach its parks and open space projections. The EVSP would establish a Park Overlay Zone intended to integrate public parkland and outdoor spaces within proximity to schools, transit, trails, and activity nodes. The Park Overlay Zone would act as a recommended, or priority, area for parks and public spaces in the EVSP Area. The placement of the Park Overlay Zone would also broaden Resolution No. 2023-85
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the geographic area within 0.25 mile (or a 5-minute walk) of a park. The function and amenities of a park area would depend on the needs of the surrounding community and the size of the proposed park or public space. Chapter 4.0, Parks and Public Realm, of the EVSP would include the incorporation of pocket parks, neighborhood parks, linear parks, public outdoor spaces, and public rights-of-way in the Park Overlay Zone. The EVSP would include policies regarding the creation of new park facilities and proposed recreational amenities. To achieve this plan, the EVSP would propose the following five key elements:
• Pocket Parks. Pocket parks are small outdoor spaces, no more than one acre, that are best suited in urban areas surrounded by a mix of uses that lack places for people to recreate. Pocket parks are intended to provide a safe and inviting environment for surrounding community members. Pocket parks in the EVSP Area would serve nearby families, employees, shoppers, and visitors. With the surrounding community in mind, pocket parks would provide amenities best suited for its future users. • Neighborhood Parks. Neighborhood parks serve as the foundation for the urban parkland network in Escondido. Neighborhood parks are characterized as parks over three acres and may offer both active and passive recreational options. Active recreational uses include but are not limited to soccer fields, baseball and softball diamonds, tracks, skate parks, dog parks, pump tracks, and hardcourt areas. Passive recreational uses include but are not limited to walking, hiking, cycling, and picnicking. • Linear Parks. Linear parks are longer than they are wide and typically follow a linear object, such as rail lines, utility easements, waterfronts, creeks, and alleys. Linear parks can be as short as one block or as long as several miles and typically serve as outdoor areas for physical activities and boost alternative transportation. • Public Outdoor Spaces. Public outdoor spaces provide varying sizes of human-made open space that can be used for a variety of uses, such as sitting, dining, socializing, and recreating and as venues for arts and entertainment. The public outdoor spaces are best suited in areas surrounded by or adjacent to commercial and/or office uses to allow for outdoor dining and other commercial opportunities to use and attract users to the space.

Public outdoor spaces may include plazas, parklets, recreational facilities, and dog parks. • Public Rights-of-Way: Public rights-of-way include streets, sidewalks, bikeways, and trails. These spaces act as the physical linkages to and from parkland, residences, and other destinations. Public rights-of-way should provide shade trees, generous sidewalks, street furniture, public art, and spaces for people to sit. Public rights-of-way also encourage active transportation and would support the compact, walkable design envisioned in the EVSP.

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1.3.4 Mobility
Chapter 5.0, Mobility, of the EVSP would promote strong mobility connections throughout the EVSP Area, especially from the Escondido Creek Trail and adjacent neighborhoods to the commercial corridor along East Valley Parkway. The EVSP roadway network would consist of current roadways in the EVSP Area. No new roadways are proposed; however, one roadway is proposed to be reclassified to accommodate increased traffic volumes and pedestrian and bicycle improvements. Specifically Centre City Parkway between El Norte Parkway and State Route 78 would be reclassified to a six-lane super major.

Th EVSP would include four roadway classifications: Four-Lane Major Road, Four-Lane Collector Street, 2-Lane Local Collector Street, and Local Street (remaining streets in the EVSP Area not outlined). Alleys would also be included to establish a service corridor and to incorporate green infrastructure that would improve stormwater drainage.

Chapter 5.0 of the EVSP describes future bicycle networks and pedestrian facilities. Public transit would also be an important component of the EVSP mobility network, providing access to both local and regional destinations. The City is served by the Metropolitan Transit System (MTS) and North County Transit District (NCTD). In addition, the EVSP would include Transportation Demand Management (TDM) measures and parking standards for both vehicles and bicycles.

1.3.4.1 Transportation Fair Share Contribution Program
New development facilitated by the Project would increase traffic volumes in the EVSP Area. A Level of Service Analysis was prepared in the Transportation Analysis (PEIR Appendix G) to determine the future mobility needs of the EVSP Area. Based on this analysis, the Project has incorporated a Transportation Fair Share Contribution Program that the City has committed to in order to address the potential roadway deficiencies that may result from the Project. For each location identified, the percentage of the EVSP buildout that could be built before the improvement is triggered has been calculated. When specific developments are proposed in the EVSP Area, the average daily trips (ADT) would be determined and the development’s “fair-share” contribution to the overall improvements would be calculated. The Transportation Fair Share Contribution Program includes the following improvements:

1. Mission Avenue between Broadway and Hickory Street. At 80,553 ADT, a dedicated eastbound right-turn lane shall be provided at the Mission Avenue and Broadway intersection, and the Mission Avenue and Hickory Street intersection shall be signalized. In addition, Transportation System Management measures shall be implemented along Mission Avenue between Broadway and Hickory Street, including adjustments to the signal timings, offsets, detection, and other parameters, to improve intersection performance along the study corridor.

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2. Broadway between Lincoln Avenue and Mission Avenue. At 25,290 ADT, a dedicated southbound right-turn lane shall be provided at the Mission Avenue and Broadway intersection. In addition, Transportation System Management measures shall be implemented along Broadway between Lincoln and Mission Avenue, including adjustments to the signal timings, offsets, detection, and other parameters, to improve intersection performance along the study corridor.

3. Ash Street/San Pasqual Valley Road between Grand Avenue and 2nd Avenue. At 75,869 ADT, a two-lane roundabout shall be constructed at the San Pasqual Valley Road and 2nd Avenue intersection. In addition, Transportation System Management measures shall be implemented along Ash Street/San Pasqual Valley Road between Grand Avenue and 2nd Avenue, including adjustments to the signal timings, offsets, detection, and other parameters, to improve intersection performance along the study corridor.

4. Centre City Parkway between El Norte Parkway and State Route 78. At 46,833 ADT, an eastbound right-turn overlap phase and prohibition of the northbound U-turn movement shall be provided at the El Norte Parkway and Centre City Parkway intersection. This intersection already operates at level of service (LOS) F. Incremental increases in ADT would exacerbate this condition. A development’s fair-share contribution would be considered as a mechanism to help fund this improvement.

5. El Norte Parkway/Broadway. At 84,299 ADT, a dedicated southbound right-turn lane and a dedicated northbound right-turn lane shall be provided at the El Norte Parkway and Broadway intersection.

6. Lincoln Parkway/Broadway. At 84,299 ADT, a southbound right-turn overlap phase shall be provided at the Lincoln Parkway and Broadway intersection, which would preclude the eastbound U-turn movements.

7. Mission Avenue and Broadway Intersection. At 9,367 ADT, a dedicated eastbound right-turn lane shall be provided at the Mission Avenue and Broadway Intersection.

8. Mission Avenue and Hickory Street Intersection. At 9,367 ADT, the Mission Avenue and Hickory Street intersection shall be signalized.

9. Mission Avenue and Harding Street Intersection. At 100 ADT, the Mission Avenue and Harding Street intersection shall be signalized.

10. Washington Avenue and Juniper Street Intersection. At 100 ADT, the Washington Avenue and Juniper Street intersection shall be signalized.

11. Washington Avenue/Ash Street. At 74,933 ADT, the signal timing shall be modified, the pedestrian phase on the eastbound through movement shall be removed, and the green time from the eastbound through phase to the westbound left-turn phase shall be transferred at the Washington Avenue and Ash Street intersection.

12. Valley Parkway and Rose Street Intersection. At 18,733 ADT, a dedicated westbound right-turn lane shall be provided at the Valley Parkway and Rose Street intersection.

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1.3.5 Public Services and Infrastructure
Chapter 6.0, Public Services and Infrastructure, of the EVSP outlines the community facilities needed to ensure that high-quality services and infrastructure are provided to accommodate projected growth in the EVSP Area. In addition, this chapter identifies thresholds and targets to maintain adequate levels of public services and safety as growth occurs.

1.3.6 Development Standards and Design Guidelines
Chapter 7.0, Development Standards and Design Guidelines, of the EVSP is intended to help achieve the vision for the EVSP through setting standards and guidelines for future development.

This chapter complements other Citywide guidance, such as the Escondido Municipal Code, which provides regulations for a variety of design topics, including setbacks, landscaping, and parking.

Table 2, Development Standards, provides development standards and guidelines that are intended to supplement the Escondido Municipal Code’s provisions with more specific guidance on how to achieve the unique vision for the EVSP Area. The design guidelines and standards would apply to future public improvements and private development in the EVSP Area, addressing the design of both new buildings and renovations to existing structures.

Table 2. Development Standards
Development Standard
Land Use/Area
Urban IV/V Mixed-Use
General
Commercial
Escondido Creek
Trail
Setback: The minimum
horizontal distance between a lot
line and the nearest part of any
building or structure on the lot.

Front: 8 feet
Rear: 8 feet
Alley: 5 feet
Side Internal: 0 feet
Side Street: 8 feet
Front: 8 feet
Rear: 8 feet
Alley: 5 feet
Side Internal: 0 feet
Side Street: 8 feet
Front: 15 feet
Rear: 10 feet
Side Internal: 0 feet
Side Street: 10 feet
Creekside building
or structure: 20
feet
Creekside wall or
fence: 10 feet
Landscaped Area: The
percentage of the total lot area
covered by landscaping.
25% minimum 20% minimum 15% minimum —
Building Placement: The
massing and location of
structures on individual parcels.
— — — Buildings shall be
designed with dual
orientation to
provide access
and a public face
to both the
Escondido Creek
frontage and side
frontages
Building Height: The vertical
distance measured from the
average level of the highest and
lowest point of that portion of the
lot covered by the building or
structure to the top of the
building or structure.
55-foot maximum 75-foot maximum 75-foot maximum 75-foot maximum Resolution No. 2023-85
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1.3.7 Development Potential
The development potential of the EVSP Area in Table 3, East Valley Specific Plan Development Potential by Land Use Type, estimates the potential growth by land use type through 2035. Table 3 also shows the difference between what is planned to be the EVSP buildout and the existing (2020) conditions. These assumptions are broad, planning-level estimates for potential future development based on the heights, intensities, and land uses that would be in the EVSP. The ultimate development potential is influenced by the Density Transfer Program.

Table 3. East Valley Specific Plan Development Potential by Land Use Type Land Use Type 2035 EVSP Buildout Existing Conditions (2020) Difference Residential 6,164 du 581 du 5,583 du
Multi-Family Residential 5,516 du 324 du 5,192 du
Office 657,786 sf 637,053 sf +20,733 sf
Retail 1,025,801 sf 624,501 sf +401,300 sf
Parks 25 acres 0 acre +25 acres1
Community Services 123,084 sf 4,900 sf +118,184 sf
Source: City of Escondido 2023.

Notes: du = dwelling units; EVSP = East Valley Specific Plan; sf = square feet 1 The EVSP Land Use Plan allows for up to 25 acres of parkland and open space; however, it is estimated that only approximately 10 acres of parkland and open space would occur.

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Section 2 Environmental Procedures

2.1 Lead Agency
Pursuant to CEQA Guidelines section 15367, the City is the lead agency for preparing the environmental review required by CEQA. The environmental review prepared by the City will be used by the City Council regarding its decisions to certify the PEIR and approve the Project.

2.2 Environmental Impact Report
Pursuant to CEQA Guidelines section 15080 et seq., the City prepared a PEIR to analyze the potential impacts of the Project on the environment. The Final PEIR contains the information required by CEQA Guidelines section 15132, including the Draft PEIR and the appendices to the Draft PEIR.

2.3 Public Participation
Environmental review of the Project began on February 11, 2021, with the publication of the Notice of Preparation of the PEIR and a minimum 30-day public review period. The City held a public scoping meeting on March 2, 2021. The Notice of Preparation public comment period ended on March 12, 2021. The Draft PEIR was completed, and the Notice of Availability for public review was posted on March 30, 2023. A 45-day public review period for the Draft PEIR began on March 30, 2023, and ended on May 15, 2023. Two comment letters were received.

These comments and the City’s responses to them are included in the Final PEIR as required by CEQA Guidelines sections 15088 and 15132. The Final PEIR, including revisions to the Draft PEIR in strikeout/underline format and the City’s responses to comments, is complete. A public hearing concerning the certification of the Final PEIR will be held by City Council on July 19, 2023, at which time interested agencies, organizations, and individuals will be given an opportunity to comment on the Final PEIR and the Project.

2.4 Record of Proceedings
For the purposes of CEQA and the Findings, as follows, the administrative record of the City’s decision concerning certification of the Final PEIR for the Project includes the following:
• Draft PEIR (March 2023)
• Final PEIR(June 2023)
• Appendices to the Draft PEIR and the Final PEIR
• All documents and other materials listed as references or incorporated by reference in the Draft PEIR and Final PEIR, including but not limited to the materials identified in the Chapter 8, References, of the Draft PEIR
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• All reports, applications, memoranda, maps, letters, and other documents prepared by the City’s staff and consultants for the Project, which are before the City Council as determined by the County Clerk
• All notices issued by the City to comply with CEQA, the CEQA Guidelines, or any other law governing the processing and approval of the Project • Mitigation Monitoring and Reporting Program for the Project • All documents or other materials submitted by interested people and public agencies in connection with the Draft PEIR and the Final PEIR
• Minutes, recordings, and verbatim transcripts, if any, of the public hearing(s) concerning the Final PEIR and the Project
• All Findings and resolutions adopted by City Council in connection with the Project (including these Findings) and all documents cited or referred to therein • Any documentary or other evidence submitted to the City at information sessions, public meetings, and public hearings concerning the Final PEIR and the Project • Any other materials required to be in the record of proceedings by California Public Resources Code section 21167.6(e)
• Any other written materials relevant to the City’s compliance with CEQA and its decision on the merits of the Project, including documents that have been released for public review and copies of reports, studies, or other documents relied on in any environmental documentation for the Project and either made available to the public during the public comment period or included in the City’s files The custodian of the documents and other materials composing the administrative record of the City’s decision concerning certification of the Final PEIR is the City Clerk. The location of the administrative record is City of Escondido, 201 North Broadway Escondido, California 92025 (California Public Resources Code section 21081.6(a)(2)).

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Section 3 Findings Under CEQA

3.1 Purpose
California Public Resources Code section 21002 states that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects.” The same section states that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects.” Section 21002 also states that “in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects.” California Public Resources Code section 21002 is implemented, in part, through the requirement that agencies adopt written Findings before approving projects (California Public Resources Code section 21081; CEQA Guidelines section 15091). Specifically, CEQA requires the City to make written Findings of Fact for each significant environmental impact identified in the Final PEIR (CEQA Guidelines sections 15091, 21081).

In accordance with CEQA, the purpose of the Findings is to systematically restate the significant effects of the Project on the environment and to determine the feasibility of mitigation measures and alternatives identified in the Final PEIR that would avoid or substantially lessen the significant effects. These Findings set forth the reasons and evidence in support of the City’s determinations.

3.2 Terminology
A “Finding” is a written statement made by the City that explains how the City dealt with each significant impact and alternative identified in the Final PEIR. Each Finding contains a conclusion regarding each significant impact, substantial evidence supporting the conclusion, and an explanation of how the substantial evidence supports the conclusion.

For each significant effect identified in the Final PEIR, the City is required by CEQA Guidelines section 15091(a) to make a written Finding reaching one or more of the following conclusions:

1. Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

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A mitigation measure or an alternative is considered “feasible” if it is capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors (California Public Resources Code section 21061.1; CEQA Guidelines section 15364; see also Citizens of Goleta Valley v.

Board of Supervisors (Goleta II) (1990) 52 Cal.3d 553, 565). The concept of “feasibility” also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417). “Feasibility under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors” (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715).

CEQA also requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. The CEQA Guidelines do not define the difference between “avoiding” a significant environmental effect and “substantially lessening” such an effect. Therefore, the City must glean the meaning of these terms from other contexts in which the terms are used. California Public Resources Code section 21081, on which CEQA Guidelines section 15091, is based, uses the term “mitigate” rather than “substantially lessen.” Therefore, the CEQA Guidelines equate “mitigating” with “substantially lessening.” Such an understanding of the statutory term is consistent with the policies underlying CEQA, which include the policy that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects” (California Public Resources Code section 21002). For the purposes of these Findings, the term “avoid” refers to the effectiveness of one or more mitigation measures to reduce an otherwise significant effect to a less than significant level.

With respect to a project for which significant impacts are not avoided or substantially lessened either through the adoption of feasible mitigation measures or a feasible alternative, a public agency, after adopting proper Findings, may nevertheless approve the project if the agency adopts a Statement of Overriding Considerations setting forth the specific reasons why the agency found that the project’s benefits rendered acceptable its unavoidable adverse environmental effects (CEQA Guidelines sections 15093 and 15043(b); California Public Resources Code section 21081(b)). The California Supreme Court has stated that “the wisdom of approving . . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced” (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 576).

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A Statement of Overriding Considerations is required for the approved Project because, despite implementation of all feasible mitigation measures, the Project as approved would have significant impacts on noise that could not be avoided or reduced to a less than significant level.

3.3 Legal Effect
To the extent these Findings conclude that mitigation measures identified in the Final PEIR are feasible and have not been modified, superseded, or withdrawn, the City hereby binds itself and any other responsible parties to implement these mitigation measures. These Findings are not merely informational but constitute a binding set of obligations for the City and responsible parties, which will take effect if and when the City adopts a resolution certifying the Final PEIR and the City adopts resolutions approving the Project.

3.4 Mitigation Monitoring and Reporting Program
In adopting these Findings, the City also adopts a Mitigation Monitoring and Reporting Program pursuant to California Public Resources Code section 21081.6 and CEQA Guidelines section 15097. This program is designed to ensure that the Project complies with the feasible mitigation measures identified below during implementation of the Project. The program is set forth in the East Valley Specific Plan Mitigation Monitoring and Reporting Program, which is adopted by the City concurrently with these Findings, incorporated herein by reference, and included as Attachment 1 to these Findings.

3.5 Certification of the Final PEIR
Pursuant to CEQA Guidelines section 15090, the City further finds and certifies that:
• The Final PEIR has been completed in compliance with CEQA. • The Final PEIR has been presented to the City Council, which constitutes the decisionmaking body of the lead agency, and the City Council has reviewed and considered the information contained in the Final PEIR before approving the Project. • The Final PEIR reflects the City’s independent judgment and analysis.

Resolution No. 2023-85
Exhibit "C"

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CEQA Findings of Fact and Statement of Overriding Considerations Final PEIR 16 June 2023
East Valley Specific Plan
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Resolution No. 2023-85
Exhibit "C"

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CEQA Findings of Fact and Statement of Overriding Considerations Final PEIR 17 June 2023
East Valley Specific Plan
Section 4 Findings Regarding Direct, Indirect, or Cumulative Significant or Potentially Significant Effects
The Project would result in direct and indirect significant and potentially significant environmental effects regarding air quality, biological resources, cultural resources and Tribal Cultural Resources (TCRs), and noise. These significant environmental effects and the mitigation measures identified to avoid or substantially lessen them are discussed in detail in the Draft PEIR Section 3.2, Air Quality; Section 3.3, Biological Resources; Section 3.4, Cultural and Tribal Cultural Resources; and Section 3.6, Noise. A summary of significant impacts and mitigation measures for the Project is included in the Executive Summary of the Draft PEIR.

Below are the Findings regarding the potential direct, indirect, or cumulative significant environmental effects of the Project. The Findings incorporate by reference the discussion of potentially significant impacts and mitigation measures in the Final PEIR. The Final PEIR, which includes the Draft PEIR and appendices, is referred to below as the “PEIR.”

4.1 Air Quality

4.1.1 Threshold 3: Sensitive Receptors
Potentially Significant Impact: The PEIR identifies a potentially significant impact on Air Quality Threshold 3 related to the potential to expose sensitive receptors to substantial pollutant concentrations as a result of exposure to toxic air contaminants during project operation. Detailed information and analysis regarding the potentially significant impact is provided in PEIR Section 3.2.4.3.

Finding: Pursuant to CEQA Guidelines section 15091(a)(1), changes or alterations have been required or incorporated into the approved Project that avoid or substantially lessen the significant environmental effect on Air Quality Threshold 3 as identified in the PEIR.

Fact in Support of Finding: The potentially significant impacts of the Project on Air Quality Threshold 3 are analyzed in PEIR Section 3.2.4.3. Impacts would result in exposure of sensitive receptors to substantial pollution concentrations if nearby future projects in the EVSP Area would release toxic air contaminants during project operation.

The potentially significant impact on Air Quality Threshold 3 would be mitigated by implementation of Mitigation Measures AIR-1. Mitigation Measure AIR-1 is set forth in full in Table ES-5, Summary of Environmental Impacts and Mitigation Measures, of the PEIR Executive Summary. Mitigation Measure AIR-1 would require that new sensitive receptors be screened for potential toxic air contaminants sources within 500 feet of the proposed sensitive receptor location.

If a source of toxic air contaminants, such as dry-cleaning facilities, gas stations, commercial/drive-through facilities, or automotive repair shops, is identified within the applicable screening distance outline in the California Air Resources Board’s Air Quality and Land Use Resolution No. 2023-85
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CEQA Findings of Fact and Statement of Overriding Considerations Final PEIR 18 June 2023
East Valley Specific Plan
Handbook, a Health Risk Assessment or equivalent health risk evaluation shall be prepared by a qualified air quality professional. The Health Risk Assessment would demonstrate that the Project would not pose a significant health risk to nearby sensitive receptors. If a potentially significant health risk is identified, the Health Risk Assessment shall identify appropriate measures, such as upgrading building ventilation systems, to reduce the potential health risk to below a significant level, or the sensitive receptor or proposed facility shall be sited in another location.

Implementation of Mitigation Measures AIR-1 would reduce potential impacts associated with exposure of sensitive receptors to toxic air contaminants to a less than significant level.

4.2 Biological Resources

4.2.1 Threshold 1: Candidate, Sensitive, or Special-Status Species Potentially Significant Impact: The PEIR identifies a potentially significant impact on Biological Resources Threshold 1 associated with the construction of future development in the EVSP Area that could result in direct or indirect impacts to nesting birds and raptors. Detailed information and analysis regarding the potentially significant impact is provided in PEIR Section 3.3.4.1.

Fact in Support of Finding: The potentially significant impacts of the Project on Biological Resources Threshold 1 are analyzed in PEIR Section 3.3.4.1. Construction of future development projects in the EVSP Area would have the potential to result in direct and indirect physical impacts to nesting birds and raptors.

The potentially significant impacts on Biological Resources Threshold 1 would be mitigated by implementation of Mitigation Measures BIO-1. Mitigation Measure BIO-1 is set forth in full in Table ES-5 of the Executive Summary in the PEIR. Mitigation Measure BIO-1 requires pre-construction nesting bird surveys for projects in the EVSP Area that contain or are adjacent to mature trees or are within or adjacent to undeveloped land and/or open space in the EVSP Area and would remove trees or vegetation during the general bird nesting season (January 15 through September 15). If active nests of bird species covered by the Migratory Bird Treaty Act are detected in the EVSP Area during the pre-construction survey, construction activities shall stay outside a 300-foot buffer around the active nest. For raptor species, this buffer shall be expanded to 500 feet. With implementation of Mitigation Measure BIO-1, impacts on nesting birds and raptors would be reduced to a less than significant level.

Resolution No. 2023-85
Exhibit "C"

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CEQA Findings of Fact and Statement of Overriding Considerations Final PEIR 19 June 2023
East Valley Specific Plan

4.2.2 Threshold 2: Riparian Habitat or Other Sensitive Natural Communities Potentially Significant Impact: The PEIR identifies a potentially significant impact on Biological Resources Threshold 2 associated with the construction of future development projects in the EVSP Area within or adjacent to Escondido Creek could result in potentially significant direct and indirect impacts to riparian habitat sensitive vegetation communities. Detailed information and analysis regarding the potentially significant impact is provided in PEIR Section 3.3.4.2.

Fact in Support of Finding: The potentially significant impact of the Project on Biological Resources Threshold 2 is analyzed in PEIR Section 3.3.4.2. Construction of future development projects in the EVSP Area would have the potential to result in direct and indirect impacts to riparian habitat and sensitive vegetation communities.

The potentially significant impacts on Biological Resources Threshold 2 would be mitigated by implementation of Mitigation Measures BIO-2 and BIO-3. Mitigation Measures BIO-2 and BIO-3 are set forth in full in Table ES-5 in the PEIR Executive Summary. Mitigation Measure BIO-2 requires the preparation of an aquatic resource delineation following the methods outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Arid West Region for development within or adjacent to the Escondido Creek channel. The delineation would map the extent of wetlands and non-wetland waters, determine jurisdiction, and assess potential impacts.

Mitigation Measure BIO-3 requires that future projects within or adjacent to Escondido Creek that have been determined through Mitigation Measure BIO-2 to have a significant impact to sensitive aquatic resources obtain required permits and authorizations from the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and San Diego Regional Water Quality Control Board. The regulatory agency authorizations shall include impact avoidance and minimization measures and mitigation measures for unavoidable impacts. With implementation of Mitigation Measures BIO-2 and BIO-3, impacts on riparian habitat and sensitive vegetation communities would be reduced to a less than significant level.

4.2.3 Threshold 3: Wetlands
Potentially Significant Impact: The PEIR identifies a potentially significant impact on Biological Resources Threshold 3 associated with the construction of future development projects within or adjacent to Escondido Creek that may impact state or federal jurisdictional aquatic resources.

Detailed information and analysis regarding the potentially significant impact is provided in PEIR Section 3.3.4.3.

Resolution No. 2023-85
Exhibit "C"

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CEQA Findings of Fact and Statement of Overriding Considerations Final PEIR 20 June 2023
East Valley Specific Plan
Finding: Pursuant to CEQA Guidelines section 15091(a)(1), changes or alterations have been required or incorporated into the approved Project that avoid or substantially lessen the significant environmental effect on Biological Resources Threshold 3 as identified in the PEIR.

Fact in Support of Finding: The potentially significant impact of the Project on Biological Resources Threshold 3 is analyzed in PEIR Section 3.3.4.3. Development of future projects would have the potential to result in direct impacts to state or federal jurisdictional aquatic resources within or adjacent to Escondido Creek.

The potentially significant impact on Biological Resources Threshold 3 would be mitigated by implementation of Mitigation Measures BIO-2 and BIO-3, which are set forth in full in Table ES-5 in the PEIR Executive Summary. Mitigation Measures BIO-2 and BIO-3 would be required as detailed above under Section 4.2.2, Threshold 2: Riparian Habitat or Other Sensitive Natural Communities. With implementation of Mitigation Measures BIO-2 and BIO-3, impacts on jurisdictional aquatic resources would be reduced to a less than significant level.

4.2.4 Threshold 4: Native Resident or Migratory Fish or Wildlife Species Potentially Significant Impact: The PEIR identifies a potentially significant impact on Biological Resources Threshold 4 associated with removal of trees or vegetation during construction that would result in direct and indirect impacts to nursery sites. Detailed information and analysis regarding the potentially significant impact is provided in PEIR Section 3.3.4.4.

Fact in Support of Finding: The potentially significant impact of the Project on Biological Resources Threshold 4 is analyzed in PEIR Section 3.3.4.4. Impacts would have the potential to result in direct and indirect impacts to nursery sites from removal of trees or vegetation during construction.

The potentially significant impacts on Biological Resources Threshold 4 would be mitigated by implementation of Mitigation Measure BIO-1, which is set forth in full in Table ES-5 in the PEIR Executive Summary. Mitigation Measure BIO-1 would be required as detailed above in Section

4.2.1, Threshold 1: Candidate, Sensitive, or Special-Status Species. With implementation of Mitigation Measure BIO-1, impacts on nursey sites would be reduced to a less than significant level.

4.3 Cultural and Tribal Cultural Resources

4.3.1 Threshold 1: Historic Built Environmental Resources Potentially Significant Impact: The PEIR identifies a potentially significant impact on Cultural and Tribal Cultural Resources Threshold 1 associated with the physical demolition, destruction, Resolution No. 2023-85
Exhibit "C"

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Escondido City CouncilJuly 19, 2023

Escondido City Council
July 19, 2023