Escondido City Council
August 7, 2024

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report and which a similarly skilled, knowledgeable, and experienced CONTRACTOR would have discovered.

6.8 FIELD MEASUREMENTS, LAYOUT, RECORD DRAWINGS AND FIELD ENGINEERING.

The CONTRACTOR shall verify all indicated dimensions at its expense before ordering materials or equipment, or before performing Work. The CONTRACTOR shall take field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to the CONTRACTOR with the Project Documents before commencing Work. Errors, inconsistencies or omissions discovered shall be reported to the City at once. Upon commencement of any item of Work, the CONTRACTOR shall be responsible for dimensions related to such item of Work and shall make any corrections necessary to make Work properly fit at no additional cost to the City. This responsibility for verification of dimensions is a non-delegable duty and may not be delegated to Subcontractors or agents. The CONTRACTOR shall keep up-to-date record drawings of this project through the course of the project. The City shall approve these record drawings periodically, and the release of progress payments may be delayed if the record drawings are not kept up to date. After the project punch- list has been completed, the CONTRACTOR shall supply a single clean set of accurate blue-line (as-built) plans to the City. Failure to submit these as-builts will delay the Final Notice of Completion and final payment.

6.9 DETAILS OF THE WORK. Omissions from the plans, drawings or specifications, or the misdescription of customary and usual details of Work which are manifestly necessary to carry out the intent of the plans, drawings and specifications, or which are customarily performed, shall not relieve the CONTRACTOR from performing such omitted or mis-described Work, but they shall be performed as if fully and correctly set forth and described in the plans, drawings and specifications.

6.10 MEANS AND METHODS. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Project Documents. The CONTRACTOR shall be solely responsible for all safety precautions and programs incidental thereto.

6.11 SUBCONTRACTORS
A. CONTRACTOR agrees to bind every Subcontractor by terms of the Project Documents as far as such terms are applicable to Subcontractor's Work. If CONTRACTOR shall subcontract any part of the Work, CONTRACTOR shall be as fully responsible to the City for acts and omissions of any Subcontractor and of persons either directly or indirectly employed by any Subcontractor, as it is for acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in Project Documents shall create any contractual relation between any Subcontractor and the City, nor shall the Contract Documents be construed to be for the benefit of any Subcontractor.

B. The City's consent to any Subcontractor shall not in any way relieve CONTRACTOR of any obligations under the Project Documents and no such consent shall be deemed to waive any provision of any Project Document.

C. CONTRACTOR must submit with its bid a Designation of Subcontractors pursuant to the Subletting and Subcontracting Fair Practices Act. If CONTRACTOR specifies more than one Subcontractor for the same portion of Work or fails to specify a Subcontractor, and such portion of the Work exceeds one-half of one percent of the total bid, CONTRACTOR agrees that it is fully qualified to perform and shall perform such Work itself, unless CONTRACTOR provides for substitution or addition of Subcontractors.

Substitution or addition of Subcontractors shall be permitted only as authorized under the Resolution No. 2024-106
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Subletting and Subcontracting Fair Practices Act, California Public Contract Code Section 4100, et seq.

D. In accordance with California Business and Professions Code Section 7059, if CONTRACTOR is designated as a "specialty CONTRACTOR" (as defined in Section 7058 of the Business and Professions Code), all of the Work to be performed outside of the CONTRACTOR's license specialty shall be performed by a licensed Subcontractor in compliance with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Section 4100, et seq.

E. INELIGIBLE SUBCONTRACTOR. Pursuant to Public Contract Code Section 6109, no CONTRACTOR may perform Work on a public works project with a subcontractor who is ineligible to perform Work on the project pursuant to sections 1777.1 or 1777.7 of the Labor Code.

F. A copy of each subcontract, if in writing, or, if not in writing, then a written statement signed by the CONTRACTOR giving the name of the Subcontractor and the terms and conditions of such subcontract, shall be filed with the City before the Subcontractor begins Work. Each subcontract shall contain an express reference to and incorporate the Agreement between the City and the CONTRACTOR and the terms of that Agreement and all parts of the Project Documents shall be made a part of such subcontract insofar as applicable to the Work covered thereby. Each subcontract will provide for termination in accordance with the Article entitled City's RIGHT TO TERMINATE AGREEMENT of these General Conditions. Each subcontract shall provide for its annulment by the CONTRACTOR at the order of the City if in the City's opinion the Subcontractor fails to comply with the requirements of the Project Documents insofar as the same may be applicable to this Work. Nothing herein contained shall relieve the CONTRACTOR of any liability or obligation hereunder.

6.12 DUTY TO PROVIDE FIT WORKERS
A. CONTRACTOR and Subcontractors shall at all times enforce strict discipline and good order among their employees and shall not employ on the Work any unfit person or anyone not skilled in the Work assigned to such person. It shall be the responsibility of CONTRACTOR to ensure compliance with this Article.

B. Any person in the employ of the CONTRACTOR or Subcontractors whom the City or Engineer may deem incompetent, unfit, troublesome or otherwise undesirable shall be excluded from the Work site and shall not again be employed on it except with the written consent of the City.

6.13 OVERTIME.

A. Except as otherwise provided in this Article, the CONTRACTOR shall receive no additional compensation for overtime Work, i.e., Work in excess of 8 hours in any 1 calendar day or 40 hours in any 1 calendar week, even though such overtime Work may be required under emergency conditions and may be ordered by the City in writing.

Additional compensation will be paid to the CONTRACTOR for overtime Work only in the event extra Work is ordered by the City and the Change Order specifically authorizes the use of overtime Work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime Work of a similar nature in the same locality.

B. All increased or additional costs of inspection and/or testing, performed by or on behalf of the City, during overtime Work by the CONTRACTOR which is allowed solely for the convenience of the CONTRACTOR shall be borne by the CONTRACTOR. The City Resolution No. 2024-106
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has the authority to deduct the costs of all such inspection and testing from any partial payments otherwise due to the CONTRACTOR. Payment for inspection overtime beyond a normal Workday (9 hours), Saturdays, Sundays or Union observed holidays will be deducted from the CONTRACTOR's payment at the rate of One Hundred Twelve Dollars and Fifty Cents ($112.50) per hour (one hour minimum) pursuant to City of Escondido Resolution No. 2007-115(RR).

6.14 MATERIALS AND WORK
A. Except as otherwise specifically stated in this Agreement, CONTRACTOR shall provide and pay for all materials, supplies, tools, equipment, labor, transportation, administration, management, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete the Project within the specified time.

B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted or specified free from defects, and workmanship shall be of excellent quality.

C. Materials shall be furnished in ample quantities and at such times as to insure uninterrupted progress of Work and shall be stored properly and protected as required.

D. CONTRACTOR shall, after issuance of the Notice to Proceed by the City, place orders for materials and/or equipment as specified so that delivery may be made without delays to the Work. CONTRACTOR shall, upon demand by the City, furnish to the City documentary evidence showing that orders have been placed.

E. The City reserves the right, due to any neglect in not complying with the above instructions, to place orders for such materials and/or equipment as it may deem advisable in order that the Work may be completed by the date specified in the Agreement, and all expenses incidental to the procuring of these materials and/or equipment shall be paid for by the CONTRACTOR.

F. No materials, supplies, or equipment for Work under this Agreement shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier.

CONTRACTOR warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all Work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by it, to the City free from any claims, liens, or charges. CONTRACTOR further agrees that neither it nor any person, firm, or corporation furnishing any materials or labor for any Work covered by this Agreement shall have any right to any lien upon the premises or any improvement or appurtenance thereon, except that CONTRACTOR may install metering devices or other equipment of utility companies or of political subdivisions, title to which is commonly retained by the utility company or political subdivision. In the event of installation of any such metering device or equipment, CONTRACTOR shall advise the City as to the owner thereof.

G. Nothing contained in this Article, however, shall defeat or impair the rights of persons furnishing material or labor under any bond given by CONTRACTOR for their protection or any rights under any law permitting such persons to look to funds due CONTRACTOR in the hand of the City, and this provision shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all Resolution No. 2024-106
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persons furnishing materials or labor when no formal contract is entered into for such materials or labor.

H. Materials and/or equipment and the attendant liability for its protection and safety shall remain with the CONTRACTOR until incorporated in the Work and accepted by the City, no part of the materials and/or equipment shall be removed from its place of storage except for immediate installation in the Work; and CONTRACTOR shall keep an accurate inventory of all materials and/or equipment in a manner satisfactory to the City or its authorized representative.

6.15 ACCESS TO CONTRACTOR'S RECORDS. The CONTRACTOR agrees that the City (including the City's designees) have the right to access, review, obtain and copy upon reasonable written notice (which shall be no greater than 3 working days), all Records pertaining to the Agreement and/or the Project, including the bid. The CONTRACTOR agrees to provide the City with any relevant information requested and shall permit the State or the City access to its premises upon reasonable notice for purposes of interviewing employees and inspecting Records. The CONTRACTOR agrees to maintain such Records for a period of 3 years after final payment under the contract. Should the project be funded by the State Revolving Fund, the CONTRACTOR shall maintain records for 20 years.

6.16 CONTRACTOR SUBSTITUTION OF "OR EQUAL" ITEMS
A. CONTRACTOR shall follow all instructions and requirements set forth in the "INSTRUCTIONS TO BIDDERS", for compliance with this Article.

B. Whenever in specifications any materials, process, service or equipment is indicated or specified by brand name, trade name, proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of material, process, service or equipment desired and shall be deemed to be followed by the words "or equal", CONTRACTOR may, unless otherwise stated, offer any material, process, service, or equipment which shall be substantially equal or better in every respect to that so indicated or specified subject to the City's approval.

C. If material, process, service, or equipment offered by CONTRACTOR is not, in the City's sole discretion determined to be, equal or better in every respect to that specified, then CONTRACTOR shall furnish the material, process, service, or equipment specified. The burden of proof as to equality of any material, process, service, or equipment shall rest with CONTRACTOR. This provision authorizing submission of "or equal" substantiating data shall not in any way authorize an extension of time for performance of this Agreement.

D. "Or equal" and substitution requests with substantiating data shall be submitted for consideration no later than 14 calendar days prior to bid opening.

E. The City may choose to allow an "or equal" substitution, if the City determines, in its sole discretion, that the requested substitution is an equal product, and that there is a cost savings resulting in a deductive change order, an increase in the performance with the substituted product, or any other reason deemed by the City to be in the City's best interest to allow the substitution.

F. If a CONTRACTOR initiated material substitution occurs after the Award of Contract, CONTRACTOR must establish that the specified material is no longer being manufactured or available, that the substituted material is the best possible material Resolution No. 2024-106
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substitution for that which is no longer available, or that there is some other benefit to the City in approving said substitution.

G. If the City allows the substitution anytime after the Award of Contract, the CONTRACTOR will be responsible for reasonable fees incurred by the Engineer or Engineer's consultants in reviewing the proposed substitution which fees may be deducted from progress payments to CONTRACTOR.

H. In the event CONTRACTOR furnishes material, process, service, or equipment more expensive than that specified, any difference in cost of such material, process, service, or equipment so furnished shall be borne by CONTRACTOR. Any engineering, design fees, or approval agencies' fees required to make adjustments in material or Work of all trades directly or indirectly affected by the approved substituted items shall be borne entirely by CONTRACTOR. Any difference in cost between an approved substitution that is lower in cost than the originally specified item shall be refunded by CONTRACTOR to the City.

I. All costs associated with and caused by a CONTRACTOR's "or equal" submittal, including any consequential design changes needed to accommodate the "or equal", and any delay caused to the project schedule resulting from the review of the requested "or equal" submittal shall be borne by the CONTRACTOR.

6.17 PERMITS
A. Unless otherwise provided in the Supplementary General Conditions, the CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and bonds if required by such agencies.

The enforcement of such requirements shall not be made the basis for claims for additional compensation by CONTRACTOR. When necessary, the City will assist the CONTRACTOR, in obtaining such permits and licenses. The CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. The CONTRACTOR shall pay all charges of utility owners for inspection or connections to the Work. Compensation for all permit fees is included in the Lump Sum payment for Mobilization.

B. The CONTRACTOR shall indemnify, defend and hold harmless the City and its officers, employees and agents from any and all liability arising out of any violation, or claim of violation of the San Diego Municipal Storm Water Permit (Order No. 2001-01), and updates, of the California Regional Water Quality Control Board Region 9, San Diego, which the City might suffer, incur, or become subject by reason of or occurring as a result of or allegedly caused by performance of the Work.

C. Prior to beginning Work, the CONTRACTOR shall obtain a no-fee Encroachment Permit from the office of the City of Escondido Field Engineer, 201 N. Broadway, unless otherwise specified in the Supplemental General Conditions. CONTRACTOR shall adhere to all requirements and provisions of said Encroachment Permit as though fully set forth herein.

D. The CONTRACTOR shall be responsible for complying with the requirements of all permits acquired by the City.

Resolution No. 2024-106
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Except for the permits specifically set forth in 'A' above, the CONTRACTOR shall acquire all permits required by Laws or Regulations, including, without limitation, the following specific permits (if applicable):

1. State permits to construct and/or operate sources of air pollution.

2. Certificates and permits are required for sources such as, but not limited to:
a. Fuel burning equipment
b. Gasoline and petroleum distillate storage containers c. Land disturbing activities
d. Processing equipment (sand, gravel, concrete batch plant, etc.) e. Odors

3. Stormwater Permit.

4. Permit-Required Confined Space
The workplace in which the Work is to be performed may contain permit-required confined spaces (permit spaces) as defined in 29 CFR 1910.146 and, if so, permit space entry is allowed only through compliance with a confined space entry program meeting the requirements of 29 CFR 1910.146.

5. Others as required in the Supplementary General Conditions.

6.18 PATENT FEES AND ROYALTIES. The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of the City or the Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights will be disclosed by the City in the Contract Documents. The CONTRACTOR's indemnification obligation under this Article, for all claims and liabilities arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents shall be in accordance with Article 6.16 of these General Conditions.

6.19 LAWS AND REGULATIONS. The CONTRACTOR shall observe and comply with all Laws and Regulations which in any manner affect those engaged or employed on the Work, the materials used in the Work, or the conduct of the Work. If any discrepancy or inconsistency should be discovered between the Contract Documents and any such Laws or Regulations, the CONTRACTOR shall report the same in writing to the Engineer. Any particular Law or Regulation specified or referred to elsewhere in the Contract Documents shall not in any way limit the obligation of the CONTRACTOR to comply with all other provisions of federal, state, and local laws and regulations.

The CONTRACTOR's indemnification obligations for all claims or liability arising from violation of any such law, ordinance, code, order, or regulation, whether by CONTRACTOR or by its employees, Subcontractors or Suppliers shall be in accordance with Article 6.16 of these General Conditions.

6.20 TAXES. The CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the place of the Project which are applicable during the performance of the Work.

6.21 USE OF PREMISES. The CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site, the land and areas identified in and permitted by the Contract Documents, and the other land and areas permitted by Laws and Resolution No. 2024-106
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Regulations, rights-of-way, permits, and easements. The CONTRACTOR shall assume full liability and responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the City or the Engineer by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim through litigation at the CONTRACTOR's sole liability any expense. The CONTRACTOR's indemnification obligations for all claims and liability, arising directly, indirectly, or consequentially out of any action, legal or equitable, brought by any such owner or occupant against the City, the Engineer, their consultants, subconsultants, and the officers, directors, employees and agents of each and any of them to the extent caused by or based upon the CONTRACTOR's performance of the Work shall be in accordance with Article 6.25 of these General Conditions.

6.22 SAFETY AND PROTECTION
A. The CONTRACTOR shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

1. All persons at the Site and other persons and organizations who may be affected thereby;

2. All the Work materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, mailboxes, and utilities not designated for removal, relocation, or replacement in the course of the performance of the Work.

B. The CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property or to the protection of persons or property from damage, injury, or loss and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and in accordance with Article 14.11. that the Work is acceptable.

C. During the entire construction period, it shall be the responsibility of the contractor to maintain conditions at the project location so as to meet in all aspects the requirements of the California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety Orders CAL/OSHA. This provision shall cover the CONTRACTOR's employees and all other persons working upon or visiting the project location. To this end, the Contractor shall inform himself and his representatives of CAL/OSHA standards.

D. The CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

E. MSDS. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet (MSDS.) shall be made available at the Site by the CONTRACTOR for every hazardous product used. Material usage shall strictly conform to OSHA safety requirements and all manufacturer's warnings and application instructions Resolution No. 2024-106
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listed on the MSDS and on the product container label. The CONTRACTOR shall be responsible for the exchange of every MSDS or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

F. The CONTRACTOR shall notify the City if it considers a specified product or its intended use to be unsafe. This notification must be given to the City prior to the product being ordered, or if provided by some other party, prior to the product being incorporated in the Work.

G. CONFINED SPACES. The CONTRACTOR will not enter any confined space without using a Confined Space Entry Permit. The CONTRACTOR shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR.

H. The CONTRACTOR shall provide a COMPETENT PERSON for all excavation operations.

6.23 EMERGENCIES. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR, without special instruction or authorization from the City or Engineer, is obligated to immediately act to prevent threatened damage, injury, or loss. CONTRACTOR shall give City prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If City determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the action.

6.24 SUBMITTALS. The City requires submittals for all materials, equipment, parts and systems.

A. SHOP DRAWINGS

1. The City may designate a consultant to receive and review submittals and may require the CONTRACTOR to transmit the submittals to that consultant.

Commensurate with the requirements of the project schedule, the CONTRACTOR shall check and verify all field measurements and shall submit to the City six (6) copies, checked, coordinated and approved by CONTRACTOR, of all shop or setting list drawings, schedules, and materials list required for the Work of various trades: If this project consists of any remodel / modernization Work, field dimensions require verification prior to the preparation of the Shop Drawings. The City shall review such drawings, schedules and materials list only for conformance with the design concept of Project and compliance with information given in Project Documents, and return with notations and with guidance as to required corrections within 30 days.

CONTRACTOR shall make any corrections required by the City, file three (3) corrected copies with the City, and furnish such other copies as may be needed for construction within 30 days. The City's approval of such drawings, schedules, or materials list shall not relieve CONTRACTOR from responsibility for deviations unless CONTRACTOR has in writing called the City's attention to such deviations at time of submission by clearly writing the phrase "DEVIATION REQUEST" in bold type at the head of the submittal, and secured the City's written approval, nor shall it relieve CONTRACTOR from responsibility for errors in shop drawings or schedules.

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2. The City is entitled to additional review time. The additional review time may be required to review complex and difficult submittals, including but not limited to structural steel shop drawings, mechanical equipment, electrical equipment, and special system components and parts. The CONTRACTOR shall breakout critical submittals into separate packages so as to expedite the review process of an individual item. The coordination of the overall submittal packages shall be the responsibility of the CONTRACTOR.

3. Shop Drawings requiring "Deferred Approval" require a substantial amount of time for City review and approval. The Project Documents will identify those shop drawings requiring Deferred Approval, if any. The Contractor shall apply its skill and knowledge to expedite the Deferred Approval(s) from preparation to approval. The Contractor shall schedule the project activities to avoid critical path delays as a result of the Deferred Approval process. Notwithstanding anything to the contrary herein, the CONTRACTOR shall make submittals of all Deferred Approvals to the City within 120 days of the Award of Contract. The City shall review such Deferred Approval submittal, and shall return as approved or disapproved with guidance as to the required corrections within 60 days. If resubmittals are required, the City shall endeavor to review and return the resubmittal within 60 days. CONTRACTOR shall allow sufficient time in its scheduling for corrections and resubmittals of Deferred Approval items in conformance with these requirements.

4. All submittals of shop drawings, catalog cuts, data sheets, schedules and material lists shall be complete and shall conform to contract drawings and specifications.

The CONTRACTOR shall prepare layout and coordination drawings to demonstrate the accuracy and fit of the materials and Work.

5. The term "shop drawing" as used herein shall be understood to include, but not be limited to, coordination efforts by CONTRACTOR involving detail design calculations for the development of the Shop Drawing, fabrication and installation drawings, lists, graphs and operating instructions.

6. Shop drawings shall be submitted at a time sufficiently early to accommodate the rate of construction progress required under the Project Documents.

CONTRACTOR will be required to pay the City or its consultant's reasonable and customary fees in order to expedite review of Shop Drawings which are not submitted in a timely fashion.

7. All submittals shall be accompanied by an accurately completed transmittal form using the format bound herein, or as approved by the City. Any shop drawing submittal not accompanied by such a form, or where all applicable items on the form are not completed, will be returned for resubmittal. The CONTRACTOR may authorize a material or equipment supplier to deal directly with the City with regard to Shop Drawings. However, ultimate responsibility for the accuracy and completeness of the information contained in the submittal shall remain with the CONTRACTOR.

8. Normally, a separate transmittal form shall be used for each specific item, scheduled activity task, or class of material or equipment for which a submittal is required. However, due to the critical nature of a submittal, a submittal can be broken into separate sub-submittals in order to obtain the review of a more Resolution No. 2024-106
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critical portion(s) of a submittal prior to the review of other sub-submittals. The transmittal form shall include the CPM Activity / Submittal Task Number, Early Start (ES), Early Finish (EF), Late Finish (LF) and the float for the activity.

Transmittal of shop drawings on various items using a single transmittal form will be permitted only when the items taken together constitute a manufacturer's "package" or are so functionally related that expediency indicates review of the group or package as a whole.

9. CONTRACTOR's review and approval of Shop Drawings and submittals shall include the following stamp:
"The CONTRACTOR has reviewed and approved not only the field dimensions but the construction criteria and has also made written notation regarding any information in the Shop Drawings or submittal that does not conform to the Project Documents. This Shop Drawing or submittal has been coordinated with all other shop drawings and submittals received to date by CONTRACTOR and this duty of coordination has not been delegated to Subcontractors, material suppliers, the Engineer, or the architects on this project. The Contractor also indicates that it has not relied upon the dimensions shown on the drawings, specifications and schedules, and that the Contractor has double-checked all dimensions for accuracy and fit.

Signature of CONTRACTOR"

10. Within 30 days after receipt of Shop Drawings, the City will endeavor to return one or more prints of each drawing to CONTRACTOR with City's comments noted thereon. The CONTRACTOR shall make a complete and acceptable submittal to the City by the second submission of drawings. The City shall withhold funds due the CONTRACTOR to cover additional costs of the City's review beyond the second submission and any other costs incurred by the City.

11. If prints of the shop drawing are returned to the CONTRACTOR marked "NO EXCEPTIONS TAKEN," formal revision of said drawing will not be required.

If prints of the drawing are returned to the CONTRACTOR marked "MAKE CORRECTIONS NOTED," formal resubmittal of said drawings will not be required. If prints of the drawing are returned to the CONTRACTOR marked "REVISE AND RESUBMIT," the CONTRACTOR shall revise said drawing and shall resubmit six (6) copies of the revised drawing to the City. If prints of the drawing are returned to the CONTRACTOR marked "REJECTED RESUBMIT," the CONTRACTOR shall resubmit six (6) new copies of the drawing to the ARCHITECT. Submittals being resubmitted for revisions or submitted due to previous rejection, the CONTRACTOR shall provide a written response indicating the nature of the correction(s) and/or cloud the revised item(s).

12. Fabrication of an item shall not be commenced before the City has reviewed the pertinent Shop Drawings and returned copies to the CONTRACTOR marked with "NO EXCEPTIONS TAKEN," or "MAKE CORRECTIONS NOTED." Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Project Documents and shall not be taken as the Resolution No. 2024-106
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basis of claims for extra Work. The review of such drawings by the City will be limited to checking for general agreement with the Project Documents, and shall in no way relieve the CONTRACTOR of responsibility for errors or omissions contained therein, nor shall such review operate to waive or modify any provision contained in the Project Documents. Fabricating dimensions, quantities of material, applicable code requirements, and other contract requirements shall be the CONTRACTOR's responsibility.

13. No Work represented by required Shop Drawings shall be purchased or commenced until the applicable submittal has been approved. The Work shall conform to the approved Shop Drawings and all other requirements of the Project Documents. The CONTRACTOR shall not proceed with any related Work which may be affected by the Work covered under Shop Drawings until the applicable Shop Drawings have been approved, particularly where piping, machinery, and equipment and the required arrangements and clearances are involved.

14. Except where the preparation of a Shop Drawing is dependent upon the approval of a prior shop drawing, all shop drawings pertaining to the same class or portion of the Work shall be submitted simultaneously.

15. THE CONTRACTOR SHALL HAVE NO CLAIM FOR DAMAGES OR

EXTENSION OF TIME DUE TO ANY DELAY RESULTING FROM THE

CONTRACTOR HAVING TO MAKE THE REQUIRED REVISIONS TO SHOP

DRAWINGS UNLESS REVIEW BY THE CITY IS DELAYED BEYOND THE

TIME PROVIDED HEREIN AND THE CONTRACTOR CAN ESTABLISH

THAT IT BEARS NO RESPONSIBILITY FOR CAUSING AND/OR

CONTRIBUTING TO THE DELAY AND THAT THE CITY'S DELAY IN

REVIEW ACTUALLY RESULTED IN A DELAY TO THE CRITICAL PATH IN THE CONTRACTOR CONSTRUCTION SCHEDULE.

B. PAYROLL SUBMITTALS

1. Copies of all payrolls shall be submitted weekly to the City. Payrolls shall contain the full name, address and social security number of each employee, the employee's correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which that name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or the employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Contract. The CONTRACTOR shall be responsible for the submission of copies of payrolls of all subcontractors. The CONTRACTOR shall ensure that the payrolls match the Daily Work Reports. The CONTRACTOR shall certify that no Work was done on the job if no Work was done on the job.

2. If by the 15th of the month, the CONTRACTOR has not submitted satisfactory payrolls for all Work performed during the monthly period ending on or before the 1st of that month, the City will retain an amount equal to ten percent (10%) of the estimated value of the Work performed (exclusive of Mobilization) during the month from the next monthly estimate, except that this retention shall not exceed $10,000 nor be less than $1,000. Retentions for failure to submit Resolution No. 2024-106
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satisfactory payrolls shall be additional to all other retentions provided for in the Contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.

3. The CONTRACTOR shall also submit a second copy of all certified payrolls with all personal information fully redacted. The CONTRACTOR and each subcontractor shall preserve their payroll records for a period of 3 years from the date of completion of the Contract. The form of the certification shall be as follows:

I,
am
for and on behalf of
(print name), the undersigned,
(position in business) with the authority to act
(Name of business and/or CONTRACTOR), certify under penalty of perjury that the records or copies thereof submitted and consisting of (description,
number of pages) are the originals or true, full and correct copies of the originals which depict the payroll record(s) of the actual disbursements by way of cash, check, or whatever form to the individual or individuals named.

Dated:

Signature:

C. SUBMITTAL OF HOME OFFICE OVERHEAD. CONTRACTOR shall furnish within 7 days after the Notice to Proceed, a certified statement and detailed calculation from its accountant establishing the job site and pro rata home office overhead rates for CONTRACTOR and major Subcontractors, as determined by the City. Such shall be updated quarterly and filed with the City.

D. SUBMITTAL OF HOURLY RATES. CONTRACTOR shall furnish within 7 days after the Notice to Proceed, a complete listing of CONTRACTORS and Subcontractors hourly labor rates, indicating the direct hourly wage rate, payroll taxes and insurance costs.

E. ESCROW BID DOCUMENTS. The Escrow Bid Documents shall be submitted by the CONTRACTOR in a sealed container(s) within 10 days after the day of award of the contract. The container shall be clearly marked on the outside with the CONTRACTOR's name, date of submittal, project name and the words "Escrow Bid Documents." F. SWPPP/BMP. CONTRACTOR shall submit the required Storm Water Pollution Prevention Plan or Best Management Practices, before commencement of any Work.

6.25 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE
A. CONTRACTOR warrants that the Work (which includes all equipment furnished by CONTRACTOR as part of the materials) shall:

1. Be free from defects in workmanship, integration and material; be free from defects in any design performed by CONTRACTOR;
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2. Be new, and conform and perform to the requirements stated in the specifications and where detail requirements are not so stated, shall conform to applicable industry standards; and

3. Be suitable for the use stated in the specifications.

B. The warranty period for discovery of defective Work shall commence on the date stamped on the Notice of Completion verifying County recordation and continue for the period set forth in the specifications or for 1 year if not so specified. If, during the warranty period, the Work is not available for use due to defective Work, such time of unavailability shall not be counted as part of the warranty period. The warranty period for corrected defective Work shall continue for a duration equivalent to the original warranty period.

C. The City shall give CONTRACTOR prompt written notice after discovery of any defective or incomplete Work. CONTRACTOR shall correct any such defective or incomplete Work, as well as any damage to any other part of the Work resulting from such defective or incomplete Work, and shall provide repair, replacement, or reimbursement, at its sole expense, in a manner approved by the City and with due diligence and dispatch as required to make the Work ready for use by the City, ordinary wear and tear, unusual abuse or neglect excepted. Such corrections shall include, but not be limited to, any necessary adjustments, modifications, changes of design (unless of City's design), removal, repair, replacement or reinstallation, and shall include all necessary parts, materials, tools, equipment, transportation charges and labor as may be necessary, and cost of removal and replacement of Work shall be performed at a time and in such a manner so as to minimize the disruption to the City's use of the Work.

D. In the event of failure of CONTRACTOR or Surety to commence and pursue with diligence any such repairs or replacements within 10 days after being notified in writing, the City is hereby authorized to proceed to have defects repaired or replaced and made good at the expense of the CONTRACTOR and the Surety who hereby agree to pay any costs and charges therefore immediately on demand.

E. If, in the opinion of the City, defective Work creates a dangerous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City will attempt to give the written notice required by this Article. If the CONTRACTOR or Surety cannot be contacted or neither complies with the City's requirements for correction within a reasonable time as determined by the City, the City may, notwithstanding the provisions of this Article, proceed to make such correction or provide such attention and the costs of such correction or attention shall be charged against the CONTRACTOR and Surety. Such action by the City will not relieve the CONTRACTOR and Surety of the guarantees provided in this Article or elsewhere in the Project Documents.

F. This Article does not in any way limit the guarantees on any items for which a longer guarantee is specified or on any items for which a manufacturer gives a guarantee for a longer period. CONTRACTOR shall furnish to City all appropriate guarantee or warranty certificates upon completion of the Project or upon request by the City.

G. All guarantees required under this Article shall be in writing on a Guarantee form approved by the City.

H. CONTRACTOR shall provide to the City instruction manuals for all items which require same.

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I. Nothing herein shall limit any other rights or remedies available to the City, and any and all written/express guarantees are in addition to rights provided under California law, including the rights granted under Code of Civil Procedure sections 337.1 and 337.15.

J. CONTRACTOR warrants and guarantees that all Work will be in accordance with the Project Documents and will not be defective. The CONTRACTOR shall guarantee all parts of the Work against defective materials or workmanship furnished by the CONTRACTOR for a period of 1 year from the date of final acceptance by the City.

6.26 INDEMNIFICATION
A. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the City, the Engineer, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from all claims and liability arising under, by reason of, related, or incidental to the Project Documents or any performance of the Work, but not from the sole negligence or willful misconduct of the City and/ or the Engineer. Such indemnification by the CONTRACTOR shall include, but not be limited to, the following:

1. CONTRACTOR shall indemnify, defend, and hold harmless the City and its officers, employees and agents, from all liability or claim of liability arising by reason of injury or damage to persons (including death) and/or property (both tangible and intangible) occurring as a result of Work done pursuant to the terms of this Agreement, and name same as coinsured in any policy in the Contract Documents;

2. CONTRACTOR shall further indemnify, defend and hold harmless the City and its officers, employees and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, administrative proceedings, damages, fines, penalties, judgments, orders, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements, arising out of any violation, or claim of violation of the San Diego Municipal Storm Water Permit, and updates, of the California Regional Water Quality Control Board Region 9, San Diego, which the City might suffer, incur, or become subject by reason of or occurring as a result of or allegedly caused by work performed by CONTRACTOR.

3. Liability or claims resulting directly or indirectly from the negligence or carelessness of the CONTRACTOR, its employees, or agents in the performance of the Work, or in guarding or maintaining the same, or from any improper materials, implements, or appliances used in its construction, or by or on account of any act or omission of the CONTRACTOR, its employees, or agents;

4. Liability or claims arising directly or indirectly from bodily injury, occupational sickness or disease, or death of the CONTRACTOR's, Subcontractor's, or Supplier's own employees, or agents engaged in the Work resulting in actions brought by or on behalf of such employees against the City and/ or the Engineer;

5. Liability or claims arising directly or indirectly from or based on the violation of any Laws or Regulations, whether by the CONTRACTOR, its employees, or agents;
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6. Liability or claims arising directly or indirectly from the use or manufacture by the CONTRACTOR, its employees, or agents in the performance of this Agreement of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance, unless otherwise specifically stipulated in this Agreement;

7. Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied, made to the City and/or Engineer or any other parties by the CONTRACTOR, its employees, or agents;

8. Liability or claims arising directly or indirectly from the willful misconduct of the CONTRACTOR, its employees, or agents;

9. Liability or claims arising directly or indirectly from any breach of the obligations assumed in this Agreement by the CONTRACTOR;

10. Liability or claims arising directly or indirectly from, relating to, or resulting from a hazardous condition created by the CONTRACTOR, Subcontractors, Suppliers, or any of their employees or agents, and;

11. Liability or claims arising directly, or indirectly, or consequentially out of any action, legal or equitable, brought against the City, the Engineer, their consultants, subconsultants, and the officers, directors, employees and agents of each or any of them, to the extent caused by the CONTRACTOR's use of any premises acquired by permits, rights of way, or easements, the Site, or any land or areas contiguous thereto or its performance of the Work thereon.

B. The indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of insurance carried by CONTRACTOR or by the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or any Subcontractor or other person or organization under workers' compensation acts, disability benefit acts, or other employee benefit acts.

6.27 CONTRACTOR'S DAILY REPORTS. At the close of each working day, the CONTRACTOR shall submit a daily report to the Inspector, on forms approved by the City, together with applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and for other services and expenditures when authorized concerning extra Work items. Extra or disputed work shall be specifically described and separated from Contract Work on the report. An attempt shall be made to reconcile the report daily, and the Inspector and the CONTRACTOR shall sign it. In the event of disagreement, pertinent notes shall be entered by each party to explain points that cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the CONTRACTOR.

6.28 CONTRACTOR PAYMENTS. To each of its subcontractors, not later than the 5th day following each payment to CONTRACTOR by the City the respective amounts allowed CONTRACTOR on account of Work performed by the respective subcontractor's to the extent of such subcontractor's interest therein. If CONTRACTOR does not pay one or more SUBCONTRACTORS the amount (less retention) applied for and received in a payment application, CONTRACTOR shall return said amount back to the City within 5 days.

6.29 DIAL BEFORE YOU DIG. The CONTRACTOR shall make notification to the regional notification center for utility markouts and keep a record of the inquiry identification number.

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The CONTRACTOR shall follow the requirements of California Government Code Section 4216-4216.9. Refer to Article 4.3.

6.30 DOCUMENTS ON WORK. CONTRACTOR shall keep on the job site at all times one legible copy of all Project Documents, including addenda and change orders, and Title 19 of the California Code of Regulations, and all approved drawings, plans, schedules and specifications. Said documents shall be kept in good order and available to the City, Engineer, architect, and all authorities having jurisdiction. CONTRACTOR shall be acquainted with and comply with the provisions of said regulations as they relate to this Project. CONTRACTOR shall also be acquainted with and comply with all California Code of Regulations provisions relating to conditions on this Project, particularly Titles 8 and 17.

6.31 TEMPORARY UTILITIES
A. All utilities, including but not limited to electricity, water, gas, and telephone used on the Work shall be furnished and paid for by CONTRACTOR. CONTRACTOR shall furnish and install necessary temporary distribution systems, including meters, if necessary, from distribution points to all points on the site where the utility is necessary to carry on the Work.

Upon completion of the Work, CONTRACTOR shall remove all temporary distribution systems.

B. If this Contract is for a modernization, reconstruction and or an addition to existing building(s),

1. CONTRACTOR may, with written permission of the City, use the City's existing utilities by making prearranged payments to the City for utilities used by CONTRACTOR for construction.

2. CONTRACTOR shall arrange, schedule and pay for all temporary utilities to the entire facility and/or portion(s) of the facility, including but limited to electrical power, water and gas. The entire facility and/or portion of the facility shall be any area that is affected by a utility disruption and/or affects the function and use of the facility.

6.32 SANITARY FACILITIES. The CONTRACTOR shall provide sanitary temporary toilet and hand washing facilities in no fewer numbers than required by law and such additional facilities as may be directed by the Inspector for the use of all workers. The toilet facilities shall be maintained in a sanitary condition at all times and shall be left at the site until removal is directed by the Inspector. Use of toilet facilities in the Work under construction shall not be permitted.

6.33 CLEANING UP
A. For Projects located in the Right-of-Way the CONTRACTOR shall, on a continuous basis, keep Work site free from CONTRACTOR generated debris such as waste, rubbish, and excess materials, dirt, mud, dust, and non-functioning equipment caused by this Work and shall follow the Technical Specifications "TEMPORARY ENVIRONMENTAL CONTROLS & CONSTRAINTS" and "TEMPORARY ENCROACHMENT,
MAINTENANCE, AND RESTORATION OF THE CITY RIGHT-OF-WAY".

B. For Building Projects, or projects that are off the street, CONTRACTOR shall at all times keep Work site free from CONTRACTOR generated debris such as waste, rubbish, and excess materials and equipment caused by this Work, at the least on a daily basis.

CONTRACTOR shall not leave debris under, in, or about the Work site. Upon completion of CONTRACTOR Work, CONTRACTOR shall clean all interior and exterior materials Resolution No. 2024-106
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installed by CONTRACTOR, and in addition to, all buildings, including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected as a direct or indirect result of the CONTRACTOR Work. Such cleaning shall consist of polishing all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment. If the project consists of any street improvements (paving / gutter and/or sidewalk surfaces), drain inlets and any pipeline facilities, such Work shall also be free of any debris and sediments.

6.34 WAGE RIGHTS [Job Site Notices]
A. Pursuant to the provisions of the Labor Code, the governing board of the City has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime Work in the locality in which this public Work is to be performed for each craft, classification or type of worker needed for this Project from the Director of the Department of Industrial Relations ("Director.") These rates are on file with the Clerk of the City's governing board and copies will be made available to any interested party on request.

CONTRACTOR shall post a copy of such wage rates at the Work site.

B. Holiday and overtime Work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. Holidays shall be defined in the Collective Bargaining Agreement applicable to each particular craft, classification or type of worker employed.

C. CONTRACTOR shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR or any Subcontractor and such workers.

D. If during the period this bid is required to remain open, the Director of Industrial Relations determines that there has been a change in any prevailing rate of per diem wages in the locality in which this public Work is to be performed, such change shall not alter the wage rates in the Notice Calling for Bids or the contract subsequently awarded.

E. Pursuant to Labor Code section 1775, CONTRACTOR and any subcontractor shall as a penalty to the City, forfeit fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages, determined by the Director, for such craft or classification in which such worker is employed for any public Work done under the Agreement by CONTRACTOR or by any Subcontractor under it. The amount of the penalty shall be determined by the Labor Commission and shall be based on consideration of the CONTRACTOR's or subcontractor's mistake, inadvertence or neglect in failing to pay the correct prevailing rate of per diem wage, or the previous record of the CONTRACTOR in meeting his or her prevailing rate of per diem wage obligations, or the CONTRACTOR's or subcontractor's willful failure to pay the correct prevailing rate of per diem wages. A mistake, inadvertence or neglect in failing to pay the correct prevailing rate of per diem wage is not excusable if the CONTRACTOR or subcontractor had knowledge of his or her obligations under this part. The difference between such prevailing rate of per diem wage and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing rate of per diem wage shall be paid to each worker Resolution No. 2024-106
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by the CONTRACTOR or subcontractor.

F. Any workers employed to perform Work on the Project, which Work is not covered by any craft or classification listed in the general prevailing rate of per diem wages determined by the Director shall be paid not less than the minimum rate of wages specified therein for the craft or classification which most nearly corresponds to Work to be performed by them, and such minimum wage rate shall be retroactive to time of initial employment of such persons in such craft or classification.

G. Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, and vacation pay.

H. CONTRACTOR shall post at appropriate conspicuous points on the site of the Project, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned.

6.35 HOURS OF WORK
A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, 8 hours of labor shall constitute a legal day's Work. The time of service of any worker employed at any time by the CONTRACTOR or by any Subcontractor on any subcontract under this Agreement upon the Work or upon any part of the Work contemplated by this Agreement shall be limited and restricted by the Agreement to 8 hours per day, and 40 hours during any one week, except as hereinafter provided. Notwithstanding the provisions hereinabove set forth, Work performed by employees of CONTRACTOR in excess of 8 hours per day and 40 hours during any one week, shall be permitted upon this public Work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay.

B. The CONTRACTOR shall keep and shall cause each Subcontractor to keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Work or any part of the Work contemplated by this Agreement. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement, Department of Industrial Relations.

C. Pursuant to Labor Code section 1813, the CONTRACTOR or subcontractor shall pay to the City a penalty of twenty-five Dollars ($25) for each worker employed in the execution of this Contract by the CONTRACTOR or by any Subcontractor for each calendar day during which such worker is required or permitted to Work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

D. Any Work necessary to be performed at the Contractor’s request or due to the Contractor’s actions after the normal working hours of 7:00 a.m. to 4:30 p.m., Monday through Friday, or on weekends or City Holidays, shall be performed without any additional expense to the City. If Contractor seeks to Work after regular working hours, or weekends or holidays, written notice shall be given and costs for inspection, if incurred by the City, shall be reimbursed within 3 days of presentation or the City may issue, unilaterally, a deductive Change Order crediting the same.

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6.36 APPRENTICES
A. The CONTRACTOR acknowledges and agrees that, if this Agreement involves a dollar amount greater than or a number of working days greater than that specified in Labor Code section1777.5, this Agreement is governed by the provisions of Labor Code section 1777.5. It shall be the responsibility of the CONTRACTOR to ensure compliance with this Article and with Labor Code section 1777.5 for all apprenticing occupations.

B. Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code.

C. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and shall be employed only at the Work of the craft or trade to which he or she is registered.

D. Only apprentices, as defined in section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing at section 3070), Division 3 of the Labor Code, are eligible to be employed on public works. The employment and training of each apprenticeship shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he or she is training.

E. Pursuant to Labor Code section 1777.5, the CONTRACTOR and any Subcontractors employing workers in any apprenticeship craft or trade in performing any Work under this Agreement shall apply to the applicable joint apprenticeship committee for a certificate approving the CONTRACTOR or Subcontractor under the applicable apprenticeship standards for the employment and training of apprentices.

F. Every CONTRACTOR and Subcontractor shall submit contract award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the Agreement, the number of apprentices to be employed and the approximate dates the apprentices will be employed.

G. If the CONTRACTOR or Subcontractor willfully fails to comply with Labor Code Section 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall:

1. Be denied the right to bid on any subsequent project for one year from the date of such determination; and

2. Forfeit as a penalty to the City fifty dollars ($50) per day for each calendar day of noncompliance, which shall be withheld from any payment due or to become due under the terms of this Agreement. Interpretation and enforcement of these provisions shall be in accordance with the rules and procedures of the California Apprenticeship Council.

H. The CONTRACTOR and all Subcontractors shall comply with Labor Code section 1777.6, which section forbids certain discriminatory practices in the employment of apprentices.

I. CONTRACTOR shall become fully acquainted with the law regarding apprentices prior to commencement of the Work. Special attention is directed to sections 1777.5, 1777.6, and 1777.7 of the Labor Code, and Title 8, California Code of Regulations, section 200 et seq.

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Questions may be directed to the State Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, California.

6.37 FIRST AID. The CONTRACTOR shall maintain emergency first aid treatment for CONTRACTOR's workers on the Project which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C.A., Sec. 651 et seq.).

6.38 PROTECTION OF PERSONS AND PROPERTY
A. The CONTRACTOR, (on behalf of itself, all Subcontractors and Suppliers (of every tier), shall be responsible for all damages to persons or property (whether furnished or installed, owned or not owned) that occur as a result of its fault or negligence in connection with the prosecution of this Agreement and shall take all necessary measures and be responsible for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. The CONTRACTOR shall remove all mud, water, or other elements as may be required for the proper protection and prosecution of its work, including the placement of gravel beds and gravel roads for access to and around the Work. CONTRACTOR shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions. All Work shall be solely at the CONTRACTOR's risk with the exception of damage to the Work caused by "acts of God" as defined in Public Contract Code Section 7105.

B. CONTRACTOR shall take, and require Subcontractors to take, all necessary precautions for the safety of workers and shall comply with all applicable federal, state, local and other safety laws, standards, orders, rules, regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to the Work site and to provide a safe and healthful place of employment. CONTRACTOR shall furnish, erect and properly maintain at all times, as directed by the City or Engineer or as required by the conditions and progress of Work, all necessary safety devices, safeguards, construction canopies, signs, audible devices for protection of the blind, safety rails, belts and nets, barriers, lights, and watchmen for protection of workers and the public and shall post danger signs warning against hazards created by such features in the course of construction. CONTRACTOR shall designate a responsible employee, whose duty shall be to post information regarding protection and obligations of workers and other notices required under occupational safety and health laws, to comply with reporting and other occupational safety requirements, and to protect the life, safety and health of workers. The name and position of the person so designated shall be reported in writing to the City by CONTRACTOR. CONTRACTOR shall correct any violations of safety laws, standards, orders, rules, or regulations. Upon the issuance of a citation or notice of violation by the Division of Occupational Safety and Health, such violation shall be corrected immediately by the CONTRACTOR at CONTRACTOR's expense.

C. In an emergency affecting safety of person or of Work or of adjoining property, CONTRACTOR, without special instruction or authorization from the City, architect or Engineer, is hereby permitted to act, at its discretion, to prevent such threatened loss or injury; and CONTRACTOR shall so act if so authorized or instructed by the City, architect or Engineer. Any compensation claimed by CONTRACTOR on account of emergency Work shall be determined by written agreement with the City.

D. CONTRACTOR shall take adequate precautions to protect existing roads, sidewalks, curbs, pavements, utilities, adjoining property, mailboxes (including temporary re-location) and structures (including, without limitation, protection from settlement or loss of lateral Resolution No. 2024-106
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support), and to avoid damage thereto, and repair any damage thereto caused by construction operations.

6.39 ACCESSIBILITY REQUIREMENTS: Construction shall be in conformance with all applicable codes per the Department of the State Architect, Title 24 Guidelines for Accessibility by Disabled Persons.

ARTICLE 7 – OTHER WORK

7.1 OTHER CONTRACTS
A. CONTRACTOR is aware that this Project site may be split into several phases, and or separate contracts. The City reserves the right to let other contracts in connection with this Work, and it shall be the duty of the CONTRACTOR to actively schedule and coordinate its Work with the City's forces, City's Contractor(s) and or other multiple prime contracts.

No extra costs or delays shall be considered as a result of any such scheduling, coordination and cooperation. CONTRACTOR shall afford other contractors reasonable opportunity for introduction and storage of their materials and execution of their Work and shall properly connect and coordinate its Work with such other contractors.

B. If any part of CONTRACTOR's Work depends for proper execution or results upon Work of any other Contractor, the CONTRACTOR shall inspect and promptly report to the City in writing any defects in such Work that render it unsuitable for such proper execution and results. CONTRACTOR will be held accountable for damages to the City for that Work which it failed to inspect or should have inspected. CONTRACTOR's failure to inspect and report shall constitute its acceptance of other CONTRACTOR's Work as fit and proper for reception of its Work, except as to defects which may develop in other CONTRACTOR’s Work after execution of CONTRACTOR's Work.

C. To ensure proper execution of its subsequent Work, CONTRACTOR shall measure and inspect Work already in place and shall at once report to the City in writing any discrepancy between executed Work and Project Documents.

D. It is the obligation of CONTRACTOR to ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by City in prosecution of the Project to the end that CONTRACTOR may perform this Agreement in the light of such other contracts, if any.

E. Nothing herein contained shall be interpreted as granting to CONTRACTOR exclusive occupancy at the site of the Project. CONTRACTOR shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the City shall decide which contractor shall cease Work temporarily and which contractor shall continue or whether Work can be coordinated so that contractors may proceed simultaneously.

F. If the Project is split into phases then CONTRACTOR has made allowances for any delays or damages which may arise from coordination with contractors for other phases. If any delays should arise from a contractor working on a different phase, CONTRACTOR's sole remedy for damages, including delay damages, shall be against the contractor who caused such damage and not the City. CONTRACTOR shall provide access to contractors for other phases as necessary to prevent delays and damages to contractors working on other phases of construction.

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7.2 INTEGRATION OF WORK
A. CONTRACTOR shall perform all cutting, fitting, patching, and preparation of Work as required to make its several parts come together properly, and fit it to receive or be received by Work of other contractors; including both the CONTRACTOR's and City's forces. In the event of clarifications, the CONTRACTOR shall follow all Supplemental Instructions (SI's) given by the City.

B. All costs caused by defective or ill-timed Work shall be borne by CONTRACTOR.

C. CONTRACTOR shall not endanger any Work by cutting, excavating, or otherwise altering Work and shall not cut or alter Work of any other CONTRACTOR without the written consent of the City. CONTRACTOR shall be solely responsible for protecting existing Work on adjacent properties and shall obtain all required permits for shoring and excavations near property lines.

D. When modifying existing Work or installing new Work adjacent to existing Work, CONTRACTOR shall match, as closely as conditions of the site and materials will allow, the finishes, textures, and colors of the original Work, refinishing existing Work as required, at no additional cost to the City.

ARTICLE 8 – THE CITY'S RESPONSIBILITIES

8.1 COMMUNICATIONS. Except as may be otherwise provided in these General Conditions or the Supplementary General Conditions, the City will communicate directly with the CONTRACTOR.

8.2 OBSERVATIONS ON THE SITE. The City will make observations on the Site during construction to monitor the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Project Documents. Neither, the City, the Engineer, nor their representatives will be required to make exhaustive or continuous inspections to check the quality or quantity of the Work.

8.3 PROJECT REPRESENTATION. The City may furnish a third party or a City employee to act as Resident Project Representative to assist in observing the performance of the Work.

8.4 CLARIFICATIONS, REQUESTS FOR INFORMATION. The City will issue with reasonable promptness such answers to requests for information (RFI) which shall be consistent with or reasonably inferable from the overall intent of the Project Documents.

8.5 AUTHORIZED VARIATIONS IN WORK. The City may authorize the execution of variations in the Work from the requirements of the Project Documents complying with Articles 10, 11, and 12 of these General Conditions that cover changes in the Work, Contract Price, and Contract Times.

8.6 REJECTING WORK. The City has the authority to reject Work not in accordance with the Contract Documents and will also have authority to require special inspection or testing of the Work as provided in Article 13.

8.7 CONTRACTOR SUBMITTALS, CHANGE ORDERS, AND PAYMENTS
A. The City will review all CONTRACTOR submittals.

B. The City's responsibilities for Change Orders are set forth in Articles 10, 11, and 12.

C. The City's responsibilities for Applications for Payment are set forth in Article 14.

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8.8 DECISIONS ON DISPUTES. The City will be the interpreter of the requirements of the Contract Documents and of the acceptability of the Work thereunder. Disputes, and other matters relating to the acceptability of the Work and interpretation of the requirements of the Contract Documents pertaining to the performance of the Work shall be determined by the City. Any requests from the CONTRACTOR with respect to changes in the Contract Price or Contract Times shall be resolved in accordance with the requirements set forth in Articles 10, 11, 12 and 17.

8.9 LIMITATION OF CITY'S RESPONSIBILITIES
A. Neither the City's authority to act under this Article or other provisions of the Contract Documents nor any decision made by the City in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the City to the CONTRACTOR, any Subcontractor, any Supplier, any surety for any of them, or any other person or organization performing any of the Work.

B. Whenever in the Project Documents the terms "as ordered," "as directed," "as required," "as allowed," "as reviewed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," or "satisfactory," or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of the City as to the Work, it is intended that such requirement, direction, review, or judgment will be solely to evaluate the Work for compliance with the requirements of the Project Documents, and conformance with the design concept of the completed Project as a functioning whole as indicated by the Project Documents, unless there is a specific statement indicating otherwise. The use of any such term or adjective shall not be effective to assign to the City any duty or authority to supervise or direct the performance of the Work.

C. The City shall not supervise, direct or have control or authority over, nor be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The City will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Project Documents.

8.10 LANDS, EASEMENTS, AND SURVEYS. The City's duties in respect of providing lands and easements and providing engineering survey data to establish reference points are set forth in Article 4

8.11 REPORTS AND DRAWINGS. The City will identify to the CONTRACTOR copies of reports of physical conditions at the Site and drawings of existing structures which have been utilized in preparing the Contract Documents, in the Supplementary General Conditions.

8.12 SUSPENSION OF Work. The City's right to stop Work or suspend Work is set forth in Article 15.

8.13 TERMINATION OF AGREEMENT. The City's right to terminate services of the Contractor is set forth in Article 15.

8.14 UNDISCLOSED HAZARDOUS ENVIRONMENTAL CONDITIONS. The City's responsibility with respect to an undisclosed hazardous environmental condition is set forth in Article 4.4.

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ARTICLE 9 – ENGINEER'S STATUS DURING CONSTRUCTION

9.1 THE ENGINEER OF WORK
A. The City may retain the Engineer of Work to assist the City with post-design services. The Engineer of Work's status during construction is addressed in the Supplemental General Conditions.

B. The Engineer will make observations on the Site during construction to monitor the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer will not be required to make exhaustive or continuous inspections to check the quality or quantity of the Work.

ARTICLE 10 – CHANGES IN THE WORK

10.1 GENERAL
A. CO, FO, CCD. Without invalidating the Agreement and without notice to any surety, the City may at any time or from time to time, order additions, deletions, or revisions in the Work. Such additions, deletions or revisions will be authorized by a Change Order (CO), Field Order (FO) or Construction Change Directive (CCD) as defined in Article 1. Upon receipt of any such document, notwithstanding the issuance, execution, and approval of a Change Order, CONTRACTOR shall promptly proceed to implement the additions, deletions, or revisions in the Work in accordance with the applicable conditions of the Contract Documents. A CO, FO and CCD may be issued to the CONTRACTOR at any time.

B. UNILATERAL CHANGE ORDER If the City and CONTRACTOR fail to agree to the quantification of costs and/or time to be placed into a Bilateral Change Order, the City, at its own discretion, may issue a Unilateral Change Order for those costs and/or time impacts that is deemed appropriate for the changed Work conditions. Notwithstanding the issuance, execution, and approval of a Change Order, the CONTRACTOR shall proceed immediately with the changed Work upon receipt of a Construction Change Directive (CCD), or Field Order (FO). Should the CONTRACTOR disagree with any terms and conditions set forth in an approved Unilateral Contract Change Order, the CONTRACTOR shall submit a written protest to the City within fifteen (15) days after the receipt of the approved Unilateral Contract Change Order. The protest shall state the points of disagreement, and, if possible, the Contract Specification references, quantities and costs involved. If a written protest is not submitted to the City, payment will be made as set forth in the approved Unilateral Contract Change Order, and that payment shall constitute full compensation for all Work included therein or required thereby. Unprotested, approved Unilateral Contract Change Orders will be considered as executed Contract Change Orders as that term is used in Articles 10, 11, and 12.

C. The CONTRACTOR shall not be entitled to an increase in the Contract Price nor an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified, or supplemented by Change Order, except in the case of an emergency.

D. If notice of any change in the Work is required to be given to a surety, the giving of any such notice shall be the CONTRACTOR's responsibility. If the change in the Work affects the Contract Price, the City may require an adjustment to the amount of any applicable Bond and the amount of each applicable Bond shall be adjusted accordingly.

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E. If the City and the CONTRACTOR are unable to agree as to the extent, if any, of an increase in the Contract Price or an extension or shortening of the Contract Times that may be allowed as a result of a Field Order, the City may direct the CONTRACTOR to proceed as outlined in Article 11.2. in order to minimize the impact on and delays to the Work, and the CONTRACTOR may make a claim as provided in Articles 11, 12 and 17.

F. The City of Escondido has the sole authority to approve or disapprove or to delegate the approval or disapproval of Contract Change Orders.

10.2 ALLOWABLE QUANTITY VARIATIONS
A. In the event of an increase or decrease in the quantity of any bid item under a unit price contract, the total amount of Work actually done or materials or equipment furnished will be paid for according to the unit price established for such Work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Price may be made for changes which result in an increase or decrease in excess of twenty-five percent (25%) of the estimated quantity of any unit price bid item of the Work.

B. In the event a part of the Work is to be entirely eliminated and no lump sum or unit price is named in the Contract Documents to cover such eliminated Work, the price of the eliminated Work shall be agreed upon by the City and the CONTRACTOR by Change Order. The schedule of values submitted by CONTRACTOR shall be referred to in evaluating the price to be reduced, but shall not be determinative unless both parties agree.

ARTICLE 11 – CHANGE OF CONTRACT PRICE

11.1 GENERAL
A. The Contract Price constitutes the total compensation payable to the CONTRACTOR for performing the Work. All duties, responsibilities, and obligations whether implied, inferred or express, assigned to or undertaken by the CONTRACTOR to complete the Work shall be at its expense without change in the Contract Price.

B. The Contract Price may only be changed by a Change Order. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following three ways:

1. UNIT PRICES. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved;

2. AGREED UPON LUMP SUM. By mutual acceptance of a lump sum, which may include an allowance for overhead and profit not necessarily in accordance with Article 11.4; or

3. COST OF WORK. On the basis of the cost of the Work, force account payment (determined as provided in Article 11.2) plus the CONTRACTOR's overhead and profit (determined as provided in Article 11.3).

C. AGREED ENTITLEMENT. When the City is in agreement regarding entitlement due the CONTRACTOR on a particular issue that the CONTRACTOR has brought to the attention of the City with a notice, and finds that there is a clear entitlement for additional compensation, the CONTRACTOR and the City will choose a method to be used for Resolution No. 2024-106
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calculating the value of the extra Work from the three methods described in Article

11.1.B.1, 2, or 3 above.

1. CHANGE USING UNIT PRICES METHOD. When a change in Contract Price using unit prices is applied, described in Article 11.1.B.1 (UNIT PRICES), a Field Order, signed by the City, will be given to the CONTRACTOR. The increase in line item quantities shall be tracked and documented in the daily extra Work report (Article 11.4) which must identify the quantities used/consumed/handled and shall be presented to the City's on-site representative on a daily basis for review, for pertinent comments, and counter-signature. The CONTRACTOR will invoice the City for the line item quantity used for the extra Work following the conditions of Article 14, "PAYMENTS TO CONTRACTOR, RETENTION AND
COMPLETION". A reconciliation Contract Change Order will be executed when the final quantities used are known. The Contract Change Order will account for the over or under amount of line item quantities.

2. CHANGE USING AGREED UPON LUMP SUM METHOD. When the payment method described in Article 11.1.B.2 (LUMP SUM) is used, a Field Order or a Contract Change Order, signed by the City, will be given to the CONTRACTOR.

The CONTRACTOR will invoice the City for the extra Work following the conditions of Article 14.

3. CHANGE USING FORCE ACCOUNT "COST OF Work" METHOD. When no agreement can be reached on the method of payment for the extra Work, the method described in Article 11.1.B.3 (COST OF WORK), force account payment (determined as provided in Article 11.2) shall be used. A Field Order will be given to the CONTRACTOR, signed by the City, describing the Work. The City reserves the right to place a "not to exceed" amount on the Field Order based on a City cost estimate. If the approximate value of the cost of extra Work approaches the "not to exceed" value, the CONTRACTOR shall notify the City in order that a further decision may be made as to how to proceed. When the extra Work is completed a Contract Change Order for the accumulated total value of the extra Work shall be executed, should the value of the Work exceed the Field Order allowance. The extra Work shall be documented in the Daily Extra Work Report (Article 11.4).

D. DISAGREEMENT REGARDING ENTITLEMENT. When there is no agreement between the CONTRACTOR and the City on an issue of Work that has not yet been started that the CONTRACTOR has brought to the City pursuant to Article 11.5 "CONTRACTOR SHALL PROVIDE NOTICE", and the City does not find that there is any entitlement for additional compensation due the CONTRACTOR, the Work in question may be designated "DISPUTED WORK". During the performance of any such "DISPUTED WORK" the CONTRACTOR shall:

1. Although not to be construed as proceeding under agreed-upon extra Work provisions, the CONTRACTOR shall keep and furnish records breaking down the Work as described in the following Article 11.2. Daily records shall be furnished according to Article 11.4.

2. The CONTRACTOR shall continue with the disputed Work according to Article

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11.2 COST OF WORK - FORCE ACCOUNT (BASED ON TIME AND MATERIALS) A. GENERAL: The term "cost of Work" means the sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment in the proper performance of extra Work. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall include the costs itemized in Article 11.3.D.1. to be compensated for as a part of the stipulated overhead and profit allowance.

B. LABOR: The costs of labor will be the actual cost for wages prevailing for each craft or type of workers performing the extra Work at the time the extra Work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers will be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foremen shall be proportioned to all of their assigned Work and only that applicable to extra Work shall be paid. Non-direct labor costs including superintendence shall be considered part of the markup set out in Article 11.3. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the CONTRACTOR to other workers operating similar equipment already on the Site, or in the absence of such labor, established by collective bargaining agreements for the type of workmen and location of the extra Work, whether or not the operator is actually covered by such an agreement.

C. MATERIALS: The cost of materials reported shall be at invoice or lowest current price at which materials are locally available and delivered to the Site in the quantities involved, plus the cost of freight, delivery and storage, subject to the following:

1. All trade discounts and rebates shall accrue to the City, and the CONTRACTOR shall make provisions so that they may be obtained;

2. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the City. Except for actual costs incurred in the handling of such materials, markup will not be allowed;

3. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra Work items or the current wholesale price for such materials delivered to the Site, whichever price is lower; and

4. If in the opinion of the City the cost of material is excessive, or the CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned delivered to the Site less trade discount. The City reserves the right to furnish materials for the extra Work and no claim will be allowed by the CONTRACTOR for costs and profit on such materials.

D. EQUIPMENT: The CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the current edition of the "Labor Surcharge and Equipment Rental Rates" published by the State of California Business, Transportation & Housing Agency (CALTRANS). Such rental rate will be used to compute payments for Resolution No. 2024-106
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equipment whether the equipment is under the CONTRACTOR's control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment will be the rate resulting in the least total cost to the City for the total period of use. If it is deemed necessary by the CONTRACTOR to use equipment not listed in the publication specified, an equitable rental rate for the equipment will be established by the City. The CONTRACTOR may furnish cost data which might assist the City in the establishment of the rental rate. Payment for equipment shall be subject to the following:

1. All equipment shall, in the opinion of the City, be in good working condition and suitable for the purpose for which the equipment is to be used;

2. Before construction equipment is used on the extra Work, the CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City a description of the equipment with its identifying number;

3. Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer;

4. Individual pieces of equipment or tools having a replacement value of $250 or less, whether or not consumed by use, will be considered to be small tools and no payment will be made therefore.

E. EQUIPMENT RENTAL TIME: The rental time to be paid for equipment on the Site will be the time the equipment is in productive operation on the extra Work being performed and, in addition, will include the time required to move the equipment to the location of the extra Work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on other than the extra Work, even though located at the Site of the extra Work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the Site of the extra Work on other than the extra Work. Rental time will not be allowed while equipment is inoperative due to breakdowns. The rental time of equipment on the Work site will be computed subject to the following:

1. When hourly rates are listed, any part of an hour less than thirty (30) minutes of operation will be considered to be half-hour (1/2 – hour) of operation, and any part of an hour in excess of 30 minutes will be considered 1 hour of operation;

2. When daily rates are listed, any part of a day less than 4 hours operation will be considered to be 1/2 – day of operation. When owner-operated equipment is used to perform extra Work to be paid for on a time and materials basis, the CONTRACTOR will be paid for the equipment and operator, as set forth in this Article.

3. Payment for the equipment will be made in accordance with the provisions in Article 11.

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F. SURETIES: All Work performed hereunder shall be subject to all of the provisions of the Contract Documents and the CONTRACTOR's sureties shall be bound with reference thereto as under the original Agreement. Copies of all amendments to Bonds or supplemental Bonds shall be submitted to the City for review prior to the performance of any Work hereunder.

11.3 OVERHEAD & PROFIT (O&P) PERCENTAGE SCHEDULE. The allowance for overhead and profit must not exceed the values in the Overhead & Profit Schedule table below.

A. For Change Orders, whether additive or deductive and work classified as Extra Work, the allowance for overhead and profit must include full compensation for superintendence, insurance premiums, bond premiums, taxes, field office expense, extended overhead, home office overhead, and any other items of expense e.g., Change Order estimating and preparation cost, claims preparation cost, schedule analysis, project management, and field engineering.

B. Extended overhead must be any and all costs incurred either in the field or at your office resulting from Extra Work excluding direct costs related to direct hourly labor, equipment, or materials necessary to complete the Extra Work.

C. Overhead & Profit Schedule table
O & P Schedule
Component Overhead Profit
Labor 10% 10%
Material 10% 5%
Equipment 10% 5%
Subcontractor Extra Work 3.5% 1.5%
D. Work paid under Allowance Bid items for permits, governmental fees, or direct payments specified in the Contract Documents will not be subject to any markups.

E. When all or any part of the Extra Work is performed by a Subcontractor, the allowance specified herein will be applied to the labor, materials, and equipment costs of the Subcontractor, to which you may add 5% of the Subcontractor's total cost for the Extra Work.

F. Regardless of the number of hierarchical tiers of Subcontractors, the 5% which is your allowance 3.5% (for overhead) and 1.5% (for profit) may be applied one time only to the performing Subcontractor’s total cost.

G. You will only be reimbursed, with 6% markup, for the warranty extensions beyond the time required by the Contract Documents if requested by the City.

H. The O&P Schedule shall be used for "Negotiated Sum" (described in Article 11.1.B.2) and/or "Time and Materials" (described in Article 11.1.B.3) Work. Unit Price Work shall not have the overhead and profit markup applied to the Work, on the basis that the Unit Price includes overhead and profit margins.

CONTRACTOR shall set up separate cost codes for each extra Work item and account for all labor, materials and equipment for each cost code. This includes using said cost codes for all labor expended on extra Work, and coding delivery tickets and P.O.'s as well. The same cost code shall appear on the daily report to account for labor, materials and Resolution No. 2024-106
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equipment devoted/used that day for each extra Work item. Failure to comply with this requirement shall be a waiver of the right to collect the same.

E. IT IS EXPRESSLY UNDERSTOOD THAT THE VALUE OF SUCH EXTRA WORK OR

CHANGES, AS DETERMINED BY ANY OF THE AFOREMENTIONED METHODS,

EXPRESSLY INCLUDES ANY AND ALL OF CONTRACTOR'S COSTS AND

EXPENSES, BOTH DIRECT AND INDIRECT, RESULTING FROM EFFORTS TO

IDENTIFY, QUOTE AND/OR NEGOTIATE THE CHANGE(S) AS WELL AS

ADDITIONAL TIME REQUIRED ON THE PROJECT, OR RESULTING FROM

DELAYS TO THE PROJECT, INCLUDING BUT NOT LIMITED TO

ACCELERATION, CUMULATIVE AFFECT OF THE CHANGE(S), EXPEDITING THE WORK, FRAGNETS, ETC.

NO RESERVATION OF RIGHTS, EXPRESS OR IMPLIED, WILL BE PERMITTED OR ALLOWED.

11.4 CONTRACTOR'S DAILY EXTRA WORK REPORT
A. General. At the close of each working day, the CONTRACTOR shall submit a daily report to the Inspector, on forms approved by the City, together with applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and for other services and expenditures when authorized concerning extra Work items. An attempt shall be made to reconcile the report daily, and the Inspector and the CONTRACTOR shall sign it. The report shall clearly differentiate between extra or disputed Work and Contract Work. In the event of disagreement, pertinent notes shall be entered by each party to explain points that cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the CONTRACTOR. The CONTRACTOR shall organize and forward copies of the CONTRACTOR's and Inspector's reports to the City upon the completion of each "Time and Material" activity.

B. CONTRACTOR shall maintain its records in such a manner as to provide a clear distinction between the direct costs of any extra Work and/or deductive Work and the original Contract Work. This requirement pertains to the costs for wholly or partially approved Change Order Requests (COR's), Construction Change Directives (CCD's), Change Orders (CO's), Field Orders (FO's), and Work CONTRACTOR considers to be potential Change Orders.

11.5 CONTRACTOR SHALL PROVIDE NOTICE. If the CONTRACTOR should claim that any instruction, request, drawing, specification, action, condition, omission, default, or other situation obligates the City to pay additional compensation to CONTRACTOR or to grant an extension of time, or constitutes a waiver of any provision in the Agreement, the CONTRACTOR shall provide written "Notice" to the City within 5 days after sustaining of such damage, or being notified of an adverse decision, and provide within 14 days of the event the factual basis supporting the claim (unless otherwise specified). For requests for additional compensation for alleged changed conditions, such as finding rock, notice shall be made before the condition instigating the notice is disturbed. The written "Notice" shall state the summary points for which the factual bases will support the claim and cite in detail the Project Documents (including plans and specifications) upon which the claim is to be based. CONTRACTOR's failure to notify the City within such a period shall be deemed a waiver and relinquishment of such a claim. If such notice is given within the specified time, the procedure for its consideration shall be as stated above in these General Conditions. In addition, on or before the end of the month for which the claim has been filed, the CONTRACTOR shall also file with the City the WAIVER AND RELEASE FORMS, for which the claim and the amount of the claim is identified. If the claim is Resolution No. 2024-106
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not indicated on the WAIVER AND RELEASE FORMS, CONTRACTOR's claim shall be forfeited and invalidated and it shall not be entitled to consideration for time or payment on account of any such claim.

11.6 COSTS RELATING TO WEATHER/ FORCE MAJEURE. The CONTRACTOR shall have no claims against the City for damages for any injury to Work, materials, or equipment, resulting from the action of the elements whether caused by weather, earthquakes, or other natural events. If, however, in the opinion of the City, the CONTRACTOR has made all reasonable efforts to protect the materials, equipment, and Work, the CONTRACTOR may be granted a reasonable extension of Contract Times to make proper repairs, renewals, and replacements of the Work, materials, or equipment. All costs incurred as a result of any force majeure, including abnormally or unusually severe weather, earthquakes or other natural perils shall not be compensable from the City and the risks associated therewith shall be exclusively borne by CONTRACTOR. To the extent CONTRACTOR elects to protect itself from any/all of said risks, it shall insure against the same.

ARTICLE 12 – CHANGE OF CONTRACT TIMES

12.1 GENERAL
A. Contract times are stated in the Notice Inviting Sealed Bids, Section 00030, The Public Improvement Agreement, and the Supplemental General Conditions, Section 00800, of these Contract Documents.

B. The Contract Times may only be changed by a Change Order. Any claim for an extension of the Contract Times shall be based on written notice delivered by the CONTRACTOR to the City promptly (but in no event later than 24 hours) after the start of the event giving rise to the claim and stating the general nature of the claim. Reference Article 11.5 "CONTRACTOR SHALL PROVIDE NOTICE". Notice of the extent of the claim with supporting data shall be delivered within 5 days after the start of such event (unless the City allows an additional period of time for the submission of additional or more accurate data in support of the claim) and shall be accompanied by the CONTRACTOR's written statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR is entitled as a result of said event. All claims for adjustment in the Contract Times will be determined by the City. No claim for an adjustment in the Contract Times will be valid if not submitted in accordance with the requirements of this Article 12.1.B. An increase in Contract Times does not mean that the CONTRACTOR is due an increase in Contract Price.

Only compensable time extensions will result in an increase in Contract Price.

C. Extra Work executed by the CONTRACTOR in conjunction, simultaneously or concurrently with the Work does not create a compensable time extension.

D. Extra Work executed by the CONTRACTOR during Contract Schedule Float does not create a compensable time extension.

E. The value of time expended on extra Work is fully compensated by the markups for overhead and profit found on the table in Article 11.3.

F. All time limits stated in the Contract Documents are of the essence of the Agreement.

G. When CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost on the critical path of the Work due to such delay, if a claim is made therefore as provided in Article

12.1.B. Delays beyond the control of CONTRACTOR shall include, but not be limited Resolution No. 2024-106
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to, acts or neglect by the City; acts or neglect of those performing other Work as contemplated by Article 7; and fires, floods, epidemics, abnormal weather conditions, or acts of God. Delays attributable to and within the control of any Subcontractor or Supplier (of any tier) shall be deemed to be delays within the control of the CONTRACTOR.

H. In no event will the City be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for any increase in the Contract Price or other damages arising out or resulting from the following:

1. Delays caused by or within the control of CONTRACTOR;

2. Delays beyond the control of both the City and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by those performing other Work as contemplated by Article 7; or

3. City-caused/responsible delays, concurrent with items 1 and/or 2 above.

12.2 EXTENSIONS OF CONTRACT TIMES FOR DELAY DUE TO WEATHER. The CONTRACTOR's construction schedule shall anticipate delay due to seasonal weather.

12.3 OWNERSHIP OF PROJECT SCHEDULE FLOAT/EARLY COMPLETION SCHEDULE A. Total Float is the number of days by which a part of the Work in the Construction Schedule may be delayed from its early dates without necessarily extending the Contract Time.

Contract Float is the number of days between the CONTRACTOR's anticipated date for early completion of the Work, or specified part, and the corresponding Contract Time.

Total float and Contract Float belong to the Project and are not for the exclusive benefit of any party. They shall be available to the City, the construction manager, their consultants, or the CONTRACTOR, to accommodate changes in the Work, or to mitigate the effects of events which may delay performance or completion. The City will monitor and optimize the use of float for the benefit of the Project.

B. IF CONTRACTOR SUBMITS A REVISED SCHEDULE SHOWING AN EARLIER

COMPLETION DATE FOR THE PROJECT, THE CITY'S ACCEPTANCE OF THIS

REVISED SCHEDULE SHALL NOT ENTITLE CONTRACTOR TO ANY DELAY CLAIM OR DAMAGES DUE TO ANY SUCH REVISED SCHEDULE.

CONTRACTOR AND ALL SUBCONTRACTORS SHALL INCLUDE, AS DEEMED

APPROPRIATE, SUFFICIENT AMOUNTS TO COVER THE HOME OFFICE AND

FIELD OVERHEAD COSTS COMMENSURATE WITH THE PUBLISHED
CONTRACT DURATION. FAILURE TO INCLUDE OVERHEAD COSTS IN THEIR

BIDS THROUGH THE CONTRACT DURATION SHALL BE AT THE RISK OF CONTRACTOR AND ITS SUBCONTRACTORS.

12.4 EXTENSION OF TIME - LIQUIDATED DAMAGES
A. The CONTRACTOR and the City hereby agree that the exact amount of damages for failure to complete the Work within the time specified is extremely difficult or impossible to determine. CONTRACTOR shall be assessed the sum set forth in the Agreement, as liquidated damages for each and every day the Work required under the Project Documents remains unfinished past the time for completion, as set forth in the Agreement, and any extensions of time granted by the City to the CONTRACTOR under the terms of the Project Documents. The CONTRACTOR will pay to the City or the City may retain from amounts otherwise payable to the CONTRACTOR, said amount for each day after failure to meet the requirements of the contract completion as scheduled in the Agreement. For purposes of this article, the Work shall be considered "complete" in accordance with these General Conditions, except that the Work may be considered Resolution No. 2024-106
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complete without formal acceptance by the City Council so long as the City Council, at its next regularly scheduled meeting, accepts the Work.

B. CONTRACTOR shall not be charged for liquidated damages, as set forth above, because of any delays in completion of Work which are not the fault or negligence of CONTRACTOR, including but not restricted to acts of God, as long as CONTRACTOR informs City of such events. As soon as CONTRACTOR become aware of any delay and no later than 14 days from the commencement of the delay, CONTRACTOR shall notify the City in writing of causes of delay in accordance with the contract scheduling specifications. CONTRACTOR shall provide documentation and justification to substantiate the delay and its relation to the Project's critical path. Extension of time shall apply only to that portion of Work affected by the delay, and shall not apply to other portions of Work not so affected.

ARTICLE 13 – INSPECTIONS AND TESTS; CORRECTION, REMOVAL, OR ACCEPTANCE

OF DEFECTIVE WORK

13.1 AUTHORITY OF INSPECTOR. Any Work performed by the CONTRACTOR upon the instructions or comments by the Inspector may be confirmed by the CONTRACTOR, at the CONTRACTOR's option, in writing by the City. Any extra Work performed without the written instruction of the City shall be at CONTRACTOR's sole cost and expense and there will be no delay damages incurred by City for such Work.

13.2 INSPECTION. No Work shall be carried on except with the knowledge of the Inspector(s). The Inspector shall have free access to any or all parts of Work at any time. CONTRACTOR shall furnish Inspector reasonable opportunities for obtaining such information as may be necessary to keep Inspector fully informed respecting progress and manner of Work and character of materials. Inspection of Work shall not relieve CONTRACTOR from any obligation to fulfill the Project Documents. Inspector shall have authority to stop Work whenever provisions of Project Documents are not being complied with and such noncompliance is discovered. CONTRACTOR shall instruct its employees accordingly.

13.3 NOTICE OF DEFECTIVE Work. Prompt notice of Defective Work known to the City will be given to the CONTRACTOR. Defective Work discovered or uncovered will be noticed to the CONTRACTOR as soon as practicable. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13. Defective Work may be rejected even if approved by prior inspection.

13.4 ACCESS TO WORK. The City, Engineer, their consultants, subconsultants, other representatives and personnel of the City, independent testing laboratories, and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access, including sheeting and shoring as may be necessary, and advise them of CONTRACTOR's Site safety procedures, and programs so that they may comply therewith as applicable.

13.5 INSPECTIONS AND TESTS
A. The CONTRACTOR shall give the City not less than 2 working days notice of readiness of the Work for all required general inspections, tests, or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Specialty inspections shall be scheduled 7 days in advance.

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B. The City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except:

1. For inspection, tests, or approvals covered by Articles 13.5.C. and 13.5.D. below;

2. That costs incurred in connection with tests or inspections conducted pursuant to Article 13.5.G. shall be paid for by the CONTRACTOR.

C. If Laws and Regulations of any public body having jurisdiction require any Work (or any part thereof) to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals; pay all costs in connection therewith; and furnish the City the required certificates of inspection or approval.

D. The CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for the City's acceptance of materials or equipment to be incorporated in the Work or acceptance of materials, mix designs, or equipment submitted for approval prior to the CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to the City.

E. The City will make, or have made, such inspections and tests as the City deems necessary to see that the Work is being accomplished in accordance with the requirements of the Contract Documents. Unless otherwise specified in the Supplementary General Conditions, the cost of such inspection and testing will be borne by the City. In the event such inspections or tests reveal non-compliance with the requirements of the Contract Documents, the CONTRACTOR shall bear the cost of corrective measures deemed necessary by the City, as well as the cost of subsequent reinspection and retesting. Neither observations by the Engineer nor inspections, tests, or approvals by others shall relieve the CONTRACTOR from the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents.

F. If any Work that is to be inspected, tested, or approved is covered without written concurrence of the City, it must, if requested by the City, be uncovered for observation.

Such uncovering shall be at the CONTRACTOR's expense.

G. If any Work is covered contrary to the written request of the City, it must, if requested by the City, be uncovered for the City's observation and recovered at the CONTRACTOR's expense.

H. If the City considers it necessary or advisable that covered Work be observed by the City or inspected or tested by others, the CONTRACTOR, at the City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as the City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is Defective Work, the CONTRACTOR shall bear all direct, indirect, and consequential costs and damages of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction, including but not limited to, fees and charges of engineers, architects, attorneys, and other professionals.

However, if such Work is not found to be Defective Work, the CONTRACTOR will be allowed an increase in the Contract Price, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, the CONTRACTOR may make a request for additional compensation therefore as provided in Articles 10, 11 and 12.

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I. All initial tests shall be performed under the direction of the City. All re-testing due to failure shall be performed under the direction of the City, and the cost of all re-testing shall be borne by the CONTRACTOR. The costs and potential loss of productivity to accommodate re-testing shall be borne by the CONTRACTOR.

J. A City Inspector, or designee, may be required on the job site at all times Work is in progress as determined by the City. Inspection will be required by the appropriate agency for the following type of Work: trenching, special or sand bedding, laying pipe, any welding, backfill, compaction and pavement replacement. Special Work hours required by the Contract are considered normal hours.

13.6 THE CITY MAY STOP THE WORK. If Defective Work is identified, the City may order the CONTRACTOR to stop performance of the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the CONTRACTOR or any other party.

13.7 CORRECTION OR REMOVAL OF DEFECTIVE WORK. If required by the City, the CONTRACTOR shall promptly either correct all Defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by the Engineer, remove it from the Site and replace it with non-defective Work. The CONTRACTOR shall bear all direct, indirect, and consequential costs and damages of such correction or removal, including but not limited to fees and charges of engineers, architects, attorneys, and other professionals made necessary thereby.

13.8 ACCEPTANCE OF DEFECTIVE WORK. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept the Defective Work, the City may do so.

The CONTRACTOR shall bear all direct, indirect, and consequential costs attributable to the City's evaluation of and determination to accept such Defective Work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price.

13.9 THE CITY MAY CORRECT DEFECTIVE WORK
A. If the CONTRACTOR fails within a reasonable time after written notice from the City to correct Defective Work, or to remove and replace Defective Work as required by the City in accordance with Article 13.7, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the City may, after 7 days written notice to the CONTRACTOR, correct and remedy any such deficiency.

B. In exercising the rights and remedies under this paragraph, the City shall proceed with corrective and remedial action. In connection with such corrective and remedial action, the City may exclude the CONTRACTOR from all or part of the Site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto and incorporate in the Work all materials and equipment for which the City has paid the CONTRACTOR whether stored at the Site or elsewhere. The CONTRACTOR shall provide the City, City's representatives, Engineer, and Engineer's consultants access to the Site to enable the City to exercise the rights and remedies under this Article.

B. All direct, indirect, and consequential costs and damages incurred by the City in exercising the rights and remedies under this paragraph will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate Resolution No. 2024-106
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decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, the City may make a claim therefore as provided in Article 11. Such claim will include, but not be limited to, all costs of repair or replacement of Work of others, destroyed or damaged by correction, removal, or replacement of CONTRACTOR's Defective Work and all direct, indirect, and consequential damages associated therewith.

D. The CONTRACTOR shall not be allowed an extension of Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by the City of the City's rights and remedies under this paragraph.

13.10 CORRECTION PERIOD
A. The correction period for Defective Work shall be the longer of:

1. One year after the date of final acceptance;

2. Such time as may be prescribed by Laws and Regulations;

3. Such time as specified by the terms of any applicable special guarantee required by the Contract Documents; or

4. Such time as specified by any specific provision of the Contract Documents.

B. If, during the correction period as defined in Article 13.10A above, any Work is found to be Defective Work, the City shall have the same remedies as set forth in Articles 13.7, 13.8, and 13.9 above.

C. Where Defective Work (and damage to other Work resulting therefrom) has been corrected, removed, or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of 1 year after such correction or removal and replacement has been satisfactorily completed.

ARTICLE 14 – PAYMENTS TO CONTRACTOR, RETENTION AND COMPLETION

14.1 APPLICATION FOR PROGRESS PAYMENT
A. On the 25th of each month, the CONTRACTOR shall submit to the City for review, the Application for Payment filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application for Payment and accompanied by the appropriate waiver(s) and release upon "Progress Payment" and such supporting documentation as is required by the Project Documents.

B. The Application for Payment shall identify, as a subtotal, the estimated amount of the CONTRACTOR total earnings to date; plus the value of materials stored at the Site, pursuant to Article 14.1.K, which have not yet been incorporated in the Work; and less a deductive adjustment for materials installed which were not previously incorporated in the Work, but for which payment was allowed under the provisions for payment for materials stored at the Site, but not yet incorporated in the Work.

C. The net payment due the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted five percent (5%) retention and the total amount of all previous payments made to the CONTRACTOR. The City shall have the right to issue joint checks to CONTRACTOR and SUBCONTRACTOR and/or Suppliers.

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D. Work completed as estimated shall be an estimate only and no inaccuracy or error in said estimate shall operate to release CONTRACTOR or Surety from any damages arising from such Work or from enforcing each and every provision of this Agreement, and the City shall have the right subsequently to correct any error made in any estimate for payment.

E. CONTRACTOR SHALL NOT BE ENTITLED TO HAVE ANY PAYMENT

ESTIMATES PROCESSED OR BE ENTITLED TO HAVE ANY PAYMENT FOR

WORK PERFORMED SO LONG AS ANY LAWFUL OR PROPER DIRECTION

CONCERNING WORK, OR ANY PORTION THEREOF, GIVEN BY THE CITY OR ENGINEER SHALL REMAIN UNCOMPLIED WITH BY THE CONTRACTOR.

F. The City has discretion to require from the CONTRACTOR any of the following information with the application for payment:

1. Certified payroll covering the period of the prior application for payment;

2. Unconditional waivers and releases from all Subcontractors/suppliers for which payment was requested under the prior application(s) for payment;

3. Receipts or bills of sale for any items.

4. Signature of the Inspector, confirming that the maintenance of the Record Drawings is being kept up-to-date, and that the Record Drawings are not being used as a construction set.

G. NO PAYMENT BY THE CITY HEREUNDER SHALL BE INTERPRETED TO IMPLY

THAT THE CITY HAS INSPECTED, APPROVED, OR ACCEPTED ANY PART OF THE WORK. The final payment of 5% of the value of the Work done under this Agreement, if unencumbered, shall be made within 55 days after the City records the Notice of Completion. ACCEPTANCE WILL BE MADE ONLY BY ACTION OF THE ESCONDIDO CITY COUNCIL.

H. Payments for Change Order items can be included into the monthly progress payments, only after the Change Order has been fully executed and approved by the CITY and the CONTRACTOR, and only to the extent that Change Order Work has been performed.

I. The value of materials stored at the Site shall be an amount based upon the value of all acceptable materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing; provided, each such individual item has a value of more than $5,000 and will become a permanent part of the Work. The Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the City's interest therein, all of which will be satisfactory to the City.

J. Unless otherwise provided, on or before making request for final payment of the undisputed amount due under the Agreement, CONTRACTOR shall submit to the City, in writing a summary of all claims for compensation under or arising out of this Agreement which were timely submitted. The acceptance by CONTRACTOR of the payment of the final amount shall constitute a waiver of all claims against the City under or arising out of this Agreement, except those previously made, in a timely manner and in writing, and identified by CONTRACTOR as unsettled at the time of CONTRACTOR's final request for payment.

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K. Materials included in the progress payments shall be stored properly and protected as required to prevent damage, including but not limited to, rust, dents, scratches, and decay.

Materials stored on-site and subject to payment, shall be gated and secured to prevent theft and/or vandalism. When the CONTRACTOR requests payment for materials not incorporated in the Work, the following terms and conditions shall apply:

1. For permanent materials delivered to the project site, or stored in an approved location off-site, an allowance of one-hundred percent (100%) of the material costs plus freight charges as invoiced may be made. The allowance will be base upon validated invoices or bills for such materials, including freight charges, and a copy thereof shall be made a part of the documented records for the project. All permanent materials approved for payment will have been tested by the City for compliance with the requirements of the Project Documents. Payment will only be made for permanent materials that conform to the requirements of the Project Documents.

2. No allowance shall be made for fuels, form lumber, falsework, temporary structures or other materials of any kind that will not become an integral part of the finished contraction.

3. All permanent materials, for which an allowance is requested, shall be stored in an approved manner where damage is not likely to occur. If any of the stored materials are lost or become damaged in any manner, CONTRACTOR shall be responsible for repairing or replacement of such damaged materials. The value of the lost or damaged materials shall be deducted from the CONTRACTOR's subsequent progress payments until replacement has been accomplished.

4. Permanent materials, for which payment has been made, either wholly or partially, shall not be removed from the approved location until such time that it is incorporated into the Work, unless approved by the City and/or the Engineer.

5. The following must accompany the written request for payment of stored materials:
a. Consent of the Surety specifying the material type and the bid items in which the material is to be used.
b. Validating invoices showing that payment for the material has been made. c. A written statement from CONTRACTOR attesting that the invoices, as submitted do not include charges and/or fees for placing, handling, erecting or any other charges and/or markups other than the actual material cost, sales tax if applicable, and freight charges.
d. Bill of lading showing delivery of the material.
e. Inspection test reports, and certifications if required by the Contract Documents.
f. CONTRACTOR shall obtain a negotiable warehouse receipt, endorsed over to the City for materials and/or equipment stored in an off-site warehouse.
g. Certificate of insurance clearly indicating that the materials or equipment is fully insured against theft, fire, vandalism, malicious mischief, as well as other coverage required under the Project Documents.

6. Nothing in these General Conditions shall be interpreted as requiring the City to pay for stored materials. The City shall decide on a case-by-case basis whether stored materials can be paid for. Some factors the City will consider are:

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CONTRACTOR's ability to meet the Project Schedule and milestones, the effectiveness of CONTRACTOR's quality control plan, how record drawings are being maintained and kept up, the status of the material submittals, and the ongoing cleanliness of the Project and the Project Site. No payment will be made for stored materials that have not been submitted and accepted.

7. If the permanent materials are stored off-site, CONTRACTOR must pay the City's representative's transportation and lodging to see the permanent materials.

8. Full title to the materials and/or equipment shall vest with the City at the time of delivery to the site, warehouse or other storage location.

14.2 UNIT PRICE BID SCHEDULE. Progress payments on account of unit price Work will be based on the number of units completed as determined by the City and/or its representative.

14.3 SCHEDULE OF VALUES (LUMP SUM PRICE BREAKDOWN)
A. CONTRACTOR shall furnish on a form approved by the City:

1. Within 10 days of award of the contract and commensurate with the specification section entitled CONSTRUCTION SCHEDULES, provide a detailed preliminary estimate giving a complete breakdown of contract price for each area of the project and/or site, which shall include all Subcontractor/supplier agreements showing the dollar amounts of these agreements to justify the schedule of values, and showing separate line items for the material cost(s) and installation cost(s).

2. A periodical itemized estimate of Work done for purpose of making partial payments thereon, that is until the cost loaded CPM construction schedule has been developed (if required by the Contract).

3. Within 10 days of a request by City, a schedule of estimated monthly payments which shall be due CONTRACTOR under the Agreement.

B. Values employed in making up any of these schedules are subject to the City's written approval and will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from contract price.

1. Unless otherwise agreed in writing, payment for CONTRACTOR's mobilization costs shall be cost loaded as follows:

Mobilization Payment Schedule
Upon Mobilization 50% of Mobilization item may be billed for bonding, insurance and yard set-up costs
25% 10% of Mobilization item may be billed
50% 10% of Mobilization item may be billed
75% 10% of Mobilization item may be billed
100% (clean up completed) 20% remaining to pay for de mobilization

14.4 ALLOWANCES
A. The following costs shall be included in all allowances;

1. Cost of the product to CONTRACTOR or Subcontractor, less applicable trade discounts.

2. Delivery to the site.

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3. Applicable taxes.

B. CONTRACTOR costs included in the Contract Sum include, but are not limited to;

1. Arrangement of product(s) shipping and handling at site, including unloading, uncrating, and storage.

2. Protection of products from the elements and from damage.

3. Labor for installation, adjustments and finishing products.

4. Product warranties.

5. Scheduling changes and updates.

6. Other expenses required to complete installation.

7. CONTRACTOR and Subcontractor(s) overhead and profit.

C. The adjustments in costs will be made if the net cost is more or less than the specified amount of the allowance. The net cost of the adjustment shall be the amount of the difference between the specified allowance and the actual cost of the material, with the exception of a not-to-exceed fifteen percent (15%) mark-up for overhead and profit. The Contract Sum will be adjusted by Change Order.

1. Submit any claims for anticipated additional costs, or other expenses caused by the selection of the allowance, prior to execution of the Work.

2. Submit documentation for actual additional costs, or other expenses caused by the selection the allowance, prior to execution of the Work.

3. Failure to submit claims within the designated time will constitute a waiver of claims for additional costs.

D. City may separately bid the materials, subject to the specified allowances. The successful bidder will be assigned to CONTRACTOR, and shall be considered a Subcontractor to the CONTRACTOR. Upon assignment, the CONTRACTOR shall all make the necessary submittals, prepare necessary shop drawings and coordinate all related Work.

CONTRACTOR shall make all necessary adjustments and revisions to the Project Schedule for such allowances and Subcontractor assignments.

14.5 WAIVER, CONDITIONAL RELEASE, RELEASE OF CLAIMS
A. Commensurate with the statutes of Public Contract Code section 7100 et seq., provisions in public works contracts with public entities which provide that acceptance of a payment otherwise due a CONTRACTOR is a waiver of all claims against the public entity arising out of the Work performed under the contract or which condition the right to payment upon submission of a release by the CONTRACTOR of all claims against the public entity arising out of performance of the public Work are against public policy and null and void.

This section shall not prohibit a public entity from placing in a public works contract and enforcing a contract provision which provides that payment of undisputed contract amounts is contingent upon the CONTRACTOR furnishing the public entity with a release of all claims against the public entity arising by virtue of the public works contract related to those amounts. The CONTRACTOR from the operation of the release may specifically exclude disputed contract claims in stated amounts.

B. Neither the City nor original CONTRACTOR by any term of their contract, or otherwise, shall waive, affect, or impair the claims and liens of other persons whether with or without notice except by their written consent, and any term of the contract to that effect Resolution No. 2024-106
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shall be null and void. Any written consent given by any claimant pursuant to this subdivision shall be null, void, and unenforceable unless and until the claimant executes and delivers a waiver and release. Such a waiver and release shall be binding and effective to release the City, construction lender, and surety on a payment bond from claims and liens only if the waiver and release follows substantially one of the forms set forth in this section and is signed by the claimant or his or her authorized agent, and, in the case of a conditional release, there is evidence of payment to the claimant. Evidence of payment may be by the claimant's endorsement on a single or joint payee check that has been paid by the bank upon which it was drawn or by written acknowledgment of payment given by the claimant.

C. No oral or written statement purporting to waive, release, impair or otherwise adversely affect a claim is enforceable or creates any estoppel or impairment of a claim unless:

1. It is pursuant to a waiver and release prescribed herein, or

2. The claimant had actually received payment in full for the claim.

D. This section does not affect the enforceability of either an accord and satisfaction regarding a bona fide dispute or any agreement made in settlement of an action pending in any court provided the accord and satisfaction or agreement and settlement make specific reference to the, stop notice, or bond claims.

E. The waiver and release given by any claimant hereunder shall be null, void, and unenforceable unless it follows substantially the following forms in the following circumstances. Each waiver in this provision shall contain the following language, in at least as large a type as the largest type otherwise on the document:
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1. Where the claimant is required to execute a waiver and release in exchange for, or in order to induce the payment of, a progress payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall follow substantially the form:

CONDITIONAL WAIVER AND RELEASE UPON "PROGRESS PAYMENT"
Upon receipt by the undersigned of a check from:
(Maker of Check)
in the sum of $ payable to: (Amount of Check)
(Payee or Payees of Check)
and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of
located at:
(CITY) (Job Description)
to the following extent. This release covers a progress payment for labor, services, equipment, or material furnished to
through:
(Your Customer) (Date)
only and does not cover any retention's retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date.

Rights based upon Work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Before any recipient of the document relies on it, said party should verify evidence of payment to the undersigned. (Company Name) (Date)
By:
(Title)
Exclusions: Listing of Claims, of which Notice has been given:

1. Claim for: In the amount of: $

2. Claim for: In the amount of: $

3. Claim for: In the amount of: $

4. Claim for: In the amount of: $

5. Claim for: In the amount of: $
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2. Where the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a progress payment and the claimant asserts in the waiver it has, in fact, been paid the progress payment, the waiver and release shall follow substantially the following form:

UNCONDITIONAL WAIVER AND RELEASE UPON "PROGRESS PAYMENT" The undersigned has been paid and has received a progress payment in the sum of $ labor, services, equipment, or material furnished to
for
(Your Customer)
on the job of: located at:
(CITY) (Job Description)
and does hereby release any mechanic's lien, stop notice, or bond right that the undersigned has on the above referenced job to the following extent. This release covers a progress payment for labor, services, equipment, or materials furnished to
through:
(Your Customer) (Date)
only and does not cover any retention's retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date.

Rights based upon Work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. (Company Name) (Date)
By:
(Title)
Exclusions: Listing of Claims, of which Notice has been given:

1. Claim for: In the amount of: $

2. Claim for: In the amount of: $

3. Claim for: In the amount of: $

4. Claim for: In the amount of: $

5. Claim for: In the amount of: $
"NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT

IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM."
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3. Where the claimant is required to execute a waiver and release in exchange for, or in order to induce the payment of, a final payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall follow substantially the form:

CONDITIONAL WAIVER AND RELEASE UPON "FINAL PAYMENT"
Upon receipt by the undersigned of a check from
in the sum of $ payable to:
and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of
located at:
(CITY) (Job Description)
This release covers the final payment to the undersigned for all labor, services, equipment, or material furnished on the job, except for disputed claims for additional Work in the amount of $
Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned.
(Company Name) (Date)
By:
(Title)
Exclusions: Listing of Claims, of which Notice has been given:

1. Claim for: In the amount of: $

2. Claim for: In the amount of: $

3. Claim for: In the amount of: $

4. Claim for: In the amount of: $

5. Claim for: In the amount of: $
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4. Where the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a final payment and the claimant asserts in the waiver it has, in fact, been paid the final payment, the waiver and release shall follow substantially the form:

UNCONDITIONAL WAIVER AND RELEASE UPON "FINAL PAYMENT"
The undersigned has been paid in full for all labor, services, equipment or material furnished to:
(Your Customer)
on the job of: located at:
(CITY) (Job Description)
and does hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra Work in the amount of $ _.
(Company Name) (Date)
By:
(Title)
Exclusions: Listing of Claims, of which Notice has been given:

1. Claim for: In the amount of: $

2. Claim for: In the amount of: $

3. Claim for: In the amount of: $

4. Claim for: In the amount of: $

5. Claim for: In the amount of: $
"NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT

IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM."
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14.6 RETENTION. The City shall retain 5% percent of the estimated value of the Work done as part security for the fulfillment of the CONTRACT by the CONTRACTOR.

14.7 SUBSTITUTION OF SECURITIES, ESCROW ACCOUNT
A. Pursuant to the requirements of Public Contract Code Section 22300, upon CONTRACTOR's request, the City will make payment to CONTRACTOR of any earned retention funds withheld from payments under this Agreement if CONTRACTOR deposits with the City or in escrow with a California or federally chartered bank acceptable to the City, securities eligible for the investment pursuant to Government Code Section 16430 or bank or savings and loan certificates of deposit, upon the following conditions:

1. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

2. All expenses relating to the substitution of securities under Section 22300 and under this Article, including, but not limited to the City's overhead and administrative expenses, and expenses of the escrow agent shall be the responsibility of the CONTRACTOR.

3. If CONTRACTOR shall choose to enter into an escrow agreement, such agreement form shall be provided by the City upon request, and which shall allow for the conversion to cash to provide funds to meet defaults by the CONTRACTOR including, but not limited to, termination of the CONTRACTOR's control over the Work, stop notices filed pursuant to law, assessment of liquidated damages or amounts to be kept or retained under the provisions of the Project Documents.

4. Securities, if any, shall be returned to CONTRACTOR only upon satisfactory completion of the Agreement.

B. To minimize the expense caused by such substitution of securities, CONTRACTOR shall, prior to or at the time CONTRACTOR requests to substitute security, deposit sufficient security to cover the entire amount to be then withheld and to be withheld under the General Conditions of this Agreement. Should the value of such substituted security at any time fall below the amount for which it was substituted, or any other amount which the City determines to withhold, CONTRACTOR shall immediately and at CONTRACTOR's expense deposit additional security qualifying under Section 22300 until the total security deposited is no less than equivalent to the amount subject to withholding under the Agreement.

C. In the alternative, under Section 22300, the CONTRACTOR may request City to make payment of earned retentions directly to the escrow agent at the expense of the CONTRACTOR. Also at the CONTRACTOR's expense, the CONTRACTOR may direct investment of the payments in securities, and the CONTRACTOR shall receive interest earned on such investment upon the same conditions as provided for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by escrow agent from the City pursuant to the terms of Section 22300. If CONTRACTOR elects to receive interest on monies withheld in retention by the City, CONTRACTOR shall, at the request of any subcontractor, make that option available to the subcontractor regarding any monies withheld in retention by the CONTRACTOR from the subcontractor. If the CONTRACTOR elects to receive any interest on any monies withheld in retention by the City, then the subcontractor shall receive the identical rate of interest received by the Resolution No. 2024-106
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Contractor on any retention monies withheld from the subcontractor by the CONTRACTOR, less any actual pro rata costs associated with administering and calculating that interest. In the event the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If the CONTRACTOR elects to substitute securities in lieu of retention, then, by mutual consent of the CONTRACTOR and subcontractor, the subcontractor may substitute securities in exchange for the release of monies held in retention by CONTRACTOR. This shall apply only to those subcontractors performing more than five percent (5%) of the CONTRACTOR's total bid. The CONTRACTOR shall not require any subcontractor to waive any provision of this section.

D. If any provision of this Article shall be found to be illegal or unenforceable, then, notwithstanding, the remainder of this Article shall remain in full force and effect, and only such provision shall be deemed stricken.

14.8 CONTRACTOR'S WARRANTY OF TITLE, ASSIGNMENT OF ANTITRUST ACTIONS.

A. Public Contract Code Section 7103.5 provides:

1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or Subcontractor offers and agrees to assign to the awarding body (the City) all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties.

2. CONTRACTOR, for itself and all Subcontractors, agrees to assign to the City all rights, title, and interest in and to all such causes of action CONTRACTOR and all Subcontractors may have under the Agreement. This assignment shall become effective at the time the City tenders final payment to the CONTRACTOR, and CONTRACTOR shall require assignments from all Subcontractors to comply herewith.

14.9 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT
A. The City's designee will, within 7 days after receipt of each Application for Payment, either indicate approval by counter-signature on the application for progress payment, or return the application to the CONTRACTOR indicating in writing the City's reasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the application. 30 days after presentation of the Application for Payment with the City's recommendation, the amount recommended will become due and when due, will be paid by the City to the CONTRACTOR.

B. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to CONTRACTOR, as in its judgment may be necessary to cover:

1. Payments which may be past due and payable for just claims against CONTRACTOR or any Subcontractors, or against and about the performance of Work on the Project.

2. The cost of defective or incomplete or damaged Work which CONTRACTOR has not remedied.

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3. Liquidated damages assessed against CONTRACTOR.

4. Penalties for violation of labor laws.

5. The cost of materials ordered by the City pursuant to Article 13.

6. The cost of completion of this Agreement if there exists a reasonable doubt that this Agreement can be completed for the balance then unpaid to CONTRACTOR.

7. Damage caused by CONTRACTOR to another contractor.

8. Site clean-up provided by the City (or others on contract to the city) on behalf of the CONTRACTOR for failure of the CONTRACTOR to provide timely and adequate clean up as required by the Project Documents, in the opinion of the City.

9. Payments to indemnify, defend, or hold harmless the City.

10. Any payments due to the City including but not limited to payments for failed tests, utilities or imperfections.

11. Extra services for the Engineer, including but not limited to, services rendered in the evaluation of CONTRACTOR substitution requests, Requests For Information (RFI's), Change Order Requests (COR's) and Claims.

12. Extra services for the INSPECTOR including but not limited to re-inspection required due to CONTRACTOR's failed tests or installation of unapproved or defective materials and CONTRACTOR's requests for inspection and CONTRACTOR's failure to attend the inspection, and Work performed after regular Work hours, or during weekend and/or holidays.

13. Stop Notices/Liens have been filed in connection with the Work and the City has exercised its discretion to not accept a specific Bond intended to discharge of such Liens.

14. Claims by third party entities and/or individuals.

15. Persistent failure to comply with directions given to perform.

16. Costs and/or damages resulting from delay, termination and/or other causes which increase or which may increase the City's costs in administering the contract.

17. There are other items entitling the City to a set-off against the amount recommended.

The City must give the CONTRACTOR written notice stating the reasons for such action and pay the CONTRACTOR in the next application for progress payment, the amount so withheld, or any adjustment thereto agreed to by the City and CONTRACTOR, when CONTRACTOR corrects to the City's satisfaction the reason for such action.

C. If the above grounds are in the opinion of the City removed by or at the expense of CONTRACTOR, payment shall be made for amounts withheld because of them.

D. PAYMENTS WITHHELD. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion. In so doing, the City shall make such payments on behalf of CONTRACTOR. If any payment is so made by the City, then such amount shall be considered as a payment made under contract by the City to CONTRACTOR and the City shall not be liable to CONTRACTOR for such payments Resolution No. 2024-106
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made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render CONTRACTOR an accounting of such funds disbursed on behalf of CONTRACTOR. To minimize/avoid claims of interference and/or that proposed payment was improper, the City shall endeavor to communicate to CONTRACTOR as to the CONTRACTOR's opinion regarding any proposed payment to a third party individual/entity, prior to City making the same. If CONTRACTOR fails to respond in writing detailing the reason(s) for making any such payment within two (2) working days, City shall have the right, but not the duty, to make any such payment without concern that CONTRACTOR will later claim such payment was improper and/or interfered with CONTRACTOR's relationship and/or prospective economic advantage. In such event, all such claims by CONTRACTOR shall be deemed waived.

E. As an alternative to payment of such claims or obligations, the City, in its sole discretion, may reduce the total contract price as provided in the Article 13.

14.10 PARTIAL OCCUPATION /UTILIZATION
A. The City reserves the right to occupy buildings and/or portions of the site at any time before completion, and such occupancy shall not constitute final acceptance of any part of Work covered by this Agreement, nor shall such occupancy extend the date specified for completion of the Work, nor shall any such occupancy affect any liquidated damages.

The City shall have the right to utilize or place into service any item of equipment or other usable portion of the Work prior to completion of the Work. Whenever the City plans to exercise said right, the CONTRACTOR will be notified in writing by the City, identifying the specific portion or portions of the Work to be so utilized or otherwise placed into service.

B. It shall be understood by the CONTRACTOR that until such written notification is issued, all responsibility for care and maintenance of all of the Work shall be borne by the CONTRACTOR. Upon issuance of said written notice of Partial Utilization, the City will accept responsibility for the protection and maintenance of all such items or portions of the Work described in the written notice.

C. The CONTRACTOR shall retain full responsibility for satisfactory completion of the Work, regardless of whether a portion thereof has been partially utilized by the City, and the CONTRACTOR's 1 year correction period shall commence only after the date of Project Completion for the entire Work.

14.11 PROJECT COMPLETION
A. The City shall accept completion of the Agreement and have the Notice of Completion recorded when the entire Work including CONTRACTOR's Punch List(s) and City's final review comments shall have been completed to the satisfaction of the City. The Work may only be accepted as complete by action of the Escondido City Council. Completion means final completion, and the concept of substantial completion shall not apply to this Agreement.

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B. However, the City, at its sole option, may accept completion of the Agreement and have the Notice of Completion recorded when the entire Work including individual portions of the Work shall have been completed to the satisfaction of the City, except for minor corrective items, as distinguished from incomplete items.

C. A final walk through of the Project to determine completion of the Agreement and to record the Notice of Completion shall occur only upon a valid claim by CONTRACTOR that the Project is complete except for minor corrective items. Any erroneous claims of completion by CONTRACTOR resulting in a premature walk through shall be at CONTRACTOR's sole cost and expense and the City shall make adjustments to the Contract Price by reducing the amount thereof to pay for any costs incurred by the City due to the erroneous claims by the CONTRACTOR that the Project is complete. Minor corrective items shall be identified in the final walk through of the Project.

D. If the CONTRACTOR fails to complete the minor corrective items prior to the expiration of the 35 day period immediately following recording of the Notice of Completion, the City shall withhold from the final payment an amount equal to twice the estimated cost, as determined by the City, of each item until such time as the item is completed. At the end of such 35 day period, if there are items remaining to be corrected, the City may elect to proceed as provided in the Article 13.

14.12 FINAL APPLICATION FOR PAYMENT. After the CONTRACTOR has completed all of the Work, the punch-list, and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up as-built record documents and other documents, all as required by the Project Documents, and after the Engineer and the City have indicated that the Work is acceptable, the CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective unconditional waiver releases (Reference Article 14.5) by CONTRACTOR and all SUBCONTRACTORS/suppliers that filed preliminary notices of all previous progress payments, conditional waiver and release upon "final payment", and waivers or releases of all Liens arising out of or filed in connection with the Work.

14.13 FINAL PAYMENT AND ACCEPTANCE
A. If, on the basis of the City's observation of the Work during construction and final inspection, and the City's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, the City is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, the City designee will recommend payment of the final application for progress payment.

B. After acceptance of the Work by the Escondido City Council, the City will make final disposition to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, including the following items:

1. Liquidated damages, as applicable; and

2. Amounts withheld by the City under Article 14.9.B. which have not been released.

C. As a condition of final payment, the CONTRACTOR shall be required to execute a release releasing the City from any and all claims of liability for payment on the Project except for such amounts as may be specifically described and excluded from the release.

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14.14 RELEASE OF RETENTION AND OTHER DEDUCTIONS. After recording the Notice of Completion with the San Diego County Recorder's Office to initiate the Lien period, and not more than 55 calendar days thereafter, the City will release to the CONTRACTOR the retention funds withheld pursuant to the Agreement, less any deductions to cover pending claims against the City.

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

15.1 CITY'S RIGHT TO TERMINATE AGREEMENT
A. If the CONTRACTOR refuses or fails to complete the Work or any separable part thereof with such diligence as will ensure its completion within the time specified or any extension thereof, or fails to complete said Work within such time, or if the CONTRACTOR should file a petition for relief as a debtor, or should relief be ordered against CONTRACTOR as a debtor under Title 11 of the United States Code, or if CONTRACTOR should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it should refuse or should fail to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if CONTRACTOR should fail to make prompt payment to Subcontractors for materials or labor, or disregard laws or ordinances or instructions of the City, or if CONTRACTOR or its Subcontractors should otherwise violate any provision of this Agreement, including, but not limited to, the performance of defective Work, disregard or violate the Laws or Regulations of any public body having jurisdiction; disregard or violate provisions of the Contract Documents or City's instructions; fail to prosecute the Work according to the approved progress schedule; fail to provide a qualified superintendent, competent workmen, or materials or equipment meeting the requirements of the Contract Documents; or disregard the authority of the City, then the City may, without prejudice to any other right or remedy, serve written notice upon CONTRACTOR and its surety of City's intention to terminate this agreement. Such notice shall contain the reasons for such intention to terminate. Unless within seven (7) days after the service of such notice such condition shall cease or such violation shall cease and arrangements satisfactory to the City for the correction thereof have been made, this Agreement shall cease and terminate.

In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished to the City's satisfaction.

B. In the event of any such termination, the City shall immediately serve written notice thereof upon surety and CONTRACTOR, and surety shall have the duty to take over and perform this Agreement, provided, however, that if surety within 7 days after service upon it of notice of termination does not give the City written notice of its intention to unqualified by honor its duty to take over and perform this Agreement, or does not commence actual, on site performance thereof within 15 days after service of the notice of termination by the City on surety, the City may take over the Work and prosecute it to completion by Agreement or by any other method it may deem advisable for the account and at the expense of CONTRACTOR, and CONTRACTOR and its surety shall be liable to the City for any excess cost or other damages, including the added time devised by City personnel and/or consultants, including attorneys, occasioned by the City thereby. Time is of the essence in this Agreement. If the City takes over the Work as herein above provided, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, supplies, equipment and other property belonging to the CONTRACTOR as may be on the site of the Work and necessary therefore.

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C. If the expense of finishing the Work, including compensation for additional engineering, architectural, managerial, legal, consulting, personnel, and administrative services, shall exceed the unpaid balance of the Agreement, CONTRACTOR and/or its surety shall pay the difference to the City. Expense incurred by the City as herein provided, and damage incurred through CONTRACTOR's default, shall be certified to City by the Engineer, or ARCHITECT if applicable. If the unpaid balance under the Agreement shall exceed the expense of finishing the Work, including compensation for additional architectural, managerial, legal, consulting, personnel, and administrative services, such excess shall be paid to CONTRACTOR or its creditor(s).

D. If the CONTRACTOR fails to remedy the conditions constituting default within the time allowed, the City may then issue the notice of termination.

E. In the event that sufficient funds are not appropriated to complete the Project or the City determines that sufficient funds are not available to complete the Project, the City may terminate or suspend the completion of the Project at any time by giving written notice to the CONTRACTOR. In the event that the City exercises this option, the City shall pay for any and all Work and materials completed or delivered onto the site, and the value of any and all Work then in progress and orders actually placed which cannot be canceled up to the date of notice of termination. The value of Work and materials paid for shall include a factor of fifteen percent (15%) for the CONTRACTOR's overhead and profit and there shall be no other costs or expenses paid to CONTRACTOR. All Work, materials and orders paid for pursuant to this provision shall become the property of the City. The City may, without cause, order CONTRACTOR in writing to suspend, delay or interrupt the Project in whole or in part for such period of time as the City may determine. Adjustment shall be made for increases in the cost of performance of the Agreement caused by suspense, delay or interruption.

F. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.

15.2 TERMINATION OF AGREEMENT BY THE CITY FOR CONVENIENCE A. Upon 7 days written notice to the CONTRACTOR the City may, without cause and without prejudice to any other right or remedy of the City, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items):

1. For completed and acceptable Work executed in accordance with the Contract Documents, prior to the effective date of termination, including fair and reasonable sums for overhead and profit of such Work;

2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;

3. For all reasonable claims, costs, losses, and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and

4. For reasonable expenses directly attributable to termination.

B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

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ARTICLE 16 – CONSTRUCTION CLAIMS, WAIVER AND RELEASE FORMS, DISPUTES, FALSE CLAIMS ACT.

16.1 CONTRACTOR CLAIMS
A. NOTICE. If the CONTRACTOR shall claim compensation for any damage sustained by reason of the acts of the City or its agents, or if the CONTRACTOR disagrees with the City's or Engineer's/Architect's decisions regarding a CONTRACTOR's Change Order Request (COR), the CONTRACTOR shall provide written "Notice" to the City within 5 days after sustaining of such damage, or being notified of an adverse decision, and provide within 14 days of the event the factual basis supporting the claim (unless otherwise specified). The written "Notice" shall state the summary points for which the factual bases will support the claim and cite in detail the Project Documents (including plans and specifications) upon which the claim is to be based. CONTRACTOR's failure to notify the City within such a period shall be deemed a waiver and relinquishment of such a claim. If such notice is given within the specified time, the procedure for its consideration shall be as stated above in these General Conditions.

B. WAIVER AND RELEASE FORMS. In addition, on or before the end of the month for which the claim has been filed, the CONTRACTOR shall also file with the City the WAIVER AND RELEASE FORMS, for which the claim and the amount of the claim is identified. If the claim is not indicated on the WAIVER AND RELEASE FORMS, CONTRACTOR's claim shall be forfeited and invalidated and it shall not be entitled to consideration for time or payment on account of any such claim.

C. REQUIRED DOCUMENTATION FOR CLAIMS FOR TIME: Fragnet – Sometimes known as a "Sub-network". A Fragnet will be required for time impact analysis and time extensions. CONTRACTOR's failure to provide a "Notice of Delay" within 24 hours, and submit a Fragnet for time impact analysis and time extension(s) on or within 14 days of the delaying event, shall forfeit and invalidate all considerations for time and/or payment.

The costs to prepare Fragnets and schedule updates resulting from approved Fragnets are part of the Work, regardless of number and difficulty. The City will provide a response to the Fragnet on or within 14 days from the completed submission.

D. Except for tort claims, all claims by the CONTRACTOR for a time extension, payment of money or damages arising from Work done by, or on behalf of, the CONTRACTOR pursuant to the Agreement and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or as to the amount of payment which is disputed by the City of $375,000 of less, is subject to the settlement and arbitration provisions procedures set forth in Public Contract Code Section 20104, et seq. The text of those provisions are provided in full in Article 17.

E. All of the following claims by the CONTRACTOR are subject to the claim resolution procedures set forth in Public Contract Code Section 9204. The text of that section is provided in full in Article 17.

1. A time extension;

2. Payment of money or damages arising from Work done by, or on behalf of, the CONTRACTOR pursuant to the Agreement and payment of which is not otherwise expressly provided for, or CONTRACTOR is not otherwise entitled to; and

3. Payment of an amount that is disputed by the City.

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F. Any claim must be a separate demand sent by registered mail or certified mail with return receipt requested. The CONTRACTOR shall furnish reasonable documentation to support the claim, which shall include all of the materials described in Section 16.1.

G. The City shall conduct a reasonable review of the claim within 45 days and shall provide the CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. The City and the CONTRACTOR may, by mutual agreement, extend the time period for response. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.

H. If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim because of privity of contract does not exist, the CONTRACTOR may present a claim to the City on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing that the CONTRACTOR present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the City shall furnish reasonable documentation to support the claim, which shall include all of the materials described in Section 16.1. Within 45 days of receipt of this written request, the CONTRACTOR shall notify the subcontractor in writing as to whether the CONTRACTOR presented the claim to the City. If the CONTRACTOR did not present the claim, the CONTRACTOR must provide the subcontractor with a statement of the reasons for not presenting the claim to the City.

16.2 DISPUTES –THE CITY'S AND ENGINEER'S DECISIONS
A. If the CONTRACTOR disputes the City’s written response to the claim, or if the City does not respond to the claim within the time prescribed, the CONTRACTOR may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

The CONTRACTOR must send the demand by registered mail or certified mail, return receipt requested. Upon receipt, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

B. If any portion of the claim remains in dispute after the meet and confer conference, the City shall provide the CONTRACTOR a written statement identifying the potion of the claim that remains in dispute and the portion that is undisputed within 10 business days following the conclusion of the conference. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the CONTRACTOR in writing, shall be submitted to nonbinding mediation. The City shall conduct a reasonable review of the claim within 45 days and shall provide the CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. The City and the CONTRACTOR may, by mutual agreement, extend the time period for response. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.

C. The City and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed potion of the claim has been identified in writing. The City and the CONTRACTOR shall share the associated costs of mediation equally. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside Section 9204. The mediation Resolution No. 2024-106
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conducted shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

D. Failure by the City to respond to a claim from the CONTRACTOR within the time periods described above or to otherwise meet the time requirements described above shall result in the claim being deemed rejected in its entirety.

E. Amounts not paid in a timely manner as outlined above will bear interest at 7% per year.

16.3 FALSE CLAIMS ACT CERTIFICATION. All claims submitted by the CONTRACTOR shall be accompanied by a notarized certificate containing the following language:

Under penalty perjury and with specific reference to the California False Claims Act, Government Code Section 12650 et. seq., the undersigned, (name)
of
(title)
(company)
hereby certifies that the claim for the additional compensation and time, if any, made herein for the Work on this Contract is a true statement of the actual costs incurred or estimated future costs, and time sought, and is fully documented and supported under the Agreement.

Dated
/s/
Subscribed and sworn before me this day
of
Notary Public
My Commission Expires
Failure to submit the notarized certificate will be sufficient cause for denying the claim.

ARTICLE 17 – MISCELLANEOUS

17.1 GIVING NOTICE
A. Any notice from one party to the other or otherwise under the Agreement shall be in writing and shall be dated and signed by party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners, and copied to the City:

1. If notice is given to the City, by personal delivery thereof to the City or by deposit in the United States mail, enclosed in a sealed envelope addressed to the City, and sent by registered or certified mail with postage prepaid;

2. If notice is given to CONTRACTOR, by personal delivery thereof to said CONTRACTOR or to CONTRACTOR's superintendent at the site of the Project, Resolution No. 2024-106
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or by deposit in the United States mail, enclosed in a sealed envelope addressed to said CONTRACTOR at its regular place of business or at such address as may have been established for the conduct of Work under this Agreement, and sent by registered or certified mail with postage prepaid;

3. If notice is given to the surety or other persons, by personal delivery to such surety or other person or by deposit in the United States mail, enclosed in a sealed envelope, addressed to such surety or person at the address of such surety or person last communicated by the surety or other person to the party giving notice, and sent by registered or certified mail with postage prepaid.

17.2 TITLE TO MATERIALS FOUND ON THE WORK. The City reserves the right to retain title to all soils, stone, sand, gravel, and other materials developed and obtained from excavations and other operations connected with the Work. Unless otherwise specified in the Contract Documents, neither the CONTRACTOR nor any Subcontractor shall have any right, title, or interest in or to any such materials. The CONTRACTOR will be permitted to use in the Work, without charge, any such materials which meet the requirements of the Contract Documents.

17.3 RIGHT TO AUDIT. If the CONTRACTOR submits a claim to the City for additional compensation, the City shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the CONTRACTOR's Documents and books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plant, or such parts thereof, as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the City deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR.

The CONTRACTOR shall make available to the City for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the City.

17.4 SURVIVAL OF OBLIGATIONS. All representations, indemnifications, warranties, and guaranties made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work or termination or completion of the Agreement.

17.5 CONTROLLING LAW. This Agreement is to be governed by the law of the state of California, in which the Project is located, with venue in North San Diego County.

17.6 SEVERABILITY. If any term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect.

17.7 WAIVER. The waiver by the City of any breach or violation of any term, covenant or condition of this Agreement or of any Agreement provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent payment of any monies or fee by the City which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by CONTRACTOR or any term, covenant, condition of this Agreement or of any applicable law or ordinance.

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17.8 PROHIBITED INTERESTS. No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Project, shall become directly or indirectly interested financially in this Project or in any part thereof. No officer, employee, Engineer, attorney, architect or inspector of or for City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory or other similar functions in connection with construction of Project shall become directly or indirectly interested financially in this Project or in any part thereof. CONTRACTOR shall receive no compensation and shall repay the City for any compensation received by or from CONTRACTOR hereunder, should CONTRACTOR aid, abet or knowingly participate in violation of this Article.

17.9 California Public Contract Code § 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

A. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

B. Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

C. Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) A. “Public entity” means, without limitation, except as provided in subparagraph B., a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.

B. “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.

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(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection Resolution No. 2024-106
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with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

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17.10 California Public Contract Code § 20104. Application of article; provisions included in plans and specifications.
(a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) “Public work” means “public works contract” as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991.

17.11 California Public Contract Code § 20104.2. Claims; requirements; tort claims excluded.

For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.

Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local Resolution No. 2024-106
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agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

17.12 California Public Contract Code § 20104.4. Civil action procedures; mediation and arbitration; trial de novo; witnesses.

The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.

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17.13 California Public Contract Code § 20104.6. Payment on undisputed portion of claim; interest on arbitration awards or judgments.
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
7/19/2024
Alliant Insurance Services, Inc.

CA License No. 0C36861
701 B Street, 6th Floor
San Diego CA 92101
Norma Figueroa 619-849-3871 619-699-2163 [email protected] Travelers Property Casualty Co of Amer 25674 CCLCONT-01 Travelers Indemnity Company of CT 25682 CCL Contracting, Inc.
1938 Don Lee Place
Escondido CA 92029
Navigators Specialty Insurance 36056 595769904
B X 1,000,000 X 300,000 X Ded. $5,000 5,000 1,000,000 2,000,000 X Y Y DT22-CO-4E524998-TCT-24 4/1/2024 4/1/2025
2,000,000
A 1,000,000 XY Y 810-8M547958-24-26-G 4/1/2024 4/1/2025 A X X 4,000,000 Y Y CUP-3J055535-24-26 4/1/2024 4/1/2025 4,000,000 X
10,000 PRODUCTS-COMP/OP AGG 4,000,000
A X
Y
Y UB-3K125075-24-26-G 4/1/2024 4/1/2025
1,000,000 1,000,000 1,000,000
C Pollution Liability Y SF24ECPU00730NC 7/18/2024 7/18/2025 Each Incident Aggregate
Deductible
$2,000,000
$2,000,000
$10,000
Endorsement(s) Attached:

General Liability - Additional Insured (Form #CG D2 46 04 19) General Liability – Xtend Endorsement (Form #CG D3 16 02 19) General Liability - Primary and Non-Contributory (Form #CG T1 00 02 19) General Liability - Per Project Aggregate (Form #CG D2 11 01 04) Automobile Liability – Extension Endorsement (Form #CA T3 53 02 15) Workers' Compensation - Wavier of Subrogation (Form #WC 99 03 76 (A) See Attached...

City of Escondido
201 N. Broadway
Escondido CA 92025

THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE Resolution No. 2024-106
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ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

CCLCONT-01 1 1
Alliant Insurance Services, Inc.

CCL Contracting, Inc.
1938 Don Lee Place
Escondido CA 92029
25 CERTIFICATE OF LIABILITY INSURANCE
Umbrella Liability - Follow Form (Form #EU 00 01 07 16) Pollution Liability - Additional Insureds Endorsement (Primary Non-Contributory) (Form #NENV 8001 (03-13)).

Re: Emergency Repair of the Escondido Trunk Sewer Project - 2024, Main Section 2 - N Beech Street to Grape Day Park.

City of Escondido including its officials, officers, agents, employees, and volunteers are included as Additional Insureds on primary and non-contributory basis, per project aggregate applies, waiver of subrogation applies. Umbrella/Excess Liability follow form for General Liability and Business Auto.

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INSURANCE REVIEW SUMMARY FORM
Applicable to Public Services Agreements and Consulting Agreements Agreement Type: □ Public Services Agreement (“PSA”) □ Consulting Agreement (“CSA”) □ Subrecipient Agreement
Contractor/Consultant:

Staff Contact:

Insurance Inquiry or Request:

Use of Umbrella/Excess Policy to meet insurance limit requirements.

Recommendations:

Approve
Date:

Draft Review - 1 - CAO: 6/1/2021
Insurance Summary Form
Risk and Safety Division
□ Public Improvement Agreement ("PIA")
□ Recreation Instructor Agreement □ Other:

Department:
x
CCL Contracting, Inc.

Vicki Ferguson Utilities / Wastewater
4/26/24
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BUDGET ADJUSTMENT

REQUEST
Department: Utilities
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Angela Morrow
City Council Meeting Date:
(attach staff report) August 7, 2024

EXPLANATION OF REQUEST
To fully fund the construction of the Trunk Sewer Replacement Project.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Trunk Main/Norlak-HARRF 557-801913 $12,036,225
Unallocated Reserves 3050-558 $7,036,225
Transfer Out-to Capital Projects
Fund 5999-558 $5,000,000
Transfer In-from Operating Fund 4999-557 $5,000,000
RW Easterly Ag MFRO 557-801508 $5,000,000

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE
Docusign Envelope ID: B502D0F0-F21E-4A00-8BB5-65B7D098ABC9 7/29/2024 7/29/2024
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STAFF REPORT
August 7, 2024
File Number 0430-80

SUBJECT
FY 2023 State Homeland Security Grant Program and Budget Adjustment

DEPARTMENT
Police and Fire Departments

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-109 to authorize the Escondido Police Department to accept FY 2023 State Homeland Security Grant funds in the amount of $86,760; authorize the Chief of Police or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds. The County of San Diego Office of Emergency Services has authorized the City of Escondido to spend its funds on equipment to support regional public safety projects. The Fire Department will receive $45,693 and the Police Department will receive $41,067 from this award.

Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
ESSENTIAL SERVICE – Yes, internal requirement in support of Police Services and Fire/EMS Services COUNCIL PRIORITY – Improve Public Safety

FISCAL ANALYSIS
There will be no impact on the General Fund Budget. The State Homeland Security Grant Program is federally funded. There is no match requirement.

PREVIOUS ACTION
On March 22, 2023, the City Council authorized the Police and Fire Departments to accept a 2022 State Homeland Security Program Grant award in the amount of $103,872. The City of Escondido began participating in the State Homeland Security Grant Program in 2003. As a result of this program, the City of Escondido has received valuable safety equipment and preparedness funding.

BACKGROUND
The implementation of the State Homeland Security Management Grant Program is to support state, local, tribal and territorial efforts to prevent terrorism and other catastrophic events. 275
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The Escondido Police and Fire Departments applied for FY 2023 State Homeland Security Grant Program funds in December 2022. The departments received notification in June 2024 that the application was approved for $86,760 in funding. The County of San Diego Office of Emergency Services authorized the City of Escondido to utilize funding on equipment and planning to support regional public safety projects.

The funding amount received is based on a formula that considers the jurisdiction’s population and number of first responder personnel. Funds may be used to purchase the following approved items:
 $45,693 – Fire Department – Planning
o Development of a Recovery Plan, a Debris Removal Plan, and a Local Assistant Center (“LAC”) Plan. Having a recovery plan, debris removal plan and a LAC plan provides a framework to help residents, businesses and city government to recover more quickly from a disaster or human-made incident. These plans promote faster recovery and makes the community more resilient and resistance to future terrorism incidents.  $25,000 – Police Department – Intelligence Software Licenses o Intelligence Software Licenses - Grant funds to be used to cover the costs of forensic technology software to enhance investigative capabilities. These software packages will help analysts and detectives pinpoint areas of criminal activity. This information will be used to strategically deploy resources to prevent crimes and improve community safety.  $16,067 – Police Department – Desktop Computers and Monitors o Desktop Computers and Monitors - Grant funds to be used to cover the cost of desktop computers and monitors to be issued to Police Department personnel and can be used in the Criminal Intelligence Unit. The computers are utilized for personnel to quickly gather and monitor information related to online criminal activity and allow for them to efficiently conduct intelligence gathering for successful investigation and prosecution.

RESOLUTIONS
a. Resolution No. 2024-109

ATTACHMENTS
a. Attachment “1” – Budget Adjustment
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RESOLUTION NO. 2024-109

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CHIEF
OF POLICE OR HIS DESIGNEE TO ACCEPT THE FY 2023

STATE HOMELAND SECURITY GRANT IN THE AMOUNT
OF $86,760; EXECUTE ALL NECESSARY GRANT
DOCUMENTS; AND AUTHORIZE THE NECESSARY

BUDGET ADJUSTMENT
WHEREAS, the City of Escondido desires to obtain updated equipment and software for emergency preparedness for Police and Fire Departments; and WHEREAS, the Escondido Police and Fire Departments have designated the FY 2023 State Homeland Security Grant to address this goal; and
WHEREAS, the FY 2023 State Homeland Security Grant Program has designated $86,760 to be awarded to the City of Escondido for this purpose.

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

1. That the above recitations are true.

2. That the City Council authorizes the Chief of Police of the City of Escondido to accept the FY 2023 State Homeland Security Grant in the amount of $86,760 and execute all documents necessary for the management and completion of the grant scope, including any extensions and amendmentsthereof.

3. That the City Council hereby also approves and authorizesthe necessary budget adjustment needed to establish a new project number for tracking and spending of grantfunds. 277
Item9.

BUDGET ADJUSTMENT

REQUEST
Department: Police Department
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Barbara MarLett x4734
City Council Meeting Date:
(attach staff report) August 7, 2024

EXPLANATION OF REQUEST
A budget adjustment is needed to spend grant funds for FY 2023 State Homeland Security Grant Program equipment expenses.
(Request project #SHSP23)

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Revenue
4128-451-new project
number $86,760
Police Grants
451-new project
number $86,760

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE
Docusign Envelope ID: 29E4C280-42E6-40FF-9A89-B91B10B77452 7/26/2024 7/26/2024
Attachment "1"
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STAFF REPORT
August 7, 2024
File Number 1060-05

SUBJECT

CONSIDERATION OF AN ORDINANCE REGULATING RECREATIONAL VEHICLE PARKING

DEPARTMENT
City Manager

RECOMMENDATION
Request the City Council adopt Ordinance No. 2024-10 amending Escondido Municipal Code section 28- 142 to regulate recreational vehicle (“RV”) parking.

Staff Recommendation: Approval (City Manager: Christopher McKinney, Deputy City Manager) Presenter: Christopher McKinney, Deputy City Manager, and Ed Varso, Chief of Police ESSENTIAL SERVICE –Yes, Keep City Clean for Public Health and Safety; Clean Water COUNCIL PRIORITY –Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
If Ordinance No. 2024-10 is adopted by the City Council, signs will be installed on all road entrances into the City of Escondido (“City”). These signs will give the required statutory notice necessary to enforce the RV parking regulations under State law. Procurement and installation of the signs is estimated to cost $15,000. The Police Department Operating Budget requires no changes in staffing or overall expenditure to enforce the proposed RV parking regulations.

PREVIOUS ACTION
The City Council adopted Chapter 28 of the Escondido Municipal Code (“EMC”) in 1972.

On March 8, 2017, the City Council adopted Ordinance No. 2017-04 amending EMC section 28-142.

On November 16, 2022, the City Council adopted Resolution No. 2022-176, delegating authority to the City Manager to study, establish and post parking regulations and signage at all municipally owned parking lots.
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On January 11, 2023, the City Council considered Ordinance No. 2023-02, but took no action other than providing feedback to staff regarding requested changes to language around time limits for parking near the address to which a particular RV is registered.

BACKGROUND
City staff regularly receive complaints regarding long term RV parking on City streets and property, including complaints about trash and debris left by RV owners, and liquid waste under or near RVs.

RVs parked for extended periods on City streets and property can have negative effects on traffic safety and quality of life in the communities around them. Traffic safety impacts of parked RVs include: (1) impaired driver visibility of pedestrians, bicyclist, and other motor vehicles, especially when RVs are parked near intersections or on curves; and (2) impaired driveway access on more narrow residential streets. Quality of life impacts of parked RVs parked include: (1) reduced parking for other vehicles for residents and business customers; (2) trash or litter left by owners after long-term parking; and (3) the potential for illegal discharge of wastewater onto streets or into the storm water system.

California Vehicle Code section 22507 authorizes local authorities to restrict parking times and locations of certain vehicles, including designating certain streets on which preferential parking privileges are given to residents living on those streets.

The cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Imperial Beach, National City, Oceanside, San Diego, San Marcos, Santee Solana Beach and Vista have parking regulations prohibiting or restricting the parking of RVs, oversized vehicles and/or trailers on public streets.

Regulating the parking of RVs by limiting the time periods and locations of allowed parking on city streets will likely benefit the health and safety of the surrounding community. The aforementioned negative traffic safety and quality of life impacts would be mitigated, including prevention of illegal wastewater discharge, reduction of street little, enhanced driver visibility of other vehicles and pedestrians, and generally improved access.

Attachment “1” reflects the changes to the City’s existing parking ordinances. The proposed ordinance would impose citywide restrictions on RV parking on highways, streets, alleys, public ways, public places, and City parking lots with certain specified exceptions including:

1. Allowed parking within 100 yards of the registered address of the RV for the purpose of loading and unloading for up to 24 hours before and 24 hours after a trip, but for no more than 24 hours in one instance. The registered address is the address listed on the Department of Motor Vehicle registration. State law requires vehicle owners to update the vehicle registration address within ten days of a move;

2. Allowed emergency parking or for the purpose of emergency repairs, as long as the vehicle can be readily repaired and moved;
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3. Allowed parking in municipal parking lots with posted signs authorizing RV parking;

4. Allowed parking for RVs belonging to a federal, state, or local agency;

5. Allowed parking during a proclaimed City emergency at the discretion of the Director of Emergency Services; and

6. When the City issues a special event permit authorizing RV parking in designated areas of the City.

The ordinance authorizes the police department to tow and impound an RV after a single violation. A violation of the ordinance is an infraction.

RV Parking Options
The EMC currently allows RV parking on residential private property (EMC § 33-550 et seq.) and in travel trailer parks (EMC § 33-890 et seq.) such as the Escondido RV Resort. RV parking is also available at Dixon Lake Campground, and multiple other travel trailer parks throughout the County of San Diego. Moreover, allowing for City parking lots to be posted as exempt from the prohibition provides the ability to create additional alternate parking as needed, at the discretion of the City Manager by the authority granted by the City Council.

Implementation
The Escondido Police Department will enforce this ordinance in a fair and equitable manner. When appropriate, for example during the initial implementation, officers will emphasize education or use their discretion to issue a warning. Additionally, the City’s RV restrictions will not apply until the City places signs at all road entrances to the City.

To make it clear that the restrictions apply to all city streets, Escondido’s sign content will read:

NO PARKING

ANY RECREATIONAL VEHICLES

ON ALL CITY STREETS & CITY PARKING LOTS

UNLESS POSTED SIGNS AUTHORIZE PARKING

VIOLATORS SUBJECT TO CITATION AND/OR
TOWING AT OWNER’S EXPENSE
EMC 28-142
If the City Council adopts Ordinance No. 2024-10, staff will order the signs and materials, and obtain Caltrans’ right-of-way permits as needed. Installation of approximately 58 signs will take about six weeks.

Staff will conduct community outreach in both English and Spanish by providing notice of the new RV parking regulations through the City’s websites and social media accounts, the City Manager’s Weekly Activity Report and news releases. Staff expects enforcement of the ordinance will begin after November 1, 2024.
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ORDINANCES
a. Ordinance No. 2024-10 (First Reading and Introduction)

ATTACHMENTS
a. Attachment “1”- Ordinance No. 2024-10 Strike Out Version 282
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ORDINANCE NO. 2024-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AMENDING ESCONDIDO
MUNICIPAL CODE SECTIONS 28-154 AND 28-155 TO

REGULATE RECREATIONAL VEHICLE PARKING
WHEREAS, the parking or storing of recreational vehicles, whether motorized or towed, on City of Escondido (“City”) streets and municipal parking lots can negatively affect traffic safety and quality of life for those who live and work in this City; and
WHEREAS, traffic safety impacts of recreational vehicles parked or stored on City streets and municipal parking lots include impaired visibility of pedestrians and drivers, impaired access to driveways and cross-traffic on narrow residential streets, and impaired sight distance for pedestrians and drivers if the recreational vehicle is parked close to an intersection or on a curve; and WHEREAS, quality of life impacts of recreational vehicles parked or stored on City streets and municipal parking lots include illegal discharge of wastewater onto streets, municipal parking lots, or the storm water system, trash or litter left by the recreational vehicle owners, and reduced parking on streets and municipal parking lots for passenger vehicles for residents and business customers; and WHEREAS, allowing recreational vehicles to park on City streets for no more than one 24-hour period at a time, and then, only when parked within 100 yards of the address listed on the recreational vehicle’s Department of Motor Vehicle registration balances the needs of recreational vehicle owners in the City with other users of public streets and municipal parking lots; and WHEREAS, pursuant to California Vehicle Code section 4159, any registered owner of a vehicle who moves or acquires a new address different from the address shown upon the registration card issued for the vehicle shall within 10 days notify the Department of Motor Vehicles of the old and new address; and
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WHEREAS, pursuant to California Vehicle Code section 4160, any registered owner of a vehicle who moves or acquires a new address different from the address shown upon the registration card issued for the vehicle shall within 10 days change the address on the registration card; and WHEREAS, allowing for City parking lots to be posted as exempt from the prohibition gives the ability to create additional alternate parking as needed; and WHEREAS, City Resolution No. 2022-176 delegates authority to the City Manager to monitor and regulate by signage and enforcement the usage of all municipal parking lots to ensure that the municipal parking lots are used to their highest and best use for the benefit of local businesses and customers and as otherwise required by law; and
WHEREAS, Chapter 33, Article 25 of the Escondido Municipal Code regulates the parking of recreational vehicles in residential zones when not within completely enclosed structures, permitting such parking in the residential agriculture (R-A), residential estates (R-E), and single-family residential (R-1) zones, and on a property developed with a single-family residence in the multifamily zones (R-2, R-3 and R-4) subject to specific development standards; and
WHEREAS, the City of Escondido offers recreational vehicle parking in the Dixon Lake Campground; and
WHEREAS, there is a permitted and licensed travel trailer park renting space to recreational vehicles within Escondido boundaries; and
WHEREAS, there are multiple travel trailer parks renting space to recreational vehicles throughout the County of San Diego; and
WHEREAS, the availability of alternate recreational vehicle parking balances the needs of all recreational vehicle owners with all City residents and other users of public streets and municipal parking lots; and
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WHEREAS, California Vehicle Code section 22507 authorizes local authorities, by resolution or by ordinance, to restrict the parking of certain vehicles on certain streets during all or certain hours of the day, including designating certain streets upon which preferential parking privileges are given to residents and merchants adjacent to streets for their use and enjoyment; and WHEREAS, pursuant to California Vehicle Code section 22507, such a parking restriction shall not apply until signs or markings giving adequate notice thereof are placed; and WHEREAS, pursuant to California Vehicle Code section 22507, a resolution or ordinance adopted pursuant to this section may contain provisions that are reasonable and necessary to ensure the effectiveness of the parking restriction; and
WHEREAS, pursuant to California Vehicle Code section 22651(n), a peace officer may remove a vehicle located within their jurisdiction if a vehicle is parked or left standing where a local authority, by resolution or ordinance, prohibited parking and authorized the removal of vehicles, provided that signs are posted giving notice of the removal; and
WHEREAS, Escondido Police Department Instruction 4.2 establishes policy for vehicle impounds if authorized under the authority of the California Vehicle Code; and WHEREAS, prohibiting the parking or storing of recreational vehicles on city streets and municipal parking lots promotes the health, safety and general welfare of the community by preserving the residential character of neighborhoods, preserving the commercial character of business areas, preventing the illegal discharge of wastewater from recreational vehicles into storm water systems, preventing the illegal disposal of trash on streets or easements, and preventing traffic safety problems associated with recreational vehicles parking or being stored on city streets and municipal parking lots such as impaired visibility for pedestrians and drivers or impaired access to driveways. 285
Item10.

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

SECTION 1. That the above recitations are true.

SECTION 2. That Escondido Municipal Code section 28-154 Stopping, Standing, Parking in Alley, is hereby amended and renumbered as section 28-154(a).

SECTION 3. That Escondido Municipal Code section 28-155 Stopping, Standing, Parking in Parkway, is hereby amended and renumbered as section 28-154(b).

SECTION 4. That Escondido Municipal Code section 28-155 is amended with a title of “Recreational Vehicle Parking Restrictions” and to read as follows:
(a) No person shall park any recreational vehicle, as defined in subsection (b), upon any highway, street, alley, public way, public place, or municipal parking lot in the city of Escondido except:
(1) A recreational vehicle may be allowed to park for a total of 24 hours before and 24 hours after a trip to facilitate the loading and unloading of that vehicle or trailer, provided that the vehicle is parked within 100 yards of the address to which it is registered with the California Department of Motor Vehicles.
(2) If that vehicle isinvolved in an emergency, or that vehicle is being repaired under emergency conditions. However, a vehicle that cannot be readily repaired and moved may be impounded pursuant to California Vehicle Code section 22651(n).
(3) If that vehicle is parked in a municipal parking lot where a sign is posted authorizing recreational vehicle parking.
(4) If that vehicle is owned by a federal, state, or local agency. (5) If the Director of Emergency Services has declared a local state of emergency pursuant to Chapter 7 of the Code, the Director of Emergency Services may temporarily suspend subsection (a) as part 286
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of that declaration. The suspension of subsection (a) shall expire upon the termination of the local state of emergency unless an earlier time for expiration is provided in the proclamation of local emergency. (6) When the City of Escondido has issued a special event permit that authorizes the parking of such vehicles in designated areas.
(b) For the purposes of subsection (a), the term “recreational vehicle,” includes, but is not limited to, the following:
(1) A “recreational vehicle” (California Health & Safety Code section 18010); (2) A “camp trailer” (California Vehicle Code section 242); (3) A “fifth-wheel travel trailer” (California Vehicle Code section 324); (4) A “house car” (California Vehicle Code section 362); (5) A “trailer coach” (California Vehicle Code section 635); (6) A “mobilehome” (California Vehicle Code section 396); (7) A “semi-trailer” (California Vehicle Code section 550). (8) Boats and/or trailers;
(9) Trailers used for the transport of equipment, vehicles, or animals; and (10) Folding camper trailers.
(c) A violation of subsection (a) is punishable as an infraction. 287
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(d) Any recreational vehicle stopped, parked or left standing in violation of subsection (a) may be removed and impounded 22651(n).

SECTION 5. SEPARABILITY. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions.

SECTION 6. That as of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 7. That the City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 288
Item10.

Attachment “1”
Ordinance No. 2024-10
Amendments to Escondido Municipal Code § § 28-154, 28-155 Strike-out

1. That Escondido Municipal Code section 28-154 Stopping, Standing, Parking in Alley, is hereby amended and renumbered as section 28-154(a).

2. That Escondido Municipal Code section 28-155 Stopping, Standing, Parking in Parkway, is hereby amended and renumbered as section 28-154(b).

3. That Escondido Municipal Code section 28-155 is amended with a title of “Recreational Vehicle Parking Restrictions” and to read as follows:
(d) No person shall stop, park, or leave standing any recreational vehicle at any time upon any highway, street, alley, public way, public place, or city parking lot in the City except:
(a) No person shall park any recreational vehicle, as defined in subsection (b), upon any highway, street, alley, public way, public place, or municipal parking lot in the city of Escondido except:
(1) Any recreational vehicle for one 24-hour period per month, provided that the recreational vehicle is parked within 100 yards of the address to which it is registered with the California Department of Motor Vehicles;
(1) A recreational vehicle may be allowed to park for a total of 24 hours before and 24 hours after a trip to facilitate the loading and unloading of that vehicle or trailer, provided that the vehicle is parked within 100 yards of the address to which it is registered with the California Department of Motor Vehicles.
(2) If that vehicle is involved in an emergency, or that vehicle is being repaired under emergency conditions. However, a vehicle that cannot be readily repaired and moved may be impounded pursuant to California Vehicle Code section 22651(n).
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Attachment “1”
(2 3) Any recreational If that vehicle is parked in a city municipal parking lot where a sign is posted authorizing recreational vehicle parking;.
(3 4) Any recreational If that vehicle belonging to is owned by a federal, state, or local agencies agency;.
(4 5) As part of a proclamation of a local emergency issued pursuant to Chapter 7 of this Code, If the Director of Emergency Services may suspend subsection (d) has declared a local state of emergency pursuant to Chapter 7 of the Code, the Director of Emergency Services may temporarily suspend subsection (a) as part of that declaration. The suspension of subsection (a) shall expire upon the termination of the local state of emergency unless an earlier time for expiration is provided in the proclamation of local emergency; and.
(5 6) Where a City issued special event permit authorizes recreational vehicle parking in designated areas in the City When the City of Escondido has issued a special event permit that authorizes the parking of such vehicles in designated areas.
(e b) For the purposes of subsection (d a), the term “recreational vehicle,” includes, but is not limited to, the following:
(1) Recreation vehicles as defined in Health and Safety Code section 18010; (2) Camp trailers as defined in Vehicle Code section 242; (3) Fifth-wheel travel trailers as defined in Vehicle Code section 324; (4) House cars as defined in Vehicle Code section 362; and (5) Trailer coaches as defined in Vehicle Code section 635. (1) A “recreational vehicle” (California Health & Safety Code section 18010); (2) A “camp trailer” (California Vehicle Code section 242); (3) A “fifth-wheel travel trailer” (California Vehicle Code section 324); 290
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Attachment “1”
(4) A “house car” (California Vehicle Code section 362); (5) A “trailer coach” (California Vehicle Code section 635); (6) A “mobilehome” (California Vehicle Code section 396); (7) A “semi-trailer” (California Vehicle Code section 550). (8) Boats and/or trailers;
(9) Trailers used for the transport of equipment, vehicles, or animals; and (10) Folding camper trailers.
(c) A violation of subsection (a) is punishable as an infraction. (fd) Any recreational vehicle stopped, parked or left standing in violation of subsection (da) may be removed and impounded at the owner’s expense subject to the requirements of pursuant to Vehicle Code section sections 22650 et seq 22651(n).
(g) A third or more violation of subsection (d) within a twelve (12) month period may be charged as a misdemeanor.
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STAFF REPORT
August 7, 2024
File Number 0830-20

SUBJECT
CONSISTENCY AMENDMENTS TO THE LAND USE ELEMENT AND EAST VALLEY AREA PLAN | PL24-0007

DEPARTMENT
Development Services Department

RECOMMENDATION
Request the City Council adopt Ordinance No. 2024-11, approving the General Plan Land Use and Community Form chapter and East Valley Parkway Area Plan text and figure amendmentsfor consistency with the East Valley Specific Plan (“EVSP”), which was adopted by City Council on July 19, 2023.

Staff Recommendation: Approval (Development Services: Christopher McKinney, Deputy City Manager) Presenter: Pricila Roldan, Associate Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY –

FISCAL ANALYSIS
There are no fiscal implications associated with this item.

PREVIOUS ACTION
On June 25, 2024, Planning Commission voted 5-0 to recommend City Council approval of text and figure amendments to the General Plan Land Use and Community Form chapter and East Valley Parkway Area Plan. The June 25th Planning Commission staff report is provided under Attachment “1.” Prior to the June 25, 2024, meeting, City Council adopted the EVSP on July 19, 2023.

BACKGROUND
The General Plan expresses a community’s development goals and embodies public policy relative to the distribution of future land uses, both public and private. Government Code § 65300.5 requires that there be no policy conflicts, either textual or diagrammatic, between policy documents and components of a General Plan. If policies, text, or diagrams differ, these must be reconciled. 292
Item11.

Land Use and Community Form chapter: On July of 2023, the City Council adopted the East Valley Specific Plan (“EVSP”) in an effort to gain housing element compliance by the California Department Housing and Community Development (“HCD”). The EVSP allowed the City to establish an updated vision for the East Valley Parkway Target Area that meets the housing need associated with the sixth cycle housing element planning period; however, adoption of the plan triggered the need to update the City’s General Plan for consistency acrossland use policy documents, which includesthe Land Use and Community Form Chapter.

The proposed amendment includes text and figure changes that reflect the land use changes set forth by the EVSP.

East Valley Parkway Area Plan: An “area plan” focuses on a particular region or community within the overall General Plan area. Area plans are considered extensions of the General Plan since they seek to further refine the policies of the General Plan in a concentrated geographic area. In 2004, City Council Resolution No. 2004-136 approved the East Valley Parkway Area Plan. The plan sought to attract office, professional, and commercial uses in the East Valley Parkway area. Adoption of the EVSP bifurcated the East Valley Parkway Area Plan and established a new specific planning area with a mixed-use vision that helped meet the City’s sixth cycle RHNA allocation by attributing 2,185 new dwelling units within this area.

Therefore, adoption of the EVSP created changes in land uses, standards, and vision that trigger the need to reconcile both documents.

Staff prepared draft revisions to both the Land Use and Community Form chapter and East Valley Parkway Area Plan, which consist of 1) revisions to maps including boundary and land use adjustments to reflect updated and consistent information; 2) addition of references to the newly adopted EVSP to incorporate and inform readers of the plan; and 3) minor text changes to correct typos, grammar, and address consistency throughout the documents as it relates to the EVSP. Redlined documents are provided under Attachment “2” and Attachment “3”. It should be noted that for brevity, the General Plan Land Use and Community Form redlined document (Attachment “3”) is excerpts only, and includes only those pages with proposed text and figure amendments. Pages that are not impacted by this item are not included.

ORDINANCES
a. Ordinance No. 2024-11
b. Ordinance No. 2024-11—Exhibit “A”—Factors to be Considered c. Ordinance No. 2024-11—Exhibit “B”—Land Use and Community Form d. Ordinance No. 2024-11—Exhibit “C”—East Valley Parkway Area Park

ATTACHMENTS
a. Attachment “1”—June 25, 2024 Planning Commission Staff Report (No Attachments) b. Attachment “2”—General Plan Land Use and Community Form redlined document c. Attachment “3”—East Valley Parkway Area Plan redlined document 293
Item11.

STAFF REPORT
DATE: 6/25/2024
PL24-0007 | Consistency Amendments to the Land Use Element and East Valley Area Plan PROJECT NUMBER / NAME: PL24-0007 | Consistency Amendments to the Land Use Element and East Valley Area Plan
REQUEST: A request to amend the City of Escondido’s General Plan Land Use and Community Form chapter and the East Valley Parkway Area Plan for conformance with the East Valley Specific Plan.

PROPERTY SIZE AND LOCATION: CityWide APPLICANT: City of Escondido GENERAL PLAN / ZONING: General Commercial (CG),
Office (O), Commercial Professional (CP), Planned
Development (PD)/Specific Plan (S-P).

PRIMARY REPRESENTATIVE: Pricila Roldan, Associate
Planner
DISCRETIONARY ACTIONS REQUESTED: General Plan Amendment PREVIOUS ACTIONS:

1. In 2004, City Council Adopted the East Valley Parkway Area Plan through Resolution No. 2004-136 which sought to revitalize and boost business around the East Valley area in Escondido.

2. In 2012, the City Council adopted the General Plan update identifying the East Valley area as an ideal location for anticipated growth and mixed-use development. The General Plan Land Use and Community Form chapter identifies 15 Specific Planning Areas and 16 Target Areas.

3. In 2023, the City of Escondido adopted Ordinance No. 2023-10 which approved the East Valley Specific Plan and rezoned approximately 191 acres adjacent to and east of downtown Escondido.

CEQA RECOMMENDATION: This effort is not considered a “project” under CEQA, as defined in section 15378(b)(5) of the State CEQA Guidelines.

STAFF RECOMMENDATION: Recommend City Council Approval
REQUESTED ACTION: Adopt Resolution No. 2023-03
CITY COUNCIL HEARING REQUIRED: __X_YES ___NO
REPORT APPROVALS: Dare DeLano, Senior Deputy City Attorney X Veronica Morones, City Planner
11 Item 2.

Attachment "1"
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BACKGROUND
The proposed amendments impact the Escondido General Plan’s the Land Use and Community Form chapter (“Land Use chapter”) and the East Valley Parkway Area Plan (EVPAP). The amendments requested under this General Plan Amendment are a result of the East Valley Specific Plan’s adoption on July 19, 2023. The information below provides context on how general plans, area plans, and specific plans differ from one another.

General Plan: The general plan is a local government’s blueprint for meeting the long-term vision for the future. A general plan expresses a community’s development goals and sets forth public policy relative to the distribution of future land uses, both public and private. The Escondido General Plan is comprised of 10 chapters that focus and address various topics including housing, transportation, safety and more.

Area Plan: An area plan is an extension of the general plan. An area plan provides more specific development policies and measures that seek to meet additional objectives within a particular region or community in a city.

Specific Plan: A specific plan is designed to systematically implement the general plan (California Government Code §65450). Specific Plans are prepared, adopted, and amended in the same manner as general plans and therefore must have certain analyses and components. Similar to area plans, specific plans provide development policies and measures for a specific region or zone (i.e., geographic area); however, specific plans maintain greater legal weight in comparison to area plans due to the scrutiny specific plans must meet for adoption.

East Valley Specific Plan (EVSP)
On July 19, 2023, the Escondido City Council adopted Ordinance No. 2023-10 and 2023-85, approving the East Valley Specific Plan and associated Program Environmental Impact Report (PEIR). The EVSP is located in central Escondido, immediately adjacent to and east of
downtown. Generally, the EVSP is bounded
by South Hickory and North Fig streets to
the west and Harding Street to the east. The
Escondido Creek flood control channel and
East Washington Avenue bounds the area to
the north and Grand Avenue and East 2nd
Street bounds the area to the south (Figure
1). The EVSP seeks to spur economic activity
and increase housing through a
combination of design guidelines, policies,
and overlays. Adoption of the EVSP was a
necessary component to plan for the City’s
Sixth Planning Cycle (2021-2029) Regional
Housing Needs Allocation and achieve State
certification of the Escondido General Plan’s
Housing Element.

Figure 1 – East Valley Specific Plan (EVSP)
12 Item 2.

Attachment "1"
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East Valley Parkway Area Plan (EVPAP)
In 2004, the City Council approved the East Valley Parkway Area Plan (EVPAP) (refer to Figure 2) which refined the general plan’s policies in an effort to further commercial objectives and attract office and professional uses; rehabilitate commercial centers; and
strengthen business establishments within
the East Valley area. Adoption of the EVPAP
created a two-mile commercial district that
extended along East Valley Parkway from
Hickory Avenue at the west end to Citrus
Avenue on the east. The East Valley Parkway
Area Plan is also bounded by the Escondido
Creek flood control channel to the north and
Pennsylvania Avenue and Grand Avenue to
the south.

Approval of EVSP bifurcated the existing East
Valley Parkway Area Plan, and rezoned
approximately 191 acres of General
Commercial land (CG) to Specific Planning
area (S-P). Changes in land uses, policies, and
direction triggers mandatory consistency
adjustments in the East Valley Parkway Area
Plan and General Plan’s Land Use chapter.

Approval of the EVSP also created new
boundaries between the East Valley Parkway
Area Plan and EVSP (Figure 2). While the
EVSP rezoned the entirety of the western
portion of the East Valley Parkway Area Plan,
the EVSP is also comprised of neighborhoods
outside the East Valley Parkway Area Plan
boundary.

Figure 2 –EVSP and EVPAP Boundary Comparison
General Plan Land Use and Community Form chapter
The City of Escondido’s General Plan was comprehensively updated in 2012. As a result, the Land Use and Community Form chapter (“Land Use chapter”) identified Opportunity Areas. These Opportunity Areas encourage land use changes and incorporate smart growth principles that promote compact, walkable development patterns.

Opportunity Areas consist of three Specific Planning Areas (SPAs) and many Target Areas. The General Plan assigns an official land use designation to Specific Planning Areas, whereas Target Areas are specific geographic areas and provide “guiding principles” for future development. The Land Use chapter identifies 15 SPAs and 16 Target Areas. 13 Item 2.

Attachment "1"
296
Item11.

In 2012, the East Valley Parkway Target Area (“Target Area”) was identified as a General Plan Opportunity Area. As part of the 2021 Housing Element update, the City identified the western portion of the Target Area for creation of a new specific plan area to meet the City’s Regional Housing Needs Allocation for the 2021-2029 planning period.

The adoption of the new specific planning area (i.e., EVSP) created inconsistencies between the Land Use chapter and the EVSP.

SUMMARY OF REQUEST
Tables 1 and 2 below identify the proposed amendments needed in the General Plan’s Land Use chapter and East Valley Parkway Area Plan to create consistency with the newly adopted EVSP. Amendments to the East Valley Parkway Area Plan and the General Plan Land Use chapter would create consistency between City documents.

East Valley Parkway Area Plan Amendments
The EVSP bifurcated the boundaries of the East Valley Parkway Area Plan, creating new boundaries for both the EVSP and the East Valley Parkway Area Plan. The East Valley Parkway Area Plan now extends from Harding Street on the west end, to just beyond Citrus Avenue on the east end, whereas previously it extended farther west to Hickory Street. The Area Plan is still bound by the Escondido Creek flood control channel to the north and Pennsylvania Avenue and East Grand Avenue to the south.

The EVSP land uses, boundaries, and references supersede those in the East Valley Parkway Area Plan. To create consistency between the EVSP and the East Valley Parkway Area Plan, staff identified the following changes:

1. Addition of a cover page highlighting the changes to the Area Plan as a result of the EVSP adoption;

2. Changes to existing boundaries in the East Valley Parkway Area Plan text and figuresto delineate the revised East Valley Parkway Area Plan boundary;

3. Removal of any language that references or sets standards in areas that are now governed by EVSP;

4. Update the East Valley Parkway Area Plan’s zoning labels and business data to reflect changes stemming from EVSP adoption.

A strikethrough and underlined version of the Area Plan with all proposed changes is included as part of this report (“Attachment 1”). Table 1 provides a summary of the proposed text revisions to the East Valley Parkway Area Plan:

TABLE 1: TEXT REVISIONS TO THE EAST VALLEY PARKWAY AREA PLAN PAGE # TOPIC MODIFICATION
II Informational Add ordinance reference for GPA.
1 Boundary Reference
Change Change “Hickory Avenue” to “Harding Street”
2 History
Add reference to the adopted EVSP and update nomenclature for the Westfield Shoppingtown, known today as the North County Mall
4-5, 36, 38-39, Grammar Correction to grammatical issues. 14 Item 2.

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7-8
Zoning/Boundary
Reference Change
Add a sentence identifying the changes in zoning before and after this resolution. Remove reference to the Escondido Shopping Center Subarea
9 Boundary
Reference Change Remove “Ash Street”
10-11 Existing Land Use:

Data update
Update business data to reflect the number of businesses in EVAP (decrease from 400 to 329). Update the percentage of businesses in the EVAP relative to the City
11, 13, 31, 33-34, 44-
45 Boundary Reference
Change
Remove “Fig Street” and “Ash Street” and replace with and include “Harding Street”
14- 22 Zoning Remove “Planned Development Zones” (PD-R) and “Hospital Professional” (HP)
23-24 Zoning/Boundary
Change Remove the Escondido Village Shopping Subarea
25 Zoning/Boundary
Change
Remove parking standards specific to the Escondido Village Shopping Subarea
31-32 Boundary Reference
Change Remove “Ash Street” and replace with “Rose Street” 43 Boundary Reference
Change Removed reference to the land mark element on Ash Street General Plan Amendments
Adoption of the EVSP created discrepancies within the Land Use chapter with regard to the Specific Planning Areas (SPA) and Target Areas. In an effort to bring those portions of the Land Use chapter into alignment with the newly adopted EVSP, the following changes to the Land Use chapter are proposed:

1. Update to the City’s Land Use map to depict the EVSP area;

2. Creation of a new EVSP SPA figure and section in accordance with the SPA section of the Land Use chapter;

3. Addition of an EVSP reference to the existing Opportunity Areas section of the Land Use chapter, “Target Area H: East Valley Parkway Area.”
A strikethrough and underlined version of the Land Use chapter’s proposed changes in included as part of this report (“Attachment 2”). Table 2 provides a summary of the proposed text revisions to the Land Use chapter:
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TABLE 2: TEXT REVISIONS TO THE LAND USE AND COMMUNITY FORM CHAPTER PAGE # TOPIC MODIFICATION
II-65-66 Specific Plan New Specific Planning Area section for the EVSP II-81 East Valley Parkway Target
Area EVSP reference added to the adopted plans section

PROJECT ANALYSIS

1. Pursuant to state law, the General Plan, East Valley Parkway Area Plan, and the East Valley Specific Plan must be consistent and compatible with one another. Staff reviewed adopted documents and drafted the necessary changes to ensure no conflicts between documents exist as a result of the EVSP’s adoption, as shown under Attachments 1 and 2 of this report. General Plan Conformance:

A specific plan must meet statutory requirements under California Government Code section 65451, including consistency with a jurisdiction’s general plan (Gov. Code section 65454). Adoption of the EVSP resulted in minor text and figure inconsistencies within the General Plan and the East Valley Parkway Area Plan. Such inconsistencies would be rectified as part of this amendment, resulting in consistency across City policy documents. The proposed request would conform with Policy 17.4 of the Land Use and Community Form chapter of the General Plan, which outlines when amendments are required. The EVSP’s adoption triggers the need to update the General Plan’s Land Use Map and text within both the General Plan and EVPAP.

2. Zoning or Specific Plan Conformance:

During the 2023 annual zoning code clean up, staff corrected Article 79 (East Valley Parkway Overlay Zone) for consistency with the EVSP’s adoption. This change provided conformance of the City’s Zoning Code to the General Plan and new EVSP. The proposed General Plan Amendment is the last clean up step in ensuring consistency across policy documents related to the EVSP.

3. Climate Action Plan Consistency:

The Climate Action Plan (CAP) provides a comprehensive approach to reduce greenhouse gas (GHG) emissions in communities. The proposed project entails document consistency cleanup between the EVSP, the Land Use chapter, and East Valley Parkway Area Plan. The EVSP is designed to encourage a safe and efficient transportation network through infrastructure improvements that provide alternatives to single occupancy vehicle use and increased density. Eliminating discrepancies between EVSP and the land use chapter, as well as the East Valley Parkway area plan facilitates development projects within the EVSP boundaries, therefore supporting the Climate Action Plan’s goals. 16 Item 2.

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FISCAL ANALYSIS
This project has no direct fiscal impact to the City budget.

Changes to the East Valley Parkway Area Plan and General Plan will clarify and ensure consistency among City policy documents.

ENVIRONMENTIAL ANALYSIS
Changes to the East Valley Parkway Area Plan and General Plan are not considered a “Project” under CEQA, as defined in section 15378(b)(5) of the State CEQA Guidelines.

PUBLIC INPUT
This effort seeks to only make the necessary adjustments to already adopted plans, without increasing the scope or significantly altering documents. The project was noticed in accordable with State and local requirements, including those identified within Article 61, Division 6.

CONCLUSION AND RECOMMENDATION
On July 19, 2023, the Escondido City Council adopted Ordinance No. 2023-10 and 2023-85 adopting the EVSP and associated Program Environmental Impact Report. The EVSP is located in central Escondido, immediately adjacent to, and east of, downtown. Approval of the EVSP bifurcated the existing East Valley Parkway Area Plan and rezoned approximately 191 acres of General Commercial land to Specific Planning Area. Changes in land uses, policies, and direction requires mandatory consistency adjustments in the East Valley Parkway Area Plan and General Plan pursuant to State law. Staff requests Planning Commission’s recommendation to Council to remove conflicts between the EVSP, East Valley Parkway Area Plan, and General Plan.

Staff recommends the Planning Commission adopt Resolution No. 2024-03, recommending approval of the proposed General Plan Amendment to the Land Use and Community Form chapter and East Valley Parkway Area Plan.

ATTACHMENTS

1. Draft changes to the East Valley Parkway Area Plan in strikethrough and underline (full document)

2. Draft changes to the Land Use and Community Form chapter in strikethrough and underline (excerpted)

3. Draft Planning Commission Resolution No. 2024-03, including Exhibits A, B, and C 17 Item 2.

Attachment "1"
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Escondido General Plan Land Use and Community Form Page II-3 Attachment "2"
Figure II-1
Figure II-1
NOTE:

1. Not all pages of the
General Plan Land Use
and Community Form
Element are included.

For brevity, staff
included pages that have
been impacted.
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Escondido General Plan Land Use and Community Form Page II-3 Attachment "2"
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Page II-40 Escondido General Plan Land Use and Community Form Attachment "2"
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Page II-40 Escondido General Plan Land Use and Community Form Attachment "2"
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16. East Valley SPA #16
Figure II-21
Location: The planning area is located in central Escondido, immediately adjacent to, and east of downtown. The area extends approximately 1-mile along Escondido Creek, a concrete-lined flood control channel.

Size: The plan area covers approximately 191 acres within the City of Escondido.

Current Status: Commercial development characterizes a majority of the planning area. Big and mid-box retail, grocery and food service establishments are located within the planning area vicinity. Medical office buildings are also present due to the influence of the former Palomar Health Medical campus, which was demolished late 2021. Since the medical campus demolition, there has been an increase in vacancies within the surrounding office spaces.

Attachment "2"
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Page II- Escondido General Plan Land Use and Community Form Adopted
Attachment "2"
Plan Details: The East Valley Specific Plan establishes goals, policies, allowable land uses, development standards and guidelines for A wealth of topics are addressed as part of the plan, including: Mobility, Open Space and Trails, Economic Development, Sustainable and Equitable Development, and Design.

Guiding Principles: The East Valley Specific Plan’s goals incorporate a dynamic mix of land uses to ensure planned residential, commercial, and open space uses are linked together through multi-modal transportation corridor. Connections to Escondido Creek Trail and an aspiration to provide a unique and artistic identity seeks to revitalize the area and attract residents and businesses.
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Page II-83
Escondido General Plan Land Use and Community Form
Attachment "2"
Figure II-27
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Escondido General Plan Land Use and Community Form Page II-83 Attachment "2"
h. East Valley Parkway Target Area
Location: Generally between Escondido Creek and Grand Avenue, between Palomar Hospital and Midway Drive.

Size: 331 acres (Figure II-27).

General Plan Designations: Office (70 acres); GeneralCommercial (261 acres), Mixed Use Overlay (minimum 30 units per acre).

Current Status: Low intensity general retail, office, restaurants, and small-scale service businesses.

Adopted Plans: East Valley Parkway Area Plan and East Valley Specific Plan
Target Area 8 Guiding Principles:
1) Update the Area Plan for the Target Area to include smart growth principles as well as improved vehicular access and enhanced aesthetics from Highway 78 along Lincoln Avenue and Ash Street.

Strengthen Escondido Creek path connections, and better integrate public / private recreationalspaces.
2) Promote opportunities and incentives for attracting job training and technical/vocational schools and educational institutions that enhance employment opportunity forresidents.
3) Establish a mixed use overlay between Palomar Hospital and Ash Street to focus residential growth with increased building heights and intensities, distanced from lower density residential and appropriate buffers toensurecompatibility.
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East Valley Parkway Area Plan
Approved: September 22, 2004
City Council Resolution No. 2004-136
(Effective Date: November 5, 2004)
Acknowledgements
City Council:

Lori Holt Pfeiler, Mayor
Marie Waldron, Mayor Pro Tem
Tom D’Agosta
Ed Gallo
Ron Newman
East Valley Parkway Citizens Committee:

Sam Abed
David Buckley
William Corwin
William de la Fuente
Gene Heyer
Jon Hudson
Reg Javier
HarveyMitchell
Michael Morasco
Paul Page
Bill Reedy
Dennis Snyder
Shirley Winter
Dana Wohlford
City of Escondido:

Clay Phillips, City Manager
Charles D. Grimm, Director of Community Development
Jonathan Brindle, Assistant Planning Director
Jo Ann Case, Economic Development Manager
Susan Oliver, Code Enforcement Manager
Barbara Redlitz, Principal Planner, Project Manager
Lyn Dedmon, Economic Development Analyst
Craig Carter, Police Department
Greg Ellis, Police Department
Lori Asper, Senior Graphics / GIS Technician
Ruben Luna, Graphics / GIS Technician
Cover Photo: “Shifting Threshold” © by Joan Irving, 2002 310
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As amended:

Resolution 2005-79(R).......................................................................Effective May 4, 2005 Ordinance 2019-09.............................................................................Effective October 10, 2019 Ordinance 2021-11.............................................................................Effective November 26, 2021 Ordinance 2024-105 ........................................................................ Effective, [DATE] NOTE:

1. Strikethrough revisions to the
Table of Contents are not shown
to preserve document length.

2. Final document will include the
updated page numbers for Table
of Contents.
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Changes to the East Valley Area Plan
On July 19, 2023, the Escondido City Council adopted the East Valley Specific Plan (EVSP), a plan which reevaluates and modifies the policies, allowable uses, and land use patterns within a segment of the East Valley Parkway Area Plan (EVPAP). In order to reflect these changes, the Escondido City Council adopted resolution No. 2024-105 on August X, 2024, which adjusts the EVPAP’s boundaries so that they do not conflict with the EVSP. The figures below provide a side-by-side comparison between the old EVPAP boundary and the new site limits. As depicted in the image below (right), parcels located generally east of Hickory Street, west of Harding Street, south of the Escondido Creek Channel (with exception of those surrounding the Ash and Washington intersection) and north of Grand Avenue, are now subject to regulations in the EVSP.

California Government Code Section 65450 grants specific plans like the EVSP authority to lead the “systemic implementation” of a city’s general plan. In the event there is any future or unresolved conflicts between EVPAP and EVSP, the EVSP shall prevail. For parcels that fall under the area now governed by the EVSP, readers need to reference the EVSP for applicable guidelines, allowable uses, and any additional information.

The EVSP can be found online at:
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East ValleA
yttacPhmaernkt "w3" ay Area Plan
Table of Contents
Section Title Page
Section 1 Introduction 1

1.1 Purpose 1

1.2 Location 1

1.3 History 4

1.4 Plan Preparation Process 6
Section 2 Relationship to General Plan and City Policies

2.1 General Plan Conformance 8

2.2 Bicycle Facilities Master Plan 9

2.3 Zoning 9
Section 3 Area Plan Goals 11

3.1 Goals 11
Section 4 Land Use 12

4.1 Objectives 12

4.2 Existing Land Use 12

4.3 Future Land Use Opportunities 12

4.4 Land Use Policies 12

4.5 Principal Land Uses 15

4.6 Permitted Accessory Uses and Structures 23

4.7 Prohibited Uses 24

4.8 Parking 25

4.9 Signs 26

4.10 Review Process 27
Section 5 Appearance 28

5.1 Objectives 28

5.2 Property Maintenance and Enforcement 28

5.3 Design Guidelines 29

5.4 Public Art 29
Section 6 Circulation and Infrastructure 31

6.1 Objectives 31

6.2 Existing Conditions 31

6.3 Transit 34

6.4 Bicycle and Pedestrian Paths 34

6.5 Circulation Policies 34

6.6 Directional Signs 35

6.7 Other Infrastructure 35
Section 7 Economic Development 37

7.1 Economic Development 37
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7.2 Marketing 37
Section 8 Design Guidelines 39

8.1 Introduction and Purpose 39

8.2 Overall Design Concept 39

8.3 Architectural Design Guidelines 42

8.4 Site Design Guidelines 43

8.5 Building and Architectural Guidelines 49

8.6 Landscape Guidelines 54

8.7 Signage and Lighting Guidelines 56

8.8 Residential and Mixed-Use Guidelines 56
Section 9 Implementation 58

9.1 Implementation Mechanisms 58
Figures Follows
Page

1. Vicinity Map 2

2. General Plan 3

3. Zoning 10

4. Circulation Plan 32

5. Design Concept 40

6.A Mediterranean Design Concept 44

6.B Mediterranean Design Concept

6.C Conceptual Site Plan 46

7.A A Contemporary Style

7.B Contemporary Style 48

8. Conceptual Building Renovation 51

9. Building Renovation

10. Site Renovation 53
Tables

4.1 Permitted and Conditionally Permitted Principal Uses 17

4.2 Permitted Accessory Uses and Structures 23
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SECTION 1. INTRODUCTION

1.1 Purpose
The purpose of the East Valley Parkway Area Plan is multifold:
 To address the Commercial Policy objectives identified in the City’s General Plan including opportunities to attract office and professional uses, rehabilitate existing commercial centers, strengthen existing establishments through façade and streetscape improvements, and consolidate access point to improve traffic circulation
 To continue and strengthen the efforts for the renaissance of the area  To develop strategies encouraging older developed properties to upgrade facades, parking areas and landscaping and to maintain properties in a well-kept manner according to current Municipal Code
requirements
 To provide direction for the design of buildings, site planning, signs, and landscaping
 To provide a marketing tool for attracting targeted uses that contribute to economic development, and to encourage
additional educational uses to build upon the existing education cluster
 To provide guidelines for residential uses as part of mixed-use development  To develop strategies that encourage home ownership of residential units  To identify priorities for infrastructure improvement

1.2. Location
East Valley Parkway is located in the central portion of the City of Escondido, immediately adjacent to and east of downtown (refer to Figure 1 – Vicinity Map). The East Valley Parkway Area Plan boundary begins generally east of Harding Street and includes an approximately two-mile commercial district extendings an approximate two-miles generally along East Valley Parkway from Hickory Avenue to just east of Citrus Avenue (refer to Figure 2 – General Plan). At the western end, the A portion of the area is bounded by the Escondido Creek flood control channel on the north and Pennsylvania Avenue and portions of Grand Avenue on the south. East of Rose Street, the area consists of commercially zoned properties with frontage or access from East Valley Parkway. Given its proximity to downtown Escondido, the commercial area and surrounding residential development became one of the first areas of the city to develop as the City expanded eastward.

Mission Statement: The mission of the East Valley
Parkway Area Plan is to develop and implement a
comprehensive strategy for the revitalization of the
physical character and economic health of East Valley
Parkway businesses and community.
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Street trees frame distant mountain views along the scenic parkway

1.3 History
Brief Chronology of the Area:

The East Valley Parkway area thrived during its heyday during the 1960s as a major retail and entertainment district anchored by suburban shopping centers with ample parking.

With the development of the North County Fair regional shopping center (renamed Westfield Shoppingtown North County and subsequently North County Mall) at the southern boundary of the City, the customer base along East Valley Parkway declined and older buildings experienced higher vacancy rates. The area has experienced a renaissance which began in the late 1990s, as evidenced by new anchor businesses, a consolidation of retail, adaptive reuse of marginal commercial uses, a growing educational cluster, and the phased undergrounding of utilities. In 2023, the City adopted the East Valley Specific Plan (EVSP) governing portions of the East Valley Parkway Area Plan’s geographic area, thereby reducing the total area of the areaplan.

Detailed History:

Incorporated in 1888, Escondido is one of the oldest cities in the County. Over time, land use within the East Valley area has transitioned from agricultural uses to an automobileoriented commercial area bordered by residential uses. The original eastern city limits terminated at Ash Street. The eastern part of the valley was fast growing with ranches, orchards and other agricultural uses. This growth led to the need for a new, second elementary school to serve the east part of the City. Known as Oak Glen School, the school was constructed in 1892 in a grove of oaks at the east end of the valley. Destroyed by fire two years later, the school was rebuilt and renamed Orange Glen School, its current name. The unpaved road heading east from the downtown area past the school was known during the 1920s as “the road to Valley Center”.
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City zoning districts dating back to the 1930s designate the properties between Hickory and Ash Streets as an agricultural district. Defining the western boundary of the study area is was Palomar Medical Center, established in 1950 on the site of the former Escondido Hotel.

The eastern Ccity boundary at Ash Street remained unchanged until 1959 when properties along East Valley Parkway annexed to the City.

Some of the earliest development along the parkway consisted of mobile home parks, many of which still remain. As the City grew, commercial development followed the trend seen in other older cities characterized by traditional downtown settings; neighborhood stores and shopping centers with ample on-site parking were developed to provide services outside the downtown shopping area. Zoning dating back to the 1960s designateds the East Valley area, along with the downtown and South Escondido Boulevard areas, as general commercial districts. A significant event in the development of the East Valley area was the 1964 opening of the City’s first large shopping center, known as Escondido Village. The fully-enclosed, air- conditioned shopping center was built on the site of a former dairy,on
the corner of East Valley Parkway at Ash Street. While considered “state of the art” at the time, the center was renovated in the early 1990s to provide an open-air mall and increase street visibility for merchants.

Historically, the Escondido valley area was subjected to a number of floods as Escondido Creek topped its banks, most significantly in 1916 and 1927. Construction of the Escondido Creek flood control channel, known as the Escondido Creek Watershed Project, began in 1965. The project was built in four phases, using a combination of federal and state funds and a bond measure financed by Escondido residents. This concrete-lined channelextends from approximately Lake Wohlford Road on the east to the Harmony Grove bridge on the west end, and abuts the rear of many properties north of East Valley Parkway. The channel maintenance road also functions as a bicycle path.

Subsequent commercial development has been automobile-oriented, characterized by big and mid-box retail, strip commercial and food service establishments with ample parking generally located along the street frontage. Additional shopping centers were constructed, anchored by major retail stores such as Fedco, theaters, and grocery stores. In addition, a number of public uses were established. The satellite campus of Palomar College was established in 1989. In the 1990s the City purchased a commercial center located between Midway Drive and Citrus Avenue, and converted the former grocery store building into the East Valley Community Center, containing a branch library and gymnasium. Adaptive reuse of a shopping center east of Valley Plaza and Rose Street has been completed with the construction of a new charter high school campus
which opened in Fall 2003.

An underutilized commercial center was successfully renovated to the satellite campus of Palomar College, stimulating the establishment of other educational uses
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One of the main catalysts for the East Valley Parkway recent revitalization is the anticipated residential developments further east and north along East Valley Parkway, including Hidden Trails (East Grove – Specific Plan Area 12) and Eureka Ranch (Specific Plan Area #5).

Another catalyst for redevelopment was demolition of the former Fedco and Vineyard Shopping Center, and replacement with the Albertsons and Home Depot centers. The installation of a series of public art pieces known as “Shifting Threshold” in 2001 and 2003, provides a colorful and festive depiction of the East Valley area as it transitions from its agricultural beginnings to its current status as an
important commercial district. Additional infill development behind the Escondido Village Shopping Center is anticipated, which may result in the relocation of the Escondido School District administrative offices elsewhere within the district.

1.4 Plan Preparation Process
The need for an area plan for the East Valley Parkway area was identified in the Commercial Policies of the 1990 General Plan. To implement the General Plan objectives, the East Valley Overlay Ordinance (Ordinance 91-51) was adopted in 1991 as an interim ordinance. The overlay ordinance was intended to guide development and land use decisions in a manner consistent with the General Plan, until such time as a final area plan was adopted. Since that time, area property and business owners have continued to work with the City to focus attention and resources on the commercial district by forming the East Valley Association (EVA), a non-profit organization.

In 1997, SANDAG funded an urban design study for the East Valley Parkway corridor aimed at developing design
solutions that would enhance and revitalize the area. The design consultant (Estrada Land Planning) facilitated public workshops and recommended design solutions to address
community concerns. The recommendations were included
in the East Valley Parkway Corridor Urban Design Study
Summary Report, dated August 1997. Many of theconcepts
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included in thisstudy have been implemented as part ofsubsequent development proposals, and additional recommendations are incorporated into the area plan (Refer to Figure 5 – Overall Design Concept). Since the late 1990s a number of properties have undergone revitalization or replacement of existing business with new tenants. The EVA continuesto work closely with representatives from numerous City departments to revitalize the physical character and economic growth of the area.

At the request of the EVA in 2002, the City Council directed staff to prepare a comprehensive area plan for the East Valley Parkway area that will replaced the interim overlay ordinance. The City Council appointed a 13-member citizen’s committee, consisting primarily of property and business owners and area residents, to work with staff in developing the plan. The citizens’ committee focused their efforts on reviewing land use regulations, and developing design guidelines and property maintenance standards. 324
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SECTION 2. RELATIONSHIP TO THE GENERAL PLAN

AND OTHER CITY POLICIES

2.1 General Plan Conformance
The City’s General Plan provides a blueprint for growth and development within the City.

It specifically identifies the East Valley area for special consideration. Properties within the East Valley Parkway Area Plan are designated General Commercial (GC) in the Land Use Element of the General Plan (refer to Figure 2 – General Plan). This designation is characterized by a broad range of retail and service activities, including personal and business retail sales and service, eating and drinking establishments, and offices.

Automobile sales and service, while generally allowed in the general commercial area, are subject to special zoning restrictions
along East Valley Parkway. The
anticipated building height is
generally low-profile (one to three
stories) although taller structures
may be permitted where touristserving facilities or mixed-use projects are proposed.

Commercial centers provide a broad mix of retail and service uses Development and implementation of the Area Plan shall be consistent with the General Plan, which includes a number of Commercial and Economic policies applicable to the East Valley commercial area, as described below:
 Economic Policy B3.3 encourages the continued revitalization of the East Valley Parkway commercial area by upgrading its appearance and achieving a coordinated land use pattern, including retail, offices, visitor-serving activities and residential development.
 Commercial Policy B4.2 establishes the need to develop and adopt programs and ordinances directed at strengthening and rehabilitating existing commercial centers.
 Commercial Policy B4.4 requires new commercial developments over five acres in size to submit a study of existing and approved commercial development in the vicinity, vacancy rates, and other information to evaluate potential blight in existing commercial areas.
 Commercial Policy B4.5 requires future commercial activities to be organized in planned, grouped concentrations rather than organization in a linear fashion.  Commercial Policy B4.12 addresses the need to prepare a Land Use Area Plan for East Valley Parkway, and establishes the following objectives:
a. Analyze opportunities for attracting office and professional uses to the area; b. Encourage the rehabilitation of existing commercial centers rather than expansion;
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c. Seek ways of strengthening the existing
establishments through façade and streetscape
improvements. Upgraded public and private
landscaping and aesthetically-upgraded signage;
d. Consider multiple-family residential and office
uses as a replacement forsome existing commercial
uses; and
e. Establish mechanisms to consolidate access points
to commercial centers to improve traffic
circulation.
 Circulation Policy D2.7 establishes guidelines limiting access to Major Roads, such as East Valley Parkway, through the use of medians and access controls to maintain street capacity.
 Circulation Policy D2.7 establishes a policy of consolidating driveway access points along classified streets of Collector and above, to enhance and protect the capacity and safety of classified streets by reducing potential traffic conflicts. As a Major Road, East Valley Parkway is subject to this policy.

2.2 Bicycle Facilities Master Plan
The Bicycle Facilities Master Plan, adopted in 1993, establishes a system of bicycle routes and support facilities intended to provide an alternate mode of transportation as well as a recreational opportunity. The master plan identifies a Class 1 grade-separated bikeway situated along the service road bordering the channelized portion of Escondido Creek from the western end of the City to Lake Wohlford Road. The City has completed construction of this bicycle path from North Broadway to East Washington Avenue. A segment of this pathway borders the south side of the creek channel adjacent to the commercial properties along East Valley Parkway. Future improvements are anticipated to provide a gradeseparated bicycle crossing at Date and Ash Streets.

2.3 Zoning
Zoning Districts
Properties within the area plan prior to the EVSP’s adoption in 2023 included a mix of zoning districts (refer to Figure 3 – Zoning). The largest is the CG (General Commercial) district; other zones include the CP (Professional Commercial), HP (Hospital Professional), PD-R (Planned Development – Residential) and PD-C (Planned Development – Commercial) districts with the CG (General Commercial) district encompassing the largest area, and including the CP (Professional Commercial), HP (Hospital Professional), PD-R (Planned Development – Residential) and PD-C (Planned Development – Commercial) districts.

With the adoption of the EVSP, the only zoning district remaining in the area plan is the CG (General Commercial) district and CP (Professional Commercial). The intent of the Area Plan Overlay is to refine the list of land use and development standards of the underlying zone to conform with the General Plan policies and provide clear criteria for both new and existing development.

The standards of the underlying zoning and this area plan overlay shall be applied to development and use of property within the area plan boundaries as shown on Figure 2. 326
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Further, the Escondido Village Shopping Center Subarea as shown on Figure 3 shall be subject to the standards described in Sections 4.8 through 4.10. In the case of a conflict between the standards, the regulations and uses specified within this area plan shall prevail. 327
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Business Enhancement Zone (BEZ)
The East Valley Parkway Area is within the Escondido Business Enhancement Zone (BEZ). The intent of the BEZ is to induce and facilitate projects that provide significant public benefit and strengthen the image and appearance of the City. Projects within the BEZ are eligible for incentives pursuant to criteria adopted by the City Council. The potential incentives include financial assistance, relief from certain zoning requirements and expedited processing.

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SECTION 3. AREA PLAN GOALS

3.1 Goals
The following goals were developed to provide direction for the future development and revitalization of the East Valley Parkway area, as envisioned by the General Plan:

1. Provide surrounding neighborhoods with a convenient and attractive commercial area for their shopping, dining, entertainment, education and employment needs by attracting a full range of quality uses to the area, including retail, high-paying office and professional uses, educational clusters and sit-down dining establishments

2. Encourage revitalization of existing commercial centers through implementation of façade and streetscape improvements incorporating quality design of all exterior building improvements, landscaping and exterior colors

3. Provide an opportunity for start-up businesses to become established and promote the transition of marginal retail to higher and better uses

4. Determine where and to what extent existing commercial centers should recycle to mixed-use incorporating multiple family residential components

5. Identify site criteria and establish enforceable development standards for mixed-use residential developments through the Planned Development process, emphasizing design
elements and site amenities which typify and promote the home ownership market

6. Encourage the rehabilitation of existing uses by clarifying the approval processes to avoid excessive conditions that discourage rehabilitation

7. Develop comprehensive design guidelines to promote quality architectural design, reorientation of linear strip commercial with clustered site planning, and to unify the streetscape appearance as a landscaped parkway

8. Develop enforceable standards to insure properties are monitored and maintained at a high level of compliance with code requirements and conditions of approval.

9. Provide smooth traffic flow and improve accessibility to and through East Valley Parkway by developing a comprehensive directional sign program, and by consolidating access points onto East Valley Parkway and that portion of Ash Street (State Highway 78) and its intersecting streets contained within the area plan boundaries.
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SECTION 4. LAND USE

4.1 Objectives
The primary objective of the land use section is to identify a full range of desirable land uses that can achieve the area plan goals of stimulating the visual and economic revitalization and to provide surrounding neighborhoods with a convenient and attractive place for their shopping, dining, entertainment, education and employment needs. The land use objectives are intended to strengthen the area’s economic base, increase property values and support surrounding areas.

4.2 Existing Land Use
Existing Conditions:

The East Valley Parkway area is an established commercial district developed with a broad spectrum of retail, service, educational and recreational uses. The area contains approximately 400 329 businesses that represent approximately 48% of the total number of businesses in Escondido. With the establishment of the interim overlay ordinance in 1991, the list of permitted and conditionally permitted uses as established by the underlying zoning districts was refined to reflect the General Plan policies to promote revitalization of the corridor. Towards this end, a variety of automotive-related uses were specifically prohibited, including the sale or rental of motor vehicles, equipment and boats, and a higher level of review through the conditional use permit process was established for service stations and automobile sales and services. Any such existing uses are considered nonconforming and are limited in their ability to expand or extend the life of the use, pursuant to Zoning Code Section 33-1240 et seq.

The
Fformer Palomar Hospital anchoreds the west end of the parkway adjacent to downtown Escondido 332
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Existing land use is characterized by the following conditions:
 A high number of small to mid-size retail establishments, transitional uses, social services and food establishments, and minimal office development. Food establishments cater primarily to the fast-food market, while sit-down, family style restaurants are few in number.
 Between N. Fig Street and N. Ash Street, properties are developed with small commercial buildings on small, narrow lots with variable setbacks which hamper street visibility. On-site parking is limited and generally lacks interior connection to adjacent land uses.
 Properties located east of N. Ash Street are developed with a number of shopping centers anchored by large retail establishments such as a home improvement center, grocery store and furniture store.
 Existing buildings are low-scale, primarily single story. Older centers are characterized by traditional shopping center design with retail stores developed in a linear strip with shared parking located in front of the buildings and having little or no landscaping. Recently reconstructed centers include clustered developments with outpad buildings, site plans with improved street visibility and well-distributed parking.
 A cluster of educational uses, including Palomar College, Escondido Charter High School and the Escondido Union School District administrative offices are centrally located along or adjacent to the parkway .

Escondido Charter High School opened in Fall 2003
 Mixed-use developments containing a combination of retail and office uses are limited. No mixed-use residential projects have been developed since the Interim Overlay Ordinance was established in 1991.
 Recreational uses include the bicycle path along the Escondido Creek flood control channel and the East Valley Community Center. While located north of the flood control channel at Rose Street outside of the Area Plan boundaries, Washington Park also serves the recreational needs of the area.
333
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Ownership Patterns and Lot Configurations:

Individual ownership patterns and unusual lot configurations can create obstacles to efficient and attractive land use and site planning. An example of fragmented ownership is the area between N. FigHarding Street and N. Ash Street N. Midway Drive north of E.

Valley Parkway, which consist of small lots with narrow street frontages, typically 25 to 50 feet in width irregular lot sizes and configurations including lots with pan handles and shared access across several separately owned properties and developments. Developed properties generally have variable building setbacks, minimal parkway landscaping and limited on-site parking. Properties with alley access lack street visibility to East Valley Parkway. Further east of N. Ash Street, parcel sizes are generally much larger, with shared driveway and parking arrangements. Properties east of Harding Street are are deeper, allowing larger setbacks for parkway landscaping, parking lot screening and consolidated signage. Many established uses operate under long-term lease agreements which provide stability to the tenant but maybe a deterrent to potential new property owners. Continuing eastFor example, the Valley Plaza shopping center includes a number of long, narrow lots that are individually owned, contain multiple driveways and minimal parking lot landscaping. Efforts to revitalize the center in a comprehensive manner have been challenging due to the need to coordinate with multiple owners and tenants.

Individual ownership of some older commercial properties makes revitalization efforts difficult to coordinate between multiple owners

4.3 Future Land Use Opportunities
Mixed-Use:

Since 1990 the General Plan Land Use Element has promoted the establishment of opportunities for mixed-use residential and office development along East Valley Parkway.

However, no new mixed-use developments have been established. The intent of the General Plan policy is to increase the residential population in close proximity to commercial uses and to provide a range of viable land uses to replace or enhance underutilized commercial centers. Conversion of commercial sites to residential–only uses is not anticipated or promoted, since such redevelopment would reduce the inventory of employment and revenuegenerating commercial lands. However, establishment of mixed-use projects that include a residential component can enhance the vitality and stability of the area. Mixed-use projects, including a combination of retail/office and retail/ residential units with high quality design and amenities targeting the home334 Item11.

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ownership market, are encouraged. The planned development process will be required for mixed-use residential projects.

Other Targeted Land Uses:

The eEast portion of Escondido has experienced significant residential growth, with the development of the Hidden Trails development and other approved subdivisions in the East Valley Parkway and East Washington areas and in Valley Center. The recent dDevelopment of gaming casinos on tribal lands to the north has also contributed to an increased number of motorists along the parkway. To service this growth and take advantage of the increased exposure to motorists, an opportunity exists for infill development to attract new, higher quality commercial and office uses and spur revitalization of underutilized parcels.

Properties adjacent to the Highway 78 (Ash Street) intersection with East Valley Parkway are easily accessible and are particularly well suited for potential development of quality office space to serve the employment needs of the new residential growth in the area.

4.4 Land Use Policies
The following policies are intended to guide land use patterns and distribution:

1. Encourage consolidation of ownership to facilitate revitalization and significant aesthetic improvement through comprehensive site planning and design and property maintenance coordination.

2. Provide incentives for the consolidation of properties between N. Fig and N. Ash Streets, and within the Valley Plaza Shopping Center to encourage redevelopment in a comprehensive design.

3. Consider opportunities for shared parking and access arrangements where lot consolidation is infeasible.

4. Encourage the establishment of desirable land uses to serve the increasing residential base and to capture visitor traffic in east Escondido, including the following::
 Home improvement and home furnishing
stores
 Educational institutions and support
facilities
 Medical and hospital support uses
 Concentration of Class A office space for
large employers, flagship / headquarters buildings, and mixed-use office developments
 Office buildings for small independent and incubator businesses and professional services, serving the employment needs of the new residents in the east valley area
 Sit-down and family-style restaurants
 Entertainment uses, including movie theaters
 Commercial types of recreational uses, such as athletic clubs 335
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Recent construction of a second large home improvement center boosts sales tax revenue and provides convenient retail trade to meet demand created by significant new residential construction in the east portion of Escondido

4.5 Principal Land Uses
The following Table 4.1 lists those uses in the underlying commercial zone that are permitted (P) subject to business license or plot plan review, or subject to conditional use permit (C) pursuant to Zoning Code Article 61, Division 1. An asterisk (*) indicates uses subject to special regulations of the Zoning Code article shown in parentheses. In the planned development zones (PD-R and PD-C), permitted uses are identified in each planned development master plan approval. The review process is described in Section

4.10. Scenic hillsides provide an attractive backdrop to this recently renovated shopping center 336
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Table 4.1

PERMITTED AND CONDITIONALLY PERMITTED PRINCIPAL USES

USE TITLE CG CP HP
RESIDENTIAL AND LODGING:
 Bed and Breakfast (Article 32*) C* --- C*
 Hotels and Motels (Article 63*) C* --- ---
 Lodging for organization members only C --- ---
 Mobile home or travel trailer parks (Articles 45 & 46*) C* --- ---  Multi-family residential as part of a mixed-use project PD --- ---

MANUFACTURING, WHOLESALE TRADE, AND
STORAGE:
 Any use or structure permitted or conditionally permitted in a zone and involving hazardous materials (Section 33-
666*)
C* C* C*
 Mini-warehouse storage facilities (Article 57*) C* --- ---  Newspaper printing and publishing P --- ---
RETAIL TRADE:

Automotive and marine craft
 Automotive parts and accessories sales with no repair or installation

P --- ---
 Gasoline service stations including concurrent sale of alcoholic beverages and motor vehicle fuel (Article 57* and Council Resolution #5002*)
C* --- ---
Food and Drink Sales
 Food stores (grocery, produce, candy, baked goods, meat, delicatessen, etc.), excluding sale of liquor, tobacco and smoking-related products as primary use)

P --- ---
 With facilities to dispense gasoline (Article 57*) C* --- ---  Liquor stores, packaged (off-sale) --- --- ---
General Retail
 Antique and Consignment stores P --- ---
 Bargain basement stores --- --- ---
 Building materials and supplies including lumber, heating, plumbing, and electrical equipment, etc. (Outdoor storage or sale subject to CUP)

P --- ---
 Consignment shop (Section 33-1127 of the ZoningCode*) P --- ---  Drugstores P P ---
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USE TITLE CG CP HP
 Drug stores with drive-through (Section 33-341 of the Zoning Code*)
 Florists, gifts, cards, newspapers and magazines
C
P
C
P
---
P
 Florists, gift, cards, newspapers and magazines with drivethrough (Section 33-1127 of the Zoning Code*)  Furniture, home and office furnishing and equipment,
C
P
C
---
C
---
electrical appliances, and office machines and supplies  General retail of new merchandise, NEC (as determined by the Director of Community Development Services ,

P --- ---
based on conformance with the purpose of the specific
zone, interaction with customers, the appearance of the building, the general operating characteristics, the type of vehicles and equipment associated with the use, and
including
incidental assembling of customized items);
 General retail of new merchandise, NEC with drivethrough (Section 33-1127 of the Zoning Code*)  Hospital/medical equipment sales
 Nurseries and garden supply stores
 Outdoor retail, NEC (as a principal use)
 Pharmacies
C
P
P
C
P
---
---
---
---
P
---
P
---
---
P
 Sporting goods (includes ammunition and firearms,
fishing, hunting, golf, playground equipment, etc.)
 Temporary seasonal sales such as Christmas tree and
P
P
---
---
---
---
wreath sales, pumpkin sales, etc., on vacant lots subject to site plan approval
EATING AND DRINKING ESTABLISHMENTS:

Cabarets and nightclubs (with or without alcoholic beverages, C --- --- including comedy clubs, magic clubs, etc.)
Drinking places-alcoholic beverages (on-sale beer and wine and C --- --- on-sale general licenses and public premises) includes bars and taverns, does not include restaurants serving alcoholic beverages.

Restaurants, cafes, delicatessens, and sandwich shops, without P P P alcoholic beverages
 With on-sale beer and wine and on-sale general licenses P --- ---  Auto oriented drive-in, drive-through (Section 33-341*) C --- ---  Specialized food sales from pushcart facilities (Section 33-342*)
P* P* P*
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USE TITLE CG CP HP
SERVICES:

Animal Care (excluding kennels) P --- ---
Automotive services (including motorcycles, motorized vehicles, marine craft and recreational vehicles)
 Automobile supply stores with incidental installation P --- ---  Boutique car sales or car dealership --- --- ---
 Car-wash, polishing, vacuuming, detailing as a primary or accessory use
C* --- ---
 Commercial vehicle repair --- --- ---
 General vehicle repair C --- ---
 Junyard and wrecking yard --- --- ---
 Limited vehicle repair and service in freestanding or single tenant building

C --- ---
 Limited vehicle repair and service in multi-tenant centers which were comprehensively designed and approved for
automotive repair prior to Area Plan

P --- ---
 Tow yard storage --- --- ---
 Tractor or heavy truck sales, storage, or rental C --- --- Educational services
 Day nurseries, child care centers (Article 57*) C* C* C*  Schools, including kindergarten, elementary, junior, and senior high schools (Article 57*)
P* --- C*
 Special needs education P P P
 University, college, junior college, and professional schools
P P C
 Vocational and trade schools P P ---
 Other special training (including art, music, drama, dance, language, etc.)

P --- ---
Government services
 Administrative centers and courts P P C
 Employment and training services P P P
 Operation Centers C C C
 Police and fire stations C C C
 Postal services P P P
Financial services and institutions
 Banks, securities brokers, credit offices (excluding check cashing as a primary use)

P P ---
 Check-cash / pay day --- --- ---
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USE TITLE CG CP HP
 Insurance P P P
Medical, dental and related health services
 Counseling services C C C
 Hospitals, excluding small medical clinics C C C
 Medical clinics and blood banks P --- P
 Medical, dental, optical, and other health care offices and laboratories
P P P
 Sanitariums, convalescent and residential care facilities C --- C  Other medical and health services NEC C C C
Offices and business services, except medical
 Call centers and telemarketing services C C C
 General business services (including advertising, building services, credit reporting, detective/protective services, drafting, employment services, news syndicate, computer services, etc.)
P P P
 General office use (includes professional offices, legal services)
P P P
 Mailing, stenographic, accounting and office services P P P  Messenger services P P P
 Real estate services P P ---
 Travel agencies and services P P ---
Repair services, except automotive
 Apparel and shoe repair and alteration P --- ---
 Bicycle repair P --- ---
 Locksmiths and key shops P P ---
 Miscellaneous repair services (excluding machine shops and welding services)

P --- ---
 Small appliance repair and services (including TV, radio, VCR, computers, household appliances, etc.)

P --- ---
 Watch, clock, and jewelry repair P P ---
Social, professional, and religious organizations and services  Churches, synagogues, temples, missions, religious
reading rooms, and other religious activities including columbaria and mausoleums as an incidental use (Article 57*)
C* C* C*
 Professional organizations (political membership,
veterans, civic, labor, and similar organizations, etc.) P P P
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USE TITLE CG CP HP
 Social services and charitable organizations includingonly office and administrative activities, and excluding direct distribution of goods or services to the ultimate client at this location
P P P
 Youth Organizations (Article 57*) C* --- ---
Other services
 Assembly halls, fraternities, sororities, lodges, etc. C --- ---  Barber, beauty, nail, and tanning services, excluding tattoo parlors
P P P
 Hospital/medical equipment rental and leasing P --- P  Laundry and dry cleaningservices (Section 33-343 of the Zoning Code*)
 Commercial laundry --- --- ---
 Drycleaning, laundering, pressing and dying for onsite retail customers onlyP --- ---  Pick-up service only P P ---
 Self-service, coin-operated P --- ---
 Mortuary (excluding crematories and mausoleums) P --- P  Personal services, NEC (including clothing and costume rental, marriage bureaus, baby-sitting services, etc.)

P --- ---
 Photographic and duplicating services:
 Blueprinting and photocopying P P P
 Studios, developing, printing, and similar services,
except commercial photography
P P P
 Commercial photography, includingaerial
photographs and mapping services

P --- P
 Picture framing, assembly only P --- ---
 Recycling Services
 Reverse vending machines occupying a total of fifty
(50) square feet or less (Article 33*):

P* P* P*
 Small collection facilities occupying a total of five hundred (500) square feet or less (Article 33*):

P* P* P*
 Aluminum can and newspaper redemption center
without can crushing facilities (Article 33*):

C* --- ---
CULTURAL ENTERTAINMENT AND RECREATION:
 Adult entertainment establishments (Article 42*) P* --- ---  Amusement assembly, including amusement parks,
arcades, dance halls, drive-in movie theaters, miniature golf, go-carts, electronic game centers, etc.

C --- ---
 Cultural, including museums, art galleries, etc. P P --- 341
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USE TITLE CG CP HP
 Entertainment assembly, including gymnasiums, athletic clubs, body building studios, dance studios, martial arts schools, etc.

C --- ---
 Health and fitness facilities, including gymnasiums,
athletic clubs, body building studios, dance studios,
martial arts schools, etc.

P C C
 Libraries P P C
 Parks P P P
 Sports and recreation facilities, including bowling alleys, billiards, indoor and outdoor skating facilities, batting cages, riding schools and stables, etc.

C --- ---
 Swimming schools and pools C --- ---
 Theaters, indoor motion picture and legitimate P --- ---

TRANSPORTATION, COMMUNICATIONS AND
UTILITIES:

Transportation
 Ambulance and paramedic C --- C
 Bus and train depots P
 Park-and-ride facilities P P P
 Parking lots and parking structures (short term) P P P  Taxicab stand P --- P
Communications (telephone, telegraph, radio, TV, etc.)
 Broadcasting (radio and/or television), recording, and/or sound studios

P P ---
 Personal wireless service facilities
 roof-mounted or building-mounted facilities
incorporating stealthy designs and/or screened from
public ways or significant views (Article 34*)
P* P* P*
 pole-mounted or ground-mounted facilities that
incorporate stealthy designs and do not exceed 35’ in
height (Article 34*)
P* P* P*
 pole-mounted or ground-mounted facilities that exceed 35’ in height or roof-mounted or building-mounted
designs which project above the roofline and are not
completely screened or considered stealthy (Article
34*)
C* C* C*
 Other communications, NEC C C ---
 Radio and television transmitting towers C C ---
 Telephone exchange stations and telegraph message
centers

P P ---
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USE TITLE CG CP HP
Utilities (electric, gas, water, sewage, etc.)
 Central processing, regulating, generating, control,
collection, storage facilities and substations
C C C
 Distribution facilities P P P
* = Subject to special regulations –see Zoning Code Article in parentheses NEC = Not Elsewhere Categorized

4.6 Permitted Accessory Uses and Structures
Accessory uses and structures are permitted in commercial zones, provided they are incidental to, and do not substantially alter the operating character of the permitted principal use or structure as determined by the Director of Community Development Services. Such permitted accessory uses and structures include, but are not limited to, the following:
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Table 4.2

PERMITTED ACCESSORY USES AND STRUCTURES

USE TITLE CG CP HP
 Accessory buildings such as garages, carports and
storage buildings clearly incidental to permitted use
P P P
 ATM kiosk P P ---
 ATM kiosk with drive-through (Section 33-341 of the
Zoning Code*)

C --- ---
 Bus stop shelters (Article 57* and Article 9*, Chapter 23 EMC*)
P* P* P*
 Caretaker’s or resident manager’s quarters(for
lodgings, motels, hotels, and mortuaries)

P --- P
 Check cashing P P ---
 Drive-through (Section 33-341 of the ZoningCode*) C C C  Employee recreational facilities P P P
 Fleet Storage (as an accessory use) P P P
 Helipad, as incidental use only (Article 57*) C* C* C*  Live entertainment P P P
 Liquor sales, packaged off-sale P --- ---
 Outdoor dining in conjunction with an approved eating place (Article 57*)
P* P* P*
 Outdoor display of merchandise (Article 73*) P* P* P*  Satellite dish antennas (Article 34*, CUP required for some sizes and heights)
P*/C* P*/C* P*/C*
 Storage of materials used for the construction of a
building, including the contractor’s temporary office,
provided that such use is on the building site or
immediately adjacent thereto and provided further, that such use shall be permitted only during the
construction period and the thirty (30) days thereafter P P P
 Temporary outdoor sales (Article 73*) and special
events subject to the issuance of a temporary use
permit
P* P* P*
 Tobacco products P P ---
 Tow truck operation incidental to repair P/C --- ---
 Vending machines (Article 33*) P* P* P*
* = Subject to special regulations – see Zoning Code Article in parentheses. 344
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4.7 Prohibited Uses
All uses not listed as permitted primary or accessory uses, or conditionally permitted uses shall be prohibited. Such prohibited uses include but are not limited to those which for a special emphasis are listed below:
(a) Automobile, motorcycle, truck and trailer rentals
(b) Boat sales and rentals
(c) Check cashing as a primary use
(d) Commercial vehicle repair
(e) Equipment rental and leasing services
(f) Motor vehicle sales and car dealerships (new or used), including boutique carsales, recreational vehicles, motorcycles and other motorized vehicles (g) Pawn shops
(h) Retail uses with across the board maximum pricing or “everything under” pricing (i) Social services and charitable organizations involving the direct distribution of goods or services to the ultimate client at this location (j) Swap meets (interior or exterior), involving the rental or leasing of numerous small, delineated spaces to separate, unrelated proprietors which collectively sell a wide variety of goods and services, within a building, location or business, as a single entity
(k) Tattoo parlors
(l) Thrift stores
(m) Tobacco store and private smoker’s lounge
(n) Tow yard storage, junyards, and fleet storate as a primary use (o) Used or secondhand merchandise, excluding consignment sales (p) All uses and structures not listed as permitted primary or accessory uses, or conditionally permitted uses shall be prohibited. However, the Director of Community Development Services may approve a use, after study and deliberation, which is found to be consistent with the purposes of this article, similar to the uses listed as permitted uses, and not more detrimental to the zone than those uses listed as permitted uses
(q)Any existing residential structure shall not be used for both residential and commercial purposes at the same time.

4.8 Escondido Village Shopping Center Subarea
The Escondido Village Shopping Center Subarea (Sub-area) is planned to serve as a part of the central, retail node of the East Valley Parkway Business Area. The planned relocation of the EUSD offices creates an opportunity for a second, large, nationally recognized, anchor to complement Home Depot on the adjacent property. The planned location of Major retailer in this area would provide the desired market draw. The Subarea’s size and central location makes it suitable for intensive commercial development that would draw shoppers to the East Valley area and stimulate further revitalization activity.
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The site configuration of the Sub-area, large number of unused parking in the rear, and need to maintain existing users limits redevelopment potential to the southwest portion of the site. The plan provides for special parking incentives to achieve the critical mass of commercial development.

The Sub-area will contain a total of approximately 342,000 square feet of commercial uses (excluding the approximate 18,426 SF of covered outdoor garden area for Wal-Mart) which would be served by a total of 1,144 parking spaces. Although this overall ratio of just less than 3 spaces per 1,000 square feet of retail is lower than normally required by the City zoning code (5 spaces per 1,000 square fee of retail), it is appropriate since a parking study prepared for the Sub-area illustrated that the projected peak occupancy for the Sub-area would be 1,140 spaces (Updated Parking Occupancy Study, Katz, Okitzu & Associates, April 27, 2005). Restaurant square footage has been limited to previously approved and existing levels because of its potential impact on the amount of available parking. Although additional restaurant space is desirable, and consistent with the goals of the East Valley Parkway Business Area, future expansions of restaurant square footage must be analyzed to ensure that parking demand does not exceed the number of available spaces.

Increases in restaurant space beyond the existing 22,000 +/- SF may be approved administratively, if they do not result in any net change to the projected parking utilization rate of 99.7%. Modifications to either the square footage or use of existing structures (along with appropriate use restriction agreements) may be utilized to maintain the approved parking utilization ratio. For example if any of the current 342,000 square feet is changed to a use which requires a lower or no parking requirement, such differential maybe used to satisfy the increase in restaurant occupancy. Differential parking demands shall be based on the City of Escondido’s adopted parking ratios pursuant to the Escondido Zoning Code after such project changes and prescribed ratios are taken intoconsideration.

Restaurant space expansions that alter the approved parking utilization ratio shall require a new parking utilization study and the appropriate level of environmental review, to the satisfaction of the Director of Community Development. Said increases shall require a public notice in accordance with the Administrative Adjustment provisions of the City of Escondido’s Zoning code that would only result in a public hearing if appealed. In no event may the estimated utilization rate increase beyond 100%. It is the City’s intent to accommodate additional restaurant space to the extent that parking or other land use problems are not found to exist.

The Major retailer parcel will be developed pursuant to parking standards for general retail uses. The supplemental parking limitations, restaurant limitations, demolition and construction requirements and the various other requirements and conditions imposed on the Escondido Village Mall as specified in resolution 2005-79 shall be rescinded upon the expiration of Conditional Use Permit 2003-18-CUP.

4.94.8 Parking
Existing conditions:
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West of N. Ash Street, Pproperties within the area plan contain limited to no on-site parking, and on-street parking along East Valley Parkway is prohibited. Lack of available parking limits redevelopment opportunities for these properties. Larger properties further east generally contain ample on-site parking, with shared access and parking arrangements.

Available parking tends to be located along the street frontage, resulting in large setbacks for retail uses. Distribution of some required parking in older commercial centers is inconveniently located behind commercial buildings. As redevelopment of shopping centers occurs, the clustering of buildings and redistributing of parking to improve accessibility for customers, employees and delivery vehicles will be encouraged.

Consolidated driveways and attractive landscaping soften the view of large parking lots Parking Standards:

1. The parking ratios and design of the parking lots shall be consistent with Zoning Code Section 33-760. Reconfiguration of parking lots shall require plot plan review (per Section 33-340) by the Design Review Board.

2. Required parking for shopping centers (as defined by Zoning Code Section 33-765) may be reduced through the planned development or other legislative action and environmental review process, subject to all of the following criteria:
 A parking demand study is prepared demonstrating that the parking reduction will not result in overflow parking on public streets or residential neighborhoods.
 The site design for the shopping center provides internal vehicular circulation and convenient pedestrian connections between store entries.

3. Required parking for the Escondido Village Shopping Center Subarea (as shown on Figure 3) shall comply with the following criteria:
 The Sub-area shall be limited to a maximum square footage of 342,000 gross SF and shall maintain a total of 1,144 spaces.
 Parking for the Major retailer, or other retail user, shall maintain a minimum parking ratio of one parking space for each two hundred fifty square feet in addition to a ratio of one space for each 1,000 SF of outdoor display area permitted through the Conditional Use Permit Process.
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 The amount of restaurant space shall be limited to that either approved or existing as of September 2004 (date of DEIR release).

4.3. Reductions in the number of required parking spaces (up to 25%) may be approved through the BEZ process (Article 69) through an Administrative Adjustment.

5.4. Landscaping shall comply with City Landscape Standards of the CG Zone at a minimum. Additional landscaping may be required at the discretion of the Design Review Board and Director of Community Development Services.

6.5. For new development, joint-use parking and access agreements with adjacent properties may be required where feasible to provide an opportunity to eliminate unnecessary curb cuts, utilize existing parking, facilitate pedestrian circulation and eliminate unnecessary parking facilities.

7.6. Parking lot design shall conform to the Design Guidelines in Section 8 to the extent feasible.

4.104.9 Signs
Since the East Valley Parkway commercial area is not located along a major freeway, the success of the businesses is largely dependent upon directional signs to guide customers to the district, particularly from Interstate 15 through the Downtown area. A comprehensive Citywide directional sign program will be developed. The program will include signage to direct people to established business districts like East Valley Parkway.

Business signage is intended to identify a center or building and to attract potential customers. Given the function of East Valley Parkway as a Major Road handling a high volume of traffic, business signage is oriented towards motorists rather than pedestrians.

While shopping centers under common ownership or management have developed comprehensive sign programs, the narrow parcel configurations under separate ownership lack sign coordination. Consequently, existing signs often compete with each other to attract attention through overly bright colors and excessively large lettering and graphics, resulting in an often cluttered and eclectic appearance. Large exterior windows are often used as canvasses for temporary painted signs and posters, adding to the visual clutter. The sign ordinance will be enforced to reduce the clutter of illegal signs and make legal signs more effective. New signs shall be consistent with the Citywide Sign Ordinance (Article 66 of the Zoning Code). Due to the lack of direct street frontage and visibility of the Major retailer parcel within the Escondido Village Shopping Center Subarea, one additional freestanding sign not to exceed 150 SF of display area shall be allowed on East Valley Parkway. Additional sign guidelines are contained in Section 8 Design Guidelines.

Consolidating shopping center signage on entry monuments reduces visual clutter and confusion for the motorist
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Section 4.11 Review Process

1. Business licenses: The Director of Community Development Services (Director) or his designee shall review all business license requests within the area plan to determine if the proposed land use and required parking are consistent with the provisions of the Area Plan Tables 4.1 and 4.2, and Zoning Code Section 33-765.

The Director may refer business licenses to the Fire and Building Departments to determine compliance with other applicable codes.

2. Exterior modifications:
a. The Design Review Board (DRB) shall review all proposed exterior improvements as defined by the Zoning Code Section 33-1354, to determine conformance with Section 8 - Design Guidelines. The DRB may recommend to the Director the conditions to be applied to the project. All such conditions are subject to appeal to the Planning Commission.
b. All other exterior modifications to structures or sites not otherwise subject to DRB review, including changes in exterior colors or materials, shall comply with Section 8 – Design Guidelines, as determined by the Director or his designee. The Director may request submittal of information needed to determine conformance with requirements and may refer requests to the DRB prior to approval.

3. Permits: The Director or his designee shall review all requests for building permits, plot plans and discretionary permits within the area plan to determine if the proposed use and development are consistent with the provisions of the Area Plan and design guidelines.

4. Property Compliance Evaluation: Prior to approval of any plot plan or discretionary permit, the Director shall prepare a property compliance evaluation to ensure that the property conforms to the Property Maintenance Ordinance (Article 20 of the Municipal Code), the Sign Ordinance (Article 66 of the Zoning Code) and any prior approvals. No approvals shall be granted until compliance issues are resolved or conditioned to the Director’s satisfaction. The Director may solicit input from the East Valley Association and other interested organizations as deemed necessary or appropriate.
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SECTION 5: APPEARANCE

5.1 Objectives
An important objective of the area plan is to provide an attractive appearance along the parkway through the application of design guidelines for streetscape and façade improvements, by oversight of exterior building and property modifications through a review process, and by enforcement of property maintenance requirements. The intent is to create a landscaped parkway that complements rather than competes with the natural setting of the valley floor and frames the backdrop of the mountains to the east, while still facilitating the visibility of commercial uses to motorists. Implementation measures to improve the visual appearance focus on code enforcement, property maintenance review, design guidelines and public art, as described below.

Well-maintained buildings and landscaping shows respect for the customer by making them feel welcome, comfortable and safe

5.2 Property Maintenance and Enforcement
As an established commercial district that does not have the advantage of a common ownership or management entity, the parkway has developed incrementally. Many established uses are tenants rather than owners, and therefore have limited resources or authority to upgrade or maintain the property. Multiple ownerships, within a block, often contribute towards varying approaches in property maintenance. City standards regarding landscaping requirements, sign allowances and architectural design review have evolved over many years. The result is an inconsistent and uncoordinated visual appearance as properties have developed under the standards in effect at the time.

Property maintenance contributes significantly to the visual appearance of the area. While the amount of on-site landscaping may vary, proper maintenance of landscaped areas contributes making the area appear to be thriving and attractive. Proper watering, weeding, 350
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pruning, trash removal and fence repair are necessary maintenance practices for all property owners and tenants. General building maintenance, such as painting, graffiti removal and adequate night lighting is also important. Self policing of business signage to ensure only legal signs exist, benefits the business itself and the surrounding businesses.

The following policies are intended to guide property maintenance and enforcement:

1. Require commercial properties to be well-maintained, free from litter, well lit for security, free of illegal signs, and in good repair. Particular attention shall be paid to the portions of the property visible from public streets and the Escondido Creek channel bicycle path, to maintain an attractive appearance.

2. Establish a property maintenance review process as part of the East Valley Parkway Overlay Zone to further insure that a property conforms to all applicable landscape, sign and development standards, as previously described in Section 4.10.

5.3 Design Guidelines
To provide a visually attractive streetscape, a comprehensive set of design guidelines has been prepared (refer to Section 8). Given the length of the commercial district, variety of architectural styles, exterior materials, site layouts, and landscape elements, a single unified thematic design is infeasible and may discourage creative design solutions. Therefore the design guidelines are intended to encourage quality design through consideration of the natural elements, the context of the project, the needs of the owner and users, and the aesthetic and functional enjoyment of the final solution. The guidelines establish an expectation of quality design, creativity and incorporation of unifying elements as the basis for review by the Design Review Board, to be implemented in proportion to the nature of the proposed improvements. For example, since redeveloped sites have greater flexibility regarding the inclusion of new design elements compared to minor changes such as business licenses changes and repainting of buildings, the Design Review Board is granted some degree of flexibility and discretion to determine thresholds for compliance. The complete Design Guidelines are contained in Section 8.

5.4 Public Art
The City collects a Public Art fee at the time of building permit issuance for new development. The East Valley area has benefited significantly from the public art program with the installation of several public art pieces along the parkway. The artwork known as “Shifting Threshold” by Joan Irving, includes the installation of a series of interrelated glass and metal pieces constructed at several key locations within the median and public parkway. The art pieces provide colorful graphic depictions representative of the City’s rich agricultural, cultural and industrial history, and provide a thematic identity to the area.

Completed in 2001 and 2003, the art pieces define the east and west entries to the parkway at N. Hickory Street and Citrus Avenue, as well as at key nodes located near Harding and Rose Streets and Midway Drive. Additional opportunities for public art projects using 351
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private donations are anticipated; the most recent installation is the grouping of sculptures around the flagpole at the new charter high school.
“Shifting Threshold”, a public art project by local artist Joan Irving includes a series of sculptures along East Valley Parkway emphasizing the rich heritage of the City of Escondido
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SECTION 6: CIRCULATION ANDINFRASTRUCTURE

6.1 Objective
The area plan is intended to identify and accommodate circulation and infrastructure needs pursuant to Circulation Element standards for level of service and median and parkway landscaping, while facilitating access to commercial properties, in an effort to improve the appearance and safety for pedestrian and vehicular traffic.

6.2 Existing Conditions
Regional Context
The East Valley Parkway area lacks direct freeway access. The district begins approximately 1.5 miles east of Interstate 15, beyond downtown Escondido. Highway 78 as an elevated freeway terminates at the North Broadway exit, and continues east and south as an at-grade highway along Lincoln Parkway to Ash Street where it crosses East Valley Parkway and ultimately transitions to San Pasqual Valley Road. The primary travel routes to the parkway are from I15 through downtown and from Highway 78 south to Ash Street.

Additional visitors arrive from the northeast via Valley Center Road and from the southeast via Bear Valley Parkway and Citrus Avenue. Merchants and property owners have consistently indicated that their customers have difficulty finding their businesses, due to the lack of immediate freeway access, the need for I15 motorist to travel through the downtown area, the street name and directional changes along the way, and the lack of adequate directional signage.

General Plan
The Circulation Element of the General Plan designates East Valley Parkway as a Major Road from Hickory Street to Midway Drive, with an anticipated paved width of 82 feet (four travel lanes and a center median or turn lane) within a 102-foot right-of-way. East of Midway Drive, the road transitions to a Prime Arterial consisting of a 106 foot paved width (six travel lanes and a center median or turn pocket) within a 126-foot right of way. To accommodate the maximum number of travel lanes, street parking is prohibited in most areas. The Circulation Element also designates Grand Avenue as a Collector Road, with a paved width of 64 feet with an 84-foot right-of-way. Grand Avenue is fully improved within the district.

Portions of the East Valley Parkway district are not fully improved to General Plan standards. The eastern segment of the parkway (east of Midway) is improved to the ultimate width, with a paved center turn lane. The central and western segments are constructed to four travel lanes with a center turn pocket. To accommodate projected traffic along East Valley Parkway at acceptable levels of service, the Circulation Element anticipates that additional widening is needed, driveways will be consolidated where possible and a raised center median will ultimately prohibit mid-block left turns. A number of Circulation Element streets intersect East Valley Parkway, as shown on the attached Circulation Plan (Figure 4). Most notable is Ash Street (Highway 78), under Caltrans jurisdiction. 353
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Westbound motorists approach the Ash Street intersection (Highway 78) Site Access and Parking
Many properties utilize individual curb cuts along East Valley Parkway for driveway access. Individual properties lacking frontage along a side street, alley, or via a shared access agreement rely on these curb cuts for access. A center turn lane is provided along much of the parkway to allow mid-block left turn movements. However along other segments (such as the approach to the AshHardingRose St Street intersection from the West on East Valley Parkway), a raised center median prohibits mid-block left-turn movements, forcing motorists to make U-turns at the next intersection. Separate curb cuts facilitate access to individual properties, but impede overall circulation flow. Additionally, multiple driveways create the need for competing signage.

Due to the nature of existing land uses along the parkway, large truck rigs often park on the street. To insureensure compatibility with established residential uses, parking of “big rigs” is prohibited in front of the residential property on the north side.

Mid-block left turn lanes, which facilitate access to individual businesses, may impede traffic flow 356
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6.3 Transit
The North County Transit District (NCTD) operates the public transit system in Escondido.

Current bus ridership along East Valley Parkway is low; additional bus routes are provided along Grand Avenue, Washington Avenue and Mission Avenue. A Park and Ride facility is available along Grand Avenue west of Rose Street.

NCTD coordinates with the City regarding bus routes and bus stop locations. Due to the constrained right-of-way, bus turnouts are currently unavailable; new developments may be required to provide bus turnouts, ADA accessible pads and benches where feasible. Bus shelters and shade structures, while desirable, are generally not required due to low ridership levels and maintenance concerns.

6.4 Bicycle and Pedestrian Paths
As discussed in Section 2.2, the Bicycle Facilities Master Plan identifies a network of bicycle paths traversing East Valley Parkway. Phased implementation of the bicycle path system has been funded primarily through SANDAG. Completion of the Escondido Creek bicycle path continues to be a top priority as a way to provide an alternative and convenient mode of transportation and enjoyable recreational opportunity. The City will continue to pursue funding for grade-separated crossings (bridges or underpasses) at key locations, including crossings at Date and Ash Streets.

Pedestrian circulation is provided along improved sidewalks through most of the district.

The long “super blocks” between Harding Ash Street and Citrus Avenue and the lack of mid-block crossings discourage pedestrians who are inconvenienced by the long distances between controlled intersections. Pedestrians wishing to cross to the other side to access a bus stop or commercial center must travel long distances and double-back. This configuration is particularly difficult for the large number of senior citizens live in the apartment buildings and mobile home parks along the parkway.

Opportunities to improve pedestrian circulation across East Valley Parkway will be explored as part of future capital improvement projects.

6.5 Circulation Policies
New developments shall be subject to the following policies in order to balance the need for smooth traffic flow with convenient customer access:

1. Evaluate opportunities to improve circulation across East Valley Parkway and to provide through-block connections to Grand Avenue as part of majordevelopment projects within the “super block” area between HardingAsh and Rose Streets. 357
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2. Prohibit installation of new or additional curb cuts on East Valley Parkway and Ash Street (Highway 78) except as a replacement for closing another curb cut elsewhere on the frontage, to the satisfaction of the public works director and Caltrans.

3. Construct public improvements commensurate with the proposed development, including but not limited to, enhanced or replaced sidewalks, street parkway landscaping, curb ramps, closures of curb cuts, lighting, benches and drainage improvements.

4. Promote internal vehicular and pedestrian connections between properties and encourage shared access and parking to discourage unnecessary turning movements on East Valley Parkway.

5. Encourage consolidation of driveways by providing incentives for lot consolidation.

6. Install raised landscaped medians between intersections as part of any Capital Improvement Program project involving street widening where adequate right-ofway is available.

6.6 Directional Signs
Since the parkway lacks direct freeway access, a system of directional signs is needed to identify the East Valley commercial district and to assist customers in locating specific businesses and uses. A comprehensive Citywide directional sign program will be developed and is anticipated to include the following components:

1. Primary directional signs to direct people to established business districts including the East Valley Parkway area; and

2. Wayfinding signs to assist visitors in finding a specific use.

6.7 Other Infrastructure
Utilities
The City is working in coordination with San Diego Gas and Electric Company (SDG&E) to underground utilities along the parkway. Typically, utility undergrounding is incorporated into any street widening project, such as the anticipated widening of East Valley and Bear Valley Parkways from Citrus Avenue to Valley Center Road. SDG&E will construct the utility undergrounding on portions of East Valley Parkway that are not associated with a widening project. When completed, the removal of overhead utility lines will greatly enhance the visual appearance of the parkway. Other anticipated underground improvements include installation of fiber optic conduit. 358
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Utility undergrounding is accomplished incrementally as part of street improvement projects Drainage
The commercial district is within the Escondido Creek drainage basin. The concrete-lined Escondido Creek channel borders the district on the north. Drainage improvements are constructed as part of the capital improvement program or concurrent with new development. Currently a drainage problem exists at the East Valley Parkway intersection with Ash Street (Highway 78). Correcting this deficiency is the responsibility of Caltrans. 359
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SECTION 7. ECONOMIC DEVELOPMENT

7.1 Economic Development
The long-term economic viability of East Valley Parkway is dependent on a number of actions including:
 Having a vision for the area on which consensus is reached  Having an economic strategy with goals that support the vision  Having active interest and participation by area residents, property owners and business owners who are willing to invest and work towards the vision.

A diverse business base, an attractive business environment, well maintained properties and pride of ownership are critical to achieving the Vision set forth in the East Valley Parkway Area Plan.

The following goals support the Vision for the East Valley Parkway (EVP) area:
a. Strengthen the economic viability of the business area by ensuring a diverse business base
b. Improve and enhance the image and appearance of EVP to attract business and customers
c. Make property maintenance an expectation and a priority for property owners and tenants
d. Increase home ownership on East Valley Parkway and in the immediate area
Ongoing and changing activities will be required to achieve these goals and ultimately the Vision for the area. The City of Escondido will continue to provide sound infrastructure and public services to the area, however the owners and inhabitants, both business and residential, must make a commitment to the vision, make investments in the area’s properties and structures, and be willing to work toward the goals and the Vision.

7.2 Marketing
The East Valley Parkway Area Plan is an effective marketing tool for business and investment attraction. The Plan clearly demonstrates the vision and standards that the community, property and business owners have for the area. An aesthetically pleasing appearance for the area is a key component for business and investment attraction, to increase property values and to attract customers to East Valley Parkway.

The parkway is anchored by successful major retailers such as Home Depot, Palomar College, and by a nine-acre campus of Escondido Charter High School, and the Palomar Medical Center. Consolidation of retail to a core area located between the former Palomar Medical Center and Midway Drive has been occurring since 1998. Marginal retail properties are being
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adaptively reused for non-retail uses, such as the former Edwards Theater site becoming the Charter High School campus. The Parkway is in a period of renaissance that can be maximized by following standards and guidelines set forth in the Area Plan.

While considered “State of the art” at the time of its original construction, the Escondido Village Mall was converted from a struggling indoor mall into a successful open-air retail center
Marketing collateral, an interesting and well maintained website, and positive messages conveyed to the media, are relatively inexpensive and important in marketing the Parkway and its viability. Businesses should also participate in cooperative advertising, which reduces individual advertising costs and has more visual impact.

Marketing efforts should also include the Brand Attributes, as appropriate, that are part of the City’s Marketing Plan. They include:
 Escondido as the heart of San Diego North
 Escondido’s strategic location for living, working and visiting
 Escondido as the cultural center of San Diego North
 Escondido’s history, heritage and hometownappeal
 Escondido’s abundance of natural beauty, vineyards,
agriculture and supporting businesses
 Escondido’s progressive future rooted in an authentic past 361
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SECTION 8. DESIGN GUIDELINES

8.1 Introduction and Purpose
The Area Plan Design Guidelines are intended to inform and guide property development and renovation along East Valley Parkway. The guidelines are not regulatory and represent concepts the Director of Community Development Services and the Design Review Board (DRB) will apply in evaluating a project. The intent of the guidelines is to:
 Encourage quality, attractive and creative design that is compatible with other welldesigned buildings, while respecting the property owner’s objectives and economic implications regarding building materials and style
 Derive good site and building design from consideration of light and shadow, massing, human scale, texture, barriers, accessibility for the users, natural air flow, solar orientation, and view opportunities.
 Provide a design framework for property owners and their design teams to define the City’s expectations and expedite the review process by reducing the need for redesign. However, in order to encourage the creative use of innovative and individual design expressions, some flexibility in the application of the guidelines may be allowed if the level of project quality is elevated  Create an aesthetically pleasing
environment
 Provide direction to property owners
regarding aesthetic upgrades that can be
achieved on smaller properties where
major renovation is not economically
feasible
 Serve as a catalyst to initiate future improvements to the area and establish a healthy climate for revitalization by providing a consistent vision and adherence to design principles. As new development and rehabilitation of existing properties occur pursuant to these guidelines, other property owners should be motivated to invest in improvements to enhance the shopping experience along East Valley Parkway.

8.2 Overall Design Concept
The East Valley Parkway district is characterized by a mix of architectural styles and sparse landscaping that generally reflect the trends and economic conditions at the time of site development. By identifying design concepts for new development and renovation projects based on the physical, historical and cultural context of the area, the Area Plan anticipates that design elements can be used to unify the parkway, provide visual interest and establish an identity.
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The context of proposed development projects will encourage and/or restrain the design through an understanding of a number of factors:

1. Relationship of the site to surrounding uses – Due to the length of the parkway, the range of neighboring uses varies from small scale residential, strip commercial, big-box retail, high-rise medical, educational uses, and other uses which should be considered in terms of compatibility

2. Environmental context – Climate is an important factor. Outdoor gathering places can take advantage of pleasant temperatures, while features such as landscaping, shade structures and fountains can create shade and provide a cooling factor.

3. Historical context – Development and land use patterns reflect the district’s rich agricultural heritage, proximity to the former Palomar Hospital and to a historical residential neighborhood to the north, and growing educational cluster

4. Cultural and social context – Design should consider who uses the project as well as neighboring uses to determine compatibility and functionality or usefulness

5. Transportation – Design should balance the need for neighboring residents and visitors to access the businesses while facilitating movement along the parkway. Particular attention is needed to accommodate safe pedestrian access from residential areas to the commercial businesses, recreational uses and transit stops.

Using these contextual principals, the overall urban design concept for the parkway is shown on Figure 5 – Design Concept and summarized below:
 Encourage lot consolidation of key properties to improve circulation  Upgrade aesthetic value by incorporating quality design elements  Create a landmark identity or focal point in the vicinity of the Ash Street(Highway 78) Midway intersectionss, which may be accomplished through a combination of elements such as building height and massing, signature architectural design and lush corner landscaping
 Install street trees along parkway frontages, medians and key intersecting streets to frame the view along the parkway
 Provide enhanced landscaped treatment at major nodes, including the intersections at Citrus Avenue and the realigned intersection of Bear Valley Parkway.  Improve and enhance the appearance as viewed from the Escondido Creek bicycle path
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8.3 Architectural Design Guidelines
The basic concept of these design guidelines is to provide a context for evaluation, and to encourage compatibility and creativity. Buildings that incorporate unique designs, striking colors or other dramatic elements are often considered “landmark” or “signature” buildings. The unique appearance of such buildings often becomes the anchoring theme of a developing area, such as occurred with the construction of the City Hall complex downtown. Landmark structures are also useful to define a space or provide directional guides.

Covered arcades, heavy columns, stucco walls, tile roofs and rafter tails characterize the Mission style, commonly found along the parkway
A variety of architectural styles are found along the parkway, including Mission or Mediterranean style, Western, and Contemporary. While no single theme predominates, some common architectural elements occur over and over. These recurring architectural elements help define a context for new development and renovation projects.

One list of elements may include the following:
 Arches, such as arched windows and doorways, arched rooflines and arched columns
 Tile and heavy-textured roof materials
 Towerstaller focal points to define building entries
 Variations in building mass and scale through
changes in building height, pop-outs, recesses and
roof overhangs to create shadow lines
 Rafter tails and brackets
 Cornices and decorative parapets
 Stucco walls
 Covered arcades
 Trellises and arbors
 Heavy wood trim for doors and windows
 Multi-paned windows and doors
 Balconies
 Heavy decorative columns
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 Decorative elements, including iron grillwork, tile details, shutters, awnings, and window and door trim
 Outdoor gathering space such as plazas, fountains and courtyards with seating, intended to create a restful atmosphere for visitors, inspiring customers to extend their shopping visit.
 Lush landscaping with color spots, shade plants and potted plants Continued application and creative variations in the use of these elements can result in an attractive appearance without dating a building as reflective of a particular era or trend. For example, the construction of City Hall and the visual and performing arts center in the late 1980’s triggered new and creative variations incorporating some of these design elements in new downtown development. Sample building elevations and site plans which successfully incorporate these design elements are illustrated in Figures 6-7.

This comprehensively designed center incorporates large cornices, arched rooflines, covered arcades and simple building lines

8.4 Site Design Guidelines
A. Orientation / Setbacks / Buffers

1. Provide a minimum five-foot-wide landscaped setback along all street frontages, with pedestrian connections to the public sidewalk where appropriate. In most instances, the landscaping can be accommodated within the public right-of-way; however larger landscaped setbacks are encouraged.

2. Orient the building plane parallel to the East Valley Parkway to provide visibility to motorists in both directions, particularly for properties between Hickory and Elm Streets.

3. Avoid long, strip commercial building design. On large parcels, cluster buildings and provide logical pedestrian connections.
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FIGURE 6A: MEDITERRANEAN DESIGN CONCEPT
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FIGURE 6B: MEDITERRANEAN DESIGNCONCEPT
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FIGURE 6C: CONCEPTUAL SITE PLAN
Large roof
overhangs
Covered
Walkways
And arcades
Lush Landscape
- palm trees
Potted
plants
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East Valley Parkway Area Plan
FIGURE ?A: CONTEMPORARY STYLE
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FIGURE 7B: CONTEMPORARYSTYLE
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4. Locate buildings towards the East Valley Parkway frontage to avoid large expanses of parking separating the businesses from the street, provide motorists with good visibility to businesses and provide attractive streetscape appearance.

5. Site the building setback from East Valley Parkway
and driveway locations in context with adjacent structures to insure visibility so motorists have adequate time to identify businesses and turn safely into driveways.

6. Incorporate architectural features at all ground floor elevations that emphasize pedestrian movement, provide
adequate sight visibility and focus visual interest at the corners of buildings located at an intersection corner.

7. Provide adequate visual and noise buffers between
commercial uses and adjacent residential uses. Avoid the use of loading areas adjacent to residential uses.

8. Provide outdoor gathering spaces including landscaped courtyards, seating, shade trees, fountains and other restful elements in large commercial centers.

B. Vehicular and Pedestrian Circulation

1. Consolidate driveways to the extent feasible. New curb cuts should only replace another curb cut in an effort to improve access and traffic circulation.

2. Provide through lot connections between East Valley Parkway and Grand Avenue in the “super block” areas between Ash Harding and Rose Streets.

3. Provide internal connections between parking lots and support reciprocal access and parking agreements to avoid the need to use East Valley Parkway for circulation between adjacent developments.

4. Divide large open parking lots into smaller, less imposing lots. Distribute parking evenly throughout the site to provide convenient parking for all businesses within a center.

5. Provide convenient and safe pedestrian circulation with direct links to the building entries and street sidewalk system, and in close proximity to required parking.

6. Enhance parking lot entries with special paving treatments and landscaping.

7. Screen loading areas from public view and provide separation from customer access points.

8.5 Building and Architectural Guidelines
A. Style / Theme / Articulation

1. Incorporate unifying elements common to the
East Valley Parkway area in a
comprehensively design center, as described
in Section 8.3 above.
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2. Emphasize the intersection of East Valley Parkway and Ash Street as a focal point or landmark through the use of interesting visual elements, increased building heights and special accent planting.

3.2. Avoid large blank walls and harsh or dramatic contrasts in form and scale.

4.3. Provide equal treatment of all elevations, particularly where visible from a public right-of-way, the Escondido Creek channel bicycle path and adjacent residential uses.

5.4. Provide significant wall articulation and
shadow lines, particularly at the pedestrian or first
floor level. These features may be created by
insets, pop-outs, columns, arches, arcades and
covered walkways, large roof overhangs, inset
windows and doorways, canopies and trellises.

6.5. Utilize multi-planed roofs, including tower
elements to add interest and define building entries. Vary the roof height of the building so that it appears to be divided into distinct elements. Incorporate pitched roofs and full roof treatments on stand-alone buildings and where visible from a public right-of-way.

7.6. Include decorative parapets, cornices or detailedarticulation at the roofline for flat roofed structures.

8.7. Avoid use of Mansard and A-frame roofs on single-story structures.

9.8. Provide exterior stairways and walkways to allow accessto second floor areas.

B. Exterior Building and Roof Materials

1. Use natural and traditional exterior materials.

2. Avoid use of heavy-textured stucco and surfaces that cause excessive reflection of light, heat or glare.

3. Incorporate roof materials that provide
texture or visual interest.

4. Screen rooftop equipment from public view.

5. Avoid use of awnings that are out of scale with other building elements.

C. Color Palette

1. In general, avoid fluorescent and excessively bright colors and highly reflective surfaces as the primary building color or materials. Bright trim colors may be approved by the DRB where it can be shown to enhance the general appearance of the building.

2. Avoid primary colors (red, blue, yellow) and other strong contrasting or excessively bright colors on roofs.
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FACADE PRIOR TO RENOVATION

FACADE AFTER RENOVATION
East Valley Parkway Area Plan
FIGURE 8: CONCEPTUAL BUILDING RENOVATION
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Too many colors on
fascia - functions as
a sign
Bulletin board
looks junky
Attachment "3"
Temporary
Window signs
block visibility
Cardboard
Boxes
Storage of excessive merchandise
stacked against windows
Address more visible
Shopping carts, trash can, and
vending machines block entrance
Recommended improvements
Paint fascia
onecolor
Relocate
bulletin
board
Relocate
shopping carts
to inside or
provide
screening ---
Open up
window
display area
Remove
window
Signs
Keep entrances
clear of
obstructions
FIGURE 9: BUILDING RENOVATION
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Existing Conditions
/Oversized
pole sign
-Too many
exterior vending
machines
No parking lot
screening
Minimal landscaping Palm trees which look
like telephone poles
Recommended Improvements
New street trees
help unify
appearance
Hedge screens
parking areas
Relocate vending
machines to inside
or away from entry
Replace pole sign
with monument sign
East Valley Parkway Area Plan
FIGURE 10: SITE RENOVATION
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D. Renovation of Existing Buildings

1. Include vertical elements and exterior treatmentssuch astrellises and decorative structures to de-emphasize the linear appearance when constructing façade improvements on existing buildings, to the degree feasible and compatible with the mass and structural integrity of the existing building. (see Figure 9 – Conceptual Building Renovation).

2. Remove inappropriate materials and elements that may have been constructed in previous remodeling. Examples include aluminum siding, plywood false fronts, artificial stone, unauthorized signs or natural wood siding.

3. Repair or replace deteriorated architectural features. Remove hardware that detracts from the building’s appearance, such as old sign supports, conduit, wires and brackets.

4. Relocate vending machines and bulletin boards inside the building.

8.6 Landscaping Guidelines
A. Overall Concept

1. Provide for a unified streetscape design to establish the feel of a landscaped parkway that emphasizes the scenic vista of the surrounding mountains and valley floor (refer to Figure 5 – Overall Design Concept).

2. Create a sense of identity by incorporating a planting palette, street trees and landscape elements that complement and accentuate the overall Mediterranean design concepts and architectural elements.

3. Create a restful environment for visitors by creating a cooling effect through the use of shaded areas, lush landscaping, comfortable outdoor seating, tables with umbrellas and water features.

4. Enhance the appearance and perception of safety along the Escondido Creek channel and bicycle path through the introduction of landscaping and attention to property maintenance along the property boundary abutting the creek.

B. Streetscape

1. Select street tree species to frame the views of the mountains to the east and the entry to downtown to the west. Queen palms (Arecastrum romanzoffianum) shall be incorporated as the predominant street tree along the corridor to provide a unifying element.

2. Cluster street trees, particularly palm trees, when possible to avoid the “telephone pole” appearance of the trunks as viewed from the street level and to provide view corridors into
commercial properties.

3. Provide potted plants and window boxes to create visual interest and to soften the hardscape appearance within
existing developments lacking sufficient space for
parkway landscaping (particularly between Hickory and
Elm Streets).
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4. Provide colorful theme planting at major entries and nodes, including the intersections of East Valley Parkway with Hickory and Ash Streets and within the median.

5. Provide parkway and median landscaping that does not compete with the visibility of the public art pieces.

6. Provide street furniture such as shade structures, bus shelters and decorative trash receptacles at bus stops.

C. Parking Lots

1. Soften the visibility of parking lots seen from the public rightof way through the use of landscaping, low walls and berms.

2. Include shrubs within planters and parkways that are capable of achieving sufficient height and density to soften the view of vehicles. Avoid the use of dwarf shrubs except as foreground and accent planting.

3. Select plant materials that can be maintained to provide visibility for security patrols in secluded areas, including trees capable of maintaining a canopy above seven feet and shrubs with a growth pattern that exposes the base of the shrub.

4. Include shade trees within parking lots to reduce glare, break up the expanse of large parking lots, and provide a cooling effect for pedestrians and parked vehicles.

5. Use landscaping features to define pedestrian paths. Install arbors, trellises and/or shade trees along pedestrian paths to provide a minimum 50% shade during summer season.

6. Reduce the use of lawn area and provide screening vegetation, thematic planting and color spots where feasible when replacing landscaping.

7. Provide a commensurate improvement in parking lot landscaping for projects that result in increased floor area or additional required parking. This will bring the site into greater conformance with the landscape requirements of the Zoning Code Article 62, as determined by Plot Plan review.

8. Screen trash and storage areas from public rights-of-way and adjacent residential uses.

D. Hardscape / Decorative Elements

1. Provide special paving treatments to
identify circulation areas such as
driveways, crosswalks, sidewalks,
pedestrian paths, and courtyards.

2. Provide site furniture such as shade
structures, seating areas, trash
receptacles, kiosks, fencing, and
fountains that is decorative as well as
functional, and designed to complement
surrounding buildings.
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8.7 Signage and Lighting Guidelines
A. Entry and Directional Signs

1. Replace existing pole signs with monument signs whenever feasible toprovide sign visibility at the street level while not competing with street tree plantings.

2. Integrate signage into the landscape concept to provide identity and establish a sense of entry. Signage shall incorporate design elements that are consistent with the design theme of the building or center.

3. Provide the site address on entry monuments to be clearly visible to motorists.

4. Provide information on directional signs in a symbolic format.

5. Prohibit sidewalk sandwich-style (A-frame)signs.

6. Avoid banners and wind-activated signs other than flags on poles.

B. Building Signs

1. Design new signs to be compatible with all other approved signs on a building or within the same center.

2. Design signs to complement and be subordinate to the building theyidentify.

3. Encourage use of graphic icons in lieu of text.

4. Avoid painted wall signs (other than murals), painted window signs and signs on awnings.

5. Avoid cluttering windows with temporary signs (such as paper and painted signs). This allows visibility of merchandise within buildings and provides a sense of safety for customers and clients.

6. Prohibit roof signs.

7. Display the address number for each business tenant in a prominent location.

C. Lighting Concepts

1. Provide exterior lighting to enhance the safety and security of motorists and pedestrians, while shielding glare and overflow onto neighboring properties.

2. Install decorative lighting fixtures that complement the building design features. Avoid use of neon lights to
illuminate buildings unless approved by the DRB.

3. Avoid focused illumination (lit from within or on the exterior) of awnings and roofing.

8.8 Residential and Mixed-Use Guidelines
A. Overall Concept

1. Provide floor area designated solely for residential use in an amount that does not exceed 50% of the gross building floor area for residential mixed-use buildings or sites.

2. Locate residential units above the ground floor or behind the primary commercial use within mixed-use buildings. When residential and commercial uses are provided on the same site or in the same structure, provide separate entrances. 379
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3. Incorporate appropriate recreational and / or open space amenities into the development to serve the residents. Allow use of rooftop and balcony areas for recreation. Design recreation and open space intended for resident use to be inaccessible from commercial areas.

4. Provide amenities for residential units comparable to amenities typically found in ownership units, including washer/dryer capacity, enclosed parking, quality materials and finishes, storage areas, common exercise and recreational facilities, and wiring for computer and electronic applications.

5. Screen service areas for commercial uses from residential areas.

Locate service areas far enough away to minimize potential noise, glare and odors.
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SECTION 9. IMPLEMENTATION

9.1 Implementation Mechanisms
Implementation of the Area Plan will be accomplished through the following mechanisms:

1. Adopting the East Valley Parkway Overlay Zone to establish the boundaries of the area plan

2. Establishing a property compliance review process to identify property maintenance issues and corrective measures, prior to or concurrent with the review of new development proposals

3. Reviewing ministerial and discretionary actions for conformance with the Area Plan Land Use Policies, Development Standards and Design Guidelines

4. Constructing public improvements concurrent with development applications or as part of the City’s Capital Improvement Program (CIP)

5. Promoting community organization to facilitate communication, promote public awareness and participation, and encourage voluntary conformance to City standards

6. Providing code enforcement action when necessary, initiated on a complaint basis

7. Promoting economic development through the use of Business Enhancement Zone incentives, existing business recruitment and retention programs, façade improvement programs, and effective marketing efforts. 381
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ORDINANCE NO. 2024-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING A GENERAL PLAN

AMENDMENT FOR CONSISTENCY CHANGES TO THE

LAND USE AND COMMUNITY FORM CHAPTER AND EAST

VALLEY PARKWAY AREA PLAN
WHEREAS, the State of California requires cities and counties adopt a comprehensive long-term General Plan for the social, physical, and economic development of the City; and WHEREAS, the General Plan expresses the community’s development goals and embodies public policy relative to the distribution of future land uses, both public and private; and WHEREAS, Government Code section 65301(b) authorizes jurisdictions to develop and adopt Area Plans to address a particular region or community within the General Plan’s planning area; and WHEREAS, the City of Escondido’s City Council approved the East Valley Parkway Area Plan on September 22, 2004 through Resolution No. 2004-136; and WHEREAS, on July 19, 2023 City Council adopted Ordinance No. 2023-10 establishing the East Valley Specific Plan and rezoning a portion of the East Valley Parkway area from General Commercial (CG), Hospital Professional (HP), and Commercial Professional (CP), to Specific Plan (S-P); and WHEREAS, the rezoning of land uses by the EVSP created discrepancies between the previously adopted East Valley Parkway Area Plan and the General Plan’s Land Use and Community Form chapter; and
WHEREAS, California Government Code section 65359 requires that any specific plan or other plan of the city or county that is applicable to the same areas or matters affected by a General Plan 382
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amendment shall be reviewed and amended as necessary to make the specific or other plan consistent with the General Plan; and
WHEREAS, chapter II of the Governor’s Office of Planning and Research’s 2017 General Plan Guidelines identifies Area Plans to be part of the General Plan. Therefore, an Area Plan may be amended through the General Plan Amendment process; and
WHEREAS, the City of Escondido is amending the General Plan and East Valley Parkway Area Plan under Planning Case No. PL24-0007, for the purposes of clean up and consistency with the East Valley Specific Plan; and
WHEREAS, on June 25, 2024, the Planning Commission held a duly noticed public hearing as prescribed by law, at which time the Planning Commission received and considered document consistency text amendments and recommendation of the Planning Division and gave all persons full opportunity to be heard and to present evidence and testimony regarding the Project; and WHEREAS, Planning Commission voted 5-0 approving the Planning Division’s proposed text amendments, with two Commissioners absent; 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, on August 7, 2024, the City Council of the City of Escondido did hold a duly noticed public hearing as prescribed by law. At said hearing, this City Council received and considered the reports and recommendations of the Planning Commission and City staff, and gave all personsfull 383
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opportunity to be heard and to present evidence and testimony respecting said matter. Evidence was submitted to and considered by the City Council, including, without limitation:
a. Written information including revisions to maps, text, graphical information, and other material, submitted as part of the Project;
b. Oral testimony from City staff, interested parties, and the public; c. The staff report, dated August 7, 2024, with its attachments as well as City staff’s recommendation on the Project;
The City Council of the City of Escondido, California, DOES HEREBY ORDAIN asfollows:

SECTION 1. That the above recitations are true.

SECTION 2. Proper notices of a public hearing have been given and public hearings have been held before the Planning Commission and City Council on thisissue.

SECTION 3. After consideration of all evidence presented, and studies and investigations made by the City Council and on its behalf, the City Council makes the following substantive findings and determinations, attached hereto as Exhibit “A,” relating to the information that has beenconsidered.

SECTION 4. That the proposed amendments to the East Valley Parkway Area Plan and General Plan Land Use and Community Form chapter are consistent with the Escondido General Plan and applicable Elements were reviewed as part of the amendment drafting process to ensure consistency.

SECTION 5. The General Plan Amendment is not considered a “Project” under the California Environmental Quality Act (“CEQA”) and is therefore exempt from further review, as further 384
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described in the staff report. The General Plan Amendment would not, in and of iteself, result in development or any other material change to the environment.

SECTION 6. That, considering the Findings of Fact and applicable law, the City Council hereby approves said amendments, attached as Exhibit “B” and Exhibit “C” and hereto and incorporated herein by this reference as though fully set forth herein.

SECTION 7. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.

SECTION 8. That as of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 9. That the City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 385
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Ordinance No. 2024-11
Exhibit “A”