Agenda packet — Escondido City Council, August 14, 2024 (part 1 of 2)

CITY of ESCONDIDO

Council Meeting Agenda
WEDNESDAY, AUGUST 14, 2024
4:00 PM - Closed Session (Parkview Conference Room) - Cancelled 5:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

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

MAYOR
Dane White

DEPUTY MAYOR
Christian Garcia (District 3)

COUNCILMEMBERS
Consuelo Martinez (District 1)
Joe Garcia (District 2)
Michael Morasco (District 4)

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

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

In Person On TV Online

201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.gov

1 Wednesday, August 14, 2024

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

In Person In Writing

Fill out Speaker Slip and Submit to City Clerk escondido-ca.municodemeetings.com

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

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

2 Wednesday, August 14, 2024

REGULAR SESSION
5:00 PM Regular Session

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

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

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

PRESENTATIONS
San Diego Evacuation Alerting Systems

CLOSED SESSION REPORT

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

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

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

3 Wednesday, August 14, 2024

2. APPROVAL OF WARRANT REGISTERS (COUNCIL)
Request the City Council approve the City Council and Housing Successor Agency warrant numbers:
 386173 – 386364 dated July 31, 2024
Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) ESSENTIAL SERVICE – Yes, Internal requirement per Municipal Code Section 10-49

3. APPROVAL OF MINUTES: None

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. TREASURER’S INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2024 Request the City Council approve the Quarterly Investment Report for the quarter ended June 30, 2024.

Staff Recommendation: Approve (Douglas Shultz, City Treasurer) Presenter: Douglas Shultz, City Treasurer

6. LIBRARY SERVICES AND TECHNOLOGY ACT GRANT, PLAY FOR ALL - $19,710 Request the City Council adopt Resolution No. 2024-114 authorizing the Assistant Director of Community Services to receive a Library Services and Technology Act (“LSTA”) Grant for $19,710 grant from the California State Library on behalf of the Escondido Public Library.

Staff Recommendation: Approval (Economic Development/Community Services: Jennifer Schoeneck, Director of Economic Development)
Presenter: Robert Rhoades, Assistant Director of Community Services ESSENTIAL SERVICE – No
a) Resolution No. 2024-114

7. APPROVE BUDGET ADJUSTMENT, CHANGE ORDER AND CONTRACT AMENDMENT FOR THE CITRACADO

PARKWAY EXTENSION PROJECT
Request the City Council adopt Resolution No. 2024 -112 authorizing a budget adjustment to program available Transnet Funds in the amount of $1,036,965 for use on this Project; Resolution No. 2024-115 for a change order in the amount of $957,688.50 to the construction contract with Flatiron West, Inc.; and Resolution No. 2024-116 authorizing Amendment 6 to the consultant contract with TY Lin International in the amount of $376,460 for the Citracado Parkway Extension Project (“Project”).

Staff Recommendation: Approval (Chris McKinney, Interim Development Services Director/ Deputy City Manager and Owen Tunnell, Interim-City Engineer)
4 Wednesday, August 14, 2024

Presenter: Matt Souttere, Project Manager
Resolution No. 2024 – 112
Resolution No. 2024 – 115
Resolution No. 2024 – 116

CURRENT BUSINESS

8. FY 2024 USDA URBAN AND COMMUNITY FORESTRY PROGRAM SUBAWARD AGREEMENT Request the City Council to adopt Resolution No. 2024-127, authorizing the Mayor, to receive grant funds from the United States Department of Agriculture (“USDA”) Urban and Community Forestry Program Subaward in the amount of $665,500, and execute on its b ehalf, all grant -related agreements and documents necessary to receive and expend the funds for the completion of the Urban Forestry Management Plan.

Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services)
Presenter: Oscar Romero, Principal Planner
ESSENTIAL SERVICE – Yes, Land Use/Development; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido a) Resolution No. 2024-95

9. AMENDMENT TO MOBILEHOME RENT REVIEW BOARD GUIDELINES Request the City Council, serving in its capacity as the Escondido Rent Review Board, adopt RRB Resolution No. 2024-121 amending the Mobilehome Rent Review Board Guidelines.

Staff Recommendation: Approval (Michael McGuinness, City Attorney; Danielle Lopez, Housing and Neighborhood Services Manager)
Presenters: Michael McGuinness, City Attorney, and Danielle Lopez, Housing and Neighborhood Services Manager
ESSENTIAL SERVICE – Yes, Land Use/Development
a) RRB Resolution No. 2024-121

5 Wednesday, August 14, 2024

10. DESIGNATION OF VOTING DELEGATE – LEAGUE OF CALIFORNIA CITIES CONFERENCE Request the City Council designate the Voting Delegate and up to two alternates for the League of California Cities Annual Conference in Sacramento, California, on October 16-18, 2024.

Staff Recommendation: Approval (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
ESSENTIAL SERVICE –No

11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, ESTABLISHING A POLICY

ON FRIENDSHIP CITIES AND SISTER CITIES
Request the City Council adopt Resolution No. 2024 -126 establishing a Friendship and Sister City Policy for the City of Escondido.

Staff Recommendation: None (City Council: Mayor Dane White, Councilmember Joe Garcia) Presenter: Mayor Dane White and Councilmember Joe Garcia ESSENTIAL SERVICE – No
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido a) Resolution No. 2024-126

FUTURE AGENDA

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

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

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

6 Wednesday, August 14, 2024

ADJOURNMENT

UPCOMING MEETING SCHEDULE

Wednesday, August, 28, 2024 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, September, 11, 2024 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers

SUCCESSOR AGENCY
Members of the Escondido City Council also sit as the Successor Agency to the Community Development Commission, Escondido Joint Powers Financing Authority, and the Mobilehome Rent Review Board.

7 Consent Item No. 1 August 14, 2024

A F F I D A V I T S

I T E M

P O S T I N G – NONE

8 Item1.

STAFF REPORT

August 14, 2024
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTERS (COUNCIL)

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council approve the City Council and Housing Successor Agency warrant numbers:
386173 – 386364 dated July 31, 2024
Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) ESSENTIAL SERVICE – Yes, Internal requirement per Municipal Code Section 10-49 COUNCIL PRIORITY –

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

July 25, 2024 – July 31, 2024 is $1,606,901.83
PREVIOUS ACTION – None

BACKGROUND

The Escondido Municipal Code Section 10-49 states that warrants or checks may be issued and paid prior to audit by the City Council, provided the warrants or checks are certified and approved by the Director of Finance as conforming to the current budget. These warrants or checks must then be ratified and approved by the City Council at the next regular Council meeting. 9 Item2.

Consent Item No. 3 August 14, 2024

A P P R O V A L

O F

M I N U T E S

10 Item3.
11 Item4.

STAFF REPORT

August 14, 2024
File Number 0400-85

SUBJECT
TREASURER’S INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2024

DEPARTMENT
City Treasurer

RECOMMENDATION
Request the City Council approve the Quarterly Investment Report for the quarter ended June 30, 2024.

Staff Recommendation: Approve (Douglas Shultz, City Treasurer) Presenter: Douglas Shultz, City Treasurer

FISCAL ANALYSIS
From April 1, 2024 to June 30, 2024, the City’s investment portfolio increased from $205 million to $236 million. The adjusted avera ge annual yield increased from 2.723 percent to 2.850 percent with the portfolio duration at 1.815 percent. We have continued taking advantage of higher yield investments, specifically CAMP, maturing short term investments, and excess receipt inflows over cash payment outflows resulted in an increase of $30.7 million in the book value of the investment portfolio.

PREVIOUS ACTION
The Investment Report for the quarter ended March 31, 2024, was filed with the City Clerk’s Office on April 30, 2023 and presented to the City Council on May 6, 2024.

BACKGROUND
The City of Escondido’s (City) Investment Policy requires the City Treasurer to submit a quarterly investment report to the City Council and City Manager. The quarterly investment report should include the type of investment, issuer, date of maturity, par and dollar amount invested and market value for each security held by the City. Details of the City’s investment portfolio are included in the attached reports that are listed below:
• Summary of Investment Allocation as of June 30, 2024 (Attachment “1”) • Summary of Investment Portfolio Yield for the last 12 months (Attachment “2”) 12 Item5.

• Schedule of Funds Managed by Outside Parties as of June 30, 2024 (Attachment “3”) The Investment Performance Review ( Attachment “4”) provides a Market Update, the City’s Portfolio Strategy and Performance, Issuer Distributions, Portfolio Distributions and Portfolio Holdings. The Summary of Investment Allocation ( Attachment “1”) and the Summary of Investment Portfolio Yield for the last 12 months (Attachment “2”) shows the total investment portfolio including funds in LAIF, CAMP, Stone Castle, and the City’s money market account with BNY.

There are adequate funds to meet the next six-month’s expected expenditures. As of June 30, 2024, the City complies with all requirements of the City’s Investment Policy . The City purchased a Trea sury that matured 1 week outside of the 5 -year period. California code allows for purchases up to 5 years and 1 month. The decision was made to hold this security for 1 week to be in compliance.

The increased cash flow has been and will continue to be deployed out on the investment maturity ladder, specifically targeting the next 3-5 years to lock in the current high rates in anticipation of short-term rates coming down in the near future. We continue to take advantage of CAMP’s high interest rates, which allow us one of the highest yields in the market while allowing the liquidity the City needs to maintain cash flows.

ATTACHMENTS
a. Attachment “1” – Summary of Investment Allocation as of June 30, 2024 b. Attachment “2” – Summary of Investment Portfolio Yield for the last 12 months c. Attachment “3” – Schedule of Funds Managed by Outside Parties as of June 30, 2024 d. Attachment “4” – Investment Performance Review for the Quarter Ended June 30, 2024 13 Item5.

Investment Type Market Value
State Investment Pool (LAIF) 12,115$ 12,115$ 0.01% California Asset Management Program (CAMP) 57,431,408 57,431,408 24.66% Placement Service Deposits (Stone Castle) 5,233,322 5,233,322 2.25% U.S. Treasury Obligations 113,523,443 111,757,780 47.99% Federal Agency Securities 15,492,392 15,258,413 6.55%
Supranational Securities 2,372,446 2,333,631 1.00%
U.S. Corporate Bonds 28,598,634 28,047,659 12.04%
U.S. Municipal Bonds 7,432,456 7,261,755 3.12%
Asset-Backed Security 2,769,705 2,722,039 1.17%
Money Market Account (BNY Blackrock) 2,809,377 2,809,377 1.21% Total Investment Portfolio - June 2024 235,675,298$ 232,867,497$ 100% Reported Total Investments - March 2024 204,967,077$ 201,578,507$ Change from Prior Quarter 30,708,221$ 31,288,990$
Portfolio Duration 2.086
City of Escondido
Summary of Investment Allocation
as of June 30, 2024
Book Value
Percent of
Portfolio at
Market
0%
25%
2%
48%
7%
1%
12%
3% 1%1%
Summary of Investment Allocation as of
June 30, 2024
State Investment Pool (LAIF)
California Asset Management Program
(CAMP)
Placement Service Deposits (Stone
Castle)
U.S. Treasury Obligations
Federal Agency Securities
Supranational Securities
U.S. Corporate Bonds
Attachment "1"
14 Item5.

Date Book Value Yield
Jun-24 $204,967,077.35 3.546%
May-24 $198,761,463.28 2.968%
Apr-24 $190,411,775.06 2.984%
Mar-24 $204,967,077.35 3.126%
Feb-24 $198,761,463.28 2.968%
Jan-24 $190,411,775.06 2.984%
Dec-23 $187,405,419.68 2.964%
Nov-23 $169,755,304.52 2.546%
Oct-23 $169,506,653.66 2.697%
Sep-23 $166,194,953.52 2.400%
Aug-23 $165,374,019.41 2.489%
Jul-23 $175,631,750.31 2.523%
Average Portfolio Interest Yields 2.850%
* Includes Assets managed by PFM, LAIF, and Stone Castle.

SUMMARY OF INVESTMENT PORTFOLIO YIELDS
FOR THE LAST 12 MONTHS
As of June 30, 2024
Attachment "2"
15 Item5.

CITY OF ESCONDIDO

FUNDS MANAGED BY OUTSIDE PARTIES
As of June 30, 2024
Market Interest Type of
Type of Funds / Institution Value Rate Investment

BOND FUNDS
BANK OF NEW YORK:
1998-1 Rancho San Pasqual Assessment District 357,313.96$ 5.170% Treasury 2013 JPFA Reidy Creek Lease Revenue Bonds (2001 Refunding) 80.34 5.180% Treasury 2013 Community Facility District - Hidden Trails (2001 Refunding) 14.52 5.180% Treasury 2015 Community Facility District - Eureka Ranch (2006 Refunding) 40.36 5.200% Treasury 2015 Community Facility District - Eureka Ranch (2006 Refunding) 113.72 0.000% Cash 2015A Wastewater Bond (2004A Refunding) 734,043.19 5.190% Dreyfus Cash Management Fund 2015B Wastewater Bond (2004B Refunding) 261,994.64 5.190% Dreyfus Cash Management Fund 2019 Water Bond (JPFA 19AB) 296.38 4.940% Dreyfus Cash Management Fund 2021A WasteWater Ref Rev 0.00 0.000% Dreyfus Cash Management Fund 2021 Community Facility District - The Villages 2,654,731.93 0.000% Cash/Treasury 2022 Community Facility District - Eclipse Mountain House 3,135,308.68 0.000% Cash/Treasury 7,143,937.72$
SECTION 115 TRUST FUNDS
PUBLIC AGENCY RETIREMENT SERVICES:

PARS Post-Employment Benefits Trust $34,430,968.02 Moderately Conservative HighMark PLUS TOTAL FUNDS MANAGED BY OUTSIDE PARTIES $41,574,905.74
Attachment "3"
16 Item5.

City of Escondido Balance Sheet by Position
City of Escondido (299155)
Quarter End (Q2 Y2024)
03/29/2024 - 06/28/2024
Dated: 08/01/2024
Locked Down
Attachment "4"
17 Item5.

GAAP Balance Sheet by Position (City of Escondido (299155)) 1 Table of Contents
Dated: 08/01/2024
Attachment "4"
18 Item5.

Identifier Description Current Units Currency Security Type Final Maturity
Book Value Interest/
Dividend Due
Accrued Balance Net Unrealized
Gain/Loss
Market
Price
Market Value Market Value +
Accrued
00724PAF6 ADOBE INC 1,000,000.00 USD CORP 04/04/2029 1,009,958.37 0.00 11,333.33 -8,308.37 100.1650 1,001,650.00 1,012,983.33 023135BR6 AMAZON.COM INC 500,000.00 USD CORP 06/03/2027 451,052.14 0.00 433.33 392.86 90.2890 451,445.00 451,878.33 023135CP9 AMAZON.COM INC 1,000,000.00 USD CORP 12/01/2027 1,003,746.39 0.00 3,538.89 -11,006.39 99.2740 992,740.00 996,278.89 025816CQ0 AMERICAN EXPRESS CO 350,000.00 USD CORP 03/04/2025 349,918.93 0.00 2,515.63 -7,527.93 97.8260 342,391.00 344,906.63 02665WDZ1 AMERICAN HONDA FINANCE CORP 1,000,000.00 USD CORP 09/09/2026 993,273.00 0.00 3,972.22 -71,823.00 92.1450 921,450.00 925,422.22 037833BZ2 APPLE INC 1,000,000.00 USD CORP 08/04/2026 964,378.33 0.00 9,868.06 -14,768.33 94.9610 949,610.00 959,478.06 037833EH9 APPLE INC 1,000,000.00 USD CORP 08/05/2028 874,823.58 0.00 5,600.00 5,986.42 88.0810 880,810.00 886,410.00 04636NAA1 ASTRAZENECA FINANCE LLC 700,000.00 USD CORP 05/28/2026 700,289.57 0.00 723.33 -50,423.57 92.8380 649,866.00 650,589.33 05565EBK0 BMW US CAPITAL LLC 575,000.00 USD CORP 04/09/2025 586,254.90 0.00 4,983.33 -18,206.65 98.7910 568,048.25 573,031.58 05565EBU8 BMW US CAPITAL LLC 215,000.00 USD CORP 08/12/2024 214,999.23 0.00 613.65 -1,244.08 99.4210 213,755.15 214,368.80 05602RAD3 BMWOT 2022-A A3 236,442.62 USD ABS 08/25/2026 236,439.46 0.00 84.33 -3,158.31 98.6629 233,281.15 233,365.48 06406RBC0 BANK OF NEW YORK MELLON CORP 1,000,000.00 USD CORP 04/25/2025 999,961.09 0.00 5,955.56 -16,731.09 98.3230 983,230.00 989,185.56 110122DN5 BRISTOL-MYERS SQUIBB CO 603,000.00 USD CORP 11/13/2025 601,212.31 0.00 577.88 -33,716.95 94.1120 567,495.36 568,073.23 14041NFY2 COMET 2021-3 A 715,000.00 USD ABS 11/15/2024 714,887.09 0.00 289.18 -12,116.81 98.2896 702,770.28 703,059.46 14913R2U0 CATERPILLAR FINANCIAL SERVICES
CORP
800,000.00 USD CORP 01/08/2027 797,218.69 0.00 6,460.00 -58,426.69 92.3490 738,792.00 745,252.00 14913R3B1 CATERPILLAR FINANCIAL SERVICES
CORP
500,000.00 USD CORP 01/06/2026 499,637.40 0.00 11,533.33 -2,112.40 99.5050 497,525.00 509,058.33 166764BW9 CHEVRON CORP 425,000.00 USD CORP 05/11/2025 425,342.91 0.00 880.60 -13,883.41 96.8140 411,459.50 412,340.10 17290ADP2 CITIGROUP INC 1,000,000.00 USD CORP 04/20/2026 1,000,000.00 0.00 10,254.17 -10,260.00 98.9740 989,740.00 999,994.17 17327CAN3 CITIGROUP INC 245,000.00 USD CORP 01/25/2026 245,000.00 0.00 2,110.78 -5,260.15 97.8530 239,739.85 241,850.63 191216CU2 COCA-COLA CO 1,500,000.00 USD CORP 06/01/2027 1,370,494.28 0.00 1,691.67 -79.28 91.3610 1,370,415.00 1,372,106.67 20772KEW5 CONNECTICUT ST 630,000.00 USD MUNI 09/15/2025 652,013.23 0.00 6,812.26 -32,962.63 98.2620 619,050.60 625,862.86 20772KJW0 CONNECTICUT ST 150,000.00 USD MUNI 07/01/2024 150,000.00 0.00 1,481.85 0.00 100.0000 150,000.00 151,481.85 24422EWA3 JOHN DEERE CAPITAL CORP 800,000.00 USD CORP 01/11/2027 797,669.10 0.00 6,346.67 -59,885.10 92.2230 737,784.00 744,130.67 24422EWF2 JOHN DEERE CAPITAL CORP 500,000.00 USD CORP 06/06/2025 492,205.42 0.00 1,086.11 -1,325.42 98.1760 490,880.00 491,966.11 254683CS2 DCENT 2022-2 A 715,000.00 USD ABS 05/15/2025 714,981.13 0.00 923.14 -13,199.12 98.1513 701,782.01 702,705.15 254687FK7 WALT DISNEY CO 845,000.00 USD CORP 08/30/2024 844,890.63 0.00 4,970.24 -5,569.03 99.3280 839,321.60 844,291.84 3130AJKW8 FEDERAL HOME LOAN BANKS 1,000,000.00 USD AGCY BOND 06/13/2025 958,226.56 0.00 222.22 -1,116.56 95.7110 957,110.00 957,332.22 3130AWLY4 FEDERAL HOME LOAN BANKS 2,000,000.00 USD AGCY BOND 06/13/2025 2,001,013.54 0.00 4,555.56 -2,533.54 99.9240 1,998,480.00 2,003,035.56 3130AYNN2 FEDERAL HOME LOAN BANKS 2,000,000.00 USD AGCY BOND 02/07/2028 2,000,000.00 0.00 39,838.89 -2,680.00 99.8660 1,997,320.00 2,037,158.89 3133EMAC6 FEDERAL FARM CREDIT BANKS

FUNDING CORP
1,000,000.00 USD AGCY BOND 09/21/2027 903,934.20 0.00 2,041.67 -21,354.20 88.2580 882,580.00 884,621.67 3134GWYS9 FEDERAL HOME LOAN MORTGAGE
CORP
1,000,000.00 USD AGCY BOND 10/15/2025 954,395.28 0.00 1,233.33 -10,135.28 94.4260 944,260.00 945,493.33 3134GYE40 FEDERAL HOME LOAN MORTGAGE
CORP
1,180,000.00 USD AGCY BOND 01/26/2026 1,176,191.27 0.00 25,827.25 1,731.93 99.8240 1,177,923.20 1,203,750.45 3135G05X7 FEDERAL NATIONAL MORTGAGE

ASSOCIATION
2,000,000.00 USD AGCY BOND 08/25/2025 1,998,345.69 0.00 2,583.33 -102,145.69 94.8100 1,896,200.00 1,898,783.33 3135G05Y5 FEDERAL NATIONAL MORTGAGE

ASSOCIATION
1,000,000.00 USD AGCY BOND 10/08/2027 888,370.76 0.00 1,687.50 -3,180.76 88.5190 885,190.00 886,877.50 3135G06G3 FEDERAL NATIONAL MORTGAGE

ASSOCIATION
1,485,000.00 USD AGCY BOND 11/07/2025 1,484,045.09 0.00 1,072.50 -84,803.84 94.2250 1,399,241.25 1,400,313.75 3137BGK24 FHMS K-043 A2 648,691.39 USD FHLMC 12/25/2024 650,574.45 0.00 1,544.89 -9,976.52 98.7523 640,597.92 642,142.82 3137EAEP0 FEDERAL HOME LOAN MORTGAGE
CORP
790,000.00 USD AGCY BOND 02/12/2025 792,925.43 0.00 4,509.58 -21,103.33 97.6990 771,822.10 776,331.68 3137EAEX3 FEDERAL HOME LOAN MORTGAGE
CORP
1,150,000.00 USD AGCY BOND 09/23/2025 1,149,140.25 0.00 1,150.00 -62,252.25 94.5120 1,086,888.00 1,088,038.00 3137FBTA4 FHMS K-728 A2 536,182.41 USD FHLMC CMO 08/25/2024 535,229.76 0.00 1,277.78 -1,974.10 99.4541 533,255.66 534,533.44 341271AD6 FLORIDA ST BRD ADMIN FIN CORP REV 705,000.00 USD MUNI 07/01/2025 705,444.72 0.00 4,385.18 -28,806.87 95.9770 676,637.85 681,023.03 345286AC2 FORDO 2022-A A3 115,104.29 USD ABS 06/15/2026 115,101.41 0.00 57.74 -2,190.63 98.0943 112,910.78 112,968.52 369550BG2 GENERAL DYNAMICS CORP 700,000.00 USD CORP 05/15/2025 713,015.62 0.00 2,994.44 -24,187.62 98.4040 688,828.00 691,822.44 380146AC4 GMCAR 2022-1 A3 152,707.30 USD ABS 11/16/2026 152,704.28 0.00 69.48 -3,379.93 97.7847 149,324.35 149,393.83 38141GXS8 GOLDMAN SACHS GROUP INC 650,000.00 USD CORP 02/12/2026 650,227.05 0.00 2,114.94 -19,805.05 96.9880 630,422.00 632,536.94 38150AS97 GOLDMAN SACHS GROUP INC 1,000,000.00 USD CORP 04/04/2025 1,000,000.00 0.00 12,986.11 -4,620.00 99.5380 995,380.00 1,008,366.11 GAAP Balance Sheet by Position City of Escondido (299155) As of 06/28/2024 Return to Table of Contents Dated: 08/01/2024 1 Attachment "4"
19 Item5.

Identifier Description Current Units Currency Security Type Final Maturity
Book Value Interest/
Dividend Due
Accrued Balance Net Unrealized
Gain/Loss
Market
Price
Market Value Market Value +
Accrued
437076CM2 HOME DEPOT INC 105,000.00 USD CORP 04/15/2025 104,951.38 0.00 582.75 -2,079.73 97.9730 102,871.65 103,454.40 437076DC3 HOME DEPOT INC 1,000,000.00 USD CORP 06/25/2029 1,000,000.00 0.00 527.78 -5,250.00 99.4750 994,750.00 995,277.78 43815GAC3 HAROT 2021-4 A3 113,878.98 USD ABS 01/21/2026 113,874.48 0.00 22.27 -2,312.58 97.9653 111,561.90 111,584.17 438516CE4 HONEYWELL INTERNATIONAL INC 700,000.00 USD CORP 03/01/2027 682,107.08 0.00 2,523.89 -47,228.08 90.6970 634,879.00 637,402.89 448977AD0 HART 2022-A A3 452,551.03 USD ABS 10/15/2026 452,546.92 0.00 390.70 -8,198.52 98.1875 444,348.41 444,739.11 4581X0DK1 INTER-AMERICAN DEVELOPMENT
BANK
835,000.00 USD SUPRANATION
AL
03/14/2025 842,534.44 0.00 4,261.98 -28,100.49 97.5370 814,433.95 818,695.93 4581X0DZ8 INTER-AMERICAN DEVELOPMENT
BANK
1,530,000.00 USD SUPRANATION
AL
09/23/2024 1,529,911.32 0.00 2,040.00 -17,016.72 98.8820 1,512,894.60 1,514,934.60 459200KM2 INTERNATIONAL BUSINESS MACHINES
CORP
1,000,000.00 USD CORP 02/09/2027 993,325.61 0.00 8,555.56 -62,725.61 93.0600 930,600.00 939,155.56 46647PBH8 JPMORGAN CHASE & CO 750,000.00 USD CORP 03/13/2026 754,391.91 0.00 4,427.71 -23,816.91 97.4100 730,575.00 735,002.71 50117XAE2 KCOT 212 A3 122,039.29 USD ABS 11/17/2025 122,038.75 0.00 26.58 -1,920.43 98.4259 120,118.32 120,144.90 54438CYK2 LOS ANGELES CALIF CMNTY COLLEGE
DIST
410,000.00 USD MUNI 08/01/2025 410,000.00 0.00 1,302.93 -18,363.90 95.5210 391,636.10 392,939.03 544647FC9 LOS ANGELES CALIF UNI SCH DIST 310,000.00 USD MUNI 07/01/2026 310,000.00 0.00 2,230.19 -21,427.20 93.0880 288,572.80 290,802.99 574193TQ1 MARYLAND ST 375,000.00 USD MUNI 08/01/2024 374,997.61 0.00 786.25 -1,520.11 99.5940 373,477.50 374,263.75 57636QAM6 MASTERCARD INC 1,000,000.00 USD CORP 06/01/2029 924,867.50 0.00 2,294.44 -5,237.50 91.9630 919,630.00 921,924.44 60412AK85 MINNESOTA ST 275,000.00 USD MUNI 08/01/2025 275,000.00 0.00 712.25 -12,696.75 95.3830 262,303.25 263,015.50 605581MZ7 MISSISSIPPI ST 120,000.00 USD MUNI 11/01/2024 120,000.00 0.00 109.23 -1,914.00 98.4050 118,086.00 118,195.23 61747YEM3 MORGAN STANLEY 310,000.00 USD CORP 02/18/2026 310,000.00 0.00 2,966.79 -6,100.80 98.0320 303,899.20 306,865.99 63743HFE7 NATIONAL RURAL UTILITIES

COOPERATIVE FINANCE CORP
220,000.00 USD CORP 06/15/2025 219,983.84 0.00 295.17 -4,256.24 98.0580 215,727.60 216,022.77 650036DT0 NEW YORK ST URBAN DEV CORP REV 945,000.00 USD MUNI 03/15/2025 945,000.00 0.00 2,375.10 -29,928.15 96.8330 915,071.85 917,446.95 665859AW4 NORTHERN TRUST CORP 670,000.00 USD CORP 05/10/2027 673,817.11 0.00 3,647.78 -19,702.81 97.6290 654,114.30 657,762.08 693475AY1 PNC FINANCIAL SERVICES GROUP INC 600,000.00 USD CORP 11/01/2024 599,986.18 0.00 2,126.67 -6,820.18 98.8610 593,166.00 595,292.67 697511FB4 PALOMAR CALIF CMNTY COLLEGE
DIST
440,000.00 USD MUNI 08/01/2024 440,000.00 0.00 1,436.26 -1,716.00 99.6100 438,284.00 439,720.26 70450YAG8 PAYPAL HOLDINGS INC 500,000.00 USD CORP 06/01/2025 483,109.76 0.00 641.67 -634.76 96.4950 482,475.00 483,116.67 771196BT8 ROCHE HOLDINGS INC 1,295,000.00 USD CORP 03/10/2025 1,295,000.00 0.00 8,359.51 -28,800.80 97.7760 1,266,199.20 1,274,558.71 797272QP9 SAN DIEGO CALIF CMNTY COLLEGE
DIST
245,000.00 USD MUNI 08/01/2024 245,000.00 0.00 2,060.78 -730.10 99.7020 244,269.90 246,330.68 797412DM2 SAN DIEGO CNTY CALIF WTR AUTH

WTR REV
480,000.00 USD MUNI 05/01/2025 480,000.00 0.00 574.59 -17,352.00 96.3850 462,648.00 463,222.59 798306WN2 SAN JUAN CALIF UNI SCH DIST 415,000.00 USD MUNI 08/01/2024 415,000.00 0.00 1,197.69 -1,676.60 99.5960 413,323.40 414,521.09 799408Z85 SAN RAMON VALLEY CALIF UNI SCH
DIST
405,000.00 USD MUNI 08/01/2025 405,000.00 0.00 1,232.10 -19,051.20 95.2960 385,948.80 387,180.90 87612EBM7 TARGET CORP 830,000.00 USD CORP 01/15/2027 830,578.58 0.00 7,373.17 -58,047.78 93.0760 772,530.80 779,903.97 89236TKC8 TOYOTA MOTOR CREDIT CORP 500,000.00 USD CORP 06/30/2025 493,879.11 0.00 9,820.14 -929.11 98.5900 492,950.00 502,770.14 904764BN6 UNILEVER CAPITAL CORP 160,000.00 USD CORP 08/12/2024 160,000.00 0.00 381.16 -984.00 99.3850 159,016.00 159,397.16 91159HHX1 US BANCORP 845,000.00 USD CORP 07/30/2024 844,987.50 0.00 8,393.67 -2,328.15 99.7230 842,659.35 851,053.02 9128282A7 UNITED STATES TREASURY 1,900,000.00 USD US GOV 08/15/2026 1,840,983.04 0.00 10,570.05 -62,925.04 93.5820 1,778,058.00 1,788,628.05 9128282Y5 UNITED STATES TREASURY 795,000.00 USD US GOV 09/30/2024 795,875.64 0.00 4,154.20 -7,323.09 99.1890 788,552.55 792,706.75 9128283J7 UNITED STATES TREASURY 1,480,000.00 USD US GOV 11/30/2024 1,482,806.52 0.00 2,491.94 -21,809.72 98.7160 1,460,996.80 1,463,488.74 9128283V0 UNITED STATES TREASURY 280,000.00 USD US GOV 01/31/2025 281,832.09 0.00 2,884.62 -6,334.49 98.3920 275,497.60 278,382.22 9128285M8 UNITED STATES TREASURY 4,000,000.00 USD US GOV 11/15/2028 3,817,222.22 0.00 15,285.33 -17,062.22 95.0040 3,800,160.00 3,815,445.33 9128286A3 UNITED STATES TREASURY 2,045,000.00 USD US GOV 01/31/2026 1,993,619.86 0.00 22,121.39 -18,436.16 96.5860 1,975,183.70 1,997,305.09 9128286B1 UNITED STATES TREASURY 3,000,000.00 USD US GOV 02/15/2029 2,751,773.14 0.00 29,206.73 30,726.86 92.7500 2,782,500.00 2,811,706.73 912828D56 UNITED STATES TREASURY 575,000.00 USD US GOV 08/15/2024 575,553.68 0.00 5,064.82 -2,732.93 99.6210 572,820.75 577,885.57 912828V98 UNITED STATES TREASURY 1,160,000.00 USD US GOV 02/15/2027 1,139,859.92 0.00 9,679.95 -46,107.52 94.2890 1,093,752.40 1,103,432.35 912828XX3 UNITED STATES TREASURY 1,225,000.00 USD US GOV 06/30/2024 1,225,007.36 0.00 12,182.69 -7.36 100.0000 1,225,000.00 1,237,182.69 912828XZ8 UNITED STATES TREASURY 1,500,000.00 USD US GOV 06/30/2025 1,468,908.79 0.00 20,511.68 -3,183.79 97.7150 1,465,725.00 1,486,236.68 912828Y87 UNITED STATES TREASURY 740,000.00 USD US GOV 07/31/2024 740,049.52 0.00 5,336.54 -2,247.32 99.7030 737,802.20 743,138.74 912828Y95 UNITED STATES TREASURY 2,000,000.00 USD US GOV 07/31/2026 1,927,603.76 0.00 15,453.30 -38,923.76 94.4340 1,888,680.00 1,904,133.30 912828YM6 UNITED STATES TREASURY 635,000.00 USD US GOV 10/31/2024 637,608.79 0.00 1,552.99 -10,768.54 98.7150 626,840.25 628,393.24 GAAP Balance Sheet by Position City of Escondido (299155) As of 06/28/2024 Return to Table of Contents Dated: 08/01/2024 2 Attachment "4"
20 Item5.

* Weighted by: Market Value + Accrued. * Holdings Displayed by: Position.

Identifier Description Current Units Currency Security Type Final Maturity
Book Value Interest/
Dividend Due
Accrued Balance Net Unrealized
Gain/Loss
Market
Price
Market Value Market Value +
Accrued
912828ZL7 UNITED STATES TREASURY 3,375,000.00 USD US GOV 04/30/2025 3,354,357.38 0.00 2,063.52 -110,003.63 96.1290 3,244,353.75 3,246,417.27 912828ZT0 UNITED STATES TREASURY 2,000,000.00 USD US GOV 05/31/2025 1,986,911.02 0.00 396.17 -74,271.02 95.6320 1,912,640.00 1,913,036.17 912828ZV5 UNITED STATES TREASURY 3,000,000.00 USD US GOV 06/30/2027 2,664,045.22 0.00 7,458.79 2,084.78 88.8710 2,666,130.00 2,673,588.79 91282CAB7 UNITED STATES TREASURY 2,380,000.00 USD US GOV 07/31/2025 2,368,725.68 0.00 2,451.92 -108,273.08 94.9770 2,260,452.60 2,262,904.52 91282CAD3 UNITED STATES TREASURY 2,000,000.00 USD US GOV 07/31/2027 1,814,833.62 0.00 3,090.66 -50,533.62 88.2150 1,764,300.00 1,767,390.66 91282CAM3 UNITED STATES TREASURY 620,000.00 USD US GOV 09/30/2025 617,079.40 0.00 381.15 -32,462.80 94.2930 584,616.60 584,997.75 91282CAY7 UNITED STATES TREASURY 2,000,000.00 USD US GOV 11/30/2027 1,774,285.12 0.00 990.44 -15,525.12 87.9380 1,758,760.00 1,759,750.44 91282CBC4 UNITED STATES TREASURY 1,200,000.00 USD US GOV 12/31/2025 1,199,206.78 0.00 2,237.64 -76,966.78 93.5200 1,122,240.00 1,124,477.64 91282CBH3 UNITED STATES TREASURY 5,325,000.00 USD US GOV 01/31/2026 5,283,725.50 0.00 8,228.88 -320,878.75 93.1990 4,962,846.75 4,971,075.63 91282CBJ9 UNITED STATES TREASURY 1,000,000.00 USD US GOV 01/31/2028 877,347.07 0.00 3,090.66 1,012.93 87.8360 878,360.00 881,450.66 91282CBQ3 UNITED STATES TREASURY 3,400,000.00 USD US GOV 02/28/2026 3,367,354.84 0.00 5,589.67 -201,240.84 93.1210 3,166,114.00 3,171,703.67 91282CBT7 UNITED STATES TREASURY 2,000,000.00 USD US GOV 03/31/2026 1,996,792.53 0.00 3,688.52 -131,552.53 93.2620 1,865,240.00 1,868,928.52 91282CCF6 UNITED STATES TREASURY 4,080,000.00 USD US GOV 05/31/2026 4,024,228.72 0.00 2,424.59 -240,518.32 92.7380 3,783,710.40 3,786,134.99 91282CCJ8 UNITED STATES TREASURY 2,410,000.00 USD US GOV 06/30/2026 2,406,260.38 0.00 10,485.82 -170,599.78 92.7660 2,235,660.60 2,246,146.42 91282CDG3 UNITED STATES TREASURY 6,900,000.00 USD US GOV 10/31/2026 6,828,233.24 0.00 12,656.25 -460,016.24 92.2930 6,368,217.00 6,380,873.25 91282CDH1 UNITED STATES TREASURY 5,000,000.00 USD US GOV 11/15/2024 4,998,907.68 0.00 4,585.60 -83,657.68 98.3050 4,915,250.00 4,919,835.60 91282CDZ1 UNITED STATES TREASURY 1,175,000.00 USD US GOV 02/15/2025 1,164,595.46 0.00 6,536.74 -17,043.46 97.6640 1,147,552.00 1,154,088.74 91282CEN7 UNITED STATES TREASURY 2,000,000.00 USD US GOV 04/30/2027 1,910,750.01 0.00 8,967.39 -5,050.01 95.2850 1,905,700.00 1,914,667.39 91282CES6 UNITED STATES TREASURY 3,000,000.00 USD US GOV 05/31/2029 2,804,016.41 0.00 6,536.89 -15,306.41 92.9570 2,788,710.00 2,795,246.89 91282CEU1 UNITED STATES TREASURY 2,045,000.00 USD US GOV 06/15/2025 2,013,222.58 0.00 2,248.94 -11,433.43 97.8870 2,001,789.15 2,004,038.09 91282CEV9 UNITED STATES TREASURY 2,000,000.00 USD US GOV 06/30/2029 1,911,035.91 0.00 32,321.43 -9,855.91 95.0590 1,901,180.00 1,933,501.43 91282CFB2 UNITED STATES TREASURY 2,000,000.00 USD US GOV 07/31/2027 1,915,342.64 0.00 22,664.84 -16,042.64 94.9650 1,899,300.00 1,921,964.84 91282CFH9 UNITED STATES TREASURY 1,000,000.00 USD US GOV 08/31/2027 963,557.15 0.00 10,275.14 -4,027.15 95.9530 959,530.00 969,805.14 91282CFU0 UNITED STATES TREASURY 3,000,000.00 USD US GOV 10/31/2027 2,991,472.02 0.00 20,176.63 -24,412.02 98.9020 2,967,060.00 2,987,236.63 91282CGC9 UNITED STATES TREASURY 4,000,000.00 USD US GOV 12/31/2027 3,963,221.23 0.00 77,074.18 -38,541.23 98.1170 3,924,680.00 4,001,754.18 91282CGP0 UNITED STATES TREASURY 3,000,000.00 USD US GOV 02/29/2028 2,980,018.89 0.00 39,456.52 -24,538.89 98.5160 2,955,480.00 2,994,936.52 91282CGT2 UNITED STATES TREASURY 5,000,000.00 USD US GOV 03/31/2028 4,912,999.60 0.00 44,569.67 -51,099.60 97.2380 4,861,900.00 4,906,469.67 91282CHA2 UNITED STATES TREASURY 3,000,000.00 USD US GOV 04/30/2028 2,918,652.36 0.00 17,119.57 -15,342.36 96.7770 2,903,310.00 2,920,429.57 91282CHE4 UNITED STATES TREASURY 2,000,000.00 USD US GOV 05/31/2028 1,962,365.97 0.00 5,744.54 -18,465.97 97.1950 1,943,900.00 1,949,644.54 91282CHH7 UNITED STATES TREASURY 1,000,000.00 USD US GOV 06/15/2026 989,523.13 0.00 1,577.87 -963.13 98.8560 988,560.00 990,137.87 91282CHK0 UNITED STATES TREASURY 5,000,000.00 USD US GOV 06/30/2028 4,961,087.27 0.00 99,450.55 -34,937.27 98.5230 4,926,150.00 5,025,600.55 91282CHQ7 UNITED STATES TREASURY 3,000,000.00 USD US GOV 07/31/2028 2,936,423.30 0.00 50,995.88 33,216.70 98.9880 2,969,640.00 3,020,635.88 91282CHU8 UNITED STATES TREASURY 2,000,000.00 USD US GOV 08/15/2026 2,008,426.77 0.00 32,451.92 -21,626.77 99.3400 1,986,800.00 2,019,251.92 91282CJA0 UNITED STATES TREASURY 3,000,000.00 USD US GOV 09/30/2028 2,996,884.49 0.00 34,118.85 30,055.51 100.8980 3,026,940.00 3,061,058.85 91282CKG5 UNITED STATES TREASURY 1,000,000.00 USD US GOV 03/31/2029 978,849.58 0.00 10,143.44 11,540.42 99.0390 990,390.00 1,000,533.44 91324PEG3 UNITEDHEALTH GROUP INC 640,000.00 USD CORP 05/15/2027 642,079.45 0.00 2,894.22 -22,597.85 96.7940 619,481.60 622,375.82 91412HGE7 UNIVERSITY CALIF REVS 375,000.00 USD MUNI 05/15/2025 375,000.00 0.00 404.71 -13,762.50 96.3300 361,237.50 361,642.21 923040GU7 VENTURA CNTY CALIF CMNTY

COLLEGE DIST
490,000.00 USD MUNI 08/01/2024 490,000.00 0.00 3,626.00 -1,494.50 99.6950 488,505.50 492,131.50 977123X60 WISCONSIN (STATE OF) 640,000.00 USD MUNI 07/01/2024 640,000.00 0.00 1,974.61 0.00 100.0000 640,000.00 641,974.61 98163KAC6 WOART 2021-D A3 147,135.70 USD ABS 10/15/2026 147,131.85 0.00 46.35 -3,099.91 97.8906 144,031.94 144,078.29 X9USDBRD2 BLACKROCK FED TRST DOLR SHR FD
102
2,809,377.25 USD MMFUND 06/28/2024 2,809,377.25 0.00 0.00 0.00 1.0000 2,809,377.25 2,809,377.25 --- --- 176,422,110.26 USD --- 10/05/2026 172,998,453.46 0.00 1,056,562.05 -3,864,362.83 94.3514 169,134,090.63 170,190,652.68 GAAP Balance Sheet by Position City of Escondido (299155) As of 06/28/2024 Return to Table of Contents Dated: 08/01/2024 3 Attachment "4"
21 Item5.

STAFF REPORT

August 14, 2024
File Number 0480-70

SUBJECT
LIBRARY SERVICES AND TECHNOLOGY ACT GRANT, PLAY FOR ALL - $19,710

DEPARTMENT
Community Services/Library

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-114 authorizing the Assistant Director of Community Services to receive a Library Services and Technology Act (“LSTA”) Grant for $19,710 grant from the California State Library on behalf of the Escondido Public Library.

FISCAL ANALYSIS
There will be no impact on the General Fund. The total cost of the Play for All, Little Explorers Safari Project is targeted at $43,903, which includes $19, 710 funded by the LSTA Grant and $24,193 funded by the Library Trust Budget , Youth Services. An additional $31,000 in staff time by L ibrary Systems & Services (“LS&S”) staff is counted as part of the grant’s in-kind contribution for a total grant package of $74,903.

PREVIOUS ACTION
None

BACKGROUND
The California State Library’s LSTA grant opportunities aim to enhance library services through improvement, innovation, and experimentation. These grants also focus on building grant -writing and management capacity among California libraries and help loca l libraries develop services that address community needs and aspirations.
22 Item6.

The Play for All funding opportunity provides competitive grants to California libraries to create welcoming family play spaces and meaningful play-based programming for marginalized young children. These grants seek to overcome barriers and inequitable access to quality play spaces in underserved communities.

Public Libraries in California were eligible to apply, and while a local match in cash or in-kind contributions was expected, no minimum amount was required.

The Play for All grant was targeted as a means for the library to align with the City of Escondido's aspiration to transform downtown into a vibrant cultural, economic, and recreational hub. The Little Explorers Safari Grant Project seeks to revitalize the library’s preschool area into a dynamic and inclusive play space. This initiative supports the City's vision by providing a cornerstone for educational and cultural engagement that is free and accessible to all, thus fost ering social cohesion and community pride. By incorporating new, engaging furniture, play structures, wall manipulatives, and interactive technology—developed with input from community partners and parents —we are creating a space that not only meets the cu rrent needs but also serves as a beacon of the city's commitment to its children and future generations. Through this project, the library will become a central element in realizing Escondido's vision for an outstanding quality of life, making it a source of pride and a pivotal downtown venue.

Project Description

The Little Explorers Safari project is an innovative initiative to transform the Escondido Public Library's preschool area into a vibrant interactive learning environment for children aged 0-6, particularly from low-income minority Hispanic and immigrant families. The project will introduce new furniture, play structures, wall manipulatives, and interactive technology to revitalize the space, enhancing young learners' educational and play experiences.

Community Engagement

The project will involve the community in conversations and surveys to guide the selection of furniture, manipulatives, and technology, ensuring the space meets the community's needs and preferences.

Significant expenditures include versatile furniture, climbing structures, handheld and wall-mounted manipulatives, and technology such as tablets with augmented reality applications.

Anticipated Project Outputs

 Programs Presented: Rhymes and Reading, Baby Lapsit, Toddler Tales, Español los Jueves, and Inclusive Art Club.
 Total of 192 programs from October 2024 through May 2025.  Anticipated total attendance: 9,856.
 Daily visitor count to the new play space: approximately 50, totaling 18,250 visitors annually. 23 Item6.

Evaluation Plans

The library will collect attendance data, track visits using gate counters, and distribute program-specific comment forms and surveys to evaluate the impact of the project. Surveys provided by the State Library and IMLS will also be used.

Sustainability

The City of Escondido Public Library will maintain grant-funded purchases with support from the Friends of the Escondido Public Library and the Escondido Library Foundation. The library's operating and program supplies budgets will include future replacements for damaged and lost play elements.

RESOLUTIONS
a. Resolution No. 2024-114

ATTACHMENTS
b. Attachment “1” – Grant Award Letter
c. Attachment “2” – LSTA Play for All Grant Application d. Attachment “3” –Budget Adjustment
24 Item6.

RESOLUTION NO. 2024-114

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE

ASSISTANT DIRECTOR OF COMMUNITY SERVICES TO
RECEIVE A $19,710 GRANT FROM THE CALIFONRIA

STATE LIBRARY

WHEREAS, the City of Escondido Public Library has identified a need to revitalize the library's preschool area to better serve low-income, minority families, and caregivers with children aged 0-6; and WHEREAS, the project, known as "Little Explorers Safari," aims to create an engaging, memorable play space supported by enhanced play experiences in popular children’s story time programs; and WHEREAS, the California State Library has awarded a Library Services and Technology Act Grant in the amount of $19,710 to fund the Little Explorers Safari Project; and WHEREAS, the grant funds will be used to purchase new engaging furniture, play structures, wall manipulatives, and interactive technology, thereby enhancing the educational and play experiences of young learners in the Escondido community; and
WHEREAS, this project aligns with the mission and values of the Escondido Public Library, including its commitment to providing equitable access to enriching educational experiences for all community members; and
WHEREAS, the City Council deems it to be in the best public interest to accept this grant to support the revitalization of the library's preschool area.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
25 Item6.

1. That the above recitations are true.

2. That the City Council authorizes the Assistant Director of Community Services, or his designee, to execute all necessary documents, in forms approved by the City Attorney’s Office, to accept all grant funds.

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

4. The Community Services Department/Escondido Public Library shall expend $19,7100 grant funds in accordance with the terms and requirements of the grant agreement.

26 Item6.

June 3, 2024
R
ino Landa
Library Director
City of Escondido
239 S Kalmia Street
Escondido, CA 92025
D
ear Rino Landa:

I’
m pleased to notify you that the California State Library intends to award a Play for All grant to the City of Escondido to fund the proposed project, Escondido Library Little Explorers Safari. Funding is contingent upon the passage of the 2024-2025 state budget, revisions to your application as requested below, and your completion of the California Cultural Collections Protection Survey.

Your application has been opened for editing in the grant management portal. By June 13, 2024, please make and address the requested revisions, and resubmit the application. For any revisions that do not require edits to the application, please email me at [email protected].

O
nce you have made the revisions, please email me to let me know the application has been resubmitted.

PPLICATION REVISIONS
Upon review of your application, the following revisions are requested:
• Pl
ease review the authorized representative entries and application certification.

T
he authorized representative must be a direct employee of the grantee o
rganization.
• P
lease add additional details to the Community Needs, Aspirations, and Assets application question on who the targeted marginalized community is and how y
ou will reach and engage them.
• Th
e description of the proposed project better aligns with the project intent Lifelong Learning: Improve users’ knowledge or abilities beyond basic access to information. Please update the project intent to reflect Lifelong Learning. • Th
e procurement activity discusses the purchase of materials to support the project's programs. This activity is better aligned with a content acquisition, please update the activity type and mode accordingly.

Attachment "1"
27 Item6.

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

• The final planning and evaluation activity currently describes the regular evaluation of the project and appears to be less then 10% of grant resources.

This activity can be removed from the application.

• Please review action seven detailed in the timeline. The description includes the installation climbing structures, mobile shelves, wall-mounted manipulatives and technology. Please confirm these items do not require permanent installation or construction as these are not allowable uses of LSTA funds.

• Grant or in-kind funds in the salaries, wages & benefits category of the budget reflect only direct employees of the official applicant. Staff costs that are paid through contract services, such as LS&S, should be reflected in the services category of the budget with the LS&S as a single service provider. Details including position titles, hours worked, rate, FTE and how the position contributes to the project should be included in the description for either category. Salaries should be based on current salaries for the positions listed or actual current salary scale of the organization. The FTE should reflect direct project work, meaning a 1 FTE will be directly working only on this project full time during the project period.

Please ensure the FTE for each position and the amount of time and work included in the description align.

• All budget items must to be detailed in the budget form either as line items or in the description. Please note handheld manipulatives is listed under two separate line items in the supplies and materials category of the budget.

• The application incudes quote attachments from vendors with items over $5,000 not listed in the budget. If items are to be included in the budget they should be listed under the equipment category of the budget and will require IMLS approval.

• Please add a line item, grant funded or in-kind, to the supplies and materials category of the budget for labels or stickers with the IMLS acknowledgement statement printed on them to place on items purchased through this project.

• The revisions to the budget require you to upload an updated budget form. If any budget category totals change while do so, you must also update the budget section of the online application, ensuring both the budget form and the budget in the online application match.

EQUIPMENT APPROVAL
All proposed equipment costs require IMLS approval. Please provide the following information, via email, so the State Library can pursue IMLS approval. Please note, installation and permanent construction are not allowable uses of LSTA funds.

Attachment "1"
28 Item6.

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

• Amount
• Name of equipment
• Name of purchaser (Applicant Organization)
• Goal it supports in California’s Five-Year Plan (Goal 4) • How the equipment contributes to the purpose of the project

REQUIRED SURVEY
As a requirement of receiving an LSTA Grant, you must take the California Cultural Collections Protection Survey. Specific instructions for your organization will be forthcoming shortly. This survey must be completed immediately after your award period begins.

AWARD PACKET
Once the revisions have been submitted and approved, the California Cultural Collections Protections Survey has been complete, and the state budget has passed, you will receive an award packet that will include the official award letter, grant agreement and compliance certification documents, and a payment claim form. The award packet will be delivered via DocuSign.

PROJECT SUPPORT
LSTA awardees are provided support throughout the project period by a project support team comprised of a grant monitor and Library Programs Consultant from the State Library and an Equity Advisor. Please note that your application, including budget information, will be provided to the Equity Advisor assigned to your project.

If you have any questions or would like to schedule a time to review the requested changes, please contact me at [email protected] or self-schedule an appointment by June 10, 2024.

On behalf of the Library Development Services team at the State Library, we look forward to working with you during the 2024-2025 Play for All grant period!

Sincerely,

Wendy Amireh, Grants Analyst
California State Library, Library Development Services
900 N Street Sacramento, CA 95814
[email protected]
(916) 603 -7129

Wendy
Amireh
Digitally signed by Wendy
Amireh
Date: 2024.06.03
12:40:05 -07'00'
Attachment "1"
29 Item6.

LITTLE EXPLORERS SAFARI
A California State Grant Application & Project

ABSTRACT
The Little Explorers Safari will revitalize the library's preschool area with new, engaging furniture and play
structures, including wall manipulatives and interactive tech, using feedback from partners and parents. This
project aims to create a memorable, exciting play space for low-income, minority families and caregivers with children aged 0-6 supported by enhanced play experiences in
popular children’s storytime programs.

Rino Landa
Library Director

Attachment "2"
30 Item6.

31 Item6.

Attachment "2"

Brief Abstract ....................................................................................................................................................................................... 2 Project Description ............................................................................................................................................................................... 2 Agency information .............................................................................................................................................................................. 3 Community Needs, Aspirations, and Assets ........................................................................................................................................ 3 Equity-Based Community Involvement ................................................................................................................................................ 4 Community Engagement ...................................................................................................................................................................... 4 Community Connections ...................................................................................................................................................................... 5 Friends of the Escondido Public LIbrary ........................................................................................................................................... 5 San Diego Children’s Discovery Museum ......................................................................................................................................... 5 University of California San Marcos - Center for Research and Engagement in STEM Education ....................................................... 5 Project Intent ....................................................................................................................................................................................... 6 Anticipated Project Outputs ................................................................................................................................................................ 6 Evaluation Plans ................................................................................................................................................................................... 7 Sustainability ........................................................................................................................................................................................ 7 Activities ............................................................................................................................................................................................... 7 Timeline................................................................................................................................................................................................ 8 Budget .................................................................................................................................................................................................. 9 Grant Funded Items ....................................................................................................................................................................... 10 Cash Match & In-Kind..................................................................................................................................................................... 10 Attachement 1: Space Plan & Key Purchases ..................................................................................................................................... 11 Potential Layout ............................................................................................................................................................................. 11 Existing Space Layout ..................................................................................................................................................................... 11 Existing Space Photographs ........................................................................................................................................................... 11 Key Purchases: Furniture & Climbing Structures ........................................................................................................................... 12 Furniture & Climbing Structures ................................................................................................................................................ 13 Technology ................................................................................................................................................................................. 16

TABLE OF CONTENTS
32 Item6.

Attachment "2"

Describe what you will do, how you will do it, what you aim to achieve, why, and for whom. (Word limit: 60).

The Little Explorers Safari will revitalize the library's preschool area with new, engaging furniture and play structures, including wall manipulatives and interactive tech, using feedback from partners and parents. This project aims to create a memorable, exciting play space for low-income, minority families and caregivers with children aged 0-6 supported by enhanced play experiences in popular children’s storytime programs.

Provide a brief summary of your project, including what you will do, for whom, and for what expected benefit.

The Little Explorers Safari project is an innovative initiative to transform the Escondido Public Library's preschool area in to a vibrant, interactive learning environment for children aged 0-6, particularly from low-income, minority, Hispanic, and immigrant families. Leveraging community and stakeholder feedback, the project will introduce engaging new furniture, play structures, wall manipulatives, and interactive technology to revitalize the space, enhancing our young learners' educational and play experiences.

Key activities include procuring stimulating furniture and play equipment, informed by community input, to foster a conducive learning atmosphere. Additionally, the project will enhance five popular, staff -led weekly programs: Rhymes and Reading, Baby Lapsit, Toddler Tales, Español los Jueves, and Inclusive Art Club, targeting infants to pre -k children. These programs, enriched with new play elements funded by the grant, will run from October 2024 through May 2025, with approximately 192 sessions planned, integrating educational play into storytelling and arts.

The project will also involve the community in conversations and surveys to guide the selection of furniture, manipulatives, and technology, ensuring the space meets the community's needs and preferences. Among the significant expenditures are versatile furniture, climbing structures, handheld and wall-mounted manipulatives for interactive learning, and cutting -edge technology, including tablets with an augmented reality application to bring a safari-themed mural to life, enhancing the immersive experience.

Targeting the library's substantial footfall, particularly from underserved demographics, The Little Explorers Safari is pois ed to become a cornerstone of educational and cultural enrichment in Escondido, fostering early childhood development, literacy, and a love for learning in a supportive, inclusive environment. This project is expected to significantly benefit the community b y providing accessible, high-quality educational resources, and promoting literacy and engagement among our youngest citizens and their families.

BRIEF ABSTRACT
Project Description
33 Item6.

Attachment "2"

Describe how the proposed project aligns with your agency’s mission, values, strategic plan, goals, and/or other activities. (Word limit: 150).

The Little Explorers Safari project is a prime example of how we at the Escondido Public Library live our mission to offer eq ual access to enriching educational experiences. This project, aimed at transforming our preschool area into an engaging, interactive space, aligns with our dedication to excellence, innovation, and community involvement. Focusing on low -income, minority families emphasizes our commitment to diversity and access, ensuring everyone has the opportunity to explore, learn, and grow.

The initiative leverages feedback from community partners and parents, showcasing our collaboration and community -building value. It enriches our popular children’s storytime programs, d irectly supporting our educational goals and fostering a love for literacy and cultural enrichment from an early age. Overall, the Little Explorers Safari project embodies our vision of expan ding worlds to unlimited possibilities, making it a critical step toward fulfilling our mission and values.

Describe the community need(s) that this project is intended to meet, the community aspiration(s) with which it is intended t o align, and how your project will respond to your stated community needs and aspirations. (Word limit: 300).

The Little Explorers Safari project addresses the crucial needs of Escondido's diverse and economically challenged community, aiming to enhance the public library's offerings for our youngest residents and their families. With the City of Escondido grappling with a long history of budget deficits, public investment in vital community infrastructures like the library has been minimal. This has left the children's area outdated, with little to no enhancement since its establishment in 1981, despite s erving a population exceeding 150,000. The need for accessible, high-quality educational and play spaces is evident, especially as the cost of similar amenities, such as those provided by the San Diego Children’s Museum, remains prohibitive for many residents.

This is compounded by the fact that many students in nearby schools are eligible for free or reduced lunch, indicating widespread financial insecurity. Moreover, our community's substantial Hispanic, immigrant, and refugee populations have historically been underserved, exacerbating the need for inclusive and engaging educational resources.

Aligned with Escondido's aspiration to transform downtown into a vibrant cultural, economic, and recreational hub, the Little Explorers Safari seeks to revitalize the library’s preschool area into a dynamic and inclusive play space. This initiative supports the city's vision by providing a cornerstone for educational and cultural engagement that is free and accessible to all, thus fos tering social cohesion and community pride. By incorporating new, engaging furniture, play structures, wall manipulatives, and interactive technology—developed with input from community partners and parents —we are creating a space that not only meets the current needs but also serves as a beacon of the city's commit ment to its children and future generations. Through this project, the library will become a central element in realizing Escondido's vision for an outstanding quality of life, m aking it a source of pride and a pivotal downtown venue.

AGENCY INFORMATION

COMMUNITY NEEDS, ASPIRATIONS, AND ASSETS
34 Item6.

Attachment "2"

Describe how your project will foster and support resource-sharing and access to information, services, and opportunities that prioritizes community engagement and centers on local communities' lived experiences, strengths, and challenges. (Word limit: 300) *See application instructions for definitions.

To ensure our project resonates with and is accessible to marginalized communities, we plan to engage deeply with our community partners. These partnerships are pivotal in understanding and addressing our targeted populations' unique needs.

The San Diego Children’s Discovery Museum, focusing on early STREAM education, will offer invaluable insights into interactive exhibit design and program development, directly supporting our mission to spark a love of learning. The California State University San Marcos Center for Research and Engagement in STEM Education will provide research -backed guidance on educational best practices, ensuring our offerings are engaging and effective. The Friends of the Escondido Library, with the ir commitment to supporting library programs, will expand the resources available beyond the scope of this grant, catering to a broader age range and, thus, fostering an inclusive learning environment. Additionally, the Moms Group of Escondido will play a crucial role in informing the selection of resources, ensuring they meet local families' practical needs and preferences.

These collaborations will enhance the quality and relevance of the Little Explorers Safari project and ensure it is deeply integrated with the community's fabric. By involving local stakeholders in the planning and execution phases, we commit to a participatory approach that values and prioritizes community input. This project, through its innovative design and community - focused execution, will provide a model for how libraries can serve as hubs of educational equity, offering pathways to information, services, and opportunities that are reflective of and responsive to the communities they serve.

Describe how you will engage members of the marginalized community(ies) on which your project will focus with your designed project and activities. (Word limit: 300).

To effectively engage marginalized communities, the Little Explorers Safari project employs inclusive strategies tailored to the specific needs and goals of low-income, Hispanic, and immigrant families. This goal will be accom plished by:

1. Multilingual Community Engagement: We invite families to shape the preschool area's development through community conversations and feedback sessions. These discussions are conducted in various languages, including Spanish, ensuring every voice is valued. Partnering with local centers and schools helps us connect with a broader audience, facilitating easier participation for those often sidelined.

2. Cultural Representation in Programming: With programs like "Español los Jueves" and "Inclusive Ar t Club," we aim to mirror the rich cultural tapestry of our community. Integrating diverse stories, music, and art, these activities are crafted to make every child feel seen and respected, simultaneously fostering language skills and cultural pride.

3. Strategic Outreach and Collaborations: We amplify our project's reach by joining forces with entities serving our target populations—schools, non-profits, and community groups. Utilizing social media and local press, armed with culturally aware promotions, ensures vital information gets to those most in need.

Equity-Based Community Involvement
Community Engagement
35 Item6.

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4. Technology for All: Introducing accessible, innovative tech like augmented reality (AR) application demystifies digital tools for children from underprivileged backgrounds. This approach entertains and educates them, offering them opportunities often out of reach.

These concerted efforts are designed to build a nurturing, inclusive environment within the Escondido Library, reflecting our community's diversity. By ensuring equitable access to this enriched educational and recreational space, The Little Explorers Safari project pledges to uplift children and families from marginalized groups, celebrating and elevating their place within our societal fabric.

Proposed projects must include at least one community connection. Please see the application instructions for more information.

How many community connections are included in your project? Please describe community connections. Attach any letters of support to your application. *

3 The Friends of the Escondido Public Library will play a pivotal role in enriching the Little Explorers Safari project by fund ing essential supplies and presenters, ensuring a rich educational experience for children aged 0 -6. Beyond their financial support, they will enhance the project by donating additional play elements suitable for older children, extending its impact and inclusivity. This contribution will not only broaden the scope of interactive and educational opportunities available but als o ensure that the library remains a versatile hub for learning and engagement for all children, reinforcing the library's commitment to fostering literacy, creativity, and a love for learning in a supportive, inclusive environment.

The San Diego Children’s Discovery Museum will play a pivotal role in the Little Explorers Safari project at the Escondido Pu blic Library. It will leverage its expertise in early STREAM (science, technology, reading, engineering, art, and math) education. The museum will contribute to marketing efforts as a partner, ensuring broader community awareness and participation. It will als o provide specialized guidance on selecting educational play structures and manipulative s that align with STREAM principles, enriching the library's preschool area. Furthermore, the museum's input will be instrumental in shaping the design of the library’s enhanced programming, ensuring that activities are not only engaging but also education al, supporting the project's goal to spark a love of learning among children from underserved communities.

California State University San Marcos Center for Research and Engagement in STEM Education will significantly enhance the Little Explorers Safari project by offering research-based, professional guidance on play-centered educational programs. Their involvement in community discussions and planning ensures that the educational materials and activities selected for the Escondido Public Library’s preschool area adhere to the latest best practices in early childhood STEM education. Additionally , the center’s contribution of paid interns to lead library programs introduces expert facilitation, enriching the interactive learning Community Connections

FRIENDS OF THE ESCONDIDO PUBLIC LIBRARY
SAN DIEGO CHILDREN’S DISCOVERY MUSEUM

UNIVERSITY OF CALIFORNIA SAN MARCOS - CENTER FOR RESEARCH AND ENGAGEMENT IN STEM EDUCATION 36 Item6.

Attachment "2"

experiences for children aged 0-6. This collaboration aligns with the project’s goal to provide an inclusive, dynamic learning environment that fosters early childhood development, literacy, and a lifelong love of learning among underserved communities .

Institutional Capacity: Add, improve or update a library function or operation to further its effectiveness

Please list services to be provided and/or products to be created in this project, including the ap proximate number of each.

See instructions for more detail.

Programs Presented: 1) Rhymes and Reading, 2) Baby Lapsit, 3) Toddler Tales, 4) Español los Jueves, and 5) Inclusive Art Club .

Programs will be presented from October 14, 2024, through May 31, 20 25.

Approximately 192 programs are planned to incorporate some play elements funded by the grant. The programs are expected to be presented the following number of times during the grant's reporting period:

1) Rhymes and Reading = twice per week (64 times),

2) Baby Lapsit = weekly (32 times),

3) Toddler Tales = weekly (32 times),

4) Español los Jueves = weekly (32 times),

5) Inclusive Art Club = weekly (32 times).

The anticipated total attendance to programs supported by the grant is 9,856. Based on past attendance records, program attendance is expected as follows:

1) Rhymes and Reading = 30 per session = 1,920 attendees

2) Baby Lapsit = 50 per session = 1,600 attendees

3) Toddler Tales = 150 per session = 4,800 attendees

4) Español los Jueves = 23 per session = 736 attendees

5) Inclusive Art Club = 25 per session = 800 attendees

Space outputs - the number of children, families, and caregivers visiting and using the new play space - are expected to be about 50 per day, for a total of 18,250 visitors to the Little Explorers Safari per year.

PROJECT INTENT

ANTICIPATED PROJECT OUTPUTS
37 Item6.

Attachment "2"

Describe additional local plans, if any, for evaluating the impact of your project in response to your stated needs, beyond t he framework provided by the State Library and IMLS.

The library collects attendance of all programs and tracks visits using standard gate counters. Additionally, program -specific comment forms and surveys are planned. As this project includes Instructional activities, the library will also work with the State Library to issue surveys provided by the IMLS.

Should this project be successful, how will it be supported and sustained in the future?

The City of Escondido Public Library will maintain grant-funded purchases with support from the Friends of the Escondido Public Library and the Escondido Library Foundation. Replacement for damaged and lost play elements, such as handheld manipulatives, will be included in the future operating and program supplies budgets. The anticipated replacement of climbing structures in 5-10 years may be funded by another grant or through the support of the Friends and/or Library Foundation.

ACTIVITY MODE FORMAT
Procurement N/A N/A
Purchase of furniture, climbing structures, handheld and wall-mounted manipulatives, program tools and supplies, and in-library use technology. Procurement of specific items will be guided by community and stakeholder feedback. Other purchases, particularly program tools (e.g., handheld manipulatives, toys, and small climbing structures), will be selected and purchased by library staff based on prior community input, professional expertise, and the library's strategic plan.

ACTIVITY MODE FORMAT
Instruction Program – Public In-Person
Presentation of five (5) distinct staff-led programs weekly during the grant period: 1) Rhymes and Reading, 2) Baby Lapsit, 3) Toddler Tales, 4) Español los Jueves, and 5) Inclusive Art Club. The programs target children, ages 0 -10, with most of the programs focusing on infants through the end of pre-k. Each program will be enhanced with play elements (noted as "Program Tools" in the budget and other grant materials). Programs will be presented from October 14, 2024, through May 31, 2025. The programs are expected to be presented the following number of times during the grant's reporting period: Rhymes and Reading = twice per week (64 times), Baby Lapsit = weekly (32 times), Toddler Tales = weekly (32 times), Español los Jueves = weekly (32 times), and Inclusive Art Club = weekly (32 times). Approximately 192 programs are planned to incorporate some play elements funded by the grant.

ACTIVITY MODE FORMAT
Planning & Evaluation Prospective – Public In-house
Community conversations and surveys related to the selection of furniture, wall -mounted manipulatives, and technology for in- library use. At a minimum, four (4) community conversations will be held by library staff to identify the most popular items to purchase and to collect feedback on the overall design of the new space and its furnishings.

EVALUATION PLANS

SUSTAINABILITY

ACTIVITIES
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ACTIVITY MODE FORMAT
Planning & Evaluation Retrospective – Public In-house
Review the results of community feedback, surveys, and staff input to identify, select, and purchase the play elements needed for the grant, including furniture, handheld and wall-mounted manipulatives, climbing structures, and technology. This activity al so includes the distribution, data input, and reporting of grant-required surveys and local data collection for statistical purposes.

Writing the final report is also included in this activity.

Activity Month Started Month Ended

1. Grant award notification; review and acceptance by the City Council June 03, 2024 July 15, 2024

2. Initial marketing and communication: Inform community partners and stakeholders of the award; initial marketing efforts to inform the community and encourage attendance at input sessions.

July 01, 2024 August 01, 2024

3. Development of input sessions and surveys: staff prepare informational presentations and surveys for community input on play elements, furniture, and technology.

August 01, 2024 August 30, 024

4. Community presentations and input sessions: collect data on the desired play elements, such as wall-mounted and hand-held manipulatives, furniture, and technology, using surveys and community conversations, both during and outside library programs. Minimum of four (4) input sessions.

August 19, 2024 September 23, 2024

5. Library staff conversations at the monthly meeting: review community input and refresh training on incorporating play elements into programs; inform staff of final purchase decisions and establish grant-specific survey and statistical procedures.

September 23, 2024 October 7, 2024

6. Prepare & place purchase orders : review and compile information from community input sessions; coordinate with vendors to place orders and establish delivery/install dates.

October 8, 2024 November 1, 2024

7. Delivery and installation of purchases: receipt and installation of climbing structures, mobile shelves, wall-mounted manipulatives, and technology.

November 4, 2024 December 31, 2024

8. Marketing and Grand Opening: marketing of the space and grand opening.

December 02, 2024 January 31, 2025

9. Incorporation of play elements into existing programs: receipt and introduction of program tools and hand-held manipulatives in existing library storytimes and related programs for young children, ages 0-5.

October 14, 2024 May 31, 2025

10. Program surveys and feedback: distribute and collect program surveys to evaluate the impact of play elements in library programs.

October 21, 2024 May 31, 2025

TIMELINE
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11. Play space surveys and feedback: distribute and collect surveys to evaluate the impact of play elements, furniture, and technology in the space.

January 01, 2025 May 31, 2025

12. Final reporting June 01, 2025 June 30, 2025

Grant Funds Requested Cash Match & In-Kind Total
$19,610 $56,222 $75,832

Grant Funds Sum of Total
Climbing structures $ 5,106.26
Furniture $ 3,639.04
Handheld manipulatives $ 2,264.92
Program tools $ 3,098.60
Technology $ 3,740.00
Wall manipulatives $ 1,761.54
Grand Total $ 19,610.36

Cash Match & In-Kind Sum of Total
Furniture $ 24,192.82
Salaries, Wages, and Benefits $ 31,899.45
Services $129.00
Grand Total $ 56,221.27

See the next section for a detailed breakdown of the categories listed above.

BUDGET
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Vendor Type Description Qty. Unit Price Shipping Sub-Total Tax Total S&S Worldwide Climbing structures Jonti-Craft® Tiny Tots Loft, 2-3 Years 1 $ 3,259.99 $ 350.00 $ 3,609.99 1.0775 $ 3,889.76 Playaway Products Technology Playaway Launchpads (various) 12 $ 170.00 $ 2,040.00 1.0775 $ 2,198.10 Little People's Cove Furniture HABA Sit & Play Reading Snake 1 $ 1,624.92 $ - $ 1,624.92 1.0775 $ 1,750.85 eSpecial Needs Program tools Calming Bubble Tube 4' 1 $ 1,266.00 $ 250.00 $ 1,516.00 1.0775 $ 1,633.49 Bumble Bee Smart Wall manipulatives Sensory Panels (25" x 13.75" x 2") 5 $ 262.77 $ 121.00 $ 1,434.85 1.0775 $ 1,546.05 Amazon Technology Lenovo Tab P11 Plus (1st Gen) 5 $ 229.00 $ - $ 1,145.00 1.0775 $ 1,233.74 Wayfair Climbing structures Jonti-Craft® Jonti-Craft 63.96'' W Indoor Wood Climber 1 $ 1,129.00 $ - $ 1,129.00 1.0775 $ 1,216.50 Wayfair Furniture Jonti-Craft® 10 Compartment Manufactured Wood Cubby, Magnetic Back 1 $ 799.99 $ - $ 799.99 1.0775 $ 861.99 eSpecial Needs Program tools Activity PlayPanel Center 1 $ 783.00 $ - $ 783.00 1.0775 $ 843.68 Rugs USA Furniture Green Safari Friends 8' x 10' Area Rug 1 $ 434.99 $ - $ 434.99 1.0775 $ 468.70 Constructive Play Things Handheld manipulatives Multi-Colored Hardwood Unit Blocks 2 $ 178.99 $ 53.70 $ 411.68 1.0775 $ 443.59 Little People's Cove Furniture Friendly Phonics Animals Carpet (Small) 1 $ 389.40 $ - $ 389.40 1.0775 $ 419.58 Ten-O Program tools Animal Balance Beam 1 $ 225.00 $ 85.00 $ 310.00 1.0775 $ 334.03 Really Good Stuff Technology Really Good Stuff® Tablet Storage And Charging Base™ - 1 charging base 2 $ 143.00 $ - $ 286.00 1.0775 $ 308.17 eSpecial Needs Handheld manipulatives Motor Shape Sequence Board 5 $ 46.95 $ - $ 234.75 1.0775 $ 252.94 Little People's Cove Wall manipulatives Crocodile 5-Activity Sensory Wall Toy 1 $ 199.99 $ - $ 199.99 1.0775 $ 215.49 Amazon Program tools Wooden Balance Beam for Kids Toddlers 2 $ 75.99 $ - $ 151.98 1.0775 $ 163.76 Constructive Play Things Handheld manipulatives Play Vet Set 2 $ 73.99 $ - $ 147.98 1.0775 $ 159.45 Constructive Play Things Handheld manipulatives Animal Puzzle Set 2 $ 64.99 $ - $ 129.98 1.0775 $ 140.05 Amazon Handheld manipulatives Tummy Time Playboard + Art Cards 10 $ 12.99 $ - $ 129.90 1.0775 $ 139.97 Amazon Furniture Paco Home Kids Rug for Nursery with Jungle Animals in Green, Size: 6'7" x 9'6" 1 $ 128.00 $ - $ 128.00 1.0775 $ 137.92 Amazon Handheld manipulatives Smart Shapes Bilingual Sorting Cube 5 $ 22.99 $ - $ 114.95 1.0775 $ 123.86 Amazon Program tools BILINGUAL ALPHABET POSTER 5 $ 22.95 $ - $ 114.75 1.0775 $ 123.64 Amazon Handheld manipulatives Wood Preschool Carrot Harvest Game 5 $ 21.99 $ - $ 109.95 1.0775 $ 118.47 Amazon Handheld manipulatives Shockproof Kids Case for Lenovo Tab P11 5 $ 18.99 $ - $ 94.95 1.0775 $ 102.31 Constructive Play Things Handheld manipulatives Preschool Zoo Building Bricks 2 $ 44.99 $ - $ 89.98 1.0775 $ 96.95 Constructive Play Things Handheld manipulatives Rubbabu® 3D Shape Sorter Animal Shapes Puzzle 2 $ 39.99 $ - $ 79.98 1.0775 $ 86.18 Amazon Handheld manipulatives Sensory Balls for Baby (6 pack) 5 $ 14.99 $ - $ 74.95 1.0775 $ 80.76 Amazon Handheld manipulatives Bilingual Montessori Toys - Kettlebell 5 $ 14.84 $ - $ 74.20 1.0775 $ 79.95 Amazon Handheld manipulatives 12PCS Baby Blocks Soft Building Blocks 5 $ 13.99 $ - $ 69.95 1.0775 $ 75.37 Constructive Play Things Handheld manipulatives Counting Animals 2 $ 33.99 $ - $ 67.98 1.0775 $ 73.25 Amazon Handheld manipulatives ZMLM Baby Beginner Crawling Toy 5 $ 12.99 $ - $ 64.95 1.0775 $ 69.98 Constructive Play Things Handheld manipulatives Chunky Mix 'N Match Puzzles 2 $ 27.99 $ - $ 55.98 1.0775 $ 60.32 Constructive Play Things Handheld manipulatives Soft Jungle Animals Set of 6 2 $ 21.99 $ - $ 43.98 1.0775 $ 47.39 Constructive Play Things Handheld manipulatives Interactive Animal Board 2 $ 13.99 $ - $ 27.98 1.0775 $ 30.15 Constructive Play Things Handheld manipulatives Farm Animals Knob Puzzle 2 $ 12.99 $ - $ 25.98 1.0775 $ 27.99 Constructive Play Things Handheld manipulatives Wild Animals Knob Puzzle 2 $ 12.99 $ - $ 25.98 1.0775 $ 27.99 Constructive Play Things Handheld manipulatives Melissa & Doug® Safari Chunky Puzzle - 8 PC 2 $ 12.99 $ - $ 25.98 1.0775 $ 27.99

Vendor Type Description Qty. Unit Price Shipping Sub-Total Tax Total Yamada Furniture Mobile shelving includes two 42 x 36 x 24"D units (2 sections on a 72"L base). 4 $ 3,679.00 $ - $ 14,716.00 1.0775 $ 15,856.49 School Outfitters Furniture Shapes Series II Structured Soft Seating - S-Curve (Price Group 1 Material) 3 $ 791.88 $ 113.47 $ 2,489.11 1.0775 $ 2,682.02

School Outfitters

Furniture

Shapes Series II Modular Soft Seating Cube w/ Tabletop - 18" H (Grade 1 Material)

2 $ 477.88

$ 113.47

$ 1,069.23

1.0775

$ 1,152.10
School Outfitters Furniture Shapes Series II Modular Soft Seating - S-Curve - 18" H (Price Group 1 Material) 3 $ 515.88 $ 113.47 $ 1,661.11 1.0775 $ 1,789.85 School Outfitters Furniture Shapes Series Rectangle Classroom Floor Table (30" W x 60" L); 11-16" high 2 $ 289.88 $ - $ 579.76 1.0775 $ 624.69 School & Office Direct Furniture Vicro Text Series Table (20" D x 60" W x 26"-34" H) 1 $ 421.00 $ 421.00 1.0775 $ 453.63 School Outfitters Furniture Foam Soft Seating S-Curve Set (Six 28" L x 13" W x 12" H) 1 $ 405.88 $ - $ 405.88 1.0775 $ 437.34 School Outfitters Furniture Foam Soft Seating Crescent Set (Seven 10" H) 1 $ 401.88 $ - $ 401.88 1.0775 $ 433.03

School Outfitters

Furniture

Foam Soft Seating Set- Cylinder (Four 16" H x 18" W)

1 $ 395.88

$ -

$ 395.88

1.0775

$ 426.56
School Outfitters Furniture Foam Soft Seating Set- Cylinder (Four 12" H x 18" W) 1 $ 312.88 $ - $ 312.88 1.0775 $ 337.13 EyeJack Services Subscription to AR creation and publishing platform - "Artist" tier 12 $ 10.00 $ - $ 120.00 1 $ 120.00

Staff Activity Time (Hrs) Quantity Total Hrs Per Hour Cost FTEs Total Cost Total Plus Benefits Assistant Director Supervision of grant and programs 40 1 40 $ 49.60 1.00 $ 1,983.92 $ 2,579.10 Graphic Designer Grant-specific marketing 30 1 30 $ 27.88 1.00 $ 836.40 $ 1,087.32 Librarian 1 Grant program preparation 2 192 384 $ 26.11 1.00 $ 10,026.83 $ 13,034.88 Librarian 1 Grant program presentation 1 192 192 $ 26.11 1.00 $ 5,013.42 $ 6,517.44 Librarian 1 Grant reporting and recordkeeping 40 1 40 $ 26.11 1.00 $ 1,044.46 $ 1,357.80 Librarian 1 Outreach 3 4 12 $ 26.11 1.00 $ 313.34 $ 407.34 Library Assistant Grant program support 1 192 192 $ 21.13 1.00 $ 4,057.48 $ 5,274.72 Library Director Grant administration & support 20 1 20 $ 63.11 1.00 $ 1,262.19 $ 1,640.85

GRANT FUNDED ITEMS

CASH MATCH & IN-KIND
41 Item6.

Attachment "2"

POTENTIAL LAYOUT EXISTING SPACE LAYOUT

White elements represent existing furniture, fixtures, and equipment. Image to scale.

Image not to scale.

Pre-school space with tables and AWE computer stations. New children’s books shelves and mural.

ATTACHEMENT 1: SPACE PLAN & KEY PURCHASES

EXISTING SPACE PHOTOGRAPHS
42 Item6.

Attachment "2"

Pre-school space with tables and AWE computer stations. AWE Stations and Mural

1. Mobile shelving x4

2. Soft Seating - S-Curve with back x3

3. Soft Seating - S-Curve without back x3

4. Floor Table (30" W x 60" L); 11-16" high

5. Table (20" D x 60" W x 26"-34" H)

6. S-Curve Set (Six 28" L x 13" W x 12" H)

7. Soft Seating Crescent Set (Seven 10” H)

8. Soft Seating Cylinder (Four 16” H)

9. Soft Seating Cylinder (Four 12” H)

10. Jonti-Craft® Tiny Tots Loft

11. Jonti-Craft 63.96'' W Indoor Wood
Climber

12. HABA Sit & Play Reading Snake

13. Seating Cube w/ Tabletop x4
Bold = Grant-Funded
5 13
6 11
10 12
2 3 7
1 8 9 4
KEY PURCHASES: FURNITURE & CLIMBING STRUCTURES
43 Item6.

Attachment "2"

FURNITURE & CLIMBING STRUCTURES

Vendor Yamada Library Furniture
Item Mobile shelving includes two 42 x 36 x 24"D units
(2 sections on a 72"L base).

List Price $3,679
Quantity 4
Vendor School Outfitters
Item Shapes Series II Structured Soft Seating - S-Curve (Price Group 1 Material)
List Price $791.88
Quantity 3

Vendor School Outfitters
Item Shapes Series II Modular Soft Seating - S-Curve -
18" H (Price Group 1 Material)
List Price $515.88
Quantity 3
Continued on next page
44 Item6.

Vendor School Outfitters
Item Shapes Series Rectangle Classroom Floor Table
(30" W x 60" L); 11-16" high
List Price $289.88
Quantity 2

Vendor School Outfitters
Item Vicro Text Series Table (20" D x 60" W x 26"-34" H) List Price $421.00
Quantity 1

Vendor School Outfitters
Item Foam Soft Seating S-Curve Set (Six 28" L x 13" W x 12" H)
List Price $405.88
Quantity 1

Vendor School Outfitters
Item Foam Soft Seating Crescent Set (Seven 10" H)
List Price $401.88
Quantity 1
Attachment "2"
45 Item6.

Vendor School Outfitters
Item Foam Soft Seating Set- Cylinder (Four 16" H x 18"
W)
List Price $395.88
Quantity 1

Vendor School Outfitters
Item Foam Soft Seating Set- Cylinder (Four 12" H x 18"
W)
List Price $312.88
Quantity 1

Vendor S&S Worldwide (also available from other vendors) Item Foam Soft Seating Set- Cylinder (Four 12" H x 18"
W)
List Price $3,259.99
Quantity 1

Vendor Wayfair (also available from other vendors)
Item Jonti-Craft® Jonti-Craft 63.96'' W Indoor Wood
Climber
List Price $1,129.00
Quantity 1
Attachment "2"
46 Item6.

Vendor Little People's Cove
Item HABA Sit & Play Reading Snake
List Price $1,624.92
Quantity 1

TECHNOLOGY

Continued on next page.

1. Playaway Launchpads x12

2. AR Safari Tablets x5
Bold = Grant Funded
1 2
Attachment "2"
47 Item6.

Vendor Playaway
Item Launchpads (various)
List Price $150.00-$180.00
Quantity 12
Launchpads are available in a variety of subject areas and for different age groups. The goal of this purchase will be to off er a variety of Launchpads for toddlers through pre-K, all in preparation for kindergarten. The selection will be informed by community conversations and surveys.

Vendor Various
Item Lenovo Tab P11 Plus (1st Gen)
List Price $229.00
Quantity 5

Vendor EyeJack
Item EyeJack Creator Subscription - Artist
List Price $120.00
Quantity 1 – monthly subscription at $10.00/month
Using a simple interface, staff plan to create augmented reality (AR) animations and video connected to the existing safari mural that is found throughout the children’s space. These tablets will offer children without a phone or tablet the opportunity to explore and discover the “wildlife” in the Little Explorers Safari.

Attachment "2"
48 Item6.

BUDGET ADJUSTMENT

REQUEST
Department: Community Services/Library
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Robert Rhoades
City Council Meeting Date:
(attach staff report) 8/14/2024

EXPLANATION OF REQUEST
Acceptance of $19,710 grant funding from the California State Library, Library Services and Technology Act (“LSTA”). The grant will revitalize the library's preschool area with new, engaging furniture and play structures, including wall manipulatives and interactive technology.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Miscellaneous Agencies
4121-004-NEW
PROJECT $19,710
California State Library - LSTA
0000-004-NEW
PROJECT $19,710

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE
Docusign Envelope ID: 98F2C7A1-D327-4096-9536-CA9CD3C416DD 8/5/2024 8/5/2024
Attachment "3"
49 Item6.

STAFF REPORT

August 14, 2024
File Number 0600-10; A-3325-6

SUBJECT

APPROVE BUDGET ADJUSTMENT, CHANGE ORDER AND CONTRACT AMENDMENT FOR THE CITRACADO

PARKWAY EXTENSION PROJECT

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-112 authorizing a budget adjustment to program available Transnet Funds in the amount of $1,036,965 for use on this Project; Resolution No. 2024-115 for a change order in the amount of $957,688.50 to the construction contract with Flatiron West, Inc.; and Resolution No. 2024-116 authorizing Amendment 6 to the consultant contract with TY Lin International in the amount of $376,460 for the Citracado Parkway Extension Project (“Project”).

Staff Recommendation: Approval (Chris McKinney, Interim Development Services Director/ Deputy City Manager and Owen Tunnell, Interim-City Engineer)
Presenter: Matt Souttere, Project Manager
ESSENTIAL SERVICE – Yes, Public Works/Infrastructure
COUNCIL PRIORITY – Improve Public Safety

FISCAL ANALYSIS
The budget adjustment is intended to program currently unallocated TransNet funds and unused funds from complete projects to support remaining construction work, continue construction management consultant assistance to complete Project work, consultant assistance to negotiate additional funding from Rincon Water, and consultant assistance with contractor disputed work and delay negotiations. The addition of budget adjustment funds, remaining contingency and previously programmed but unused funds for the Citracado Parkway Extension Project are adequate to cover the cost of the proposed change order and consultant agreement amendment. This includes reserving a portion of the 2024-2025 Project budget for the costs of long -term maintenance and monitoring of Project vegetation as required by the resource agency permits for the Project. The Project is funded with a combination of funding sources including a State Local Partnership Program Grant, TransNet funds, Traffic Impact Fees, and a contribution from the Palomar Hospital Project.

50 Item7.

PREVIOUS ACTION
On August 20, 2014, the City Council authorized the Mayor to execute a reimbursement agreement with Rincon Del Diablo Municipal Water District ( “Rincon”) for their share of pipeline design costs for the Citracado Parkway Extension Project. On February 5, 2020 the City Council authorized the Mayor to execute a reimbursement agreement with Rincon for recycled water and potable water construction and relocation as part of the Citracado Parkway Extension Project . On April 17, 20 24, the City Council authorized reimbursement of $2,033,103.50 from Rincon Del Diablo Municipal Water District.

On May 11, 2022, the City Council authorized the Mayor to execute an agreement with Flatiron West, Inc. in the amount of $23,792,400.50 to complete the Citracado Parkway Extension Project. On October 11, 2023, the City Council authorized the Mayor to execute a change order to the construction contract with Flatiron West, Inc. in the amount of $1,493,621.38 for additional costs associated with construction of the sound wall on the east side of Citracado Parkway. On April 17, 2024 , the City Council authorized the Mayor to execute a second change order to the construction contract with Flatiron West, Inc. in the amount of $994,407.97 for additional costs associated with construction of the sound wall on the east and west sides of Citracado Parkway.

On February 5, 2020 , the City Council authorized the Mayor to execute an agreement with TY Lin International, Inc. for construction management and constructability review in the amount of $1,596,544.

On June 22, 2022, the City Council authorized the Mayor to execute Amendment 1 to the City’s contract with TY Lin International, Inc. in the amount of $982,162.51 to support a longer construction duration based on a detailed constructability review that de termined more time was necessary to complete the Project. Staff approved Amendment 2 to TY Lin’s agreement in the amount of $191,295 for additional construction management and added staff for inspection of sound wall foundation construction due to the presence of shallow rock and excessive groundwater. On October 11, 2023, the City Council authorized the Mayor to execute Amendment 3 with TY Lin International, Inc. in the amount of $ 845,013 for continued support of Project construction. On April 17, 2024 , the City Council authorized the Mayor to execute Amendment 4 to the City’s contract with TY Lin International, Inc. in the amount of $389,823. In August 2, 2024, the City Manager authorized A mendment 5 to TY Lin’s agreement in the amount of $197,380 for additional construction management , material and wet pile testing, and added staff for inspection of sound wall foundation construction due to the presence of shallow rock an d excessive groundwater.

BACKGROUND
Construction of the Project began on Septemb er 6, 2022. The original contract completion date was in February 2024. As a result of the presence of shallow rock outcrops, shallow groundwater resulting from rainfall experienced during recent rainy seasons, relocation of conflicting AT&T, Cox and SDG&E 51 Item7.

infrastructure, and the more recent artifact discovery, the Project now has an estimated completion in October 2024. Higher than average rainfall over the last two years has raised the groundwater table, continuing to make construction of Project sound wall foundations previously not constructed because of utility conflicts more difficult, requiring pumping of groundwater and placement of sleeves to prevent caving of foundations. French drains to area storm drains also need to be constructed to redirect water from surfacing on sidewalk areas. Rock continues to be present in remaining segments of Project sound walls being constructed after the conflicting utilities have been relocated , lengthening the duration to construct the walls. Though all conflicting utilities have now be been relocated, the resulting rerouting of water mains and irrigation work are still underway . Delays associated with weather, groundwater, rock and utility redesigns and construction to relocate conflicting utilities have extended the Project duration and introduced potential delays to the Contractor , requiring additional construction management and related services.

Construction Changes:

The Environmental Impact Report for the Project requires noise-reducing sound walls along much of the existing segment of Citracado Parkway. The presence of rock and groundwater in the sound wall foundations for the west side of the roadway resulted in additional construction costs in the amount of $391,357.94. To mitigate potential costs, one segment of sound wall was re -designed to provide a more shallow footing to reduce the risk of exposure to rock and groundwater. Another effort to offset wall costs using an existing outcropping as a sound ba rrier is underway. Savings could be significant if accepted by permitting authorities. In addition, utility conflicts resulted in the need to re-route and relocate water and irrigation lines and their appurtenances and install additional utilities at a cost of $186,883.04. Installation of safety measures meeting current standards to improve pedestrian walking areas was requested in the amount of $37,447.52. Staff requests that the City Council approve a change order to the Flatiron West, Inc. contract in the amount of $957,688.50.

Construction Management Changes:

An amendment to the agreement with TY Lin , the construction management consultant, is requested based on the extended construction timeline and to cover required additional effort by the construction management team to track time and materials associated with groundwater, rock , utility conflicts, and address change order requests due to differing site conditions and utility relocations by the contractor.

The consultant’s efforts are to ensure that the City can determine and pay for the actual cost of the additional work. The Project’s construction duration has been extended due to these various items which have resulted in additional construction management services. Staff recommends a contract amendment with TY Lin in the amount of $376,460 to ensure construction management and quality assurance of the Project through its anticipated completion date, and to assist with final negotiations of delay and disputed work items that have been submitted by the contractor.

52 Item7.

Project Status:

The Project is approximately 87 percent complete. The Citracado Parkway bridge is complete, the extended roadway segment between Harmony Grove Village Parkway and Andreasen Drive has been paved, and with exception of a few sound wall segments not constructed because of utility conflicts, the overall Project sound walls are complete. The contractor continues work on the aforementioned sound wall segments, signing and striping the new roadway, installation and connectivity of new traffic signals, installation of median bio basins, installation of new sidewalks, and installation of Project irrigation .

Project planting and plant establishment will commence soon. The City is working with the contractor to partially open the road to traffic in late August, allowing use of one lane in each direction of travel while the remaining work items are completed.

RESOLUTIONS
a. Resolution No. 2024 – 112
b. Resolution No. 2024 – 115
c. Resolution No. 2024 – 116
d. Resolution No. 2024 – 116 Exhibit “A” – Amendment 6

ATTACHMENTS
a. Attachment “1” – Amendment 6

53 Item7.

RESOLUTION NO. 2024-112

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ESCONDIDO, CALIFORNIA, AUTHORIZING AN

AMENDMENT TO THE TRANSNET LOCAL STREET

IMPROVEMENT PROGRAM OF PROJECTS FOR
FISCAL YEARS 2025 THROUGH 2029

WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and
WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and
WHEREAS, the City of Escondido was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2025 through 2029; and WHEREAS, the City of Escondido approved its 2025 TransNet Local Street Improvement Program of Projects on June 26, 2024 and the City of Escondido desires to make an adjustment to its Program of Projects; and
WHEREAS, the City of Escondido has held a noticed public meeting with an agenda item that clearly identified the proposed adjustment by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31.

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

follows:
54 Item7.

1. That the above recitations are true.

2. That the City of Escondido requests that SANDAG make the following adjustment to its 2025 Program of Projects (“Amendment”), as follows: program an additional $1,036,965 of the City’s TransNet Carryover Balance in fiscal year 2024/25 for the Citracado Parkway Extension Project (ESC04) , the City’s original TransNet Carryover allocation for FY25 was $1,284,000, and the new total allocation to the Citracado project in FY25 will be $2,320,965.

3. That pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Escondido certifies that no more than 30 percent of its cumulative revenues shall be spent on road maintenance-related projects as a result of the Amendment.

4. That pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Escondido certifies that all new or changed projects, or major reconstruction projects included in the Amendment and funded by TransNet revenues, shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Escondido’s public hearing process for the Amendment.

5. That the City of Escondido does hereby certify that all other applicable provisions of the

TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met.

6. That the City of Escondido agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Escondido’s TransNet funded projects.

55 Item7.

BUDGET ADJUSTMENT

REQUEST
Department: Development Services
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Jonathan Schauble
City Council Meeting Date:
(attach staff report) 08/14/2024

EXPLANATION OF REQUEST
Budget Adjustment to allocate TransNet funds towards construction and construction management costs of the Citracado Parkway Extension Project in the amount of $1,036,965. The TransNet projects listed below for decreasing funds have been substantially completed, and those TransNet funds will be re-programmed to the Citracado Parkway Extension Project.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Citracado Parkway Extension 230-691101 $1,036,965
Centre City/Mission 230-690029 $479,086
E Valley Parkway/Valley Cntr Rd 230-691705 $12,543
El Norte Parkway Bridge 230-691706 $138,420
Unprogrammed TransNet 230 (TransNet) $406,916

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE
Docusign Envelope ID: C57572FD-3A4A-4654-816D-850FA2DA6282 8/5/2024 8/5/2024
Attachment "1"
56 Item7.

RESOLUTION NO. 2024-115

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING CHANGE

ORDERS TO THE PUBLIC IMPROVEMENT AGREEMENT
WITH FLATIRON WEST, INC. FOR THE CONSTRUCTION

OF THE CITRACADO PARKWAY EXTENSION PROJECT

WHEREAS, the City Council has allocated funding in the adopted Capital Improvement Program (“CIP”) Budget for the Citracado Parkway Extension Project; and WHEREAS, on May 11, 2022, the City Council adopted Resolution No. 2022-56 authorizing execution of a Public Improvement Agreement with Flatiron West, Inc. in the amount of $23,792,400.50 for the construction of the Citracado Parkway Extension Project (“Project”); and WHEREAS, on October 11, 2023 , the City Council adopted Resolution No. 2023-120 authorizing execution of a change order in the amount of $1,493,621.38 regarding construction services to be provided by Flatiron West, Inc. under the Public Improvement Agreement for the Project; and WHEREAS, on April 17, 2024 , the City Council adopted Resolution No. 2024-45 authorizing execution of a change order in the amount of $994,407.97 regarding construction services to be provided by Flatiron West, Inc. under the Public Improvement Agreement for the Project; and WHEREAS, the City Council recognizes that approval of an additional change order for the Project is required to continue and complete construction of the Project; and WHEREAS, this City Council desires at this time and deems it to be in the best public interes t to authorize the Mayor to execute a third change order with Flatiron West, Inc. in an amount not to exceed $957,688.50.
57 Item7.

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 approves construction c hange orders issued to date with Flatiron West, Inc. for the construction of the Citracado Parkway Extension Project totaling $957,688.50.

3. That the City Manager is authorized to approve change orders to pay for added work or disputed item resolution up to the contingency amount assigned for the original contract amount. 58 Item7.

RESOLUTION NO. 2024-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, A UTHORIZING THE MAYOR TO

EXECUTE, ON BEHALF OF THE CITY, A SIXTH AMENDMENT

TO THE CONSULTING AGREEMENT WITH TY LIN

INTERNATIONAL FOR THE CITRACADO PARKWAY

EXTENSION PROJECT

WHEREAS, the City Council has allocated fund ing in the adopted Capital Improvement Program Budget for the Citracado Parkway Extension Project (“Project”); and WHEREAS, on February 5, 20 20, the City Council adopted Resolution No. 202 0-08 authorizing execution of a Consulting Agreement with TY Lin International in the amount of $ 1,596,544 for the construction management of the Project (“Agreement”); and WHEREAS, o n June 22 , 20 22, the City Council adopted Resolution No. 202 2-82 authorizing execution of a First Amendment to Agreement in the amount of $ 982,162.51 for the continued construction management of the Project; and
WHEREAS, on September 21 , 20 23, the City Manager executed a Second Amendment to the Agreement in the amount of $191,295 for the continued construction management of the Project; and WHEREAS, on October 11, 2023, the City Council adopted Resolution No. 2023 -123 authorizing execution of a Third Amendment to the Agreement in the amount of $ 845,013 for the continued construction management of Project; and
WHEREAS, on April 17 , 202 4, the City Council adopted Resolution No. 2023 -45 authorizing execution of a Fourth Amendment to the Agreement in the am ount of $ 389,823 for the continued construction management of Project; and
59 Item7.

WHEREAS, on August 2, 2024, the City Manager executed a Fifth Amendment to the Agreement in the amount of $197,380 for the continued construction management of the Project; and WHEREAS, additional construction management services are required of TY Lin International to support the construction of the Project in the amount of $376,460.

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 Mayor is authorized to execute, on behalf of the City, a Sixth Amendment to the Agreement in the amount of $ 376,460, a copy of the proposed Sixth Amendment is attached hereto as Exhibit 1 and incorporated by this reference, and subject to final approval as to form by the City Attorney.

3. Given the ongoing nature of the Project, the City Council hereby authorizes the City Manager to execute any additional amendments (beyond the Sixth Amen dment) to the Agreement consistent with the Escondido Municipal Code which shall bring the cumulative Agreement price to $5,000,000.

60 Item7.

Sixth Amendment - 1 - CAO: 04/23/2024
To Consulting Agreement

CITY OF ESCONDIDO

SIXTH AMENDMENT TO CONSULTING AGREEMENT
This Sixth Amendment to Consulting Agreement (“Sixth Amendment”) is made and entered into as of the last signature date set forth below (“Effective Date”),

Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Owen Tunnell
760-839-4087
("CITY")

And: T.Y. Lin International
a California corporation
404 Camino del Rio South, Suite 700
San Diego, CA, 92108
Attn: Joseph Smith
619-692-1920
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties entered into that c ertain Consulting Agreement dated March 9, 2020, which was subsequently amended by a First Amendment dated August 11, 2022, a Second Amendment dated September 21, 2023, a Third Amendment dated October 31, 2023, a Fourth Amendment dated May 15, 2024 , and a Fifth Amendment dated August 5, 2024 (collectively, the “Agreement”), wherein CITY retained CONSULTANT to provide services for construction management, inspection and material testing for the Citracado Parkway Extension Project , as more specificall y described in the Agreement; and
WHEREAS, the Parties desire to amend the Agreement to include additional services as described in “Attachment A” to this Sixth Amendment, which is attached hereto and incorporated herein by this reference.

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

1. The CON SULTANT shall furnish all of the Services described in “Attachment A ” to this Sixth Amendment.
61 Item7.

Sixth Amendment - 2 - CAO: 04/23/2024
To Consulting Agreement

2. The CITY will compensate CON SULTANT in an additional amount not to exceed the sum of $376,460, pursuant to the conditions contained in “Attachment A” to this Sixth Amendment.

3. All other terms of the Agreement not referenced in this Sixth Amendment shall remain unchanged and in full force and effect. In the event of a conflict between a provision of the Agreement and this Sixth, this Sixth Amendment shall prevail.

4. This Sixth Amendment and the Agreement, togeth er with any attachments or other documents described or incorporated therein, if any, constitute the entire agreement and understanding of the Parties, and there are no other terms or conditions, written or oral, controlling this matter.

5. This Sixth Amendment may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document. Delivery of an executed signature page of this Sixth Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.

6. Unless a different date is provided in this Sixth Amendment, the effective date of this Sixth Amendment shall be the latest date of execution set forth by the names of the signatories below.

(SIGNATURE PAGE FOLLOWS)

62 Item7.

Sixth Amendment - 3 - CAO: 04/23/2024
To Consulting Agreement

IN WITNESS WHEREOF, this Sixth Amendment is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ____________________________________ Dane White, Mayor

T.Y. Lin International

Date: __________________ ___________________________________ Signature

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

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

BY: __________________________

DATE: _________________

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

63 Item7.

Sixth Amendment - 4 - CAO: 04/23/2024
To Consulting Agreement

ATTACHMENT “A”
Scope of Work

A. General

T.Y. Lin International, a California corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with continued consulting services related to the construction of the City’s Citracado Parkway Extension Project (“Project”).

B. Location

Consultant shall provide continued services as required for improvements being constructed within the Project site, including the existing portion from West Valley Parkway to South Andreasen Drive, Escondido. Please see Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference, for the Project site map.

C. Services

1. Consultant shall continue to provide construction management, inspection, environmental, and material and tes ting services for Project improvements, including but not limited to overall management of construction support team, coordination of utility redesigns and coordination of construction inspection with project work, inspection of all street and bridge impro vements, public outreach to affected residents and response to project inquiries, environmental inspections-oversite and permit extensions, negotiations for additional funding from Rincon for additional work to be completed as part of the project , and review and negotiation of delay or disputed work items submitted by the project contractor.

2. Services provided pursuant to the Sixth Amendment shall be in accordance with the Consultant’s proposa l, which is attached hereto as Exhibit 2 to this Sco pe of Work and incorporated herein by this reference.

D. Scheduling

Inquires relating to this Sixth Amendment, including scheduling and coordination with City staff, shall be directed to Matt Souttere at 760-214-4718 or [email protected].

E. Contract Price and Payment Terms

The contract price of this Sixth Amendment shall not exceed $376,460. The contract price of this Sixth Amendment includes all labor, materials , equipment, and transportation required to perform the work, and shall bring the cumulative contract price of the Agreement to $4,578,677.51.

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

F. Term

The term of this Sixth Amendment shall be from the Effective Date of this Sixth Amendment through the date of Notice of Completion for the Project, which shall be filed by the City with the County of San Diego after all Project improvements and closeout documents are accepted by the City Engineer. This is anticipated by December 2024.

64 Item7.

Sixth Amendment - 5 - CAO: 04/23/2024
To Consulting Agreement

EXHIBIT “1”

65 Item7.

Sixth Amendment - 6 - CAO: 04/23/2024
To Consulting Agreement

EXHIBIT “2”

Please see attached.

66 Item7.

Prepared for: City of Escondido

CITRACADO PARKWAY EXTENSION PROJECT
STAFFING PLAN, COSTS and FEES
6/3/2024
Finish date late September 2024 per estimated revised Schedule (CPM) Estimate to Complete May 1, 2024 to End of job
POSITION Incl Markup
May Jun July Aug Sep Oct Nov Dec ODCs Job to date Remaining per 176 160 176 176 160 176 200 160 2021 2022 2023 2024 Hours $ $ Hours $ % Jun-24 Total JUNE 2024 Invoice JOSEPH SMITH, PE PROJECT MANAGER/RESIDENT ENGINEER $465,016 82.6% $2,359,293.58 $2,824,309.55 $288.84 BRIAN ROCHELLE, PE DEP RE/STRUCTURE REP/FIELD ENGINEER 176 176 160 176 100 80 $159.73 $191.61 $197.36 $203.28 868 $176,446 $11,000 868 $187,446 33.28% Mileage+Earthspectives ODCs $1,038,006.82 $0.00 JOHN WILLIAMSON, PE BRIDGE INSPECTOR/FIELD ENGINEER 176 176 $185.86 $191.61 $197.36 $203.28 352 $71,554 352 $71,554 12.70% $1,096,345.75 $0.00 ADRIANNA CARO SOUNDWALL INSPECTOR 176 176 160 100 $145.00 $158.45 $163.20 $168.10 612 $102,877 612 $102,877 18.27% $123,728.80 $288.84 WADE DURANT, PE SCHEDULE REVIEWS/CCOs/CLAIMS 60 100 80 80 80 40 $202.20 $220.95 $227.58 $234.41 440 $103,139 440 $103,139 18.31% $101,212.21 $0.00 DERICK LONDON ASSISTANT RESIDENT ENGINEER/RDWY INSPECTOR $160.11 $174.96 $180.21 $185.62 0 $0 0 $0 0.00% $74,617 13.2% $1,236,533.42 $1,311,150.37 $0.00 ANNA FINLAY PUBLIC RELATIONS MANAGER $105.76 $115.57 $119.04 $122.61 0 $0 0 $0 0.00% $675,080.39 CS $0.00 KRISTA GOODMAN PUBLIC RELATIONS COORDINATOR $51.30 $56.06 $57.74 $59.47 0 $0 0 $0 0.00% $561,453.03 MT $0.00 HISHAM ELECTRICAL/SIGNAL INSPECTOR 100 40 $164.02 $179.23 $184.61 $190.15 140 $26,620 $1,000 140 $27,620 4.90% MATERIAL TESTING/REPORTS 100 40 40 $120.00 $131.13 $135.06 $139.12 180 $25,041 $15,000 180 $40,041 7.11% MATERIALS PM/ENGINEER 10 10 10 $200.00 $218.55 $225.11 $231.86 30 $6,956 30 $6,956 1.23% KARL OSMUNDSON ENVIRONMENTAL COMPLIANCE COORDINATOR 4 4 4 4 $220.00 $240.40 $247.61 $255.04 16 $4,081 16 $4,081 0.72% $17,002 3.0% $247,445.88 $264,448.29 $0.00 DANE VAN TAMELEN SENIOR PERMITTED WILDLIFE BIOLOGIST 8 8 8 4 $116.40 $120.00 $123.60 $127.31 28 $3,565 28 $3,565 0.63% ALEXANDER WALSH ASSISTANT BIOLOGIST MONITOR 48 20 16 $101.85 $105.00 $108.15 $111.39 84 $9,357 84 $9,357 1.66% ERICA HARRIS SENIOR SCIENTIST $160.05 $165.00 $169.95 $175.05 0 $0 0 $0 0.00% SEAN BOHAC GIS $135.80 $140.00 $144.20 $148.53 0 $0 0 $0 0.00% MARY ROBBINS WADE CULTURAL RESOURCES PRINCIPAL INVESTIGATOR $155.00 $169.37 $174.45 $179.68 0 $0 0 $0 0.00% KATHY KEATING LABOR COMPLIANCE 8 8 8 16 $142.23 $155.42 $160.08 $164.89 40 $6,595 40 $6,595 1.17% $6,595 1.2% $35,556.69 $42,152.09 $0.00 LABOR COMPLIANCE 0 $0 0 $0 0.00%
WAYNE PAPAC Utility Coordinator/Inspector $140.00 $152.85 $152.85 $157.44 0 $0 0 $0 0.00% $0 0.0% $56,312.38 $56,312.38 $0.00 0 $0 0 $0 $69,407.09 $69,407 $0
2790 $536,230.74 $27,000.00 2790 $563,231 100% Totals 100% $4,004,549.04 $4,567,780 $289 $7,951 Amount not billed on June Invoice already performed 95% 0% $2,946 3% Mark-up on Subconsultants Amendment 5 $197,380.00 In Process $574,128 Total Fee to Complete (EST) Incl Amend #5 $4,202,217.51 Current Budget $197,668 Amount remaining Inc Amend #5 $197,668 Amount remaining $376,460 Additional amount required
NAME Construction
Fee Estimate
Labor Rates 2024 Total Subtotal per Firm
T.Y. LIN INTERNATIONAL T.Y. LIN INTERNATIONAL
Kleinfelder
Helix Helix

SAFEWORK (DBE)
N.W. PAPAC CONSULTING N.W. PAPAC CONSULTING
Supplimental Work
2024
Post activities

SAFEWORK (DBE)
Kleinfelder
Resolution No. 2024-116
Exhibit 2 of Exhibit “A”

Page 1 of 1 ends

67 Item7.

STAFF REPORT

August 14, 2024
File Number 0480-70

SUBJECT
FY 2024 USDA URBAN AND COMMUNITY FORESTRY PROGRAM SUBAWARD AGREEMENT

DEPARTMENT
Development Services

RECOMMENDATION
Request for City Council to adopt Resolution No. 2024-127, authorizing the Mayor, to receive grant funds from the United States Department of Agriculture (“USDA”) Urban and Community Forestry Program Subaward in the amount of $665,500, and execute on its behalf, all grant -related agreements and documents necessary to receive and expend the funds for the completion of the Urban Forestry Management Plan.

Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services)
Presenter: Oscar Romero, Principal Planner
ESSENTIAL SERVICE – Yes, Land Use/Development; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces
COUNCIL PRIORITY –Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
The City of Escondido (“City”) was awarded $665,500 by the USDA’s and Green Latinos’ Urban Forestry Program Subaward Grant for the development of the City’s first Urban Forestry Management Plan. There is no matching requirement or impact to the General Fund.

BACKGROUND

In 2022, the Urban and Community Forestry Program received an historic $1.5 billion in Inflation Reduction Act funding for tree planting and related activities in urban areas with a priority on disadvantaged and overburdened communities. The grant objective is to facilitate municipal incorporation of programs and policies guiding tree maintenance, offsetting extreme heat, and improving access to nature in cities.
68 Item8.

The City submitted for the USDA Forest Service Urban and Community Forestry Inflation Reduction Act Grant Program for the utilization and development of an Urban Forestry Management Plan (“UFMP”).

Specifically, City staff submitted an application focusing on disadvantaged communities which allowed for a zero-match requirement, whereas a Cit ywide application would have required a 50 percent match in cost (i.e., the City covers costs of approximately $330,000). As of September 14, 2023, the USDA selected the City as one of the 385 grant proposals to receive a grant award for $665,500 to alleviate insufficient canopy coverage, lack of access to green space, and extreme urban heat islands throughout the City. The USDA utilized c ertain determinants of health to qualify communities throughout the City for grant eligibility. The grant will fund the creation of the UFMP and provide a mechanism for the implementation of policies by decision-makers to support the development of a Citywide Urban Forestry Management and Maintenance Plan within the City’s disadvantaged communities, as defined by t he federal government’s web mapping and data tools. In doing so, the City will ensure the areas of Escondido with the greatest need receive priority investment in the City’s efforts to improve its urban forest and canopy cover, as well as ensure alignment with the City’s adopted Climate Action Plan that prioritizes disadvantaged neighborhoods for investment.

The funded project will consist of four phases throughout a three-year timeframe, beginning in December of 2024 and finishing in the year 2026, and follow the phasing provided below:
 Year 1 (2024) – Request for proposal ( “RFP”) to solicit consultants, followed by a selection and consultant agreement.
 Year 2 (2025) – Consultant will be tasked with data collection, such as community outreach, tree inventory/existing conditions, development of recommended actions and initial review of UFMP.

In year 2, staff will also be initializing early tree care, revise and update the municipal code, landscape manuals and relevant City documents making reference to street trees.  Year 3 (2026) – Items tasked in year 2 will continue and be finalized in year 3 with a final UFMP presented to Planning Commission and City Council for review and approval.

Approval of Resolution No. 2024-127 will execute the Grant Agreement as attached and incorporated here as Attachment “1”, which has been reviewed and approved by the City Attorney’s Office.

RESOLUTIONS
a. Resolution No. 2024-95

ATTACHMENTS

a. Attachment “1”-Final Draft Subaward Agreement
69 Item8.

RESOLUTION NO. 2024-127

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, A UTHORIZING, ON BEHALF

OF THE CITY, ACCEPTANCE AND RECEIPT OF THE

UNITED STATES DEPARTMENT OF AGRICULTURE

URBAN AND COMMUNITY FORESTRY INFLATION

REDUCTION ACT PROGRAM SUBAWARD AGREEMENT
GRANT FUNDS IN THE AMOUNT OF $665,500 FOR THE

URBAN FORESTRY MANAGEMENT PLAN PROJECT AND

EXECUTION OF GRANT AGREEMENTS AND RELATED
FORMS

WHEREAS, the City Council of the City of Escondido is eligible to receive Federal funding for the development and implementation of the Urban and Community Forestry Management Plan through the United Sstates Department of Agriculture ( “USDA”) Urban and Community Forestry ( “UCF”) Inflation Reduction Act Program Subaward Agreement Grant (“Project”); and WHEREAS, a Grant Agreement shall be executed with the USDA before any funds may be claimed through the UCF Inflation Reduction Act Grant Program; and WHEREAS, the City of Escondido accepts and authorizes execution of the Grant Agreement and related agreements with the USDA to receive grant funds in the amount of $665,500 for completion of the Urban and Community Forestry Management Plan.

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 approves the acceptance of the grant funds award and authorizes the Mayor to execute all contracts as required by the Escondido Municipal Code. 70 Item8.

3. That the City Council retains the authority to appoint the Deputy City Manager , or their designee, as agent to conduct all negotiations and submit all documents to the USDA including, but not limited to payment requests and forms, which may be necessary for the development and implementation of the Urban Forestry Management Plan.

71 Item8.

CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 GreenLatinosUrban&CommunityForestryProgramSubawardAgreement for Cityof EscondidoUrbanForestryManagement PlanProject ThisSubawardAgreement(“Agreement”) isenteredintobetweenGreenLatinos, anonproﬁtorganizationdulyincorporatedpursuanttothelawsof theDistrictof Columbiawithprincipal ofﬁcesat191914Street, Suite700,Boulder, CO80302(“GreenLatinos”) andCityof Escondido, withitsprincipalofﬁcesat201 NorthBroadway, CA92025(“Subrecipient”). GreenLatinosandSubrecipientmaybecollectivelyreferredtoas“Parties” oreach, individually,asa“Party.” Contacts: Individualslistedbelowareauthorizedtoactintheirrespectiveareasformattersrelatedtothisaward. Anyrevisiontokeypersonnel identiﬁedinthisagreementrequiresnotiﬁcationbytheSubrecipientbyemail toGreenLatinoswithin10businessdays..

Principal SubawardContacts:SubawardProgramContact:OscarRomero201 NBroadway, Escondido, CA92025Telephone: 760-839-4801Email: [email protected] SubawardFinancial Contact:ChristinaHolmes201 NBroadway, Escondido, CA92025Telephone: 760-839-4620Email: [email protected] GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 1 72
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 Principal GreenLatinosContacts:

GreenLatinosProgramContact SubawardFinancial Contact
RachnaVas191914thStreet, Suite700Boulder, CO80302Telephone: (202) 677-0991Email: [email protected] JoeToolan191914thStreet, Suite700Boulder, CO80302Telephone: (443) 713-9026Email: [email protected] Whereas, theoriginatingsourceof Federal assistancefundsforthisAgreementismadeundertheauthorityof theCooperativeForestryAssistanceAct, P.L. 95-313asamended, 16 USCsection 2105andPublicLaw 117-169, Subtitle D, Section 23003(a). TheFederal AssistanceListing(formerlyCatalogof Federal DomesticAssistance- CFDA) numberandnameare 10.727, InﬂationReductionActUrban &CommunityForestryProgram.GreenLatinos’ AwardCooperativeAgreement(FAIN) numberis24-CA-11132544-013, andtheoriginatinggrantperiodisDecember 13, 2023toNovember 30, 2028; and Whereas, thepurposeof thisAgreementistooutlineParties’collaborativeeffortstodevelopandimplementanurbanandcommunityforestryproject(“Project”) funded, supportedby, andmeetingtheUnitedStatesDepartmentof Agriculture(USDA) ForestService’sUrbanandCommunityForestryProgramguidelinesandobjectives; and Whereas, Partiesaimtosupportfrontlinecommunitiesinrestoringandexpandingurbanforestcanopyinareaswithlowtreecover, andengagingresidentsincommunityforestry, resultingin(1) increasedresiliencetoheat, ﬂood, andstormevents; (2) increasedwellnessandrecreationalopportunities; and(3) reductionsingreenhousegasandairqualitypollutantsinfrontlinecommunitiesacrosstheCityof Escondido, representingcensustractsasdetailedwithintheattachedcensustractlist Now, therefore, thePartiesdoherebyagreeasfollows:

1. TERM. ThisAgreementshall governtheperformanceof thePartiesfortheperiod[ ] (the“EffectiveDate”)throughNovember30, 2027, unlessearlierterminatedbyeither GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 2 73
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 partyinaccordancewiththetermsof thisAgreement(suchperiodof performance, the“AgreementTerm”).

2. SCOPEOFWORKANDBUDGET; PRIORAPPROVALFORCHANGES.a. Scopeof WorkandBudget. Subrecipientshall, inasatisfactorymannerasdeterminedbyGreenLatinos,performall activitiesdescribedinthescopeof workasapprovedbyGreenLatinosandattachedheretoasExhibit A, asmaybeamendedfromtimetotime(the“ApprovedServices”) inaccordancewiththeprogrambudgetasapprovedbyGreenLatinosandattachedheretoasExhibit B, asmaybeamendedfromtimetotime(the“ApprovedBudget”). b. PriorApproval forChanges. Subrecipientmaynottransfermorethan10%allocatedfundsamongcostcategorieswithinabudgetedprogramaccountwithoutthepriorwrittenapproval of GreenLatinosnorshall Subrecipientmakeanychanges, directlyorindirectly, inprogramdesignorintheApprovedServicesorintheApprovedBudgetwithoutthepriorwrittenapproval of GreenLatinos.

3. ROLESANDRESPONSIBILITIES.a. GreenLatinos. Asanational pass-throughpartnerfortheUSDAForestServicethatsubawardsfundingtocommunity-basedorganizationsandlocal governmentagenciesservingprioritycommunities, GreenLatinoswillhaveadministrativeandprogrammaticoversightovertheimplementationof andcompliancewiththetermsof thisAgreement. GreenLatinosisresponsiblefor:i. FundingandPaymentProcessing. GreenLatinoswillprovidefundingfortheprojectinanamountnottoexceed$665,500USD. Payment(s) aretobemadeonareimbursablebasisaccordingtothePaymentScheduleshowninExhibit ATable 1. GreenLatinoswill processinvoicesquarterly.ii. Invoices. InvoicesaretobesubmittedthroughGreenLatinos’ subrecipientportal.iii. ProjectFunds. Projectfundsaretobeexpendedinaccordancewiththeproposedbudget, inaccordance GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 3 74
Item8.

CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 withthetermsinthisAgreement, andfulﬁllingthescopeof theﬁnal andawardedproposal.iv. MonitoringandReporting. GreenLatinoswillsuperviseandaggregatesemi-annual performanceandquarterlyreimbursementreports, andwillprovideanonlineportal forSubrecipienttosubmitreports.v. Technical Assistance. GreenLatinosmayorganizekick-off andclose-outconvenings, monthlypeerlearningcalls, andtopic-speciﬁcwebinarsonprojectdesign, reportingandﬁnancial assistance, andcommunityengagement. GreenLatinoswill providecasemanagementandsome technical assistance.Requestsfortechnical assistance, supportingprojectimplementation, shall besubmittedthroughGreenLatinossubrecipient’ portal. b. CommunityLead. Cityof Escondido, UniqueEntityIdentiﬁerUEI: CH9XY8AX7BD8, servingastheCommunityLeadforEscondido, shall havethelegal authoritytoenterintothisaward, andtheinstitutional, managerial, andﬁnancial capabilitytoensureproperplanning,management, andcompletionof theproposedproject,whichincludesfundssufﬁcienttopaythenon-Federalshareof projectcosts, whenapplicable. Subrecipientisresponsiblefor:i. ProgramParticipation. Totheextentpossible, activelyparticipatingintechnical assistanceactivitiesorganizedbyGreenLatinos, includingbutnotlimitedtokick-off andclose-outconvenings, monthlypeerlearningcalls, topic-speciﬁcwebinars, trainingonreportingandﬁnancial assistance, andcommunityengagement, andsubmissionof technical assistancerequeststhroughGreenLatinos’ onlineportal.ii. ProjectManagementandCoordination. CompletingProjectdeliverablesduringthedesignatedperiodofperformance, inaccordancewithprogramrequirements.

GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 4 75
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 iii. Finances. Establishingadedicatedaccountexplicitlydesignatedforfundsdisbursedunderthissubaward.Subrecipientisalsoresponsibleforsubmittingquarterlyreimbursementrequeststyingprogramactivitiestoapprovedbudgetexpenses, toaccessgrantfunding.iv. Reporting.1) QuarterlyFinancial Check-insandReimbursementReports: SubrecipientshallsubmitquarterlyreimbursementreportswithreimbursementrequestsasprescribedbyGreenLatinosthroughoutthesubaward’sperformanceperiod, tobesubmittedthroughGreenLatinos' subrecipientportal. Inaccordancewith2CFR§ 200.301, reportsmustrelateﬁnancial datatoperformanceaccomplishmentsof thefederal award.Quarterlyreimbursementreportswill bedueonApril 10forQ1 endingonMarch31; July10forQ2endingonJune30; October10forQ3endingonSeptember30andJanuary10forQ4endingDecember31. Therewill beinformalquarterlyprogresscheck-insinApril andOctoberwherereimbursementsandperformanceaccomplishmentswill bediscussed. QuantitativeandqualitativeprojectaccomplishmentsmustbereportedtotheUSFSImpactReportingPlatform. Latereportswill resultinwithholdingof reimbursementpayments.2) Semi-annual Reports: Subrecipientshall submitsemi-annual reportsasprescribedbyGreenLatinosthroughoutthesubaward’sperformanceperiod, tobesubmittedthroughGreenLatinos' subrecipientportal. Inaccordancewith2CFR§ 200.301, reportsmustrelateﬁnancial datatoperformanceaccomplishmentsof thefederal award.Semi-annual reportswill bedueonNovember10thfortheperiodof May1 toOctober31 and GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 5 76
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 May10thfortheperiodof November1 toApril31. QuantitativeandqualitativeprojectaccomplishmentsmustbereportedtotheUSFSImpactReportingPlatform. Latereportswill resultinwithholdingof reimbursementpayments.3) OngoingReporting: OngoingprojectreportingmayincludeprovidingGreenLatinosandtheUSDAwithsuccessstorieswithbrief projectdescriptions, outcomes, photographsandtestimonialsviatheUSDAForestServicereportingsystem.4) Final DeliverablesandReport. ByFebruary28,2028, submittingall substantial productsandoutputs, aﬁnal reportingform, highresolution.jpgphotographsof projectwork(bysubmittingaphotographSubrecipientconsentstoallowGreenLatinosandUSDAForestServicetousethosephotographsincommunicationsandreportingandrepresentsandwarrantsthatSubrecipienthasobtainedallnecessaryconsents, permissionsorlicensesnecessarytopermitGreenLatinosandUSDAForestServicetodoso), andadetailedrecordofprojectexpenditures, includingacomparisonoftheoriginal proposedbudgettoawardexpenditures.

GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 6 77
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 v. GreenLatinosCommunications. Subrecipientshallactivelycommunicatetheirprojectachievements,impact, andoutcomeswiththemedia. Subrecipientsshall workwithGreenLatinosandGreenLatinos’mediaconsultanttopromotetheirprojectstothemedia. Clearrecognitionof USDA'ssupportshall beincludedinall pressreleases, digital, andprintmedia.Subrecipientshall acknowledgeGreenLatinosandtheForestServicesupportinanypublications,audiovisuals, andelectronicmediadevelopedasaresultof thisaward. FollowdirectioninUSDASupplemental 2CFR415.2. GreenLatinosmayprovideplaquesandcertiﬁcatestoall sub-awardeestoacknowledgeUSDA’ssupport. If plaquesandcertiﬁcatesareprovided, theyshall bepubliclydisplayed. SubrecipientsmaybeaskedtopresentProjectoutcomesduringaGreenLatinosvirtual orinpersonmeeting, if requested. 1 4. AWARDANDADMINISTRATION; COMPLIANCEWITHAPPLICABLELAWS.a. JUSTICE40. Thefederal matchrequirementforthisawardhasbeenwaivedundertheprovisionof PublicLaw 117-169(InﬂationReductionAct), withtherequirementthat100%ofworkandfundingunderthissubawardmustbeneﬁtdisadvantagedcommunities.b. CompliancewithPrimeAwardandSubaward. Subrecipientshall performall activitiesfundedbythisAgreementinaccordancewith: (i) theNoticeof PrimeAwardattachedheretoasExhibit D, includinganyamendmentsthereto;(ii) theSubawardDataattachedheretoasExhibit E,includinganyamendmentsthereto, whichprovidesasummaryof theFederal Subrecipientagreementdatathatisrequiredby2 CFRPart 200–UniformAdministrativeRequirements, CostPrinciples, andAuditRequirementsforFederal Awards; (iii) theApprovedServicesattachedheretoasExhibit A; (iv) theApprovedBudgetattachedheretoasExhibit B, includinganyamendmentsthereto; and(v) the 1 ThisrequestissubjecttoGreenLatinos’communicationsscheduleandisnotguaranteedtobemade.

GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 7 78
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 applicableadditional termsandconditionsinExhibit C(eachof (i)-(v) aboveisherebyincorporatedbyreferenceintothisAgreement). Inaddition, SubrecipientshallcooperatefullywithGreenLatinosinitseffortstocomplywiththerequirementsof theNoticeof PrimeAward,includinganyamendmentsthereto.c. CompliancewithApplicableLaws. Subrecipientshallperformall activitiesfundedbythisAgreementinaccordancewithall applicablefederal, stateandlocal laws,includingwithoutlimitationlawswhichregulatetheuseoffundsallocatedCooperativeForestryAssistanceAct,P.L. 95-313asamended, 16USCsection 2105andPublicLaw117-169, Subtitle D, Section 23003(a). Theterm“federal, stateandlocal laws” asusedinthisAgreementshall meanallapplicablestatutes, rules, regulations, executiveorders,directivesorotherlaws, includingall lawsaspresentlyineffectandasmaybeamendedorotherwisealteredduringtheAgreementTerm, aswell asall suchlawswhichmaybeenactedorotherwisebecomeeffectiveduringtheAgreementTerm.d. CollaborativeArrangements. Wherepermittedbytermsoftheawardandfederal law, SubrecipientmayenterintocollaborativearrangementswithotherorganizationstojointlycarryoutactivitieswithForestServicefundsavailableunderthisaward. Subrecipientmustobtainapproval inwritingfromGreenLatinosbeforeenteringintoanycollaborativearrangementsusingForestServicefunds.GreenLatinoswill notapproveanysubawardarrangementsbetweenSubrecipientandotherorganizations.Collaborativearrangementsaretoberestrictedtocontractual agreementsassetforthbytheprocurementstandardsin2CFRPart 200Subpart D.e. Disclosures. SubrecipientmustpromptlydisclosetoGreenLatinosall violationsof Federal criminal lawinvolvingfraud, bribery, orgratuityviolationspotentiallyaffectingthefederal award.f. RiskandReceiptof Funding. Subrecipientrepresentsandwarrantsthat, atall timesduringtheTerm, itdoesNOThaveactiveexclusionsintheSystemforAwardManagement(sam.gov). Subrecipient’sriskproﬁlemustbe GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 8 79
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 evaluatedinaccordancewith2 CFR§ 200.332(b) anddeemedfavorable, andSubrecipient’sawardwill bereportedatfsrs.govincompliancewith2 CFR§170, priortoSubrecipient’sreceiptof funds. If theSubrecipienthasanyactiveexclusion, itwill notbeeligibleforreceiptof funding.g. SAM.GOVRequirement: Subrecipientshall maintaincurrentorganizational informationandtheoriginal UniqueEntityIdentiﬁer(UEI) providedforthisagreementintheSystemforAwardManagement(SAM) until receiptof ﬁnalpayment. Thisrequiresannual reviewandupdates, whenneeded, of organizational informationaftertheinitialregistration. Morefrequentreviewandupdatesmayberequiredforchangesinorganizational informationoragreementterm(s). Anychangetotheoriginal UEI providedinthisagreementwill resultinterminationof thisagreementandde-obligationof anyremainingfunds. Forpurposesof thisagreement, SystemforAwardManagement(SAM) meanstheFederal repositoryintowhichanentitymustprovideinformationrequiredfortheconductof businessasaCooperative. AdditionalinformationaboutregistrationproceduresmaybefoundattheSAMInternetsiteatwww.sam.gov.h. DebarmentandSuspension. SubrecipientshallimmediatelyinformGreenLatinosif theyoranyof theirprincipalsarepresentlyexcluded, debarred, orsuspendedfromenteringintocoveredtransactionswiththefederalgovernmentaccordingtothetermsof 2 CFRPart 180.Additionally, shouldSubrecipientoranyof theirprincipalsreceiveatransmittal letterorotherofﬁcial federal noticeofdebarmentorsuspension, thentheyshall notifyGreenLatinoswithoutunduedelay. Thisapplieswhethertheexclusion, debarment, orsuspensionisvoluntaryorinvoluntary. SubrecipientmustcompletetheformAD-1048, CertiﬁcationRegardingDebarment, Suspension,IneligibilityandVoluntaryExclusion, LowerTierCoveredTransactions, attachedheretoasExhibit H.i. RestrictionsonLobbying. If theSubawardamountexceeds$100,000, Subrecipientshall ﬁlethecertiﬁcationrequiredby49 CFRPart 20, “NewRestrictionsonLobbying.” Thesubrecipientshall certifythatitwill notandhasnotused GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 9 80
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 Federallyappropriatedfundstopayanypersonororganizationforinﬂuencingorattemptingtoinﬂuenceanofﬁceroremployeeof anyagency, amemberof Congress,ofﬁceroremployeeof Congress, oranemployeeof amemberof Congressinconnectionwithobtaininganyfederal contract, grantoranyotherawardcoveredby31 USCsection 1352. Subrecipientshall alsodisclosethenameof anyregistrantundertheLobbyingDisclosureActof 1995whohasmadelobbyingcontactsonitsbehalf withnon-federal fundswithrespecttothatFederal contract,grantorawardcoveredby31 USCsection 1352. Suchdisclosuresshall beforwardedtoGreenLatinos.Subrecipientshall ensurethatanysubcontractors/subconsultantsunderthisAgreementshallcertifythesame. GreenLatinosisresponsibleforkeepingthecertiﬁcationof Subrecipient, whoisinturnresponsibleforkeepingthecertiﬁcationformsofsubcontractors/subconsultants(provided, however, thatnothinginthissectionshall beconstruedtopermitSubrecipienttoretainorhiresubcontractors/subconsultantswithoutthewrittenpermissionof GreenLatinos).j. Notiﬁcation. Subrecipientshall notifyGreenLatinoswithin5businessdaysof all developmentsthathaveasigniﬁcantimpactontheactivitiessupportedunderthisaward, includingbutnotlimitedtoﬁnancialdevelopments. Also, notiﬁcationmustbegivenincaseof problems, delaysoradverseconditionsthatmateriallyimpairtheabilitytomeettheobjectivesoftheaward. Thisnotiﬁcationmustincludeastatementof theactiontakenorcontemplated, andanyassistanceneededtoresolvethesituation.k. NoFundingof ResearchandDevelopment. Thisawardisnotforresearchanddevelopmentandthecostofindependentresearchanddevelopment, includingtheirproportionateshareof indirectcosts, areunallowable.l. Membersof Congress. Pursuantto41 USCsection 22, nomemberof, ordelegateto, Congressshall beadmittedtoanyshareorpartof thisaward, orbeneﬁtsthatmayarisetherefrom, eitherdirectlyorindirectly.

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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015

5. FINANCIALMANAGEMENTANDADMINISTRATION.a. Ofﬁceof ManagementandBudget(OMB) Guidance.SubrecipientissubjecttoOMBguidanceinsubparts Athrough Fof 2 CFRPart 200, asadoptedandsupplementedbytheUSDAin2 CFRPart 400andmustfollowregulationsfoundin2 CFR 200.331 through2 CFR200.333. Electroniccopiesof theCFRscanbefoundat: ecfr.gov.b. Useof AwardFunds. Awardfundsandanyinterestearnedonthemshall notbeused:i. Tocarryoutpropaganda, orotherwisetoattempttoinﬂuencelegislation(withinthemeaningofsection 501(c)(3) of theInternal RevenueCodeof 1986,asamended(the“Code”)) orasprohibitedbyOMBCircularA-122, section25regardinglobbying;ii. Toparticipateorinterveneinanypolitical campaignonbehalf of (orinoppositionto) anycandidateforpublicofﬁce(withinthemeaningof section 501(c)(3)of theCode);iii. Tomakeanyawardstoindividualsororganizations(unlesspre-approvedinwritingbyGreenLatinos).iv. Nopartof theAwardfundsshall bepaidtoanyGreenLatinosofﬁcial, andAwardeeacknowledgesthatnogiftsorserviceswereorwill berenderedtoGreenLatinosoranyGreenLatinosofﬁcial inexchangeforthisAward.c. AllowableExpenditures. All expendituresmadewithfundsprovidedunderthissubawardmustbeexclusivelyforallowableprogramexpendituresincurredduringtheperiodof thissubaward.d. Purchaseof Equipment. SubrecipientmaynotusethefundsreceivedunderthisAgreementforanypurchaseofequipment.e. SingleAudit. Inaccordancewith2CFR 200UniformAdministrativeRequirements, CostPrinciplesandAuditRequirements, foundinsection 200.501(a), auditrequirementsforfederal awards, non-federal entitiesthatexpend$750,000ormoreinfederal awardsfromall fundingsourcesduringtheirﬁscal year, mustagreetohaveaSingleAuditconductedinaccordancewithsection 200.514Scope GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 11 82
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 of Audit. Further, section 200.512requiresthattheﬁnalreportforsuchanauditbecompletedwithinninemonthsof theentity’sﬁscal yearend. Asaconditionof thisaward,thesubrecipientwill berequiredtoannuallycertifyif theirorganizationhasbeensubjecttotheSingleAuditrequirementaccordingtotheabovecitations. If required,thesubrecipientwill completeanyrequiredSingleAuditnolaterthanninemonthsaftertheendof theentity’sﬁscalyear, andwill sendtheSingleAuditreporttoGreenLatinoswithin10businessdaysof itscompletion.f. Electionof DeMinimisRate. Fortheadministrationof thissubaward, GreenLatinoshaselectedtousethedeminimisindirectcostrateof 10%of modiﬁedtotal directcosts(MTDC) asallowedunder2CFR§ 200.414(f). [EachSubrecipientwill beallowedtousetheirownfederallyapprovedindirectrate, costallocationplan, orthe10%deminimisrate. ORSubrecipientapprovedindirectrateis[XX]%of directcosts. ORSubrecipienthaschosentowaiverecoveryof indirectcostsrelatedtothisProject.][Subrecipient] herebyelectstowaiverecoveryof indirectcostsforthisproject. _______(Pleaseinitial)

6. REPORTING.a. Financial StatusReporting.i. SubrecipientissubjecttotheOMBguidanceinsubparts Athrough Fof 2 CFRPart 200, asadoptedandsupplementedbytheUSDAin2 CFRPart 400andmustfollowtheregulationsfoundin2 CFR 200.331 through2CFR200.333.ii. All subawards$30,000ormoremustbereportedatfsrs.govincompliancewith2 CFR 170. SeeAttachmentforfull text.iii. All ﬁnancial andprogrammaticrecordsandsupportingdocumentspertinenttothisawardmustbekeptforaperiodof threeyearsfromthedateof submissionof theﬁnal ﬁnancialstatementreportincludingexpendituresfromthisaward, perfederal regulations. Theserecordsmaybesubjecttoanauditbythefederal donoragency, GreenLatinosand/ortheir GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 12 83
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 representatives. All recordsaretobemaintainedfortheadditional durationnecessarytocompleteanauditand/orresolveall questionsconcerningexpenditures, unlessapproval hasbeenprovidedfromGreenLatinostodisposeof records.iv. If anylitigation, claimorauditisstartedbeforetheexpirationof thethree-yearperiod, therecordsshall beretaineduntil litigation, claimsorauditﬁndingsinvolvingtherecordshasbeenresolved.v. Subrecipientisexpectedtotakereasonablecarethatsystemsareinplacetoensurefundsexpendedunderthisawardareusedforthepurposesdescribedinthesubawardandcanbeproperlyaccountedfor.b. ProgramPerformanceReports. Thesubrecipientshallperformall actionsidentiﬁedandfundedinapplication/modiﬁcationnarrativeswithintheperformanceperiodidentiﬁedinawardandsubmitProgrammaticReportingassetforthintheAwardAgreement.

7. INSURANCE.a. Insurance. Subrecipientshall maintainall thefollowinginsurancecoverageduringtheperiodof thissubaward:i. General LiabilityandPropertyDamage. Withrespecttoall operationsperformedunderthisAgreement,Subrecipientshall carrygeneral liabilityinsurancehavingall majordivisionsof coverageincluding, butnotlimitedto: Premises- Operations, ProductsandCompletedOperations, Personal InjuryLiability,Contractual Liability. Thepolicyshall beonanoccurrenceformandlimitsshall notbelessthan:$1,000,000EachOccurrence, $2,000,000GeneralAggregate, $1,000,000Products/CompletedOperationsAggregate, and$1,000,000Personal andAdvertisingInjury.

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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 ii. AutomotiveLiability. ThePartyshall carryautomotiveliabilityinsurancecoveringall motorvehicles,includinghiredandnon-ownedcoverage, usedinconnectionwiththeAgreement. Limitsof coverageshall notbelessthan$500,000combinedsinglelimit.If performanceof thisAgreementinvolvesconstruction, orthetransportof personsorhazardousmaterials, limitsof coverageshall notbelessthan$1,000,000combinedsinglelimit. If thePartydoesnotownoroperatemotorvehicles, theymustapplyforanAutomotiveLiabilityWaiverthroughGreenLatinos. ShouldthePartyobtainorbeginoperatingavehicletheymustobtainliabilityinsurancemeetingtherequirementsabove.iii. WorkersCompensation. Withrespecttoall operationsperformed, thePartyshall carryworkers’compensationinsuranceinaccordancewiththelawsof thestateinwhichtheSubrecipientisperformingworkunderthissubaward. SubrecipientmustprovidewrittenProof of InsurancetoGreenLatinoswithin30 daysof theeffectivedateof thisAgreementandannuallyasrequested. If Subrecipientisself-insured, theSubrecipientmustprovidewrittendocumentationverifyingself-insuredstatus. Properdocumentationwill overridestatedinsurancerequirements.

8. INDEMNIFICATION. Subrecipientshall defendandholdGreenLatinos, itsemployees, ofﬁcers, directors, agentsandrepresentativesharmlessfromanyandall costs, losses, damages,liabilities, expenses, demands, andjudgments, includingcourtcostsandattorney’sfees, whichtheymaysufferarisingfromanyactoromissionorneglectof Subrecipient, itsemployees, ofﬁcers,directors, agentsorrepresentatives, oranyoneelseforwhoseactsSubrecipientmayberesponsible, intheperformanceofSubrecipient’sobligationsunderthisAgreement. Thisprovisionshall survivetheexpirationorterminationof thisAgreementforanyornoreason.

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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015

9. COMMUNICATIONSANDUSEOFINTELLECTUALPROPERTY.a. Useof GreenLatinosandForestServiceInsignias. Grantormustsubmitandreceiveapproval inwritingfromanindividual authorizedbytheGreenLatinosandForestServicetoconsentontheirbehalf onall requeststousetheForestServiceandGreenLatinosinsigniasonanypublishedmedia, suchasawebpage, printedpublication, oraudiovisual production.b. GreenLatinosandForestServiceAcknowledgedinPublications, Audiovisuals, andElectronicMedia.Subrecipientshall acknowledgeGreenLatinosandForestServicesupportinanypublications, audiovisuals, andelectronicmediadevelopedasaresultof thisaward,followingdirectioninUSDASupplemental 2CFR 415.2.Publicannouncementsof theAwardmaybemadebytheSubrecipient, GreenLatinos, andtheForestService. Anyrelatedpressrelease, mediaalert, websiteposting, orotherpublicationabouttheProgramortheAwardmadebySubrecipientmustacknowledgetheForestServiceandGreenLatinossupport. All publicannouncementsmustbesubmittedtoGreenLatinosforapproval atleasttwoweekspriortopublication.c. Useof SubrecipientInsignia. SubrecipientherebyauthorizesGreenLatinostoincludeitsinsigniainmutuallyagreed-uponadvertisingcopy, solelyinconnectionwiththisAgreement, subjecttopriorreviewandapproval of suchusebySubrecipientwhichshall notbeunreasonablywithheld.d. CopyrightandOwnership. Noreports, maps, orotherdocumentsproducedinwholeorinpartunderthisAgreementshall bethesubjectof anapplicationforcopyrightbyoronbehalf of Subrecipient. Ownershipof all designs, reports, drawings, studies, estimates,models, computations, andotherrelateditems(“WorkProduct”) preparedunderthisAgreementshall vestinGreenLatinosuponpaymenttotheSubrecipientforall ServicesandDeliverablesrenderedhereinthroughthedateof theexpirationorterminationof thisAgreement. Subrecipienthereby GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 15 86
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 assignstoGreenLatinosall right, titleandinterestinanyWorkProduct.

10. TERMINATION.a. ByGreenLatinos. Thissubawardmaybeterminated, inwholeorinpartpursuantto2 CFR200.340. GreenLatinosmay, bygivingwrittennoticetoSubrecipient, terminatethisAgreementwithoutpenaltyinwholeorinpartforcause,whichshall include, withoutlimitation: (i) failureforanyreasonof Subrecipienttofulﬁll timelyandproperlyanyofitsobligationsunderthisAgreement, includingfailuretocomplywithanyprovisionof thisAgreement;(ii) Subrecipient’sdefault, breachoranyinterveningcasualtywhichposesanimmediatethreattolife, healthorsafety; (iii) Subrecipient’sbreachof itsrepresentations,warrantiesandcertiﬁcationscontainedinthisAgreement;(iv) thesuspensionordebarmentordeterminationthatSubrecipientoranyof itsprincipalsareineligibletoparticipateinfederal assistanceawardsorcontracts;(v) Subrecipient’sfailuretomaintaintheinsurancecoverageintheformand/oramountsrequiredbyGreenLatinospursuanttothisAgreement; (vi) thesubmissionbySubrecipienttotheForestServiceorGreenLatinosofreportsthatareincorrectorincompleteinanymaterialrespect; (vii) ineffectiveorimproperusebySubrecipientoffundsreceivedunderthisAgreement; (viii) suspension,termination, inwholeorinpartof, orabsenceorreductionof appropriationsfor, grantsorreimbursementstoGreenLatinos; (ix) thenecessityforterminationand/oramendmentof thisAgreementsoastomakeanytermsofthisAgreementconsistentwithfederal, stateorlocal laws;(x) fraudulentactivitiesonthepartof Subrecipient; and(xi) theﬁlingof bankruptcy, receivershipordissolutionbyorwithrespecttoSubrecipient. GreenLatinosmayalsoterminatethisAgreementinwholeorinpartwithoutcauseupon30days’ writtennoticetoSubrecipient.b. BySubrecipient. If Subrecipientisunableorunwillingtocomplywithanyadditional conditionsorrequirementswhichmayariseasaresultof changesinoradditionstoanyfederal, stateorlocal lawsafterthecommencementof the GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 16 87
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 AgreementTerm, includingwithoutlimitationthoseappliedbytheForestServiceintheirgrantsandreimbursementstoGreenLatinos, andwhichtherebybecomeapplicabletoSubrecipientduringtheAgreementTerm, Subrecipientshall terminatethisAgreementbygivingwrittennoticetoGreenLatinos. Theeffectivedateofsuchnoticeof terminationshall benoearlierthan30 daysfromthedateof thenotice.c. LiabilityforDefault. WhetherornotthisAgreementisterminated, Subrecipientshall beliabletoGreenLatinosforanydirectdamagessustainedbyGreenLatinosbyvirtueofanybreachof thisAgreementbySubrecipientandGreenLatinosshall beliabletoSubrecipientforanydirectdamagessustainedbySubrecipientbyvirtueof anybreachof thisAgreementbyGreenLatinos. Thisshall include,withoutlimitation, liabilityof SubrecipientforthedisallowancebytheForestServiceof thereimbursementofchargessubmittedbyGreenLatinosforservicesprovidedbySubrecipientunderthisAgreementwherethedisallowanceisinanywayattributabletoSubrecipient, includingtheprovisionormaintenancebySubrecipientof inadequateorerroneousrecordsorbillingdocumentationof servicesprovided. If anysuchreimbursementof chargesisdisallowedasaresultof anauditbytheForestServiceofSubrecipientorGreenLatinos, theamountdisallowedmustbepaidbySubrecipienttoGreenLatinosfromfundsotherthanthoseprovidedbyGreenLatinosunderthisAgreement. Undernocircumstanceswill GreenLatinosbeliabletoSubrecipientforanyindirectdamages.

11. GENERALPROVISIONS.a. GoverningLaw. ThisAgreementshall begovernedbythelawsof theDistrictof Columbiawithoutgivingeffecttotheconﬂictsof lawsprovisionsthereof.b. Integration. ThisAgreementsupersedesall oralagreements, negotiationsandrepresentationsbetweenthepartiespertainingtothesubjectmatterof thisAgreement.c. Severability. Intheeventthatanyportionof thisAgreementisheldtobeunenforceable, suchportionsshall notlimitor GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 17 88
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 otherwisemodifyoraffectanyotherportionof thisAgreement.d. Waiverof Breach. Thewaiverbyeitherpartyof anybreachof anyprovisionof thisAgreementshall notbedeemedawaiverof anysubsequentbreachbytheotherpartyof thesameorof differentprovisions.e. BindingEffect; Assignment. ExceptasotherwiseprovidedinthisAgreement, everycovenant, term, andprovisionofthisAgreementshall bebindinguponandinuretothebeneﬁtof thepartiesandtheirrespectiveandpermittedsuccessors, transfereesandassigns. Subrecipientshall notassign, subcontractortransferanyof itsrights,responsibilitiesorobligationsunderthisAgreementwithoutGreenLatinos’spriorwrittenconsent, whichGreenLatinosmaywithholdinitssolediscretion. Anyattemptedassignment, subcontract, ortransferof thisAgreementinviolationof thisSectionshall bevoid. ShouldSubrecipientassign, subcontractortransferanyof itsrights,responsibilitiesorobligationshereunderwithsuchconsentfromGreenLatinos, SubrecipientandthepartytowhichitproposestoassignorsubcontractitsresponsibilitiesorserviceshereundermustenterintoawrittenagreementthatisconsistentwiththisAgreementandthevariousrequirementsspeciﬁedhereunderandthatisapprovedbyGreenLatinospriortoitsexecution.f. Notices. NoticesgivenbyGreenLatinosorSubrecipientwillbesufﬁcientonlyif inwritingandmailedortransmittedelectronicallybye-mail orthroughthereportingsystemdirectly, tothepointsof contactandaddressesspeciﬁedinExhibit A: Scopeof Services. Noticeswill beeffectivewhendelivered, orontheeffectivedateof thenotice,whicheverislater.g. Modiﬁcations. Subrecipientmayrequestscopeof workorbudgetmodiﬁcationsinalignmentwiththeiroriginal scopeof work, anychangeswill bemadebymutual consentandrequestedaccordingtoNoticesabove. Modiﬁcationsmustbeapprovedpriortothedatewhenthesemodiﬁcationswillbeimplemented. GreenLatinosreservestherighttodenymodiﬁcations, whichcompromisetheoriginal scopeofworkorwerenotapprovedpriortocommencement.

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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 GreenLatinosalsoreservestherighttodenypaymentformodiﬁcationsthatwerenotpreviouslyapproved.h. Subawardee. Subrecipientwill actasasubawardeeintheperformanceof theServicesunderthisAgreement.Accordingly, Subrecipientshall beresponsibleforthetermsdescribedin2CFR200.i. Disputes. Intheeventof anyissueof controversyunderthisAgreement, thePartiesmaypursueAlternateDisputeResolution(ADR) procedurestovoluntarilyresolvethoseissuesprovidedthatGreenLatinosshall havetherightto, andbepermittedto, seekandobtaininjunctiverelief fromacourtof competentjurisdiction. If GreenLatinosandSubrecipientagreetoarbitrateanycontroversyorclaimarisingoutof thisAgreement; anysucharbitrationshall befullyandﬁnallyresolvedinbindingarbitrationinaproceedingbroughtinaccordancewiththeCommercial ArbitrationRulesoftheAmericanArbitrationAssociationbeforeasinglearbitrator. Thearbitrationproceedingsshall beconﬁdential. Thearbitratorshall nothavetheauthoritytomodifyorchangeanyof thetermsofthisAgreement. Thearbitrator’sawardshall beﬁnalandbindinguponGreenLatinosandSubrecipient,andjudgmentupontheawardmaybeenteredinanycourtof competentjurisdictioninanystateoftheUnitedStatesorcountryorapplicationmaybemadetosuchcourtforajudicial acceptanceof theawardandanenforcementasthelawof suchjurisdictionmayrequireorallow. Thearbitratormayrequirethelosingpartythereto, asdeterminedbythearbitrator, tobearthecostsandfeesincurredinanysucharbitration.

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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 ThisSubawardAgreementshall becomeeffectiveuponthesignaturesofauthorizedrepresentativesof bothParties. Anelectroniccopyshall bedeemedanoriginal signature.

Signature DateMarkMagaña, ExecutiveDirectorGreenLatinos Signature DateDaneWhite, MayorCityof Escondido
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015

APPENDIX
ExhibitA: Scopeof ServicesExhibitB: ProgramBudgetExhibitC: Additional TermsandConditionsExhibitD: Noticeof PrimeAwardExhibitE: SubawardDataExhibitF: WhistleblowerNoticeExhibitG: 2CFRPart170ExhibitH: CertiﬁcationRegardingDebarment, Suspension, IneligibilityandVoluntaryExclusionLowerTierCoveredTransactions GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 21 92
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 EXHIBITASCOPEOFWork
GreenLatinosUSDAIRAUrban&CommunityForestryProgramAttachment A: Scopeof Workfor Cityof EscondidoUrbanForestryMaster Plan I. Project Participants&PrimaryPointsof Contacta. CommunityLead: Cityof Escondidob. MailingAddress: 201 NorthBroadway, CA92025c. Project Director (Award/OrganizationPoint of Contact): OscarRomero, Principal Planner, 760-839-4801, [email protected]. ProgramManager: PricilaRoldan, AssociatePlanner, 760-839-4546,[email protected]. FinancePoint of Contact: NadaGhafri, AccountantI, 760-839-4335,[email protected]. CrossDepartmental Participants: WayneThames, PublicWorksManager; JacobGibbs, PublicWorksSupervisorg. External Partners:

II. Project Backgrounda. Project Title: Cityof EscondidoUrbanForestryManagement Planb. Project Description: The City of Escondido will create acomprehensiveandinclusiveUrbanForestry Master Plan(UFMP), andactively engage disadvantaged communities in the development ofthisPlan. TheUFMPwill targetcommunityoutreachandengagementefforts, along with speciﬁc UFMP programming within the City’sDisadvantaged Communities, as deﬁned by CEJST. The UFMP willserveas aguidancedocument for City staff andleadershiptoachievetheUrbanForestry goals set out intheCity’s ClimateActionPlanandplant one tree per resident (current population 151,038), increase 15percent tree coverage in commercial and industrial areas, and 25percent coverage in residential areas, and 35 percent coverage in“Priority Investment Neighborhoods.” The City will alsoapply fundingtowards two years of early tree care and maintenance for Arbor Daytreeplantingsindisadvantagedcommunitiesin2025and2026.

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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 c. Total Funding: $665,500d. Periodof Performance: [ ] TO12/2026e. PriorityCensusTractsServed: Thecitywill focusitseffortscitywidebut will prioritizethefollowingcensustracts: Pleaserefertotheattachedcensustractlist.

III. Project Scope: Deliverables, Timeline, ReportingandPayment ScheduleProjectreports, duedates, andreimbursementsarescheduledbelow.

Scheduleof QuarterlyFinancial Reimbursement ReportsQuarterly ﬁnancial reimbursementreportswill be dueasfollows:

PerformancePeriod DueDatetoGreenLatinos
Q1: 1/1 –3/31 4/10
Q2: 4/1 –6/30 7/10
Q3: 7/1 –9/30 10/10
Q4: 10/1 –12/31 1/10
Semi-Annual programreportswill bedueasfollows:

PerformancePeriod DueDatetoGreenLatinos
Semi-Annual Report1: 5/1 –10/31 11/10
Semi-Annual Report2: 11/1 –4/30 5/10
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CityofEscondido
ProjectAmount:$665,500
ProjectCompletionDate:11/30/2027
ProjectNumber:00000015
IV. Signatures
This Scope of Work shall become effective upon the signatures of authorized representatives of both Parties. A facsimile transmission or electronic copy shall be deemed an original signature.

Signature Date
Mark Magaña, Executive Director
GreenLatinos
Signature Date
Dane White, Mayor
City of Escondido
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 24
95 Item8.

EscondidoUrbanForestryManagementPlan

1. Project ScopeAlignment:

TheCityof Escondido’surbanforestisdeﬁcient, anditsresidentssufferfromtheresults: insufﬁcient canopycoverage, lackof accesstogreenspace, andextremeurbanheat islands. TheCity’s central corridor ranks inthebottom11 th
percentilein the state of California for tree canopy, as determined by the CaliforniaDepartment of Public Healthanalysis of theNational LandCoverDatabase. TheTrust for Public Land’s 2019ParkServe analysis found thatEscondido had the smallestpercentage of population within a10- minute walk to a park, whencompared to other San DiegoCounty jurisdictions. Additionally,the census tracts in this projectarea show signiﬁcantly higherimpact of urbanheat islandeffects,with some tracts showinguptoan8.1-degree Fahrenheit highertemperaturethanless- urbanareasin the City (Figure 1). TheseurbanizedcensustractsarealsothemostdisadvantagedinEscondido, showingthe additional environmental burden placed on the City’s more vulnerablecommunities.

This project, inaccordancewithEscondido’sClimateActionPlan(CAP) MeasureC-9.2, will address those issues through the development of a Citywide UrbanForestry Management Program(UFMP) that seeks toimprovetheCity’s urbanforest in known Disadvantaged Communities. The UFMP will consist of aCitywide Urban Forestry Inventory, Forest Growth Plan, andMaintenancePlanfor all trees and tree plots within the City. However, the UFMP will targetcommunity outreach and engagement efforts, along with speciﬁc UFMPprogramming, withintheCity’s DisadvantagedCommunities, asdeﬁnedbytheClimateandEconomic JusticeScreeningTool. This will ensurethat theareasofEscondido with the greatest need receive priority investment in the City’sefforts to improve its urban forest, canopy cover, and carbon sequestration, insupport of the Justice40 Initiative, as well as ensure alignment with the City’sadopted Climate Action Plan that prioritizes disadvantagedneighborhoods forinvestment.In the ﬁrst step, the Urban Forestry Inventory will updatetheCity’s trackingof 96 Item8.
all trees to establish a baseline of the current urban forest and all vacant treeplots within theCity. This datawill beusedwithsatellitecanopy datatocreateGeographic InformationSystems deliverables toshowthelocationof everytreeand available/potential planting location, along with individual attribute data,including tree type, maturity, size/canopy coverage, etc., as well as existingirrigationinfrastructure, areas lackingirrigationinfrastructure, andtotal canopycoverage of the project area. Using this existing conditions data, the UFMPwould make recommendations for next steps, including an implementationguide(growthplan) identifyingbest practices for achievingcitywidegoals, andshowing where to plant new trees and the best ﬁt types of trees given thelocation as well as early tree care. Long-termmaintenance recommendationswould also come fromthe existing conditions assessment for all trees in theproject area to ensure creation of arobust andmatureurbanforest withlargecanopies for resilienceagainstextremeheat. TheUFMPwill serveasaguidancedocument for City staff andleadershiptoachievetheUrbanForestry goals setout intheCity’s ClimateActionPlan. CAPmeasureC-9.2setsagoal toadoptanUrban Forestry Programwith the goal of having one tree per resident in theyear 2088(current population: 151,038). TheCAPsets further goals of 15percenttree coverage in commercial and industrial areas, 25 percent coverage inresidential areas, and 35 percent coverage in “Priority InvestmentNeighborhoods,” which are closely related to the DAC tracts comprising thisprojectareaasidentiﬁedintheCEJST.

As established in the National Urban and Community Forestry AdvisoryCouncil’s Ten-Year Urban and Community Forestry Action Plan, urban forestsboast a broadrangeof environmental beneﬁts, includingbetter air quality andstormwater management, reduced energy use, reduced urban heat islandeffect, and improved air quality. Furthermore, social beneﬁts includeimprovedwellness, faster healing, reduced mental and physical stress, and betterperformance in school. Additional economic beneﬁts include increasedproperty values and signiﬁcant savings in air and water quality infrastructure.This project is alsoinlinewithCalifornia’s WildﬁreandForest ResilienceActionplangoal toprotect andexpandurbanforests. Cityleadershipbelievesstronglyin the importance of prioritizing investments in the disadvantagedcommunities toraisequality of lifeinthecommunityasawhole. TheUFMPwillinclude signiﬁcant and innovative outreach and engagement in Escondido’sdisadvantaged communities to ensure that the investments made are drivenby thosewholive, work, andplay intheareas tobeimproved. Additionally, thisoutreach would educate the community about Escondido’s freetreeprogram,which provides free trees for planting on public rights of way with resident 97 Item8.
commitment for early treecare. Withbroadenedcommunityengagement, theCity of Escondido will increase equitable access to urban tree canopythroughout the City’s disadvantaged communities to improve resilience toclimatechangeandextremeheatevents.

While the creation of the overall UFMP and the overarching outreach andengagement efforts that encompass it are anticipated to take roughly 24months, the reduction in the grant awardtimeframerequires theCity topivotthe application of funds over the shortened duration. Initially, the Cityanticipated roughly $300,000 allocated to subsequent tree care andmaintenance as a result of identiﬁed sites for tree planting fromthe UFMP.Withthechangeinduration, theCitynowseekstorunconcurrenttreecareandmaintenancefor anannual treeplantingevent theCity undertakes. Everyyear,theCity plants 100-125 newtrees inDisadvantagedCommunitiesforArborDay.This effort is successful whentheCity is abletoassureearly treecarefor thoseplantings, as there are large gaps within the City wherenoirrigationexists forplanted parkways. The City anticipates $200,000 of the funding going towardtwo years of early tree careandmaintenancefor the2025 and2026Arbor Dayplantings.

2. ImplementationStrategy/Methodology/Timeline:TheCity plans tocontract withanexternal organizationforthedevelopmentofthe UrbanForestry Management Program(UFMP). Theseconsultants will havethetechnical expertisetocompletethetreeinventory, identiﬁcationof plantinglocations, canopy inventory, and recommended maintenance plan (whichincludes recommendations and updates to the City’s existing ordinances andpractices surroundingurbanforestry). Aspartof theawardtimelinechange, theCity anticipates allocating a portion of the grant funding toward the cost toupdate the City’s Approved Street Tree List; atree-speciﬁc updatetotheCity’sCentre City Parkway Landscape Master Plan; alignment update to the City’sstreet-tree ordinance; and an update to the City’s Landscaping Ordinance forconsistency withtheUFMP. TheUFMPﬁndingswill includetheidentiﬁedwholeor portions of such documents that would require updates to align with theUFMP and identify what and howsuch documents would needtochangeforconsistencypurposes.There is also a change in cost proposed for the overall inventories and UFMP.This is basedonacitywideeffort toproduceaUFMPprogramwherepreviouslythe proposal covered only the identiﬁed communities in the original 98 Item8.
application. While the inventories and UFMP will not address the geographicarea at the Citywide level, the programs and projects for implementation willprioritizeandfocusontheidentiﬁedDisadvantagedCommunities.Oncetheguidingdocument is completedandﬁnalized, theCity’sPublicWorksTeam will take over on implementation, planting trees with the help ofvolunteers and local groups. Early tree care will be contracted out, followingatwo-year planforestablishmentof native, drought-toleranttrees. Theestimatedtimelineisasfollows:● Months 1-5: Immediately upon grant execution, City staff will begindevelopment of the Request for Proposals (RFP) to solicit consultants. Staffestimate 5-weeks for writing the RFP; 6-weeks for solicitation of the RFP;4-weeks for review and selection; and 5-weeks for contract execution. Thisrequested timeline takes into consideration the time of year this task isexpected to span, which is the end of year holiday season. Typically,November/December can be a challenging time to coordinate adequatestaff/elected ofﬁcials for meetings, both internal and public, due to theholidaysandscheduledtime-off.● Months 5-29: Once a consultant is selected, staff estimate that it will takeapproximately 24 months to conduct community outreach andengagement, tree and canopy inventory/existing conditions, development,draftingof, anddeliveryof ordinanceandregulatorydocumentupdates, andcompletionof theﬁnal UFMPDocument.● Months 30-36: The ﬁnal draft of the UFMP Document will be reviewed andapproved by City leadership, the Escondido Planning Commission, and theEscondido City Council. This timeframe anticipates potential revision timedue to decision maker discretion, as well as all requiredpublic noticingandleadtimesrelatedtosuchmeetings.● Months 8-32: Conduct early treecaretoensurethehealthyestablishmentofthe trees for those Arbor Day plantings that occur beginningApril of Year 1andYear2of theawardtimeframe.The consultant and UFMP development will be overseen by City staff in thePlanning Division to ensure it remains on schedule. Once adopted by theEscondido City Council, the UFMP will become a guiding document for theCity’s tree planting and forest management, in accordance with the urbanforestry goals set forthinEscondido’s ClimateActionPlan, asshowninFigure2below.City staff recognize that the City is behind onmeetingtheinitial performancemetrics by thelistedtarget year. Sincetheadoptionof theCAP, theEscondidoPlanning Division has hired staff to ﬁll all CAP-related positions and built 99 Item8.
capacity topursueUrbanForestry funding, allowingittogetbackontrackwithadetailedguidetoplantingandmaintaining1,347newtrees inpublicareasby2035. City staff estimatethat they will beabletoplantatleast100treesperyearwithvolunteer support fromlocal nonproﬁts suchasUrbanCorpsof SanDiego,The Sierra Club, TheEscondidoCreekConservancy, andtheHealthy EscondidoCoalitionatVistaCommunityClinic.

3. CapabilityandCapacity:The project will be managed by Escondido Principal Planner Oscar Romero.Oscar holds a Master of Urban & Regional Planning degree fromUniversity ofCalifornia, Irvine, and has nine years of experience in Urban Planning. The 100
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project will be supervised by City Planner Veronica Morones. Veronica holds aMaster of Urban and Regional Planning degree fromUniversity of California,Irvine, andhas eight years of experienceinmunicipal andlong-rangeplanning.Veronicahas experienceinproject management withtheCity of Escondido, aswell as nearly threeyears of experienceas aconsultant, bringinganimportantperspective of project management from the internal consulting side.Geographic Information Systems (GIS) integration will be managed byGeographic Information Systems Manager Abe Coughlin, whoholds aMastersin Geographic Information Systems fromUniversity of NewEngland (AU) andan MBA fromQuantic School of Business and Technology. Abe has 18years ofexperience in GIS and dataanalysis. Theexternal organizationtocompletetheUFMP will be chosen according to the procurement standards outlinedintheCity’s OrdinanceNo. 2020-17andCAGovernmentCodesection54202. CityStaffwill select a responsible consultant with the lowest responsive quote orproposal, or whose quote or proposal provides the best value to theCity. Staffexpect tocontract withanexperiencedurbanforestrycompanywiththeabilitytocarry out theproposedworkwithinthegrantperiodandwithinfederal grantrequirements.

4. CommunicationsPlan:The City of Escondido continues to receive considerable community feedbackexpressing a desire for a comprehensive urban forestry development andmanagement plan. As such, theCity is highly motivatedtocommunicateboththe source of funding for a UFMP and ongoingprogress ontheproject. Whilethe decentralized nature of the plan development and broad deployment oftrees in vacant plots throughout the project area likely make project-speciﬁcsignageimpractical, theCity will promoteinformationaboutprogramactivitiesthrough its website and social media channels. For press and promotionalmaterials, the City will widely publicize any Urban Forestry partnership withUSDAusingany number of modalities, includingtheCitywebsite, Social media,Public meetings, Newsletters, Email, and the City Manager’s Weekly ActivityReport, which is distributedtoabout 50mediacontacts and900City staff andresidents. The Escondido Communications Department will create aproject-speciﬁc communications planwithinput fromGreenLatinos andUSDAstaff.

Stretching across the creation of the existing conditions (inventory),implementation guidance (growth plan), and long-term maintenance(maintenanceplan) wouldbecommunity outreachandengagementtoensurethose community members historically marginalized by existingsystems have 101
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ampleopportunity tolearn, contributeto, andultimately helpshapetheurbanforest in their community. Similar outreach and engagement methods andplanning conducted for the City’s Environmental Justice element would bemodeled. This example plan can be found at the following link for reference:(https://www.escondido.gov/DocumentCenter/View/717/Community-Outreach-Plan-English-PDF). This includes a multi-phased approach that seeks to ﬁrstidentify stakeholders, especially those that serve or maintain access tomarginalized communities, so that the City’s team can identify how best toreachthesecommunities. Thesecondphasewouldentail meetingresidentsindisadvantaged communities and beginning the educational component ofwhat theUFMPisandwhyitimpactsthemandtheirneighborhoods. Examplesof past methods includeafocusonmeetingpeoplewheretheyare, ratherthanexpectingcommunity members toattendCity meetings. This may includebutis not limited to: pop-up events at events within the City; engaging classes atthe public schools; and providing supplemental discussions at existingcommunity group meetings. It wouldalsoincludeaminimumbi-lingual effortfor translationof outreachandengagement materials, as well as theﬁnal plan.Finally, the City teamwould take in all of the outreach data and communityfeedback and integrate it into the plans and their ﬁnal documents, with theﬁnal phase of outreach for this UFMP’s creation entailing distribution andeducationontheﬁnal plan.

5. Evidence of Disadvantaged Community Status for projects requestingMatchWaiver:The Project will target community outreach and engagement efforts, alongwith speciﬁc UFMP programming, within the City’s DisadvantagedCommunities, as deﬁnedby theClimateandEconomic JusticeScreeningTool,as shown in Figure 3 below. These census tracts, which cover over 6.9 squaremiles and correlate closely with the City of Escondido’s urban center and twomain corridors, include CA tracts 201.08, 202.02, 202.06, 202.07, 202.09, 202.10,202.11, 202.13, 202.14, 203.08, 203.09, 205, 206.01, 207.07. All of these tracts, withthe exception of 203.09, have low-income metrics above the 65 th
percentile,with nine tracts above the 80
th
percentile and one (202.14) as high as the 95
th
percentile. Tract 202.14 is also identiﬁed as disadvantaged through the CEJSTcriteria for Climate Change, Housing, Transportation, Water and Wastewater,and Workforce Development. Tract 203.09 meets the CEJST disadvantagedworkforce development threshold through a linguistic isolation rating of 90 th
percentileandhighschool educationlessthandiplomaof 14
th
percentile.ThisUrbanForestryplanwill directtheCity’sdevelopmentstothosetractsidentiﬁedintheCEJST, whicharelargelycongruouswithotherDACindicators,includingtheCity’sOpportunityZone(tract202.14), qualifyingtracts 102
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preliminarilyidentiﬁedfortheforthcomingEscondidoEnvironmental JusticeElement, areasrankingover90 th
percentileintheEPAEJScreen, andareaslistedasPriorityInvestmentNeighborhoodstheCityof Escondido’sClimateActionPlan. TheClimateActionPlansetsagoal toprioritizetheseneighborhoodsforearlyimplementationof focusedmeasurestosupportsocialequityandenvironmentaljustice. 103
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City of Escondido
Approved Tree List
4/13/2017

Small to medium (20-40ft) trees that are recommended for planting along parkways, in medians or near hardscape:

Scientific Name Common Name Scientific Name Common Name Acacia baileyana Bailey acacia Laurus nobilis Sweet Bay Agonis flexuosa Peppermint tree Magnolia grandi. Magnolia 'Little gem' Bauhinia blake. Hong Kong orchid Metrosideros exc. New Zealand Christmas tree
Callistemon sp. Bottle brush Pittosporum philly. Willow Pittosporum Calodendrum cap. Cape chestnut Pyrus calleryana Bradford pear Cercis spp. Redbud Rhus lancea African Sumac
Eriobotrya deflex. Bronze loquat Tabebuia sp. Trumpet tree Giejera parvif. Australian willow Trachycarpus fort. Windmill palm Lagerstroemia ind. Crape Myrtle Umbellularia cal. California Laurel

Medium to large (40-60+ft) trees that can be planted along parkways, in medians or near hardscape:
10 ft minimum planting area recommended.

Scientific Name Common Name Scientific Name Common Name Brachychiton pop. Bottle tree Koelreuteria pan. Golden rain tree Chorisia sp. Floss silk tree Pinus canariensis Canary island pine Ginko biloba Maidenhair tree Pistachia atlantica Mount Atlas pistach

Medium to large (40-60+ft) trees that would only be acceptable planted in a large open space:
30 ft. minimum planting area recommended.

Scientific Name Common Name Scientific Name Common Name Albizia julibrissin Mimosa Liquidambar Rotundiloda
Ceratonia siliqua Carob Lophostemon conf. Brisbane box
Cinnamom. cam. Camphor Magnolia grandiflora Magnolia
Cupaniopsis ana. Carrotwood Podocarpus gracil. Fern pine Cedrus sp. Cedar Quercus sp. Oaks
Erythrina sp. Coral tree Sophora japonica Japanese pagoda tree Fraxinus sp. Ash Tipuana tipu Tipuana
Jacaranda mimo. Jacaranda Ulmus sp. Elm

Note: Bold Test indicates tree's that are deciduous (lose their leaves in the Fall and Winter)

Note: Underlined Trees indicate Semi-deciduous

Note: Before planting any tree, a thorough evaluation of the tree species, the planting site and the watering requirements should be made.

Any trees not on this list can be considered for street side planting pending approval by the City of Escondido Planning Department.

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[Insert City and State] Census Tracts & Block Groups Served with IRA UCF Funding Census Tract(s) and/or Census Block GroupsIdentified as DAC in CEJST?Identified as DAC in EPA IRA tool? Identified In EJ Screen (only described if not identified in CEJST)? 06073020108 YES
06073020202 YES
06073020206 YES
06073020207 YES
06073020209 YES
06073020210 YES
06073020211 YES
06073020213 YES
06073020214 YES
06073020308 YES
06073020309
YES Only the portion within Escondido City boundaries
06073020500 YES
06073020601 YES
06073020707
YES Only the portion within Escondido City boundaries
105
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015

EXHIBITBPROGRAMBUDGET
GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 26 106
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Unique Entity Identifier: CH9XY8AX7BD8 Organization Name: City of Escondido, CA On this summary worksheet, please fill in ONLY your unique entity identifier, and your organization name, then, proceed to worksheets A. through F. 2 CFR 200: Link Here
Year 1 (9/1/2024-
8/31/2025)
Year 2 (9/1/2025-
8/31/2026)
Year 3 (9/1/2026-
12/31/2026)
Category Federal Federal Federal
A. Personnel $18,413 $27,827 $3,562
B. Fringe $4,509 $6,815 $872
C. Travel $0 $0 $0
E. Supplies $0 $0 $0
F. Contractual $214,500 $328,500 $0
H. Other Direct Costs $0 $0 $0
Total Direct Charges $237,423 $363,142 $4,435
Total Indirect Charges $23,742 $36,314 $443
Total Project Costs $261,165 $399,457 $4,878
$60,500
$665,500
Urban & Community Forestry Program Budget Summary
Urban & Community Forestry Program
Operations: Urban & Community Forestry Program Budget Summary USDA Grant Period of Performance: 2024 - 2027
Please also reference GreenLatinos' USDA Urban & Community Forestry Grant Budget Guidance.

Subtotal
Federal
$49,803
$12,197
$0
$0
$543,000
$0
$605,000
107
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Salary Effort Total Salary Effort Total Salary Effort Total Principal Planner Project Management Oscar Romero $130,000 7.54% $9,808 $130,000 10.65% $13,847 $130,000 1.93% $2,514 Associate Planner Oversee Ordinance Updates Pricila Roldan $92,933 6.38% $5,928 $92,933 9.82% $9,122 $92,933 1.13% $1,048 Park Maintenance Supervisor Manage Tree Care Activities TBD $95,143 2.81% $2,677 $95,143 5.11% $4,859 $95,143 0.00% $0 $18,413 $27,827 $3,562 All Years: $49,803
Cost of Living Adjustment
Justification Escondido does not have a standard COLA
Federal Request Year 1 Total: Year 2 Total: Year 3 Total:

A. Personnel
Please use this worksheet to articulate staff effort and related costs, to be charged to GreenLatinos' USDA Urban & Community Forestry grant award to your municipality or organization. Only include salaried staff and their respective efforts; contract positions are to be detailed in worksheet E. Contractual, and organizational expenses on employee benefits are to be detailed in worksheet B. Fringe.

Please also include a percentage used to calculate annual cost of living adjustments for salaried staff. If the cost of living adjustment included is higher than the U.S. long term average of 3.28%, please include a justification below. ONLY fill light green cells, the rest will autopopulate.

Position Role Name Year 1 Year 2 Year 3 Subtotal
$26,169
$16,098
$7,536
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Position Name Year 1 Year 2 Year 3 Subtotal
Principal Planner Oscar Romero $2,402 $3,391 $616 $6,408.79 Associate Planner Pricila Roldan $1,452 $2,234 $257 $3,942.41 Park Maintenance Supervisor TBD $656 $1,190 $0.00 $1,845.63 $4,509 $6,815 $872 $12,197
Fringe Category Rate
FICA/Medicare 1.45%
State unemployment 0.10%
Retirement contribution 11.00%
Health insurance 9.10%
Workers compensation 2.84%
Total 24.49%
B. Fringe
Please use this worksheet to articulate your municipality or organization's fringe rate. Only include percentages of salary for designated benefits. You are welcome to add or delete benefit categories as needed (e.g. FICA/Medicare, State Unemployment, Retirement Contirbution, Health Insurance, Worker's Compensation, etc.), but do make sure the total rate is representative of the sum of all categories when complete. ONLY fill light green cells, the rest will autopopulate.

Federal Request
109
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IRS Guidance:

Link Here
GSA Guidance:

Link Here
Item Justification & Basis Year 1 Year 2 Year 3 Subtotal $0.00
Federal Request $0.00 $0.00 $0.00 $0.00
C. Travel
Please use this worksheet to articulate your municipality or organization's intended project-related travel. Examples of project travel include site visits, community engagement events, etc. Examples of basis for estimating costs are past trips, travel quotes, etc. Only travel that is directly associated with this award should be included. Beginning on Jan. 1, 2024, the standard mileage reimbursement rate for privately owned vehicles driven for business use will be 67 cents per mile. Please see IRS and GSA guidance (right) for more information. ONLY fill light green cells, the rest will autopopulate. 110
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Item Justification & Basis Year 1 Year 2 Year 3 Subtotal $0.00
Federal Request $0.00 $0.00 $0.00 $0.00
D. Supplies
For the purposes of this award, supplies are generally defined as items with an acquisition cost less than $5,000 and a useful life expectancy of less than one year.

Supplies are generally consumed during the project's period of performance. Unit cost of supplies should be less than $5,000. If supply items and costs are ambiguous, contact your GreenLatinos or USDA representative for more detail, or review guidance in 2 CFR 200. ONLY fill light green cells, the rest will autopopulate. 111
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Contractor 1 Citywide Tree Inventory, per arborist
estimate $34,000.00 $66,000.00 $100,000.00
Contractor 2 Citywide Canopy Inventory, per GIS
Manager scoping $5,000.00 $10,000.00 $15,000.00
Contractor 3
Urban Forestry Management Plan,
per comparative review of other
jurisdictions
$99,500.00 $99,500.00 $199,000.00
Contractor 4
Update Existing Regulatory
Documents, based on staff
experience with similar projects
$10,000.00 $20,000.00 $30,000.00
Contractor 5 Early Tree Care, per arborist estimate $66,000.00 $133,000.00 $199,000.00 Federal Request $214,500.00 $328,500.00 $0.00 $543,000.00 E. Contractual
Please use this worksheet to articulate your municipality or organization's intended project-related contracts, what they are intended to do, and the basis for detailed costs. Examples of basis for estimating costs are past contract expenditures, contractor quotes, etc. Please list all contractors supplying commercial supplies or services used to support your project. For each Contractor with total project costs of $250,000, a quote must be provided. Lobbying, advertising, fundraising, and investment management fees are not allowable contract expenditures. ONLY fill light green cells, the rest will autopopulate.

Item Justification Year 1 Year 2 Year 3 Subtotal
112
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Item Justification Year 1 Year 2 Year 3 Subtotal
$0.00
Federal Request $0.00 $0.00 $0.00 $0.00
F. Other Direct Costs
Please use this worksheet to articulate any other direct costs anticipated to be incurred by your municipality or organization's intended project, and their basis. Other direct costs are expenses that are directly related to a project but do not fit into the other major cost categories. Examples may include use of office space and meeting or conference facilities; participant support costs and participation stipends; insurance and indemnification, subawards, etc. ONLY fill light green cells, the rest will autopopulate. 113
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ESCONDIDOBUDGETNARRATIVE
Personnel:

Personnelrequiredforconsultantselectionandprojectmanagementdescribedbelow.NoteEscondidodoesnothaveannualCOLArates. ● PrincipalPlanner:Overallprojectmanagement,superviseconsultantso 445hours@$76.37perhour=$26,169 ▪ YearOne:170hours@$57.69perhour($130,000Salaryat7.45%)=$9,808 ▪ YearTwo:240hours@$57.69perhour($130,000Salaryat10.65%)=$13,847 ▪ TearThree:35hours@$57.69perhour($130,000Salaryat2.32%)=$2,514● AssociatePlanner:Overseeupdatestoordinances,supportprojectmanagemento 353hours@$49.15perhour=$16,099 ▪ YearOne:130hours@$45.60perhour($92,933Salaryat6.38%)=$5,928 ▪ YearTwo:200hours@$45.60perhour($92,933Salaryat9.82%)=$9,122 ▪ YearThree:23hours@$45.60perhour($92,933Salaryat1.13%)=$1,048● ParkMaintenanceSupervisor:ManageTreeCareActivitieso 187hours@$57.01perhour=$7,536 ▪ YearOne:58hours@$46.16perhour($95,143Salaryat2.81%)=$2,677 ▪ YearTwo:105hours@$46.16perhour($95,143Salaryat5.11%)=$4,859Fringe:

ThiscityofEscondidohasafringerateof$24.49%
● PrincipalPlanner○ Year1($9,808X24.49%)+Year2($13,847X24.49%)+Year3($2,514X24.49%)=$6,408.79● AssociatePlanner○ Year1($5,928X24.49%)+Year2($9,122X24.49%)+Year3($1,048X24.49%)=$3,942.41● ParkMaintenanceSupervisor○ Year1($2,677X24.49%)+Year2($4,859X24.49%)=$1,845.63 114
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Contractual:

Directcontractswithappropriateconsultantsforthefollowing:
● $100,000forTreeInventoryandnewidentificationofplantinglocations,basedonestimatefromlocalarboristconsultant*● $15,000forTreeCanopyInventory,basedonscopingcompletedbyGISManager*● $199,000forPublicOutreachandfinalUFMPDocument,basedoncomparativereviewofotherjurisdictions*● $30,000forUpdatetoCityOrdinancesregardingtrees,basedonstaffexperiencewithsimilarprojects.*● $199,000forEarlyTreeCare,basedonestimatefromlocalarboristconsultanto Fortheearlytreecare,Citystaffexaminedpast/existingcontractsanddetermined(withconfirmationfromcurrentcontractor)thatthecostaverages$1,000annuallypertree.Withanestimated100-125treesplantedeachyearin2025and2026,staffbudgeted$200,000tocoverearlytreecarefor200trees. *InanefforttofindtheclosestcostsfortheproposedUFMPcreation,Planningstaffreviewedpastyearawards(2021-22and2019-20)oftheCalFireUrbanForestryManagementgrants.PlanningstaffreviewedtheDescriptionsandApplicantcolumns,andassessedforwhethersuchentitiesandscopeshadcommonalitywiththeCity’sobjective(i.e.,alocalmunicipalitywithsimilarprojectscope).Afterreviewingbothyearsofawards,planningstaffnarrowedtheirfocustoreviewingCityofNewman($203Kaward),CityofBell($256Kaward),CityofVallejo($500Kaward),CityofFremont($850Kaward),andCityofWatsonville($700Kaward).CitystaffalsoreviewedCityofLA’s“FirstStep”reportforguidanceonpotentialcostsassociatedwiththesouthernCaliforniaregion.Subsequently,staffsearchedforapplicableRFPsfromthosecitiesthathadpublishedandretainedtherecordsonline.TheonlyRFPlocatedwastheCityofWatsonville.BasedontheirRFPandNTEamounts,aswellastheCity’ssize(approximately50Kpopulationand6squaremiles),anddatafromtheLAreport,Citystaffcametotheamountproposedwithinourawardedgrantbudgetnarrative.

Indirect:
● 10%ofdirectcosts(deminimisrate):$60,500
115
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015

EXHIBITCADDITIONALTERMSANDCONDITIONS

1. NONDISCRIMINATIONSTATEMENT–PRINTED, ELECTRONIC, ORAUDIOVISUALMATERIAL. Subrecipientshall includethefollowingstatement, infull, inanyprinted, audiovisual material, orelectronicmediaforpublicdistributiondevelopedorprintedwithanyfederalfunding:Inaccordancewithfederal lawandU.S. DepartmentofAgriculture(USDA) civil rightsregulationsandpolicies, thisinstitutionisprohibitedfromdiscriminatingonthebasisof race,color, national origin, sex, age, disability, andreprisal orretaliationforpriorcivil rightsactivity. (Notall prohibitedbasesapplytoallprograms.) PrograminformationmaybemadeavailableinlanguagesotherthanEnglish. Personswithdisabilitieswhorequirealternativemeansof communicationforprograminformation(e.g., Braille, largeprint, audiotape, andAmericanSignLanguage) shouldcontacttheresponsiblestateorlocalAgencythatadministerstheprogramorUSDA’sTARGETCenterat(202) 720-2600(voiceandTTY) orcontactUSDAthroughtheFederal RelayServiceat(800) 877-8339. Toﬁleaprogramdiscriminationcomplaint, acomplainantshouldcompleteaForm AD-3027, USDAProgramDiscriminationComplaintForm,whichcanbeobtainedonlineathttps://www.ocio.usda.gov/document/ad-3027, fromanyUSDAofﬁce, bycalling(866) 632-9992, orbywritingaletteraddressedtoUSDA. Thelettermustcontainthecomplainant’sname, address,telephonenumber, andawrittendescriptionof theallegeddiscriminatoryactioninsufﬁcientdetail toinformtheAssistantSecretaryforCivil Rights aboutthenatureanddateof anallegedcivil rightsviolation. ThecompletedAD-3027formorlettermustbesubmittedtoUSDAby: (1) Mail: U.S. DepartmentofAgriculture, Ofﬁceof theAssistantSecretaryforCivil Rights, 1400IndependenceAvenueSW, Washington, D.C. 20250-9410; (2) Fax:(833) 256-1665or(202) 690-7442; or(3) Email:[email protected]. If thematerial istoosmall topermitthefull Non-DiscriminationStatementtobeincluded, thematerial will, ataminimum, includethealternativestatement:“Thisinstitutionisanequal opportunityprovider.” GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 27 116
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015

2. TRAFFICKINGINPERSONS.a. ProvisionsapplicabletoaRecipientthatisaprivateentity:i. Subrecipientanditsemployees, maynot:1) Engageinsevereformsof trafﬁckinginpersonsduringtheperiodof timethattheawardisineffect;2) Procureacommercial sexactduringtheperiodof timethattheawardisineffect; or3) Useforcedlaborintheperformanceof theawardorsubawardsundertheaward.ii. Thisawardmaybeunilaterallyterminated,withoutpenalty, if aSubrecipientthatisaprivateentity:1) Isdeterminedtohaveviolatedaprohibitioninparagraph a.1 of thisawardterm; or2) Hasanemployeewhoisdeterminedbytheagencyofﬁcial authorizedtoterminatetheawardtohaveviolatedaprohibitioninparagrapha.1 of thisawardtermthroughconductthatiseither:(a) Associatedwithperformanceunderthisaward;or(b) ImputedtoyouortheSubrecipientusingthestandardsanddueprocessforimputingtheconductof anindividual toanorganizationthatareprovidedin2CFRpart180, “OMBGuidelinestoAgenciesonGovernmentwideDebarmentandSuspension(Nonprocurement).”b. ProvisionapplicabletoaRecipientotherthanaprivateentity: Thisawardmaybeunilaterallyterminated, withoutpenalty, if aSubrecipientthatisaprivateentity:i. Isdeterminedtohaveviolatedanapplicableprohibitioninparagrapha.1 of thisawardterm; orii. Hasanemployeewhoisdeterminedbytheagencyofﬁcial authorizedtoterminatetheawardtohaveviolatedanapplicableprohibitioninparagrapha.1 ofthisawardtermthroughconductthatiseither:1) Associatedwithperformanceunderthisaward; or GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 28 117
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 2) Imputedtothesubrecipientusingthestandardsanddueprocessforimputingtheconductof anindividual toanorganizationthatareprovided2 CFRpart180, “OMBGuidelinestoAgenciesonGovernmentwideDebarmentandSuspension(Nonprocurement).”c. ProvisionsapplicabletoanySubrecipient:i. YoumustinformGreenLatinosandtheForestServiceimmediatelyof anyinformationyoureceivefromanysourceallegingaviolationof aprohibitioninparagrapha.1of thisawardterm.ii. Therighttoterminateunilaterallythatisdescribedinparagrapha.2orbof thissection:1) Implementssection106(g) of theTrafﬁckingVictimsProtectionActof 2000(TVPA), asamended(22USC§ 7104(g)), and2) Isinadditiontoall otherremediesfornoncomplianceavailableunderthisaward.d. Deﬁnitions. Forpurposesof thisawardterm:i. “Employee” meanseither:1) Anindividual employedbySubrecipientwhoisengagedintheperformanceof theprojectorprogramunderthisaward, or2) Anotherpersonengagedintheperformanceof theprojectorprogramunderthisawardandnotcompensatedbyyouincluding, butnotlimitedto, avolunteerorindividual whoseservicesarecontributedbyathirdpartyasanin-kindcontributiontowardcostsharingormatchingrequirements.ii. “Forcedlabor” meanslaborobtainedbyanyof thefollowingmethods: therecruitment, harboring,transportation, provision, orobtainingof apersonforlabororservices, throughtheuseof force, fraud, orcoercionforthepurposeof subjectiontoinvoluntaryservitude, peonage, debtbondage, orslavery.iii. ”Privateentity”1) Meansanyentityotherthanastate, localgovernment, Indiantribe, orforeignpublic GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 29 118
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 entity, asthosetermsaredeﬁnedin2CFR 175.25.2) Includes:(a) Anonproﬁtorganization, includinganynonproﬁtinstitutionof highereducation, hospital, ortribalorganizationotherthanoneincludedinthedeﬁnitionof Indiantribeat2 CFR 175.25(b).(b) Afor-proﬁtorganization.iv. “Severeformsof trafﬁckinginpersons,” “commercial sexact,” and“coercion” havethemeaningsgivenatsection103of theTVPA, asamended(22USC§ 7102).

3. PROHIBITIONAGAINSTUSINGFUNDSWITHENTITIESTHATREQUIRECERTAININTERNALCONFIDENTIALITYAGREEMENTS.a. Subrecipientmaynotrequireitsemployees, contractors, orSubrecipientsseekingtoreportfraud, waste, orabusetosignorcomplywithinternal conﬁdentialityagreementsorstatementsprohibitingorotherwiserestrictingthemfromlawfullyreportingthatwaste, fraud, orabusetoadesignatedinvestigativeorlawenforcementrepresentativeof afederal departmentoragencyauthorizedtoreceivesuchinformation.b. Subrecipientmustnotifyitsemployees, contractors, orsubrecipientsthattheprohibitionsandrestrictionsof anyinternal conﬁdentialityagreementsinconsistentwithparagraph 1 of thisawardprovisionarenolongerineffect.c. Theprohibitioninparagraph 1 of thisawardprovisiondoesnotcontravenerequirementsapplicabletoanyotherformissuedbyafederal departmentoragencygoverningthenondisclosureof classiﬁedinformation.d. If GreenLatinosortheGovernmentdeterminesthattheSubrecipientisnotincompliancewiththisawardprovision,it;i. Will prohibittheSubrecipient’suseof fundsunderthisawardinaccordancewithsections743, 744of DivisionEoftheConsolidatedAppropriationsAct, 2016, (Pub. L. 114-113)oranysuccessorprovisionof law; and GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 30 119
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 ii. MaypursueotherremediesavailablefortheSubrecipient’smaterial failuretocomplywithawardtermsandconditions.

4. ELIGIBLEWORKERS. Subrecipientshall ensurethatall employeescompletetheI-9formtocertifythattheyareeligibleforlawfulemploymentundertheImmigrationandNationalityAct(8USC§ 1324(a)). Subrecipientshall complywithregulationsregardingcertiﬁcationandretentionof thecompletedforms. Theserequirementsalsoapplytoanycontractorsupplemental instrumentsawardedunderthisaward.

5. FREEDOMOFINFORMATIONACT. Publicaccesstoawardoragreementrecordsmustnotbelimited, exceptwhensuchrecordsmustbekeptconﬁdential andwouldhavebeenexemptedfromdisclosurepursuanttoFreedomof Informationregulations(5USC§ 552). Requestsforresearchdataaresubjectto2CFR315(e). PublicaccesstoculturallysensitivedataandinformationofFederally-recognizedTribesmayalsobeexplicitlylimitedbyP.L. 110-234,TitleVIII SubtitleB§ 8106(2009FarmBill).

6. PATRIOTACT. Subrecipientagreestocomplywithall applicablerequirementsof theUSAPatriotActandExecutiveOrder13224, andallsubsequentlyenactedlegislation, executiveorders, orregulations,designedtopreventanyAwardfundsfrombeingusedinsupportofterrorismoraterroristorganization.

7. PROMOTINGFREESPEECHANDRELIGIOUSFREEDOM. Asarecipientof USDAﬁnancial assistance, grantees(includingSubrecipient) willcomplywiththefollowing:a. Donotdiscriminateagainstapplicantsforsub-grantsonthebasisof theirreligiouscharacter.b. Codeof Federal Regulations(CFR) part16.3(a), RightsofReligiousOrganizations.c. Statutoryandnational policyrequirements, includingthoseprohibitingdiscriminationandthosedescribedinExecutiveOrder13798promotingfreespeechandreligiousfreedom, 2CFR200.300.

8. PROHIBITIONONCERTAINTELECOMMUNICATIONSANDVIDEOSURVEILLANCESERVICESOREQUIPMENT. Cooperators(including GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 31 120
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 Subrecipient) areresponsibleforcompliancewiththeprohibitiononcertaintelecommunicationsandvideosurveillanceservicesorequipmentidentiﬁedin2CFR200.216. SeePublicLaw115-232, Section889foradditional information. Inaccordancewith2CFR200.216,grantees(includingSubrecipient) areprohibitedfromobligatingorexpendingloanorgrantfundsforcoveredtelecommunicationsequipmentorservicesto:a. Procureorobtain, extendorrenewacontracttoprocureorobtain;b. Enterintoacontract(orextendorrenewacontract) toprocure; orc. Obtaintheequipment, servicesorsystems.9. DRUGFREEWORKPLACEA. Subawardeeagree(s) thatitwill publishadrug-freeworkplacestatementandprovideacopytoeachemployeewhowill beengagedintheperformanceof anyproject/programthatreceivesfederal funding. Thestatementmust:a. Tell theemployeesthattheunlawful manufacture,distribution, dispensing, possession, oruseof acontrolledsubstanceisprohibitedinitsworkplace;b. Specifytheactionssubawardeewill takeagainstemployeesforviolatingthatprohibition; andc. Leteachemployeeknowthat, asaconditionofemploymentunderanyaward, theemployee:i. Shall abidebythetermsof thestatement, andii. Shall notifysubawardeeinwritingif theyareconvictedforaviolationof acriminal drugstatuteoccurringintheworkplace, andshall dosonomorethan5calendardaysaftertheconviction.B. Subawardeeagree(s) thatitwill establishanongoingdrug-freeawarenessprogramtoinformemployeesabouta. Thedangersof drugabuseintheworkplace;b. Theestablishedpolicyof maintainingadrug-freeworkplace;c. Anyavailabledrugcounseling, rehabilitationandemployeeassistanceprograms; andd. Thepenaltiesthatyoumayimposeuponthemfordrugabuseviolationsoccurringintheworkplace.

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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 C. WithouttheGreenLatinosCaseManager’sexpressedwrittenapproval, thepolicystatementandprogrammustbeinplaceassoonaspossible, nolaterthanthe30daysaftertheeffectivedateof thisinstrument, orthecompletiondateof thissubaward, whicheveroccursﬁrst.D. SubawardeeagreestoimmediatelynotifytheGreenLatinosCaseManagerif anemployeeisconvictedof adrugviolationintheworkplace. Thenotiﬁcationmustbeinwriting,identifytheemployee’spositiontitle, theawardnumberofeachawardonwhichtheemployeeworked. ThenotiﬁcationmustbesenttotheCaseManagerwithin10calendardaysaftersubawardeelearnsof theconviction.E. Within30calendardaysof learningaboutanemployee’sconviction, GreenLatinosmusteithera. Takeappropriatepersonnel actionagainsttheemployee, uptoandincludingtermination, consistentwiththerequirementsof theRehabilitationActof1973(29USC794), asamended, orb. RequiretheemployeetoparticipatesatisfactorilyinadrugabuseassistanceorrehabilitationprogramapprovedforthesepurposesbyaFederal, Stateorlocal health, lawenforcement, orotherappropriateagency.10. TEXTMESSAGINGWHILEDRIVINGInaccordancewithExecutiveOrder(EO) 13513, “Federal LeadershiponReducingTextMessagingWhileDriving,” anyandall textmessagingbyFederal employeesisbanned: a) whiledrivingaGovernmentownedvehicle(GOV) ordrivingaprivatelyownedvehicle(POV) whileonofﬁcial Governmentbusiness; orb) usinganyelectronicequipmentsuppliedbytheGovernmentwhendrivinganyvehicleatanytime. All Cooperators, theirEmployees,Volunteers, andContractorsareencouragedtoadoptandenforcepoliciesthatbantextmessagingwhendrivingcompanyowned,leasedorrentedvehicles, POVsorGOVswhendrivingwhileonofﬁcial Governmentbusinessorwhenperforminganyworkfororonbehalf of theGovernment.

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Item8.

CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015

EXHIBITDNOTICEOFPRIMEAWARD
GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 34 123
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 35 124
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015

EXHIBITESUBAWARDDATA
(i) Subrecipient Name Cityof Escondido(ii) Subrecipient UniqueEntityIdentiﬁer: CH9XY8AX7BD8(iii) Federal AwardIdentiﬁcationNumber (FAIN): 24-CA-11132544-013 (iv) Federal AwardDateof AwardtotheRecipientbytheFederal Agency:
10/12/23
(v) SubawardPeriodof PerformanceStart Date:
(vi) SubawardPeriodof PerformanceEndDate: 11/30/2027
(vii) Amount of Federal FundsObligatedbythisActionbythePass-ThroughEntitytotheSubrecipient:
$665,500
(viii) Total Amount of Federal FundsObligatedtotheSubrecipient bythePass-ThroughEntityIncludingtheCurrent Obligation:
$665,500
(ix) Total Amount of theFederal AwardCommittedtotheSubrecipient bythePass-ThroughEntity:
$665,500
(x) Federal AwardProject Description: Thecityof Escondidowill utilizefundstocreateacomprehensiveandinclusiveUrbanForestryMasterPlan, andactivelyengagedisadvantagedcommunitiesinthedevelopmentof thisPlan. TheCitywill alsoapplyfundingtowardstwoyearsof earlytreecareandmaintenanceforArborDaytreeplantingsin2025and2026.

GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 53 142
Item8.

CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015

EXHIBITFWHISTLEBLOWERNOTICE
WhistleblowersperformanimportantservicetoUSDAandthepublicwhentheycomeforwardwithwhattheyreasonablybelievetobeevidenceofwrongdoing. Theyshouldneverbesubjecttoreprisal fordoingso. Federallawprotectsfederal employeesaswell aspersonal servicescontractorsandemployeesof federal contractors, subcontractors, grantees, andsubgranteesagainstreprisal forwhistleblowing. USDAbearstheresponsibilitytoensurethatnothinginanon-disclosureagreementwhichacontractor,subcontractor, grantee, orsubgranteerequirestheiremployeestosignshouldbeinterpretedaslimitingtheirabilitytoprovideinformationtotheOfﬁceofInspectorGeneral (OIG). 41 USCsection4712requirestheheadof eachexecutiveagencytoensurethatitscontractorsinformtheirworkersinwritingof therightsandremediesunderthestatute. Accordingly, itisillegal forapersonal servicescontractororanemployeeof afederal contractor, subcontractor, grantee, orsubgranteetobedischarged, demoted, orotherwisediscriminatedagainstformakingaprotectedwhistleblowerdisclosure. Inthiscontext, thesecategoriesof individualsarewhistleblowerswhodiscloseinformationthattheindividual reasonablybelievesisevidenceof oneof thefollowing:○ Grossmismanagementof afederal contractorgrant;○ Agrosswasteof federal funds;○ Anabuseof authorityrelatingtoafederal contractorgrant;○ Asubstantial andspeciﬁcdangertopublichealthorsafety; or○ Aviolationof law, rule, orregulationrelatedtoafederal contract(includingthecompetitionforornegotiationof acontract) orgrant.

Tobeprotectedunder41 USCsection 4712, thedisclosuremustbemadetooneof thefollowing:○ AMemberof Congress, orarepresentativeof acommitteeofCongress;○ TheOIG;○ TheGovernmentAccountabilityOfﬁce(GAO);○ AFederal employeeresponsibleforcontractorgrantoversightormanagementatUSDA;○ Anotherwiseauthorizedofﬁcial atUSDAorotherlawenforcementagency; GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 54 143
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 ○ Acourtorgrandjury; or○ Amanagementofﬁcial orotheremployeeof thecontractor,subcontractor, orgranteewhohastheresponsibilitytoinvestigate, discover, oraddressmisconduct.

Under41 USCsection4712, personal servicescontractorsaswell asemployeesof contractors, subcontractors, grantees, orsubgranteesmayﬁleacomplaintwithOIG, whowill investigatethematterunlesstheydeterminethatthecomplaintisfrivolous, failstoallegeaviolationof theprohibitionagainstwhistleblowerreprisal, orhasbeenaddressedinanotherproceeding.OIG’sinvestigationisthenpresentedtotheheadof executiveagencywhoevaluatesthefactsof theinvestigationandcanorderthecontractor,subcontractor, grantee, orsubgranteetotakeremedial action, suchasreinstatementorbackpay.

Federal AcquisitionRegulation(FAR) Subpart3.903, WhistleblowerProtectionsforContractorEmployees, Policy, prohibitsgovernmentcontractorsfromretaliatingagainstacontractworkerformakingaprotecteddisclosurerelatedtothecontract. FARSubpart3.909-1 prohibitstheGovernmentfromusingfundsforacontractwithanentitythatrequiresitsemployeesorsubcontractorstosigninternal conﬁdentialitystatementsprohibitingorrestrictingdisclosuresof fraud, waste, orabusetodesignatedpersons. Thisprohibitiondoesnotcontraveneagreementspertainingtoclassiﬁedinformation. TheregulationalsorequirescontractingofﬁcerstoinsertFARclause52.203-17, ContractorEmployeeWhistleblowerRightsandRequirementtoInformEmployeesof WhistleblowerRights, inall solicitationsandcontractsthatexceedtheSimpliﬁedAcquisitionThresholdasdeﬁnedinFARSubpart3.908. Thisclauserequiresnotiﬁcationtocontractoremployeesthattheyaresubjecttothewhistleblowerrightsandremediesreferencedin41 USCsection4712.

Inordertomakeacomplaintalleginganyof theviolationsmentionedabove, oneshouldcompletetheOIGHotlineformlocatedat:https://www.usda.gov/oig/hotline. Foradditional information, theymayalsovisittheWPC’swebpageat: https://www.usda.gov/oig/[email protected].

GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 55 144
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 EXHIBITG2CFRPART170

1. ReportingSubawardsandExecutiveCompensation.a. Reportingof First-TierSubawards.i. Applicability. Unlessyouareexemptasprovidedinparagraphd.of thisawardterm, youmustreporteachactionthatequalsorexceeds$30,000infederal fundsforasubawardtoanon-federalentityorFederal agency(seedeﬁnitionsinparagraph e. of thisawardterm).ii. WhereandWhentoReport.1) Thenon-federal entityorfederal agencymustreporteachobligatingactiondescribedinparagrapha.1. of thisawardtermtohttp://www.fsrs.gov.2) Forsubawardinformation, reportnolaterthantheendof themonthfollowingthemonthinwhichtheobligationwasmade. (Forexample, if theobligationwasmadeonNovember 7, 2010, theobligationmustbereportedbynolaterthanDecember 31, 2010.)iii. WhattoReport. Youmustreporttheinformationabouteachobligatingactionthatthesubmissioninstructionspostedathttp://www.fsrs.govspecify.b. Reporting Total Compensation of Recipient Executives for Non-FederalEntities.i. ApplicabilityandWhattoReport. Youmustreporttotalcompensationforeachof yourﬁvemosthighlycompensatedexecutivesfortheprecedingcompletedﬁscal year, if1) Thetotal federal fundingauthorizedtodateunderthisfederal awardequalsorexceeds$30,000asdeﬁnedin2 CFR170.320;2) intheprecedingﬁscal year, youreceived(a) 80%ormoreof yourannual grossrevenuesfromFederal procurementcontracts(andsubcontracts) andFederal ﬁnancial assistancesubjecttotheTransparencyAct, asdeﬁnedat2CFR170.320(andsubawards), and(b) $25,000,000ormoreinannual grossrevenuesfromfederal procurementcontracts(andsubcontracts) andfederal ﬁnancial assistance GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 56 145
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 subjecttotheTransparencyAct, asdeﬁnedat2 CFR 170.320(andsubawards); and,3) Thepublicdoesnothaveaccesstoinformationaboutthecompensationof theexecutivesthroughperiodicreportsﬁledundersection 13(a) or 15(d) oftheSecuritiesExchangeActof 1934(15USC§ 78m(a), 78o(d)) orsection 6104of theInternalRevenueCodeof 1986. (Todetermineif thepublichasaccesstothecompensationinformation, seetheU.S. SecurityandExchangeCommissiontotalcompensationﬁlingsathttp://www.sec.gov/answers/execomp.htm.)ii. Where and When to Report. You must report executive totalcompensationdescribedinparagraph b.1. of thisawardterm:1) Aspartof yourregistrationproﬁleathttps://www.sam.gov.2) Bytheendof themonthfollowingthemonthinwhichthisawardismade, andannuallythereafter.c. Reportingof Total Compensationof SubrecipientExecutives.i. ApplicabilityandWhattoReport. Unlessyouareexemptasprovidedinparagraph d. of thisawardterm, foreachﬁrst-tiernon-federal entitySubrecipientunderthisaward, youshallreportthenamesandtotal compensationof eachof theSubrecipient’sﬁvemosthighlycompensatedexecutivesfortheSubrecipient’sprecedingcompletedﬁscal year, if1) intheSubrecipient’sprecedingﬁscal year, theSubrecipientreceived(a) 80%ormoreof itsannual grossrevenuesfromfederal procurementcontracts(andsubcontracts) andfederal ﬁnancial assistancesubjecttotheTransparencyAct, asdeﬁnedat2CFR170.320(andsubawards) and,(b) $25,000,000ormoreinannual grossrevenuesfromfederal procurementcontracts(andsubcontracts), andfederal ﬁnancial assistancesubjecttotheTransparencyAct(andsubawards); and2) Thepublicdoesnothaveaccesstoinformationaboutthecompensationof theexecutivesthroughperiodicreportsﬁledundersection13(a) or15(d) of GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 57 146
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 theSecuritiesExchangeActof 1934(15USC§ 78m(a), 78o(d)) orsection6104of theInternalRevenueCodeof 1986. (Todetermineif thepublichasaccesstothecompensationinformation, seetheU.S. SecurityandExchangeCommissiontotalcompensationﬁlingsathttp://www.sec.gov/answers/execomp.htm.)ii. WhereandWhentoReport. Youmustreportsubrecipientexecutivetotal compensationdescribedinparagraph c.1. of thisawardterm:1) Totherecipient.2) Bytheendof themonthfollowingthemonthduringwhichyoumakethesubaward. Forexample, if asubawardisobligatedonanydateduringthemonthof Octoberof agivenyear(i.e.,betweenOctober 1 and 31), youmustreportanyrequiredcompensationinformationof theSubrecipientbyNovember 30of thatyear.d. Exemptions. If, intheprevioustaxyear, youhadgrossincome, fromallsources, under$300,000, youareexemptfromtherequirementstoreport:i. Subawards, andii. Thetotal compensationof theﬁvemosthighlycompensatedexecutivesof anysubrecipient.e. Deﬁnitions. Forpurposesof thisawardterm:i. “Federal Agency” meansaFederal agencyasdeﬁnedat5USCsection 551(1) andfurtherclariﬁedby5USCsection552(f).ii. “Non-Federal Entity” meansall of thefollowing, asdeﬁnedin2CFRpart 25:1) Agovernmental organization, whichisastate, localgovernment, orIndiantribe;2) Aforeignpublicentity;3) Adomesticorforeignnonproﬁtorganization; and,4) Adomesticorforeignfor-proﬁtorganizationiii. “Executive” meansofﬁcers, managingpartners, oranyotheremployeesinmanagementpositions.iv. “Subaward”:1) Thistermmeansalegal instrumenttoprovidesupportfortheperformanceof anyportionof thesubstantiveprojectorprogramforwhichyou GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 58 147
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 receivedthisawardandthatyouastherecipientawardtoaneligiblesubrecipient.2) Thetermdoesnotincludeyourprocurementofpropertyandservicesneededtocarryouttheprojectorprogram(forfurtherexplanation, see2CFR200.331).3) Asubawardmaybeprovidedthroughanylegalagreement, includinganagreementthatyouorasubrecipientconsidersacontract.v. “Subrecipient” meansanon-federal entityorfederal agencythat:1) Receivesasubawardfromyou(therecipient)underthisaward; and2) Isaccountabletoyoufortheuseof thefederalfundsprovidedbythesubaward.vi. Total compensationmeansthecashandnoncashdollarvalueearnedbytheexecutiveduringtherecipient’sorsubrecipient’sprecedingﬁscal yearandincludesthefollowing(formoreinformationsee17CFR229.402(c)(2)).

GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 59 148
Item8.

CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 EXHIBITHCERTIFICATIONREGARDINGDEBARMENT, SUSPENSION, INELIGIBILITYANDVOLUNTARYEXCLUSIONLOWERTIERCOVEREDTRANSACTIONSOMBNo. 0505-0027 ExpirationDate: 09/30/2025 CertiﬁcationRegardingDebarment, Suspension,IneligibilityandVoluntaryExclusionLower Tier CoveredTransactions ThefollowingstatementismadeinaccordancewiththePrivacyActof 1974(5USC§552a, asamended). ThiscertiﬁcationisrequiredbytheregulationsimplementingExecutiveOrder12549, DebarmentandSuspension, and2CFRsections180.300, 180.335,Participants’ responsibilities. TheregulationswereamendedandpublishedonAugust 31, 2005, in70Fed. Reg. 51865-51880. Copiesof theregulationsmaybeobtainedbycontactingtheDepartmentof Agricultureagencyofferingtheproposedcoveredtransaction.

AccordingtothePaperworkReductionActof 1995, anagencymaynotconductorsponsor, andapersonisnotrequiredtorespondtoacollectionof informationunlessitdisplaysavalidOMBcontrol number. ThevalidOMBcontrol numberforthisinformationcollectionis0505-0027. Thetimerequiredtocompletethisinformationcollectionisestimatedtoaverage15minutesperresponse, includingthetimeforreviewinginstructions, searchingexistingdatasources, gatheringandmaintainingthedataneeded, andcompletingandreviewingthecollectionof information. Theprovisionsof appropriatecriminal orcivil fraud, privacy, andotherstatutesmaybeapplicabletotheinformationprovided.(Readinstructionsonpagetwobeforecompletingcertiﬁcation.) A. Theprospectivelowertierparticipantcertiﬁes, bysubmissionof thisproposal, thatneitheritnoritsprincipalsispresentlydebarred, suspended, proposedfordebarment, declaredineligible, orvoluntarilyexcludedfromparticipationinthistransactionbyanyfederal departmentoragency; B. Wheretheprospectivelowertierparticipantisunabletocertifytoanyof thestatementsinthiscertiﬁcation, suchprospectiveparticipantshall attachanexplanationtothisproposal.ORGANIZATIONNAMECityof Escondido PR/AWARDNUMBERORPROJECTNAMECH9XY8AX7BD8Project#00000015 GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 60 149
Item8.

CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 NAME(S) ANDTITLE(S) OFAUTHORIZEDREPRESENTATIVE(S)DaneWhite, Mayor

SIGNATURE DATE
Inaccordancewithfederal civil rightslawandU.S. DepartmentofAgriculture(USDA) civil rightsregulationsandpolicies, theUSDA, itsAgencies, ofﬁces, andemployees, andinstitutionsparticipatinginoradministeringUSDAprogramsareprohibitedfromdiscriminatingbasedonrace, color, national origin, religion, sex, genderidentity(includinggenderexpression), sexual orientation, disability, age, marital status, family/parentalstatus, incomederivedfromapublicassistanceprogram, political beliefs, orreprisal orretaliationforpriorcivil rightsactivity, inanyprogramoractivityconductedorfundedbyUSDA(notall basesapplytoall programs).Remediesandcomplaintﬁlingdeadlinesvarybyprogramorincident.

Personswithdisabilitieswhorequirealternativemeansof communicationforprograminformation(e.g., Braille, largeprint, audiotape, AmericanSignLanguage, etc.) shouldcontacttheresponsibleAgencyorUSDA’sTARGETCenterat(202) 720-2600(voiceandTTY) orcontactUSDAthroughtheFederal RelayServiceat(800) 877-8339. Additionally, programinformationmaybemadeavailableinlanguagesotherthanEnglish.

Toﬁleaprogramdiscriminationcomplaint, completetheUSDAProgramDiscriminationComplaintForm, AD-3027, foundonlineatHowtoFileaProgramDiscriminationComplaintandatanyUSDAofﬁceorwritealetteraddressedtoUSDAandprovideintheletterall of theinformationrequestedintheform. Torequestacopyof thecomplaintform, call (866)632-9992. SubmityourcompletedformorlettertoUSDAby: (1) mail: U.S.Departmentof Agriculture, Ofﬁceof theAssistantSecretaryforCivilRights, 1400IndependenceAvenue, SW, Washington, D.C. 20250-9410; (2)fax: (202) 690-7442; or(3) email: [email protected] opportunityprovider, employer, andlender.

Instructionsfor Certiﬁcation
(1)
Bysigningandsubmittingthisform, theprospectivelowertierparticipantisprovidingthecertiﬁcationsetoutonpage1 inaccordancewiththeseinstructions.

GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 61 150
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 (2)
Thecertiﬁcationinthisclauseisamaterial representationoffactuponwhichreliancewasplacedwhenthistransactionwasenteredinto. If itislaterdeterminedthattheprospectivelowertierparticipantknowinglyrenderedanerroneouscertiﬁcation,inadditiontootherremediesavailabletothefederalgovernment, thedepartmentoragencywithwhichthistransactionoriginatedmaypursueavailableremedies,includingsuspensionordebarment. (3)
Theprospectivelowertierparticipantmustprovideimmediatewrittennoticetotheperson(s) towhichthisproposal issubmittedif atanytimetheprospectivelowertierparticipantlearnsthatitscertiﬁcationwaserroneouswhensubmittedorhasbecomeerroneousbyreasonof changedcircumstances. (4)
Theterms“coveredtransaction,” “debarred,” “suspended,”“ineligible,” “lowertiercoveredtransaction,” “participant,”“person,” “primarycoveredtransaction,” “principal,” “proposal,”and“voluntarilyexcluded,” asusedinthisclause, havethemeaningssetoutintheDeﬁnitionsandCoveragesectionsoftherulesimplementingExecutiveOrder12549, at2CFRParts180and417. YoumaycontacttheDepartmentoragencytowhichthisproposal isbeingsubmittedforassistanceinobtainingacopyof thoseregulations. (5)
Theprospectivelowertierparticipantagreesbysubmittingthisformthat, shouldtheproposedcoveredtransactionbeenteredinto, itmaynotknowinglyenterintoanylowertiercoveredtransactionwithapersonwhoisdebarred, suspended, declaredineligible, orvoluntarilyexcludedfromparticipationinthiscoveredtransaction, unlessauthorizedbytheDepartmentoragencywithwhichthistransactionoriginated. (6)
Theprospectivelowertierparticipantfurtheragreesbysubmittingthisformthatitwill includethisclausetitled“CertiﬁcationRegardingDebarment, Suspension, IneligibilityandVoluntaryExclusion- LowerTierCoveredTransactions,”withoutmodiﬁcation, inall lowertiercoveredtransactionsandinall solicitationsforlowertiercoveredtransactions.(7) Aparticipantinacoveredtransactionmayrelyuponacertiﬁcationof aprospectiveparticipantinalowertiercovered GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 62 151
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CityofEscondidoProjectAmount:$665,500ProjectCompletionDate:11/30/2027ProjectNumber:00000015 transactionthatisnotdebarred, suspended, ineligible, orvoluntarilyexcludedfromthecoveredtransaction, unlessitknowsthatthecertiﬁcationiserroneous. Aparticipantmaydecidethemethodandfrequencybywhichitdeterminestheeligibilityof itsprincipals. Eachparticipantmay, butisnotrequiredto, checktheGeneral ServicesAdministration’sSystemforAwardManagementExclusionsdatabase. (8)
Nothingcontainedintheforegoingshall beconstruedtorequireestablishmentof asystemof recordstorenderingoodfaiththecertiﬁcationrequiredbythisclause. Theknowledgeandinformationof aparticipantisnotrequiredtoexceedthatwhichisnormallypossessedbyaprudentpersonintheordinarycourseof businessdealings. (9)
Exceptfortransactionsauthorizedunderparagraph5of theseinstructions, if aparticipantinacoveredtransactionknowinglyentersintoalowertiercoveredtransactionwithapersonwhoissuspended, debarred, ineligible, orvoluntarilyexcludedfromparticipationinthistransaction, inadditiontootherremediesavailabletothefederal government, thedepartmentoragencywithwhichthistransactionoriginatedmaypursueavailableremedies, includingsuspensionand/ordebarment.

FormAD-1048(REV12/22)
GreenLatinos: 191914thStreet, Suite700, Boulder, CO80302| https://www.greenlatinos.org/Email: [email protected] 63 152
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STAFF REPORT

August 14, 2024
File Number 0650-20

SUBJECT

AMENDMENT TO MOBILEHOME RENT REVIEW BOARD GUIDELINES

DEPARTMENT
City Attorney’s Office and Development Services/Neighborhood & Housing Services

RECOMMENDATION
Request the City Council , serving in its capacity as the Escondido Rent Review Board, adopt RRB Resolution No. 2024-121 amending the Mobilehome Rent Review Board Guidelines.

FISCAL ANALYSIS
The adoption of the Resolution will not alter the existing City costs related to the receipt, review and consideration of Long Form or Short Form rent increase applications. The Resolution does allow for an increase in the deposit amount for the intake and review of Long Form applications.

BACKGROUND

Proposition K and the Mobilehome Rent Review Board.

In 1978, the state legislature enacted the California Mobilehome Residency Law to address the unique relationship that exists between the owners of mobilehome coaches and the owners of the land on which the mobilehome sits. (Cal. Civil Code § 798, et seq.) This law provides the “landlord -tenant” rules and regulations to manage the relationship between park owners and mobilehome tenants. The law is regularly amended.

Since 1988, the City Council sitting as the City of Escondido Mobilehome Rent Review Board (“Board”) has regulated rents for some mobilehomes in accord with the Escondido Rent Protection Ordinance 153
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(“Proposition K”). Because the voters approved Proposition K, any changes or amendments to it directly require a ballot measure and voter approval.

Under cur rent law, p ark owners have a right to a reasonable rate of return on their investment and mobilehome owners have unique rights associated with the placement of their immobile property on the park owners’ land. The Board attempts to balance these competing interests each time it undertakes the review of a requested increase in space rents. Proposition K, codified in Escondido Municipal Code (EMC) § 29-101 et. seq., allows the park owners to earn a “just, fair, and reasonable” rate of return considering eleven (11) enumerated but nonexclusive factors in the City’s ordinance. EMC § 29-104(g). The rental rates and increases to those rates should be an amount high enough to encourage good management, reward efficiency, discourage the flight of capital, and enable operators to maintain their credit, and which is commensurate with returns in comparable enterprises, but which is not so high as to defeat the purpose of rent control to prevent excessive rents. The goal is to set rents at the point at which an efficient enterprise can operate successfully.

MHRRB Guidelines.

Because Proposition K was enacted by the voters, any changes or amendments to it would require a ballot measure and voter approval. However, implementing Guidelines may be crafted and implemented to provide direction to the Board in the consideration of applications and the conduct of the rent review hearings provided they are not inconsistent with the provisions of Proposition K. Such Guidelines may be adopted by resolution. In September 1988, the Board issued its first set of Guidelines to assist the Board in implementing Proposition K.

The Guidelines spell out the staff’s review requirements , the hearing process, resident notice requirements, policies governing the Board’s review of the application, define relevant application and financial information to be considered, and require health and safety inspections of the parks as part of the hearing process.

The last amendment to the Guidelines was adopted in June 2020. Those changes were prompted by and related to the issue of vacancy control/decontrol – the opportunity for an increase in a rental rate for a mobilehome space when a tenan cy ends for a property subject to rent control. The June 2020 amendment came about through a compromise whereby the park owners agreed to help protect the equity in mobilehomes by limiting rent increases when a tenancy ends to eight percent (8%), with a $950 limit (subject to an annual Consumer Price Index (“CPI”) adjustment). In return, the mobilehome park residents agreed to raise the Short Form rate increase from seventy-five percent (75%) to ninety percent (90%) of the CPI. The City drafted an amendm ent to the Guidelines to implement the negotiated terms, and that amendment was adopted pursuant to RRB Resolution No. 2020-04R.

Short Form/Long Form Applications.

In 1997, the Board adopted changes to the Guidelines that allow for a Short Form application that focuses on the change in the CPI. In such applications, the Board must presume that up to ninety percent (90%) 154
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of the CPI is a fair, just and reasonable rent increase, but the Board may consider other eleven Proposition K factors at the request of either the park owner or residents in determining that a lesser increase is fair, just and reasonable. By 2006, the use of Short Form applications had become routine and litigation involving the validity of the Ordinance related to whether rent control was a constitutional taking had all but vanished.

A mobilehome park owner retains the ability to bypass the Short Form process by filing a Long Form application pursuant to Proposition K. The Guidelines also reflect the procedures associated with a Long Form Application hearing.

Proposed Amendments.

After many years without the cumbersome Long Form Rent Increase applications, the Board has faced two such matters in just the past twelve months - Eastwood Meadows MHP in November 2023 and Town & Country Club MHP in March of 2024. During the process, the park owners submitted a request that the Board adjust the allowable rents for the affected mobilehomes by demonstrating through financial records and analysis what they contend is a fair rate of return on the investment in the park. In each case, the requested increases were higher than what is typically seen in Short Form applications as the use of CPI is only one element in the fair rate of return determination in a Long Form application . These two past hearings have raised questions about how the Guidelines treat Long Form applications , whether modifications to the Short Form process may assist in incentivizing that process, and wh ether the Guidelines should be updated to reflect the current practices of City staff and the Board in their intake, review and consideration of both Short Form and Long Form applications.

Attachment “1” to this Staff Report is a strike -out version of the proposed changes to the Guidelines affecting both Short and Long Form application. Attachment “2” and Exhibit “A” to RRB Resolution No. 2024-121 are a “clean” version reflecting the amendments as adopted and incorporated. Below is a general summary of the amendments:

 Increasing Long Form CPI amount from sixty percent (60%) to ninety percent (90%) for consistency with existing Short Form increases and as allowable under Proposition K.  Increasing the deposit amount for Long Form Application review from $5,800 to $7,500.  Changes to written Guidelines to conform to existing practice including allowance for park owner reimbursement of actual costs for Long Form application processing from residents over period of not less than one year but amount and timing of the reimbursement period to be decided by Board in its discretion.
 Allowance for Park Owner to increase space rent to the greater of the Average Space Rent plus eight percent ( 8%) or Final Space rent charged to the Cha nging Mobilehome Owner plus eight percent (8%) not to exceed $950 as adjusted by the CPI.  Clarifying that the eight percent ( 8%) vacancy control cap only applies to sales where there is transfer of ownership from resident to resident.
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 Clarifying the consequences for when a p ark owner increases rent beyond the amount allowed under the Guidelin es and therefore subject to sanction of not being able to use Short Form process for 5 years, to make clear that the Board may consider whether any such increases were unintentional and any increase is conditioned on the park owner having already reversed an d refunded the overage.
 Miscellaneous cleanup language for consistency throughout the document.

Stakeholder Input and Comments.

In an effort to engage with impacted stakeholders, on June 14, 2024, Housing and Neighborhood Services Manager Danielle Lopez reached out to the Escondido Mobile Home Positive Action Committee (EMPAC) for comments and requested edits on the proposed amendment. On or about June 25, 2024, and again on August 3, 2024, Bob Wise, a member of the public who frequently addresses mobilehome issues in the City, submitted comments on the draft amendment. (Attachment “3”) On August 1, 2024, Louise Reed on behalf of EMPAC, submitted her comments. (Attachment “4”) Additionally , o ver the past several months, the City Attorney has worked on comments from several park owners’ representative, Julie Paule, on proposed changes given the initial request for consideration of an amendment to the CPI percentage for Long Form applications be increased from sixty percent (60%) to ninety percent (90%) came from the park owners.

From the residents’ perspective, generally, the comments include concerns about the ability of the park owners to recover Long Form application costs as part of the rent increase and therefore violate Civil Code § 798.49(d)(3)1; that the Guidelines somehow vary from the requirements of Proposition K or the City has not follow ed the requirements of Prop osition K in past application reviews; that the City has not “negotiated” with the residents; that the language of new section 11.L.1 (allowable space increases with In-place Transfers) should be deleted; that there should be no changes to public input during hearings ; and, the Long Form CPI should not be increased to ninety percent (90%).

The park owners contend that the proposed changes simply reflect the agreement that was reached in 2020; the changes are reasonable and consistent with Prop osition K, state law, and California case law;

1 Residents claim the allowance for the recovery of Long Form application costs required by the City constitutes a violation of Civil Code § 798.49(d)(3) . Apart from the established past practice of allowing for this reimbursement as a component of the rent increase, which has never been successfully challenged in court, the California Supreme Court has addressed the subject of reimbursement and charges in at least two cases . In Galland v. City of Cl ovis (2001) 24 Cal.4 th 1003, and Cacho v. Boudreau (2007) 40 Cal.4th 341, the Court addressed both the right to reimbursement and the means by which such costs may be charged to park residents. See, Galland, 24 Cal.4th at 1027-28 (“substantial legal and administrative costs attributable to the rent review process…should be properly included as expenses when calculating the proper rent readjustment. Under the fair ROI method used in practice by [the City], it may not arbitrarily excl ude the reasonable expenses of seeking legitimate rent increases.”) ; Cacho, 40 Cal.th at 354 (harmonizing Civil Code § 798.31 with § 798.49, the Mobilehome Residency Law does not prohibit park owners from separately charging park residents, as a component of total rent, for government fees and assessments.”)
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and, the amendments allow for a fair rate of return when conside red in the context of both Short Form and Long Form application hearings.

Staff Recommendation.

Having reviewed the comments from both park owners and residents, examining the internal processes used to intake, review and consider Short Form and Long Form applications, and considering state law, Proposition K and case authorities, it is the opinion of the City Attorney that the proposed amendments are: lawful; reasonable; consistent with the spirit and language of Proposition K; consistent with established past practices of City staff and the Board ; consistent with the intent of past negotiations in the last amendment effort in 2020; and, appropriate updates and consistencies of language usage in the Guidelines document.

RESOLUTIONS
a. RRB Resolution No. 2024-121
b. RRB Resolution No. 2024-121 – Exhibit “A” – MHRRB Guidelines

ATTACHMENTS
a. Attachment “1” – MHRRB Guidelines – Strike-out version b. Attachment “2” – MHRRB Guidelines – As proposed (“clean”) version c. Attachment “3” – Submitted Resident Comments
d. Attachment “4” – Submitted EMPAC Comments

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RRB RESOLUTION NO. 2024-121

A RESOLUTION OF THE MOBILEHOME RENT REVIEW

BOARD OF THE CITY OF ESCONDIDO, CALIFORNIA,

AMENDING THE CITY OF ESCONDIDO MOBILEHOME

RENT REVIEW BOARD GUIDELINES

WHEREAS, the Mobilehome Rent Review Board of the City of Escondido (hereinafter “Rent Review Board”) first adopted their “Mobilehome Rent Review Board Guidelines” (hereinafter “Guidelines”) on September 28, 1988; and
WHEREAS, the Rent Review Board periodi cally revises its Guidelines, most recently on June 24, 2020, in RRB Resolution No. 2020-04R; and
WHEREAS, the Rent Review Board desires to amend the Guidelines to allow for consistency in the intake, evaluation and consideration of both Short Form and Lo ng Form rent increase applications to ensure that any increases in rents are fair, just and reasonable as required by Escondido Municipal Code § 29-101, et. seq.

NOW, THEREFORE, BE IT RESOLVED by the Mobilehome Rent Review Board of the City of Escondido, California, as follows:

1. That the above recitations are true.

2. That the Guidelines are amended as attached and incorporated by reference as Exhibit “A,” attached to this Resolution and incorporated by this reference. 158
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MOBILEHOME RENT REVIEW BOARD

GUIDELINES
Adopted by Minute Action September 28, 1988
Amendment by Minute Action January 11, 1989
Amended by Minute Action February 8, 1989
Amended by Resolution RRB 89-5 May 17, 1989
Amended by Resolution RRB 90-7 April 4, 1990
Amended by Resolution RRB 94-05 April 13, 1994
Amended by Resolution RRB 94-12 January 11, 1995
Amended by Resolution RRB 97-05 December 3, 1997
Amended by Resolution RRB 97-07, December 17, 1997
Amended by Resolution RRB 98-07, June 10, 1998
Amended by Resolution No. 2005-132
Amended by Resolution RRB 2017-02R, June 28, 2017
Amended by Resolution RRB 2020-04R, June 24, 2020
Amended by Resolution RRB 2024-121, August 14 2024

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Attachment “2”
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CITY OF ESCONDIDO

MOBILEHOME RENT REVIEW BOARD GUIDELINES
Following are the guidelines for the mobilehome rent review process including staff review, the staff report, and the rent review hearings (“Guidelines”). Also included are City of Escondido (“City”) Mobilehome Park Rent Review Board (“Board”) rules of order.

Section 1: Staff Review.

When a park owner submits an application for a rent increase request, City staff shall review the application to determine whether or not it is complete. Per Section 29-104(d) of the City’s Rent Control Ordinance, Staff must determine whether the application is complete within thirty (3 0) days of receipt of the application and the application fee, if any. If the application is determined to be incomplete, the park owner shall be notified of the deficiencies. Upon resubmittal, staff will determine whether the application is now complete within thirty (30) days of receipt of additional information provided by the park owner as requested by staff.

Once an application is determined to be complete, staff will mail a notice to all affected residents stating that they can review the final application and any supporting documents and that they have thirty (30) days to respond with written comments or other forms of documentation. The applicant and tenant representative(s) will be provided with a copy of these Guidelines at that time.

A thirty (30) day notice is mailed to residents, which informs them of their right to review the park owner's application and all supporting documents. A copy of the application is provided to the park tenant representative(s) for review. A copy shall also be available at City Hall. Additionally, pursuant to Section 29 -104(e) of the Rent Control Ordinance, staff shall provide each Board member a copy of the application once the application is deemed complete.

The City's Code Compliance Division will inspect the common areas of the park and submit a report concerning the condition of the faci lities. Also, any past violations and any corrective actions will be reported.

Section 2: Staff Report.

Staff will provide the Board members a written staff report which describes the park, summarizes the park owner's application, and analyzes the rent increase request. A copy of the park owner's final application and the residents' written responses will be attached to the report. If staff retained a consultant to review the application, the consultant’s report will also be attached.

Section 3: Notice of Public Hearing.

While the Rent Control Ordinance spells out certain requirements for the hearing process, it is deemed beneficial to further refine the process so that the Board and the parties involved have a clear understanding of the hearing process and will know what to expect on the day of the hearing. 160
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Pursuant to Section 29-104(e) of the Rent Control Ordinance, staff will mail a notice of the time, date and place of the hearing to park residents and the park owner at least ten (10) days prior to the hearing. The Code Compliance Division report shall also be available for public review ten (10) days in advance of the hearing. The staff report will be available for public review when the report is delivered to the Board for review, and the notice will inform the parties of this fact. A copy of the staff report will either be sent by certified mail or picked up by the park owner, and a designated resident representative(s).

Section 4: Staff Presentation.

At the hearing, staff will give a brief summary of the staff report and application. If staff retained a consultant to review the application, the consultant may provide a summary of their analysis and report. The Board members may then ask questions of the staff and consultant. A representative from the City Attorney's Office will attend meeting s to offer legal assistance as needed. Minutes will be taken by the City Clerk staff.

Section 5: Public Input.

Pursuant to Section 29 -104(f) of the Rent Control Ordinance , the park owner and the affected tenants may offer any testimony that is relevant to the requested rent increase . Staff will provide slips indicating a "request to speak" at the meeting. The park owners present their testimony first.

As detailed in the Rent Control O rdinance, the applicant and affected residents can only offer written information for the first time at the hearing if good cause is shown as to why such evidence was not previously filed with the City Clerk's Department. The Board encourages the applicant and the affected residents to appoint one or two representatives to present information at the hearing. Time limits for speakers are described in the Guidelines under "Board Rules of Order…Manner of Addressing Board —Time Limit." If the Board determines that they have sufficient information to reach a decision, they will close the hearing. If they require further information, the hearing will be continued to a specified date to allow the parties or staff an opportunity to collect the necessary data.

Once the Board has all the information they deem necessary, it will close the hearing. Once the hearing is closed, the Board has fifteen (15) days to make a determination. The Board may consider the option of making a determination at the hearing in an attempt to resolve the issue as quickly as possible. Whether or not the Board reaches a decision on the day of the hearing, the Board will be required, under the Brown Act, to deliberate and reach a decision at a public meeting rather than in closed session.

Section 6: Policies Governing Board Review.

A. Eleven Factors. When reviewing rent increase applications not governed by Section M herein, commonly referred to as “Long-Form Applications, ” the Board will consider the eleven (11) factors detailed in Section 29-104(g) of the Rent Control Ordinance.

CPI – Pursuant to Section 29 -104(g)(1) of the Rent Control Ordinance, the Board will consider increases in the San Diego Metropolitan Area Consumer Price Index, All Items/All Urban Consumers component as published by the United States Bureau of Labor Statistics (“Bureau”) (“CPI”), as one of the relevant factors when reviewing a Long Form Application.

If the Bureau changes the geographic reporting area in which the City is located, the Board shall use the most current applicable reporting area established by the Bureau. 161
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The Board shall take into account ninety percent ( 90%) of increases in the CPI over the relevant review period provided for in Section 29-104(g).

Section 7: Capital Improvements.

A. Definition and Examples of Capital Improvements - Capital Improvement is defined by Section 29-101 of the Rent Control Ordinance to mean "the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and/or repairs."

1. Normal routine maintenance and repair of a park is not a capital improvement. For example, patching of potholes and slurrying of asphalt streets and roadways constitute ordinary repairs and are not capital improvements within the meaning of the Ordinance.

2. Major replacement or major reconstruction of an existing facility or improvement constitute capital improvements. For example, the major replacement and/or reconstruction of streets or roadways, sewer lines, water lines and gas lines constitute capital improvements.

3. Addition of new facilities in a park, such as a new office or utility room, a sauna, a jacuzzi or an addition to a recreation room, are also examples of capital improvements.

4. Capital improvements which would otherwise form the basis for a capital improvement rent increase cannot be the basis of such an increase if the park owner charges a fee for the use of the improvement. For example, additional washers and dryers installed for the use of residents cannot be the basis for a capital improvement rent increase if the tenants must pay to use them.

5. Portable items, such as pool furniture and landscaping or gardening equipment, do not constitute capital improvements.

6. Rent increase requests based entirely or in part on capital improvements can be brought before the Board prior to the initiation of the proposed work. In these cases, the applicant is encouraged to seek the approval of his/her residents for the improve ment, prior to the submittal of an application.

B. Capital Improvement/Rehabilitation Work - In any case where a park owner submits a rent increase application that is based in part, or entirely , on the cost of capital improvements and/or rehabilitation wo rk, the staff and/or their consultant shall calculate for the Board’s consideration the rent increase based on the following:

The work is amortized over the expected life of the improvement. If available, s tandard depreciation tables used by the Internal Revenue Service (“ IRS”) to determine deductions for taxes shall be used to determine the expected life of the work. Any increase that is granted shall be temporary over the IRS authorized amortization period . Any capital improvement rent increase shall i nclude interest based either on the actual interest rate charged to the applicant for funds utilized to fund the improvement or, if the cost was not financed, the average rate for thirty-year fixed mortgages plus one (1%) percent, and that the average rate shall be the rate Freddie Mac last published in its weekly Primary Mortgage Market Survey (“PMMS”) as of the date of the initial submission of the application. At the time an increase is granted, the Board will list separately any increase for capital im provements or rehabilitation work.
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Section 8: Code Violations.

No increase granted for any park shall go into effect until any existing code deficiencies are corrected. Such violations shall not be utilized by the Board as a reason for not granting an increase or reducing the amount of a requested increase. A provision regarding the effective date of the Board’s action shall be included in each Resolution of the Board approving a rent- increase.

Section 9: General Policies Governing the Board's Deliberations and Determination.

A. The Park Survey which compares the condition and quality of each park in the City, shall be updated by staff every two years. Park Appraiser shall contact an officer or designee from the organized residents’ group who shall participate in all inspections of the park.

When periodically conducting the Park Survey, the Park Appraiser shall contact an officer or designee from the organized residents ’ group who shall participate in all inspections of the park.

B. To assist in determining a reasonable rate of return, the Board shall always be provided with information setting forth the rate of return for the applicant mobilehome park since the date the last application for a rent increase was deemed complete based o n return on cash investment, return on book value, and maintenance of net operating income. The Board recognizes that each application must be evaluated on its own facts and that not every rate of return analysis will be relevant in each application. The Board shall consider the facts of each application and, based on those facts and circumstances, may utilize any, all or none of the rate of return analyses in making its determination of what, if any, rent increase may be warranted.

C. In order to avoid rep etitive hearings and unreasonable burdens on City staff and Park residents, no application for a rent increase shall be accepted within a period of one year from the date the last application was deemed complete.

D. The Board generally prefers to avoid conti nuing hearings. All persons wishing to make presentations to the Board should come to the hearing fully prepared.

E. All applications for rent increases shall be accompanied by financial statements covering the period from the date the last application for a rent increase was deemed complete.

F. All applications shall be accompanied by a statement attesting to the truth and accuracy of all information set forth in the application, which statement shall be signed by the applicant and shall be sworn under penalty of perjury.

G. All applications shall be accompanied by all documents, receipts, invoices and other data which support and substantiate the claims and assertions set forth in the application.

H. The application, including all its supporting data and documentation and all other information used to form the basis of any staff presentation or recommendation, shall be available for public review during normal business hours.

I. Where it determines that an applicant has knowingly falsified any information in the application for a rent increase, the Board shall immediately suspend further proceedings on the application and no new application for a rent increase shall be accepted for processing for a period of one year from the date of such action.
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J. The applicant shall be required to deposit the sum of $ 7,500 at the time of filing the application with the City. This amount will be used to reimburse the City for costs associated with evaluation of the application and preparation of information regarding the rate of return for the park under criteria established by the Board and to defray the costs of any supplementary work which may be required to insure that the application is complete. This deposit will also be available to pay for analysis of any claims set forth in the application or materials supplied to substantiate claims made in the application to determine their validity and veracity.

Where the deposit is exhausted prior to completion of the review of the rent increase application, no further work on the appl ication shall be conducted until further amounts are deposited, as the Board may deem appropriate.

A park owner may seek from residents the recovery of actual costs incurred for purposes of the evaluation of a Long Form Rent Increase application as part of the rent increase application. Such cost reimbursement shall be recovered over a period of not less than 1 year. The determination of the amount and timing of any reimbursement expenses to be included in an approved application shall be within the discretion of the Board.

K. In its evaluation of information submitted to support any application for a rent increase, the Board shall take into account only information, facts and circumstances arising from the date the last application for a rent increase was deemed complete.

L. The applicant shall bear the burden of proof of establishing, on the basis of substantial evidence, all claims set forth in the application including, without limitation, all claims for expenses, depreciation and other costs incurred in c onnection with the operation of the subject mobilehome park. Invoices, receipts and other similar documents shall not, by themselves, necessarily establish that such expenses were properly incurred.

Section 10: Written Communication.

A. If a park owner or any affected resident wishes to submit written information after their respective cutoff dates, said information must be received by the City Clerk’s Department at least seven (7) days prior to the hearing.

City staff will distribute th e information to the Board members and the affected parties no later than five (5) days prior to the hearing. Any information going to the residents will be given to the designated resident representative.

B. At the rent review hearing concerning the applic ation, the party submitting said written information shall explain in the course of his/her oral testimony why the Board should consider the late presented material, and why it was not presented earlier. Said party shall ask the Board to consider the late presented written material. If the Board wishes to consider such late presented material, the Board shall:

1. Give the opposing party an opportunity to object to the introduction of such new material.

2. After considering any opposition, determine if "good cause exists" to permit the late presented material be made part of the hearing record, and

3. Give the opposing parties and staff an opportunity to respond orally at the hearing to the new material. Depe nding upon the type of written material presented, the Board may also decide to keep the hearing open for a limited period of time in order to permit 164
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the opposing party or staff an opportunity to further review and comment in writing upon the new written material.

C. At a particular hearing, the Board may decide that additional written evidence or testimony is required, and ask that a party or staff submit it to the Board. In those circumstances, it is recommended that the Board:

1. Continue the hearing to a date certain by which time the additional information will be available.

2. Require that the party preparing the additional material give copies of the material to staff at least seven (7) calendar days prior to the date of the continued hearing. City staff will distribute the information to the Board members and the affected parties. Any information going to the residents will be given to the designated resident representative, and

3. Give the opposing parties and staff an opportunity to respond in writing at least three (3) days before the hearing. Depending upon the type of written material, the Board may also decide to keep the hearing open for a limited period of time in order to permit the opposing party or staff more opportunity to review and comment in writing upon the new written material.

Section 11: The Short-Form CPI Rent Increase Application In lieu of using the Long Form Application hearing process and policies set forth herein, a park owner may request an increase using the “short form” process. The following principles for the application review and public hearing process will apply only to the “short form” application:

A. The park owner must use the standard short -form application prepared by the City of Escondido.

B. A short-form application wi ll only be considered if the park owner’s request applies to 100% of all spaces in the park which are subject to rent control.

C. The park owner’s Short-Form CPI Rent Increase Application must be based solely on the change in the CPI as defined in these Guid elines since the last increase granted by the Board. The requested increase under a Short-Form CPI Rent Increase Application may not exceed ninety percent (90%) of the increase in CPI since the last increase granted by the Board, or 8% of the current ren t, whichever is less, subject to the two -year limit in Section I.

D. The Board will consider the Short-Form application at a public hearing. The staff report will not contain analysis of any of the factors required by Section 29 -104(g) of the Rent Control Ordinance other than the change in CPI. In determining whether the amount of the park owner’s requested increase is appropriate, the Board must presume that up to ninety percent (90%) of the CPI is a fair, just, and reasonable rent increase. However, the Board may consider any of the other Rent Control Ordinance factors in Section 29-104(g) at the request of either the park owner or the affected residents in determining that a lesser increase is fair, just, and reasonable.

E. No application fee is required for a Short-Form CPI Rent Increase . Any park owner granted any increase as a result of using the short -form application is exempt from the annual per space administration fee imposed by the City pursuant to Resolution No. 2005- 132, or any successor resolution. The period of exemption applies to those spaces for which 165
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the rent level was set as a result of the Short-Form CPI Rent Increase process, and lasts until another increase is granted by the Board.

F. The City must notify the residents of the park own er’s request for a Short-Form CPI rent increase at least 30 days prior to the hearing. The park owner must provide to the City the names, addresses, and mailing labels for all individuals affected by the application, and the City will mail notice of the application and the date of the hearing to the affected residents.

G. Any interested person will be allowed to speak at the public hearing on their own behalf, and the Board’s consideration of their comments will be limited to the factors set forth in Section 29-104(g) of the Rent Control Ordinance. If residents from a majority of the spaces in the park which are subject to rent control personally appear at any time prior to the close of the public hearing and state their objection to the Short-Form application, the Board shall have the option (after verifying the residency status of those objecting) not to approve the short-form application.

H. If the Board denies a Short-Form CPI Rent Increase application, or grants an increase less than the amount requested i n the application, the owner must be permitted to submit a regular Long Form Application as provided for in these Guidelines and the Rent Control Ordinance. The park owner shall have 30 days from the date of the Board's decision on the Short-Form CPI Rent Increase application to notify the City whether or not they are accepting the decision from the Short Form application, or whether they wish to file a Long Form Application . The filing of a Long Form A pplication shall render all of the proceedings from the Short-Form CPI Rent Increase application null and void.

I. The Short-Form CPI Rent Increase process may not apply to any period in excess of 2 years.

J. No application for a Short-Form CPI Rent Increase will be accepted within a period of one year from the date the last application was deemed complete.

K. The City’s Code Compliance Division will inspect the common areas of the park for health and safety violations, and submit a report concerning the conditi on of the facilities. No increase shall go into effect until any existing code deficiencies are corrected.

L. As a condition of using a Short Form application, the park owner agrees to the following:

1. Upon the closure of an In-place Transfer, or other conveyance of a rent-controlled mobilehome, the park owner may increase the space rent, to the greater of the Average Space Rent plus 8% or the Final Space Rent charged to the Changing Mobilehome Owner plus 8% provided that rent -controlled space rent shall not exceed $950 on July 1, 2020. Beginning in 2021, the City shall adjust the $950 limit each year, on July 1, to reflect any increase in the CPI. Space rents above $950 on July 1, 2020, shall not be automatically decreased because of this Subsection. The 8% vacancy control cap only applies to sales where there is a transfer of ownership from Resident to Resident. If the Park owns the space and the mobilehome, when a new tenant moves in, there is no transfer of ownership and therefore, vacancy control will not apply to that space. The 8% vacancy control cap only applies to In- place Transfers, sales where the same mobilehome remains on the lot.

2. As used herein, the following definitions apply:
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a. “Average Space Rent” means the total amount of rent charged for all spaces in a mobilehome park occupied by a resident owned mobilehome, divided by the number of spaces in the park occupied by a resident owned mobilehome, calculated on the most recent annual rent control survey. b. “Changing Mobilehome Owner” means when mobilehome owner/tenants sell or transfer their mobilehome ownership for an In-place Transfer. c. “Final Space Rent” means the rent charged by the owner to the departing tenant for the final month of rent before the In-place Transfer. d. “In-place Transfer” means the transfer of the ownership of a mobilehome with the mobilehome remaining on the mobilehome lot following the transfer.

3. No increase may be imposed pursuant to this Subsection L when an existing mobilehome owner or resident replaces an existing mobilehome with another mobilehome, occupying the same mobilehome space. However, space rent may be increased to market rate when a park owner also owns the mobilehome or no mobilehome sits on a space.

4. No increase may be imposed pursuant to this Subsection L where title to the mobilehome passes to one or more person(s) who, at the time of the title transfer, (a) was/were also lawful, authorized resident(s) of the mobilehome, or (b) were/are parents, siblings, children, of the mobilehome owner and the mobilehome remains in the same space.

5. Space rent may be increased pursuant to this Subsection L once every twelve months as provided for in the Rent Control Ordinance and these Guidelines.

6. Rent increases authorized by this Section L shall be in addition to any other space rent increases authorized by the Board consistent with the Rent Control Ordinance, these Guidelines, and state law.

7. To ensure effective oversight of vacancy control, each park owner shall submit an accurate and complete annual rent control survey to the City, using a spreadsheet provided by the City, no later than October 15th each year. At a minimum, the annual rent control survey shall identify:
a. each space
b. the tenant’s last name,
c. the amount of monthly rent charged for each space on July 1st, d. a list of itemized utilities included in the space rent, e. the type of space (rent controlled, park owned, long-term leased, vacant, or other),
f. a calculation of the Average Space Rent for spaces occupied by a resident owned mobilehome in the mobilehome park, including both rent controlled and non-rent controlled spaces,
g. the date of the last vacancy control rent increase, and 167
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h. the date of last Short-Form CPI rent increase hearing. The City shall validate the accuracy of the Average Space Rent calculations by making the report available to the public.

8. Park owner agrees to not use the Short-Form CPI Rent Increase application process for five years if the Board determines that the park owner increased space rent beyond the levels provided in this Subsection L. The Board shall consider whether any such increases, based on all of the evidence presented to it, were the result of good faith errors and otherwise unin tentional violations of these Guidelines. A condition for applying for relief from the Board under this subsection is that the park owner has already reversed and refunded any rent increases that exceed the limitations of Subsection L.

Section 12: Board Rules of Order for Hearings.

A. Time of Regular Meetings
The Board shall hold regular meetings at 5:00 p.m. on Wednesdays at the City Hall as scheduled by the Board.

If any regular meeting falls on a holiday, such meeting shall be held on the next business day or on such other day as the Board may designate.

B. Matters Covered
The Board shall not consider any resolution, motion or matter which does not affect the conduct of the business of the City of Escondido or its corporate powers or duties as a municipal corporation nor shall the Board consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of sa id State or nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of Escondido or its offices or employees as such. Such communications shall be provided to the Board on an information basis only.

C. Rules of Order and Procedure
The Board shall comply with the Rules of Order and Procedure applicable to the City Council and adopted by Resolution of the Escondido City Council.

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MOBILEHOME RENT REVIEW BOARD

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CITY OF ESCONDIDO

Section 1: Staff Review.

When a park owner submits an application for a rent increase request, City staff shall review the application to determine whether or not it is complete. Per Section 29-104(d) of the City’s Rent Control Ordinance, Staff must determine whether the application is complete within thirty (30) days of receipt of the application and the application fee, if any. If the application is determined to be incomplete, the park owner shall be notified of the deficiencies. Upon resubmittal, staff will determine whether the application is now complete within thirty (30) days of receipt of additional information provided by the park owner as requested by staff.

Once an application is determined to be complete, staff will mail a notice notify to all affected residents stating that they can review the final application and any supporting documents and that they have thirty (30) days to respond with written comments or other forms of documentation. The applicant and tenant representative(s) will be provided with a copy of these gGuidelines at that time.

Additionally, pursuant to Section 29-104(e) of the Rent Control Ordinance, staff shall provide each Board member a copy of the application once the application is deemed complete.

Any information submitted by the park owner after the application is determined to be complete will not be incorporated into the staff report for the hearing because the residents may not have had an opportunity to review the information during their thirty (30) day review period. (Please see the "Written Communication" section under "Hearing Process" for other policies concerning the submittal of written information.)
Staff will then compile a report for the Rent Review Board which summarizes the application.

The City's Code Enforcement Compliance Division will inspect the common areas of the park and submit a report concerning the condition of the facilities. Also, any past violations and any corrective actions will be reported.

Section 2: Staff Report.

Staff will provide Tthe Rent Review Board members will be given a written staff report which describes the park, summarizes the park owner's application, and analyzes the rent increase request.

A copy of the park owner's final application and the residents' written responses will be attached to the report. If staff retained a consultant to review the application, the consultant’s report will also be attached.

Section 3: Hearing Process.
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While the Rent Review Ordinance spells out certain requirements for the hearing process, it is deemed beneficial to further refine the process so that the Board and the parties involved all have a clear understanding of the hearing process, and will know what to expect on the day of the hearing.

Section 43: Notice of Public Hearing.

Pursuant to Section 29-104(e) of the Rent Control Ordinance, staff will mail a notice of the time, date and place of the hearing toIn accordance with the rent protection ordinance, park residents and the park owner will be noticed at least ten (10) days prior to the hearing date. The Code Enforcement Compliance Division report will shall also be available for public review ten (10) days in advance of the hearing. The staff report will be available for public review when the report is delivered to the Board for review, and the notice will inform the parties of this fact. A copy of the staff report will either be sent by certified mail or picked up by the park owner, and a designated resident representative(s).

Section 54: Staff Presentation.

At the On the date of the hearing, staff will give a brief summary of the staff report and application.

If staff retained a consultant to review the application, the consultant may provide a summary of their analysis and report. The Board members may then ask questions of the staff and consultant.

A representative from the City Attorney's Office will attend meetings to offer legal assistance as needed. Minutes will be taken by the City Clerk staff.

Section 65: Public Input.

Pursuant to Section 29-104(f) of the Rent Control OrdinanceAs specified in the ordinance, the park owner and the affected tenants may offer any testimony that is relevant to the requested rent increase. will be given an opportunity to address the Board. Designated representatives for either party will also be allowed to present testimony. Staff will provide Sslips indicating a "request to speak" are provided at the meeting. The park owners present their testimony first. As detailed in the Rent Control Oordinance, the applicant and affected residents can only offer written information for the first time at the hearing if good cause is shown as to why such evidence was not previously filed with the City Clerk's Department. The Board encourages the applicant and the affected residents to appoint one or two representatives to present information at the hearing.

Time limits for speakers are described in the Guidelines under "Board Rules of Order…Manner of Addressing Board—Time Limit." If the Board determines that they have sufficient information to reach a decision, they will close the hearing. If they require further information, the hearing will be continued to a specified date to allow the parties or staff an opportunity to collect the necessary data.

Once the Board has all the information they deem necessary, they it will close the hearing. Once the hearing is closed, the Board has fifteen (15) days to make a determination. The Board may consider the option of making a determination at the hearing in an attempt to resolve the issue as quickly as possible. Whether or not the Board reaches a decision on the day of the hearing, the Board will be required, under the Brown Act, to deliberate and reach a decision at a public meeting rather than in closed session.

Section 76: Policies Governing Board Review.
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A. A. Eleven Factors. When reviewing rent increase applications not governed by Section M herein, commonly referred to as “Long-Form Applications,” the Board will consider the eleven (11) factors detailed in Section 29-104(g) of the Rent Control Ordinance.

CPI -– Pursuant to Section 29-104(g)(1) of the Rent Control Ordinance, Tthe Board will consider increases in the San Diego Metropolitan Area Consumer Price Index, All Items/All Urban Consumers component as published by the United States Bureau of Labor Statistics (“Bureau”) (“CPI”), as one of the relevant factors, when reviewing an Long Form aApplication for rent increase. If the Bureau changes the geographic reporting area in which the City is located, the Board shall use the most current applicable reporting area established by the Bureau.

In considering increases in the Consumer Price Index, the Board concludes that many components of CPI (such as food, entertainment, medical care, shelter, and apparel & upkeep) do not pertain to the cost of owning and operating a mobilehome park. Therefore, Tthe Board shall take into account no more than ninety percent (90%)60% of increases in the CPI over the relevant review period provided for in Section 29-104(g). which portion of the CPI shall include costs properly associated with the operation of a mobilehome park (such as property taxes, fuel, and utilities).

Section 87: Capital Improvements.

A. Definition and Examples of Capital Improvements - Capital Improvement is defined by Section 1(b) 29-101 of the Mobilehome Space Rent Control Ordinance to mean "the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and/or repairs."

3. Addition of new facilities in a park, such as a new office or utility room, a sauna, a jacuzzi or an addition to a recreation room, are also examples of capital improvements.

5. Portable items, such as pool furniture and landscaping or gardening equipment, do not constitute capital improvements.

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is encouraged to seek the approval of his/her residents for the improvement, prior to the submittal of an application.

B. Capital Improvement/Rehabilitation Work - In any case where a park owner submits a rent increase application that is based in part, or entirely, on the cost of capital improvements and/or rehabilitation work, the staff and/or their consultant Board shall calculate for the Board’s consideration the cost utilizing approved rent increase based on the following:

The work is amortized over the expected life of the improvement. If available, sStandard depreciation tables used by the Internal Revenue Service (“IRS”) to determine deductions for taxes shall be used to determine the expected life of the work. Any increase that is granted shall be temporary over the IRS authorized amortization period unless otherwise noted by the Board. Any Ccapital Iimprovement rent increase shall include interest based either on the actual interest rate charged to the applicant for funds utilized to fund the improvement or, if the cost was not financed, the average rate for thirty-year fixed mortgages plus one (1%) percent, and that the average rate shall be the rate Freddie Mac last published in its weekly Primary Mortgage Market Survey (“PMMS”) as of the date of the initial submission of the application.

At the time an increase is granted, the Board will list separately any increase for capital improvements or rehabilitation work.

Short-Form Capital Improvement Rent Increase - Park Owners may submit a Short-Form Capital Improvement Rent Increase Application (pursuant to Section 12: “Short-Form Capital Improvement Rent Increase Application”) for the replacement, repair, reconstruction or modernization of facilities. Capital Improvements which involve the construction of new facilities may be considered in only a Long Form Application. Capital improvement rent increases submitted via The Short-Form Capital Improvement Rent Increase Application will be subject to Section 12N.

Section 89: Code Violations.

No increase granted for any park shall go into effect until any existing code deficiencies are corrected. Such violations shall not be utilized by the Rent Review Board as a reason for not granting an increase or reducing the amount of a requested increase. A provision regarding the effective date of the Rent Review Board’s action shall be included in each Resolution of the Board approving a rent-increase.

Section 910: General pPolicies gGoverning the Board's dDeliberations and dDetermination.

A. The Park Survey which compares the condition and quality of each park in the City, shall be regularly updated by staff every two years. Park Appraiser shall contact an officer or designee from the organized residents’ group who shall participate in all inspections of the park.

When periodically conducting the Park Survey, the Park aAppraiser shall contact an officer or designee from the organized residents’ group who shall participate in all inspections of the park.

B. To assist in determining a reasonable rate of return, the Board always shall always be provided with information setting forth the rate of return for the applicant mobilehome park since the date the last application for a rent increase was deemed complete based on return on cash investment, return on book value, and maintenance of net operating income. The 173
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Board recognizes that each application must be evaluated on its own facts and that not every rate of return analysis will be relevant in each application. The Board shall consider the facts of each application and, based on those facts and circumstances, may utilize any, all or none of the rate of return analyses in making its determination of what, if any, rent increase may be warranted.

C. In order to avoid repetitive hearings and unreasonable burdens on City staff and Park residents, no application for a rent increase shall be accepted within a period of one year from the date the last application was deemed complete.

D. The Board generally prefers to avoid continuing hearings. All persons wishing to make presentations to the Board should come to the hearing fully prepared.

E. All applications for rent increases shall be accompanied by financial statements covering the period from the date the last application for a rent increase was deemed complete.

G. All applications shall be accompanied by all documents, receipts, invoices and other data which support and substantiate the claims and assertions set forth in the application.

I. Where it determines that an applicant has knowingly falsified any information in the application for a rent increase, the Rent Review Board shall immediately shall suspend further proceedings on the application and no new application for a rent increase shall be accepted for processing for a period of one year from the date of such action.

J. The applicant shall be required to deposit the sum of $5,8007,500 at the time of filing the application with the City. This amount will be used to reimburse the City for costs associated with evaluation of the application and preparation of information regarding the rate of return for the park under criteria established by the Board and to defray the costs of any supplementary work which may be required to insure that the application is complete. This deposit will also be available to pay for analysis of any claims set forth in the application or materials supplied to substantiate claims made in the application to determine their validity and veracity.

Where the deposit is exhausted prior to completion of the review of the rent increase application, no further work on the application shall be conducted until further amounts are deposited, as the Rent Review Board may deem appropriate.

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K. In its evaluation of information submitted to support any application for a rent increase, the Board shall take into account only information, facts and circumstances arising from the date the last application for a rent increase was deemed complete.

L. The applicant shall bear the burden of proof of establishing, on the basis of substantial evidence, all claims set forth in the application including, without limitation, all claims for expenses, depreciation and other costs incurred in connection with the operation of the subject mobilehome park. Invoices, receipts and other similar documents shall not, by themselves, necessarily establish that such expenses were properly incurred.

Section 1011: Written Communication.

City staff will distribute the information to the Board members and the affected parties no later than five (5) days prior to the hearing. Any information going to the residents will be given to the designated resident representative.

B. At the rent review hearing concerning the application, the party submitting said written information shall explain in the course of his/her oral testimony why the Board should consider the late presented material, and why it was not presented earlier. Said party shall ask the Board to consider the late presented written material. If the Board wishes to consider such late presented material, the Board shall:

1. Give the opposing party an opportunity to object to the introduction of such new material.

2. After considering any opposition, determine if "good cause exists" to permit the late presented material be made part of the hearing record, and

3. Give the opposing parties and staff an opportunity to respond orally at the hearing to the new material. Depending upon the type of written material presented, the Board may also decide to keep the hearing open for a limited period of time in order to permit the opposing party or staff an opportunity to further review and comment in writing upon the new written material.

1. Continue the hearing to a date certain by which time the additional information will be available.

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the opposing party or staff more opportunity to review and comment in writing upon the new written material.

Section 1112: The Short-Form CPI Rent Increase Application and Short-Form Capital Improvement Rent Increase Application.

A. In lieu of using the Long Form Application hearing process and policies set forth hereinin Sections 1 through 9, a park owner may request an increase using the “short form” process. The following principles for the application review and public hearing process will apply only to the “short form” application:

B.A. The park owner must use the standard short-form application prepared by the City of Escondido.

C.B. A short-form application will only be considered if the park owner’s request applies to 100% of all spaces in the park which are subject to rent control.

D.C. The park owner’s Short-Form CPI Rent Increase Application request for a rent increase must be based solely on the change in the CPI as defined in these Guidelines San Diego Metropolitan Area Consumer Price Index, All Items/All Urban Consumers component ("CPI") since the last increase granted by the Board. The requested increase under a Short- Form CPI Rent Increase Application may not exceed ninety percent (90%) of the increase in CPI since the last increase granted by the Board, or 8% of the current rent, whichever is less, subject to the two- year limit in Section JI.

E.D. The Board will consider the sShort-fForm application at a public hearing. The staff report will not contain analysis of any of the factors required by Section 29-104(g) of the Rent Protection Control Ordinance other than the change in CPI. In determining whether the amount of the park owner’s requested increase is appropriate, the Board must presume that up to ninety percent (90%) of the Consumer Price IndexCPI is a fair, just, and reasonable rent increase. However, the Board may consider any of the other Ordinance Rent Control Ordinance factors in Section 29-104(g) at the request of either the park owner or the affected residents in determining that a lesser increase is fair, just, and reasonable.

F.E. No application fee is required for a either a Short-Form CPI Rent Increase Application or Short-Form Capital Improvement Rent Increase Applicationshort-form application. Any park owner granted any increase as a result of using the short-form application is exempt from the annual per space administration fee imposed by the City pursuant to Resolution No. 2005-132, or any successor resolution. The period of exemption applies to those spaces for which the rent level was set as a result of the sShort-fForm CPI Rent applicationIncrease process, and lasts until another increase is granted by the Board.

G.F. The City must notify the residents of the park owner’s request for a sShort-fForm CPI rent increase at least 30 days prior to the hearing. The park owner must provide to the City the names, addresses, and mailing labels for all individuals affected by the application, and the City will mail notice of the application and the date of the hearing to the affected residents.

H.G. Any interested person will be allowed to speak at the public hearing on their own behalf, and the Board’s consideration of their comments will be limited to the factors set forth in Section 29-104(g) of the Rent Protection Control Ordinance. If residents from a majority of the spaces in the park which are subject to rent control personally appear at any time prior to the close of the public hearing and state their objection to the sShort-fForm 176
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application, the Board shall have the option (after verifying the residency status of those objecting) not to approve the short-form application.

I.H. If the Board denies a sShort- fForm CPI Rent Increase application, or grants an increase less than the amount requested in the short-form application, the owner must be permitted to submit a regular Long Form aApplication as provided for in these Guidelines and the Rent Control Ordinancepursuant to Sections 1 through 10. The park owner shall have 30 days from the date of the bBoard's decision on the sShort-fForm CPI Rent Increase application to notify the City whether or not they are accepting the decision from the Sshort fForm application, or whether they wish to file a Long Form Applicationregular application. The filing of a Long Form regular aApplication shall render all of the proceedings from the sShort-F form CPI Rent Increase application null and void.

J.I. The sShort- fForm CPI Rent Increase process may not apply to any period in excess of 2 years.

K.J. No application for a Short-Form CPI Rent Increase short-form rent increase will be accepted within a period of one year from the date the last application was deemed completesubmitted.

L.K. The City’s Code Enforcement Compliance Division will inspect the common areas of the park for health and safety violations, and submit a report concerning the condition of the facilities. No increase shall go into effect until any existing code deficiencies are corrected.

M.L. As a condition of using a sShort fForm application, the park owner agrees to the following:

1. Upon the closure of an iIn-place tTransfer, or other conveyance of a rent-controlled mobilehome, the park owner may increase the space rent, to the greater of the Average Space Rent plus up to 8% or the Final Space Rent charged to the Changing Mobilehome Owner plus up to 8% provided up to and including, eight percent (8%) of the Average space rent or eight percent (8%) of the Final space rent. Park owner further agrees that rent-controlled space rent shall not exceed $950 on July 1, 2020.

Beginning in 2021, the City shall adjust the $950 limit each year, on July 1, to reflect any increase in the CPI. Space rents above $950 on July 1, 2020, shall not be automatically decreased because of this Subsection. The 8% vacancy control cap only applies to sales where there is a transfer of ownership from Resident to Resident. If the Park owns the space and the mobilehome, when a new tenant moves in, there is no transfer of ownership and therefore, vacancy control will not apply to that space. The 8% vacancy control cap only applies to “iIn-place” tTransfers, sales where the same mobilehome remains on the lot.

2. As used herein, the following definitions apply:
a. “Average sSpace rRent” means the total amount of rent charged for all spaces in a mobilehome park occupied by a resident owned mobilehome, divided by the number of spaces in the park occupied by a resident owned mobilehome, calculated on the most recent annual rent control survey. a.b. “Changing Mobilehome Owner” means when mobilehome owner/tenants sell or transfer their mobilehome ownership for an In-place tTransfer. b.c. “Final sSpace rRent” means the rent charged by the owner to the departing tenant for the final month of rent before the iIn-place tTransfer. 177
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c.d. “In-place tTransfer” means the transfer of the ownership of a mobilehome with the mobilehome remaining on the mobilehome lot following the transfer.

3. No increase may be imposed pursuant to this Subsection ML when an existing mobilehome owner or resident replaces an existing mobilehome with another mobilehome, occupying the same mobilehome space. However, space rent may be increased to market rate when a park owner also owns the mobilehome or no mobilehome sits on a space.

4. No increase may be imposed pursuant to this Subsection ML where title to the mobilehome passes to one or more person(s) who, at the time of the title transfer, (a) was/were also lawful, authorized resident(s) of the mobilehome, or (b) were/are parents, siblings, children, of the mobilehome owner and the mobilehome remains in the same space.

5. Space rent may be increased pursuant to this Subsection ML once every twelve months as provided for in the Rent Control Ordinance and these Guidelines.

6. Rent increases authorized by this regulation Section L shall be in addition to any other space rent increases authorized by the City of Escondido’s Mobilehome Rent Review Board consistent with the Rent Control Ordinance, these Guidelines, and state law.

7. To ensure effective oversight of vacancy control, each park owner shall submit an accurate and complete annual rent control survey to the City, using a spreadsheet provided by the City, no later than October 15th each year. At a minimum, the annual rent control survey shall identify:
a. each space
b. the tenant’s last name,
c. the amount of monthly rent charged for each space on July 1st, d. a list of itemized utilities included in the space rent, e. the type of space (rent controlled, park owned, long-term leased, vacant, or other),
f. a calculation of the Average sSpace rRent for spaces occupied by a resident owned mobilehome in the mobilehome park, including both rent controlled and non-rent controlled spaces,
g. the date of the last vacancy control rent increase, and h. the date of last sShort-fForm CPI rent increase hearing. The City shall validate the accuracy of the Average sSpace rRent calculations by making the report available to the public.

8. Park owner agrees to not use of the sShort-F form CPI Rent Increase application process for five years if the City’s Mobilehome Park Rent Review Board determines that the park owner increased space rent beyond the levels provided in this Subsection ML. The Board shall consider whether any such increases, based on all of the evidence presented to it, were the result of good faith errors and otherwise unintentional violations of these Guidelines. A condition for applying 178
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for relief from the Board under this subsection is that the A park owner who is not qualified to use the short form application process under Subsection M may utilize the short form process by has already reversed and refunded reversing and refunding any rent increases that exceed the limitations of Subsection ML.

Pursuant to Section 8C, Park owners may submit for a Short-Form Capital Improvement Rent Increase.

The Capital Improvement must meet the criteria for a Capital Improvement as outlined in Section 8A “Definition and Examples of Capital Improvements”.

The rent increase will be calculated as outlined in Section 8B “Capital Improvement/Rehabilitation Work”.

Any Capital Improvement Rent Increases are separate and in addition to any approved Short-Form CPI Rent Increases and are not subject to the limitations of a Short-Form CPI Rent Increase.

A park owner may submit a Short-Form Capital Improvement Rent Increase Application and a Short-Form CPI Rent Increase Application in the same year through the same application.

Section 13: Board Rules of Order for Hearings.

A. Time of Regular Meetings
The Board shall hold regular meetings at 4:305:00 p.m. on Wednesdays at the City Hall as scheduled by the Board.

If any regular meeting falls on a holiday, such meeting shall be held on the next business day or on such other day as the Board may designate.

B. Matters Covered
The Board shall not consider any resolution, motion or matter which does not affect the conduct of the business of the City of Escondido or its corporate powers or duties as a municipal corporation nor shall the Board consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of said State or nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of Escondido or its offices or employees as such. Such communications shall be provided to the Board on an information basis only.

C. Rules of Order and Procedure
The Board shall comply with the Rules of Order and Procedure applicable to the City Council and adopted by Resolution of the Escondido City Council.

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Escondido City CouncilAugust 14, 2024

Escondido City Council
August 14, 2024