Agenda packet — Escondido City Council, April 16, 2025 (part 1 of 2)

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, APRIL 16, 2025
4:00 PM - Closed Session (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
Consuelo Martinez (District 1)

COUNCILMEMBERS
Joe Garcia (District 2)
Christian Garcia (District 3)
Judy Fitzgerald (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, April 16, 2025

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, April 16, 2025

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: Fitzgerald, C. Garcia, J. Garcia, Martinez, White

PROCLAMATIONS
Volunteer Appreciation Month
Fair Housing Month

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, April 16, 2025

2. APPROVAL OF WARRANT REGISTER
Request the City Council approve the City Council and Housing Successor Agency warrants issued between March 31, 2025 to April 6, 2025.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance)

3. APPROVAL OF MINUTES: Special Meeting of March 5, 2025, Regular Meetings of March 19, 2025, March 26, 2025, April 2, 2025, and April 9, 2025

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. SECOND AMENDMENT TO MATRIX CONSULTING GROUP, LTD. IN THE AMOUNT OF $300,000 FOR THE

DEVELOPMENT SERVICES STREAMLINING PROJECT
Request the City Council approve the Second Amendment to the Consulting Services Agreement with Matrix Consulting Group, Ltd. in the amount of $300,000 for the Development Services Streamlining Project and authorize a Budget Adjustment.

Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Megan Crooks, Management Analyst II
a) Resolution No. 2025-31

6. PL24-0358 – OUT-OF-AGENCY SEWER SERVICE AGREEMENT FOR 455 BEAR VALLEY PARKWAY Request the City Council adopt Resolution No. 2025-35, authorizing the Mayor to execute an Out-of- Agency Sewer Service Agreement for an approximate 1.37-acre unincorporated property located at 455 Bear Valley Parkway (APN 239-051-03-00).

4 Wednesday, April 16, 2025

7. REQUEST FOR AUTHORIZATION TO FILE A SMART GROWTH INCENTIVE PROGRAM GRANT

APPLICATION FOR GRANT FUNDS AND ACCEPTANCE OF TERMS OF GRANT AGREEMENT Request the City Council adopt Resolution No. 2025-32, authorizing the Development Services Department to submit an application for the Smart Growth Incentive Program grant application and accept the terms of the grant agreement.

8. CONTINUING THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN Request the City Council adopt Resolution No. 2025-30, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The resolution, which must be passed by four- fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property.

Staff Recommendation: Approval (Utilities Department: Angela Morrow, Director of Utilities) Presenter: Stephanie Roman, Assistant Director of Utilities, Construction and Engineering a) Resolution No. 2025-30

9. CONSULTING AGREEMENT WITH NATIONAL PUBLIC SAFETY GROUP Request the City Council adopt Resolution No. 2025-34 approving a consulting agreement with National Public Safety Group in the amount of $282,428 for a needs assessment, assistance with procurement, and project management of a new Computer Aided Dispatch (“CAD”) system; and authorize the Mayor to execute contract documents on behalf of the City.

Staff Recommendation: Approval (Police Department: Ryan Banks, Interim Chief of Police) Presenters: Ryan Banks, Interim Chief of Police and Erik Witholt, Police Captain a) Resolution No. 2025-34

5 Wednesday, April 16, 2025

10. FIRST AMENDMENT TO SETTLEMENT AGREEMENT AND CONSENT TO RECORDATION OF SECOND

AMENDED EASEMENT DEED
Request the City Council adopt Resolution No. 2025-36 (1) giving the City Manager authority to execute a First Amendment to Settlement Agreement in the City of Escondido v. Patterson Litigation; and (2) consenting to and accepting a Second Amended Easement Deed in real property for recordation with the San Diego County Assessor/Recorder/County Clerk.

Staff Recommendation: Approval (City Attorney’s Office: Michael McGuinness, City Attorney) Presenter: Michael McGuinness, City Attorney
a) Resolution No. 2025-36

PUBLIC HEARING

11. FISCAL YEAR 2025-2029 FIVE-YEAR CONSOLIDATED PLAN AND FISCAL YEAR 2025-2026 ONE-YEAR

ACTION PLAN FOR CDBG AND HOME FUNDS
Request the City Council of the City of Escondido conduct a public hearing to approve new community development, housing, and homeless priorities to be adopted in the 2025-2029 Five-Year Consolidated Plan. Approve an allocation process for Fiscal Year 2025-2026 CDBG funds. Authorize the release of a Request for Proposals (“RFP”) for public service and community redevelopment activities. Approve an allocation process for Fiscal Year 2025-2026 HOME funds and approve an allocation process for Fiscal Year 2025-2026 ESG funds, if applicable.

Staff Recommendation: Approval (Development Services Department: Chris McKinney, Deputy City Manager/Interim Director of Development Services)
Presenter: Danielle Lopez, Housing & Neighborhood Services Manager

6 Wednesday, April 16, 2025

CURRENT BUSINESS

12. TEMPORARY RELOCATION OF LIBRARY SERVICES
Request the City Council approve $828,000 in funding for the expenses associated with the temporary relocation of Library Services during the Escondido Public Library Critical Infrastructure and Modernization Project.

Staff Recommendation: Approval (Community Services Department & Economic Development: Jennifer Schoeneck, Director of Economic Development)
Presenters: Robert Rhoades, Assistant Director of Community Services and Francisco Vargas, Management Analyst
a) Resolution No. 2025-33
b) Resolution No. 2025-26
c) Resolution No. 2025-39

FUTURE AGENDA

13. 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 REPORT
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development.

ADJOURNMENT

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.

UPCOMING MEETING SCHEDULE
Wednesday, May 07, 2025 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, May 14, 2025 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers 8 Consent Item No. 1 April 16, 2025

A F F I D A V I T S

I T E M

P O S T I N G –

 FISCAL YEAR 2025-2029 FIVE-YEAR CONSOLIDATED PLAN AND FISCAL YEAR 2025-2026 ONE-YEAR ACTION PLAN FOR CDBG AND

HOME FUNDS
9 Item1.

CITY OF ESCONDIDO

NOTICE OF PUBLIC HEARING

REVIEW COMMUNITY DEVELOPMENT PRIORITIES
FOR THE 2025-2029 CONSOLIDATED PLAN AND ADOPTION OF ALLOCATION PROCESS FOR FY 2025-2026
NOTICE OF 10-DAY PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Escondido City Council will hold a public hearing on Wednesday, April 16, 2025 at 5 p.m. in the City Council Chambers, Escondido City Hall, 201 N. Broadway, Escondido, CA 92025, to review the community priorities for the Fiscal Years (“FY”) 2025-2029 Consolidated Plan for the Community Development Block Grant (“CDBG”) and Home Investment Partnership Program (“HOME”) funds for FY 2025-2026 activities.

The Five-Year Consolidated Plan is a requirement of the U.S. Department of Housing and Urban Development (HUD), the Consolidated Plan is a five-year blueprint for addressing the needs of low-income individuals, families and neighborhoods. The five-year plan identifies priority areas for the expenditure of federal funds to benefit low- and moderate-income individuals. The One-Year Action Plan specifies the actions the City plans to take, and how CDBG and HOME funds will be allocated during the specified fiscal year to achieve the affordable housing and communi ty development priorities and objectives of the Consolidated Plan.

The City encourages all residents to participate in the development and/or review of the 2025-2029 Consolidated Plan and of the FY 2025-2026 Annual Action Plan.

The Plan is available for a public review on the City’s website at Servicios de Vivienda y Vecindarios | Escondido, CA or the Housing and Neighborhood Services Division at Escondido City Hall at 201 N.

Broadway, Escondido. Further information may be obtained by contacting Dulce Salazar at 760-839-4057 or [email protected] in the Housing and Neighborhood Services Division.

If y
ou challenge the item described above in court, you may be limited to raising only those issues that you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Escondido City Council at or prior to the hearing.

PUBLIC COMMENT: To submit comments in writing, please do so at the following link: https://escondido- ca.municodemeetings.com/bc-citycouncil/webform/public-comment.

All comments received from the public will be made a part of the record of the meeting.

The City of Escondido remains committed to comp lying with the American s with Disabilities Act (“ADA”). Qualified individuals with disabilities who wish to participate in City programs, services, or activities and who need accommodations are invited to present their requests to the City by filing out a Request for Accommodations Form or an Inclusion Support Request Form for Minors, or by calling 760- 839-4643, preferably at least 72 hours in advance of the event or activity. Forms can be found on the City’s website at: Risk & Safety / ADA | Escondido, CA.

Zack B
eck, City Clerk
City of Escondido
Dated: April 3, 2025

Published in THE ESCONDIDO TIMES-ADVOCATE: 4/3/25
10 Item1.

CIUDAD D

E ESCONDIDO
AVISO DE AUDIENCIA PÚBLICA

REVISAR LAS PRIORIDADES DE DESARROLLO COMUNITARIO
PARA EL PLAN CONSOLIDADO DEL 2025-2029 Y ADOPCIÓN DEL PROCESO DE ASIGNACIÓN DE FONDOS PARA EL AÑO FISCAL 2025-2026
AVISO DE AUDIENCIA PÚBLICA DE 10 DÍAS
POR LA PRESENTE SE NOTIFICA que el Concejo Municipal de Escondido realizará una audiencia pública el miércoles 16 de abril de 2025 a las 5 p.m. en la Sala Consistorial del Concejo Municipal, Ayuntamiento de Escondido, 201 N. Broadway, Escondido, CA 92025, para revisar las prioridades de la comunidad para el Plan Consolidado de los Años Fiscal 2025-2029 para los fondos de Subvenciones en Bloque de Desarrollo Comunitario (“CDBG”) y Programa de Asociaciones de Inversión (“HOME”) para las actividades del Año Fiscal 2025-2026.

El Plan Consolidado de cinco años es un requisito del Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD), el Plan Consolidado de cinc o años es un plan de acci ón para dirigirse a las necesidades de personas con ingresos bajos a modera dos, familias y vecindarios. El plan de cinco años identifica las áreas de prioridad para el gasto de fondos federales para beneficiar a personas con ingresos bajos y moderados. El Plan de Acción de un Año especi fica las acciones que la Ciudad planea realizar y como se asignaran los fondos de CDBG y HOME durante el año fiscal especificado para cumplir con las prioridades y objetivos de desarrollo comunitario y vivienda económica del Plan Consolidado de cinco años.

La Ciudad anima a todos los residentes a participar en el desarrollo y revisión del Plan Consolidado del 2025-2029 y el Plan de Acción Anual para el año fiscal 2025-2029.

Este Plan está disponible para revisión en el sitio web de la Ciudad en Servicios de Vivienda y Vecindarios | Escondido, CA o en la División de Servicios de Vivienda y Vecindarios en el Ayuntamiento de Escondido en 201 N. Broadway, Escondido. Se puede obtener más información comunicándose con Dulce Salazar al 760-839-4057 o [email protected] en la División de Vivienda y Servicios al Vecindario.

S
i cuestiona el elemento descrito anteriormente ante una corte, podría quedar limitado a proponer solo aquellos asuntos que usted u otra persona haya propuesto en la audiencia pública descrita en este aviso, o en la correspondencia escrita entregada al Concejo Municipal de Escondido durante o antes de la audiencia.

COMENTARIO PÚBLICO: para enviar comentarios por escrito, hágalo en el siguiente enlace: https://escondido-ca.municodemeetings.com/bc-citycouncil/webform/public-comment . Todos los comentarios recibidos del público formarán parte de la junta.

La Ciudad de Escondido sigue comprometida a cumplir con la Ley de Estadounidenses con Discapacidades (ADA). Las personas calificadas con discapacidades qu e deseen participar en programas, servicios o actividades de la Ciudad y que necesiten adecuaciones están invitadas a presentar sus solicitudes a la Ciudad llenando un Formulario de Solicitud de Adecuaciones o un Formulario de Solicitud de Apoyo de Inclusión para Menores, o llamando al 760-839-4643, preferiblemente al menos 72 horas antes del evento o actividad. Los formularios se pueden encontrar en el sitio web de la Ciudad en: Riesgo Y Seguridad / ADA | Escondido, CA.

Zack Beck, City Clerk
Ciudad de Escondido
Fechada: 3 de abril, 2025

Published in THE ESCONDIDO TIMES-ADVOCATE: 4/3/25
11 Item1.

STAFF REPORT

April 16, 2025
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER

DEPARTMENT
Finance

RECOMMENDATION
Approval for City Council and Housing Successor Agency warrants issued between March 31, 2025 to April 6, 2025
Staff Recommendation: Approval (Finance Department: Christina Holmes) ESSENTIAL SERVICE – Internal requirement per Municipal Code Section 10 COUNCIL PRIORITY –

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

Dates 03/31/2025 to 04/06/2025
Total $5,590,541.73
Number of Warrants 202

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. 12 Item2.

March 5, 2025 Escondido City Council Minutes Page 1 of 2

SPECIAL SESSION
3:30 PM

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

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

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

ORAL COMMUNICATIONS
None

WORKSHOP

1. COUNCIL VISION WORKSHOP
The City Council will hold a facilitated workshop to establish key priorities for the future of Escondido, focusing on ensuring the continued delivery of essential services. The conversation will initiate the discussion on how the new revenue generated by the passage of Measure I can be strategically allocated to support the City’s most critical needs. Council members will explore essential services, community priorities, organizational operations, and policy proposals.

Summary: The City Council affirmed key priorities for the City Manager to execute in order to transform organizational operations and better serve the community. The Council supported initiatives focused on improving customer service, restoring organizational capacity, and aligning organizational efforts with Council goals, such as public safety, business development, and community growth. The City Manager was tasked with taking actionable steps, including improving staffing levels, enhancing cross-departmental collaboration, and developing clear success metrics. The FY 2025-2026 Budget will be adjusted to support these priorities, with a focus on customer service initiatives, public safety investments, and 13 Item3.

March 5, 2025 Escondido City Council Minutes Page 2 of 2

community development projects. This plan aims to strengthen operational efficiency, attract talent and businesses, and ensure long-term prosperity for Escondido.

ORAL COMMUNICATIONS
None

ADJOURNMENT
Mayor White adjourned meeting at 6:05 p.m.

______________________________ _______________________________

MAYOR CITY CLERK
14 Item3.

March 19, 2025 Escondido City Council Minutes Page 1 of 5

CLOSED SESSION
4:00 PM

CALL TO ORDER

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

ORAL COMMUNICATIONS
None

CLOSED SESSION

I. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) a. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Police Officers' Association Sworn Personnel Bargaining Unit b. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Firefighters Association Safety and Non-Safety Bargaining Unit

ADJOURNMENT

Mayor White adjourned the meeting at 4:45 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

15 Item3.

March 19, 2025 Escondido City Council Minutes Page 2 of 5

REGULAR SESSION
5:00 PM Regular Session

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

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

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

CLOSED SESSION REPORT

CERTIFICATES OF RECOGNITION
Dr. Netria D. Carol, Olga Piro, and Christine Hayworth

ORAL COMMUNICATIONS
None

CONSENT CALENDAR
Motion: White; Second: Fitzgerald; Approved: 5-0

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

2. APPROVAL OF WARRANT REGISTER (COUNCIL)
Request the City Council approve the City Council and Housing Successor Agency warrant numbers:
 391386 – 391524 & 24 EFT Transactions dated February 19, 2025  391525 - 391713 & 51 EFT Transactions dated February 26, 2025  391714 – 391908 & 51 EFT Transactions dated March 05, 2025 16 Item3.

March 19, 2025 Escondido City Council Minutes Page 3 of 5

Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: Special Meeting Minutes of January 29, 2025, Regular Meeting Minutes of February 19, 2025, and February 26, 2025

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. REQUEST FOR AUTHORIZATION TO PROCESS AN APPLICATION FOR ANNEXATION OF TWO PARCELS (PL24-0343)
Request the City Council authorize the intake and processing of an application for annexation of two unincorporated parcels to the City of Escondido to allow for a residential development. (File Number 0850-20)
Staff Recommendation: Approval (Development Services Department: Christopher W.

McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Robert Barry, Senior Planner

6. PL25-0035 – AUTHORIZATION TO PROCESS AN AMENDMENT TO THE GENERAL PLAN LAND

USE AND COMMUNITY FORM CHAPTER TO MODIFY THE PLANNED OFFICE DESIGNATION TO

URBAN IV FOR TWO PARCELS IN THE FELICITA CORPORATE OFFICE TARGET AREA Request the City Council authorize the intake and processing of an amendment to the General Plan Land Use and Community Form Chapter to allow for a modification of the General Plan Land Use designation for two vacant parcels within the Felicita Corporate Office Target Area from Planned Office (PO) to Urban IV (U4), which permits 16.8 to 24 dwelling units per acre (du/ac). (File Number 0830-20)
Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Robert Barry, Senior Planner

7. BUDGET ADJUSTMENT REQUEST
Request the City Council adopt a Budget Adjustment in the amount of $70,000 to amend the Fiscal Year 2024/25 operating budget. (File Number 0430-80) Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Jen Conway, Management Analyst II

8. CONTINUING THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN Request the City Council adopt Resolution No. 2025-14, declaring that pursuant to the terms 17 Item3.

March 19, 2025 Escondido City Council Minutes Page 4 of 5

of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The Resolution, which must be passed by four-fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property. (File Number 1330-85) Staff Recommendation: Approval (Utilities Department: Angela Morrow, Director of Utilities) Presenter: Kyle Morgan, Assistant Director of Utilities, Wastewater a) Resolution No. 2025-14

9. AWARD A CONTRACT TO PURCHASE AND INSTALL THE DIXON LAKE RANGER STATION

TRAILER
Request the City Council adopt Resolution No. 2025-20 awarding the purchase and installation contract for the replacement of the Dixon Lake Ranger Station Trailer Project (“Project”) to Atlas Performance Industries, Inc. and authorizing the Mayor, on behalf of the City, to execute a Public Improvement Agreement in the amount of $398,648.53. (File Number 0600-10; A-3543)
Staff Recommendation: Approval (Public Works Department and Utilities Department:

Joseph Goulart, Director of Public Works and Angela Morrow, Director of Utilities) Presenter: Ed Vasquez, Project Manager

a) Resolution No. 2025-20

CURRENT BUSINESS

10. BOARD AND COMMISSION TERM EXTENSIONS
The City Clerk’s Office respectfully requests that the City Council extend the terms of the following Board and Commission members until May 31, 2025: (File Number 0120-10)  Building and Advisory Appeals Board – Michael Delaney  Library Board of Trustees – Carolyn Clemens, John Schwab  Public Art Commission – Carol Rogers, Terri Ryan, Juan Vargas  Transportation and Community Safety Commission – Lori Hatley Staff Recommendation: Approval (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
Motion: White; Second: J. Garcia; Approved: 5-0
18 Item3.

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11. MEASURE I CITIZENS’ OVERSIGHT COMMITTEE APPOINTMENTS Request the City Council appoint the following candidates to the Measure I Citizens’ Oversight Committee: (File Number 0120-15)
 Business Seat: Carol Rogers
 At-Large Seat: Sabrina Covington
 Alternate Seat: Karl Edward Trujillo
Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
Motion: White; Second: C. Garcia; Approved: 5-0

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)

ORAL COMMUNICATIONS
None

ADJOURNMENT
Mayor White adjourned the meeting at 5:36 p.m.

______________________________ _______________________________

MAYOR CITY CLERK
19 Item3.

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REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION
City Council agendas allow an opportunity for a moment of silence and reflection at the beginning of the evening meeting. The City does not participate in the selection of speakers for this portion of the agenda, and does not endorse or sanction any remarks made by 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: Fitzgerald, C. Garcia, J. Garcia, Martinez, White

CLOSED SESSION REPORT
None

ORAL COMMUNICATIONS
None

CONSENT CALENDAR
Motion: White; Second: C. Garcia; Approved: 5-0

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

2. APPROVAL OF WARRANT REGISTER (COUNCIL)
Request approval for City Council and Housing Successor Agency warrant numbers:
 391924 - 391927 & 3 EFT Transactions dated March 10, 2025  391909 - 392070 & 4 EFT Transactions dated March 12, 2025  42 EFT Transactions dated March 14, 2025
Staff Recommendation: Approval (Finance Department: Christina Holmes) 20 Item3.

March 26, 2025 Escondido City Council Minutes Page 2 of 4

3. APPROVAL OF MINUTES: None

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ESCONDIDO AND THE ESCONDIDO FIREFIGHTERS’ ASSOCIATION – SAFETY AND NON-SAFETY PERSONNEL

BARGAINING UNIT
Request the City Council adopt Resolution No. 2025-24, approving a one-year extension to the Memorandum of Understanding (“MOU”) between the City of Escondido (“City”) and the Escondido Firefighters’ Association – Safety and Non-Safety Personnel Bargaining Unit (“Association”), commencing January 1, 2025, through December 31, 2025. (File Number 0740-30)
Staff Recommendation: Approval (Human Resources Department: Jessica Perpetua, Director of Human Resources)
Presenter: Jessica Perpetua, Director of Human Resources a) Resolution No. 2025-24

6. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ESCONDIDO AND THE ESCONDIDO POLICE OFFICERS’ ASSOCIATION – SWORN PERSONNEL Request the City Council adopt Resolution No. 2025-25, approving a two-year Memorandum of Understanding (“MOU”) between the City of Escondido (“City”) and the Escondido Police Officers’ Association - Sworn Personnel (“Association”), commencing January 1, 2025, through December 31, 2026. (File Number 0740-30)
Staff Recommendation: Approval (Human Resources Department: Jessica Perpetua, Director of Human Resources)
Presenter: Jessica Perpetua, Director of Human Resources a) Resolution No. 2025-25

CURRENT BUSINESS

7. APPEAL BY TTRLFG, LLC, OF BUILDING ADVISORY AND APPEAL BOARD’S DECISION DENYING TTRLFG, LLC’S APPEAL OF AMENDED NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE (SUBSTANDARD BUILDING)
Request the City Council adopt Resolution No. 2025-23 denying Appellant TTRLFG, LLC’s (“Appellant”) appeal and upholding the Building Advisory and Appeals Board’s decision denying Appellant’s appeal of the Building Official’s issuance of an Amended Notice and Order to Abate a Public Nuisance (Substandard Building). (File Number 0610-75) 21 Item3.

March 26, 2025 Escondido City Council Minutes Page 3 of 4

Staff Recommendation: Denial of Appeal (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services; City Attorney's Office: Michael R. McGuinness, City Attorney)
Presenters: Anthony Mullins, Code Compliance Manager; Brenna Miller, Deputy City Attorney a) Resolution No. 2025-23
Motion to deny the appeal: White; Second: C. Garcia; Approved: 5-0

8. PL25-0043 – 2024 HOUSING ELEMENT ANNUAL PROGRESS REPORT Request the City Council receive and file the 2024 calendar year annual progress report for the General Plan Housing Element (“Housing Element APR”). (File Number 0875-70) Staff Recommendation: Receive and File (Development Services Department: Christopher W.

McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Pricila Roldan, Associate Planner

9. FEASIBILITY STUDY FOR THE DEVELOPMENT OF THE AGTECH INNOVATION CENTER IN

ESCONDIDO, CALIFORNIA
Request the City Council Receive and File the feasibility study created by the Vine Institute analyzing the potential for the development of the AgTech Innovation Center in Escondido. (File Number 0865-60)
Staff Recommendation: Receive and File (Economic Development Department: Jennifer Schoeneck, Director of Economic Development)
Presenter: Jennifer Schoeneck, Director of Economic Development Eddie Grangetto – Expressed support for this item and requested an opportunity to present a project related to avocados in Escondido at a future Council Meeting.

Chuck Samuelson – Expressed support for this item.

Neil Bloom – Expressed support for this item.

Tracie Barham – Expressed support for this item.

FUTURE AGENDA

10. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of 22 Item3.

March 26, 2025 Escondido City Council Minutes Page 4 of 4

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)

ORAL COMMUNICATIONS
None

ADJOURNMENT
Mayor White adjourned the meeting at 6:38 p.m.

______________________________ _______________________________

MAYOR CITY CLERK
23 Item3.

April 2, 2025 Escondido City Council Minutes Page 1 of 6

CLOSED SESSION
4:00 PM

CALL TO ORDER

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

ORAL COMMUNICATIONS
None

CLOSED SESSION
I. CONFERENCE WITH LEGAL COUNSEL– ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2))

(a) Interins Exchange of the Automobile Club (AAA)
City of Escondido Claim No. 5861
II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) (a) Property: 137-151 W. Valley Pkwy, Escondido
Agency Negotiator: Sean McGlynn, City Manager, or designees Negotiating Party: Touchstone MF Fund I, LLC and/or KB Escondido, LLC Under Negotiation: Terms of First Amended Purchase & Sale Agreement (b) Property: 340 N. Escondido Blvd., Escondido (California Center for the Arts, Escondido) Agency Negotiator: Sean McGlynn, City Manager, or designees Negotiating Party: California Center for the Arts, Escondido Under Negotiation: Terms of Management Agreement

ADJOURNMENT
Mayor White adjourned the meeting at 4:45 p.m.

______________________________ _______________________________

MAYOR CITY CLERK
24 Item3.

April 2, 2025 Escondido City Council Minutes Page 2 of 6

REGULAR SESSION
5:00 PM Regular Session

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

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

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

CLOSED SESSION REPORT
CONFERENCE WITH LEGAL COUNSEL– ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2)) Interins Exchange of the Automobile Club (AAA)
City of Escondido Claim No. 5861

Settlement Amount $8,749.98: Approved 5-0
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) Property: 137-151 W. Valley Pkwy, Escondido
Agency Negotiator: Sean McGlynn, City Manager, or designees Negotiating Party: Touchstone MF Fund I, LLC and/or KB Escondido, LLC Under Negotiation: Terms of First Amended Purchase & Sale Agreement

25 Item3.

April 2, 2025 Escondido City Council Minutes Page 3 of 6

1-Year Extension: Approved 4-1

ORAL COMMUNICATIONS
None

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

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

2. APPROVAL OF WARRANT REGISTER (COUNCIL)
Request the City Council approve the City Council and Housing Successor Agency warrants issued between March 17, 2025 to March 23, 2025.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance)

3. APPROVAL OF MINUTES: None

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. CHANGE ORDER NO. 1 TO PURCHASE ORDER AGREEMENT NO. 39822 INCREASING THE

ANNUAL PURCHASE AMOUNT OF FERRIC SULFATE FOR THE WATER TREATMENT PLANT Request the City Council adopt Resolution No. 2025-17, authorizing the Finance Department to execute a change order increasing the annual purchase order for Ferric Sulfate by $570,000. (File Number 0470-25)
Staff Recommendation: Approval (Utilities Department: Angela Morrow, Director of Utilities) Presenter: Reed Harlan, Assistant Director of Utilities - Water a) Resolution No. 2025-17

6. CHANGE ORDER NO. 4 TO PURCHASE ORDER AGREEMENT NO. 39330 INCREASING THE

ANNUAL PURCHASE AMOUNT FOR HAULING AND BENEFICIAL REUSE OF BIOSOLIDS BY $160,000 AND APPROVE THE FIRST ONE YEAR OPTION TO RENEW FOR FISCAL YEAR 2025/26
Request the City Council adopt Resolution No. 2025-18, authorizing the Finance Department to execute a change order increasing annual purchase order for the hauling and beneficial reuse of Hale Avenue Resource Recovery Facility (“HARRF”) biosolids by $160,000 and authorizing the City Manager to execute an amendment to the Public Service Agreement with 26 Item3.

April 2, 2025 Escondido City Council Minutes Page 4 of 6

Tule Ranch/ Western Express Transporter’s, Inc./ Ag Tech LLC, to exercise the first one-year option to renew for the hauling and beneficial reuse of biosolids from the HARRF for fiscal year 2025/26. (File Number 0600-10; A-3218-2)
Staff Recommendation: Approval (Utilities Department: Angela Morrow, Director of Utilities) Presenter: Kyle Morgan, Assistant Director of Utilities, Wastewater a) Resolution No. 2025-18

7. CONTINUING THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN Request the City Council adopt Resolution No. 2025-19, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The Resolution, which must be passed by four-fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property. (File Number 1330-85) Staff Recommendation: Approval (Utilities Department: Angela Morrow, Director of Utilities) Presenter: Kyle Morgan, Assistant Director of Utilities, Wastewater a) Resolution No. 2025-19

8. AWARD CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS AT E. WASHINGTON AVENUE AND N. ROSE STREET Request the City Council adopt Resolution No. 2025-22 awarding a construction contract for the Traffic Signal and Intersection Improvements at E. Washington Avenue and N. Rose Street to HMS Construction Inc., and authorizing the Mayor, on behalf of the City, to execute a Public Improvement Agreement in the amount of $575,000 to complete the work. (File Number 0600-10; A-3544)
Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services, and Jonathan Schauble, City Engineer)
Presenter: Ed Vasquez, Project Manager
a) Resolution No. 2025-22

9. AWARD CONSTRUCTION CONTRACT FOR THE ANNUAL STREET REHABILITATION AND

MAINTENANCE PROJECT
Request the City Council adopt Resolution No. 2025-21 awarding the Annual Street Rehabilitation and Maintenance Project to Eagle Paving, LLC, determined to be the lowest 27 Item3.

April 2, 2025 Escondido City Council Minutes Page 5 of 6

responsible and responsive bidder, and authorizing the Mayor, on behalf of the City, to execute a Public Improvement Agreement in the amount of $5,074,265. (File Number 0600- 10; A-3545)
Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services, and Jonathan Schauble, City Engineer)
Presenter: Matt Souttere, Project Manager
a) Resolution No. 2025-21

10. A RESOLUTION IN SUPPORT OF AN APPLICATION BY THE DEVELOPERS OF THE TESORO

SQUARE PROJECT FOR TAX-EXEMPT BOND FUNDING OF DEVELOPMENT IMPACT FEES VIA THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY’S BOND OPPORTUNITIES FOR LAND

DEVELOPMENT PROGRAM
Request the City Council adopt Resolution No. 2025-07 in support of an application by the developer of the Tesoro Square Project for tax-exempt bond funding of development impact fees. The application will be submitted to the California Municipal Finance Authority’s (“CMFA”) for consideration of funding via the Bond Opportunities for Land Development (“BOLD”) Program. (File Number 0440-20)
Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Christopher McKinney, Deputy City Manager/Interim Director of Development Services
a) Resolution No. 2025-07

CURRENT BUSINESS

11. COMMUNITY REQUEST - FUNDING FOR INDIGENOUS CULTURE AND ART FESTIVAL, APRIL 19, 2025
Request the City Council provide direction on the San Pasqual Band of Kumeyaay Indians’ request for the City to sponsor a portion or the full cost of the Indigenous Culture and Art Festival event. If City Council chooses to provide funding, adopt Resolution No. 2025-28 authorizing the Mayor to enter into a Public Service Agreement with the San Pasqual Band of Kumeyaay Indians for an amount not to exceed the total cost of hosting the event. (0480-85; 0600-10; A-3546)
28 Item3.

April 2, 2025 Escondido City Council Minutes Page 6 of 6

Staff Recommendation: Provide Direction (Economic Development Services: Jennifer Schoeneck, Director of Economic Development Services)
Presenter: Robert Rhoades, Assistant Director of Community Services and Sandra Aguilar, Management Analyst
a) Resolution No. 2025-28
Motion: White; Second: Fitzgerald; Approved: 4-0 (Martinez – Abstain)

FUTURE AGENDA

Staff Recommendation: None (City Clerk's Office: Zack Beck) White/J. Garcia - Letter in support of Prop. 36 funding

ORAL COMMUNICATIONS
None

ADJOURNMENT
Mayor White adjourned the meeting at 5:45 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

29 Item3.

April 9, 2025 Escondido City Council Minutes Page 1 of 6

CLOSED SESSION
4:00 PM

CALL TO ORDER

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

ORAL COMMUNICATIONS
None

CLOSED SESSION
I. CONFERENCE WITH LEGAL COUNSEL– ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2))

(a) Timothy Reiley v. City of Escondido
Workers Compensation Appeals Board Case No. ADJ12491047

II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8)

(a) Property: 340 N. Escondido Blvd., Escondido (California Center for the Arts, Escondido) Agency Negotiator: Sean McGlynn, City Manager, or designees Negotiating Party: California Center for the Arts, Escondido Under Negotiation: Terms of Management Agreement

ADJOURNMENT
Mayor White adjourned the meeting at 4:32 p.m.

______________________________ _______________________________

MAYOR CITY CLERK
30 Item3.

April 9, 2025 Escondido City Council Minutes Page 2 of 6

REGULAR SESSION
5:00 PM Regular Session

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

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

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

PROCLAMATIONS
Earth Day

CLOSED SESSION REPORT
Timothy Reiley v. City of Escondido - Workers Compensation Appeals Board Case No. ADJ12491047 Compensation in the amount of $20,240. Approved: 5-0

ORAL COMMUNICATIONS
Maria Wallace – Expressed support for Councilmember Martinez

CONSENT CALENDAR
Motion: White; Second: C. Garcia; Approved: 5-0

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) 31 Item3.

April 9, 2025 Escondido City Council Minutes Page 3 of 6

2. APPROVAL OF WARRANT REGISTER (COUNCIL)
Request the City Council approve the City Council and Housing Successor Agency warrant numbers issued between March 24, 2025 to March 30, 2025.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance)

3. APPROVAL OF MINUTES: None

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. A RESOLUTION IN SUPPORT OF AN APPLICATION BY THE DEVELOPERS OF THE ROSEGATE

PROJECT FOR TAX-EXEMPT BOND FUNDING OF DEVELOPMENT IMPACT FEES VIA THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY’S BOND OPPORTUNITIES FOR LAND

DEVELOPMENT PROGRAM
Request the City Council adopt Resolution No. 2025-29 in support of an application by the developer of the Rosegate Project for tax-exempt bond funding of development impact fees.

The application will be submitted to the California Municipal Finance Authority’s (“CMFA”) for consideration of funding via the Bond Opportunities for Land Development (“BOLD”) Program. (File Number 0440-20)
Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services
a) Resolution No. 2025-29

6. FINAL MAP UNDER CONSIDERATION FOR APPROVAL
Request the City Council receive and file notice that a Final Map for Tract PL22-0134 at the northwest corner of North Ash Street and Lehner Avenue, APN 224-130-10-00, has been filed for approval. (File Number 0800-10)
Staff Recommendation: Receive and File (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services, and Jonathan Schauble, City Engineer)
Presenter: Jason Christman, Engineering Manager

32 Item3.

April 9, 2025 Escondido City Council Minutes Page 4 of 6

7. PLANNING COMMISSION VACANCY DECLARATION
Request the City Council consider the recommendation of the Mayor to declare a vacancy on the Escondido Planning Commission by concluding the term of Commissioner David Barber on April 9, 2025. (File Number 0120-10)
Staff Recommendation: None (City Clerk's Office: Zack Beck, City Clerk) Presenters: Zack Beck, City Clerk, and Dane White, Mayor David Barber – Requested an explanation from the Council as to why he was being removed from the Planning Commission.

Motion: White; Second: C. Garcia; Approved: 4-1 (Martinez – No)

PUBLIC HEARINGS

8. 2024 OMNIBUS ZONING CODE UPDATE- PL24-0258
Request the City Council adopt Ordinance No. 2025-01 approving amendments to various articles in the Escondido Zoning Code and one amendment to the Escondido Subdivision Ordinance to address changes in state laws, correct errors, and clarify or improve existing regulations. (File Number 0800-40)
Staff Recommendation: Approval (Development Services Department: Christopher W.

McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Pricila Roldan, Associate Planner
a) Ordinance No. 2025-01 (First Reading and Introduction) Motion: C. Garcia; Second: Martinez; Approved: 5-0

CURRENT BUSINESS

9. LETTER IN SUPPORT OF STATE OF CALIFORNIA FUNDING FOR PROPOSITION 36 Request the City Council review and approve the attached letter to Governor Gavin Newsom requesting dedicated funding for the full implementation of Proposition 36 in the 2025-26 State Budget. (File Number 0145-30)
Staff Recommendation: Approval (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
Motion: White; Second: C. Garcia; Approved: 5-0
33 Item3.

April 9, 2025 Escondido City Council Minutes Page 5 of 6

10. RECONSIDERATION OF COMMUNITY REQUEST – FUNDING FOR INDIGENOUS CULTURE AND

ART FESTIVAL
Staff recommends that the City Council (1) vote on the request of Councilmember Fitzgerald to reconsider Council Agenda Item No. 11 on the April 2, 2025 agenda (Community Request – Funding Request for the Indigenous Culture and Art Festival); and (2) affirm the City Manager’s execution of the Professional Services Agreement with the San Pasqual Band of Luiseno Indians based on existing contracting authority. (File Number 0610-90) Staff Recommendation: Approval (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
Councilmember Fitzgerald recused herself from the item and left the dais.

Motion to not reconsider the item: White; Second: C. Garcia; Approved: 3-1 (Martinez – No) Councilmember Fitzgerald returned to the dais.

FUTURE AGENDA

11. 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 REPORT
The most current information from the City Manager regarding Eco nomic Development, Capital Improvement Projects, Public Safety, and Community Development.

ORAL COMMUNICATIONS
None

34 Item3.

April 9, 2025 Escondido City Council Minutes Page 6 of 6

ADJOURNMENT
Mayor White adjourned the meeting at 5:40 p.m.

______________________________ _______________________________

MAYOR CITY CLERK
35 Item3.
36 Item4.

STAFF REPORT

April 16, 2025
File Number 0600-10;A –3537-2

SUBJECT
SECOND AMENDMENT TO MATRIX CONSULTING GROUP, LTD. IN THE AMOUNT OF $300,000 FOR THE

DEVELOPMENT SERVICES STREAMLINING PROJECT

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council approve the Second Amendment to the Consulting Services Agreement with Matrix Consulting Group, Ltd. in the amount of $ 300,000 for the Development Services Streamlining Project and Authorize a Budget Adjustment
Staff Recommendation: Approval ( Development Services Department : Christopher W. McKinney , Deputy City Manager/Interim Director of Development Services) Presenter: Megan Crooks, Management Analyst II
ESSENTIAL SERVICE – Yes, internal requirement in support of Land Use/Development COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development

FISCAL ANALYSIS
This second amendment to the Consulting Services Agreement (“CSA”) with Matrix Consulting Group, Ltd (“Consultant”) (Exhibit “A”) is not budgeted in the Development Services Department adopted budget.

The current adopted budget does not have sufficient funds available, therefore staff requests a mid-year budget adjustment in the amount of $300,000 to fund this phase of the project. Available resources in the General Fund will be used to fund the budget adjustment.

PREVIOUS ACTION
Staff released Request for Proposal (“RFP”) No. 24-15 for Development Process Streamlining Services on November 9, 2023 and received three proposals by the deadline of December 18, 2023. Staff selected Matrix Consulting Group, Ltd. as the most responsive firm and executed a contract i n the amount of $149,940 on March 4, 2024. City Council approved the First Amendment at its regularly schedule meeting on November 20, 2024 for services related to conceptual space planning. 37 Item5.

BACKGROUND
In Fiscal Year 2022 -23, the Community Development De partment (Building, Code Compliance, and Planning), the Engineering Department and Housing and Neighborhood Services were brought together collectively as the new Development Services Department. The purpose of the reorganization is to better facilitate land use and development services within the City which led to the initiation of a Development Streamlining project with the Consultant. To date, the Consultant has studied each service area and the current processes, interviewed individual staff members and technical groups of staff (including those outside the department), surveyed customers and department employees, and has produced the draft Final Report providing recommendations and priority tasks for improved services to the public.

The current volume of development activity in the City has put staff capacity over its maximum workload resulting in the need for additional positions to perform the necessary development services to the public.

The additional workload required to manage and implement new processes and training requires further consultant support. At its March 5, 2025 Special Council Meeting, the City Council reinforced the priority to have development streamlining implemented to improve Escondido as a business -friendly c ulture.

Therefore, staff requested a scope change from the Consultant to assist in the immediate implementation of its recommendations.

At this time, staff recommends that the City move forward and fund the second amendment to the CSA with the Consultant. This first phase of implementation includes leadership training, customer service training, process modification assistance and standard operating procedure development, and succession planning for all areas of the development process (Planning, Engineeri ng, Building, Code Compliance, Housing, Fire Prevention, and Utilities) . In addition to these services, this Amendment will also include additional customer service training for City Hall departments outside of the development process and on-call services at the discretion of the Director.

RESOLUTIONS
a) Resolution No. 2025-31
b) Resolution No. 2025 -31—Exhibit “A - Second Amendment to Consulting Services Agreement with Matrix Consulting Group, Ltd.

ATTACHMENTS
a) Attachment “1”—Budget Adjustment
38 Item5.

RESOLUTION NO. 2025-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A SECOND

AMENDMENT TO THE CONSULTING AGREEMENT WITH
MATRIX CONSULTING GROUP, LTD. FOR THE

DEVELOPMENT SERVICES STREAMLINING PROJECT FOR

THE DEVELOPMENT SERVICES DEPARTMENT

WHEREAS, the Development Services Department has undergone an extensive efficiency assessment with Matrix Consulting Group, Ltd. and has a prioritization list to implement efficiency measures that will streamline public services; and
WHEREAS, additional consulting services are required to expedite the implementation of the efficiency measures; and
WHEREAS, the Development Services adopted operating budget requires a mid -year budget adjustment authorization in the amount of $300,000; and WHEREAS, it is in the City’s best interest to execute the Second Amendment to the consulting agreement with Matrix Consulting Group, Ltd. for the implementation of the development services streamlining in the amount of $300,000.

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

1. That the above recitations are true.
39 Item5.

2. That the Mayor is authorized to execute, on behalf of the City, a Second Amendment to a Consulting Agreement with Matrix Consulting Group, Ltd ., which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.

40 Item5.

Resolution No. 2025-31
Exhibit “A”

Page 1 of 12 ends

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

CITY OF ESCONDIDO

SECOND AMENDMENT TO CONSULTING AGREEMENT
This Second Amendment to Consulting Agreement (“Second 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: Megan Crooks
760-839-4021
("CITY")
And: Matrix Consulting Group, Ltd.
a California corporation
1875 Grant Street #960
San Mateo, CA 94402
Attn: Alan Pennington
618-692-9085
("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 certain Consulting Agreement dated March 3, 2024, which was subsequently amended by a First Amendment dated January 6, 2025 for Phase 2 (collectively, the “Agreement”), wherein CITY retained CONSULTANT to provide serv ices for assessment of the development process and recommendation of streamlined dev elopment services provided to the public, as more specifically described in the Agreement; and WHEREAS, the Parties desire to amend the Agreement to include additional services as described in “Attachment A” to this Second 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 CONSULTANT shall furnish all of the Services described in “Attachment A” to this Second Amendment.

2. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed on Attachment “B” , attached to this Second Amendment and incorporated herein by this reference (“Personnel Lis t”), to perform the 41 Item5.

Resolution No. 2025-31
Exhibit “A”

Page 2 of 12 ends

Second Amendment - 2 - CAO: 04/23/2024
To Consulting Agreement
Services. CONSULTANT shall not add or remove persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

3. The CITY will compensate CON SULTANT in an additional amount not to exceed the sum of $300,000, pursuant to the conditions contained in “Attachment A” to this Second Amendment.

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

5. This Second Amendment and the Agreement, together 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.

6. This Second 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 Second Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.

7. Unless a different date is provided in this Second Amendment, the effective date of this Second Amendment shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)
42 Item5.

Resolution No. 2025-31
Exhibit “A”

Page 3 of 12 ends

Second Amendment - 3 - CAO: 04/23/2024
To Consulting Agreement
IN WITNESS WHEREOF, this Second Amendment is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO
Date: __________________ ____________________________________ Dane White, Mayor
MATRIX CONSULTING GROUP, LTD.

Date: __________________ ___________________________________ Alan Pennington, President
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. 43 Item5.

Resolution No. 2025-31
Exhibit “A”

Page 4 of 12 ends

Second Amendment - 4 - CAO: 04/23/2024
To Consulting Agreement
ATTACHMENT “A”
Scope of Work
A. General
Matrix Consulting Group, Ltd. , a California corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with consulting services related to the City’s Development Services Streamlining project implementation.

B. Location
Consultant to provide services in relation t o the City’s Development Services Streamlining project implementation. It is anticipated that services will be provided at both Escondido City Hall located at 201 N. Broadway, Escondido, CA 92025, and various remote locations.

C. Services
In addition to t he services described in the Agreement, Consultant shall provide services as described in Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Exhibit 1, the terms of this Agreement shall prevail. Services shall be for the implementation of the streamlining study recommendations, to include but not limited to:

1. Personality and Communication Assessments up to 60 participants;

2. Leadership Training and Retreat;

3. Customer Service Training;

4. Process Modification Assistance and Standard Operating Procedure Development;

5. Succession Planning; and

6. On-Call Services.

D. Scheduling
Consultant to schedule specific dates of work in advance by contacting Megan Crooks at 760-839- 4021 or [email protected]. Further instructions will be provided upon scheduling.

E. Contract Price and Payment Terms
The contract price of this Second Amendment shall not exceed $300,000 as delineated in the table below. The contract price of this Second Amendment ($300,000) will bring the total contract price of the Agreement to $546,190. The contract price of this Second Amendment includes all labor, materials, equipment, and transportation required to perform the work. Services will 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.

Contract Price:

Proposal Cost $231,000
Proposal 8% Contingency $ 19,000
On-Call Services $ 50,000
Total Amendment 2 $300,000
F. Term
The term of this Second Amendment shall be from the Effective Date of this Second Amendment through June 30, 2026.
44 Item5.

Resolution No. 2025-31
Exhibit “A”

Page 5 of 12 ends

Second Amendment - 5 - CAO: 04/23/2024
To Consulting Agreement
ATTACHMENT “B”
Personnel List
Pursuant to Section 2 of this Second Amendment, CONSULTANT shall only assign performance of Services to persons listed below.

1. Alan Pennington, President, [email protected], Matrix Consulting Group, Ltd.;

2. Aaron Baggarly, Vice President, [email protected], Matrix Consulting Group, Ltd.;

3. Allyson Brekke, Manager, [email protected], Matrix Consulting Group, Ltd.;

4. Jocelyn Mathiasen, Manager, [email protected], Matrix Consulting Group, Ltd.;

5. David Branch, Senior Manager, [email protected], Matrix Consulting Group, Ltd.;

6. Joe McDonald, Senior Consultant, [email protected], Matrix Consulting Group, Ltd;

7. Jen Winter, Vice President, [email protected], Matrix Consulting Group, Ltd;

8. Suelyn Knight, Senior Manager, [email protected], Matrix Consulting Group, Ltd;

9. Amy Mabey, Manager, [email protected], Matrix Consulting Group, Ltd;

10. Chas Jordan, Manager, [email protected], Matrix Consulting Group, Ltd;

11. Megan Young, Manager, [email protected], Matrix Consulting Group, Ltd;

12. Isaac Robles, Senior Consultant, [email protected], Matrix Consulting Group, Ltd;

13. Jaymee Westover, Senior Consultant, [email protected], Matrix Consulting Group, Ltd;

14. Madison Dixson, Senior Consultant, [email protected], Matrix Consulting Group, Ltd;

15. Alexis Orrick, Consultant, [email protected], Matrix Consulting Group, Ltd;

16. Reece Lennon, Consultant, [email protected], Matrix Consulting Group, Ltd;

17. Aarin Holt, Principal Architect, [email protected], FFKR Architects;

18. Nate Henrie, Architect, [email protected], FFKR Architects;

19. Ethan Dickenson, PE, Sr. Principal, [email protected], Alfa Tech;

20. Andre Towner, [email protected], Alfa Tech;

21. Tony Pena, [email protected], Alfa Tech; and
45 Item5.

Resolution No. 2025-31
Exhibit “A”

Page 6 of 12 ends

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

22. Liza Cusimano, [email protected], Alfa Tech.

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

Acknowledged by:

Date: __________________ ___________________________________ Alan Pennington, President
46 Item5.

MATRIX CONSULTING GROUP
1875 S Grant Street, Suite 960
San Mateo, CA 94402
April
2, 2025
Megan Crooks, Management Analyst II
City of Escondido
201 North Broadway
Escondido, CA 92025
Dear Ms. Crooks,
The Matrix Consulting Group is pleased to present our revised options for assisting the City of Escondido with implementing the Development Review Streamlining Study recommendations. Based on discussions over the last several weeks with Aaron Baggarly regarding the City's needs, we have outlined ﬁve optional tasks and provided cost estimates for each task:
• Personality / Communication Style Assessment
• Leadership Training and Retreat
• Customer Service Training
• Process Modiﬁcation Assistance and Standard Operating Procedure Development • Succession Planning
• On call services
Each task is proposed as a standalone item. Our team is ﬂexible in the sequencing of the tasks. Our team can start implementation assistance in early May and will work with the City to ﬁnalize a schedule for each task.

As President, I am authorized to negotiate and execute a contract for services. I can be reached at 650.858.0507 or [email protected]. If you have questions or require additional modiﬁcations to the scope of services, please continue to discuss with Aaron Baggarly at 803.622.9910 or [email protected]
ALAN D. PENNINGTON
President
Matrix Consulting Group, Ltd.

Exhibit A
Resolution No. 2025-31
Exhibit "A"

Page 7 of 12 ends

47 Item5.

IMPLEMENTATION ASSISTANCE TASK PLAN
MATRIX CONSULTING GROUP 2
The f
ollowing outlines potential tasks to assist the City and Development Services Department in implementing the development review process improvement study recommendations. Each of these potential work scope items may be modiﬁed to meet the city's needs best.

1. DiSC ASSESSMENT
This
task focuses on improving communication styles by utilizing the DiSC behavior style assessment tool. The DiSC assessment is a behavioral test that identiﬁes a person’s behavioral tendencies and preferences, helping individuals gain self-awareness and understanding of their communication styles and improve interactions with others. The assessment will gauge the participant's individual style and how they engage with other personality styles. As part of this assessment, each participant will take an assessment questionnaire and be provided a personalized report outlining their style, an overview of how their style is perceived by the other styles, and how they react to other types. All this information is shared among all team members through an online dashboard. The DiSC assessment improves teamwork, communication, collaboration, and individual productivity.

To supplement the assessment, a workshop is held with staff so they may better understand each communication style, their styles, and tools to enhance their communication. Workshops are interactive and include scenarios and discussions among participants. A total of four workshops would be held for the Department. Workshops may be divided among divisions and the leadership team.

The DiSC assessment task can be completed in a month. This provides two weeks for staff to complete the questionnaire and one week for the project team to review the results and prepare for the workshop.

The workshop will be held 7 to 14 days after the questionnaire deadline. An onsite trip for two staff members to conduct the half-day workshops is included.

This task is priced for the whole department, which is recommended. Alternatively, the Department leadership may choose to only participate, which should be a precursor for the leadership training task.

Total Par ticipants: 60
Task Cost: $20,000 (Professional Fees: $16,500, Travel: $3,500)

2. LEADERSHIP TRAINING AND RETREAT
Leadershi
p training may focus on a variety of areas and is dependent on the unique skills and needs of the current leadership team. Leadership training may include a mission/vision statement development, SWOT analysis, accountability training, change management training, etc. Conducting a leadership retreat for the department and division managers is recommended for the leadership training. This retreat would be held outside of City Hall and encompass a two-day retreat, two one-hour pre-retreat virtual meetings, and three post-retreat virtual meetings 1, 2, and 3 months after the retreat.

IMPLEMENTATION ASSISTANCE TASKS
Resolution No. 2025-31
Exhibit "A"

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48 Item5.

IMPLEMENTATION ASSISTANCE TASK PLAN
MATRIX CONSULTING GROUP 3
The leadership training approach is ﬂexible but would focus on mission/vision setting and equipping leaders with change management skills to continue the implementation efforts proposed in this task plan along with the original study’s recommendations. Elements of the leadership training may include the team reading a book such as The Five Dysfunctions of a Team or a similar leadership book. Should the City choose to utilize The Five Dysfunctions of a Team book, our ﬁrm can provide a personalized online assessment of each participant to supplement the retreat training sessions that would be incorporated into the topics. The goal is to develop stronger teamwork among Department leadership and equip them to support department culture change.

The training would include an in-person leadership retreat. The cost consists of renting space, breakfast, lunch, and any materials needed for the retreat. Our pricing covers all staff time and retreat materials (including the book and/or assessment) but excludes meal and meeting room costs. Two staff members would facilitate the leadership retreat. If desired, the mission/vision development could be changed to include a workshop with all staff to develop this at an appropriate cost modiﬁcation.

Total Hours: 60 - 90
Task Cost: $18,500 to $24,500 depending on ﬁnal scope. (Travel Cost: $3,000)

3. CUSTOMER SERVICE TRAINING
This
task will focus on equipping staff to provide consistent and high customer service levels to internal and external customers. To develop and provide customer service training, the following tasks will be completed:
• Review existing customer service training materials, policies, and guidelines to understand current expectations.
• Conduct an online customer service training survey with staff to understand their perception of the City, Department, and their approaches to customer service. • Meet with Department and City leadership to identify key issues that should be addressed in the customer training sessions.
• Develop customer service training materials and provide them to City/Department leadership for review.
• Conduct in-person workshops with all Development Services Department personnel. Four workshops will be held to ensure a manageable size and to group similar roles/classiﬁcations in each workshop.

For example, a separate workshop will be held with supervisors/managers, including a staff accountability component. Each workshop lasts eight hours and will be split over two days. • A two-hour workshop will be held for individuals selected to provide future customer service training sessions with new hires and refresher courses.
• Each workshop will include two facilitators.

Resolution No. 2025-31
Exhibit "A"

Page 9 of 12 ends

49 Item5.

IMPLEMENTATION ASSISTANCE TASK PLAN
MATRIX CONSULTING GROUP 4
The customer service training session will take approximately two months to complete. Other proposed tasks may inﬂuence the ﬁnal timing.

Total Hours (Development Services Training): 135
Task Cost (Development Services Training): $31,500 (Professional Fees: $28,000, Travel: $3,500) Our team can also provide customer service training to other City departments. This would include three sessions tailored to other departments and one train-the-trainer session. The additional training will provide a modiﬁed curriculum compared to what is provided by Development Services. The followng summarizes the cost associated with expanded customer service training, assuming that training would be provided in the same week as Development Services.

Total Hours (Additional Departments): 64
Total Cost (Additional Departments): $12,800 (Professional Fees).

If the additional departmental training is not concurrent, the total cost would be $16,000 (Professional Fees: $12,800, Travel: $3,200).

4. PROCESS MODIFICATION ASSISTANCE AND STANDARD OPERATING PROCEDURE

DEVELOPMENT
This
task will focus on two key areas identiﬁed as high-priority recommendations: assisting staff with process modiﬁcations and developing standard operating procedures (SOPs). Both of these items are intertwined. Process changes need to be implemented before the creation of SOPs focused on how staff facilitate various development review, permitting, and inspection processes.

The process modiﬁcation assistance will focus on the following points:
• Work with Development Services, Finance, and IT staff to automate application/permit fee calculation in the permitting software platform.
• Assist staff with updating workﬂows in the permitting software system to be more streamlined and incorporate review deadlines.
• Establish pre-application requirements and processes with staff and assist with creating a workﬂow in the permitting software system.
• Develop (or modify) the Permit Technician job classiﬁcation and assist with the initial training to transition staff to the Permit Technician classiﬁcation.

After the completion of the process modiﬁcations, the project team can begin the development of SOPs.

SOP development will focus on the intake, reviewing, issuance (or approval), and inspection approaches of planning, building, and engineering development review functions. This includes approximately 25 distinct SOPs. The following points outline the key approach to developing the SOPs:

Resolution No. 2025-31
Exhibit "A"

Page 10 of 12 ends

50 Item5.

IMPLEMENTATION ASSISTANCE TASK PLAN
MATRIX CONSULTING GROUP 5
• Conduct a department-wide workshop to set the stage with staff, outline the focus and intent of the development of SOPs, establish the mission/vision of the service provision, and clarify any questions/concerns of staff.
• Conduct individual workshops with each division (building, engineering, and planning) to discuss industry best practices and establish an operational framework to guide the development of SOPs. • Ensure that the SOPs reﬂect current, future, and best practices related to technology and permitting software platforms.
• Meet with appropriate City and Department staff to understand the department's technology systems and potential changes in the near future that may impact SOPs. (This may be included in the process improvement work mentioned above.)
• The project team will draft the SOPs document and provide it to the division and department leadership teams for their review. Each division will then hold workshops to review its speciﬁc SOPs, receive input/feedback on potential changes, and discuss the rationale behind each SOP . • Finalize the SOPs and conduct a training workshop to provide an overview of the SOP and how it will impact staff’s daily operations. A separate workshop will be held with Department/Division leadership to equip them for implementation of the SOPs and how to hold staff and themselves accountable.

This approach will take approximately three months from initiation to implementation of the SOPs. The cost of this task plan includes the creation of 25 SOPs.

Total Hours: 275
Task Cost: $64,000 (Professional Fees: $55,000, Travel: $9,000)

5. SUCCESSION PLANNING
In t
his task, the project team will develop a comprehensive succession plan for the Development Services Department. The succession plan development will include detailed staff interviews and surveys to identify key responsibilities and tasks of each employee and classiﬁcation. This will be a comprehensive review of the Department’s current positions and talent pool, identifying key positions, assessing the capabilities and requirements for each classiﬁcation, identifying skills gaps needed, and creating development plans for each position to ensure readiness of current positions for cross-training opportunities.

This task will include assessing current City training programs to enhance skill development for all positions. It will also include developing leadership training programs for new supervisors and managers.

This evaluation will identify shortfalls with existing training programs and improvement opportunities.

As part of the succession planning efforts, the project team will review current job descriptions and update them as necessary to identify additional skills, training, and certiﬁcations to enhance organizational sustainability. This evaluation may also include identifying additional skills needed for the Resolution No. 2025-31
Exhibit "A"

Page 11 of 12 ends

51 Item5.

IMPLEMENTATION ASSISTANCE TASK PLAN
MATRIX CONSULTING GROUP 6
organization’s technical skills development, knowledge transfer, communication, and leadership development needs.

At the conclusion of this task, the project team will evaluate the current employee classiﬁcations and identify modiﬁcations of skills, knowledge, abilities, and requirements. Reviewed the training programs deployed by the City and modiﬁcations to job descriptions. This assessment may result in a revised staﬃng plan and organizational structure, a revised table of responsibilities (by classiﬁcation), and a detailed list of unmet needs of the Department.

This task will require approximately 60 hours of onsite work, including interviewing staff and assessing current training programs with Human Resources (or other staff). Overall, it will take approximately four months to complete.

Total Hours: 350
Task Cost: $75,000 (Professional Fees: $68,000, Travel: $7,000)

6. ON CALL RATES
To
provide the greatest ﬂexibility, our team is available for on-call services. The following table summarizes the hourly rates for our project team by employee classiﬁcation. Travel to Escondido will be billed at actual cost. For any weekend trips, the City will cover the costs associated with staying the weekend (e.g., hotel, rental car, food, etc.). We will work with the City to minimize travel expenses, and all costs will comply with applicable City or federal reimbursement limits.

Classiﬁcation Hourly Rate
President / Senior Vice President $325
Vice President $250
Senior Manager $240
Manager $185
Senior Consultant $160
Consultant $130
Resolution No. 2025-31
Exhibit "A"

Page 12 of 12 ends

52 Item5.

BUDGET ADJUSTMENT

REQUEST
Department: Development Services
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Megan Crooks
City Council Meeting Date:
(attach staff report) April 16, 2025

EXPLANATION OF REQUEST
To fund the Second Amendment to Matrix Consulting Group CSA to facilitate the implementation of the Development Services Streamlining recommendations and to provide customer service training for Development Services and additional employee groups at City Hall.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Fund 1001/Planning Cost
Center/cc_200 Professional Services $300,000.00 --

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE
Docusign Envelope ID: A13A90F8-1BDB-4F9D-B8FA-A145556BB6DC 4/7/2025
4/7/2025
Attachment "1"
53 Item5.

STAFF REPORT

April 16, 2025
File Number 0600-10; A –3549

SUBJECT
PL24-0358 – OUT-OF-AGENCY SEWER SERVICE AGREEMENT FOR 455 BEAR VALLEY PARKWAY

DEPARTMENT
Development Services Department, Planning Division

RECOMMENDATION
Request the City Council adopt Resolution No. 202 5-35, authorizing the Mayor to execute an Out-of- Agency Sewer Service Agreement for an approximate 1.37-acre unincorporated property located at 455 Bear Valley Parkway (APN 239-051-03-00).

Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Robert Barry, Senior Planner
ESSENTIAL SERVICE – Yes, Sewer; Public Works/Infrastructure The Out-of-Agency Sewer Service Agreement is required for property owners requesting connection to City sewer when outside but adjacent to the City’s boundary with a documented failure of an existing residence’s underground septic disposal system.

COUNCIL PRIORITY –

FISCAL ANALYSIS
The property owner will be responsible for payment of all City and Local Agency Formation Commission (“LAFCO”) fees associated with the Out-of-Agency Sewer Service Agreement, anticipated annexation of the property, connection to the City’s sewer system, and ongoing sewer service charges.

PREVIOUS ACTION
There are no previous action s for this unincorporated property as it is presently located within county jurisdiction.

54 Item6.

BACKGROUND
Government Code Section 56133 allows a city to provide new or extended services by agreement outside its jurisdictional boundary only if it first requests and receives written approval from LAFCO. The area proposed to receive services by agreement outside of a city boundary must be located within the city’s sphere of influence, and a later annexation of the area to the city will occur. LAFCO retains authority to approve a city to provide new or extended services outside a city’s jurisdictional boundary (and outside its sphere of influence ) when the need to respond to an existing or impending threat to the health or safety of the public or the residents arises, if both of the following requirements are met: (1) the property owner has provided documentation of an existing or impending threat to the health and safety of the residents of the area, and, (2) any other alternative service provider has been notified.

The subject unincorporated property at 455 Bear Valley Parkway is located adjacent to the Escondido City boundary, within the Escondido Sphere of Influence , and is developed with one single -family residence and one ADU that jointly utilize a subsurface septic disposal system for wastewater treatment (refer to Attachment “1”). The existing residence was c onstructed in 19 64 and a barn adjacent to the residence was converted into an ADU in the mid -1970s prior to the need for permitting. The current property owners, Eliud and Consuelo Lopez, purchased the property in 2021 and have reported ongoing problems with the function of the on-site septic system. The property owner’s improvements to the ADU caused the County of San Diego to require permits to bring the ADU up to current code requirements. One of the County’s permit requirements is to either replace or rehabilitate the septic system to be sized correctly for the combined wastewater flow from the residence and ADU, or to connect the parcel to a public sewer system.

The County of San Diego Department of Environmental H ealth (“DEH”) has provided a letter, dated November 4, 2024 (Attachment “2”), that documents the failure of the existing septic system and identifies site constraints with the parcel that prevent the septic system from being repaired or expanded due to limited available space and high groundwater conditions from a creek that flows across the parcel’s frontage at Bear Valley Parkway. The DEH letter recommends the parcel be connected to public sewer to minimize possible environmental and public health risks.

The subject property is contiguous with the City’s incorporated boundary on three sides and existing Escondido sewer infrastructure is adjacent on the parcel’s southeast corner. The parcel is designated as Estate II (E2) in the Escondido General Plan, which allows up to two dwelling units (“du”) per acre with a minimum lot size of 20,000 square-feet. Formal annexation of the property, which would occur at a later time per the draft agreement, would include establishing a Residential Estates zoning designation (R-E- 20) consistent with the corresponding Estate II General Plan designation.

The subject Out -of-Agency Sewer Service Agreement (Exhibit “A”) includes conditions requiring the property owner to: initiate annexation proceedings with LAFCO and submit all required applications and fees; agree to an Irrevocable Offer of Annexation, in which the owner and future owners agree to not 55 Item6.

oppose annexation to the City; undertake all prezoning and associated environmental review; and, pay all associated City and LAFCO annexation fees.

San Diego LAFCO policy requires a proposed out-of-agency service agreement to be initiated by written request of the city manager. Accordingly, the Escondido City Manager submitted a written request to LAFCO on January 2 4, 2025 (Attachment “3”) to provide administrative approval for the subject sewer service agreement. The subject agreement was then administratively approved by the LAFCO Executive Officer on February 7, 2025 ( Exhibit “B”). The LAFCO service agreement approval is conditioned on the property owner submitting an annexation application and fees to LAFCO within one calendar year.

ENVIRONMENTAL
The California Environmental Quality Act (“CEQA”) Guidelines include a list of classes of projects which have been determined not to have a significant effect on the environment and are, therefore, categorically exempt from the provisions of CEQA. The proposed Out-of-Agency Sewer Service Agreement is categorically exempt per CEQA Guidelines Section 15301(d), Existing Facilities, because the Agreement involves the extension of City sewer service to one existing single-family residence and one existing ADU to meet current standards of public health and safety due to a documented failure of the existing on-site underground septic disposal system, and no expansion of the existing residential uses is associated with the project.

RESOLUTIONS
a) Resolution No. 2025-35
b) Resolution No. 2025-35 Exhibit “A” – Out-of-Agency Sewer Service Agreement c) Resolution No. 2025-35 Exhibit “B” – LAFCO Notice of Conditional Approval

ATTACHMENTS
a) Attachment “1”—Aerial Map, General Plan Designation, Zoning Designation b) Attachment “2”—San Diego County Department of Environmental Health letter, November 4, 2024
c) Attachment “3”—City of Escondido Request for LAFCO Approval, January 24, 2025

56 Item6.

RESOLUTION NO. 2025-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, AN OUT-OF-

AGENCY SEWER SERVICE AGREEMENT, FOR A N
UNINCORPORATED PROPERTY LOCATED AT 455 BEAR

VALLEY PARKWAY

Case No. PL24-0358
WHEREAS, the City of Escondido (“City”) has received an application for an Out-of-Agency Sewer Agreement to provide sewer service to a n unincorporated property located outside of the City’s jurisdictional boundary and within the City’s adopted sphere of influence at 455 Bear Valley Parkway (“Property”); and
WHEREAS, the City has received conditional approval from the San Diego County Local Agency Formation Commission (“LAFCO”) for an Out-of-Agency Sewer A greement (“Agreement”), attached hereto as Exhibit “A,” for the provision of sewer services to one existing single-family residence and one existing accessory dwelling unit (“ADU”) on the Property (see Exhibit “B”); and WHEREAS, the Property is all that real property described in Exhibit “A” to the Agreement; and WHEREAS, the Agreement is categorically exempt from provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301(d), Existing Facilities, because the Agreement involves the extension of City sewer service to existing private structures to meet current standards of public health and safety due to a documented failure of the existing on -site underground septic disposal system (“septic”), and no expansion of the existing residential uses is associated with the project.

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

1. That the above recitations are true.

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

3. That this Agreement is necessary in order for the area to receive urban services available from the City of Escondido to abate an existing health and safety emergency threat to the residents due to a documented failure of the existing septic disposal system.

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

5. That this proposal is made pursuant to the Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000, Division 3, co mmencing with Section 5600 et seq. of the Government Code of the State of California.

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

7. That the City Council approves Resolution No. 202 5-35, authorizing the mayor to execute an out -of-agency sewer service agreement, for a n unincorporated property located at 455 Bear Valley Parkway, Escondido, California, 92025.

58 Item6.

CAO: 2/2/2022
Out-of-Agency Service Agreement
1 EXEMPT FROM FEES pursuant to
Gov’t Code §§ 6103, 27383, and 27388.1
(filing requested/executed by municipality)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Planning Division
City of Escondido
201 North Broadway
Escondido, CA 92025-2798 This Space for Recorder’s Use Only APN: 239-051-03-00

OUT-OF-AGENCY SERVICE AGREEMENT
This OUT-OF-AGENCY SERVICE AGREEMENT (“ Agreement”) is made and entered into as of the last signature date set forth below (“ Effective Date ”), by and between the City of Escondido, a California municipal corporation (“ City”) and Eliud Vicente Lopez and Consuelo Lopez (collectively referred to herein as “ Owner”). (The City and Owner may each be referred to herein as a “Party” and collectively as the “Parties.”)

RECITALS
A. Owner possesses and owns that certain real property located at 455 Bear Valley Pkwy, Escondido, CA 92025, which is outside the jurisdictional boundary of the City, and within the unincorporated County of San Diego, as further described in Exhibit A to this Agreement, attached hereto and incorporated herein by this reference (“Property”).

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

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

D. In accordance with California Government Code section 56133 and LAFCO’s local policies, in a letter dated _________, which is attached hereto as Exhibit B and incorporated herein by this reference (“Conditional Approval Letter”), LAFCO provided a conditional approval for the City to establish contract wastewater service for the Property, limited to the existing one dwelling unit and one accessory dwelling unit on the Property and subject to the LAFCO conditions stated therein.

E. The City and the Owner desire to enter into this Agreement so the City may provide wastewater service to the existing one dwelling unit and one accessory dwelling unit on the Property, subject to Owner meeting all of the LAFCO conditions and any conditions otherwise expressed in Exhibit A
Resolution No. 2025-35
Exhibit "A"

Page 1 of 12 ends

59 Item6.

CAO: 2/2/2022
Out-of-Agency Service Agreement
2 this Agreement.

AGREEMENT

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

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

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

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

4. Irrevocable Offer of Annexation. Owner hereby makes an irrevocable offer of annexation of the Property to the City. Owner waives any right of protest in the annexation of the Property to the City provided for under the Act or any other law or policy. Such waiver shall be binding on Owner and its heirs, successors in interests, and assigns.

5. Conditions of Approval. This Agreement shall be subject to all LAFCO conditions:
a. Owner agrees to meet all LAFCO conditions, including each of the following:
(i.) Owner shall provide LAFCO a completed contractual service agreement form along with the required application filing fee. (ii.) Owner shall provide LAFCO a landowner-petition application to annex the Property to the City (“Annexation Petition”), along with the required filing fee. (iii.) Owner shall provide LAFCO a signed copy of this Agreement. b. Within 10 days after execution of this Agreement by all Parties, Owner shall record this Agreement with the Office of the County Recorder for San Diego County. c. Owner shall execute and record an agreement approved by LAFCO that consents to annexation of the Property into the City, which Agreement shall run with the land and inure to and bind all successors in interest to the Property. Owner shall undertake all prezoning and associated environmental review and pay all associated City and LAFCO fees related to the annexation of the Property.

Resolution No. 2025-35
Exhibit "A"

Page 2 of 12 ends

60 Item6.

CAO: 2/2/2022
Out-of-Agency Service Agreement
3 d. As a condition to annexation, Owner shall apply to the City to have the Property prezoned, a discretionary act that will require environmental review. At the time Owner files an Annexation Petition, Owner shall file a formal application for prezoning with the City and shall diligently and in good faith prosecute such application to completion. e. Owner shall be responsible for all LAFCO and City fees and charges in relation to the application for prezoning, application for annexation, Improvements, future wastewater service connection, or otherwise in relation to this Agreement. f. This Agreement is limited to the provision of wastewater service to the existing one dwelling unit and one accessory dwelling unit on the Property and shall not be construed to provide authority for the City’s provision of any additional service in relation to the Property.

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

7. Term. This Agreement shall commence on the Effective Date and shall remain in effect until the earlier of any of the following: (i) the Property is annexed into the City; or (ii) the Agreement is terminated by the City if Owner fails to meet any condition stated herein.

8. Indemnification. Owner (including Owner’s agents, employees, contractors, and subcontractors, if any) shall hold harmless, defend (with counsel reasonably acceptable to the City), and indemnify the City, its boards, commissions, departments, officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “ Claims”), and any attorney’s, consultant, or expert fees and City staff costs for investigating or responding to any Claims, incurred in connection with or arising in whole or in part from this Agreement, the use of the Improvements by the Owner (including Owner’s agents, employees, invitees, contractors, and subcontractors, if any), the condition of the Improvements, or any related construction or other work undertaken on the Property, including without limitation (i) any death or bodily injury to a person; (ii) any injury to, loss, or theft of tangible or intangible property, including economic loss; or (iii) any other loss, damage, or expense Resolution No. 2025-35
Exhibit "A"

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Out-of-Agency Service Agreement
4 sustained by the Owner in connection with any work or obligations performed in connection with this Agreement, except for any liability resulting from the active negligence, sole negligence, or willful misconduct of the City. The duty to defend the City as described in this Paragraph 10 shall apply regardless of whether any Claims are groundless, fraudulent, or false. All obligations under this Paragraph 10 shall survive the termination of this Agreement.

9. Miscellaneous.

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

12.2 Entire Agreement . This Agreement, together with its attachments or other documents, if any, described or incorporated herein, contains the entire agreement and understanding concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. Each of the Parties hereto acknowledges that no other Party, nor the agents nor the attorneys for any Party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the execution of this Agreement and acknowledges that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein.

12.3 Amendment. This Agreement may not be amended except in a writing signed by all of the Parties hereto, and then only in the specific instance and for the specific purpose given.

Any such amendment shall be recorded with the Office of the County Recorder for the County of San Diego.

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

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

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

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

12.8 Attorney’s Fees. In any action to enforce the terms of this Agreement, the Parties agree that the prevailing party shall be entitled to its reasonable attorney’s fees and all costs, fees, and expenses, including the fees of expert witnesses and consultants, whether or not such costs, fees, and expenses are recoverable or allowed as costs under section 1033.5 of the California Code of Civil Procedure. In addition to the foregoing award of attorney’s fees and costs, the prevailing party shall be entitled to its attorney’s fees and costs incurred in any post-judgment proceedings to Resolution No. 2025-35
Exhibit "A"

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

12.9 Counterparts. This Agreement may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document.

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

12.11 Notice. All notices, demands, approvals, or consents provided for in this Agreement shall be in writing and delivered to the appropriate Party at its address as follows:

If to the City:

Director of Development Services
City of Escondido
201 N. Broadway
Escondido, CA 92025
If to Owner:

Eliud Vicente Lopez and Consuelo Lopez
455 Bear Valley Pkwy
Escondido, CA 92025

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

12.12 Covenants Run with Land . So long as this Agreement remains in effect, the obligations and benefits provided for in this Agreement shall run with the land obligated and benefited, respectively, and shall be binding on all parties having or acquiring any right, title, or interest in the Property or any part thereof. As such, it is the intent of the Parties that this Agreement and the promises, covenants, rights, and obligations set forth herein (i) shall be and are covenants running with the Property, encumbering the Property for the term of this Agreement, binding upon the Owner’s successors in title and all subsequent owners and operators of the Property; (ii) are not merely personal covenants of the Owner; and (iii) shall bind the Owner and its respective successors and assigns during the term of this Agreement. Further, the Owner shall ensure that any future transfer of interest in the Property is made subject to the terms of this Agreement, such that any future successor in title or owner or operator of the Property shall be bound by the terms herein.

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

Resolution No. 2025-35
Exhibit "A"

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6 (SIGNATURE PAGE FOLLOWS)

Resolution No. 2025-35
Exhibit "A"

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

CITY OF ESCONDIDO

Date: By
Dane White, Mayor

OWNER(s)

Date: By
Eliud Vicente Lopez

Date: By
Consuelo Lopez

(ABOVE SIGNATURES MUST BE NOTARIZED; ACKNOWLEDGMENT PAGES FOLLOW)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
Michael R. McGuinness, City Attorney

Resolution No. 2025-35
Exhibit "A"

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8 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

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

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

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

City of Escondido

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

Resolution No. 2025-35
Exhibit "A"

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9 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

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

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

(OWNER)

Resolution No. 2025-35
Exhibit "A"

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10 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

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

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

(OWNER)

Resolution No. 2025-35
Exhibit "A"

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11 Exhibit A

Legal Description of Property

Resolution No. 2025-35
Exhibit "A"

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12 Exhibit B

Conditional Approval Letter

Resolution No. 2025-35
Exhibit "A"

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70 Item6.

Administration
Keene Simonds, Executive Officer
2550 Fifth Avenue, Suite 725
San Diego, California 92103
T 619.321.3380
E [email protected]
www.sdlafco.org
Joel Anderson
County of San Diego
Jim Desmond
County of San Diego
Vacant, Alt.

County of San Diego
San Diego County
Local Agency Formation Commission
Regional Service Planning | Subdivision of the State of California Vice Chair Barry Willis
Alpine Fire Protection
Jo MacKenzie
Vista Irrigation
David Drake, Alt.

Rincon del Diablo
Kristi Becker
City of Solana Beach
Dane White
City of Escondido
John McCann, Alt.

City of Chula Vista
Harry Mathis
General Public
Brigette Browning, Alt.

General Public
Chair Stephen Whitburn
City of San Diego
Marni von Wilpert, Alt.

City of San Diego
February 7, 2025
Delivered Electronically:

Eliud Lopez
Property Owner
455 Bear Valley Parkway
Escondido, CA 92025
[email protected]
SUBJECT: Notice of Administrative Approval:
“Lopez – Bear Valley Parkway Out-of-Agency Wastewater Services” – Contractual Wastewater Service Agreement for the City of Escondido Assessor Parcel Number 239-051-03-00 | (LAFCO File No. OAS25-03) Mr. Lopez:

This letter serves as formal notice of San Diego County Local Agency Formation Commission’s (LAFCO) conditional approval for the City of Escondido to establish contractual wastewater service to the property located a t 455 Bear Valley Parkway . This conditional approval is authorized under my powers pursuant to Government Code Section 56133 , adopted LAFCO policy, and substantiated based on a review of written documentation showing the existing septic system has failed and poses a threat to public health. The conditional approval extends one calendar year and follows a written recommendation and request from the County of San Diego Department of Environmental Health & Quality to immediately transition the property to public wastewater.

The conditional approval is limited to authorizing the City of Escondido to enter into an outside wastewater service agreement for the existing residential dwelling unit and accessory dwelling unit comprising the affected territory . A Certificate of Administrative Approval is attached for your records.

At the conclusion of the one‐year authorization, and unless a time extension is requested and approved, it is LAFCO’s expectation that you – as the landowner – will have completed and submitted an application to annex the affected territory into the City of Escondido. Application materials are available online at www.sdlafco.org. This includes Exhibit B
Resolution No. 2025-35
Exhibit "B"

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71 Item6.

San Diego LAFCO
February 7, 2025

2 | P a g e

providing LAFCO with an application fee in the amount of $2,642.06. This amount includes a related boundary action involving detachment from County Service Area No. 135 and reflects a 75% fee reduction given documentation of a public health threat.

Should you have any questions, please contact me by telephone at (858) 833-4020 or email at [email protected].

On behalf of the Executive Officer,

Joelle Burila
Local Government Analyst I

cc: Robert Barry, City of Escondido
Veronica Morones, City of Escondido
Christopher McKinney, City of Escondido
Conner Jordan, County of San Diego – DEHQ
Keene Simonds, San Diego LAFCO
Priscilla Mumpower, San Diego LAFCO
Erica Sellen, San Diego LAFCO
Resolution No. 2025-35
Exhibit "B"

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72 Item6.

Administration
Keene Simonds, Executive Officer
2550 Fifth Avenue, Suite 725
San Diego, California 92103
T 619.321.3380
E [email protected]
www.sdlafco.org

Joel Anderson
County of San Diego

Jim Desmond
County of San Diego

Vacant, Alt.

County of San Diego

San Diego County
Local Agency Formation Commission
Regional Service Planning | Subdivision of the State of California Vice Chair Barry Willis
Alpine Fire Protection

Jo MacKenzie
Vista Irrigation

David Drake, Alt.

Rincon del Diablo

Kristi Becker
City of Solana Beach

Dane White
City of Escondido

John McCann Alt.

City of Chula Vista

Harry Mathis
General Public

Brigette Browning, Alt.

General Public

Chair Stephen Whitburn
City of San Diego

Marni von Wilpert, Alt.

City of San Diego

CERTIFICATE OF ADMINISTRATIVE APPROVAL OF A

CONTRACTUAL WASTEWATER SERVICE AGREEMENT

City of Escondido / Eliud Lopez
(LAFCO File No. OAS25-03)

February 7, 2025

In accordance with California Government Code Section 56133, the San Diego County Local Agency Formation Commission (LAFCO) authorizes the City of Escondido to immediately provide extraterritorial wastewater service by contract to 455 Bear Valley Parkway . The subject property is owned by Eliud Lopez and comprises one unincorporated parcel identified by the County of San Diego Assessor’s Office as 239-051-03-00. The authorized service is limited to supporting the approximate 1,786 square foot single-family residence and an accessory dwelling unit currently developed on the subject property.

The contracted wastewater service agreement authorization terms in one year – February 7, 2026 – from the date of its administrative approval by the LAFCO Executive Officer unless an extension is approved. In the interim, the landowner of the subject property shall proceed with filing an annexation with LAFCO as the permanent means for the City of Escondido to provide wastewater service.

Confirmation:

KEENE SIMONDS
Executive Officer

February 7, 2025
Resolution No. 2025-35
Exhibit "B"

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73 Item6.

Attachment “1”

74 Item6.

Attachment “1”

75 Item6.

Attachment “1”

76 Item6.

APN: 239-051-03-00
November 04, 2024
Robert Barry
Senior Planner
City of Escondido
1521 S
. Hale Ave.

Escondido, CA 92025
Eliud Lopez
Property Owner
455 Bear Valley Rd..

San Diego, CA 92025
Site Address: 455 Bear Valley Pkwy. Escondido, CA.
92025
Dear Mr. Barry,
On October 31, 2024, staff from the San Diego County Department of En vironmental Health and Qu ality
(DEHQ), conducted a site consultation at the parcel listed above to evaluate the feasibility of upgrading the existing septic vs. connecting the residence to the public sewer system.

DEHQ has
no records to indicat e the current size or location of the existing septic system; Mr.

Lopez reports
that the system is frequently backing up/failing. The property has an occupied ADU in addition to the SFD resulting in the system being over burdened.

The parcel includes a major creek at the front abutting Bear Valley pkwy. Supplemental treatment would likely be the only way to meet current setbacks, and ground water separation requirements. Existing grading on the property has limited the available space to a very small corner; if a septic system were to be installed in the available space it would likely not be
able to support both dwellings based on current L.A.M.P standards.

Mr. Lopez reports that there is an existing easement on his property with a stub-out for the sewer.

Given that the current septic system has failed, and there is virtually no way to replace it DEHQ requests that the parcel be annexed into the City of Escondido’s wastewater district. Facilitating a sewer connection as soon as possible will minimize possible environmental and public health ri sks.

Thank
you for your time, if you have any questions I can be reached at 619-366-15 90, or [email protected]
“Environmental and public health through leadership, p artnership and science”

AMY HARBERT

DIRECTOR

DEPARTMENT OF ENVIRONMENTAL HEALTH AND QUALITY
P.O. BOX 129261, SAN DIEGO, CA 92112-9261
Phone: (858) 505-6700 or (800) 253-9933 Fax: (858) 505-6786 www.sdcdeh.org

HEATHER BUONOMO, REHS

DIRECTOR OF ENVIRONMENTAL HEALTH
Attachment "2"
77 Item6.

Sincerely,
C. Jordan
Environmental Health Specialist II
Dept. of Environmental Health & Quality
P.O. BOX 129261, San Diego, Ca. 92112-9261
Jordan, Conner
Digitally signed by Jordan,
Conner
Date: 2024.11.04 07:47:22 -08'00'
Attachment "2"
78 Item6.

Attachment "3"
79 Item6.

Attachment "3"
80 Item6.

STAFF REPORT

April 16, 2025
File Number 0430-20

SUBJECT

REQUEST FOR AUTHORIZATION TO FILE A SMART GROWTH INCENTIVE PROGRAM GRANT

APPLICATION FOR GRANT FUNDS AND ACCEPTANCE OF TERMS OF GRANT AGREEMENT

DEPARTMENT
Development Services Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2025 -32, authorizing the Development Services Department to submit an application for the Smart Growth Incentive Program grant application and accept the terms of the grant agreement.

Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Jonathan Schauble, City Engineer and Veronica Morones, City Planner ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Land Use/Development; Public Works/Infrastructure
This item would support the City’s implementation of the sixth cycle housing element and assist in maintain compliance with the requirements set forth by state housing element law.

COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development

FISCAL ANALYSIS
Approval of this request would result in no direct fiscal impact to the City as it would authorize submittal of an application for consideration by the awarding agency. In the event one or both projects are selected for funding, the City would receive up to $2,050,000 for funding of these projects and a subsequent budget adjustment would be brought before the City Council for action.

PREVIOUS ACTION
None

81 Item7.

BACKGROUND
The San Diego Association of Governments ( “SANDAG”) is soliciting applications for its Smart Growth Incentive Program ( “SGIP”). The SGIP Program provides San Diego County residents with safer, more efficient, and accessible transportation. Funded by TransNet, the half -cent sales tax approved by voters in 1988 to fund local transportation projects, SGIP funds comprehensive public infrastructure projects and planning activities that facilitate compact, mixed-use, transit-oriented development and increase housing and transportation choices. Since 2009, nearly $60 million in TransNet funds have been distributed to the cities and the County of San Diego to complete scores of planning and capital projects.

As part of the SGIP application, SANDAG requires an applying agency submit a resolution authorizing submittal of the grant application and accepting the terms of the grant agreement from their elected officials.

Proposed Projects
Affordable Housing Trust Fund and in-lieu fee: The City’s adopted sixth cycle housing element and East Valley Specific Plan require the creation of an affordable housing trust fund and establishment of an associated in -lieu fee for the East Valley Specific Plan area. This project would entail creation of an affordable housing trust fund program and procedure for distribution from the fund; an ordinance for incorporation into the Escondido Zoning Code; and establishment of an in-lieu fee to be paid into the fund as required by the East Valley Specific Plan. The objective of the trust fund is to increase affordable housing development within the East Valley Specific Plan area which is located within a high-quality transit corridor and within proximity to the Escondido Transit Center. Robust public outreach and engagement would occur as part of this project.

Grand Avenue Vision Project (final phase): This final phase of the Grand Avenue Vision Project realizes the community vision for an activated, pedestrian friendly, historic downtown. The project adds a traffic circle at Grand Avenue and Maple Street, as well as widening sidewalks on Grand Avenue between Escondido Blvd. and Maple St. to enhance comfort and accessibility fo r shoppers and diners. Additional improvements, including colored scored concrete, festoon lighting, sidewalk etchings, expanded outdoor dining areas, and gateway features, will further enhance a safe, enjoyable experience for thousands of visitors to businesses and events on Grand Ave.

RESOLUTIONS
a) Resolution No. 2025-32
b) Resolution No. 2025 -32 – Exhibit “A” – Smart Growth Incentive Program Grant Agreement Template

82 Item7.

RESOLUTION NO. 2025-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ESCONDIDO, CALIFORNIA, AUTHORIZING THE

MAYOR TO FILE, ON BEHALF OF THE CITY, A SANDAG

SMART GROWTH INCENTIVE PROGRAM GRANT

APPLICATION FOR GRANT FUNDS AND ACCEPTING

THE TERMS OF THE GRANT AGREEMENT

WHEREAS, up to $45 million of TransNet funding for Smart Growth Incentive Program ( “SGIP”) projects is available to local jurisdictions and the County of San Diego through the SGIP Program; and WHEREAS, City of Escondido wishes to receive grant funding from SANDAG; and WHEREAS, City of Escondido certifies that it ha s an adopted Climate Action Plan ( “CAP”) or Greenhouse Gas (“GHG”) reduction plan that includes all of the following items:
 Establishes a locally appropriate 2030 GHG reduction target for communitywide GHG emissions derived from the State’s legislative target for 2030 (as established by SB 32 or as amended by future legislation) and establishes long-term targets; and
 Quantifies, using substantial evidence, how local GHG reduction strategies, programs, and measures would meet or exceed the local GHG reduction target; and  Establishes a mechanism to monitor the plan’s progress toward achieving the target, including reporting data to SANDAG and a requirement to amend the plan if it is not achieving adopted goals.

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

1. That the above recitations are true.
83 Item7.

2. That the City Council authorizes the submittal of the Smart Growth Incentive Program grant application for the following Projects to SANDAG, which are:
 Affordable Housing Trust Fund; and
 Grand Avenue Vision Project.

BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund one or more of these projects, the City of Escondido commits to providing the matching fund amounts per project as listed in the grant application; and
BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG, the City of Escondido City Council authorizes staff to accept the grant funds, execute the grant agreement(s) with no exceptions in substantially the same form as provided with the call for projects, and complete the Project(s), as depicted under Exhibit “A”; and
BE IT FURTHER RESOLVED that, the City of Escondido understands and agrees that SAND AG shall have no liability for costs that may arise associated with the Projects, which are not included in the grant agreement(s), including but not limited to costs stemming from claims, litigation, changes in law, or force majeure events.
84 Item7.
1 GRANT AGREEMENT BETWEEN

THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND
[JURISDICTION NAME]
REGARDING [FULL PROJECT TITLE]
TRANSNET SMART GROWTH INCENTIVE PROGRAM – CYCLE 6
SANDAG CONTRACT NO. [ERP NUM BER]
THIS GRANT AGREEMENT (“Agreement”) is made and entered into effective as of the last signature date below by and between the San Diego Association of Governments (“SANDAG”) and [JURISDICTION NAME] (“Grantee”). This Agreement expires on [Month and Day, Year], unless amended in writing by mutual agreement of the parties.

The following recitals are a substantive part of this Agreement:

A. The SANDAG Board of Directors allocates funds under the TransNet local sales tax program t o s
upport local transportation-related infrastructure projects in the San Diego region through a c
ompetitive process.

B. The TransNet Extension Ordinance contains provisions to fund the Smart Growth Incentiv e Pr
ogram (SGIP), for which funding began on April 1, 2008. The SGIP encompasses projects that better integrate transportation and land use and recognizes the comprehensive effort to integrat e s
mart growth place-making, access to transit, and environmental justice.

C. In January 2010, the SANDAG Board of Directors approved Board Policy No. 035: Competitiv e G
rant Program Procedures, which is available in its updated version at https://www.sandag.org/about/bylaws-and-policies. This Agreement and the Grantee’s perf ormance are subject to Board Policy No. 035, as the same may be amended from time to time, which in
cludes multiple “use it or lose it” provisions.

D. On N ovember 22, 2024, the SANDAG Board of Directors approved the program eligibility and ev
aluation criteria for the SGIP Cycle 6 Call for Projects, including up to $45 million in funding from T
ransNet.

E. On [Insert Date], SANDAG issued a call for projects from local jurisdictions in San Diego County that wish to apply for a portion of the TransNet SGIP funds for use on climate action planning, planning, and capital improvement projects meeting certain criteria.

F. On [Insert Date], the SANDAG Board of Directors approved a list of recommended SGIP Cycle 6 projects for this competitive grant cycle, and one of those projects is the subject of this Agreement (Project). The Project Scope of Work and Budget, and Project Schedule are included as Attachments A and B, respectively.

G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide G
rantee with funding to implement the Project.

H. Although SANDAG will provide financial assistance to Grantee to support the Project, SANDAG will not take an active role or retain substantial control of the Project. Therefore, this Agreement is characterized as a funding agreement rather than a cooperative agreement.

Resolution No. 2025-32
Exhibit "A"

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85 Item7.
2 NOW, THEREFORE, it is agreed as follows:

I. GRANT AWARD
A. The total amount payable by SANDAG to Grantee under this Agreement shall be the proportion of actual Project costs allocated to grant funding in the Project Budget (Attachment A) and shall not exceed the grant award of [dollar amount] (Fund Limit).

B. It is agreed and understood that this Agreement Fund Limit is a ceiling and that SANDAG will only reimburse the allowable cost of services rendered as authorized by SANDAG at or below the Fund Limit.

C. Grantee is included in the Regional Transportation Improvement Plan (RTIP). The TransNet MPO ID for the Project is [ID Number].

II. PROJECT BUDGET
The Grantee and SANDAG have agreed to a Project Budget outlined in Attachment A. The Grantee and third-party contractor(s) will incur obligations to the Project only as authorized by the Project Budget.

Grantee may, with prior written approval from the SGIP Program Manager, reallocate funds between tasks in the Project Budget as long as all of the following conditions are met:

1. The funds to be reallocated do not exceed an aggregate amount of ten percent for any particular task in the Project Budget,

2. The reallocation does not negatively impact the benefits obtained from the Project, and

3. There is no increase to the Fund Limit or decrease to the matching funds.

Any other changes to the Project Budget require the issuance of an amendment to this Agreement.

III. MATCHING FUNDS
Grantee agrees to provide matching funds in an amount of [dollar amount] of the actual cost of the Project, estimated to be [number including two decimals (e.g., 15.00)] percent based on the Project Budget. If the actual cost of the Project exceeds the Project Budget, Grantee is responsible for 100 percent of the actual cost greater than the Project Budget.

A. Availability of Grant Funding
Except where expressly allowed in writing herein, credits for matching funds will be made or allowed only for work performed on and after the Agreement effective date and before the termination date of this Agreement, unless expressly permitted by SANDAG in writing .

B. Reduction of Matching Funds
The Grantee agrees that no matching funds may be reduced unless a reduction of the proportional share of the grant funding provided by SANDAG under this Agreement is also made.

C. Prompt Payment of Grantee’s Share of Matching Funds
Grantee agrees to complete all actions necessary to provide its share of the Project costs at or before the time the matching funds are needed from Grantee to pay for Project costs. The Grantee agrees to provide not less than its cumulative required match amount of Project costs prior to invoicing SANDAG for reimbursement. Each of Grantee’s invoices must include its matching fund Resolution No. 2025-32
Exhibit "A"

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86 Item7.
3 contribution, along with supporting, descriptive, and explanatory documentation for the matching funds provided.

IV. PROJECT MANAGER
Grantee’s Project Manager is [Project Manager].

The SGIP Program Manager is Goldy Herbon,.

Project Manager continuity and experience are deemed essential in Grantee’s ability to carry out the Project under the terms of this Agreement. Should the Grantee change the Project Manager, it will provide written notice to the SGIP Program Manager within ten business days of the change, including contact information for the new Project Manager.

V. NOTICE
All notices required to be given, by either party to the other, shall be deemed fully given when made in writing and received by the parties at their respective addresses:

San Diego Association of Governments
Attention: Grants Program Manager
401 B Street, Suite 800
San Diego, CA 92101
Grantee:
[Jurisdiction Name]
Attention: [Project Manager]
[Address]
[City, CA, ZIP]
VI. PROJECT IMPLEMENTATION
A. General
The Grantee agrees to carry out the Project as follows:

1. Project Description
Grantee agrees to perform the work as described in the Scope of Work included in Attachment A.

2. Grantee’s Capacity
The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project as described in Attachment A and provide for the use of any Project property; (b) carry out any safety and security aspects of the Project; and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee , as the same may be amended from time to time, including but not limited to Board Policy No. 035.

3. Project Schedule
The Grantee agrees to complete the Project according to the Project Schedule included in Attachment B and in compliance with Board Policy No. 035, as the same may be amended from time to time.

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4 4. Project Implementation and Oversight Requirements
Grantee agrees to comply with the Performance Measures included in Attachment C.

5. Changes to Project Scope of Work
This Agreement was awarded to Grantee based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the project application. Any substantive deviation from Grantee’s Scope of Work during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the grant program and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process.

SANDAG reserves the right to have grant funding withheld from Grantee, or refunded to SANDAG, due to Grantee’s failure to complete the Project satisfactorily or due to substantive changes to the Project not approved in advance by SANDAG.

B. Application of Laws
Should a federal or state law pre-empt or conflict with a local law, policy, or ordinance, the Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree to make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions expeditiously.

C. Changes in Project Performance
The Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event, including a force majeure event, that may adversely affect the Grantee’s ability to perform the Project under the terms of the Agreement and as required by Board Policy No. 035. The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG’s interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG’s Grants Program Manager.
[Include the following CIS language for capital projects only.] D. Compliance Information System (CIS)
If Grantee will utilize persons other than its own employees to carry out work, Grantee and all of its third-party contractors and subcontractors (hereinafter “subcontractors”) shall report payment details using the SANDAG web-based CIS by the 15th of each month following receipt of payment by SANDAG. The CIS is available at https://sandag.sbdbe.com. C IS allows SANDAG to monitor the
promptness of payment to subcontractors and will allow Grantee and its subcontractors to manage their own records, maintain accurate contract information, and report payment details online. CIS is mandatory for Grantee and subcontractors to use unless SANDAG instructs otherwise. After execution of this Agreement, Grantee will receive instructions on how to set up its account and enter required subcontractor data into CIS via an internet browser. Grantee must require each subcontractor to enter the required payment information into CIS. Failure of Grantee or its Resolution No. 2025-32
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88 Item7.
5 subcontractors to enter required information and confirm payments on a timely basis will delay payment by SANDAG to Grantee until Grantee has cured any defects or provided the missing information. Should Grantee fail to provide the required information, SANDAG shall have sole discretion regarding whether to withhold payment or terminate this Agreement.

E. Licenses and Permits
Grantee represents and warrants to SANDAG that Grantee and its subcontractors will have all necessary licenses, permits, qualifications and approvals of whatever nature that are required to legally practice its profession and perform services under this Agreement at all times during the term of this Agreement.
[Include the following DIR language for capital projects only.] F. Registration with DIR and Prevailing Wage Requirements All provisions of this section shall be passed through to any subcontractors performing work related to this Agreement. Additional requirements for public works projects are included in Attachment D.

1. Payment of Prevailing Wages
Grantee acknowledges that any work that qualifies as a “public work” within the meaning of California Labor Code section 1720 shall cause Grantee and its subcontractors to comply with the provisions of California Labor Code sections 1775 et seq, which includes the payment of prevailing wages to all workers performing prevailing wage work.

2. Public Works Contractor Registration With DIR
If Grantee or its subcontractors will engage in the performance of a public work as defined by California Labor Code sections 1720 et seq. and will utilize persons who are not employees of a public entity, registration and payment of an annual registration fee to the DIR shall be required of each entity performing the work. This requirement applies to anyone affected by the public works statutes found in the California Labor Code, including but not limited to landscapers, fencers, surveyors, soil testers, dredgers, heavy equipment operators, and inspectors. Registration can be completed online at https://www.dir.ca.gov/public-works/contractor-registration.html.

3. Subcontract Requirements
If Grantee will award any subcontracts for the performance of a public work:
a. Grantee will create a Project Registration Form (PWC-100 form) for each subcontract using the online database of the California Department of Industrial Relations (DIR). b. Grantee shall notify SANDAG ten business days prior to the subcontractor performing the prevailing wage work so SANDAG can prepare for labor compliance monitoring. Grantee will provide to SANDAG the name, DIR registration number, and contractor’s license numbers of each subcontractor so SANDAG or its labor compliance designee can verify, that the selected subcontractor is currently licensed and registered with the DIR. If SANDAG finds that the selected subcontractor is not licensed and registered with the DIR, SANDAG will promptly notify Grantee and Grantee will be required to notify the selected subcontractor to stop work.
c. If there are any changes to a subcontractor or lower-tier subcontractor, Grantee will advise SANDAG of these changes as soon as those changes are known to the Grantee .

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6 4. Certified Payroll Reporting to DIR
Grantee and all subcontractors performing a public work under t his Agreement shall use the DIR’s Electronic Certified Payroll Reporting (eCPR) System, available at https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html, to furnish certified payroll records to the California Labor Commissioner. Grantee and its subcontractors are required to utilize the eCPR system throughout the entire duration of the public work.

5. C ertified Payroll Reporting to SANDAG
In addition to the eCPR system, Grantee and all subcontractors performing a public work shall utilize the SANDAG Labor Compliance Monitoring System (LCMS), available at https://www.sandag.org/about/work-with-us/labor-compliance-monitoring-program t o furnish certified payroll records to SANDAG. If Grantee desires to utilize a different system to provide certified payroll records to SANDAG, it must request prior authorization and receive approval in writing from the Grants Program Manager.

Grantee w
ill be required to enter all of its subcontractors ’ information into LCMS on an ongoing basis. The SANDAG LCMS will allow Grantee to convert certified payroll records to the XML file format for upload to the DIR system.

6. Retention and Inspection of Payroll Records and Employment of Registered Apprentices Grantee agrees to comply and cause any of its applicable subcontractors to comply with Labor Code section 1776 regarding retention and inspection of payroll records and noncompliance penalties, Labor Code section 1777.5 regarding employment of registered apprentices, and Labor Code section 1813 regarding forfeiture for violations of the maximum hours per day and per week provisions contained in the same chapter. ln order to ensure compliance with the Labor Code, Grantee and its subcontractors shall be subject to site visits and spot-check audits by SANDAG or its labor compliance designee. During these audits and inspections, SANDAG or its designee may request Grantee or subcontractor records, including but not limited to certified payroll, apprenticeship, and other ancillary records at any time during the term of the Agreement.

If such an audit or site visit discloses that Grantee or a subcontractor has not kept complete and accurate records or complied with the requirements of the California Labor Code, SANDAG will notify the Grantee and request that the Grantee complete a written Action Plan that includes specific actions the Grantee will take to remedy the outstanding issues and a timeline to bring the Project into compliance. Should the Grantee be unable to submit its Action Plan by the deadline included in the notice or complete its Action Plan in a timely manner, SANDAG will notify the DIR of potential labor compliance issues related to the Project.

Additionally, if Grantee was provided an exception to utilizing the SANDAG LCMS, Grantee will be required to input and submit all applicable certified payrolls and accompanying documentation related to the Project, retroactive to the start of the Project, into the SANDAG LCMS.

G. Standard of Care
Grantee expressly warrants that the work to be performed under this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its management , or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its third-party contractors.

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7 H. Third-Party Contracting
Although the Grantee may delegate any or almost all Project responsibilities to one or more third- party contractors, the Grantee agrees that it, rather than any third-party contractor, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. The first invoice utilizing any third-party contractor shall be accompanied by evidence of compliance with the following requirements:

1. Competitive Procurement
Grantee shall not award contracts with a cumulative value over $10,000 based on a noncompetitive procurement for work to be performed under this Agreement without the prior written approval of the SGIP Program Manager for such sole source. A Sole Source Request template can be obtained by contacting the SGIP Program Manager. Grantee shall submit its Request for Proposals or bid solicitation documents to SANDAG staff when requesting reimbursement of any third-party contractor expenses to ensure a competitive process was used.

If Grantee hires a third-party contractor to carry out work funded under this Agreement, Grantee shall: prepare a cost estimate prior to soliciting proposals/bids; publicly advertise for competing proposals/bids for the work; for professional services, use cost as a significant evaluation factor in selecting the third-party contractor; document a record of negotiation establishing that the amount paid by Grantee for the work is fair and reasonable; and pass through the relevant obligations in this Agreement to the third-party contractor.

2. Debarment
Grantee and its third-party contractors shall review debarment and suspension websites to confirm the proposed third-party contractor has not been disqualified from doing business with government entities. The documentation showing a lack of debarment shall be obtained from the following two websites:
• Grantee will check the System for Award Management (SAM) at www.sam.gov to verify
the third-party contractor and all of its subcontractors are not currently debarred or suspended by the federal government.
• E ntities in the United States are banned from doing business with companies with ownership based in countries such as Cuba, Sudan and China due to United States trade sanctions. A search on the US Treasury’s Office of Foreign Assets Control (OFAC) website can ensure Grantee will not be doing business with a vendor that is subject to trade sanctions. This can be done at https://sanctionssearch.ofac.treas.gov/.

3. Flowdown
Grantee agrees to take appropriate measures necessary, including the execution of a subagreement, lease, third-party contract, or other contractual agreement, to ensure that all Project participants, including alternate payees or third-party contractors at any tier, comply with all applicable federal laws, regulations, policies affecting Project implementation and Agreement requirements. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee’s responsibilities as outlined in this Agreement.

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8 4. No SANDAG Obligations to Third Parties
In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subcontractor, lessee, third-party contractor at any tier, or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, alternate payee designation, or third-party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee.

5. Equipment Purchases
Grantee shall maintain ownership of any equipment purchased using Agreement funding and shall use such equipment only for the purposes outlined in this Agreement. The parties agree to meet and confer in good faith to ensure the equipment's continued use for the intended purposes, which may include reimbursement to SANDAG when the fair market value of the equipment at Project completion exceeds $5,000. SANDAG and Grantee further agree that Grantee shall keep an inventory record for each piece of equipment purchased under this Agreement and maintain each piece of equipment in good operating order consistent with the purposes for which they were intended. SANDAG shall have the right to conduct period ic maintenance inspections to confirm the equipment's existence, condition, and proper maintenance.

VII. ETHICS
A. Grantee Code of Conduct/Standards of Conduct
The Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third-party contracts supported with the grant funding.

The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subcontractor, lessee, or third-party contractor at any tier or agent thereof. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third-party contractors or subcontractors or their agents.

B. Personal Conflicts of Interest
The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee ’s employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third-party contract or subagreement supported by the grant funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of their immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein have a financial interest in a firm competing for award.

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9 C. Organizational Conflicts of Interest
The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third-party contractor or subcontractor or impair its objectivity in performing the contract work.

D. SANDAG Code of Conduct
SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices that might result in unlawful activity are prohibited, including, but not limited to, rebates, kickbacks, or other unlawful considerations.

SANDAG staff members are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual Board member or staff has a prohibited financial interest in the contract. Staff also are prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG’s officers, employees, agents, and board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists concerning the Agreement or the Project, it shall notify the SANDAG Office of General Counsel immediately.

E. Bonus or Commission
The Grantee affirms that it has not paid and agrees not to pay any bonus or commission to obtain approval of its grant funding application for the Project.

F. False or Fraudulent Statements or Claims
The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee ’s grant application, progress reports, and invoices.

VIII. PAYMENTS
A. Reimbursement Basis
Payment to Grantee for work performed pursuant to this Agreement will be on a reimbursement basis and will be based on actual, substantiated, and allowable costs incurred by the Grantee with documentation provided to SANDAG.

B. Alternate Payee
If the Grantee designates a party as an Alternate Payee, Alternate Payee is authorized to submit payment requests directly to SANDAG to receive reimbursement for allowable Project costs. This does not alleviate Grantee from all obligations under this Grant Agreement.

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10 C. Invoicing
Grantee or Alternate Payee is required to submit invoices no more often than quarterly using a template provided by SANDAG. Invoices must be accompanied by a quarterly report using the quarterly report template provided by SANDAG. SANDAG will make payments for eligible amounts to Grantee or Alternate Payee as promptly as SANDAG fiscal procedures permit upon receipt of Grantee’s or Alternate Payee’s itemized signed invoice(s), backup, deliverables, and confirmation by the SGIP Program Manager that Grantee is in compliance with the reporting and other requirements in this Agreement. SANDAG shall retain 10 percent from the amounts invoiced until the satisfactory completion of the Project. SANDAG shall promptly pay retention amounts to Grantee or Alternate Payee following satisfactory completion of the Scope of Work, including but not limited to receipt of all deliverables, completion of a final site visit and notification that all labor compliance requirements have been met (for capital projects), the final invoice, and all required documentation.

D. Eligible Costs
The Grantee agrees that Project costs eligible for grant funding must comply with the following requirements unless SANDAG determines otherwise in writing. To be eligible for reimbursement, Project costs must be:

1. Consistent with the Project Scope of Work, Schedule, and Project Budget, and other provisions of the Agreement.

2. Necessary to accomplish the Project.

3. Reasonable for the goods or services purchased.

4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that reduces the cost actually incurred, excluding program income). Project-generated revenue realized by the Grantee shall be used to support the Project. Project-generated revenue and expenditures, if any, shall be reported at the end of the Agreement period.

5. Incurred for work performed on or after the Agreement effective date and before the termination date, and also must have been paid for by the Grantee.

6. Satisfactorily documented with supporting documentation, which will be submitted with each invoice. Copies of third-party contractor invoices are required for goods or services provided by third parties.

7. Treated consistently following generally accepted accounting principles and procedures for the Grantee and any third-party contractors and subcontractors, (see Section entitled “Accounting, Reporting, Record Retention, and Access”).

8. Eligible for grant funding as part of the grant program through which the funds were awarded.

9. Indirect costs are only allowable if they were included in the Grantee’s original project application and Project Budget and were approved by SANDAG.

E. Excluded Costs
In determining the amount of TransNet funds SANDAG will provide for the Project, SANDAG will exclude the following:

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94 Item7.
11 1. Any Project cost incurred by the Grantee before the Effective Date of the Agreement or applicable Amendment.

2. Any cost that is not included in the Project Budget.

3. Any cost for Project property or services received in connection with a subagreement, lease, third-party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG.

4. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies.

5. Indirect costs unless they were included in the Grantee’s original project application and Project Budget and were approved by SANDAG.

The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG’s final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of this Agreement or Board Policy No. 035 (as the same may be amended). The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers’ Oversight Committee (ITOC) have been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the grant funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee’s responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter SANDAG ’s right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of grant funding, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges.

IX. ACCOUNTING, REPORTING, RECORD RETENTION, AND ACCESS A. Project Accounts
The Grantee and Alternate Payee agree to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee and Alternate Payee also agree to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project.

B. Reports

1. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, or any other reports SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. Grantee may be required to attend meetings of SANDAG staff and committees, including but not limited to the TransNet Independent Taxpayer Oversight Committee, Transportation and Regional Planning Committees and the SANDAG Board of Directors, to report on its progress and respond to questions from Committee or Board Members or the public.

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12 2. Grantee’s performance shall be monitored for consistency with the Scope of Work. SANDAG will utilize Performance Measures (Attachment C) and the SANDAG Grant Monitoring Checklist provided by the SGIP Program Manager, to document compliance with this Agreement.

Grantee’s performance will be measured against the Performance Measures during the term of this Agreement. If the Grantee does not comply with provisions in this Agreement or achieve minimum performance requirements, SANDAG will issue Grantee a written Notice to Complete a Recovery Plan (Notice). Grantee’s Recovery Plan shall include a detailed description of how Grantee intends to come into compliance with the Agreement or Performance Measures.

Grantee’s Recovery Plan must include an implementation schedule that reflects compliance with the Agreement as referenced in the Notice, or achievement of its performance measure minimums within three months following the issue date of the Notice. Grantee must submit its Recovery Plan to the SGIP Program Manager within 30 calendar days following the issue date of the Notice. If Grantee’s performance is inconsistent with that proposed in its Recovery Plan, SANDAG, in its sole discretion, may terminate this Agreement.

3. Grantee must submit quarterly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of the Project’s budget, schedule, and Performance Measures using templates provided by SANDAG. The Quarterly Progress Report shall be submitted to SANDAG within 30 days after each period close, covering January 1 to March 31; April 1 to June 30; July 1 to September 30; and October 1 to December 31. Grantee will not be paid until all reports are completed and provided to SANDAG in the format and with the content SANDAG requires.

Furthermore, the Grantee agrees to provide project milestone information (such as presentations to community groups, other agencies, and elected officials, groundbreakings, and ribbon-cuttings) to support media and communications efforts. Grantee needs to document and track in-kind contributions designated as matching funds as part of project management.

Grantee must provide all deliverables identified in the Scope of Work in order to receive payment.

4. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral based on logo usage guidelines to be provided by SANDAG. Grantee agrees to provide project milestone information to support media and communications efforts.

5. Grantee is responsible for the following photo documentation:
• For capital projects, pre-construction photos, which should illustrate the conditions of the project site before construction and demonstrate the need for improved facilities. • Project milestone photos (such as workshops, presentations to community groups, other agencies, and elected officials)
• Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and be provided to SANDAG with captions including project descriptions, dates, locations, and the names of those featured, if appropriate. Grantees must obtain the consent of all persons featured in photos (or that of a parent or guardian of persons under the age of 18) by using the SANDAG Photo and Testimonial Release form to be provided by SANDAG, or a similar release form developed by Grantee and agreed upon by SANDAG.

C. Record Retention
During the course of the Project and for three years thereafter from the date of transmission of the final invoice, the Grantee agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project , as Resolution No. 2025-32
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96 Item7.
13 SANDAG may require. A ll communications and information provided to SANDAG become the property of SANDAG and public records, as such, may be subject to public review. Please see SANDAG’s Board Policy No. 015: Records Management Policy, which is available at https://www.sandag.org/about/bylaws-and-policies, for information regarding the treatment of documents designated as confidential.

D. Meet ing Records
Grantee shall provide SANDAG with agendas and meeting summaries for all community meetings.

SANDAG staff may attend any meetings as appropriate.

E. Access to Records of Grantees and Third-Party Contractors The Grantee agrees to permit, and require its third-party contractors to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its third-party contractors pertaining to the Project.

X. PROJECT COMPLETION, AUDIT, SETTLEMENT, AND CLOSEOUT
A. Project Completion
Within 90 calendar days following Project completion or termination by SANDAG , the Grantee agrees to submit a final invoice of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project.

B. Project Audit
The Grantee agrees to have financial, performance, and compliance audits performed as SANDAG may require. The Grantee agrees that Project closeout will not alter the Grantee’s audit responsibilities. Audit costs are allowable Project costs.

C. Performance Audit
The Grantee agrees to cooperate with SANDAG or ITOC regarding any performance audit performed on the Project.

D. Project Closeout
Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final grant funding payment and or acknowledges that the Grantee has remitted the proper refund. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements outlined in a written notification from SANDAG.

XI. TIMELY PROGRESS AND RIGHT OF SANDAG TO TERMINATE
A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines outlined in the Project Schedule and consistent with Board Policy No. 035 and any amendments thereto.

B. In the event Grantee encounters or anticipates difficulty in meeting the Project Schedule, the Grantee shall immediately notify the SGIP Program Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects Resolution No. 2025-32
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14 to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements.

C. Grantee agrees that SANDAG, at its sole discretion, may suspend or terminate all or any part of the grant funding if the Grantee fails to make reasonable progress on the Project and/or violates the terms of the Agreement or Board Policy No. 035 (as the same may be amended from time to time), or if SANDAG determines that the continuation of grant funding for the Project would not adequately serve the purpose of the laws or policies authorizing the Project.

D. In general, termination of grant funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused grant funding by failing to make adequate progress, complete the Scope of Work, meet the performance measures, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG the entire amount of grant funding provided for the Project or any lesser amount as SANDAG may determine.

E. Expiration of any Project time period established in the Project Schedule will not automatically constitute an expiration or termination of the Agreement for the Project. However, Grantee must request, and SANDAG may agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG’s discretion if Grantee’s request is consistent with the provisions of Board Policy No. 035.

XII. CIVIL RIGHTS
The Grantee agrees to comply with all applicable civil rights laws, regulations and policies and shall include the provisions of this section in each subagreement, lease, third-party contract or other legally binding document to perform work funded by this Agreement. Applicable civil rights laws, regulations and policies include, but are not limited to, the following:

A. Nondiscrimination
SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the public of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint related to the Project or program funded by this grant is lodged. If Grantee receives a Title VI-related or ADA- related complaint, Grantee must notify SANDAG in writing within 72 hours of receiving the complaint so that SANDAG can determine whether it needs to carry out its own investigation.

B. Equal Employment Opportunity
During the performance of this Agreement, Grantee and all of its third-party contractors, if any, shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, denial of pregnancy disability leave, veteran status, or sexual orientation. Grantee and its third-party contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its third-party contractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900, et seq.) and the Resolution No. 2025-32
Exhibit "A"

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98 Item7.
15 applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing California Government Code Section 12990 (a-f), outlined in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by this reference and are made a part hereof as if set forth in full. Grantee and its third-party contractors shall give written notice of their obligations under this clause to labor organizations with a collective bargaining or other Agreement.

XIII. DISPUTES AND VENUE
A. Choice of Law
This Agreement shall be interpreted under the laws of the State of California.

B. Dispute Resolution Process
If Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows:

1. Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to the SGIP Program Manager.

The SGIP Program Manager and other appropriate SANDAG staff will review the documentation promptly and reply to Grantee within 20 calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG’s Chief Executive Officer or designee. The request for reconsideration must be received within ten calendar days from the postmark date of SANDAG’s reply. The Chief Executive Officer or designee will respond in writing to the request for reconsideration within ten working days.

2. If Grantee is dissatisfied with the results following the exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG applicable policy advisory committee . SANDAG shall respond to a request for mediation within 30 calendar days. The decision of the applicable policy advisory committee shall be final. In the event that more than one policy advisory committee is responsible to make recommendations related to SGIP grant awards, the written request shall be submitted to the next regularly scheduled policy advisory committee.

C. Venue
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney’s fees, litigation and collection expenses, witness fees, and court costs as determined by the court.

XIV. ASSIGNMENT
Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement.

Resolution No. 2025-32
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16 XV. INDEMNIFICATION AND HOLD HARMLESS
A. Generally
With regard to any claim, protest, or litigation arising from or related to the Grantee ’s performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wage claims against the Project, asserted or established liability for damages or injuries to any person or property, including injury to the Grantee’s or its third-party contractors’ employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its third-party contractors and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its Board of Directors, agents, officers, or employees.

B. Intellectual Property
Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and its Board of Directors, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any liability caused solely by the wrongful acts of SANDAG employees or agents.

XVI. INDEPENDENT CONTRACTOR
A. Status of Grantee
Grantee shall perform the services provided for within this Agreement as an independent contractor, not an employee of SANDAG. Grantee shall be under the control of SANDAG as to the result to be accomplished and not the means. The payments made to Grantee under this Agreement shall be the full compensation to which Grantee is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall not be required to pay any workers’ compensation insurance on behalf of Grantee. Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security, overtime payment, or workers ’ compensation payment which SANDAG may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement.

B. Actions on Behalf of SANDAG
Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees to any obligation whatsoever unless expressly provided for in this Agreement.

XVII. SEVERABILITY AND INTEGRATION
If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder continues to conform to the requirements of applicable laws or regulations.

Resolution No. 2025-32
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17 This Agreement, with its attachments and the resolution from Grantee’s governing body submitted with its application, represents the entire understanding of SANDAG and Grantee regarding those matters. No prior oral or written understanding shall be of any force or effect concerning those matters covered herein.

This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee.

XVIII. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the last signature date below .

SAN DIEGO ASSOCIATION OF

GOVERNMENTS
[JURISDICTION NAME]
SUSAN HUNTINGTON Date
Director of Financial Planning, Budgets,
and Grants
[FULL NAME] Date [Title]
APPROVED AS TO FORM:

Office of General Counsel Date

Resolution No. 2025-32
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18 ATTACHMENT A

SCOPE OF WORK AND PROJECT BUDGET
(Contracts to Insert final Scope and Project Budget from Excel file) Resolution No. 2025-32
Exhibit "A"

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19 ATTACHMENT B

PRO JECT SCHEDULE
(Contracts to Insert final Project Schedule from Excel file) Resolution No. 2025-32
Exhibit "A"

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20 ATTACHMENT C

PERFORMANCE MEASURES
Grantee must provide sufficient evidence that demonstrates the use of grant funding meets all SGIP goals and objectives. Grantee agrees to the following performance measures:
(Contracts to Insert final Performance Measures provided by Grants Division) Resolution No. 2025-32
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21 ATTACHMENT D

PUBLIC WORKS REQUIREMENTS
Any subcontract entered into as a result of the Agreement, shall contain all the provisions of these Public Works Requirements. Use of the term “Contractor” herein shall refer to “Grantee and its third-party contractors” as defined in the Agreement and use of the term “Contract” herein shall refer to the “Agreement”.
7 1.01A LABOR CODE REQUIREMENTS
7 1.01A(1) HOURS OF LABOR
Eight (8) hours labor constitutes a legal day’s work. The Contractor or any subcontractor under the Contractor shall forfeit, as a penalty to SANDAG, twenty five dollars ($25) for each worker employed in the execution of the Contract by the respective Contractor or subcontractor for each calendar day during which that worker is required or permitted to work more than 8 hours in any one calendar day and forty (40) hours in any one calendar week in violation of the requirements of the Labor Code, and in parti cular, §§1810 - 1815, thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one half times the basic rate of pay, as provided in §1815 thereof.
7 1.01A(2) PREVAILING WAGE
The Contractor shall pay wage rates consistent with the State of California Labor Code and the California Department of Industrial Relations.

The wage rates determined by the Director of Industrial Relations can be found in the State Prevailing Wage Rates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this Contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Contract, each successive predetermined wage rate shall apply to this Contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Contract, such wage rate shall apply to the balance of the Contract.

Contractor and any subcontractor under Contractor shall comply with Labor Code §§1774 and 1775.

Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to SANDAG a penalty of not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code §§ 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each Resolution No. 2025-32
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22 worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime contractor of the project is not liable for the penalties described above unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor f ails to comply with all of the following requirements:

A. The contract executed between Contractor and the subcontractor for the performance of work on the Project shall include a copy of the requirements in §§1720.9, 1771, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code.

B. Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

C. Upon becoming aware of the subcontractor’s failure to pay the specified prevailing rate of wages to the subcontractor’s workers, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

D. Prior to making final payment to the subcontractor for work performed on the public works project, Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor ’s employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.

Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify a contractor on a public works project within fifteen (15) days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if SANDAG did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, Contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, Contractor shall pay all moneys retained from the subcontractor to SANDAG. These moneys shall be retained by SANDAG pending the final decision of an enforcement action.

Pursuant to the requirements in Labor Code §1773, SANDAG has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Labor Code §1773.1, apprenticeship or other training programs authorized by Labor Code §3093, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

The general prevailing wage rates and any applicable changes to these wage rates are available at the Labor Compliance Office at the offices of the District Director of Transportation for the district of Caltrans in which the work is situated or at the California Department of Industrial Relations’ website at:
http://www.dir.ca.gov.

Resolution No. 2025-32
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23 The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates.

Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for Bids and are good for the life of the Contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the Contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.

Pursuant to §1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the Work.

Changes in general prevailing wage determinations that conform to Labor Code §1773.6 and Title 8 California Code of Regulations §16204 shall apply to the Project when issued by the Director of Industrial Relations at least ten (10) days prior to the date of the Notice to Contractors for the Project.

Pursuant to Labor Code §1720.9, “public works” shall include the hauling and delivery of ready -mixed concrete to carry out a public works contract for SANDAG. 7 1.01A(2)(A) TRAVEL AND SUBSISTENCE PAYMENTS
Contractor shall make travel and subsistence payments to each workman, needed to execute the Work, in conformance with the requirements in Labor Code Section 1773.1. 7 1.01A(3)(A) PAYROLL RECORDS – LABOR CODE REQUIREMENTS Attention is directed to the requirements in Labor Code §1776, a portion of which is quoted below.

Regulations implementing Labor Code §1776 are located in §§16200 et seq. of Title 8, California Code of Regulations.
“(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, last 4 digits of social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1720.9, 1771, 1811, and 1815 of the Labor Code for any work performed by its employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or their authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Resolution No. 2025-32
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24 Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual’s name, address and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated.
(f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (g) The contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the ten (10) day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.”
The penalties specified in subdivision (h) of Labor Code Section 1776 for noncompliance with the requirements in Section 1776 may be deducted from any moneys due or which may become due to the Contractor.

A copy of all payrolls shall be uploaded weekly to the SANDAG Labor Compliance Monitoring System (LCMS) no later than ten calendar days after the payroll week end date. Payrolls shall contain the full name, address and Social Security number of each employee, the employee’s correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid.

They shall also indicate apprentices and ratio of apprentices to journeymen. The employee ’s address and social security number must be entered on all payrolls. The payroll shall be accompanied by a “ Statement of Compliance” signed by the employer or the employer’s agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Contract.

The “Statement of Compliance” shall be on forms furnished by SANDAG or on any form with identical wording. The Contractor shall be responsible to ensure submission of subcontractor payrolls in the LCMS and the Department of Industrial Relations (DIR) eCPR systems. In addition, the c ontractor is responsible for maintaining physical copies of all (prime/subcontractor) payrolls for DIR auditing purposes.

Submitted certified payrolls for hauling and delivering ready-mix concrete must be accompanied by a written time record. The time record must include the following information and be uploaded to LCMS:
• Truck driver’s full name
• Name and location of the batch plant
• Time the concrete was loaded
Resolution No. 2025-32
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25 • Time the truck returned to the batch plant
• Truck driver’s signature certifying under penalty of perjury that the information contained in it is true and correct.

The Contractor and each subcontract shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.
7 1.01A(3)(B) PAYROLL RECORDS – ADDITIONAL REQUIREMENTS The Contractor shall also maintain its records in conformance with the following:

A. At the preconstruction meeting, the Contractor will be provided with all necessary forms from the SANDAG current labor compliance consultant. The Contractor shall submit weekly a copy of all payrolls to SANDAG or to the labor compliance consultant, depending on the project. The copy shall be accompanied by a statement signed by the employer or its agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor or the State of California Labor Code, and that the classifications set forth for each laborer or mechanic conform to the work which he or she performed. The Prime Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The Contractor shall make the records required under the labor standards clauses of the Contract available for inspection by authorized representatives of SANDAG and the Department of Labor and shall permit such representatives to interview employees during working hours on the job.

B. Contractor, and each subcontractor having contracts exceeding $10,000, shall submit monthly a report of manpower utilization of the total work force for all work performed during the month. If Contractor or subcontractor does not perform work on the project during the month, a negative report shall be submitted. The reports shall be submitted by the 15th of the following month. Contractor shall be responsible for submission of reports of all subcontractors. If any required manpower utilization report is not received by the designated due date, SANDAG will retain 10 percent (10%) of the estimated value of the work during the month from the next monthly estimate, except that such retentions shall not exceed $10,000, nor be less than $1,000. Retentions for failure to submit manpower utilization reports will be additional to all other retentions provided for in this Contract. Retentions for failure to submit manpower utilization reports will be released for payment on the monthly estimate for partial payments next following the date that all the delinquent reports for which the retention was made are submitted C. The Contractor shall make its records available and is responsible for making its subcontractors ’ records available for inspection by authorized representatives of SANDAG or the state or federal government and shall permit such representatives to interview employees during working hours on the job.
7 1.01A(5) APPRENTICE REQUIREMENTS
A. Contractor and its subcontractors are required to meet the apprenticeship ratio of one hour of apprentice work for every five hours of journeyman work per Title 8 California Code of Regulations, §230.1 for its public works projects exceeding $30,000, with the exception of design build projects, which have a higher ratio requirement that graduates from 20% to 60% between 2016 and 2020. California Labor Code §1777.5 requires all public works contractors and subcontractors to submit contract award information to applicable apprenticeship programs that can supply apprentices to the site of the public work, employ registered apprentices, and make training fund contributions to approved apprenticeship programs.

B. Contractor and its subcontractors shall comply with §§1777.5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Code of Regulations §200 et seq. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each contractor or subcontractor should, where some question exists, contact the Division of Resolution No. 2025-32
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26 Apprenticeship Standards, or one of its branch offices prior to commencement of work on this Contract.

Responsibility for compliance with this Section lies with Contractor.

C. SANDAG encourages the employment and training of apprentices on public works contracts as may be permitted under local apprenticeship standards.
7 1.01A(7) WORKERS' COMPENSATION
Pursuant to the requirements in Labor Code §1860, the Contractor will be required to secure the payment of workers’ compensation to the Contractor’s employees in conformance with the requirements in Labor Code §3700.
7 1.01A(8) RECOVERY OF PENALTIES AND FORFEITURES
Attention is directed to Labor Code §§1730 to 1742, which calls for the Labor Commissioner to issue a civil wage and penalty assessment to Contractor or subcontractor or both if the Labor Commissioner determines after investigation that there has been a violation of the laws regulating public works contracts. Contractor or subcontractor may obtain review of a civil wage and penalty assessment by transmitting a written request for a hearing to the office of the Labor Commissioner that appears on the assessment within 60 days after service of the assessment. 7 1.01B CONTRACTOR’S LICENSING LAWS
Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code (commencing with §7000) concerning the licensing of contractors.

All Contractors and subcontractors shall be licensed in accordance with the laws and regulations of the State of California and with the requirements of this Contract and any Contractor or subcontractor not so licensed is subject to the penalties imposed by those laws. Contractor must also provide the license number for any subcontractor completing work in excess of one half of one percent of the total bid.

Resolution No. 2025-32
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STAFF REPORT

April 16, 2025
File Number 1330-85

SUBJECT

CONTINUING THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN

DEPARTMENT
Utilities Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2025-30, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Tr unk Sewer Main. The Resolution, which must be passed by four - fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property.

Staff Recommendation: Approval (Utilities: Angela Morrow, Director of Utilities) Presenter: Stephanie Roman, Assistant Director of Utilities, Construction and Engineering ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Sewer COUNCIL PRIORITY –Improve Public Safety

FISCAL ANALYSIS
Funding for the Emergency Repair of the Escondido Trunk Sewer Main is available in the Wastewater Capital Improvement Project (“CIP”) budget for Sewer Trunk Main, CIP No. 801913.

PREVIOUS ACTION
On June 26, 2024, the City Council adopted Resolution No. 2024 -86, ratifying Proclamation No. 2024-02, affirming that it was appropriate for City staff to forego competitive bidding procedures and work with contractors for the necessary emergency repair of the failing trunk sewer main.

On July 10, 2024, the City Council a dopted Resolution No. 2024-94, reaffirming that there was a need to continue efforts toward emergency repair of the failing trunk sewer main.

On July 17, 2024, the City Council adopted Resolution No. 2024-103, reaffirming that there was a need to continue efforts toward emergency repair of the failing trunk sewer main. 111
Item8.

On July 23, 2024, a Public Improvement Agreement with CCL Contracting, Inc. was executed for the emergency repair of Section 2, from Beech Street to Grape Day Park, on a time and materials basis in an amount not to exceed $10,240,691.

On August 7, 2024, the City Council adopted Resolution No. 2024-106, reaffirming that there was a need to continue efforts toward emergency repair of the failing trunk sewer main. In addition, City Council approved a budget adjustment in the amount of $12,036,225 to fund the emergency repair of the failing trunk sewer main, consisting of $7,036,225 from the unallocated Wastewater Reserves and $5,000,000 from Capital Improvement Project No. 801508, Recycled Easterly Ag MFRO.

On August 21, 2024, a Public Improvement Agreement with J.R. Filanc Construction Company was executed for the emergency repair of Section 1, Ash Street from the Firestone Complete Auto Care parking lot to the Walmart Neighborhood Market parking lot, on a time and materials basis in an amount not to exceed $1,795,534.

On August 28, 2024, the City Council adopted Resolution No. 2024-117, reaffirming that there was a need to continue efforts toward emergency repair of the failing trunk sewer main.

On September 11, 2024, the City Council adopted Resolution No. 2024-131, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On October 2, 2024, the City Council adopted Resolution No. 2024-141, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On October 23, 2024, the City Council adopted Resolution No. 2024 -146, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On November 20, 2024, the City Council adopted Resolution No. 2024-162, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On December 4, 2024 , the City Council adopted Resolution No. 2024 -178, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On January 8, 2025, the City Council adopted Resolution No. 2025 -03, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On January 29, 2025, the City Council adopted Resolution No. 2025-06, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer main.

On February 19, 2025, the City Council adopted Resolution No. 2025-08, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer line. 112
Item8.

On March 19, 2025, the City Council adopted Re solution No. 2025-14, reaffirming that there was a need to continue efforts toward the emergency repair of the failing trunk sewer line.

On April 2, 2025, the City Council adopted Resolution No. 2025 -19, reaffirming that there was a need to continue efforts toward the emergency repair for the failing trunk sewer line.

BACKGROUND
The City’s trunk sewer mains, constructed in the 1950’s, are a critical and integral part of the City’s wastewater system. In June 2024, during routine closed -circuit television ins pection, Utilities Staff identified multiple failed and severely deteriorated sections of 18 -inch and 21-inch trunk sewer main. In order to act quickly to avoid catastrophic failure, a local emergency was proclaimed on June 20, 2024, by the City Manager, serving as the Director of Emergency Services. This allowed staff to work directly with contractors to address the necessary repairs to the failing trunk sewer main.

The current and continuing scope of work includes two sections of severely deteriorated trunk sewer main that are in critical condition. These sections are shown in Figure 1 below and defined as follows:

Section 1: Ash Street - paralleling the Escondido Creek, from the Firestone Complete Auto Care (“Firestone”) parking lot to the Walmart Neighborhood Market (“Walmart”) parking lot; and

Section 2: Beech Street to Grape Day Park - paralleling the Escondido Creek, traversing a short section of North Hickory Street, then continuing in East Pennsylvania Street from North Hickory and extending into Grape Day Park.

Figure 1

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Section 1 emergency repair work began on August 7, 2024. Repair work to the failing trunk sewer main in Section 1 was completed by the contractor, J.R. Filanc Construction Company, as of January 30, 2025. The slurry seal coat to the Firestone parking lot will complete the scope of work for Section 1 and is scheduled for July 3, 2025. This effort was coordinated with Firestone to minimize disruption to Firestone’s normal business operating hours.

Section 2 emergency repair work began on July 25, 2024, and was anticipated to be complete by July 31, 2025. Recent potholing efforts have resulted in multiple identified areas of conflict between the on- going emergency trunk sewer project work and the City’s existing 36-inch pressurized potable water transmission main on the south side of the Escondido Creek channel between Fig Street and Beech Street. This critical transmission main is one of three predominant water main arteries that convey potable water through the City’s water system. This particular 36-inch water transmission main fills the City’s A-11 reservoir, which then serves the largest number of water customers within the City’s water service area. City Staff and CCL Contracting, Inc. (“CCL”) have been gathering information and meeting to determine construction alternatives for replacement of the failing trunk sewer main in these recently identified areas of conflict. At this time, it is anticipated that the previously anticipated construction completion date of July 31, 2025 will shift.

In Section 2, CCL has installed approximately 3,540 linear feet of new trunk main, from Grape Day Park to Hickory Street, within Pennsylvania Avenue; north within Hickory Street from the intersection of Pennsylvania Avenue and Hickory Street to just south of the intersection of Hickory Street and Lansing Circle; easterly through the Westmont Assisted Living Community; and continues easterly within the City’s Escondido Creek private property/public utility easement, paralleling the south side of Escondido Creek, to Grape Street. Additional work over the last several weeks includes: installation of new 24” trunk sewer pipeline, construction of new manholes, coordination and work with SDG&E to relocate or highline SDG&E facilities for emergency trunk sewer work to continue, and potholing of the existing utilities.

Utilities Staff continues to communicate and coordinate with affected businesses within the construction zones of influence, as well as other City Departments regarding current and upcoming construction, including the Grand Avenue Corridor Project, the Grape Day Park Restroom Project, and the Escondido Creek Trail Project. Electronic message boards updating the community are in place, where appropriate, throughout the construction project site and will remain through the duration of work.

RESOLUTIONS
a) Resolution No. 2025-30

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RESOLUTION NO. 2025-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, FINDING THAT AN

EMERGENCY CONTINUES TO REQUIRE THE IMMEDIATE

REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN

WHEREAS, the City Council recognizes that the City’s trunk sewer main pipeline defined in the two following critical sections are at risk of imminent, catastrophic failure:

Section 1: Ash Street - paralleling the Escondido Creek, from the Firestone Complete Auto C are parking lot to the Walmart Neighborhood Market parking lot Section 2: Beech Street to Grape Day Park - paralleling the Escondido Creek, traversing a short section of North Hickory Street, then continuing in East Pennsylvania Street from North Hickory and extending into Grape Day Park; and
WHEREAS, pursuant to the approval of Resolution No. 2024 -86 on June 26, 2024, ratifying Proclamation No. 2024-02; Resolution No. 2024-94 on July 10, 2024; Resolution No. 2024-103 on July 17, 2024; Resolution No. 2024 -106 on August 7, 2024 ; Resolution No. 2024 -117 on August 28, 2024 ; Resolution No. 2024 -131 on September 11, 2024 ; Resolution No. 2024 -141 on October 2, 2024 ; Resolution No. 2024 -146 on October 23, 2024; Resolution No. 2024 -162 on November 20, 2024; Resolution 2024-178 on December 4, 2024; Resolution No. 2025-03 on January 8, 2025 ; Resolution No. 2025-06 on January 29, 2025 ; Resolution No. 2025-08 on February 19, 2025 ; Resolution No. 2025-14 on March 19, 2025; and Resolution No. 2025-19 on April 2, 2025, the City Council previously found that the failing trunk sewer risk constitutes an emergency and found it appropriate for Utilities Staff to proceed to contract services without adopting plans, specifications, working details, or giving notice of bids to award contracts; and
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WHEREAS, on August 7, 2024, City Council approved a budget adjustment in the amount of twelve million, thirty-six thousand, two-hundred twenty-five dollars ($12,036,225) to fund the emergency repair of the failing trunk sewer main, consisting of seven million, thirty-six thousand, two-hundred twenty-five dollars ($7,036,225) from the unallocated Wastewater Reserves and five million dollars ($5,000,000) from Capital Improvement Project No. 801508, Recycled Easterly Ag MFRO; and WHEREAS, Staff entered into a Public Improvement Agreement (“Agreement”) with CCL Contracting, Inc., in an amount not to exceed ten million, two hundred forty thousand, six hundred ninety- one dollars ($10,240,691) on July 23, 2024; and
WHEREAS, Staff entere d into a Public Improvement Agreement (“Agreement”) with J.R. Filanc Construction Company in an amount not to exceed one million, seven hundred ninety-five thousand, five hundred thirty-four dollars ($1,795,534) on August 21, 2024; and WHEREAS, pursuant to Section 22050 of the Public Contract Code, the City Council must review the emergency action every 14 days, or at its next regularly scheduled meeting, and determine by a four- fifths vote there is a need to continue the action; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to continue the emergency action.

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 finds the failure of the trunk sewer main is a public health and safety emergency; that this emergency will not permit the delay that would result from a competitive bidding 116
Item8.
process; and that the proposed action and expenditure is sti ll necessary to respond to the emergency requiring immediate repair of the trunk sewer main.
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STAFF REPORT

April 16, 2025
File Number 0600-10; A –3551

SUBJECT

CONSULTING AGREEMENT WITH NATIONAL PUBLIC SAFETY GROUP

DEPARTMENT

POLICE DEPARTMENT

RECOMMENDATION
Request the City Council adopt Resolution No. 2025-34 approving a consulting agreement with National Public Safety Group in the amount of $282,428 for a needs assessment, assistance with procurement, and project management of a new Computer Aided Dispatch (“CAD”) system; and authorize the Mayor to execute contract documents on behalf of the City.

Staff Recommendation: Approval (Department Name: Ryan Banks, Interim Chief of Police) Presenter: Ryan Banks, Interim Chief of Police; and Erik Witholt, Police Captain ESSENTIAL SERVICE – Yes, internal requirement in support of Police Services COUNCIL PRIORITY – Improve Public Safety

FISCAL ANALYSIS
The funding will be from the Police Department Operating Budget in 24 monthly payments.

BACKGROUND
Computer-aided dispatch
Computer-aided dispatch (“CAD”) systems are software tools used by emergency response agencies and public safety organizations to efficiently manage and dispatch resources in response to calls for service, including prioritizing incidents, tracking responders, and facilitating communication.

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Key Functions of CAD Systems:
• Call Handling: Dispatchers use CAD to receive emergency calls, input relevant information (location, nature of the emergency, etc.), and log the incident. • Incident Management: CAD helps track the status of incidents, assign resources, and manage the flow of information throughout the response process. • Resource Tracking: CAD systems allow dispatchers to monitor the location and status of responders in the field, ensuring efficient deployment and coordination. • Communication: CAD facilitates communication between dispatchers and responders, allowing for clear and timely instructions and updates.
• Reporting and Analysis: CAD systems often include features for generating reports and analyzing data, which can help improve response times and optimize resource allocation.

CAD systems often integrate with other technologies, such as:
• GPS and Automatic Vehicle Location (“AVL”) software: To track the location of vehicles in real- time.
• Specific databases (such as ANI/ALI): To access caller information and location data.

Purpose
The CAD system that is currently utilized in Escondido’s PAFH Communications Center is rapidly nearing its end of life.

A consulting agreement with National Public Safety Group would allow for expert assistance in the procurement, and ensure the proper integration and implementation of a new CAD system. National Public Safety Group will confirm the most compatible CAD platform for the Escondido Police Department’s needs. After which , National Public Safety Group will be integral in ensuring a se amless integration, implementation and transition from the Police department’s current CAD system to the newly selected system.

It is pivotal that all systems are thoroughly tested and vetted before transitioning to the new CAD system.

To have the expertise of a specialized consultant to ensure that all preventable issues and potential inconsistencies are identified and averted is crucial to the success of this conversion.

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National Public Safety Group Qualifications
National Public Safety Group has demonstrated their competence and professional qualifications necessary for the satisfactory performance of consulting with the Escondido Police Department in Implementation of a new CAD system . This consultant has twenty years of experience and a knowledge of all of the intricacies of installing, building, training, and supporting software.

National Public Safety Group has worked with many other law enforcement agencies to support them in acquiring and integrating new CAD systems. The consultants’ services will provide the Escondido Police Department with the opportunity to preclude any potential delays in service from an experienced perspective. As software transitions can be complex, having a dedicated professional partner focused on a seamless transition is imperative to maintain the integrity and reliability of a crucial means of communication for the safety of our officers and our community.

RESOLUTIONS
a) Resolution No. 2025-34
b) Resolution No. 2025-34—Exhibit “A”— Consulting Service Agreement

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RESOLUTION NO. 2025-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A CONSULTING

AGREEMENT WITH NATIONAL PUBLIC SAFETY GROUP

TO ASSESS NEEDS, ASSIST WITH PROCUREMENT, AND

PROVIDE INTEGRATION AND IMPLEMENTATION

SERVICES OF A NEW COMPUTER ADDED DISPATCH
(CAD) SYSTEM

WHEREAS, the Escondido Police Department requires a reliable computer added dispatch system (“CAD”) to receive calls and dispatch city personnel for emergency and essential services needed within the community in an effective and timely fashion; and

WHEREAS, the current CAD system is rapidly nearing its end of life; and

WHEREAS, the Escondido Police Department wishes to ensure that the best available option in CAD systems is chosen to meet the needs of the Police Department and the community; and

WHEREAS, the Escondido Police Department researched available consultants specializing in CAD procurement and integration; and

WHEREAS, Escondido Police Department wishes to retain the services of National Public Safety Group to ensure the goals are successfully achieved.

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

1. That the above recitations are true.

2. That the City Council authorizes the mayor to execute, on behalf of the city, a consulting agreement in the amount of $282,428 with National Public Safety Group, which is attached and incorporated to this Resolution as Exhibit “A”.
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CITY OF ESCONDIDO

CONSULTING AGREEMENT
Thi
s Consulting Agreement (“Agreement”) is made and entered as of the last date of signature below (“Effective Date”),
B
etween: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Assistant Director Lisa Rodelo
(760) 839
-4905
("CITY")
A
nd: National Public Safety Group, LLC
a North Carolina limited liability company
124 Newington Way
Aberdeen, North Carolina 28315
Attn: Buck Mims, Chief Executive Officer
910-420-3667
("CONSULTANT").
(
The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to conduct a needs assessment, select, and procure a new Computer Aided Dispatch (“CAD”) system;
WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and
WHEREAS, the CITY and CON SULTANT desire to enter into this Agreement for the per - formance of the Services described herein.

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

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

2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, and CONSULTANT shall accept in full, an amount not to exceed the sum of $282,428, as set forth in Exhibit 1 to Attachment A . CONSULTANT shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided Resolution No. 2025-34
Exhibit "A"

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Item9.
for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONSULTANT contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council. All undisputed CITY payments to CONSULTANT shall be in the amount and at the time as set forth in Exhibit 1 to Attachment A.

3. P
erformance . CONSULTANT shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement. CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONSULTANT pursuant to this Agreement, except that CONSULTANT shall not be responsible for the accuracy of information supplied by the CITY. Notwithstanding, the CITY recognizes that CONSULTANT has no control over the timeliness of performance by the CITY or by third parties therefore, CONSULTANT shall have no responsibility for delays caused by the City or by third parties.

4. P
ersonnel . The performance of the Services by certain professionals is significant to the CITY.

As such, CONSULTANT shall only assign the type of personnel listed on Attachment “ B” attached to this Agreement and incorporated herein by this reference (“Personnel List”), to perform the Services. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent, which shall not be unreasonably withheld.

5. Ter mination .

a. Termination without cause. The Parties may mutually terminate this Agreement through a writing signed by both Parties. Either Party may terminate this Agreement for any reason upon providing the other Party with 90 days’ advance written notice. If the C ity is the terminating Party, then CONSULTANT u pon the notice’s effective date or upon receipt thereof, whichever occurs later shall cease all work under this Agreement. CITY agrees to pay CONSULTANT in full for all undisputed work performed consistent with Section 3 , above.

b. Termination with Cause. Either Party may terminate this Agreement based upon default of the other Party by (i) providing the other Party with written notice of the alleged default, which identifies the details of the alleged default and provides 90 days for the other Party to cure the alleged default, if capable of being cured within 90 days. The Party receiving the notice shall cure the default within the 90-day period or, if the default cannot be cured within the 90-day period, take significant efforts towards curing the default within the 90-day period.

However, if the Party receiving the notice does not take one of the steps detailed in the prior sentence, then the Party providing the notice may terminate this Agreement and have no further obligations hereunder and CITY agrees to pay CONSULTANT in full for all undisputed work performed consistent with Section 3, above.

6. Confidentiality.

a. CI TY’s Confidential Information. By virtue of this Agreement, the CONSULTANT will have access to confidential information and materials of the CITY that is provided to the CONSULTANT after the execution of this Agreement and so designated in writing (collectively, the “CITY Confidential Information”). CITY Confidential Information does not include information that (i) is already in the CONSULTANT ’s possession at the time of disclosure by the CITY, (ii) is or becomes part of public knowledge other than as a result of any action or inaction of the CONSULTANT, (iii) is obtained by the CONSULTANT from an unrelated third party without a duty of confidentiality, or (iv) is independently developed by the CONSULTANT. The CONSULTANT shall not use CITY Confidential Information for any purpose other than in furtherance of this Agreement and the activities described herein. The CONSULTANT shall not disclose CITY Confidential Information to any third parties except as otherwise permitted hereunder. The CONSULTANT shall maintain CITY Confidential Information with at least the same degree of care it uses to protect its own proprietary Resolution No. 2025-34
Exhibit "A"

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information of a similar nature or sensitivity, but no less than reasonable care under the circumstances. The CONSULTANT shall promptly advise the CITY in writing of a ny misappropriation or misuse of CITY Confidential Information of which the CONSULTANT becomes aware.

b. CO NSULTANT’s Confidential Information. By virtue of this Agreement, the CITY will have access to confidential information and materials of the CONSULTANT that is provided to the CITY after the execution of this Agreement and so designated in writing (collectively, the “CONSULTANT Confidential Information”). CONSULTANT Confidential Information does not include information that (i) is already in the CITY’s possession at the time of disclosure by the CONSULTANT, (ii) is or becomes part of public knowledge other than as a result of any action or inaction of the CITY, (iii) is obtained by the CITY from an unrelated third party without a duty of confidentiality, or (iv) is independently developed by the CITY. The CITY shall not use CONSULTANT Confidential Information for any purpose other than in furtherance of this Agreement and the activities described herein. The CITY shall not disclose CONSULTANT Confidential Information to any third parties except as otherwise permitted hereunder. The CITY shall maintain CONSULTANT Confidential Information with at least the same degree of care it uses to protect its own proprietary information of a similar nature or sensitivity, but no less than reasonable care under the circumstances. The CITY shall promptly advise the CONSULTANT in writing of any misappropriation or misuse of CONSULTANT Confidential Information of which the CITY becomes aware.

c. E
xclusions . Notwithstanding the foregoing, this Agreement shall not prevent the CONSULTANT from disclosing CITY Confidential Information or the CITY from disclosing CONSULTANT Confidential Information to the extent required by a judicial order or other legal obligation, including the CITY’s obligations as a Public Entity, and as mandated under California Public Records Act requests; provided, however, that, in such event, the P arty from which disclosure is sought shall promptly notify the other Party in writing to allow intervention (and shall cooperate with the Party from which disclosure is sought ) to contest or minimize the scope of the disclosure (including application for a protective order) and shall provide such notice prior to making any disclosure. Further, Each Party may disclose the terms and conditions of this Agreement (i) in confidence, to legal counsel, (ii) in confidence, to accountants, and (iii) in connection with the enforcement of this Agreement or any rights hereunder.

d. E
quitable Relief . The CONSULTANT acknowledges that unauthorized use or disclosure of CITY Confidential Information could cause the CITY irreparable harm for which its remedies at law would be inadequate, and, similarly, the CITY acknowledges that unauthorized use or disclosure of CONSULTANT Confidential Information could cause the CONSULTANT irreparable harm for which its remedies at law would be inadequate. Accordingly, each Party acknowledges and agrees that the other Party will be entitled, in addition to any other remedies available to it at law or in equity, to the issuance of injunctive relief enjoining any breach or threatened breach of its obligations hereunder.

7. I
nsurance Requirements .
a. CONSULTANT shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONSULTANT, its agents, representatives, employees, or subcontractors.

Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability . Insurance Services Office (“I SO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate.
(2) Automobile Liability . ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non -owned autos (Code 9), Resolution No. 2025-34
Exhibit "A"

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with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division.
(3) Workers’ Co mpensation. Worker’s Compensation if required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (4) Professional Liability (Errors and Omissi ons). Professional Liability (Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. (5) If CONSULTANT maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers . Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY. (2) Additional Insured Status. Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, and employees) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, and employees. Any insurance or self-insurance maintained by the CITY, its officials, officers, agents, or employees shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
(4) Notice of Cancellation. Each insurance policy or endorsement thereto shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its agents, representatives, employees, and subcontractors.
(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self- insurance. CONSULTANT shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONSULTANT’s Resolution No. 2025-34
Exhibit "A"

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utilization of self -insurance shall not in any way limit the liabilities assumed by CONSULTANT pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement ), which shall m eet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time.
d. Special Risks or Circumstances. The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. The CITY agrees to pay the additional cost thereof. e. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates compliance with the insurance requirements in this Agreement.

8. I
ndemnification, Duty to Defend, and Hold Harmless .
a. CONSULTANT shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, and employees from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature to the extent caused by, arising out of, or in connection with CONSULTANT’s negligent performance of the Services or its negligent failure to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY.
b. CONSULTANT shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, and employees from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9- 2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement.

c. All terms and provisions within this Section 8 shall survive the termination of this Agreement. d. “ Indemnifiable Losses ” means all costs and expenses paid or payable in settlement in connection with a claim subject to indemnification under this Section 8.

9. Warranties.

a. A uthority . Each Party represents, warrants, and covenants that it has the full power and authority to enter into this Agreement and to perform its obligations hereunder, without the need for any consent or approval not yet obtained.

b. N o Implied Warranties. The CITY agrees that (i) CONSULTANT is not the manufacturer, distributor, or developer of any of the products or services subject to the Services Resolution No. 2025-34
Exhibit "A"

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(collectively, the “ Third-Party Products”), (ii) the warranties and representations, if any, applicable to any of the Third- Party Products (including, without limitation, their respective specifications) are those of the manufacturer, distributor, or developer thereof and not CONSULTANT, and (iii) CONSULTANT bears no obligation or liability related to or resultant from the warranties or representations, if any, applicable to any of the Third-Party Products (including, without limitation, their respective specifications).

10. L imitation on Liability. NOTWITHSTANDING ANY OTHER PROVISION HEREOF AND UNDER NO CIRCUMSTANCE SHALL THE CONSULTANT’S LIABILITY ARISING OUT OF

OR IN CONNECTION WITH ANY ORDER OR OTHER AGREEMENT BETWEEN THE CONSULTANT AND THE CITY OR THE CONSULTANT’S PERFORMANCE OR ASSERTED

FAILURE TO PERFORM HEREUNDER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE)

OR OTHERWISE, EXCEED THE AMOUNT OF THE INSURANCE AVAILABLE UNDER AND PURUSANT TO THIS AGREEMENT. IN NO EVENT SHALL CONSULTANT BE LIABLE FOR

SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER

INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM

LOSS OF USE OR GOODWILL, WHETHER OR NOT THE CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. This limitation of liability represents an allocation of risks between the CITY and CONSULTANT, which allocation is reflected in the compensation set forth herein. The CITY acknowledges that the amount of compensation reflects and incorporates the disclaimer of warranties and limitation of liability and remedies set forth herein (without which the compensation would have been substantially higher).

11. An
ti -Assignment Clause. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including a s to a ny portion of the Services, without the CITY’s prior written consent, which shall not be unreasonably withheld.

Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective . Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

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

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

14. A mendment . This Agreement shall not be amended except in a writing signed by the CITY and CONSULTANT.

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

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

17. S everability . This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any Resolution No. 2025-34
Exhibit "A"

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provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

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

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

Delivery of a n executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

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

21. No tice . Any statements, communications, or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.

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

23. C ompliance with Laws , Permits, and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinanc es, regulations, rules, and other legal requirements in effect during the term of this A greement.

CONSULTANT shall obtain any and all permits, licenses, and other authorizations necessary to perform the Serv ices. Neither the CITY, nor any elected or appointed boards, offic ers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section. CITY shall keep CONSULTANT informed of any provisions or changes thereto in the CITY’S rules and regulations applicable to CONSULTANT.

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

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

CONSULTANT agrees to comply with the IRCA before commencing any Services , and continuously throughout the performance of the Services and the term of this Agreement.

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26. Miscellaneous

a. No tices . Any notice required or permitted to be given hereunder shall be in writing and given by (a) personal delivery, (b) overnight delivery by a nationally recognized courier (e.g., FedEx or UPS) to the address hereinabove set forth for the recipient or (c) by certified or registered mail, return receipt requested, by the United States Postal Service to the address set forth herein for the recipient. Any notice given set forth shall be deemed given upon the earlier of actual receipt or refusal of receipt. The address set forth herein may be changed as to any Party upon at least ten (10) days’ prior written notice thereof to the other Party.

b. C
onstruction. This Agreement was negotiated by the Parties and is to be deemed to have been prepared jointly by the Parties after arms-length negotiations. Any rule of construing language against the drafting party shall not apply.

c. N o Third- Party Beneficiaries. Nothing in this Agreement shall be construed as giving any person or entity, other than the Parties hereto, any right, remedy, or claim under or in respect to this Agreement or any provision hereof.

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

(

SIGNATURE PAGE FOLLOWS)

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

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Dane White, Mayor

National Public Safety Group, LLC

Date: __________________ ___________________________________ Jonathan Mims, Chief Executive Officer

A
PPROVED 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.

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ATTACHMENT “A”
Scope of Work

A. G eneral

National Public Safety Group, LLC, a North Carolina limited liability company (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with consulting services related to the City’s Computer Aided Dispatch (“CAD”) project.

B. Locat
ion

Consultant to provide services in relation to the City’s CAD project including consulting services to assist the City in assessing its needs, selecting, procuring and implementing a new CAD system, including certain services located at the project site, 1163 N. Centre City Parkway, Escondido, CA 92026.

C. S
ervices

Consultant shall provide services as described he rein and in Exhibit 1 (Proposal) to this Scope of Work, which is attached hereto and incorporated herein by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Exhibit 1, the terms of this Agreement shall prevail.

Co
nsultant will assist the City with their public safety software project, which will include:

Computer Aided Dispatch (CAD).

Consultant will provide these services for the term of the Agreement

1. Phase I - Needs Assessment
Consultant will perform a thorough Needs Assessment, which will include services such as:
a. Identify and document goals and objectives
b. Review and take notes from any existing strategic plans that may be in place c. Document any partner agencies that need integration – public safety agencies, neighboring counties, public works, etc. This includes existing agreements and future wants.
d. Identify the agency’s Project team
e. Identify the time goals/deadlines of your specific project f. Provide a project schedule in Basecamp for Needs Assessment, Selection, and Procurement phases
g. Set up and lead bi -weekly calls throughout the Needs Assessment to ensure assigned tasks on both sides are being completed
h. Interview the different department and division team members to find out workflows, software needs, issues, and processes
i. Create a technical matrix that is used for the RFP as well as statement of work j. In preparation for the Selection process, the following are built in the Needs Assessment Process
i. Demo Scripts for post RFP demonstrations
ii. Build a scoring criteria for the demonstrations and site visits k. Create a Needs Assessment document that is to be used once a contract is signed with a CAD provider.

2. Phase III - Procurement Process
Consultant will work with the City to perform the following services such as:
a. Upon a Vendor being awarded a Selection, the Consultant retrieves the company’s contract
b. The Consultant works with the City’s Procurement, Risk, and Legal departments to vet the agreement.
i. The Consultant utilizes a system for contract negotiations that include:

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ii. Price to include actual cost; ongoing costs; pricing model and future add on costs
iii. Payment terms to include breakdown of milestones; percentage of holdback money contingent on sign off
iv. Product to include determination of the accuracy of the Statement of Work (SOW) by a Professional and Services Account expert; determining the City fully understands the deliverables of what is included and what is not included in the SOW
v. Project to include the Professional services standards of the Project Manager; Project Tools: and Team Members; and penalties for very delayed projects.
vi. Support level agreement to include support tiers with guaranteed response times and penalties for delayed responses; annual SSMA or Subscription increase percentage caps; if SaaS, guaranteed uptime with penalties; ongoing support parameters; Cybersecurity; Identification of personnel assigned to support
vii. Updates and Upgrades to include Costs and Processes viii. All Terms and Conditions, with some specific language regarding assignment, non- interference; data ownership, legal litigation or arbitration
c. Consultant will assist in redlining and commenting on the price, terms, and conditions to assist the City in finalizing a successful contract and will attend any management or other meetings needed to get approval for the contract signing.

1. Phase III - Project Management
The Consultant will perform the following services:
a. The Consultant will provide the Needs Assessment Summary document to the selected vendor before kickoff to ensure they have knowledge to prepare for the project
b. The Consultant will attend and assist with kickoff and discovery sessions to make sure all goals and objectives are understood and documented c. The Consultant will work with the Software vendor and the city to develop a detailed implementation schedule
d. The Consultant will work to ensure the training plan scheduled is conducive with the City’s needs including schedules, union rules, and other limitations e. The Consultant’s project managers and subject matter experts will attend meetings and calls as appropriate and deliver detailed notes after each call f. The Consultant will have weekly one on one calls with the City and the vendor to ensure the status calls more efficient and effective
g. The Consultant will work with the city to ensure the homework is done to prevent any project delays
h. The Consultant will work to ensure to keep the vendor on track with their deliverables to prevent any project delays. The Consultant will work to ensure appropriate resources for project success to include identifying the personnel resources for the project; work to make sure any impeding items are identified and promptly resolved by the responsible party before becoming major issues; monitor risks and change requests throughout the project; review and recommend approval of software invoices as requested by the City; assist with preparation for Stakeholder meetings; schedule calls with the software vendor and all third- party vendors to identify interface requirements; manage the progress of data conversions or any access to legacy data to ensure no delays in the project; work to ensure functional and load testing is performed as needed; work with the vendor to develop and communicate a go-live plan prior to the system being put into live operation with needed checklists and support from all parties; and provide continuous follow up after go-live for any post go-live action items, such as pending interfaces, conversion items, or anything else that was not completed.

D. S
cheduling

Consultant to schedule specific dates of work in advance by contacting Assistant Director Lisa Rodelo at 760-839-4905 or [email protected].

Further instructions will be provided upon scheduling.

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E. C ontract Price and Payment Terms

The contract price shall not exceed $282, 428. Payment shall be per Exhibit 1 to this Scope of Work, which is attached hereto and incorporated herein by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Exhibit 1, the terms of this Agreement shall prevail.

C
onsultant shall submit monthly invoices to the City, and the City shall pay Consultant for invoiced services within 30 days of receipt of an invoice.

F. T erm

The term of this Agreement shall be for two years, commencing on the Effective Date of the Agreement.

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Exhibit 1
Proposal, Travel, Payments, and Term
National Public Safety Group Proposal

Proposal Services for: CAD Consulting Project

Proposal for: Escondido Police Department
Contact: Ed Varso Date: 9/11/2024
Chief of Police Valid: 3/10/2025
Division:

Email: [email protected] Phone:

NPSG Contact: Dennis Vrooman Email: [email protected]

Item Length of Project Total
Needs Assessment

$47,203
Selection NA
Procurement $47,203
Project Management $184,522

Total Consulting Services: $278,928

Consulting as a Service NA

Legal Fee $3,500

Total Cost: $282,428

24 $34,3
30 This document should not be shared unless the proper FOIA laws have been met.

This proposal includes services for this project for this many months after effective date:

A $3,500 Legal Fee is added for agencies using their own PSA See full agreement for all terms and conditions
Optional CaaS: Ongoing annual support after sign off by NPSG for technical, account, & invoicing items:

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Consulting Agreement (v2) - 1 - CAO:04/23/2024
Exhibit 1 (cont’d)
Travel

The following number of trips are included in the above travel.

Needs Assessment (1) Trip - Kickoff week - all personnel needed Procurement Up to (1) Trip for final negotiations
Project Management Up to (1) Trip per month until Training and Go-Live NPSG will have the needed staff at all training and Go-Live up to:

Up to (2) Consultants for up to two weeks of Training
Up to (2) Consultants for up to one week of Go-Live

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Consulting Agreement (v2) - 2 - CAO:04/23/2024
Exhibit 1 (cont’d)
Payments and Terms

Payment terms
Month Milestone Begin/End Percentage Unit Cost Payment Paid to Date

* Projected Project Length: 24

1 Effective Date Begin 15% $282,428 $42,364.20 $42,364
2 Monthly payment 4% $282,428 $10,437.56 $52,802
3 Monthly payment 4% $282,428 $10,437.56 $63,239
4 Monthly payment 4% $282,428 $10,437.56 $73,677
5 Monthly payment 4% $282,428 $10,437.56 $84,114
6 Monthly payment 4% $282,428 $10,437.56 $94,552
7 Monthly payment 4% $282,428 $10,437.56 $104,990
8 Monthly payment 4% $282,428 $10,437.56 $115,427
9 Monthly payment 4% $282,428 $10,437.56 $125,865
10 Monthly payment 4% $282,428 $10,437.56 $136,302
11 Monthly payment 4% $282,428 $10,437.56 $146,740
12 Monthly payment 4% $282,428 $10,437.56 $157,177
13 Monthly payment 4% $282,428 $10,437.56 $167,615
14 Monthly payment 4% $282,428 $10,437.56 $178,052
15 Monthly payment 4% $282,428 $10,437.56 $188,490
16 Monthly payment 4% $282,428 $10,437.56 $198,928
17 Monthly payment 4% $282,428 $10,437.56 $209,365
18 Monthly payment 4% $282,428 $10,437.56 $219,803
19 Monthly payment 4% $282,428 $10,437.56 $230,240
20 Monthly payment 4% $282,428 $10,437.56 $240,678
21 Monthly payment 4% $282,428 $10,437.56 $251,115
22 Monthly payment 4% $282,428 $10,437.56 $261,553
23 Monthly payment 4% $282,428 $10,437.56 $271,990
24 Monthly payment 4% $282,428 $10,437.56 $282,428

Total Payments: $282,428.00

*Projected project length is listed above and below. We do not quote projects based on hours, but on other criteria, such as number of agencies, users, products, etc. We will continue to provide project services for the below number of months.

Our goal is to provide your agency with a successful project on time and within budget.

If project is completed before the projected time, the balance of unpaid payments will be due and invoiced for payment.

Term of the Agreement
This is a fixed-fee agreement paid over monthly payments for up to:

24 months.

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Consulting Agreement (v2) - 3 - CAO:04/23/2024

ATTACHMENT “B”
Personnel List

Pursuant to Section 4 of the Agreement, CONSULTANT shall assign performance of Services to the following types of personnel below.

1. Needs Assessment Specialist
a. Responsible for managing the Software Consultants who will perform the Discovery work
b. Responsible for delivery of the Needs Assessment Summary Document c. Responsible for the delivery of all listed items in Phase I (Attachment A)

2. Software Consultants
a. CAD Software Consultant
i. Responsible for performing the Discovery sessions and contributing to the Needs Assessment Summary Document for CAD and Mobile Data b. RMS Software Consultant
i. Responsible for performing the Discovery sessions and contributing to the Needs Assessment Summary Document for RMS and Mobile Field Reporting

3. Contract Management Specialist
a. Responsible for assisting in contract negotiations
b. Responsible for the delivery of all listed items in Phase III (Attachment A)

4. Project Manager
a. Responsible to work with the Escondido PD Project Manager in managing this project b. Responsible for delivery of all Project Management deliverables listed in Phase IV (Attachment A)
c.

CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

Acknowledged by:

Date: __________________ ___________________________________ Jonathan Mims, Chief Executive Officer

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STAFF REPORT

April 16, 2025
File Number 0600-10; A –3552

SUBJECT

FIRST AMENDMENT TO SETTLEMENT AGREEMENT AND CONSENT TO RECORDATION OF SECOND

AMENDED EASEMENT DEED

DEPARTMENT
City Attorney

RECOMMENDATION
Request the City Council adopt Resolution No. 2025-36 (1) giving the City Manager authority to execute a First Amendment to Settlement Agreement in the City of Escondido v. Patterson Litigation; and (2) consenting to and accepting a Second Amended Easement Deed in real property for recordation with the San Diego County Assessor/Recorder/County Clerk.

Staff Recommendation: Approval (City Attorney’s Office: Michael McGuinness, City Attorney) Presenter: Michael McGuinness, City Attorney
ESSENTIAL SERVICE – Yes, internal requirement in support of Clean Water , Sewer, and Public Works/Infrastructure
COUNCIL PRIORITY –

FISCAL ANALYSIS
There is no fiscal impact arising out of the First Amendment to Settlement Agreement in the City of Escondido v. Patterson Litigation. The consent to and recordation of the Second Amended Easement Deed is consistent with the terms of the settlement of the Patterson Litigation and as a public agency, there is no cost to the City for this service pursuant to Government Code §§ 6103, 27383 and 27388.1.

PREVIOUS ACTION
On December 6, 2023, the City Council approved the resolution of litigation in the case of City of Escondido v. Patterson, San Diego Superior Court Case No. 37-2022-00004144-CU-BC-NC (“Litigation”). A condition of that settlement included the recordation of an Amended and Corrected Easement Deed related to the real property owned by the defendant in the lawsuit reflecting revisions to the original easement deed recorded on November 17, 2020, Instrument No. 2020-0722625, in the Official Records of the County of San Diego.
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On January 10, 2024, the City Council adopted Resolution No. 2024 -07 consenting to and accepting an Amended and Corrected Easement Deed in real property for record ation with the San Diego County Recorder’s Office.

BACKGROUND

On December 6, 2023, the Council authorized settlement of the Litigation related to claims , including inverse condemnation , arising out of the Recycled Water Easterly Agricultural Distribution System (“RWEADS”) Project (“Project”). As part of that settlement, the defendant in the action agreed to execute, and has duly executed, an Amended and Corrected Easement Deed to reflect corrections to an earlier easement deed executed and recorded November 17, 2020, as Instrument No. 2020 -0722625, in the Official Records of the San Diego County Assessor/Recorder’s Office.

A settlement agreement was fully executed by all parties to the Litigation on December 8, 2023. As part of that settlement, and for the benefit and interests of the City, it was required to record an updated easement on Assessor's Parcel Number 241-020-10 for the operation and location of the Project pipeline and related easement area. Before recording, and for purposes of protecting a public entity from having individuals with no authority to record instruments on behalf of a public entity, Government Code § 27281 requires any instrument conveying an easement to a public entity be accompanied by evidence that the public entity consents to the grant. As a result, the City recorded a Certificate of Acceptance of the Amended and Corrected Easement Deed. (Exhibit “A” to Resolution No. 2024-07).

On December 9, 2024, defendant requested, without seeking any compensation from City, that the City modify the RWEADS Easement to ensure that the recycled water meter is relocated to a location outside of the driveway access to and from Cloverdale Road, between stations 77+00 and 78+00. The City agrees with the new placement as consistent wi th the purp ose and intent of the Litigation S ettlement Agreement. As a result, a final recycled meter location was established. The City and defendant desire to execute a Second Amended Easement Deed, attached as part of Exhibit “A” to Resolution No. 2025-36 to ensure the recycled water meter location depicted therein is within the RWEADS Easement as amended.

In support of perfecting the Second Amended Easement Deed needed for this Project, and made a part of the settlement of the Litigation, staff recommends the adoption of Resolution No. 2025-36 granting the City Manager the authority to execute (1) the First Amendment to Settlement Agreement ; and (2) the Certificate of Acceptance related to a portion of APN 241-020-010-00, and/or such other forms as required by the San Diego County Recorder’s Office and approved by the City Attorney’s Office to implementing all terms of the Litigation settlement agreement.

RESOLUTIONS
a) Resolution No. 2025-36
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b) Resolution No. 2025-36 - Exhibit “A” including First Amendment to Settlement Agreement and Exhibits 1a, 2a with exhibits thereto, and Certificate of Acceptance

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RESOLUTION NO. 2025-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, GRANTING THE CITY

MANAGER AUTHORITY TO EXECUTE FIRST AMENDMENT

TO SETTLEMENT AGREEMENT AND CERTIFICATE OF

ACCEPTANCE OF SECOND AMENDED EASEMENT DEED
FOR REAL PROPERTY RELATED TO APN 241 -020-010-00

AND RELATED DOCUMENTS

WHEREAS, on December 6, 2023, the City Council of the City of Escondido (“City Council”) approved the settlement of litigation in the case of City of Escondido v. Patterson , San Diego Superior Court Case No. 37 -2022-00004144-CU-BC-NC (“Litigation”). The Litigation related to claims, including inverse condemnation, arising out of construction of the Recycled Water Easterly Agricultural Distribution System (“RWEADS”) Project (“Project”). A condition of that settlement included the recordation of an Amended and Corrected Easement Deed related to the real property owned by the defendant in the Lawsuit reflecting revisions to the original easement deed recorded on November 17, 2020, Instrument No. 2020-0722625, Assessor's Parcel Number 241 -020-10, in the Official Records of the County of San Diego (“Property”); and
WHEREAS, a settlement agreement of the Litigation was fully executed by all parties to the litigation on December 8, 2023; and
WHEREAS, as part of that settlement and for the benefit, and in the interests, of the City, the City Council adopted Resolution No. 2024 -07 authorizing the recordation of a corrected easement deed related to the Property which was recorded with the San Diego County Recorder’s Office (“Recorder’s Office”) for the easement granted to the City for the operation of the Project pipeline; and WHEREAS, on December 9, 2024, defendant requested, without seeking any compensation from City, that the City modify the RWEADS Easement to ensure that the recycled water meter is relocated to 141
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a location outside of the driveway access to and from Cloverdale Road, between stations 77+00 and 78+00; and
WHEREAS, the City agrees with the requested new placement of the meter as consistent with the purpose and intent of the Litigation Settlement Agreement. As a result, a final recycled meter location was established; and
WHEREAS, t he City and Ms. Patterson desire to execute a Second Amended Easement Deed, attached hereto as Exhibit 2a to Exhibit “A” to Resolution No. 2025-36 to ensure the recycled water meter location depicted therein is within the RWEADS Easement as amended; and WHEREAS, in support of perfecting the Second Amended Easement Deed needed for this Project, and made a part of the settlement of the Litigation, staff recommends the adoption of this Resolution No. 2025-36 granting the City Manager the authority to execute (1) the First Amendment to Settlement Agreement; and (2) the Certificate of Acceptance related to a portion of APN 241-020-010-00, and/or such other forms as required by the San Diego County Recorder’s Office and approved by the City Attorney’s Office to implementing all terms of the Litigation settlement agreement; and WHEREAS, Government Code § 27281 and the Recorder’s Office requires any instrumen t conveying an easement to a public entity be accompanied by evidence that the public entity consents to the grant; and
WHEREAS, in support of perfecting the Second Amended Easement Deed needed for this Project, and made a part of the settlement of the Litigation, the City Council desires to consent to the recordation of Exhibit “A ,” including the Second Amended Easement Deed, and hereby grants authority to the City Manager to execute all documents required to perfect the First Amendment to the Settlement Agreement and Certificate of Consent for this property and/or any other documents and forms as required by the Recorder’s Office required to implement all terms of the Litigation settlement agreement and compliance 142
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with all relevant state and county law provisions to accomplish the recordation of the Second Amended Easement Deed related to the Property.

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

1. The above recitations are true and are incorporated herein as though fully set forth.

2. That the City Council of the City of Escondido hereby agrees, accepts and consents to the recordation of the Second Amended Easement Deed, a true and correct copy of which is included as a part of the First Amendment to Settlement Agreement , attached to this Resolution No, 2025 -36 as Exhibit “A.” (See, Exhibit 2a thereto.)

3. That the City Council of the City of Escondido hereby grants the City Manager authority to execute the First Amendment to Settlement Agreement attached hereto as Exhibit “A,” including the Certificate of Acceptance related to portion of APN 241-020-010-00, and/or any other documents as may be required by state law or the Recorder’s Office to perfect and record the Second Amended Easement Deed and otherwise to comply with the underlying settlement agreement for the Litigation.

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