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of $65,525 pursuant to the conditions contained in “Attachment A ” to this Se cond Amendment.
3. 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, this Second Amendment shall prevail.
4. 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.
5. 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.
6. 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)
Resolution No. 2025-46
Exhibit “A”
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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
KIMLEY-HORN AND ASSOCIATES, INC.
Date: __________________ ___________________________________ Megan Ulery, Vice President
A
PPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
D
ATE: _________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
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ATTACHMENT “A”
Scope of Work
A. G eneral
Kimley-Horn and Associates, Inc. a North Carolina corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with continued consulting services related to the City’s John Masson Bike Park Project (“Project”).
B. Locat
ion
Consultant t o provide services in relation to the Project at various locations including but not limited to certain services at 2401 N. Broadway, Escondido, CA 92026 (“Project Site”) see Exhibit 1, which is attached hereto and incorporated herein by this reference.
C. S ervices
In addition to those services described in the Agreement, Consultant shall provide the s
ervices detailed in Exhibit 2 to this Scope of Work, which is attached hereto and incorporated by this reference. In the event of a conflict between the Agreement (including this Scope of Work) and Exhibit 2, the terms of this Agreement shall prevail. Services under this Second Amendment shall include:
D. S
cheduling
Consultant to schedule specific dates of work in advance by contacting Michael Tully at 760- 839-4011 or [email protected]. Further instructions will be provided upon scheduling.
E. C ontract Price and Payment Terms
The contract price of this Second Amendment shall not exceed $65,525. The contract price of this Second Amendment ($65,525) includes all labor, materials, equipment, and transportation required to perform the work, and shall bring the cumulative contract price of the Agreement to $266,125.
Services shall be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.
F. T
erm
The term of this Second Amendment shall be from the Effective Date of this Second Amendment through December 31, 2029.
EXHIBIT “1”
Resolution No. 2025-46
Exhibit “A”
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Resolution No. 2025-46
Exhibit “A”
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EXHIBIT “2”
Please see attached
Resolution No. 2025-46
Exhibit “A”
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AMENDMENT NUMBER 2 TO THE AGREEMENT BETWEEN THE CLIENT AND
KIMLEY-HORN AND ASSOCIATES
AMENDMENT NUMBER 2 DATED April 14, 2025 to the agreement between City of Escondido, ("Client") and Kimley -Horn and Associates, Inc., ("Consultant") dated February 06 , 2023 ("the Agreement") concerning the Jesmond Dene Park (the "Project").
The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by the Consultant and provisions for additional compensation by the Client to the Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions of the Agreement not consistent with this Amendment, all of which are incorporated by reference.
CLIENT: CONSULTANT:
CITY OF ESCONDIDO KIMLEY-HORN AND ASSOCIATES, INC.
By: ______________________________ By: ________________________________ Title: _____________________________ Title: _______________________________ Date: _____________________________ Date: _______________________________ Resolution No. 2025-46
Exhibit “A”
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Exhibit A to Amendment Number 2,
dated April 14, 2025.
__________________________________________________________________________________________ Purpose
Based on the Draft IS/MND it was determined that additional biological surveys were required to assist the IS/MND documentation. These discussions have been an ongoing coordination effort with the City, and the Kimley-Horn team. From these emerging environmental concerns, Kimley-Horn is requesting an amendment to the contract scope of services to accommodate the additional effort.
Scope of Services
Kimley-Horn will provide the services specifically set forth below up to the corresponding effort identified in Exhibit B.
Task 1 – PROJECT ADMINISTRATION, MEETINGS AND COORDINATION Kimley-Horn will continue to provide project management, coordination and invoicing administration for the duration of the project . This task includes, but is not limited to , coordination via emails, monthly meetings, and calls with the project team regarding proposed project design features, responses to project team questions/requests, and the development of information materials related to the expanded scope related to this amendment.
Task 4 – ENVIRONMENTAL DOCUMENTATION
Task 4.1.1 – Initial Study/Mitigated Negative Declaration (IS/MND) Several key assumptions related to the completion of the scope of services for the IS/MND have been exceed as discussed below:
1. The Scope of Services assumed that all project-specific technical studies prepared by others will be provided at once to BCG for summarization in the Draft IS, including Biological Resources, Cultural Resources (Archaeology), Hydrology/Drainage, Stormwater and Climate Action Plan (CAP) Checklist.
a. The July 2024 Biological Resources technical report provided to BCG in October 2024 included several recommendations to further study or perform additional survey s during construction. It was later determined and preferred that the surveys be performed sooner rather than in construction to mitigate schedule risks. due to the timing of their field work which required BCG to do original research and create text to complete the IS. This research included developing analysis and mitigation language to address p otential impacts to Crotch’s bumble bee, a species that became state - listed endangered in 2024 and is causing CEQA document public review comments from the California Department of Fish and Wildlife (CDFW). BCG relied on technical review by Rocks Biological Consulting (RBC) to validate the approach taken in the IS.
In addition, a second report prepared by HELIX in July 2024, was provided to BCG addressing the potential presence of California gnatcatcher in the project area. Based on meetings, Rock Biological will need to complete additional field work to augment the information presented in their July report. Therefore, an updated Biological Resources technical report will be provided by RBC to BCG which will be integrated into the IS/MND prior to resubmittal to the City.
b. A CAP Checklist was not included in the original scope of work ; therefore, in order to complete the IS, BCG had to conduct original research on greenhouse gas emissions Resolution No. 2025-46
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policy and develop a recommended approach for showing compliance with the City’s CAP that was not anticipated. That approach had to be validated by City staff during a meeting.
c. Although the Cultural Resources Technical Report was provided to BCG in February 2023; the AB 52 Consultation commenced in November 2024 with the City requesting input from BCG on the consultation request letters.
d. Due to design delays and/or refinements by others, Kimley Horn was unable to provide the Drainage and Stormwater reports to BCG until November 2024.
2. The Scope of Services assumed that once initiated, BCG’s work would not be put on hold by the City and that the work would be completed within six months. The IS/MND was initiated in 2023 using the conceptual site layout, while the design details were still being developed. BCG continued to draft the IS/MND, receiving technical studies as they became av ailable, and the document preparation took approximately ten (10) months to complete due to stops and starts and refinements to the project design and delayed availability of several of the technical studies, as noted above. Stopping and starting work has resulted in inefficiencies and extra costs associated with re-initiating work.
3. The scope of services assumed one (1) review cycle of the IS with the City prior to finalization and staff determining the appropriate CEQA document for the project. However, due to the above technical report modifications, a second review cycle has been requested by the City prior to finalizing the document for public review.
4. The limits of work addressed in the initial draft IS/MND were subsequently updated to avoid potential impacts to jurisdictional areas north of the project improvements, which triggered updates to the IS figures and text.
Our Agreement assumed an expenditure of 64 hours of technical time to prepare the Draft and Final IS/MND; instead, we have expended 82 hours of technical time preparing the initial draft and completing one (1) set of IS/MND revisions based on city staff input. BCG is excepting the need for additional hours required to update the biological resources analysis using the forthcoming Biological Resources Technical Report.
In order complete Task 2, including the preparation of a 2nd Draft IS/MND, Public Review Draft IS/MND, and Final IS/MND including response to public review comments, BCG is requesting 28 additional hours of technical effort plus $5,000 to cover unanticipated prior expenditures.
Task 4.1.2 – CEQA Process Management/Meetings
The scope of services for this task assumed three (3) hours per month of Principal/Senior Project Manager time based on a total performance period of up to six (6) months. The performance period of this Agreement has extended well beyond the original six months to 18 months, assuming an end date of June 2025. BCG attendance at up to 2 additional hours of project team or City meetings is assumed through the completion of the scope of services. All meetings will be virtual.
To complete the management of the CEQA process, BCG is requesting 12 additional hours for this task.
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Task 4.2.1 – Cultural Resources Monitoring
HELIX will provide archaeological monitoring per mitigation measure CUL -1 contained within the Mitigation Monitoring Reporting Program (MMRP) for the project. This scope includes: provide an archaeological monitor to attend a preconstruction meeting with the Grading Contractor and/or Construction Manager, to explain the monitoring program and its protocols; provide a full -time archaeological monitor for up to two days (entailing eight hours on site and one additional hour for drive time and preparation of daily notes) for ground disturbance related to the excavation of a bio - retention/infiltration basin; and prepare a Cultural Resources Monitoring Report at the conclusion of monitoring to document the findings during the monitoring effort.
Native American monitoring, per CUL-1, will be conducted by consulting tribe(s), who will be contracted directly with the City of Escondido. Costs for Native American monitoring are not included in this Augment.
Assumptions:
• Up to two (2) 8-hour days of cultural resources monitoring will be performed by one (1) archaeological monitor.
• The results of monitoring will be negative, and no cultural resource documentation or treatment will be required.
• If significant cultural material is encountered, the project archaeologist will coordinate with the Client and City staff to develop and implement appropriate treatment or mitigation measures. • Costs associated with meetings, and/or technical studies and reports (“additional work”) are not included within the scope of services required of HELIX under this Augment.
Task 4.3 – Biology Study
Additional biological services are recommended for the Project. RBC will perform the following scope of work. These surveys are anticipated to be performed in the Spring of 2025. Per previous email coordination with the City related the need for a jurisdictional delineation survey on 3/27/25, “Given the site-specific conditions, CDFW has the widest reach and their jurisdictional boundary would extend to the outer limits of the existing dripline. Since the project was redesigned to avoid the dripline boundary, no project impacts are anticipated. Therefore, a jurisdictional delineation is not necessary, as avoidance is incorporated into the design. A jurisdictional delineation is typically only recommended if agency permitting is expected to be required. The BTR and CEQA will both conclude that the project would have no impacts to wetland areas.”
Task 4.3.1 – Pre-Construction Crotch’s Bumble Bee Survey RBC will conduct two (2) focused surveys for Crotch’s bumble bee (Bombus crotchii), a candidate species for listing under the California Endangered Species Act (CESA), within the approximately 4.5- acre project site plus a 50-foot buffer. Survey methods will follow the California Department of Fish and Wildlife (CDFW) 2023 Survey Considerations for CESA Candidate Bumble Bee Species to the greatest extent feasible. The surveys will take place at least two to four weeks apart between April and August when detection of Crotch’s bumble bee is greatest. Surveillance will be focused where ample nectar sources are present. The location of any observed Crotch’s bumble bee will be recorded along with population size and nesting status. If present, non -lethal photo vou chers of focal species will be captured at various angles to confirm accurate identification.
Following completion of the surveys, a memorandum of findings would be prepared by RBC and transmitted to you for review and comment. Editorial revisions would be incorporated into a final version by RBC. In addition, any observations of Crotch’s bumble be e would be reported to the California Natural Diversity Database (CNDDB) in compliance with state requirements.
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It is assumed that Crotch’s bumble bee surveys and rare plant surveys, outlined in Task 4.3.2, will be conducted consecutively on the same survey date.
Task 4.3.2 – Pre-Construction Rare Plant Surveys
RBC botanists will conduct two (2) focused surveys for special-status plant species in accordance with accepted botanical survey protocols developed by the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW). Surveys will be conducted during the appropriate blooming periods for the following target species:
• California adolphia (Adolphia californica)
• Decumbent goldenbush (Isocoma menziesii var. decumbens) • Delicate clarkia (Clarkia delicata)
• Nuttall’s scrub oak (Quercus dumosa)
• Summer holly (Comarostaphylis diversifolia ssp. diversifolia) RBC botanists survey will survey the approximately 4.5 -acre project site plus a 50 -foot buffer during each visit by walking meandering transects within suitable habitat. Special -status plants that are observed will be mapped using a Global Positioning Syst em (GPS), and population size and other relevant field observations will be recorded. Vascular plant species on the site will be identified species, subspecies, or varietal level. A plant compendium of the site will be generated, listing all plant species observed.
Following completion of the surveys, a memorandum of findings would be prepared by RBC and transmitted to the City and Kimley -Horn for review and comment. Editorial revisions would be incorporated into a final version by RBC.
Please note that the cost below assumes that rare plant surveys and Crotch’s bumble bee surveys, outlined in Task 1, will be conducted consecutively on the same survey date. If surveys must take place on separate days, additional costs will apply.
It is assumed that the rare plant surveys and the Crotch’s bumble bee surveys, outlined in Task 4.3.1, will be conducted consecutively on the same survey date.
Task 4.3.3 – Biological Technical Report Update Site Plan Analysis & Revisions RBC will revise the biological technical report (BTR) per the updated site plan, specifically addressing the avoidance of impacts on jurisdictional features north of the project site. In addition, the BTR will be revised to include survey results from the coastal California gnatcatcher (Polioptila californica californica) surveys conducted by HELIX Environmental Planning and surveys to be conducted by RBC as outlined in Tasks 4.3.1 and 4.3.2. The BTR revisions will also include an analysis of potential project impacts on Crotch’s bumble bee in anticipation of CDFW comments. This task includes updates to all report figures per the new site plan, re -calculation of impacts via GIS, and updates to in-text report impact and mitigation analyses. The avoidance, minimization, and mitigation measures will be revised for consistency with the Draft Initial Study/Mitigated Negative Declaration.
The report will be submitted in digital format for Kimley-Horn and the City’s review. Following editorial input, a revised report will be submitted in PDF format for Kimley-Horn and the City for review. This scope and cost also assumes analysis of the project alignment/impact area recently provided to RBC.
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If project plans are changed after biological impact analysis is initiated, this will be considered and additional service.
Task 4.3.4 – Nesting Bird Survey
In compliance with the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code (§3503. 3503.5, and 3513), a nesting bird survey will be conducted within the project site in areas subject to vegetation removal plus an approximately 50-foot buffer for passerines and 300-foot buffer for raptors (survey area). The survey will be performed three (3) days or less before the removal of vegetation, including existing ornamental trees. A qualified avian biologist will search the survey area for nesting birds and/or nesting activity. If observed, the location of active and/or historical nests will be mapped on a recent aerial photograph.
A memorandum summarizing the survey results will be prepared and submitted to you for review.
Please note that this task does not include preparation of a nest protection plan, coordination with CDFW and/or USFWS, or ongoing nest monitoring if nests are observed; however, these services can be provided under a separate contract if deemed necessary based on survey results and project scheduling. This task includes one general nesting bird survey and report preparation; if work is done in phases or is delayed, additional surveys may be required that are beyond the scope outlined herein.
Task 4.3.5 – Worker Environmental Awareness Program
RBC will develop a worker awareness training program in compliance with project-specific avoidance, minimization, and mitigation measures. Training will include: 1) the purpose for resource protection; 2) a description of the coastal California gnatcatcher , coast horned lizard, red -diamond rattlesnake, southern California legless lizard, and other sensitive plants and wildlife potentially present on site as well as their habitats; 3) the avoidance and minimization measures that should be implemented during project construction, including strictly limiting activities, vehicles, equipment, and construction materials to the demarcated project footprint; 4) the protocol to follow if a biological resources issue arises at any time during the construction process; 5) the general provisions of applicable biological laws and regulations, such as CESA; the need to adhere to the provisions of the laws and regulations; and the penalties associated with non -compliance with the laws and regulations. RBC will provide one ‘tailboard’ training to all project crew on the first day of construction/monitoring; if additional trainings are necessary beyond the scope outlined herein, such services can be provided under a separate scope and cost.
Assumptions:
• If Crotch’s bumble bee is documented on the project site, CDFW consultation will be required and, if take is unavoidable, a CDFW Incidental Take Permit (ITP) and associated mitigation would be necessary. This task does not include CDFW consultation, development of avoidance and minimization measures, or preparation of an ITP application; however, such services can be provided under a separate scope and cost if necessary. • If rare plants are documented on site and impacts on any CRPR List 1 species (>5 individuals) and/or List 2 species (>20 individuals) cannot be avoided, a Rare Plant Mitigation Plan will be required. This task does not include CDFW consultation or preparat ion of a Rare Plant Mitigation Plan; however, such services can be provided under a separate scope and cost if necessary.
• This scope assumes that construction of the project will occur within one calendar year of surveys. If construction is delayed, pre -construction surveys may need to be repeated. Only one round of pre-construction surveys is included within this scope and cost.
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Task 5 – 75% DESIGN SUBMITTAL
Kimley-Horn has adjusted the site design to account for the potential environmental impacts . The design revisions included minimizing grading on the existing multi-use path and earthen swale grading.
These design revisions resulted in updating the 75% design plans, revising the cost estimate and adjusting the storm water reports. It is not anticipated that changes to the site limits of work will be required moving forward.
Kimley-Horn was requested by the City to incorporate another submittal package for the Plot Plan Application. As this is a recent implemented City process, this was not in the original scope. Kimley- Horn has allocated additional effort to perform this work outlined in the amendment scope.
If additional design efforts are required, this effort will be considered an additional service.
Schedule
We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule.
Fee and Billing
Kimley-Horn will perform the additional scope of services outlined above on a time and materials basis of $65,525.00.
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STAFF REPORT
May 7, 2025
File Number 0600-10; A-3058-9; A-3325-8
SUBJECT
APPROVE CONTRACT AMENDMENTS FOR THE CITRACADO PARKWAY EXTENSION PROJECT
DEPARTMENT
Development Services
RECOMMENDATION
Request the City Council adopt 1) Resolution No. 2025-44 authorizing Amendment 9 to the consultant contract with Perennial Environmental I, LLC in the amount of $260,190.84, and 2) Resolution No. 2025- 45 authorizing Amendment 8 to the consultant contract with TY Lin International in the amount of $98,220 for the Citracado Parkway Extension Project (“Project”).
Staff Recommendation: Approval (Chris McKinney, Interim Development Services Director/Deputy City Manager and Jonathan Schauble, City Engineer)
Presenter: Matthew Souttere, Project Manager
ESSENTIAL SERVICE – Yes, Public Works/Infrastructure
COUNCIL PRIORITY – Improve Public Safety
FISCAL ANALYSIS
There are adequate programmed funds in the Project accounts to cover the cost of the proposed amendments. The Project is funded with a combination of funding sources including a $12.5-million Local Partnership Program grant, TransNet, Traffic Impact Fees, and a contribution from the Palomar Hospital project. The total cost of the construction phase was over $35 million.
PREVIOUS ACTION
On August 1, 2012, the City Council approved a professional services contract with Brian F. Smith and Associates, Inc. in the amount of $496,000. Brian F. Smith and Associates was later purchased by Perennial Environmental, LLC. On October 11, 2023, the City Council authorized the Mayor to execute Amendment 8 with Perennial Environmental I, LLC in the am ount of $515,530.71 to provide continued archeological services for mitigation and oversite during construction.
On February 5, 2020, the City Council approved a professional services contract with TY Lin International in the amount of $1,596,544. On Augus t 14, 2024 the City Council authorized the Mayor to execute 135
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Amendment 6 with TY Lin International in the amount of $376,460 to provide continued con struction management of the Project.
BACKGROUND
Construction of the Project began on September 6, 2022, and had an original estimated completion date of February 2024, however, weather, utility conflicts and relocations, and other work caused by unforeseen conditions extended the Project duration through April 2025. Because of added work and the extended duration of the Project, additional related services were required.
Cultural Monitoring
Cultural monitoring, soil sifting, cataloging , and reporting are required by the Project’s CEQA- Environmental Impact Report, Memorandum of Agreement and associated mitigation measures . An amendment to the agreement with Perennial Environmental I, LLC, Project archeologist, is necessary due to the additional effort required to screen, collect, and catalog all cultural items from the large volume of excavated cultural soil within the Project area. Because the Project passed through well -established archeological sites, the number of cultural deposits encountered during processing of the materials was very high. Collecting and cataloging the culturally sensitive items found during screening of cultural soil is a slow, but required, process to meet Project permitting requirements of 100 percent (100%) recovery of cultural artifacts such as arrowhe ads, beads, tools, and burial items. Additional monitoring was required because of re -routed utilities and relocated items that were unaccounted for on the original plans. A contract amendment with Perennial Environmental I, LLC in the amount of $260,190.84 will pay for additional mitigation support, including cultural monitoring, sifting, cataloging, reporting, and artifact curation. In addition, Perennial is working with tribal representatives to finalize the Kumeyaay Luiseno Preservation Area (“KLPA”) for implementation by the City.
Construction Management and Inspection
An amendment to the agreement with TY Lin International is necessary due to continued support needed to review and respond to extra work bills being submitted by the construction contractor for work they deem is extra , even though construction of Project street improvements has been completed. The contractor has extended construction of Project landscaping and irrigation requiring continued oversight which is being provided by TY Lin International. TY Lin International’s assistance is also needed to identify work costs being shared by Rincon, and assistance with staff to provide support of items being disputed by the Project contractor. Staff recommends a contract amendment wit h TY Lin International in the amount of $ 98,220 for review and responses to additional submitted extra work items, continued landscape and irrigation work oversight, determin ation of Rincon Water District’s shared costs, and support to city staff in disputed work items with the Project contractor.
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Project Status
The Project is substantially complete. All street improvement work has been completed, with only landscape plant establishment work remaining. Project landscape and irrigation acceptance have been slowed because of the use of reclaimed water, add ing rigorous measures to receive the County of San Diego Department of Environmental Health approval , and slow contractor production . Work continues with Project archeologist and tribal representatives to finalize the KLPA for implementation by the City.
RESOLUTIONS
a) Resolution No. 2025-44
b) Resolution No. 2025-44—Exhibit “A”—Nineth Amendment to the Consulting Agreement with Perennial Environmental I, LLC
c) Resolution No. 2025-45
d) Resolution No. 2025-45—Exhibit “A”—Eighth Amendment to the Consulting Agreement with TY Lin International
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RESOLUTION NO. 2025-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, A UTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF THE CITY, THE NINTH
AMENDMENT TO THE CONSULTING AGREEMENT WITH
PERENNIAL ENVIRONMENTAL I, LLC FOR THE CITRACADO
PARKWAY EXTENSION PROJECT
WHEREAS, the City Council has allocated fund ing in the adopted Capital Improvement Program Budget for the Citracado Parkway Extension Project (“Project”); and WHEREAS, on October 11, 2023 , the City Council adopted Resolution No. 2023-121 authorizing execution of an eighth amendment to the Consultant Agreement with Perennial Environmental I, LLC; and WHEREAS, additional archeological services are requ ired of Perennial Environmental I, LLC to support the construction of the Project in the amount of $260,190.84.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
1. That the above recitations are true.
2. That Mayor is authorized to execute, on behalf of the City, a Ninth Amendment to the Consulting Agreement with Perennial Environmental I, LLC , which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.
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Resolution No. 2025-44
Exhibit “A”
Eighth Amendment - 1 - CAO: 2/16/2023
To Consulting Agreement
CITY OF ESCONDIDO
NINTH AMENDMENT TO CONSULTING AGREEMENT
This Ninth Amendment to Consulting Agreement (“Ninth 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: Julie Procopio
760-839-4001
("CITY")
And: Perennial Environmental I, LLC
a Texas limited liability company
dba BFSA Environmental Services
14040 Poway Road, Suite A
Poway, CA, 92064
Attn: Brian F. Smith
858-679-8218
("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 August 22, 2012, which was subsequently amended by a First Amendment dated February 5, 2014, Second Amendment dated September 9, 2014, Third Amendment dated September 1 3, 2017, Fourth Amendment dated October 1, 2018, Fifth Amendment dated January 14, 2020, Sixth Amendment dated November 16, 2020, a Seventh Amendment dated July 19, 2021, and Eighth Amendment dated November 15, 2023 (collectively, the “Agreement”), wherein the CITY retained CONSULTANT to provide consulting services related to the construction of the City’s Citracado Parkway Extension Project , 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 Ninth 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:
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Resolution No. 2025-44
Exhibit “A”
Eighth Amendment - 2 - CAO: 2/16/2023
To Consulting Agreement
1. The CON SULTANT shall furnish all of the Services described in “Attachment A ” to this Ninth Amendment.
2. The CITY will compensate CON SULTANT in an additional amount not to exceed the sum of $260,190.84, pursuant to the conditions contained in “Attachment A” to this Ninth Amendment.
3. All other terms of the Agreement not referenced in this Ninth Amendment shall remain unchanged and in full force and effect. In the event of a conflict between a provision of the Agreement and this Ninth Amendment, this Ninth Amendment shall prevail.
4. This Ninth 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.
5. This Ninth 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 Ninth Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.
6. Unless a different date is provided in this Ninth Amendment, the effective date of this Ninth Amendment shall be the latest date of execution set forth by the names of the signatories below.
IN WITNESS WHEREOF, this Ninth Amendment is executed by the Parties or their duly authorized representatives as of the Effective Date:
CITY OF ESCONDIDO
Date: __________________ ____________________________________ Dane White, Mayor
Perennial Environmental I, LLC
Date: __________________ ___________________________________ Signature
___________________________________
Jonathan Fredland, President
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
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Resolution No. 2025-44
Exhibit “A”
Eighth Amendment - 3 - CAO: 2/16/2023
To Consulting Agreement
ATTACHMENT “A”
Scope of Work
A. General
Perennial Environmental I, LLC, a Texas limited liability company (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with continued Cultural Resources Mitigation Monitoring Program (the ”Mitigation Program”) services and construction monitoring as required to comply with the ap proved Environmental Impact Report for the Citracado Parkway Extension Project (“Project”), and as part of the Memorandum of Agreement (“MOA”) attached to the United States Army Corps of Engineers (“USACE”) Clean Water Act Section 4041 Permit for this Project.
B. Location
Consultant shall provide services as required for all excavation and disturbance of cultural soil within the Project site, including the existing portion from West Valley Parkway to South Andreasen Drive, Escondido. Please see Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference, for the Project site map.
C. Services
1. Services provided pursuant to the Ninth Amendment shall be in accordance with the proposal, which is attached hereto as Exhibit 2 to this Scope of Work and incorporated herein by this reference. In the event of a conflict between the Agreement and Exhibit 2, the terms of the Agreement shall prevail.
2. All services provided pursuant to the Ninth Amendment shall be consistent with th e MOA requirements.
D. Scheduling
Inquires relating to this Ninth Amendment, including scheduling and coordination with City staff, shall be directed to Matt Souttere at 760-214-4718 or [email protected].
E. Contract Price and Payment Terms
The contract price of this Ninth Amendment shall not exceed $260,190.84. The contract price of this Ninth Amendment includes all labor, materials, equipment, and transportation required to perform the work, and shall bring the cumulative contract price of the Agreement to $3,487,947.30.
Services shall be billed on time and material 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.
The service rates as described in Exhibit 2 shall remain firm throughout the term of this Ninth Amendment.
F. Term
The term of this Ninth Amendment shall be from the Effective Date of this Ninth Amendment through the date of Notice of Completion for the Project, which shall be filed by the City with the County of San Diego after all Project improvements and closeout documents are accepted by the City Engineer. Project completion is anticipated by December 2025.
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Resolution No. 2025-44
Exhibit “A”
Eighth Amendment - 4 - CAO: 2/16/2023
To Consulting Agreement
EXHIBIT “1”
Project Site Map
142
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Resolution No. 2025-44
Exhibit “A”
Eighth Amendment - 5 - CAO: 2/16/2023
To Consulting Agreement
143
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Resolution No. 2025-44
Exhibit “A”
Eighth Amendment - 6 - CAO: 2/16/2023
To Consulting Agreement
EXHIBIT “2”
Cultural Resources Mitigation Monitoring Program and Construction Monitoring Proposal Scope of Work
The MMRP for the Citracado Parkway Extension Project will be directed by Consulting Archaeologist Brian Smith and Senior Archaeologist Tracy Stropes. All archaeological field work and monitoring of earthwork will be completed by BFSA staff. Native American monitoring will be provid ed by Saving Sacred Sites for the Luiseno and Red Tail Environmental for the Kumeyaay. The task to be accomplished by BFSA and the Native American participants are provided below:
Task 6A. Bulk Screening of Cultural Soil:
All cultural soil generated by the controlled grading, the supplemental data recovery excavation, or any archaeological excavation of discovered features or potentially significant deposits will be screened to recover all cultural materials and any human remains larger than one-eighth of an inch.
Additional work to due to re-excavated and relocated utilities, relocated irrigation, added tree locations, bio-basin enlargement due to construction activities. In areas with high potential for encountering cultural material, equipment used for screening had to be remobilized to the site to complete screening of generated soils from excavation.
Added Cost This Task: $67,362.62
Task 9 Archaeological Monitoring of Construction Grading and Added Utility Work:
All grading and earthwork within the construction zone related to the Citracado Parkway Extension Project shall be monitored by a qualified archaeologist. The archaeological monitor will be responsible for the production of a daily monitoring log to record the location of daily monitoring and any recovery of archaeological materials. Within the limits of grading, particular attention will be paid to the cultural resources identified within the Area of Potential Effects, including SDI 12,209 and SDI-8280, two known culturally sensitive areas within the project footprint.
Significant changes were made to the irrigation system along with excavation of relocated storm drain utilities, correction work to utilities and bio basins, etc. that were damaged, etc. to both potable and reclaimed water systems included in the project along with other utility systems deeper than originally designed, and now in cultural soil require additional work to monitor potholing and installation of facilities in the area of the Esco ndido Creek’s northern levee are necessary to ensure compliance with environmental permitting requirements.
Added Cost This Task: $12,220.00
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Resolution No. 2025-44
Exhibit “A”
Eighth Amendment - 7 - CAO: 2/16/2023
To Consulting Agreement
Task 10 Native American Monitoring:
Native American monitors are required to be on site whenever excavation work into undisturbed soils within SDI-12,204 and SDI -12,209 takes place. Added work was required due to re-excavated and relocated utilities, relocated irrigation, added tree locations, bio-basin enlargement due to construction activities. The added costs include the mileage reimbursement they request.
Added Cost This Task: $45,024.53
Task 16A Laboratory Processing of Artifact Collections:
Final cataloging of the extensive artifact collections from the controlled grading process from 2020, 2021, and now 2022 will take place at the BFSA laboratory. Special studies, including radiocarbon dating, faunal analysis, obsidian hydration and sourcing, and flake attribute analysis, may be conducted to exhaust the research potential of the site areas i mpacted by the project. At the conclusion of the laboratory processing, all non-repatriated artifacts shall be prepared for permanent curation at the San Diego Archaeological Center (SDAC) unless the Native American representatives request reburial of artifacts at the KLPA. The scope of this task will be based upon the results of any subsequent data recovery excavations needed to address discoveries made during the controlled grading process.
Further, if other cultural deposits are discovered within the pro ject alignment outside of the area of controlled grading at SDI -12,209, and additional artifact collections are generated, the laboratory processing of that material would be added to this task. The SDAC will require a fee to accept collections from this project. The fee is dependent upon the size of the collection.
Once initial screening and preliminary sorting of cultural material is completed at the project site, all material collected is brought to a laboratory for greater review by archeological staff and Native American representative. Due to added soils and higher than anticipated quantities of material and cultural deposits, additional work to process, catalog and document findings is needed to remain compliant with project permits. Because the added excavated soil is very culturally rich, additional time to review collected samples as with previously collected materials. Because of the culturally rich soil, Native American monitors are inclined to provide more oversight reviewing our staffs processing of the added soils. Their participation is allowed and encouraged.
Added Cost This Task: $138,692.31
Total Added Costs for All Tasks: $260,190.84
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RESOLUTION NO. 2025-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, A UTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF THE CITY, THE EIGHTH
AMENDMENT TO THE CONSULTING AGREEMENT WITH TY
LIN INTERNATIONAL FOR THE CITRACADO PARKWAY
EXTENSION PROJECT
WHEREAS, the City Council has allocated fund ing in the adopted Capital Improvement Program Budget for the Citracado Parkway Extension Project (“Project”); and WHEREAS, on February 5, 20 20, the City Council adopted Resolution No. 202 0-08 authorizing execution of a Consulting Agreement with TY Lin International in the amount of $ 1,596,544 for the construction management of the Project; and
WHEREAS, on June 22 , 20 22, the City Council adopted Resolution No. 202 2-82 authorizing execution of a first amendment to the Consulting Agreement with TY Lin International in the amount of $982,162.51 for the continued construction management of the Project; and WHEREAS, on September 21 , 20 23, the City Manager executed a second amendment to the Consulting Agreement with TY Lin International in the amount of $191,295 for the continued construction management of the Project; and
WHEREAS, on October 11, 2023, the City Council ad opted Resolution No. 2023 -123 authorizing execution of a third amendment to the Consulting Agreement with TY Lin International in the amount of $845,013 for the continued construction management of Project; and 146
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WHEREAS, on April 17 , 202 4, the City Council adopted Resolution No. 2023 -45 authorizing execution of a fourth amendment to the Consulting Agreement with TY Lin International in the amount of $389,823 for the continued construction management of Project; and WHEREAS, on August 2, 2024, the City Manager executed a fifth amendment to the Consulting Agreement with TY Lin International in the amount of $ 197,380 for the continued construction management of the Project; and
WHEREAS, on August 14, 2024, the City Council adopted Resolution No. 202 4-116 authorizing execution of a sixth amendment to the Consulting Agreement with TY Lin International in the amount of $376,460 for the continued construction management of Project; and WHEREAS, on December 31 , 2024, the City Manager executed a seventh amendment to the Consulting Agreement with TY Lin International in the amount of $196,572 for the continued construction management of the Project; and
WHEREAS, additional construction management services are requ ired of TY Lin International to support the construction of the Project in the amount of $98,220.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
1. That the above recitations are true.
2. That Mayor is authorized to execute, on behalf of the City, an Eighth Amendment to the 147
Item8.
Consulting Agreement with TY Lin International, which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.
3. That the City Manager is authorized to approve all amendments to this Agreement up to an additional $100,000, which shall bring the cumulative Agreement price to $4,973,469.51. 148
Item8.
Eighth Amendment - 1 - CAO: 04/23/2024
To Consulting Agreement
CITY OF ESCONDIDO
EIGHTH AMENDMENT TO CONSULTING AGREEMENT
This Eighth Amendment to Consulting Agreement (“Eighth Amendment”) is made and entered into as of the last signature date set forth below (“Effective Date”), Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Owen Tunnell
760-839-4087
("CITY")
And: T.Y. Lin International
a California corporation
404 Camino del Rio South, Suite 700
San Diego, CA, 92108
Attn: Joseph Smith
619-692-1920
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties entered into that c ertain Consulting Agreement dated March 9, 2020, which was subsequently amended by a First Amendment dated August 11, 2022, a Second Amendment dated September 21, 2023, a Third Amendment dated October 31, 2023, a Fourth Amendment dated May 15, 2024, a Fifth Amendment dated August 2, 2024, a Sixth Amendment dated September 18, 2024, and a S eventh Amendment dated December 31, 2024 (collectively, the “Agreement”), wherein CITY retained CONSULTANT to provide services for construction management, inspection and material testing for the Citracado Parkway Extension Project , as more 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 Eighth 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 Eighth Resoluntion No. 2025-45
Exhibit "A"
149
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Eighth Amendment - 2 - CAO: 04/23/2024
To Consulting Agreement
Amendment.
2. The CITY will compensate CON SULTANT in an additional amount not to exceed the sum of $98,220, pursuant to the conditions contained in “Attachment A” to this Eighth Amendment.
3. All other terms of the Agreement not referenced in this Eighth Amendment shall remain unchanged and in full force and effect. In the event of a conflict between a provision of the Agreement and this Eighth, this Eighth Amendment shall prevail.
4. This Eighth 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.
5. This Eighth 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 th is Eighth Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.
6. Unless a different date is provided in this Eighth Amendment, the effective date of this Eighth Amendment shall be the latest date of execution set forth by the names of the signatories below.
(SIGNATURE PAGE FOLLOWS)
Resoluntion No. 2025-45
Exhibit "A"
150
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Eighth Amendment - 3 - CAO: 04/23/2024
To Consulting Agreement
IN WITNESS WHEREOF, this Eighth Amendment is executed by the Parties or their duly authorized representatives as of the Effective Date:
CITY OF ESCONDIDO
Date: __________________ ____________________________________ Dane White, Mayor
T.Y. Lin International
Date: __________________ ___________________________________ Joseph Smith, Vice 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.
Resoluntion No. 2025-45
Exhibit "A"
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Eighth Amendment - 4 - CAO: 04/23/2024
To Consulting Agreement
ATTACHMENT “A”
Scope of Work
A. General
T.Y. Lin International, a California corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with continued consulting services related to the construction of the City’s Citracado Parkway Extension Project (“Project”).
B. Location
Consultant shall provide continued services relating to improvements being constructed within the Project site, including the existing portion from West Valley Parkway to South Andre asen Drive, Escondido. Please see Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference, for the Project site map.
C. Services
1. Consultant shall continue to provide construction management services to help resolv e outstanding construction related issues such as close out of all remaining landscaping and irrigation work, environmental closeout, review and response to all submitted extra work invoices recently submitted, negotiations for additional funding from Rincon for additional work that was completed as part of the project , review and negotiation of remaining disputed work items submitted by the project contractor , and provide support to City staff in the event all d isputed items cannot be resolved prior to project closeout.
2. Services provided pursuant to the Eighth Amendment shall be in accordance with the Consultant’s proposa l, which is attached hereto as Exhibit 2 to this Scope of Work and incorporated herein by this reference. In the event of a conflict between this Eighth Amendment and Exhibit 2, the terms of this Eighth Amendment shall prevail.
D. Scheduling
Inquires relating to this Eighth Amendment, including scheduling and coordination with City staff, shall be directed to Matt Souttere at 760-214-4718 or [email protected].
E. Contract Price and Payment Terms
The contract price of this Eighth Amendment shall not exceed $98,220. The contract price of this Eighth Amendment includes all labor, materials, equipment, and transportation required to perform the work, and shall bring the cumulative contract price of the Agreement to $4,873,469.51.
Services shall be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.
F. Term
The term of this Eighth Amendment shall be from the Effective Date of this Eighth Amendment through resolution of all disputes for the Project. This is anticipated by December 31, 2025.
Resoluntion No. 2025-45
Exhibit "A"
152
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Eighth Amendment - 5 - CAO: 04/23/2024
To Consulting Agreement
EXHIBIT “1”
Resoluntion No. 2025-45
Exhibit "A"
153
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Eighth Amendment - 6 - CAO: 04/23/2024
To Consulting Agreement
EXHIBIT “2”
Please see attached.
Resoluntion No. 2025-45
Exhibit "A"
154
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Prepared for: City of Escondido
CITRACADO PARKWAY EXTENSION PROJECT
Amendment to address outstanding EWBs and COE support
4/28/2025
POSITION
April May June July August Sept. Oct. Nov. ODCs
20 24 2025 Hours $ $ Hours $ %
$98,220 100.0%
BRIAN ROCHELLE, PE DEP RE/STRUCTURE REP/FIELD ENGINEER 40 40 25 25 15 15 10 10 $203.28 $209.38 180 $37,688 $5,000 180 $42,688 43.46% 0 $0 0 $0 0.00%
0 $0 0 $0 0.00%
WADE DURANT, PE SCHEDULE REVIEWS/CCOs/CLAIMS 10 40 40 40 25 25 25 25 $234.41 $241.44 230 $55,532 230 $55,532 56.54% 0 $0 $0 0 $0 0.00% $0 0.0%
0 $0 0 $0 0.00%
0 $0 0 $0 0.00%
0 $0 0 $0 0.00%
0 $0 0 $0 0.00%
0 $0 0 $0 0.00%
0 $0 $0 0 $0 0.00% $0 0.0%
0 $0 0 $0 0.00%
0 $0 0 $0 0.00%
0 $0 0 $0 0.00%
0 $0 0 $0 0.00%
0 $0 0 $0 0.00%
0 $0 $0 0 $0 0.00% $0 0.0%
0 $0 0 $0 0.00%
0 $0 0 $0 0.00% $0 0.0%
0 $0 0 $0
410 $93,219.84 $5,000.00 410 $98,220 100% Totals 100%
NAME
2025
Post activities (EWBs and COE Support)
Fee Estimate
L
abor Rates 2024-2025 Total Subtotal per Firm
T.Y. LIN T.Y. LIN
$
0 $0
$0
$0
EXHIBIT 2
Resoluntion No. 2025-45
Exhibit "A"
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ORDINANCE NO. 2025-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING THE 202 4
OMNIBUS ZONING CODE UPDATE THAT AMENDS
VARIOUS ARTICLES OF THE ESCONDIDO ZONING CODE
AND ONE AMENDMENT TO THE ESCONDIDO
SUBDIVISION ORDINANCE
The City Council of the City of Escondido, California does ordain as follows:
SECTION 1. The City Council makes the following findings:
a) The City of Escondido Planning Division conducts an annual review of the Escondido Zoning Code to determine if any revisions are necessary to reflect State mandated changes, to correct errors or inconsistencies, and to address land use considerations that have previously been overlooked.
b) Planning Division staff identified the need to amend Chapter 32, Article 2 (Tentat ive Maps) and Chapter 33, Articles 1 (General Provisions and Definitions), 6 (Residential Zones), 16 (Commercial Zones), 26 (Industrial Zones), 30 (Hazardous Chemical Overlay (H-C-O) Zone), 37 (Public Art), 39 (Off -Street Parking), 57 (Miscellaneous Use Re strictions), 61 (Administration and Enforcement), 65 (Old Escondido Neighborhood), 66 (Sign Ordinance), 67 (Density Bonus and Residential Incentives), 70 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Escondido Municipal Code.
c) The Pl anning Commission of the City of Escondido held a duly noticed public hearing on January 14, 202 5, to consider the 202 4 Omnibus Zoning Code Update amendments and recommended approval of the items as provided in Exhibit “B.”
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STAFF REPORT
May 7, 2025
File Number 0810-30
SUBJECT
BATTERY ENERGY STORAGE SYSTEMS WITHIN THE CITY OF ESCONDIDO
DEPARTMENT
Development Services Department and Fire Department
RECOMMENDATION
Request the City Council receive the informational presentation provided by staff and provide direction to staff on next steps related to:
Development of regulation (if any) surrounding battery energy storage systems; The in -place interim urgency ordinance prohibiting new commercial battery energy storage systems.
Staff Recommendation: Receive and File (Development Services Department: Christopher W.
McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Veronica Morones, City Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Improve Public Safety
FISCAL ANALYSIS
Directing staff to develop a health and safety ordinance and/or land use ordinance would result in fiscal impacts associated wit h the staffing resources needed to develop such ordinances. Depending on the direction of the City Council with regard to ordinance development, funds may be needed for subject matter expert procurement to assist in the development of such ordinance(s). At this time, no identified dollar value is known and further research would be required. City staff would return to a future City Council meeting to provide more specific fiscal analysis.
PREVIOUS ACTION
On August 28, 2024, the City Council adopted Resolution No. 2024 -113 expressing its position and recommendations on Battery Energy Storage Systems projects in and adjacent to the City of Escondido. 157
Item10.
On October 9, 2024, the City Council adopted, with modific ation, Ordinance No. 2024 -12R, an Interim Urgency Ordinance prohibiting new commercial Battery Energy Storage Systems within the City of Escondido (“City”) for 45-days.
On November 20, 2024, the City Council adopted Ordinance No. 2024-14R, extending Urgency Ordinance No. 2024-12R for up to 10 months and 15 days so as to provide staff with additional time to study potential impacts of commercial BESS facilities.
BACKGROUND
Prior Action
On October 9, 2024, the City Council adopted, with modification, Ordin ance No. 2024-12R, pursuant to Government Code 65858(a), approving a 45 -day prohibition on new commercial Battery Energy Storage Systems (“BESS”) within the City . On November 20, 2024, the City Council adopted, with modification, Ordinance No. 2024 -14R, extending the October 9 , 2024 adopted ordinance for up to an additional 10 months and 15 days. Together, both ordinances are referred to throughout this report as the “Urgency Ordinance”. The Council approved the Urgency Ordinance with a modification directing City staff to include evaluation of minimum workforce standards , establishing a threshold of “small” versus “large” systems, evaluation of the San Diego County’s BESS Best Practice Guidance, and development of an emergency response plan in their study of commercial BESS facilities.
The Urgency Ordinance prohibits any use, permit, variance, building permit, business license, or any other entitlement from being approved or issued for establishment, construction, or operation of a commercial BESS facility within the City. Pursuant to Government Code 65858 , establishment of the initial urgency ordinance allowed for a 45-day prohibition, and further allows for the 10-month and 15-day extension of the Urgency Ordinance, which if not rescinded, will expire on October 5, 2025.
Between adoption of Urgency Ordinance No. 2024-12R on October 9, 2024 and the subsequent extension on November 20, 2024, staff continued to review, study, and consider land use development policies and standards related to commercial BESS facilities that could be added to the City’s Zoning Ordinance and General Plan. As identified in the 10-day Report (Exhibit “A” to Ordinance No. 2024-14R and available on the City’s website) staff found at least one city within California with an adopted “Energy Storage Facility” Ordinance (City of Beaumont, Ordinance No. 1142), prohibiting energy storage facilities in all zones except their industrial zone; adopting definitions for jargon associated with BESS facilities; and ado pting use standards for such facilities. Staff also reviewed contemporary literature on BESS facilities and contacted potential affected parties associated with a commercial BESS facility prohibition and policy development.
As of November 20, 2024, staff h ad contacted at least one stakeholder with knowledge on minimum workforce standards associated with commercial BESS facilities. Additionally, City staff continued review of the cause of the BESS fire located at 571 Enterprise Street. Finally, the Escondido Fire Department continued to work with the County of San Diego regarding their policy recommendations for BESS projects.
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Outreach Efforts
Since November 20, 2024 and the adoption of the Urgency Ordinance extension, City staff met with over a dozen differ ent stakeholders, ranging from individuals to public agencies and private interest groups.
These interested parties proactively reached out to the City for discussion. Topics discussed during meetings included, but were not limited to: workforce standards ; general concerns regarding public health and safety; educational information on BESS technology and processing; interest and opinions on the City’s actions moving forward —including support or opposition of the City’s interim ordinance; and the need for cl ean energy systems and grid stability. One of the broader themes expressed by BESS proponents entails a desire for certainty regarding regulation (i.e., adoption of any regulation rather than ambiguity). Table 1 below identifies all parties City staff met with regarding BESS facilities and Urgency Ordinance 2024-12R.
Table 1 – BESS Related External Meetings
No. Stakeholder Stakeholder Type Meeting date
1 San Diego Gas and Electric (SDG&E) Utility April 15, 2025 2 Clean Energy Alliance (CEA) Community Choice
Aggregation Program
April 15, 2025 and April 25,
2025
3 San Diego Community Power Community Choice
Aggregation Program April 15, 2025
4 California Strategies Interest group April 15, 2025
5 Southwest Strategies Interest group April 15, 2025
6 Middle River Power Power Plant
Operator/Developer January 31, 2025
7 Joe Rowley Individual January 13, 2025
8 CA Public Utility Commission (CPUC) Government Agency January 3, 2025 9 CA Energy Commission (CEC) Government Agency January 3, 2025 10 AES Interest group December 19, 2024 and
April 15, 2025
11 Andrew Goldstone Individual November 20, 2024
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12 City of Surprise, Arizona Government Agency November 14, 2024 13 IBEW Local Union 569 Union November 14, 2024 and
April 15, 2025
14 San Diego Regional Chamber of
Commerce Private Entity April 15, 2025
15 Energy Response Group Interest group April 15, 2025
Workforce Standards
During the November 20, 2024 City Council meeting, the City Council included direction for staff to evaluate minimum workforce standards. At this time, staff are still in the preliminary phases of researching best practice surrounding minimum workforce sta ndards in BESS facility regulation. Staff spoke with a representative of the International Brotherhood of Electrical Workers (IBEW), Union 569, who advocated for the City’s incorporation of a minimum workforce requirement on the following topics:
Require energy storage and microgrid training via ESAMTAC certification; o ESAMTAC is a nonprofit, brand neutral, national training and certification program based on standards and codes developed and/or approved by the National Fire Protection Association ( “NFPA”), National Electrical Installation Standards ( “NEIS”), National Electrical Code (“NEC”), American National Standards Institute (“ANSI’), and the Electric Power Research Institute ( “EPRI”). ESAMTAC is a nonprofit organization supported by industry contributions, and by the National Science Foundation. o ESAMTAC credentials ensure worker(s) and contractor(s) have undergone training related to s afe and effective assembly, testing, commissioning, maintenance, repair, retrofitting, and decommissioning of energy storage and microgrid (“ESM”) systems. Require C-10 certified contractors, thereby requiring use of state certified electricians for install and maintenance.
o The C-10 specialty licensure requires any electricians working under a C-10 contractor be state certified electricians. Certification of electricians is not required for contractors licensed under different classes, such as those for low voltage systems. o The California Department of Industrial Relations Electrician Certification Program certifies electricians for purposes of C-10 compliance. o All electricians who make connections of greater than 100-volt amps who work for C-10 Contractors are required to be certified state electricians.
Based on preliminary research, the requirement for use of a C-10 certified contractor has been adopted by at least one jurisdiction in California—Kern County. Their BESS regulations (incorporated into their Fire 160
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Code) require use of a C-10 license for their fire alarm systems and gas detection systems thereby assuring state certified electricians are used.
Further, City staff reviewed the County of San Diego’s BESS Best Practices Guide for reference to minimum workforce standards. The guide identifies “workforce training and quality checks during energy storage” as recommended mitigation to ensure potential causes leading to BESS failures/incidents are reduced.
County of San Diego Guidelines
The City Council directed City staff to consider the San Diego County BESS Best Practice Guidance as part of next steps during the Urgency Ordinance. At the time of the November 20, 2024 meeting to extend the Urgency Ordinance, the draft guidance had yet to be presented before the County Board o f Supervisors.
Since then, the County Board of Supervisors reviewed the final draft guidance and voted to receive the document and determined that it was best to leave the BESS requirements up to the County Fire Chief.
San Diego County began developing its BESS Best Practice G uidance in response to the increasing complexity and potential hazards posed by energy storage technologies. The intent of this document is to support the County’s review and permitting process for BESS by providing clear direction on how to meet the intent of Section 1.1.2 of the California Fire Code (“CFC”). This section emphasizes the importance of safeguarding public health, safety, and welfare from fire, explosion, or dangerous conditions in both new and existing structures. As BES S technology has rapidly evolved, its associated risks have in some cases outpaced existing fire code provisions, prompting the need for more robust interim standards that exceed the current CFC to ensure adequate safety measures.
The development of these guidelines was a collaborative effort led by a consultant hired by the County, working alongside the Development Services and the 11 other County Fire Marshal groups. As the contract Fire Department for the Rincon Del Diablo Water District, the Escondido F ire Department ( “EFD”) was directly involved as a stakeholder, given that these guidelines would apply to developments within the district. Fire Department staff participated in the initial review process, offering feedback and comments on the draft docume nt. While the Board of Supervisors has not yet formally adopted permanent regulations, it has delegated the authority to enforce the interim guidance to the County Fire Chief.
Permanent County BESS regulations are anticipated to be reviewed and potentially adopted in late 2025, in alignment with future updates to state-level fire codes.
The County’s interim BESS guidelines lay out several key development and safety standards. These include strict compliance with NFPA and California Fire Code requirements, t he installation of advanced fire suppression systems, and comprehensive hazard analyses —particularly around thermal runaway and plume modeling—to determine safe evacuation parameters. Projects must observe a minimum 100-foot setback from property lines and allow emergency vehicle access within 150 feet of the system. The guidelines also mandate the integration of enhanced safety technologies such as UL 864 -compliant fire detection systems, explosion prevention features, and Battery Management Systems. All i nstallations must undergo independent safety reviews and third -party verification of new technologies to ensure operational integrity.
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The EFD perspective, as the Fire Department responsible for ensuring the safety of developments in the City of Escondido, is that the City should follow the County’s interim BESS guidelines. These standards provide a comprehensive framework that reflects best practices and addresses safety concerns not yet fully captured in existing codes. By aligning with the County’s appro ach, the City would not only uphold our commitment to public safety but also ensure consistency and clarity for developers operating within our jurisdiction —one of the key factors expressed by BESS proponents during preliminary outreach .
However, it should be noted that staff anticipate new BESS regulation in the upcoming CFC cycle update.
This draft language has not been released but staff intend to review the anticipated new CFC code language against the County’s guidelines for consistency purposes. Therefore, direction from the Council to abide by the County’s guidelines in the interim—similar to the Board of Supervisor’s approach—would allow some assurance and certainty for BESS developers.
The County’s Guidelines can be found here:
https://engage.sandiegocounty.gov/26597/widgets/91161/documents/61679 Emergency Response Plan Development
The Council directed staff to consider the development of an emergency response plan in relation to BESS facilities. Currently, state regulations adopted under Senate Bill (SB) 38 (2023) require each battery energy storage facility located in the state to have an emergency response and emergency action plan that covers the premises of the battery energy storage facility. The law requires the owner or operator of the facility, in developing the plan, to coordinate with local emergency management agencies, un ified program agencies, and local first response agencies. The law requires the owner or operator of the facility to submit the plan to the county and, if applicable, the city where the facility is located.
Additionally, the San Diego County’s BESS Best Practice Guidelines details several response plans that are recommended for facilities, including emergency operation plans, emergency response and action plans, and fire safety and evacuation plans. Each plan type serves a different function and need in the event of an emergency, and should the City Council direct staff to follow and/or adopt the County’s guidelines, certain BESS facilities would be required to provide such additional plans at the discretion of the Fire Chief. 571 Enterprise Fire
At the time of writing this staff report, a final report on the 571 Enterprise BESS facility fire has yet to be released by San Diego Gas and Electric ( “SDG&E”). While the City does not monitor the utility’s internal investigation, staff will continue to engage with the utility to obtain any necessary and relevant information related to the incident.
Next Steps
Based on the preliminary information provided in this staff report, City staff request additional direction from the City Council on next steps regarding BESS facility regulations and the current Urgency Ordinance in effect. Table 2 below provides a number of options the City Council may consider and direct staff to undertake; however, the list below is not meant to be exhaustive. 162
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Table 2 – City Council Options for Staff Direction
With regard to regulations:
Option 1: Abandon further progress on formal BESS regulations.
Option 2: No further movement on adoption of formal regulations and instead direct staff to abide by the County’s Guidelines on BESS facilities.
Timeframe: Immediate.
Option 3: Direct staff to incorporate the County’s Guidelines as part of the upcoming CFC required update resulting in adopted guidelines within the City’s Fire Code (staff recommended).
Timeframe: Formal adoption of safety regulations for BESS facilities anticipated by the Fire Department at the start of 2026.
Option 4: Direct staff to develop City -specific safety regulations as part of the upcoming CFC update (i.e., safety regulations that are not the County’s Guidelines).
Timeframe: 12 -18 months; development of City -specific regulations would take additional staffing capacity and funding may be needed.
Option 5 : Direct staff to develop City -specific land use regulations (i.e., zoning ordinance) for BESS facilities, in addition to- or in lieu of- a safety ordinance as part of the CFC update.
Timeframe: ~18 months; development of City-specific land-use regulations would take subject matter expertise and addition al staffing capacity. Funding for development of a land use ordinance would be requested by staff for purposes of consultant support and environmental review.
With regard to the current Urgency Ordinance:
Option A: Maintain the Urgency Ordinance until its expiration set for October 5, 2025.
Note: The Urgency Ordinance may be extended for another 12-months following Oct. 5, 2025 (Gov. Code section 65858(a)).
Note: Assembly Bill (AB) 205 (2022) grants the CA Energy Commission (CEC) authority to permit certain clean and renewable energy facilities , including BESS, in lieu of any permit that would normally be required by the local land use authority and most, but not all, state permits.
Option B: Rescind the Urgency Ordinance any time before October 5, 2025. 163
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ATTACHMENTS
a) Attachment “1” - Adopted Urgency Ordinance 2024-12R
b) Attachment “2” - November 20, 2024 City Council Staff Report c) Attachment “3” - October 4, 2024 City Council Staff Report 164
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ORDINANCE NO. 2024-12R
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ESCONDIDO PROHIBITING NEW
COMMERCIAL BATTERY ENERGY STORAGE SYSTEMS
WITHIN THE CITY OF ESCONDIDO, ADOPTED AS AN
URGENCY MEASURE; AND FINDING THE ACTION TO
BE EXEMPT FROM CEQA
WHEREAS, the City of Escondido, California, (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in general, a Bat tery Energy Storage Systems ("BESS") facility collects energy from the grid, stores it, and then discharges that energy later to provide electricity or other grid services when needed, typically at times of high demand; and
WHEREAS, Escondido Energy Center, LLC ("Applicant") is proposing to construct a BESS facility on land currently owned by Escondido Energy Center, LLC located at 1968 Don Lee Place (Assessor’s Parcel No.: 228-381-74-00); and
WHEREAS, on February 7, 2024, Applicant filed a land use development application (Planning Case No. PL24-0037), constituting a request for Major Plot Plan to establish a 50-megawatt (MW) BESS facility comprised of 31 lithium-ion battery storage enclosures. The proposed project is located within the General Industrial (M-2) zoning designation. Article 26 of the Escondido Zoning Ordinance (Chapter 33 of the Escondido Municipal Code) permits for a wide-range of activities, including those considered “heavy” or “intensive” outside storage needs, heavier equipment, and operational characteristics that require the least restrictive design standards. The General Industrial zoning designation specifically allows for power plants, oil refineries and bulk stations, transmission facilities, and uses involvin g hazardous chemicals and waste, all of which are similar in intensity of a BESS; and Docusign Envelope ID: D7832190-E455-4693-9B86-4895595419DA Attachment "1"
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WHEREAS, a BESS within the General Industrial zone would be permitted via the Major Plot Plan review process as outlined and pursuant to Article 61 (Administration and Enforcement), Division 8 (Plot Plans) of Chapter 33 (Zoning) of the Escondido Municipal Code; and WHEREAS, the City's current Zoning Regulations do not contain criteria specifically for BESS facilities; and
WHEREAS, in 2022, the Governor signed into law Assembly Bill 205 ("AB 205"), which expands the California Energy Commission's ("CEC") powerplant siting authority previously limited to thermal powerplants-to certain renewable energy facilities, including energy storage systems (as defined in Pub. Util. Code section 2835) that are capable of storing 200 Megawatt -hours or more of electrical energy; and
WHEREAS, pursuant to AB 205 (as codified at Pub. Res. Code Division 15, Chapter 6.2), an applicant proposing to build a qualifying energy facility may file an "opt in application for certification" at the CEC and the CEC's permitting authority over the proposed project is "in lieu of any permit, certificate, or similar document required by a state, local, or regional agency, or federal agency, to the extent permitted by federal law, for those facilities"; and WHEREAS, in reviewing so-called opt-in projects, the CEC functions as the Lead Agency for purposes of California Environmental Quality Act ("CEQA") review. In certifying an opt-in project, the CEC must make certain findings; and
WHEREAS, whether or not an Applicant's proposed project requires local entitlement approvals, there remain significant public safety-related concerns that must be analyzed prior to any BESS project moving forward within Escondido, whether at the 1968 Don Lee Place site or elsewhere in the community; and
Docusign Envelope ID: D7832190-E455-4693-9B86-4895595419DA Attachment "1"
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WHEREAS, there have been several recent fires at BESS facilities in and around the City as well as throughout California and nationwide. BESS facilities that use lithium-ion batteries create particularly unique fire and explosion hazards. Lithium-ion batteries are considered inherently safe and stable but certain conditions elevate the risk of fire such as impacts, puncture, or mechanical damage, overcharging, overheating, and short circuits. The site for the pending application is within 700 feet of established residential uses located with the County; and WHEREAS, on August 28, 2024, the City Counc il adopted Resolution No. 2024 -113, which is incorporated herein as though set forth in full, outlining the Council’s concerns with the proliferation of BESS projects in and around the City of Escondido, includ ing negative economic impacts inconsistent with the City’s adopted 2023 to 2028 Comprehensive Economic Development Strategy and potential public health and safety risks associated with the ignition of fires , including “thermal runaways,” from these facilities; and
WHEREAS, on September 5, 2024 , at appr oximately 12:09 p.m., the Escondido Fire Department responded to a fire at a 30 MW San Diego Gas and Electric (“SDG&E”) BESS facility located at 571 Enterprise Street within the City of Escondido (“incident”). The incident entailed an active fire of a Lithium -Ion battery bank used for the purposes of energy storage. Due to specific hazards resulting from the burning of Lithium -Ion batteries, the City deployed a defensive strategy focused on protecting adjacent structures containing addi tional batteries and implemented evacuations of the surrounding area. Mandatory evacuations resulting from the incident included an area approximately one square mile for approximately 48 -hours. Certain Escondido Unified School District schools and facilities shut down as a result of the fire as well. Responders from the Escondido Fire Department and Police Departments, as well as the San Diego County Hazardous Materials Division, Health Departments, and SDG&E monitored the site, including water and air s ampling for Docusign Envelope ID: D7832190-E455-4693-9B86-4895595419DA Attachment "1"
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public health and safety; and
WHEREAS, on October 7, 2023, the Governor of California signed into law Senate Bill 38 ("SB 38"), which amends California Public Utilities Code Section 761.3 to address safety concerns with BESS projects.
SB 38 requires every BESS facility in California to establish an emergency response and emergency action plan for the facility to protect surrounding residents, neighboring properties, emergency responders, and t he environment. The BESS facility owner or operator must coordinate with local emergency management agencies, unified program agencies, and local first responders to develop the plan, and submit the plan to the county and the city where the facility is located; and WHEREAS, given the fairly new technology, lack of long -term study of the performance and risk associated with these facilities, as well as the ever-increasing megawatt capacity of these projects, the City of Escondido has not had an adequate opportunity to undertake a comprehensive study of the developing technologies and designs such that it can publish appropriate development guidelines for these projects to ensure the public’s welfare and safety; and WHEREAS, California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance, an urgency measure in the form of an interim ordinance may be adopted by a four-fifths vote of the City Council to protect the public from a current and immediate threat to the public health, safety, or welfare resulting from a contemplated zoning proposal. Government Code Section 65868 further provides that such an urgency measure shall be effective for only 45 days following its adoption, but may be extended beyond the initial 45-day period, following compliance with that Section, for an additional 10 months and 15 days and subsequently for an additional 12 months; and
WHEREAS, the potential for development of new commercial BESS facilities within the City of Docusign Envelope ID: D7832190-E455-4693-9B86-4895595419DA Attachment "1"
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Escondido without adequate land use policies and standards in place to implement SB 38 and to prevent potentially catastrophic interference with nearby communities presents a current and immediate threat to the public's safety and welfare, and the approval of use permits, building permits, or other applicable entitlements for such uses would result in that threat to public safety and welfare; and
WHEREAS, while this interim ordinance is in effect, the City intends to study and consider land use development policies and standards related to BESS facilities that should be added to the City's General Plan and Zoning Regulations and minimum workforce standards and develop an emergency response plan; and
WHEREAS, the City Council has the authority under Government Code Sections 36934 and 36937(b) to adopt an ordinance that takes effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council; and WHEREAS, the City finds it is necessary for the City Council to adopt this Interim Ordinance as an Urgency Ordinance, as set forth in the above recitals, which are incorporated herein by reference, and pursuant to the powers under Government Co de Sections 36934 and 36937 (b), for the immediate preservation of the public health and safety.
NOW, THEREFORE, t he City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows:
SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. This Interim Ordinance is not subject to CEQA (Public Resources Code §21000, et seq.) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) Section 15060(c)(2) as the Docusign Envelope ID: D7832190-E455-4693-9B86-4895595419DA Attachment "1"
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activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Here, the Interim Ordinance will prohibit certain projects from proceeding for a period of time during which the City will study the potential development. As a result, this Interim Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Alternatively, this Interim Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269(c) because it prevents a clear and imminent danger that requires immediate action to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services. Here, the Interim Ordinance will prohibit certain projects from proceeding for a period of time during which the City will study the potential development. This activity is meant to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services by studying the hazards associated with BESS facilities, such as unique fire and explosion hazards, for potential development of zoning regulations for BESS facilities.
SECTION 3. From and after the date of enactment of the Interim Ordinance, no use permit, variance, building permit, business license, or any other entitlement for use shall be approved or issued for the establishment, construction, or operation of a commercial BESS facility for any location or property within the City of Escondido, unless a use permit was approved prior to October 9, 2024, authorizing the establishment, construction, and operation of the commercial BESS facility, in which case the commercial BESS facility may continue in operation as approved but may not be replaced or modified in any manner that would require revision or amendment to the use permit under the City's Zoning Regulations. As used in this Interim Ordinance, the term "commercial" means the use of a BESS facility to provide electricity to third parties, for consideration.
SECTION 4. This Interim Ordinance is urgently needed for the immediate preservation of the public health, safety, and welfare based on the findings herein. It shall take effect immediately upon Docusign Envelope ID: D7832190-E455-4693-9B86-4895595419DA Attachment "1"
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adoption and shall be of no further force and effect 45 days following the date of its adoption, unless earlier repealed by the City Council or extended in accordance with the provisions set forth in California Government Code Section 65858.
SECTION 5. The penalties for land use violations that are prescribed in Sections 33-1310 through 33-1313 of the Municipal Code shall apply to violations of the provisions of this Interim Ordinance.
SECTION 6. If any provision of this Interim Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Interim Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.
SECTION 7. The City Council hereby directs staff to prepare, execute, and file with the County of San Diego Clerk a Notice of Exemption within five (5) working days of the adoption of this Interim Ordinance.
SECTION 8. This Interim Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and shall be interpreted in light of that intent.
SECTION 9. Unless extended by City Council, this Interim Ordinance shall remain in effect until close of business on November 23, 2024.
SECTION 10. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.
Docusign Envelope ID: D7832190-E455-4693-9B86-4895595419DA Attachment "1"
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SECTION 11. Pursuant to Government Code Section s 36934 and 36937(b), this Ordinance shall be effective immediately upon its adoption.
SECTION 12. The City Clerk is hereby directed to certify to the immediate passage of this Interim Ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.
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PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 9th day of October, 2024 by the following vote to wit:
AYES : Councilmembers: C. GARCIA, J. GARCIA, MARTINEZ, MORASCO, WHITE NOES : Councilmembers: NONE
ABSENT : Councilmembers: NONE
APPROVED:
DANE WHITE, Mayor of the
City of Escondido, California
ATTEST:
ZACK BECK, City Clerk of the
City of Escondido, California
*****
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO : ss.
CITY OF ESCONDIDO )
I, Zack Beck, City Clerk of the City of Escondido, hereby certify that the foregoing ORDINANCE NO. 2024-12R passed at a regular meeting of the City Council of the City of Escondido held on the 9th day of October, 2024.
ZACK BECK, City Clerk of the
City of Escondido, California
ORDINANCE NO. 2024-12R
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STAFF REPORT
November 20, 2024
File Number 0810-15
SUBJECT
EXTENSION OF INTERIM URGENCY ORDINANCE PROHIBITING NEW COMMERCIAL BATTERY ENERGY
STORAGE SYSTEMS WITHIN THE CITY OF ESCONDIDO
DEPARTMENT
City Attorney’s Office and Development Services Department
RECOMMENDATION
Request the City Council adopt Interim Ordinance No. 2024-14 extending Urgency Ordinance No. 2024- 12R prohibiting new commercial Battery Energy Storage Systems within the City of Escondido, including the Report Regarding Measures Taken to Alleviate Conditions which Led to Adoption of Urgency Ordinance No. 2024-12R.
Staff Recommendation: None (Development Services: Christopher W. McKinney, Deputy City Manager) Presenter: Veronica Morones, City Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Improve Public Safety
FISCAL ANALYSIS
No direct fiscal costs are associated with the adoption of this Interim Urgency Ordinance.
PREVIOUS ACTION
On August 28, 2024, the City Council adopted Resolution No. 2024 -113 expressing its position and recommendations on Battery Energy Storage Systems projects in and adjacent to the City of Escondido.
On October 9, 2024, the City Council adopted , with modification, Ordinance No. 2024 -12R, an Interim Urgency Ordinance prohibiting new commercial Battery Energy Storage Systems within the City of Escondido (“City”) for 45-days.
BACKGROUND
At the October 9, 2024 City Council meeting, the Council adopted, with modification, Ordinance No. 2024- 12, pursuant to Government Code 65858(a), approving a 45 -day prohibition on new commercial Battery 579
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Energy Storage Systems (“BESS”) within the City (“Urgency Ordinance No. 2024 -12R”). The C ouncil approved Ordinance No. 2024 -12R with a modification directing City staff to include evaluation of minimum workforce standards and development of an emergency response plan in their study of commercial BESS facilities.
Both the October 9, 2024 City Council staff report and adopted Urgency Ordinance No. 2024 -12R are provided under Attachment “1” of this report. Urgency Ordinance No 2024-12R prohibits any use, permit, variance, building permit, business license, or any other entitlement from being appr oved or issued for establishment, construction, or operation of a commercial BESS facility within the City. Urgency Ordinance No. 2024-12R will expire on November 23, 2024.
Extension of Urgency Ordinance and 10-Day Report
Under State law, after notice and a public hearing, an Interim Ordinance can be extended for 10 months and 15 days following the initial 45-day period by a four-fifths vote by the City Council (Government Code section 65858(a)). Upon adoption, this Ordinance (No. 2024 -14) will extend the provisions of Urgency Ordinance No. 2024 -12R for 10 months and 15 days to provide staff with additional time to study the potential impacts of commercial BESS facilities and measures for mitigating the public safety, health and welfare, and economic development concerns described in the Ordinance’s findings. Should the City Council choose to extend Urgency Ordinance No. 2024 -12R for the maximum duration allowed under State law (10 months and 15 days) by adopting Ordinance No. 2024 -14, then Urgency Ordinance 2024 - 12R would expire on October 5, 2025.
Under State law, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the initial Interim Ordinance 10 days prior to the expiration of the Interim Ordinance (Government Code section 65858(d)). Exhibit “A” to Ordinance No. 2024 -14 provides such report and describes the measures taken to alleviate the condition which led to the adoption of Urgency Ordinance No. 2024 -12R, as required by State law. The 10-day report was made publicly available no later than Wednesday, November 13, 2024, 10-days prior to the November 23, 2024 expiration of Urgency Ordinance No. 2024-12R.
Since the adoption of Urgency Ordinance No. 2024 -12R on October 9, 2024, staff continue to review, study, and consider land use development policies and standards related to commercial BESS facilities that could be added to the City’s Zoning Ordinance and General Plan. As outlined in the 10-day Report (Exhibit “A” to Ordinance No. 2024-14) staff identified at least one city within California with an adopted “Energy Storage Facility” Ordinance (City of Beaumont, Ordinance No. 1142), prohibiting energy storage facilities in all zones except their industrial zone; adopting definitions for jargon associated with BESS facilities; and adopting use standards for such facilities . Staff also reviewed contemporary literature on BESS facilities and contacted potential affected parties associated with a commercial BESS faci lity prohibition and policy development. As of the writing of this report, staff contacted at least one stakeholder with knowledge on minimum workforce standards associated with commercial BESS facilities. 580
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Additionally, City staff continue to evaluate and review the cause of the BESS fire located at 571 Enterprise Street and evaluate the requirement for BESS facilities to develop an emergency response plan . Finally, staff is reviewing the County of San Diego’s draft policy recommendations for BESS projects.
Based on this initial research and review, staff recommends additional deliberation and time to determine a best course of action for commercial BESS facility regulation. Staff remain concerned that a lack of local land use regulation s surrounding commer cial BESS facilities within the City would result in negative economic impacts inconsistent with the City’s adopted 2023 to 2028 Comprehensive Economic Development Strategy and potential public health and safety risks associated with the ignition of fires , including “thermal runaways,” from these facilities. Therefore, City staff recommend additional time to further investigate these issues, formulate recommendations for City Council consideration, and explore potential amendments to the City’s Zoning Ordin ance and/or General Plan to mitigate potential risks.
Adoption of Ordinance No. 2024 -14 by four-fifths of the City Council would extend Urgency Ordinance 2024-12R for an additional 10 -months and 15-days unless earlier repealed, terminated, or extended by the City Council.
CEQA Determination
This Interim Ordinance is not subject to CEQA (Public Resources Code §21000, et seq.) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) Section 15060(c)(2) as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment Further, the 10-Day Report merely describes actions previously taken to alleviate the conditions which led to the adoption of Urgency Ordinance No. 2024-12R.
Alternatively, the Interim Ordinance is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3), and, in the alternative, 15307, and, in the alternative, 15308. Here, this Interim Ordinance will extend the current prohibition on certain projects from being able to proceed for a period of time during which the City will study the potential development. This activity is meant to assure the protection of the environment and natural resources by studying the hazards associated with BESS facilities, such as unique fire and explosion hazards, for potential development of zoning regulations for BESS facilities. Further, the 10-Day Report merely describes actions previously taken to alleviate t he conditions which led to the adoption of Urgency Ordinance No. 2024-12R.
Alternatively, this Interim Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269(c) because it prevents a clear and imminent danger that requires immediate action to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services.
ORDINANCES
a) Ordinance No. 2024-14
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b) Ordinance No. 2024 -14 – Exhibit “A” — 10-day Report Regarding Measures Taken to Alleviate Conditions which Led to Adoption of Urgency Ordinance No. 2024-12R
ATTACHMENTS
a) Attachment “1” – October 9, 2024 City Council Staff Report and adopted Ordinance No. 2024-12R
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Attachment "2"
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STAFF REPORT
October 9, 2024
File Number 0810-15
SUBJECT
INTERIM URGENCY ORDINANCE PROHIBITING NEW COMMERCIAL BATTERY ENERGY STORAGE
SYSTEMS WITHIN THE CITY OF ESCONDIDO
DEPARTMENT
Development Services Department and City Attorney’s Office
RECOMMENDATION
Request the City Council adopt Ordinance No. 2024-12 approving, as an urgency measure, an Interim Ordinance to prohibit new commercial Battery Energy Storage Systems within the City of Escondido.
Staff Recommendation: None (Development Services: Christopher W. McKinney Deputy City Manager and Interim Director of Development Services)
Presenter: Veronica Morones, City Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Improve Public Safety
FISCAL ANALYSIS
No direct fiscal costs are associated with the adoption of this interim urgency ordinance.
PREVIOUS ACTION
On August 28, 2024, the City Council adopted Resolution No. 2024 -113, expressing its position and recommendations on Battery Energy Storage Systems projects in and adjacent to the City of Escondido.
BACKGROUND
A Battery Energy Storage Systems (BESS) facility collects energy from the grid, stores it, and then discharges that energy later to provide electricity or other grid services when needed, typically at times of high demand. A commercial BESS facility means a facility that would provide electricity to third parties.
At this time, the number of existing commercial BESS facilities within City limits is unclear; however, based on the California Energy Commission’s California Energy Storage System survey, there ma y be up to 27 commercial BESS within zip codes 92025, 92026, 92027, and 92029. Further research would be required 59 Item6.
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to determine which of these facilities are located within the City or within unincorporated areas subject to county regulations.
Currently, one application for entitlement of a commercial BESS facility is under review through the Development Services Department. On February 7, 2024, the City’s Development Services Department received a submittal for a Major Plot Plan to establish a 50-megawatt (MW) BESS facility comprised of 31 lithium-ion battery storage enclosures at 1968 Don Lee Place. The proposed project is located within the General Industrial (M-2) zoning designation. The City's current zoning regulations do not contain criteria specifically for BESS facilities . The General Industrial Zone ( Article 26 of Chapter 33 of the Escondido Municipal Code) permits for a wide-range of activities, including those considered “heavy” or “intensive” outside storage needs, heavier equipment, and operational characteristics that require the least restrictive design standards. The General Industrial zoning designation specifically allows for power plants, oil refineries and bulk stations, transmission facilities, and uses involving hazardous chemicals and waste, all of which are similar in intensity of a BESS.
The City Council approved a Major Plot Plan, Zoning Map Amendment, and Zoning Text Amendment for a commercial BESS located at 555 N. Tulip on December 6, 2023 (“Goal Line Project”). The Go al Line Project consists of a 50 MW commercial BESS which required a zoning designation change from Planned Industrial to General Industrial as part of the project’s approval. The applicant has yet to move forward with any post -entitlement permitting proce sses, such as grading or building permits. The approved entitlement for the commercial BESS will expire on December 6, 2025 unless the applicant receives issuance of a grading or building permit, or files an Extension of Time through Development Services prior to the expiration date.
BESS Project Concerns
Known concerns surrounding commercial BESS facilities include economic development implications resulting from their remote management and low onsite staffing, and public health and safety hazards stemming from the potential for the ignition of fires, explosions and “thermal runaway” events (which, once initiated, are extremely difficult to extinguish).
The City’s adopted 2023 to 2028 Comprehensive Economic Development Strategy (“CEDS”), a five -year roadmap which outlined a plan to improve the City’s local economy, made many findings including that the City had relatively high concentrations of less-than-optimal industries and building types which can impede employme nt growth and economic opportunity and deter more robust drivers to the City’s economy. Given the general operational model for BESS projects , placement of these projects in and around the City’s jurisdiction fails on a number of counts: achieve the critical long-range goals of increasing economic and employment opportunities for City residents; optimize available properties to their highest and best land use; increas e land values; and develop land uses that attract families and business investment. Proliferation of commercial BESS facilities may cause long-term static land use , negative 60 Item6.
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impacts on existing residential land values , as well as disincentivize employers and businesses from locating into the area, and create lower-than-optimum local sales and ad valorem tax opportunities.
Further, commercial BESS facilities may burden the City with health and safety risks. The City is located in an area of San Diego County subject to severe and destructive wildfires and as such, its residents have been required to undertake extensive fire safety efforts at their homes and have experienced issues such as ever-increasing home insurance premiums or non-renewals of existing policies due to the potential of fires. Therefore, recent fires in and around Escondido, including the most recent BESS facility fire located at 571 Enterprise Street in the City of Escondido, raise concerns regarding health and safety and a question of what such risks may require from the City’s fire and safety resources and personnel to battle such fires.
On October 7, 2023, Senate Bill 38 was signed into law to address safety concerns with commercial BESS projects by requiring commercial facilities in California establish an emergency response and emergency action plan for the facility to protect surrounding residents, neighboring properties, emergency responders, and the environment. The BESS Facility owner or operator must coordinate with local emergency management agencies, unifies program agencies, and local first responders to develop the plan and submit it to the county and city where the facility is located.
SB 38 recognizes the many hazards that commercial BESS facilities create. It provides that the mandated emergency response and action plan may consider responses to potential offsite impacts, such as poor air quality, threats to municipal water supplies , and those related to shelter -in-place orders and road closure notifications.
Urgency Ordinance
California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance, an urgency measure in the form of an interim ordinance may be adopted by a four-fifth vote of the City Council to protect the public from a current and immediate threat to the public health, safety, or welfare resulting from a contemplated zoning proposal.
Section 65858 further provides that such an urgency measure shall expire 45 days following its adoption; however, such measure may be extended beyond the initial 45 -day period, following compliance with Government Code Section 65868, for an additional 10 months and 15 days, and subsequently for an additional 12 months. Government Code Section 65858(d) requires the City issue a written report describing the measures taken to alleviate the condition which led to the adoption of the initial interim ordinance 10 days prior to expiration ( i.e., 35-days after passage of the interim ordinance ) for purposes of extending the urgency ordinance. Subsequent to the written report, Government Code Section 65858(a) allows for an initial 10-month and 15-day extension to provide the City with additional time to study the potential impacts of commercial BESS facilities and measures for mitigating the public safety, health and welfare concerns described above.
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With adoption of Ordinance No. 2024 -12, the City Council would effectively prohibit any use permit, variance, building permit, business license, or any other entitlement for use from being approved or issued for the establishment, construction, or operation of a commercial BESS facility for any location or property within the City for the immediate preservation of public health, safety, and welfare based on the findings detailed in the ordinance.
CEQA Determination
This interim ordinance is not subject to CEQA (Public Resources Code §21000, et seq.) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) Section 15060(c)(2) as the activity will not result in a direct or reasonably foreseeable indirect physical chang e in the environment. Alternatively, this Interim Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269(c) because it prevents a clear and imminent danger that requires immediate action to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services.
ORDINANCES
a) Ordinance No. 2024-12
62 Item6.
Attachment "3"
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STAFF REPORT
May 7, 2025
File Number 0120-10
SUBJECT
BOARD AND COMMISSION INTERVIEWS
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council conduct interviews of applicants to fill vacancies on the City's Boards and Commissions.
Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
ESSENTIAL SERVICE – Yes, Police Services; Fire/ EMS Services; Keep City Clean for Public Health and Safety; Land Use/Development; Clean Water; Sewer; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces
COUNCIL PRIORITY – Eliminate Structural Deficit; Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development
FISCAL ANALYSIS
N/A
PREVIOUS ACTION
None
BACKGROUND
Terms for certain members serving on the Building Advisory and Appeals Board, Library Board of Trustees, Public Art Commission and Transportation and Community Safety Commission are set to expire on May 31, 2025 . There is also an unscheduled vacancy on the Planning Commission . The City Council w ill interview candidates on March 7, 2025 and the Mayor’s appointments will be ratified by the City Council at a later date (following make -up interviews) . Here is the interview format (5 minutes total per candidate):
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Introduction
Questions 1. Relevant Ex perience: What experience do you have that qualifies you to serve on this Board/Commission, and how will it help you contribute effectively? Question 2. Knowledge of the Board/Commission: What do you know about the specific role and responsibilities of this Board/Commission, and how do you think it impacts the community? Question 3. Vision and Goals: What is your vision for Escondido, and how would you contribute to that vision through your role on this Board/Commission? Conclusion (optional)
ATTACHMENTS
a) Attachment “1” – Candidate Applications
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BOARD AND COMMISSION APPLICATION
Name Jonathan Day
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Building Advisory and Appeals Board
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
My vision for Escondido is quite simple--An affordable, opportunistic and prosperous city in which individuals, families, small and large businesses proudly choose to
live, work and play.
Attachment "1"
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Short-term Goals:
1. Accelerate the permit and regulatory review
processes for new business applicants in Escondido
2. Increased tenancy of downtown buildings via
incentives, including subsidies for city-mandated
renovations, a major hurdle for building owners who
choose not to or simply cannot lease their space
because either they or their prospective tenants
simply cannot afford these costs.
3. Approval for marijuana sales via granting of
dispensary permits and licenses
4. Beautification projects, including trash and debris
clean-up initiatives, as well as performing a makeover, including planting trees/foliage and other aesthetically pleasing features, of Centre City Pkwy between the 78
on ramp and 15 freeway entrance
Long-term Goals:
1. Redevelopment of CA Center for the Arts, via the
sale of the venue to a private company (or several),
and/or city funding. I would love to see the entire
venue used for private retail and vending of food/drink and other services. Why not attract more people to
spend more time at Grape Day Park while utilizing the
facilities to spend money, which increases tax revenue
and benefits everyone?
2. Attract well-known and in demand "big box stores"
to the East Valley district, which will naturally revitalize the area with increased commerce, jobs and other
Attachment "1"
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new businesses capitalizing on the increased flow of
people shopping and spending money in the area.
2. A homeless population of 0 by the end of 2028.
3. Robust marketing campaign to attract new
business, including large corporate
headquarter/manufacturing/research facilities, to
Escondido.
What is Your Leadership
Style?
As a leader, I believe first and foremost in a structured and robust training program to ensure the highest
probability of success for new employees. If I can't
teach them how to perform their duties and to a level I expect, how can I hold them accountable for not doing
so?
In addition, once training has ended and competency
proven, I have full confidence my team will perform to
the standards agreed upon, often exceeding them due
to ongoing training and support. No matter the age or
level of experience, at this point we are all
professionals and should be treated as such, meaning
I tend to be mostly hands off of their daily tasks--
unless I have to be, which really shouldn't happen
given, again, I have previously done all I could to set them up for success. This does not at all eliminate the need for accountability, a foundation for individual and team success, conducted via weekly meetings and
overall performance reviews. Essentially, my job as a
manager and leader is to cast a vision for success by
setting expectations and ensure those expectations
are met by offering guidance, support and even
assistance with certain tasks as needed.
Attachment "1"
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Item11.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
Throughout the past 20 years, I have served our
community as a volunteer for several non-profit
organizations, including places of worship (Youth
Counselor for The Father's House Church in San
Marcos) and organizations such as Solutions for
Change and Las Valientes, both in Vista.
On the professional side, I have served as an active
member and ambassador for The Greater Escondido
Chamber of Commerce, as well as held leadership
positions for Business Networking International
Escondido. Unfortunately, the company I represented
in these roles ceased operations last November,
therefore I have not been involved in either since.
Currently, I am working with Escondido PD to become
a volunteer officer on a part-time basis.
What is Your Vocation? Hospitality Manager for Swamis Cafe Escondido
Attachment "1"
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Item11.
BOARD AND COMMISSION APPLICATION
Name Austin Denman
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Building Advisory and Appeals Board
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
My vision for the city of Escondido is one of growth and prosperity. I feel that by prioritizing sustainable growth, a forward-facing economy, and a proud, diverse
community of engaged citizens, there is a bright future ahead for this city. I believe that there is a high degree Attachment "1"
188
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of opportunity to attract new businesses and thereby
invest in Escondido’s local workforce. Escondido is
home to a diverse, hard-working group of people that
could greatly benefit from additional job opportunities
local to the city and I would love to see that facet grow.
It also seems like there is presently an opportunity to approach the issue of the unhoused population and
infrastructure improvements, which I acknowledge are
both quite daunting issues. I would greatly appreciate
the chance to help support a solution to these
problems (though I am sure there are already some
exceptional Escondido officials implementing a long-
term strategy).
As a member of the Building Advisory & Appeals Board
I would help ensure appeals are actioned in a timely
manner, building codes reflect industry standards, and
ensure that building projects reflect best practices
regarding construction/technology/safety.
My wife Alyssa and I moved here about 3 years ago
when we bought our first home together without any
real connection to Escondido whatsoever. However,
upon exploring here prior to the move, we found a
beautiful town with a long and captivating history,
great culture that oftentimes reminds me of a friendly
small town, and beautiful landscapes that I never even
knew existed. For these reasons and more we have put
our family roots down and are excited to be raising our first child (due in June) here in Escondido. All this just to say: I am grateful to this city, I believe in its people, and I know the future is bright.
What is Your Leadership
Style?
My leadership style is first and foremost Democratic. I
like to encourage others to voice their
thoughts/opinions and focus on a collaborative
Attachment "1"
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consensus (as opposed to autocratic directives). I also adhere to a transformational leadership style by
inspiring through aspirational future visions. That is
how I feel about the future of Escondido. I hope to
cultivate and share that vision with others to gather
momentum for positive change.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
Unfortunately, I have not been very involved in any
Civic, Non-Profit, or Professional Organizations during
the last few years. In my early teens, I would volunteer for local events in Anchorage, Alaska such as local
running events and our annual basketball tournament.
I have also worked in soup kitchens during college and
coached children’s martial arts classes for several
years in Los Angeles, solely to share knowledge and
enrich the community. I was in the Society of
Petroleum Engineers – Young Professionals
organization some years ago but no longer work in Oil
& Gas. More recently, I have been helping the small
church I joined here in Escondido by volunteering for
their events, providing any labor that requires heavy
moving, and other various tasks.
I would be eager for any potential suggestions to join
an applicable Escondido organization that fits the
criteria above.
What is Your Vocation? Currently, I am the Category Manager for Capital Expenditure (CapEx) at a company called
Commonwealth Fusion Systems. I oversee the
sourcing, procurement, supplier performance, spend,
and contracts for the CapEx category. Most commonly
these capital purchases are for large metal
fabrications/machined parts, dimensional inspection
equipment, automated production equipment, and
vehicles. Commonwealth Fusion is a leading start up
in nuclear fusion energy which could change the world
Attachment "1"
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(not to be confused with “nuclear fission” which is a
very different and a much less safe/efficient process).
Commonwealth is on track to establish the first ever
commercially viable fusion plant by 2026.
My career background and education are in Supply
Chain Management, and I have held a variety of
different roles. The last several years my roles have all been at very fast paced start ups (including my current company).
Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name Michael W Delaney
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Building Advisory and Appeals Board
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
I believe much of the business growth in North county
is being swallowed up by San Marcos. I hope to
improve the small business environment in Escondido,
Attachment "1"
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to ensure that our residents enjoy as much stability
and growth as can maximized.
What is Your Leadership
Style?
One of my favorite books about leadership is Team of
Rivals by Doris Kearns Goodwin. I believe a leader
must have the humility to know what they do and do
not know, and the openness to new ideas that can
allow somebody with a different expertise to offer their opinion, and prosper by it. Currently, I am managing a
group of 26 caller/canvassers in the South Bay, which
requires a certain degree of flexibility. I set broad
expectations, and I expect them to ask questions,
because if they follow orders and don’t ask any
questions, how can they know what the broad
objectives are? I believe in being proactive rather than reactive, and I have the humility to know when to
delegate or defer.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
Historic Preservation Commission (2022-24)
Building and Advisory Appeals Board (2023-present)
County Supervisor Joel Anderson Internship (present)
What is Your Vocation? BevMo (2023-present)
Junior Partner at Ares Strategic Consulting (June 22,
2024 - present)
Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name Shantel Suarez Avia
Email Address
Address
City
State
Zip Code
Phone Number Field not completed.
Which Seat Are You
Applying For?
Library Board of Trustees
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
I envision an Escondido where vibrant public spaces
are abundant, the air is clean, and walking through our neighborhoods is both safe and enjoyable. A
community where our schools are well-resourced and
supported, and our libraries serve as hubs of
Attachment "1"
194
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knowledge, imagination, and care.
I want to see our children nurtured with intention—
through strong schools and the many organizations
that shape their lives. Small businesses should have
the resources and support they need to thrive, while
our community members have access to steady,
good-paying jobs. Housing should provide stability, not displacement, with more affordable options for low-
income residents.
Finally, I dream of a downtown Escondido that reflects
our entrepreneurial spirit—a welcoming space where
locals and visitors alike can experience the heart of
our community, its culture, and its people.
Serving on Escondido’s Library Commission is one
way I hope to contribute to this vision. Libraries are
more than just books—they are places of learning,
connection, and opportunity. By ensuring our libraries
are well-supported, inclusive, and accessible,
especially during a transition, we can strengthen the
foundation of an Escondido that serves all its
residents.
What is Your Leadership
Style?
I am a collaborative, strategic, and compassionate
leader who values listening, diverse perspectives, and
thoughtful decision-making. I believe strong
leadership requires both gathering input from a range
of voices and taking responsibility for making
informed, accountable decisions.
Effective communication—especially active
listening—is central to my leadership approach. I
strive to balance urgency with patience, ensuring that
decisions are made with both care and efficiency
Attachment "1"
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while keeping progress on track.
For over 20 years, I have worked across diverse teams,
bridging different functions, cultures, financial
backgrounds, and languages. This experience has
strengthened my ability to navigate varying opinions,
build consensus, and drive meaningful outcomes.
I look forward to bringing this leadership style to the Library Commission, working alongside my peers to
continue creating an effective, strategic, and
community-centered library system for Escondido.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
Most recently, I served on Escondido’s Historical
Preservation Commission. I am also an alumna of the
Illinois Women's Institute for Leadership and the
Congressional Hispanic Caucus Institute.
As the founder and owner of Más Allá [mahs ah-yah], a
boutique consulting firm, I partner with social justice
nonprofits across the U.S. to help strengthen their
financial sustainability through increased resources
and strategic relationships. Since launching Más Allá
in 2019, my team has raised over $23 million for
nonprofit partners, collaborated with more than 35
nonprofit leaders, and completed over 50 projects
nationwide.
I look forward to bringing my civic, community, and
nonprofit experience to the City of Escondido and
contributing to the work of the Library Commission.
What is Your Vocation? Self-Employed, Owner of Más Allá since 2019
Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name Giselle Luevanos
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Library Board of Trustees
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
As a North County native, Escondido homeowner and
mother of three young children, I want to do everything I can to ensure that Escondido continues to be a safe,
thriving and growing community. This is where I'm
raising my kids and the success and well-being of this
Attachment "1"
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community are paramount to my family. The
Escondido Library is going through a critical time with the upcoming renovation and I want to help ensure its
success. As a young reader, my son would say the
Escondido Library is one of his favorite places in town.
What is Your Leadership
Style?
I am a compassionate and empathetic leader who
believes in authentic communication. I have extensive
management experience and was awarded SDSU's
Manager of the Year in 2015. I believe in establishing
clear expectations and helping to set others up for
success. With 12 years in public higher education, I
am well-versed in being part of boards and
committees working toward consensus and moving
forward progress, often in politically charged
environments or with many opinions or cooks in the
kitchen.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
St. Michael's Catholic Church lector (25 years)
What is Your Vocation? Senior Director of Communications and Marketing at California State University San Marcos. I have been
employed at CSUSM for 1.5 years after serving 10
years at San Diego State University.
Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name John Schwab
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Library Board of Trustees
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
NO
What is Your Vision for
Escondido?
To maintain and improve Escondido as a great place to
live and raise a family. Short term - ensure the Library renovation and temporary relocation offer patrons the
best possible service.
Long term - Support my rotary club's 5K fund raiser
Attachment "1"
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where nearly all the proceeds go to local non profits
and endeavors.
Develop a 12 year plan to enlarge our Library in
support of our growing city's needs.
Provide information in support of the Sales Tax
Oversight Committee.
What is Your Leadership
Style?
My leadership style depends upon the situation.
Collaborative, consultive and servant leadership are
primarily what I use. I was a science fraternity
president in college, a US Army Infantry platoon
leader, (Consultive as well as autocratic when
required) In the aerospace business, I managed work
groups ranging from 6 to 84 employees, where
developing effective relationships with other
departments and customers required lots of
collaboration, consultation and some visionary
techniques. In the volunteer world, there is much
more focus on respecting everyone's opinion and
listening to arrive at good outcomes.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
Six years as Library trustee, 7 years with Escondido
Sunrise Rotary, 4 years with the Escondido Community
Foundation, 8 years supporting the Rising Stars
Scholarships as a board member of the ECC
Charitable Foundation. Co-chair of the outreach sub
committee for the Measure I committee.
What is Your Vocation? Retired
Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name: Charlaine Vitarelli
Email Address:
Address:
City:
State:
Zip Code:
Phone Number:
Which Seat Are You Applying For? A seat on the Library Board Do You Live in the Incorporated Territory of Escondido? Yes Are You Registered to Vote in Escondido? Yes
What is Your Vision for Escondido? (Please describe your short- and long-term goals for the community.)
I like to promote Escondido as a wonderful place to live and raise a family. My children grew up here and attended school here. The Escondido Library was an integral part of our family life. We all continue to be avid readers. Short term I would continue to promote the city and to encourage its continued support of essential city services, its library, and the arts. Longer term, I would support activities that would expand city revenues and that would promote the city. I would also promote the expansion of the library and its services to the community.
What is Your Leadership Style? (Please describe your managerial style, decision-making process, and experience working on a team with varying opinions.)
As to leadership, I rely on my communication and listening skills. I like to build consensus and tend to view myself as part of a team.
What Civic, Non-Profit, Community and Professional Organizations Have You Served With? (Please list the organizations, how long you served and any leadership roles you held.) I was associated with the Escondido Arts Partnership for many years. I, specifically, worked with Poets, INC hosting readings and workshops and was one of the founders of their Summation collaboration between poets and artists. I also worked with the Escondido Public Library for several years with their annual teen poetry contest. More recently, I worked 4 years coordinating the Magee Park Poets writing workshop at the Carlsbad Public Library.
What is Your Vocation? (If retired, please list: "retired") “retired” Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name Benjamin Mann
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Public Art Commission
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
My short and long term goals both converge with my
ultimate goal to see Escondido continue to develop as
the Cultural and Arts hub of North County San Diego
and beyond. Short-term, I would strive to continue on
the path already set by the commission, fostering
Attachment "1"
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collaboration between Escondido based organizations
for the benefit of the community. Long-term, I would
like to see that grow into a structured arts district to assist with funding promotion for city-wide initiatives, reshaping how our community is viewed but
highlighting Escondido history and tradition. I would
love to see more collaboration between arts and
agriculture; I think there is uncaptured opportunity
there.
What is Your Leadership
Style?
My managerial style is structured, but offers flexibility while placing a lot of responsibility on my team. This
allows them opportunity for creative expression and
growth with a built-in support structure to ensure
project completion. I start by creating a workplan that compliments individual strengths, and encourages
growth in individual weaknesses. For projects that
specifically require my personal oversite, I tend to be
hands on, and lead by example. For Decision making, I
determine the Why, the What, and Who. Why are here;
e.g. what is our goal? What are we going to do to
achieve our goal? Who is our audience or
constituency, and how to we get them involved. Once
you have the framework for your plan, you build a data
driven budget and then it is a balancing act; Does this help achieve our Why? Does this fit within and is it the best use of our budget? e.g.; Utilizing financial data & objective goals as a guiding compass for
programmatic discissions.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
I have worked for the California Center for the Arts,
Escondido Foundation for the better part of thirteen
years. My current title is Director of Event Operations (Sept 2023) but I have operated in a managerial or
leadership positions since 2015. In the past I have also worked for the San Marcos Unified School District and
Attachment "1"
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volunteered with a number of Non-Profit organizations
such as Interfaith Community Services, Mission Hills
Players.
What is Your Vocation? I've been employed by the California Center for the Arts, Escondido, Foundation for the better part of 13
years, my current role is the Director of Event
Operations; I oversee theatre rentals, ticket office,
front of house, concessions, presented season, and
community events. I typical spend most of my time
facilitating collaboration with external groups and
creative endeavors such as program development. .
Attachment "1"
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collaborates to promote Escondido as a premier arts
destination. Recently, we have made significant
progress in public art; our award-winning Public Art
Strategic Plan has provided us with a roadmap and the
tools necessary to elevate our city’s status as an arts destination.
What is Your Leadership
Style?
My leadership style is hands-on and collaborative. I
am a team player who takes individual accountability
and enjoy working with diverse teams to achieve a
common goal. I conduct my own research and rely on
others who have expertise in areas where I may not be
as knowledgeable.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
Vice President of the Sacramento Area Travel Agent
Association (SATAA) 1998 - 2001
Continuous Improvement Network (CIN) - Co-Founder
/ Board Member 2011 - 2014
Museums and Arts Growing Escondido Culture
(MAGEC) Co-founder and Facilitator 2016 - present
Escondido Downtown Business Association, Board
Member 2019 – present
Esco Alley Art – Founding committee member 2021 to
present
Escondido Public Art Commission 2023 to present
Escondido Community Foundation Board Member
2024
North County Arts Network Board Member 2024
What is Your Vocation? In January 2024, I retired from Stone and Glass, an art studio and gallery. I am now a full-time advocate for
arts and culture in Escondido.
Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name Terri Ryan
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Public Art Commission
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
NO
What is Your Vision for
Escondido?
Can I just say my short-term goal is to continue to
serve Escondido with art that reflects the beauty
Escondido has to offer. My long-term goal, for
Escondido is to continue to research the uniqueness
of Escondido. Also to research Escondido’s history
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and express it in an art form. I want to receive more
input from the general public on what Escondido
means to them. Then, find ways to express it in an art
form. Also, I would like to involve the youth and
hopefully set up temporary murals that they can do
and be changed every three months with a new artist
in the downtown area.
What is Your Leadership
Style?
My leadership style is to seek out various opinions and discussing ideas within the team. Finally, presenting it to the public Art commission for final approval.
Hearing all opinions and making sure that the
presenter feels validated and heard is upmost
important to me. Accepting opinions that may be
different from mine is important to be heard, but
always keeping the goal in mind is the upmost
important important importance. I worked as a
community educator with Escondido youth encounter
for two years. We presented child abuse prevention
techniques to kindergarten, second grade and fourth
grade at two different school districts. We had to make contact with school principles and teachers and
present teacher workshops. Sometimes the program
was not popular and it was our responsibility to sit
down with the principal and discuss what resolving
their concerns was of the upmost importance. Also
had to work with the bloods and Crips court ordered
small groups for parenting guidance with their
newborn children. Also working with the court ordered
parenting classes for parents working with their
children and in a difficult situation.
What Civic, Non-Profit,
Community and
Professional
I have worked with the Escondido Discovery Museum
displaying art from public schools.. displaying art
projects from scarecrows from around the world. I
worked with the Orange County board of supervisors,
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Organizations Have You
Served With?
citizens, advisory, task force, Escondido, school
district committees, and the Perinatal task force
Orange County. This district wide safety committee for
Escondido elementary school District, student
support committee, Caddo and district wide safety
committee Escondido. Union school district.
What is Your Vocation? Retired special education, RSP para 14 years.
Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name Jonathan Day
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Transportation and Community Safety Commission
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
My vision for Escondido is quite simple--An affordable, opportunistic and prosperous city in which individuals, families, small and large businesses proudly choose to
live, work and play.
Attachment "1"
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Short-term Goals:
1. Accelerate the permit and regulatory review
processes for new business applicants in Escondido
2. Increased tenancy of downtown buildings via
incentives, including subsidies for city-mandated
renovations, a major hurdle for building owners who
choose not to or simply cannot lease their space
because either they or their prospective tenants
simply cannot afford these costs.
3. Approval for marijuana sales via granting of
dispensary permits and licenses
4. Beautification projects, including trash and debris
clean-up initiatives, as well as performing a makeover, including planting trees/foliage and other aesthetically pleasing features, of Centre City Pkwy between the 78
on ramp and 15 freeway entrance
Long-term Goals:
1. Redevelopment of CA Center for the Arts, via the
sale of the venue to a private company (or several),
and/or city funding. I would love to see the entire
venue used for private retail and vending of food/drink and other services. Why not attract more people to
spend more time at Grape Day Park while utilizing the
facilities to spend money, which increases tax revenue
and benefits everyone?
2. Attract well-known and in demand "big box stores"
to the East Valley district, which will naturally revitalize the area with increased commerce, jobs and other
Attachment "1"
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new businesses capitalizing on the increased flow of
people shopping and spending money in the area.
2. A homeless population of 0 by the end of 2028.
3. Robust marketing campaign to attract new
business, including large corporate
headquarter/manufacturing/research facilities, to
Escondido.
What is Your Leadership
Style?
As a leader, I believe first and foremost in a structured and robust training program to ensure the highest
probability of success for new employees. If I can't
teach them how to perform their duties and to a level I expect, how can I hold them accountable for not doing
so?
In addition, once training has ended and competency
proven, I have full confidence my team will perform to
the standards agreed upon, often exceeding them due
to ongoing training and support. No matter the age or
level of experience, at this point we are all
professionals and should be treated as such, meaning
I tend to be mostly hands off of their daily tasks--
unless I have to be, which really shouldn't happen
given, again, I have previously done all I could to set them up for success. This does not at all eliminate the need for accountability, a foundation for individual and team success, conducted via weekly meetings and
overall performance reviews. Essentially, my job as a
manager and leader is to cast a vision for success by
setting expectations and ensure those expectations
are met by offering guidance, support and even
assistance with certain tasks as needed.
Attachment "1"
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What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
Throughout the past 20 years, I have served our
community as a volunteer for several non-profit
organizations, including places of worship (Youth
Counselor for The Father's House Church in San
Marcos) and organizations such as Solutions for
Change and Las Valientes, both in Vista.
On the professional side, I have served as an active
member and ambassador for The Greater Escondido
Chamber of Commerce, as well as held leadership
positions for Business Networking International
Escondido. Unfortunately, the company I represented
in these roles ceased operations last November,
therefore I have not been involved in either since.
Currently, I am working with Escondido PD to become
a volunteer officer on a part-time basis.
What is Your Vocation? Hospitality Manager for Swamis Cafe Escondido
Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name David Cazares
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Transportation and Community Safety Commission
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
My vision for Escondido is that we have a safe city that is attractive to families and businesses. A big part of this is safe transportation. We all know that our city is crowded and there is a lot of traffic on the roadways - we need to do whatever we can to ease congestion
Attachment "1"
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and prevent traffic accidents (especially around our
businesses and schools). The short and long-term
goals are to constantly study the problem areas and
find ways to make our city safer.
What is Your Leadership
Style?
I am kind, respectful, and fair, and so I thrive on a team with varying opinions. In my current position, I have
been a team leader on numerous police operations,
including the serving of large search and arrest
warrants. I have always got the job done without any
problems. As far as my decision-making process, I am
very thoughtful and believe in doing research and
getting various opinions before taking action. My goal
is always to make the best decision possible.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
I've been a volunteer Site Representative for our
conservative police union for at least the last 10 years, and have been Team Leader for numerous police
operations (including search and arrest warrants). As
far as Civic, Non-Profit, and Community organizations,
this Transportation Commission would be my first (I
did apply for the Measure I Oversight Committee). But
I am retiring from State of California service on 5/01/25 and hope to give back to my community by
volunteering for other such positions.
What is Your Vocation? I am currently a criminal investigator for the State of California, Department of Insurance - Fraud Division.
My state job classification is Investigator, and my
working title is Detective. I have been in this position for over 19 years and will be retiring from state service effective 5/01/25. I hope to give back to the
community by volunteering for positions like this
Transportation Commission.
Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name Austin Denman
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Transportation and Community Safety Commission
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
My vision for the city of Escondido is one of growth and prosperity. I feel that by prioritizing sustainable growth, a forward-facing economy, and a proud, diverse
community of engaged citizens, there is a bright future ahead for this city. I believe that there is a high degree Attachment "1"
216
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of opportunity to attract new businesses and thereby
invest in Escondido’s local workforce. Escondido is
home to a diverse, hard-working group of people that
could greatly benefit from additional job opportunities
local to the city and I would love to see that facet grow.
It also seems like there is presently an opportunity to approach the issue of the unhoused population and
infrastructure improvements, which I acknowledge are
both quite daunting issues. I would greatly appreciate
the chance to help support a solution to these
problems (though I am sure there are already some
exceptional Escondido officials implementing a long-
term strategy).
As a member of the Transportation & Community
Safety Commission I would help identify and action
key areas for road improvements, ensure that any
concerns voiced by the local community are heard
and addressed, and promote initiatives to improve
areas of high safety concern. I would also help review
the current transportation strategy outlook, ensuring
the milestones and details are truly tailored for
Escondido’s future.
My wife Alyssa and I moved here about 3 years ago
when we bought our first home together without any
real connection to Escondido whatsoever. However,
upon exploring here prior to the move, we found a
beautiful town with a long and captivating history,
great culture that oftentimes reminds me of a friendly
small town, and beautiful landscapes that I never even
knew existed. For these reasons and more we have put
our family roots down and are excited to be raising our first child (due in June) here in Escondido. All this just to say: I am grateful to this city, I believe in its people, and I know the future is bright.
Attachment "1"
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What is Your Leadership
Style?
My leadership style is first and foremost Democratic. I
like to encourage others to voice their
thoughts/opinions and focus on a collaborative
consensus (as opposed to autocratic directives). I also adhere to a transformational leadership style by
inspiring through aspirational future visions. That is
how I feel about the future of Escondido. I hope to
cultivate and share that vision with others to gather
momentum for positive change.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
Unfortunately, I have not been very involved in Civic,
Non-Profit, or Professional Organizations during the
last few years. In my early teens, I would volunteer for local events in Anchorage, Alaska such as local
running events and our annual basketball tournament.
I have also worked in soup kitchens during college and
coached children’s martial arts classes for several
years in Los Angeles, solely to share knowledge and
enrich the community. I was in the Society of
Petroleum Engineers – Young Professionals
organization some years ago but no longer work in Oil
& Gas. More recently, I have been helping the small
church I joined here in Escondido by volunteering for
their events, providing any labor that requires heavy
moving, and other various tasks.
I would be eager for any potential suggestions to join
an applicable Escondido organization that fits the
criteria above.
What is Your Vocation? Currently, I am the Category Manager for Capital Expenditure (CapEx) at a company called
Commonwealth Fusion Systems. I oversee the
sourcing, procurement, supplier performance, spend,
and contracts for the CapEx category. Most commonly
these capital purchases are for large metal
fabrications/machined parts, dimensional inspection
Attachment "1"
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Item11.
equipment, automated production equipment, and
vehicles. Commonwealth Fusion is a leading start up
in nuclear fusion energy which could change the world
(not to be confused with “nuclear fission” which is a
very different and a much less safe/efficient process).
Commonwealth is on track to establish the first ever
commercially viable fusion plant by 2026.
My career background and education are in Supply
Chain Management, and I have held a variety of
different roles. The last several years my roles have all been at very fast paced start ups (including my current company).
Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name Thomas A Park
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Transportation and Community Safety Commission
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
Support growth in the the city. Enhance public safety.
Work to help solve the homeless problem.
Attachment "1"
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Item11.
What is Your Leadership
Style?
A Democratic management style that encourages
active participation from team members, seeking
input and feedback before making decisions.
My decision making process is based on a 7 step
process:
Define the problem
Gather information
Identify solutions
Evaluate options
Make a decision
Implement solution
Review the decision
I have been on a HOA board with opinionated
members. I have managed a project with developers
located in the United States, Europe, and India. I am
experienced working with cultural sensitivities.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
President of 90 home Las Palmas HOA for 10 years.
Member of Escondido Charitable Foundation
Supporter of the Alabaster Jar Project
What is Your Vocation? Retired Software Engineer
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BOARD AND COMMISSION APPLICATION
Name Bruce Rotter
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Transportation and Community Safety Commission
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
Stable finances
Attachment "1"
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Item11.
What is Your Leadership
Style?
In business - listen to my employees and make a
decision. I am ultimately responsible.
On boards - majority decision, push for my view if I
think it is correct
Chairman of the Board for alumni association, on
Board of Directors for condo association, on the Board
of Directors for homeowners association
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
National University Alumni, Condo association in La
Mesa, Homeowners association in Virginia, volunteer
work with Hadassah, did a build with Habitat for
Humanity, miscellaneous items when my girlfriend
worked at Qualcomm
What is Your Vocation? Director of Finance, X3 Management Services, 40 years?
Retire at the end of March 2025
Attachment "1"
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BOARD AND COMMISSION APPLICATION
Name David Cazares
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Planning Commission
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
My vision for Escondido is that we have a safe city that is attractive to families and businesses. A big part of this is safe transportation. We all know that our city is crowded and there is a lot of traffic on the roadways - we need to do whatever we can to ease congestion
Attachment "1"
224
Item11.
and prevent traffic accidents (especially around our
businesses and schools). The short and long-term
goals are to constantly study the problem areas and
find ways to make our city safer.
What is Your Leadership
Style?
I am kind, respectful, and fair, and so I thrive on a team with varying opinions. In my current position, I have
been a team leader on numerous police operations,
including the serving of large search and arrest
warrants. I have always got the job done without any
problems. As far as my decision-making process, I am
very thoughtful and believe in doing research and
getting various opinions before taking action. My goal
is always to make the best decision possible.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
I've been a volunteer Site Representative for our
conservative police union for at least the last 10 years, and have been Team Leader for numerous police
operations (including search and arrest warrants). As
far as Civic, Non-Profit, and Community organizations,
this Transportation Commission would be my first (I
did apply for the Measure I Oversight Committee). But
I am retiring from State of California service on 5/01/25 and hope to give back to my community by
volunteering for other such positions.
What is Your Vocation? I am currently a criminal investigator for the State of California, Department of Insurance - Fraud Division.
My state job classification is Investigator, and my
working title is Detective. I have been in this position for over 19 years and will be retiring from state service effective 5/01/25. I hope to give back to the
community by volunteering for positions like this
Transportation Commission.
Attachment "1"
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Item11.
BOARD AND COMMISSION APPLICATION
Name Sabrina Covington
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Planning Commission
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
As a candidate for the Escondido Planning
Commission, my vision for our city encompasses a
harmonious blend of preserving our rich history while
embracing sustainable growth and innovation. I aim to
focus on the following key areas.
Attachment "1"
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Item11.
1. Enhancing downtown Escondido with added
economic vitality, new business concepts, and
community engagement.
2. Supporting economic growth and diversity that
appeals to a broad demographic, enhancing
Escondido's appeal as a place to live, work, and invest .
3. Celebrating cultural heritage and arts culture by
supporting efforts to preserve our cultural landmarks
and promote new installations throughout the
community.
4. Ensuring thoughtful land use planning as well as
promoting sustainable development.
By focusing on these areas, I believe we can foster a
vibrant, sustainable, and inclusive future for
Escondido that honors our past while paving the way
for a prosperous tomorrow.
What is Your Leadership
Style?
As a candidate for the Escondido Planning
Commission, my leadership approach is centered on
collaboration, adaptability, and a forward-thinking
vision. I believe in:
Inclusive Decision-Making: Engaging with diverse
community stakeholders to ensure that planning
decisions reflect the needs and aspirations of all
residents.
Adaptive Leadership: Applying situational leadership
principles to adjust my approach based on the
specific context, task requirements, and the team's
dynamics. This flexibility ensures effective guidance
Attachment "1"
227
Item11.
and support in varying situations.
Visionary Planning: Fostering long-term, sustainable
development that balances growth with the
preservation of Escondido's unique character and
resources.
I am committed to leading with integrity, transparency, and a deep respect for the community's input, aiming
to contribute positively to Escondido's growth and
development.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
Community and Philanthropy:
I am deeply committed to community development,
actively supporting local businesses and organizations
that enhance the quality of life in my community. My
civic engagement includes partnering with multiple
nonprofits, including the San Diego Children’s
Discovery Museum, Interfaith Community Services,
North County Chamber of Commerce, and the
Downtown Business Association of Escondido.
I am a proud member of the Rancho Santa Fe Rotary
as well as the San Diego Nice Guys, one of the region’s oldest independent charities, dedicated to providing
short-term aid to individuals and families in need.
Embodying their motto, “A hand, not a handout, ”
Sabrina takes a hands-on approach, personally
assisting those facing hardship.
What is Your Vocation? Real Estate Agent/Broker for 23 years. Managing Broker of Covington & Associates and Hanson Realty
Attachment "1"
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Item11.
BOARD AND COMMISSION APPLICATION
Name Michael W Delaney
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Planning Commission
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
I believe much of the business growth in North county
is being swallowed up by San Marcos. I hope to
improve the small business environment in Escondido,
Attachment "1"
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Item11.
to ensure that our residents enjoy as much stability
and growth as can maximized.
What is Your Leadership
Style?
One of my favorite books about leadership is Team of
Rivals by Doris Kearns Goodwin. I believe a leader
must have the humility to know what they do and do
not know, and the openness to new ideas that can
allow somebody with a different expertise to offer their opinion, and prosper by it. Currently, I am managing a
group of 26 caller/canvassers in the South Bay, which
requires a certain degree of flexibility. I set broad
expectations, and I expect them to ask questions,
because if they follow orders and don’t ask any
questions, how can they know what the broad
objectives are? I believe in being proactive rather than reactive, and I have the humility to know when to
delegate or defer.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
Historic Preservation Commission (2022-24)
Building and Advisory Appeals Board (2023-present)
County Supervisor Joel Anderson Internship (present)
What is Your Vocation? BevMo (2023-present)
Junior Partner at Ares Strategic Consulting (June 22,
2024 - present)
Attachment "1"
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Item11.
BOARD AND COMMISSION APPLICATION
Name Austin Denman
Email Address
Address
City
State
Zip Code
Phone Number
Which Seat Are You
Applying For?
Planning Commission
Do You Live in the
Incorporated Territory of
Escondido?
Yes
Are you 18 Years or
Older?
Yes
Are You Registered to
Vote in Escondido?
YES
What is Your Vision for
Escondido?
Escondido? My vision for the city of Escondido is one
of growth and prosperity. I feel that by prioritizing
sustainable growth, a forward-facing economy, and a
proud, diverse community of engaged citizens, there is
a bright future ahead for this city. I believe that there is Attachment "1"
231
Item11.
a high degree of opportunity to attract new businesses
and thereby invest in Escondido’s local workforce.
Escondido is home to a diverse, hard-working group of
people that could greatly benefit from additional job
opportunities local to the city and I would love to see that facet grow. It also seems like there is presently an opportunity to approach the issue of the unhoused
population and infrastructure improvements, which I
acknowledge are both quite daunting issues. I would
greatly appreciate the chance to help support a
solution to these problems (though I am sure there are
already some exceptional Escondido officials
implementing a long-term strategy).
Serving on the Escondido Planning Commission offers
an opportunity to influence the city's growth and
development by reviewing and approving land use
proposals, such as subdivisions, conditional use
permits, and zoning changes. I would use the
opportunity to collaborate with the City Council to
shape policies that align with the city's General Plan, ensuring that new developments enhance the
community's quality of life. Members also play a key
role in public engagement, providing a platform for
residents to voice their perspectives on urban
planning decisions. If given the opportunity, I would
aim to foster a balanced approach to development
that supports Escondido's long-term vision and
sustainability.
My wife and I moved here about 3 years ago when we
bought our first home together without any real
connection to Escondido whatsoever. However, upon
exploring here prior to the move, we found a beautiful
town with a long and captivating history, great culture Attachment "1"
232
Item11.
that oftentimes reminds me of a friendly small town,
and beautiful landscapes that I never even knew
existed. For these reasons and more we have put our
family roots down and are excited to be raising our first child (due in June) here in Escondido. All this just to say: I am grateful to this city, I believe in its people, and I know the future is bright.
What is Your Leadership
Style?
My leadership style is first and foremost Democratic. I
like to encourage others to voice their
thoughts/opinions and focus on a collaborative
consensus (as opposed to autocratic directives). I also adhere to a transformational leadership style by
inspiring through aspirational future visions. That is
how I feel about the future of Escondido. I hope to
cultivate and share that vision with others to gather
momentum for positive change.
What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
Unfortunately, I have not been very involved in Civic,
Non-Profit, or Professional Organizations during the
last few years. In my early teens, I would volunteer for local events in Anchorage, Alaska such as local
running events and our annual basketball tournament.
I have also worked in soup kitchens during college and
coached children’s martial arts classes for several
years in Los Angeles, solely to share knowledge and
enrich the community. I was a member in the Society
of Petroleum Engineers – Young Professionals but no
longer work in Oil & Gas. More recently, I have been
helping the small church I joined here in Escondido by
volunteering for their events, providing any labor that requires heavy moving, and other various tasks.
I would be eager for any potential suggestions to join
an applicable Escondido organization that fits the
criteria above.
Attachment "1"
233
Item11.
What is Your Vocation? Currently, I am the Category Manager for Capital Expenditure (CapEx) at a company called
Commonwealth Fusion Systems. I oversee the
sourcing, procurement, supplier performance, spend,
and contracts for the CapEx category. Most commonly
these capital purchases are for large metal
fabrications/machined parts, dimensional inspection
equipment, automated production equipment, and
vehicles. Commonwealth Fusion is a leading start up
in nuclear fusion energy which could change the world
(not to be confused with “nuclear fission” which is a
very different and a much less safe/efficient process).
Commonwealth is on track to establish the first ever
commercially viable fusion plant by 2026.
My career background and education are in Supply
Chain Management, and I have held a variety of
different roles. The last several years my roles have all been at very fast paced start ups (including my current company).
Attachment "1"
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Item11.
KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP PROCLAMATION
5/14/2025
PROCLAMATION: ECONOMIC DEVELOPMENT WEEK - MAY 12-16, 2025 CONSENT CALENDAR - (D. SHULTZ) - THE CITY OF ESCONDIDO'S INVESTMENT POLICY CONSENT CALENDAR - (D. SHULTZ) - TREASURER’S INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2025 CONSENT CALENDAR - (C. MCKINNEY) - 2024 CALENDAR YEAR GENERAL PLAN ANNUALPROGRESS REPORT - It is requested that the City Council receive and file the 2024 Calendar Year General Plan Annual Progress Report CONSENT CALENDAR - (J. GOULART) - AWARD CONSTRUCTION CONTRACT FOR THE LIBRARY INFRASTRUCTURE IMPROVEMENT PROJECT CONSENT CALENDAR - (J. TENGER) - DONATION OF ONE SURPLUS FIRE ENGINE PUBLIC HEARING - (J. TENGER) - CONSIDER AN UNCODIFIED ORDINANCE ADOPTING THE STATE OF CALIFORNIA FIRE HAZARD SEVERITY ZONE (FHSZ) MAP PURSUANT TO GOVERNMENT CODE 51179
PUBLIC HEARING - (R. BANKS) - APPROVAL OF RENEWAL OF THE ESCONDIDO POLICE DEPARTMENT MILITARY ORDINANCE NO. 2025-02 APPROVING DEPARTMENT INSTRUCTION 1.55, MILITARY EQUIPMENT USE POLICY, IN ACCORDANCE WITH NEWLY ESTABLISHED STATE LAW REQUIREMENTS AS SET FORTH IN ASSEMBLY BILL NO. 481
RENT REVIEW BOARD PUBLIC HEARING - (C MCKINNEY) - SHORT-FORM RENT INCREASE APPLICATION FOR GREENCREST MOBILEHOME PARK (FILE NO. 0697-20-10351) - It is requested that the Rent Review Board conduct a public hearing, review and consider the Greencrest Mobilehome Park short-form application and adopt Rent Review Board Resolution No. RRB 2025-53
RENT REVIEW BOARD PUBLIC HEARING - (C MCKINNEY) - SHORT-FORM RENT INCREASE APPLICATION FOR EASTWOOD MEADOWS MOBILEHOME PARK (FILE NO. 0697-20-10350) - It is requested that the Rent Review Board conduct a public hearing, review and consider the Eastwood Meadows Mobilehome Park short-form application and adopt Rent Review Board Resolution No. RRB 2025-52 CURRENT BUSINESS - (C. HOLMES) - FY2024/25 THIRD QUARTER FINANCIAL STATUS REPORT - It is requested that the City Council receive and file the third quarter financial report for FY2024/25
WORKSHOP - (C.HOLMES) - USER FEE WORKSHOP - Report on the results of user fee activity in FY2024/25
235
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