Escondido City Council
May 14, 2025

Public Improvement Agreement (Contractor) - 1 - CAO: 8/26/2021

CITY OF ESCONDIDO

PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is made and entered into as of the last date of signature below (“Effective Date”),

Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Ed C Vasquez, Project Manager
760-546-3944
("CITY")

And: SWCS, Inc.
a California corporation
dba Southwest Construction Services Inc.
11653 Riverside Dr. Ste 153
Lakeside, CA 9204
Attn: Dan Smith
619-258-9944
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of work relating to the Library Infrastructure Improvement Project (“Project”), occurring on property located at 239 S.

Kalmia St ., Escondido, CA 92025 and having assessor’s parc el numbers (APN) 231-092-35-00 (“Property”), as further described herein.

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

1. Project Documents. The Notice Inviting Sealed Bids/Notice to Contractors, Instructions to Bidders, Bid Form, Designation of Subcontractors, Workers' Compensation Certificate, Change Orders, Shop Drawing Transmittals, Information Required of CONTRAC TOR, Non -collusion Affidavit, Insurance Certificates, Guarantees, General Conditions, Supplementary General Conditions, Special Conditions, Plans, Drawings, Specifications, the Agreement , and all modifications, addenda, and amendments thereto (“Project Documents”) are incorporated herein by this reference 164
Item8.

Resolution No. 2025-55
Exhibit “A”

Public Improvement Agreement (Contractor) - 2 - CAO: 8/26/2021 as if fully set forth herein. The Project Documents are complementary, and what is called for by any one shall be as binding as if called for by all.

2. Description and Performance of Work . CONTRACTOR shall furnish all work described in the Project Documents (“Work”). All Work to be performed and materials to be furnished shall be completed in a good workmanlike manner, free from defects, in strict accordance with the plans, drawings, specifications, and requirements set forth in the Project Documents and all provisions of this Agreement.

3. Compensation. In exchange for CONTRACTOR’s completion of the Work, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed the sum of $6,266,583.82 (“Contract Price”). CONTRACTOR shall be compensated only for performance of the Work described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.

4. Term and Time of Performance. CONTRACTOR shall commence work within one week from the CITY's notice to proceed. CONTRACTOR shall diligently perform and complete the Work with professional quality and technical accuracy by March 31, 2026 (“Completion Date”). Extension of terms or time of performance shall be subject to the CITY’s sole discretion.

5. Time Is of the Essence. If the Work is not completed by the Completion Date, it is understood that the CITY will suffer damage. It being impractical and infeasible to determine the amount of actual damage, in accordance with Government Code section 53069.85, the Parties agree that CONTRACTOR shall pay to the CITY as fixed and liquidated damages, and not as a penalty, the sum of $500 per day for each calendar day of delay until the Work is completed and accepted (“Liquidated Damages Amount”) . Th e Liquidated Damages A mount shall be deducted from any payments due to, or that become due to, CONTRACTOR. CONTRACTOR and CONTRACTOR'S surety shall be liable for the Liquidated Damages Amount.

6. Insurance Requirements.

a. CONTRACTOR shall pro cure and maintain , at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work, and the results of such Work, by CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:

(1) Commercial General Liability . Insurance Services Office (“ISO”) Form CG 0001 11188 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury (including emotional distress), sickness, disease, or death of any person other than the CONTRACTOR's employees , and personal and advertising injury, and damages because of injury or destruction of tangible property, including loss of use resulting there from, with limits no less than $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage; or, if a general aggregate limit is applicable, either: (i) the general aggregate limit shall specifically apply to the project identified in the bid specifications or to the location of such project which is the subject of these bid specifications with coverage to be no less than $3,000,000, or (ii) the general aggregate shall be at least $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage.

(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non -owned autos (Code 9), including damages 165
Item8.

Resolution No. 2025-55
Exhibit “A”

Public Improvement Agreement (Contractor) - 3 - CAO: 8/26/2021 because of bodily injury, death of a person, or property damage arising out of the ownership, maintenance, or use of a motor vehicle, all mobile equipment, and vehicles moving under CONTRACTOR’s control and engaged in the Work, with limits no less than $3,000,000 combined single limit per accident for bodily injury and property damage.

(3) Workers’ Compensation. Workers' Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

(4) Builder’s Risk/“All Risk” Insurance. The CONTRACTOR, during the progress of the Work and until final acceptance of the Work by CITY, shall maintain Builder's Risk/"All Risk," course-of-construction insurance satisfactory to CITY issued on a completed value basis of all WORK pursuant to this Agreement. Coverage is to provide extended coverage and insurance against vandalism, theft, malicious mischief, perils of fire, sprinkler leakage, civil authority, sonic boom, earthquake, collapse, flood, wind, lightning, smoke, riot, debris removal (including demolition), and reasonable compensation for the Engineer's services and expenses required as a result of such insured loss upon the Work, including completed Work and Work in progress to the full insurable value thereof. Such insurance shall include the CITY and the City Engineer as an additional named insured and any other person with an insurable interest designated.

(5) If CONTRACTOR maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR.

b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:

(1) Compliance with General Condition Requirements. Insurance coverage shall comply with and meet all requirements set forth in Article 5.2 of General Conditions

(2) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-:VII, or as approved by the CITY.

(3) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability additional insured endorsement shall be at least as broad as ISO Form CA 20 01.

(4) Primary Coverage. CONTRACTOR’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

(5) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. 166
Item8.

Resolution No. 2025-55
Exhibit “A”

Public Improvement Agreement (Contractor) - 4 - CAO: 8/26/2021

(6) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.

(7) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agr ees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation po licy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its agents, representatives, employees and subcontractors.

(8) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONTRACTOR shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.

(9) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.

c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time.

d. Special Risks or Circumstances. The CITY reserves the right, at any point dur ing the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

e. No Limitation of Obligations. The insurance requirements within this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligati ons otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions within this Agreement concerning indemnification.

f. Compliance. Failure to comply with any of the insurance requirements in this Agreement , including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. Compliance by CONTRACTOR with the requirement to carry insurance and furnish certificates, policies, A dditional Insured Endorsement and Declarations Page evidencing the same shall not relieve the CONTRACTOR from liability assumed under any provision of this Agreement, including, without limitation, the 167
Item8.

Resolution No. 2025-55
Exhibit “A”

Public Improvement Agreement (Contractor) - 5 - CAO: 8/26/2021 obligation to defend and indemnify the CTY and the Cit y Engineer. In the event that CONTRACTOR fails to comply with any insurance requirement set forth in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) o rder CONTRACTOR to stop Work under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Indemnification, Duty to Defend, and Hold Harmless.

a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONTRACTOR’s (including CONTRACTOR’s agents, empl oyees, and subcontractors, if any) Work pursuant to this Agreement or its failure to comply with any of its obligations contained herein, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.

R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any Work performed pursuant to this Agreement.

c. All terms and provisions within this Section 7 shall survive the termination of this Agreement.

8. Bonds.

a. CONTRACTOR shall furnish and deliver to the CITY, simultaneously with the execution of this Agreement, the following surety bonds:

(1) Faithful Performance Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for faithful performance of this Agreement.

(2) Labor and Materials Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for payment to persons performing labor and furnishing materials in connection with the Project.

b. All bonds furnished to the CITY pursuant to this Agreement shall be in the form set forth herein and approved by the City Attorney.

c. All bonds shall be executed by sureties that are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.

168
Item8.

Resolution No. 2025-55
Exhibit “A”

Public Improvement Agreement (Contractor) - 6 - CAO: 8/26/2021 d. If the surety on any bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, the CONTRACTOR shall, within seven days thereafter, substitute another bond and surety, which must be acceptable to the CITY. No portion of the Work shall be performed without bonds, in a form and issued by a surety acceptable to the City. If one or more of such bonds shall, at any time, not be in full force and effect, CONTRACTOR shall immediately cease performance of the Work until CONTRACTOR is in full compliance with the bon ding requirements of this Agreement and California law. All delays and costs incurred or resulting from such occurrence shall be to the exclusive account of CONTRACTOR. Failure of the CONTRACTOR to promptly cure any failure to have the necessary bonds in full force and effect shall be grounds for immediate termination of this Agreement.

e. All bonds shall be obtained from surety companies that are duly licensed or authorized in the State of California. Such surety companies shall also meet any additional requirements and qualifications as may be provided in the Supplementary General Conditions.

9. Substitution of Securities . This Agreement is subject to California Public Contract Code section 22300, which permits the substitution of securities for any monies w ithheld by the CITY to ensure performance of this Agreement . At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY, or with a state - or federally- chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR. Upon satisfactory completion and acceptance of the W ork, such securities shall be returned to the CONTRACTOR.

10. Contractor Default. In the event CONTRACTOR, fo r a period of 10 calendar days after receipt of written demand from the CITY to do so (“Cure Period”), fails to furnish tools, equipment, or labor in the necessary quantity or quality required by this Agreement, or fails to prosecute the Work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within the Cure Period, fails to continue to do so, then the CITY in its sole discretion may exclude the CONTRACTOR from the Property, or any portion thereof, and take exclusive possession of the Property or any portion thereof, together with all material and equipment thereon, and may complete the Work or any portion of the Work, either by (i) furnishing the necessary tools, equipment, labor, or materials; or (ii) letting the unfinished portion of the work, or any portion t hereof, to another contractor; or (iii) demanding the surety hire another contractor ; or (iv) any combination of such methods. The CITY’s procuring of the completion of the Work, or the portion of the Work taken over by the CITY, shall be a charge against the CONTRACTOR and may be deducted from any money due or to become due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of such charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment if CONTRACTOR fails to pay in full any such cost incurred by the CITY. The permissible charges for any such procurement of the completion of the Work include actual costs and fees incurred to third party individuals and entities (including but not limited to consultants, attorneys, inspectors, and designers) and actual costs incurred by the CITY for the increased dedication of time of the CITY’s employees to the Project.

11. Other Legal Requirements Incorporated. Each and every provision of law and clause required by law to be inserted in this Agreement or its attachments shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though such law or clause were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party, the Agreement shall forthwith be physically amended to make such insertion or correction, without further changes to the remainder of the Agreement. 169
Item8.

Resolution No. 2025-55
Exhibit “A”

Public Improvement Agreement (Contractor) - 7 - CAO: 8/26/2021

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

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

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

15. Amendment. This Agreement shall not be amended except in a writ ing signed by the CITY and CONTRACTOR, and pursuant to action of the Escondido City Council.

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

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

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

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

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

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

22. Compliance with Laws, Permits, and Licenses . CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, o rdinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. This shall include, but shall not be limited to, all California Labor Code laws regarding payment of prevailing wages and all OSHA regulations. CONTR ACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the work under this Agreement. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section. 170
Item8.

Resolution No. 2025-55
Exhibit “A”

Public Improvement Agreement (Contractor) - 8 - CAO: 8/26/2021

23. Prevailing Wages and Department of Industrial Relations Compliance. Pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages, including but not limited to the keeping of certified payroll records, overtime pay, employment of apprentices, and workers' compensation coverage, as further set forth in the General Conditions.

CONTRACTOR shall file the required workers' compensation certificate before commencing work under this Agreement . This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the req uirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

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

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

26. Award and Execution: Execution of the contract includes providing the CITY with all required bonds, evidence of insurance coverage, or any other documentation required by the contract.

CONTRACTOR shall execute the contract within 5 days after being notified in writing of contract award, contractor shall commence construction within 5 days after a Notice to Proceed, and shall complete all the work and improvements within 330 Calendar days excluding holidays and with work permitted on Saturdays.

27. Grant Funding. The Parties acknowledge agree and understand that the services provided under this Agreement shall be paid for in full or in part by California State Library's Building Forward Grant Funds (“Grant”) which are administered by the California Library Develo pment Services Bureau.

Accordingly, CONTRACTOR shall comply with all applicable laws, regulations, executive orders, policies, procedures, and directives relating to such Grant funds, including but not limited to all applicable provisions of the Grant Agr eement between the CITY and the California State Library dated March 9, 2023, which is attached hereto as Attachment A and incorporated herein by this reference.

(SIGNATURE PAGE FOLLOWS)
171
Item8.

Resolution No. 2025-55
Exhibit “A”

Public Improvement Agreement (Contractor) - 9 - CAO: 8/26/2021 IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Dane White, Mayor

SWCS, Inc.

Dba Southwest Construction Services Inc.

Date: __________________ ___________________________________ Signature

___________________________________
Name & Title (please print)

___________________________________
Contractor's License No.

___________________________________
Tax ID/Social Security No.

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.

172
Item8.

October 19, 2022
Joanna Axelrod
Deputy City Manager/Director of Communications & Community Services City of Escondido
201 N. Broadway
Escondido, CA 92025
Subject: Building Forward, Library Infrastructure Grant

ESCONDIDO PUBLIC LIBRARY
Escondido Public Library
Grant No. BF-1-21-019
Dear Joanna Axelrod:

This letter confirms the California State Library's award of $10,000,000 in Building Forward grant funds to the City of Escondido for the Escondido Public Library Critical Infrastructure and Modernization Project at the Escondido Public Library . These grant funds are intended to be used toward the project components detailed in the Intent to Fund letter dated September 12, 2022, and on the last page of this letter.

The State Library has also reviewed and approved your request for a 100% reduction in the required local match contribution for your project. Per your application and the requirements set forth in SB 129 (2021), the City of Escondido will contribute $0 toward the project. Match funds are subject to the same restrictions as grant funds; may not be spent on any unallowable costs; and must be spent during the grant period at the same rate as grant funds.

This grant is governed by the Grant Agreement and Certification of Compliance. These documents, along with the first allocation claim form, will be sent separately to your organization's authorized representative by email through DocuSign and they must be signed using the DocuSign system.

The following supporting documents are also required and must be submitted through the State Library's online grant portal at: https://webportalapp.com/sp/buildingforward:
• Final Project Budget
• Final Project Implementation Plan
Library - Courts Building
P O Box 942837
Sacramento , CA 94237-0001
916-323-9759
csl-adm@library .ca.gov
www.library.ca.gov
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
173
Item8.

Building Forward Library Infrastructure Grant Program
BF-1-21-019

• A resolution from the grantee organization's governing body approving acceptance of grant funds and designating an Authorized Representative allowed to enter into agreements on behalf of the organization
• If applicable: A letter from the grantee organization 's Chief Financial Officer, Finance Director, or equivalent confirming availability of matching funds (Required for all grantees contributing local match funds.) • If applicable: A current facility lease with a term extending at least ten years after the end of the grant period. (Required for all projects involving leased buildings.) The City of Escondido will receive $5,000,000 of the award following the submission and approval of all required documents . The remaining funds will be made available following the grantee's completion of the requirements outlined in the Grant Agreement and Certification of Compliance document included in the Award Packet, and in accordance with the payment schedule.

Please complete and submit all supporting documents within 30 days of receipt of this letter. Contact your grant monitor if you are not able to provide all documentation by that time.

The State Library grant monitor for this project is Kevin Webb. Your grant monitor can be reached by email at [email protected] or phone at (916) 603-6707. Your grant monitor will be available to assist you throughout your grant period.

Hard copies of this correspondence will not follow. Please keep the entirety of this correspondence for your files and consider these award materials as your original documents.

Best wishe4 for a succ sful project.

Resper t yours,
~
G re![L""ueas
Calif\je Librarian
Library - Courts Building
P O Box 942837
Sacramento , CA 94237-0001
916-323-9759
[email protected]
www.library.ca.gov
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
174
Item8.

Building Forward Library Infrastructure Grant Program
BF-1-21-019

Enclosures: Grant Agreement (for reference only)
Final Project Budget Form and List of Unallowable Costs Final Project Implementation Plan Form
Sample Authorizing Resolution
CC: Kevin Webb
Annly Roman
Reed Strege
State Library Fiscal Office
Library - Courts Building
P O Box 942837
Sacramento . CA 94237-0001
916-323-97 59
csl-adm@library .ca.gov
www .library.ca .gov
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
175
Item8.

THE BASICS - YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.

Grant#: BF-1-21-019
On::ianization: City of Escondido
Library: ESCONDIDO PUBLIC LIBRARY - Escondido Public Library Project Title: Escondido Public Library Critical Infrastructure and Modernization Project
Grant Award Amount: $10,000,000
Local Match Amount: $0
Total Project Budr:iet: $10,000,000
Grant Period Start Date: Upon execution of Grant Aqreement Grant Period End Date: No later than March 2026
Approved Uses (Outputs): Replace Roof
Replace HVAC System
Replace Windows
ADA Restroom Upgrade
Interior Renovation for Service Improvement
Please understand that it can take from six to eight weeks after a completed claim form with no errors has been received before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

REPORTING
The City of Escondido is required to provide financial and narrative reports throughout the grant period as outlined in the Grant Agreement and Certificate of Compliance. A final financial and narrative report will be due within 30 days after the project is complete. Grantees will also be required to provide updates throughout the grant period upon request. Progress documentation (e.g. photos or video of grant-funded work) will be required with each report. Reports should be submitted to your grant monitor.

PAYMENTS
Grant payments will be made based on the payment schedule specified in the Grant Agreement.

Ten percent (10%) of the full grant award will be withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant terms and conditions. Note: This 10% is separate from the project contingency (if one was included in the budget).

GRANT MONITOR CONTACT
We want your project to be successful. Please work with your grant monitor throughout implementation of your project.

Grant Monitor: Kevin Webb
Email Address: [email protected]
Phone Number: (916) 603-6707
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
176
Item8.

STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
177
Item8.

City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

TABLE OF CONTENTS
PROJECT SUMMARY 2

PROCEDURES AND REQUIREMENTS
A. Term of the Agreement 3
B. Scope of Work 3
C. Budget Detail 3
D. Narrative and Financial Reports 4
E. Claim Form and Payment 5
EXHIBIT A: TERMS AND CONDITIONS 7
EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS 22
EXHIBIT C: CERTIFICATION AND COMPLIANCE FORM 28
A. Certification 32
EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES 34

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PROJECT SUMMARY
Award Agreement between the California State Library and City of Escondido for the ESCONDIDO PUBLIC LIBRARY - Escondido Public Library project.

AWARD AGREEMENT NUMBER BF-1-21-019
This Award Agreement (“Agreement”) is entered into on the date of execution of the agreement by and between the California State Library (“State Library”) and City of Escondido (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded project at the ESCONDIDO PUBLIC LIBRARY - Escondido Public Library.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $10,000,000 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until March 31, 2026. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on March 31, 2026, and all grant project costs must be incurred by this date.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee’s submitted application and award packet.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the activities specified in the Grantee’s award packet documentation. The Grantee shall request the distribution of grant funding consistent with the approved project budget incorporated herein, and according to the payment schedule DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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specified in this Agreement. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the State Library, using the sample report documents provided by the State Library. Visual documentation (e.g. still or video photography) will be required as part of each Narrative Report.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
Project start date
– March 2023
Financial Reports Due May 1, 2023
April 2023 -June
2023
Financial Reports, Expenditure Detail, and
Narrative Reports Due
July 31, 2023
July 2023 –
September 2023
Financial Reports Due October 31, 2023
October 2023-
December 2023
Financial Reports, Expenditure Detail, and
Narrative Reports Due
January 31, 2024
January 2024-
March 2024
Financial Reports Due April 30, 2024
April 2024 -June
2024
Financial Reports, Expenditure Detail, and
Narrative Reports Due
July 31, 2024
July 2024–
September 2024
Financial Reports Due October 31, 2024
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October 2024-
December 2024
Financial Reports, Expenditure Detail, and
Narrative Reports Due
January 31, 2025
January 2025-
March 2025
Financial Reports Due April 30, 2025
April 2025 -June
2025
Financial Reports, Expenditure Detail, and
Narrative Reports Due
July 31, 2025
July 2025–
September 2025
Financial Reports Due October 31, 2025
October 2025-
December 2025
Financial Reports, Expenditure Detail, and
Narrative Reports Due
January 30, 2026
January 2026-
March 2026
Final Financial, Narrative, and Expenditure
Reports Due
April 30, 2026

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment

1. The State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outlined in this document have been met, and only for those activities and costs specified in the approved award packet documentation.

2. The Grantee shall complete, sign, and submit the Certification of Compliance form (Exhibit C) and the Financial Claim form (included in your award packet), to the State Library within 30 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to the Grantee organization, please contact the grant monitor regarding alternate options.

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3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% will be withheld and retained by the State Library (if applicable) until all conditions agreed upon in this Agreement have been satisfied.

7. Prompt Payment Clause
The State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

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EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project materials are not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the State Library shall be acknowledged in all promotional materials and publications related to the ESCONDIDO PUBLIC LIBRARY - Escondido Public Library Project. a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:

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“Funding provided by the State of California.”
This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. c. California State Library Logo: Use of the State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
d. Project Photography: Photographs and videos are a great way to document your project. If obtaining still or video photography featuring members of the public, Grantees should obtain a photo release form. Grantees may use their organization’s image release form, or contact the State Library grant monitor for a sample image release form.

3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable Law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant monitor or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

City of Escondido
Joanna Axelrod
201 N. Broadway
Escondido, CA 92025
[email protected]
(760) 839-4871

California State Library
Kevin Webb
900 N Street
Sacramento, CA 95814]
[email protected]
(916) 603-6707

1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns, and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the State Library pursuant to this section. Also, the State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance and approval of the final report by State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt of the Notice of Dispute, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:

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a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the project funded through this Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the State Library and Grantee.

10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

12. Failure to Perform: The grant being utilized by the Grantee is to benefit the ESCONDIDO PUBLIC LIBRARY - Escondido Public Library Project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withheld.

13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

14. Force Majeure: Neither the State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the State Library any funds improperly expended.

16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A and B) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

19. Grantee: The government or legal entity to which a grant is awarded and which is accountable to the State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application, and award agreement and accompanying documentation submitted. The grantee will keep such records and afford such access as the State Library may find necessary to assure the correctness and verification of such reports.

20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant project. In the event an audit should determine that grant funds are owed to the State Library, the Grantee is responsible for repayment of the funds to the State Library.

21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.

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23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

24. License to Use: The State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third-party rights. All such usages will be for public library and State governmental purposes:

a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

25. Limitation of Expenditure: Expenditure for all projects must conform to the Grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the State Library to the Grantee under this Agreement shall not exceed $10,000,000 and shall be expended/encumbered in the designated award period.

During the award period, the Grantee may find that the approved budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the State Library to implement such article.

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

28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (Email): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the State Library Grants Management System, a notification will be sent to the last email address of the recipient known to the party giving notice. Notice is effective upon transmission.
d. Personally: When delivered personally to the Grantee’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to Grantee’s address as stated in this Agreement.

29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Implementation Plan, and Budget, DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).

Grantee’s State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s approved outputs from the submitted application (including Budget and Implementation plan submitted as part of the required award documents)
g. All other attachments hereto, including any that are incorporated by reference.

30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Implementation Plan submitted as part of the required award documents. The State Library shall provide funding to the Grantee for only the work and tasks specified in the list of approved outputs at only those costs specified in the Budget submitted as part of the required award documents and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Implementation Plan in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Implementation Plan, approved project outputs, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
c. The Grantee shall request funds in accordance with the funding schedule included in this Agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.

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e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in the Procedures and Requirements.

31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.

33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

34. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the State Library.

36. Public Records Act: Material maintained or used by the State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.

Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

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37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.

39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other State Library funded program.

41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The Grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The Grantee shall be responsible for submitting to the State Library Financial Reports reflecting Grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder, the Grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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mentioned dates for payment, and the State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. d. The final 10% of the grant award (if applicable) is payable only upon approval of all reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the Grantee for the project in the following manner:
1)
$5,000,000 upon the receipt and approval, by the State Library, of the submission of all required documents as stated in the award letter; execution of the agreement, certification, and claim form by the Grantee organization.
2) The second payment in the amount of $4,000,000 after the submission and approval of the January 31, 2024 report and receipt, by the State Library, of a completed claim form unless:
i. The grantee needs the funding prior to the January date in order for the project to progress. To obtain funding prior to January 31, 2024, the grantee must provide documentation to the grant monitor demonstrating effectively either (a) that the first award payment has been spent, or (b) why the second installment is needed in advance of the scheduled payment. ii. The grantee’s January 31, 2024, financial report demonstrates that they have not spent any of their initial payment. The second payment will be held until the Grantee demonstrates effectively that their project is moving forward and additional funding is needed.
3) A final payment in the amount of
$1,000,000 will be made upon
submission and approval of the final interim grant report and financial claim form.

42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

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43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

44. Site Visits: The Grantee shall allow the State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, providing technical assistance when needed, and visiting the State funded project.

45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this Agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the Budget and the implementation plan included therein are part of the Agreement.

47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.

48. Waiver of Rights: The State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by State Library. No delay or omission on the part of State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by State DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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Library of a provision of this Agreement shall not prejudice or constitute a waiver of State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between the State Library and Grantee, shall constitute a waiver of any of State Library’s rights or of any of Grantee’s obligations as to any future transactions. Whenever the consent of State Library is required under this Agreement, the granting of such consent by State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of the State Library.

49. Work Products: Grantee shall provide the State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.

The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS

1. California Building Codes: Activities funded under this Agreement, regardless of funding source, must be in compliance with all applicable California Building Codes (Cal Code Regs., Title 24).

2. California Environmental Quality Act: Activities funded under this Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.).

Information on CEQA may be found in the California State Clearinghouse Handbook.

3. Changes in a project: Any proposed change in the project requested by the Grantee, which would change the information provided during the application process, requires approval from the State Librarian prior to execution. The State Librarian shall have the sole authority to determine if a proposed change by the Grantee is approved or not approved. The State Librarian's decision is final and binding.

4. Compliance with Laws; Consents and Approvals: Grantee will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies having jurisdiction over either the Grantee, the Property, or the project, and with all applicable directions, rules and regulations of the Fire Marshal, health officer, building inspector and other officers of any such government or agency. All permits, consents, permissions and licenses required by any federal, state or local government or agency to which Recipient, the Property, or the Infrastructure Project is subject, which may be necessary in relation to this Agreement, development, construction or ownership of the Infrastructure Project, at or prior to the commencement of construction, have been, or will be, obtained, and none of such consents, permissions and licenses are subject to appeal or to conditions which have not been met.

5. Contractors and Subcontractor: For the performance of all construction work on the Project, Grantee agrees to use a licensed general contractor or contractors (“Contractor”), in good standing, in order to complete the work described in the grant application. The Grantee hereby certifies that the Contractor is in good standing with the California State Contractors' License Board. The Grantee shall only DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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contract with contractors who are licensed and shall ensure that the Contractor and any successor thereto shall only contract with subcontractors, that are also so licensed.

6. Contractor Insurance/Bond: Grantees shall be responsible for ensuring that any contractors/subcontractors hired for grant-funded work have all relevant bonds and insurance in place in compliance with prevailing wage and other applicable state and federal laws, the Department of Industrial Relations, and the Department of Consumer Affairs Contractors State License Board requirements.

Insurance:
a. Casualty Insurance
i. The Contractor shall procure and maintain insurance on all of its operations with companies acceptable to the State as follows:
1) The Contractor shall keep all insurance in full force and effect from the beginning of the work through contract acceptance.
2) The Contractor shall maintain completed operations coverage with a carrier acceptable to the State through the expiration of the patent deficiency in construction statute of repose set forth in Code of Civil Procedure Section 337.1.
b. Workers’ Compensation and Employer’s Liability Insurance i. In accordance with Labor Code Section 1860, the Contractor shall secure the payment of worker's compensation in accordance with Labor Code Section 3700.
ii. In accordance with Labor Code Section 1861, the Contractor shall submit to the Grantee the following certification before performing the work:
1) I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. iii. Contract execution constitutes certification submittal. iv. The Contractor shall provide Employer's Liability Insurance in amounts not less than:
1) $1,000,000 for each accident for bodily injury by accident 2) $1,000,000 policy limit for bodily injury by disease 3) $1,000,000 for each employee for bodily injury by disease v. If there is an exposure of injury to the Contractor's employees under the U.S.

Longshoremen's and Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.

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c. General Liability Insurance
i. The Contractor shall carry General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf of the Contractor providing insurance for bodily injury liability and property damage liability for the following limits and including coverage for:

A. Premises, operations, and mobile equipment
B. Products and completed operations
C. Broad form property damage (including completed operations) D. Explosion, collapse, and underground hazards
E. Personal injury
F. Contractual liability
ii. The Contractor shall not require certified Small Business subcontractors to carry Liability Insurance that exceeds the limits in Section (d)(i), "Liability Limits/Additional Insureds," of these specifications. The maximum required Liability Insurance limits in Section (d)(i), "Liability Limits/Additional Insureds," of these specifications shall apply to certified Small Business subcontractors for work performed on the project, regardless of tier. The provisions of Section (d)(i), "Liability Limits/Additional Insureds," shall be included in all subcontracts for all tiers.

Public works construction projects, as defined in Labor Code Section 1720 et seq, must meet prevailing wage requirements. California law requires that workers are not paid less than the general prevailing rate of per diem wages on public works projects.
d. LIABILITY LIMITS/ADDITIONAL INSUREDS
i. The limits of liability shall be at least the amounts shown in the following table:

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Construction
Contract
Amount 4
For Each
Occurrence1
Aggregate for
Products/
Completed
Operation
General
Aggregate2
Umbrella or
Excess
Liability3
≤$1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 >$1,000,000
≤$15,000,000

$1,000,000

$2,000,000

$2,000;000

$10,000,000
>$15,000,000
≤$25,000,000

$2,000,000

$2,000,000

$4,000,000

$15,000,000
>$25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000

1. Combined single limit for bodily injury and property damage.

2. This limit shall apply separately to the Contractor's work under this contract.

3. The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. "Construction Contract Amount" is the total amount of the construction contract all or a portion of which is funded with Building Forward Grant funds.

7. Delay: Grantee shall promptly notify the State Library in writing of any event causing delay or interruption of the project beyond the scheduled implementation plan timeline. The notice shall specify the work delayed and the cause and period of each delay.

8. Documentation: Grantees shall provide to the State Library photographic documentation of the project site prior to the start of the project, during the project, and upon completion of the project.

9. Grantee’s Responsibility: Grantee and its representatives shall:
a. Faithfully and expeditiously perform or cause to be performed all project work as described in the application, timeline/activities, and budget submitted by the Grantee.
b. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in relation to the grant funds.
c. Comply with all applicable California laws and regulations. d. Implement the project in accordance with applicable provisions of the law. e. Fulfill their obligations under the Agreement and be responsible for the performance and completion of the project.
f. Follow all applicable local, state and/or federal laws pertaining to the expenditure of funds.

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g. Retain any bid, contracts, and any other pertinent documentation. Likewise, all local, state, and federal permits required for construction projects must be acquired by the grantee and retained for a period of five (5) years after the end of the grant period.

10. Inspection of the Project: The State Library shall have the right to inspect the project during the grant term. Grantee shall deliver to the State Library any inspection reports prepared, to the extent available to the Grantee. Inspection of the project shall be for the sole purpose of protecting the State of California’s interest and is not to be construed as a representation by the State Library that there has been compliance with plans or that the project will be free of faulty materials or workmanship. The Grantee can make or cause to be made such other independent inspections as the Grantee may desire for its own protection.

11. Interest: Any interest earned on grant funds held by the Grantee shall be contributed to the ESCONDIDO PUBLIC LIBRARY - Escondido Public Library Project.

Interest funds cannot be used as local matching funds.

12. Maintenance and Operation: The Grantee is responsible for ensuring that grant projects funded by the State of California are maintained and operated in the same condition as when the project was completed; normal wear and tear is accepted.

Maintenance and operations standards should be adopted upon completion of the project.

13. Matching Funds: Per the Budget Act of 2021 (Chapter 69, Statutes of 2021, Item 6120-161-0001 1d) Grantees shall be required to match state funds on a dollar-for- dollar basis. The State Library may reduce the amount of required matching funds if the requesting local library jurisdiction can demonstrate that it is eligible and financially unable to provide the required matching funds. Upon receipt and assessment of a reduction request, the State Library may lower the match requirement, as follows:
a. For each library with local operating include per capita (LIPC) of more than $40, no reduction in local match is allowed
b. For reach library with an LIPC between $40 and $15.01, the local match may be reduced by half.
c. For each library with an LIPC of $15 of less, the local match may be eliminated.

14. Permits, Licenses, Approvals, and Legal Obligations: Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project(s). Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental, procurement, and safety laws, rules, regulations, DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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and ordinances. Grantee shall be prepared to provide copies of permits and approvals to the State Library should the State Library request copies.

15. Relationship of Parties: If applicable, Grantee is solely responsible for design, construction, and operation and maintenance of projects within the project application and implementation plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement.

16. Use of Funds: Grantee agrees that the grant funds shall be expended only in accordance with the applicable statutes and Grant Guidelines governing the Program, and only for the purposes and activities set forth in this Agreement and the Grantee’s approved outputs, budget, and implementation plan completed as part of the award packet documentation. The grant funds shall be used exclusively for the payment of, or reimbursement for, approved costs as shown in the project budget completed as part of the award packet documentation or the amended budget as approved in writing by the State Library. Such payment of costs to be made only after the costs have been incurred by the Grantee. “Approved Costs” shall mean all hard and soft eligible costs under the project (and modifications thereto), which were approved, or will be approved by the State Library, which are needed for the completion of the project, in accordance with application.

17. Use of site: The facility, or the part thereof, acquired, constructed, or remodeled, upgraded, or rehabilitated with funds received as part of the Building Forward grant program will be dedicated to public library service and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period.

18. Withdrawal of a Project: If it is determined by the grant recipient that a project cannot be completed within the scope of the approved application, the project may be withdrawn by the Grantee prior to the completion of fifty percent of the project. Upon withdrawal of a project, all unspent funding must be returned to the State Library along with a completed detailed expenditure form showing how any unreturned funds were spent.

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EXHIBIT C: CERTIFICATION OF COMPLIANCE FORM

1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to implement this grant-funded project.

I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

I certify that any or all other participants or contractors in the grant-funded project have agreed to the terms of the Award Agreement and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this project from the funds awarded for the activities and services described in the attached award packet, as approved and/or as amended by the California State Librarian.

I certify that I have reviewed and understand the list of unallowable costs and that my project does not contain any of the unallowable costs listed.

The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this project, to include the requirements listed below in this Certification of Compliance Form.

2. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $10,000,000. This award will fund library facility improvements as set forth in the list of approved outcomes, Implementation Plan and Budget as approved and/or as amended by the California State Librarian.

3. The authorized representative, on behalf of the Grantee, hereby certifies that City of Escondido will provide a cash match in the amount of $0. The matching funds (if applicable) will be expended during the grant period at the same rate as the state- provided grant funds.

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4. The authorized representative, on behalf of the Grantee, hereby certifies that the project property, or a part thereof, will be dedicated to public library services and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period.

5. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).

6. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

7. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):

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a. No o
fficer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e)).

8. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

9. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

10. RESOLUTION: A county, city, district, or other local public body must provide the State Library with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

11. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

12. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government- wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug-free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

13. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all project staff, will ensure all project materials will meet California accessibility standards.

14. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with all California non-discrimination laws.

15. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with California State Library acknowledgement requirements.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Joanna Axelrod
[email protected] 760-839-4871
11/28/2022
City of Escondido
201 N. Broadway Escondido, CA 92025
Deputy City Manager
[email protected]
Joanna Axelrod
760-839-4871
Attachment "1"
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City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHROIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:

Printed Name of Person Signing: Title: California State Librarian DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B 201 N. Broadway Escondido, CA 92025
Joanna Axelrod Deputy City Manager
City of Escondido
11/28/2022
Greg Lucas
3/9/2023
Attachment "1"
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City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx

Mileage:

Rate subject to change
$0.585 per mile – approved business/travel expense
Meals:

Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.

Hotel:

Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.

Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

AIRLINE TICKETS:

Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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November 1, 2022

RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine

Dear Grantee,

You are receiving this notification because you currently have an active grant through the California State Library.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

Annly Roman
Grants and Bureau Operations Manager
California State Library
900 N Street
Sacramento, CA 95814

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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Building Forward
Round 1
Grant Monitor Checklist

• Final Project Budget

• Final Project Implementation Plan

• Resolution from the grantee organization’s governing body approving acceptance of grant funds and designating an Authorized Representative allowed to enter into agreements on behalf of the organization

• Grant Agreement and Certification of Compliance

If required based on specific project

• A letter from the grantee organization’s Chief Financial Officer, Finance Director, or equivalent confirming availability of matching funds (Required for all grantees contributing local match funds.)

• A current facility lease with a term extending at least ten years after the end of the grant period. (Required for all projects involving leased buildings.)

All relevant documents received and approved by Kevin Webb.

_______________________________
Grant Monitor Signature

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Attachment "1"
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CALIFORNIA STATE LIBRARY FINANCIAL CLAIM Infrastructure – Building Forward 1st PAYMENT

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By

(Signature of the Authorized Representative)

(Print Name) (Title)

*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

If you are not using DocuSign electronic signature to submit your claim, please complete the following:

EMAIL A SCANNED COPY:
[email protected]

MAIL ONE ORIGINAL SIGNATURE TO:

California State Library
Fiscal Office –State Funded Programs
PO Box 942837
Sacramento, CA 94237-0001

State of California, State Library Fiscal Office

ENY: 2021 ITEM NO: 6120-161-0001, Chapter 84, Statutes of 2021 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312

By Date
(State Library Representative)

Grant Award #: BF-1-21-019 Date:

Invoice #:

BF-1-21-019-01 PO #:

Payee Name: City of Escondido

(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $5,000,000.00 Type of Payment:

Payable Upon Execution of Agreement ☒ PROGRESS
Grantee Name: City of Escondido ☐ FINAL
(Name on Award Letter and Agreement) ☐ IN FULL
Project Title: Escondido Public Library ☐ AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B 201 N. Broadway Escondido, CA 92025
11/28/2022
Deputy City ManagerJoanna Axelrod
3/9/2023
5346
Attachment "1"
215
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  
 
State of California
Financial Information System for California (FI$Cal)

GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiscal.ca.gov
1-855-347-2250
The principal purpose of the information provided is to establish the unique identification of the government entity.

Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the form to sign prior to submittal. You may email the form to: [email protected], or fax it to (916) 576-5200, or mail it to the address above.

Principal
Government
Agency Name
Remit-To
Address (Street
or PO Box)
City
Government Type:

State Zip Code+4
County Federal
Employer
City
Special District Federal Identification
Other (Specify) Number
(FEIN)
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California.

Dept/Division/Unit Complete
Name Address
Dept/Division/Unit Complete
Name Address
Dept/Division/Unit Complete
Name Address
Dept/Division/Unit Complete
Name Address
Contact Person Title
Phone number E-mail address
Signature Date
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B

Attachment "1"
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STAFF REPORT

May 14, 2025
File Number 0150-20

SUBJECT

DONATION OF ONE SURPLUS FIRE ENGINE

DEPARTMENT
Fire

RECOMMENDATION
Request the City Council to approve the donation of a surplus fire engine to Palomar College Foundation for training purposes.

Staff Recommendation: Approval (Fire: John Tenger, Fire Chief) Presenter: John Tenger, Fire Chief
ESSENTIAL SERVICE – No
COUNCIL PRIORITY –

FISCAL ANALYSIS
The value of this vehicle, if sold at auction, is approximately $10,000 - $15,000.

PREVIOUS ACTION
None

BACKGROUND
The partnership between the Palomar College Fire Academy and the North Zone Fire Departments, including Escondido Fire Department, dates back nearly 40 years. Palomar College's Fire Academy offers a comprehensive Firefighter I Academy program, including practical skills training, theoretical knowledge, and physical fitness development, all aligned with the requirements of the Califor nia Office of State Fire Marshal. The program prepares students for a career in fire suppression and protection, leading to certifications from the California State Fire Marshal's Office. Now retired, several former members of the Escondido Fire Department attended the very first academy in the late 1980’s and 1990’s.

Today, the Palomar College Fire Academy continues to produce high -quality trainees, graduating nearly 40 candidates each semester. The partnership between the college and local fire departments, including 217
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the Escondido Fire Department, occurs on multiple levels. Many department members serve as instructors at the academy, sharing real-world experience and technical expertise directly with students.

This ongoing collaboration helps ensure that n ew graduates are well -prepared to meet the demands of the fire service and strengthens the regional fire service network overall.

As part of this ongoing collaboration, the Escondido Fire Department requests City Council’s approval to donating a surplus fire engine to Palomar College. This donation will enhance hands -on learning opportunities for students by providing access to real apparatus for training purposes, further strengthening the pipeline of well-prepared, service-ready firefighter candidates.

The apparatus in question is a 1999 KME fire engine (VIN 1K9AF4281XN058992) with 144,751 miles. It has been officially removed from active service and is now classified as surplus property by the City’s Fleet Services Division. Based on current market rese arch and comparable sales, the estimated value of the engine at public auction is approximately $10,000 to $15,000.

The donation of the surplus fire engine to the Palomar College Foundation represents a meaningful investment in the training and developmen t of future firefighters. It reflects the Escondido Fire Department’s ongoing commitment to regional collaboration, workforce readiness, and public safety. By supporting the hands-on training capabilities of the Palomar College Fire Academy, this donation not only extends the useful life of the apparatus but also strengthens the pipeline of skilled, well -prepared candidates entering the fire service.

The City and the Palomar College Foundation will enter into a Donation Agreement and Release and Waiver, executed by the City Manager, to document that the donation is “as -is” and provide clarity that the City has no further obligations or liabilities with respect to the vehicle in a form approved by the City Attorney.

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STAFF REPORT

May 14, 2025
File Number 0680-10

SUBJECT

CONSIDER AN UNCODIFIED ORDINANCE ADOPTING THE STATE OF CALIFORNIA FIRE HAZARD SEVERITY ZONE (FHSZ) MAP PURSUANT TO GOVERNMENT CODE 51179

DEPARTMENT
Fire

RECOMMENDATION
Request the City Council adopt Ordinance 2025-03 designating Fire Hazard Severity Zones in accordance with the Office of the State Fire Marshal update and Government Code 51179.

Staff Recommendation: Approval (Fire: John Tenger, Fire Chief) Presenter: La Vona Koretke, Deputy Fire Marshal
ESSENTIAL SERVICE – Yes, internal requirement in support of Fire/EMS Services COUNCIL PRIORITY –Improve Public Safety

FISCAL ANALYSIS
There are no identified fiscal impacts if an ordinance is adopted.

PREVIOUS ACTION
None

BACKGROUND
The Office of the State Fire Marshal (“OSFM”) released updated Fire Hazard Severity Zone maps for Local Responsibility Areas (“LRAs”). The update changes the acreage in the two higher hazard tiers, which may require updates to building and local planning requirements for the City.

Amended by Assembly Bill No. 211, Government Code Section 51179 requires that a local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178. Further, the local agency shall transmit a copy of an ordi nance adopted pursuant to the State Board of Forestry and Fire Protection within 30 days of adoption.
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The zones are designated in three categories: moderate, high, and very high. Cal Fire’s fire scientists and wildfire mitigation experts developed the map using a science-based and field-tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior. Many factors are considered such as fire history, existing and potential fuel (natural vegetation), predicted f lame length, blowing embers, terrain, and typical fire weather for the area.

It should be noted that Fire Hazard Severity Zone (“FHSZ”) maps evaluate “hazard,” not “risk”. They are like flood zone maps, where lands are described in terms of the probability level of a particular area being inundated by floodwaters, and not specifically prescriptive of impacts. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50 -year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction.

With the adoption of the FHSZ, there will be new requirements to be implemented by the City, some of which will impact new development depending on the severity zone. Chapter 7A of the California Building Code "Materials and Construction Methods for Exterior Wildfire Exposure" and hazard disclosures will apply to all properties within the High and Very High Severity Zones. In addition, for those in the Very High Severity Zone; defensible space landscape requirements will also be required.

Government Code Section 51179 also requires local jurisdictions to publish and support public comments within 30-days of receiving the maps. The City has complied by posting the map on the Cit y website for community members to view and post their comments.

ORDINANCES
a) Ordinance No. 2025-03
b) Ordinance No. 2025 -03—Exhibit “A” —Local Responsibility Area Fire Hazard Severity Zones Map

ATTACHMENTS

a) Attachment “1”—2024 Fire Hazard Severity Zone FAQ’s
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ORDINANCE NO. 2025-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, ADOPTING THE 2025 FIRE

HAZARD SEVERITY ZONE MAP AS RECOMMENDED BY

THE CALIFORNIA STATE FIRE MARSHAL

The City Council of the City of Escondido, California does ordain as follows:

WHEREAS, Government Code § 51178 requires the California State Fire Marshal to identify and recommend areas within the state as moderate, high, or very high fire hazard severity zones based on consistent statewide criteria; and
WHEREAS, the State of California, through the Office of the State Fire Marshal, has developed maps of Fire Hazard Severity Zones ( “FHSZ”) within the State Responsibility Area consistent with its obligations under Government Code § 51178; and
WHEREAS, pursuant to Government Code § 51179, local agencies are required to adopt the fire hazard severity zone designations within 120 days of receiving the recommendations from the State Fire Marshal; and
WHEREAS, the City of Escondido is within a Local Responsibility Area and is required to designate and adopt the map of the FHSZ by ordinance; and
WHEREAS, on March 24, 2025, the City of Escondido received the 2025 FHSZ identifying designated zones within the City’s jurisdiction; and
WHEREAS, the specific map for the City of Escondido and surrounding area is attached to this ordinance and incorporated herein as Exhibit “A” and is also available on the City’s public website at: Fire Severity Zone | Escondido, CA; and
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WHEREAS, the City of Escondido has made the FHSZ map available for public review, provided proper public notice in accordance with state law, and held a public hearing on May 14, 2025, to receive public input; and
WHEREAS, the City of Escondido finds that the adoption of Exhibit “A” hereto is in the interests of public safety, supports fire prevention and mitigation efforts, and ensures compliance with applicable state law; and
WHEREAS, the City of Escondido has not reduced or altered the fire hazard severity designations established by the State Fire Marshal , and this adoption is consistent with the model ordinance requirements by the State Fire Marshal.

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

SECTION 1. That the above recitations are true.

SECTION 2. Adoption of 2025 FHSV Map and Designation of Fire Hazard Severity Zones. The areas designated as Moderate, High, and Very High Fire Hazard Severity Zones on the map attached as Exhibit “A” to this Ordinance, as released by the California Office of the State Fire Marshal, are hereby adopted without alteration and designated as Fire Hazard Severity Zones under California Government Code § 51179.

SECTION 3. Public Hearings. Proper notices of a public hearing have been given and public hearings have been held before the City Council on this issue. 222
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SECTION 4. This ordinance shall take effect and be in full force and 30 days after its final passage and adoption at its second reading. After its adoption, City staff shall submit the ordinance to the State Board of Forestry and Fire Protection or as otherwise provided by state law.

SECTION 5. ENVIRONMENTAL REVIEW. This 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.

SECTION 6. SEVERABILITY. This ordinance shall be liberally construed to achieve its purpose and preserve its validity. 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 affe ct the validity of the remaining portions.

SECTION 7. The City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.
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City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and Fire Pr
otection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
ha
ve been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is e
xpected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Mar
shal to identify areas in the state as moderate, high,
and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:75,000 at 1
1" x 17"
0 1 2 3 4 5 6Km
0 1 2 3Mi
Very High High Moderate
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified b
y the State Fire Marshal
Escondido
15 E Valley Pkwy
S Centre City Pkwy
Ce
ntre
City Pkwy
78 UNINCORPORATED
SAN DIEGO CO.

UNINCORPORATED
SAN DIEGO CO.

POWAYSAN DIEGO

SAN DIEGO

SAN MARCOS
March 24, 2025
As Identified by the
S
tate Fire Marshal
Local Responsibility Area
Fire Hazard Se
verity Zones
CITY OF ESCONDIDO – SAN DIEGO COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Ef
fective April 1, 2024
Ordinance No. 2025-03
Exhibit "A"

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• What is a “Fire Hazard Severity Zone,” or FHSZ?
o Answer: Public Resource Code 4202; The State Fire Marshal shall classify lands within state responsibility areas into fire hazard severity zones. Each zone shall embrace relatively homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been identified by the department as a major cause of wildfire spread. Government Code 51178; The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
• Why are fire hazard severity maps being updated?
o Answer: The hazard maps are being updated to more accurately reflect the zones in California that are susceptible to wildfire. The hazard mapping process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ratings.
• What do Fire Hazard Severity Zones measure?
o Answer: The Fire Hazard Severity Zone map evaluates “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a particular area being inundated by floodwaters, and not specifically prescriptive of impacts. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction.
• Where do Fire Hazard Severity Zones apply?
o Answer: Fire Hazard Severity Zones are found in areas where the state has financial responsibility for wildfire protection and prevention, called the State Responsibility Area.

More than 31 million acres are in this area. Under Senate Bill 63 (Stern, 2021) Government Code 51178 was amended to add the Moderate and High Fire Hazard Severity Zones with the Very High in local jurisdictions.
• What are the uses of Fire Hazard Severity Zones?
o Answer: The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are F

REQUENTLY
A
SKED
Q

UESTIONS
A
BOUT
:

202
4 Fire Hazard Severity Zon
es
F
ire Hazard Severity Zones Explained

Attachment "1"
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required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan.

• Is there an easy way to determine the Fire Hazard Severity Zone of my property? o Answer: You can search by address to find your current designation on the web at:
osfm.fire.ca.gov/FHSZ

• What are the key elements of the Fire Hazard Severity Zone model? o Answer: The fire hazard severity model for wildland fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather conditions.

The zones reflect areas that have similar burn probabilities and fire behavior characteristics. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather , and potential fuel over a 50-year period.

Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands. FHSZs are not a structure loss model, as key information regarding structure ignition (such as roof type, etc.) is not included.

• How do the Fire Hazard Severity Zone Maps differ from California Public Utilities Commission (CPUC) High Fire Threat District Maps?
o Answer: The California Public Utilities Commission (CPUC) sponsored map, known as "CPUC High Fire Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC HFTD Map is designed specifically for identifying areas where there is an increased risk for utility associated wildfires. As such, the CPUC map includes fire hazards associated with historical powerline-caused wildfires, current fuel conditions, and scores areas based on where fires start, as opposed to where potential fires may cause impacts.

• Why is my property in a different zone than the adjacent area, which looks similar? o Answer: In non-wildland areas, zone edges occur based on distance to the wildland edge.

Because hazard in these areas is largely determined by incoming embers from adjacent wildland, urban areas that are similar in vegetation type and housing density may have a change in FHSZ class as the distance to the wildland edge increases. Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to wildland edge increases.

In wildland areas, zone edges are a result of the way zones are delineated. Specifically, zones represent areas of similar slope and fuel potential. Zone boundaries divide zones based on geographic and vegetation features that align with fire hazard potential; although, at a local scale, it may appear that the immediate area is similar on both sides of the edge. The class value within a zone is based on the average hazard score across the whole zone, so areas that are in the same zone but not immediately adjacent to a local area can have an influence on the final zone classification.

Data Related Questions

• How are Fire Hazard Severity Zones determined?
o Answer: CAL FIRE used the best available science and data to develop, and field test a model that served as the basis of zone assignments. The model evaluated the probability of Attachment "1"
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the area burning and potential fire behavior in the area. Many factors were included such as fire history, vegetation, flame length, blowing embers, proximity to wildland, terrain, and weather.
• What new data will be included in the new model, and how does this differ from the previous model?
o Answer: A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model will adjust fire intensity scores based on the most extreme fire weather at a given location, considering temperature, humidity, and wind speed. In addition, ember transport is being modeled based on local distributions of observed wind speed and direction values instead of using a generic buffer distance for urban areas adjacent to wildlands.
• What is the difference between the various Fire Hazard Severity Zones? o Answer: Classification of a wildland zone as Moderate, High or Very High fire hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. In wildlands, hazard is a function of modeled flame length under the worst conditions and annual burn probability. Both these factors generally increase with increasing hazard level, but there may be instances where one value is Very High and the other is low, pushing the overall hazard into a more intermediate ranking. On average, both modeled flame length and burn probability increase by roughly 40-60% between hazard classes. Classification outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings. • Why does the model place an emphasis on the spread of embers? o Answer: Embers spread wildfire because they can travel long distances in the wind and ignite vegetation, roofs, attics (by getting into vents), and decks.

State Regulated Area Questions
• When were the maps last updated?
o Answer: The Office of the State Fire Marshal began the regulatory process for the State Responsibility Area (SRA) in December 2022, the final maps were adopted on January 31, 2024, and became effective April 1, 2024.
• What is “State Responsibility Area," or SRA?
o Answer: SRA is a legal term defining the area where the state has financial responsibility for wildland fire protection and prevention. Incorporated cities and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire prevention and suppression.

There are more than 31 million acres in SRA, with an estimated 1.7 million people and 800,000 existing homes.
• How is state responsibility area determined?
o Answer: The Board of Forestry and Fire Protection (Board) classifies land as State Responsibility Area. The legal definition of SRA is found in the Public Resources Code Section 4125. The Board has developed detailed procedures to classify lands as State Responsibility Area. Lands are removed from SRA when they become incorporated by a city, change in ownership to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire. While some lands are removed from SRA automatically, the Board typically reviews changes every five years.

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• What Fire Hazard Severity Zones are in State Responsibility Area? o Answer: All of the State Responsibility Area is in a Fire Hazard Severity Zone. Lands are either ranked as Moderate, High or Very High Fire Hazard Severity Zones. • What are the wildland urban interface (WUI) building codes in State Responsibility Area? o Answer: The WUI building codes (California Building Code (CBC) Chapter 7A) reduce the risk of embers fanned by wind-blown wildfires from igniting buildings. The codes for roofing, siding, decking, windows, and vents apply throughout all state responsibility area regardless of the fire hazard severity ranking. Ember-resistant building materials can be found at: https://osfm.fire.ca.gov/divisions/fire-engineering-and- investigations/buildingmaterials-listing/
• Is the GIS data for Fire Hazard Severity Zones available for download? o Answer: The data inputs used to develop the Fire Hazard Severity Zones are identified in the Initial Statement of Reasons (ISOR) Title 19 Development (ca.gov). CAL FIRE has developed an additional data package which consists of sequential modeling steps, including any data inputs that were not already publicly available and referenced in the ISOR. The data package encompasses 34 spatial datasets and 8 tables, provided in raster, polygon, and table format. These datasets are formatted for Esri ArcGIS software, except for four tables provided in Excel. Ten of the datasets are updated versions used to produce an edited SRA FHSZ map following the public comment period that ended April 4, 2023.

Upon formal adoption of the FHSZ map, the final SRA FHSZ geospatial data file will become available. The data package is available on the FHSZ website Fire Hazard Severity Zones (ca.gov) under the science and methods banner.
• Why do waterbodies have a Fire Hazard Severity Zone Classification? o Answer: All areas in State Responsibility Area, including water bodies, require a fire hazard severity zone designation. The 2007 FHSZ maps zoned all water as moderate by default. In the 2023 FHSZ model we added a buffer of FHSZ from the surrounding wildland into water bodies to account for potential threat of embers to buildings on docks and house boats, as well as variation in reservoir height that occurs with drought.

Local Regulated Area Questions
• What is “Local Responsibility Area”, or LRA?
o Answer: Local Responsibility Areas (LRA) are incorporated cities, urban regions, agriculture lands, and portions of the desert where the local government is responsible for wildfire protection. This is typically provided by city fire departments, fire protection districts, counties, and by CAL FIRE under contract.
• When did Fire Hazard Severity Zones start in Local Responsibility Area? o Answer: The “Bates Bill” (AB 337), Government Code Section 51175, was prompted by the devastating Oakland Hills Fire of 1991. This mid-1990s legislation calls for CAL FIRE to evaluate fire hazard severity in local responsibility area and to make a recommendation to the local jurisdiction where very high FHSZs exist. The Government Code then provides direction for the local jurisdiction to take appropriate action. • How are Fire Hazard Severity Zones determined in local responsibility areas? o Answer: CAL FIRE uses an extension of the state responsibility area Fire Hazard Severity Attachment "1"
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Zone model as the basis for evaluating fire hazard in Local Responsibility Area. The Local Responsibility Area hazard rating reflects flame and ember intrusion from adjacent wildlands and from flammable vegetation in the urban area.

• What are the requirements for landowners in FHSZs in local responsibility areas? o Answer: California’s WUI building codes (CBC Chapter 7A) apply to the design and construction of new buildings located in High and Very High FHSZs in Local Responsibility Areas. Local ordinances may require ignition resistant construction for remodel projects.

Check with your local building department to determine which ignition resistant building codes apply to your project. In addition, Government Code Section 51182 calls for defensible space clearance and other wildland fire safety practices for buildings. Owners are also required to make a natural hazard disclosure as part of a real estate transfer. For information regarding “home hardening” and defensible space clearance, visit www.ReadyForWildfire.org.

• Does the designation of Very High Fire Hazard Severity Zones in the Local Responsibility Area trigger the 100-foot clearance requirement?
o Answer: Yes, per Government Code 51182 unless a local government has passed a more stringent requirement, the 100-foot defensible space clearance applies. For information regarding “home hardening” and defensible space clearance, visit www.ReadyForWildfire.org.

• How does CAL FIRE assist Local Governments in Fire Hazard Severity Zones? o Answer: CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local governments by providing fire safety expertise on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans.

• What is the process for developing Fire Hazard Severity Zones in the Local Responsibility Area? o Answer: CAL FIRE uses the same modeling data that is used to map the State Responsibility Area. The map, along with a model ordinance, are then sent to the governing body for adoption.

• How are the new Fire Hazard Severity Zones impacting development? o Answer: Many of the changes expanding fire hazard severity zones in local responsibility areas (LRA) have been supported by the building industry. CAL FIRE works closely with the building industry when setting various building codes and defensible space requirements, so we are working together to not affect development itself but to make sure development matches the hazards of that area.

• When will the Local Responsibility Area Map be released? o Answer: The Local Responsibility Area Map Process will happen after the State Responsibility Area process has been completed, which is estimated to occur in the winter of 2025.

• Why haven’t Moderate and High Fire Hazard Severity Zone classes been classified before in the Local Responsibility Area?
o Answer: New legislation, Senate Bill 63 (Stern, 2021), now requires the adoption of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adoption in Local Responsibility Areas.

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Insurance Related Questions

• Will the new Fire Hazard Severity Zones affect my ability to get or maintain insurance? o Answer: Insurance companies use risk models, which differ from hazard models, because they consider the susceptibility of a structure to damage from fire and other short-term factors that are not included in hazard modeling. It is unlikely that insurance risk models specifically call out CAL FIRE Fire Hazard Severity Zones as a factor, but much of the same data that is used in the fire hazard severity zone model are likely included in the insurance companies’ risk models. However, insurance risk models incorporate many additional factors and factors that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10+ years.

Resources, Additional Information, and Contact Information

• To find the current FHSZ designation for a property, visit FHSZ Map Viewer (ca.gov).

• Helpful links:
o FHSZ Website:
▪ osfm.fire.ca.gov/FHSZ

o FHSZ Map Viewer:
▪ FHSZ Map Viewer (ca.gov)

• Contacts for FHSZ for Public Questions:
o (916) 633-7655
o [email protected]

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STAFF REPORT

May 14, 2025
File Number 0110-10

SUBJECT

APPROVAL OF THE ESCONDIDO POLICE DEPARTMENT MILITARY EQUIPMENT REPORT AND ADOPTION OF ORDINANCE NO. 2025-02

DEPARTMENT
Police Department

RECOMMENDATION
Request the City Council adopt Ordinance No. 2025 -02 approving the Escondido Police Department Annual Military Equipment Report in accordance with state law requirements as set for in Assembly Bill No. 481 (AB 481).

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

FISCAL ANALYSIS
There are no additional costs associated with this state requirement.

PREVIOUS ACTION
Ordinance No. 2024 -04 was reviewed, adopted and approved by the City Council on April 17,2024; Ordinance No. 2022-07 was reviewed, adopted and approved by the City Council on April 20, 2022, and renewed by City Council on May 10, 2023.

BACKGROUND
Establishment of AB 481
On September 30, 2021, Governor Newsom approved AB 481 to require, beginning May 1, 2022, a law enforcement agency to seek approval to fund, acquire, and use military equipment as defined in the law. 231
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Assembly Bill 481 added three sections to the California Government Code statutes to address the use of military equipment by a local police force. California Govt. Code section 7070 broadly defines military equipment to include items that are commercially available products. The military equipment used by the Department is commonly used by other law enforcement agencies, may be available for sale to the general public, and helps the Department keep the community safe.

California Govt. Code section 7071 provides the requirements for a military use policy and a n annual review by the City Council. The City Council must determine a military use policy demonstrates that:
a. The equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. The policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. c. If purchasing the equipment, it must be reasonably cost effective compared to the available alternatives that can achieve the same objective of officer and civilian safety. d. Prior military equipment use complies with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military use policy, corrective action taken to remedy the nonconforming uses and ensure the future compliance.

The Escondido Police Department is committed to using the most up -do-date tools and equipment to safeguard the community. Equipment now defined as “military equipment” has been used by the Department and other law enforcement agencies across the country on a daily basis. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to a higher level of force including a lethal force encounter . To that end, the items at issue in this report, and accompanying military equipment use police, also provide the Department’s peace officers with vital tools that facilitate compliance with the Department’s stringent use of force policy. For example, Escondido Police officers have face d gun fire from suspects for prolonged incidents which required the use of armored/ballistic vehicles to protect officers and community members. The protection with ballistic equipment allows for more time and opportunity to attempt to de -escalate situations and provide for safer tactics to resolve life threatening events in the safest way possible to both officers and community members.

California Govt. Code section 7072 requires an annual military equipment report. In an effort to promote community engageme nt, the Department posted the Military Equipment Use Policy on its internet website on April 1, 2025, and conducted a public meeting on May 1, 2025 at 6 p.m. in the Mitchell Room at City Hall; no community members attended the public meeting.

How the Police Department Uses AB 481 Equipment to Help the Community  The Escondido Police Department utilizes military equipment in its mission to protect the community through exceptional police service.
 This equipment is acquired with careful consideration and intention. 232
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 It is acquired and authorized when there is no reasonable alternative that can achieve officer and civilian safety.
 AB 481 provides important public information and input regarding how military equipment is funded, acquired, and used.

Escondido Police Department (EPD) Military Equipment Includes:

Escondido Police Departments’ Commitment to the Community The Escondido Police Department has received no complaints regarding the acquisition and use of military equipment since Ordinance No. 2024-04 was adopted by City Council last year.

All military equipment will be used in accordance with general and, when appr opriate, specific Department Instructions. The Department Instruction on Use of Force provides overarching guidance and specific orders for all Department police officers including:

Law enforcement officers shall be guided by the principle of reverence for human life in all investigative, enforcement, and other contacts between officers and members of the public. When officers are called upon to detain or arrest a suspect who is uncooperative or actively resisting, may attempt to flee, poses a danger to others, or poses a danger to themselves, they should consider tactics and techniques that may persuade the suspect to voluntarily comply or may mitigate the need to use a higher l evel of force to resolve situation safely. The highest priority of California law enforcement is safeguarding the life, dignity, and liberty of all persons, with prejudice to anyone. Every person has a right to be free from excessive use of force by officers acting under color of law.

The acquisition and use of military equipment is intended to avoid the use of force whenever possible and when authorized, to use the least amount of force necessary.

EPD has the following items: EPD does NOT have the following items:
 Drones
 Robotic Platform
 Incident Command Vehicles
 Armored Personnel Carriers
 Breaching Equipment
 Patrol and SWAT Rifles
 Flashbangs
 Long Range Acoustic Device
 40mm Launchers
 Mine-resistant ambush-protected
vehicles (MRAP)
 Humvees
 Tracked armored vehicles
 Weaponized aircraft, vessels, or
vehicles
 Firearms or ammunition of .50
caliber or greater
 Firearms designed to launch
explosive projectiles
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Your action today, to adopt Ordinance No. 2025-02 an approve the Escondido Police Department Annual Military Equipment Report in accordance with state law requirements as set forth in AB481, will allow the Police Department to continue using this vital equipment in its mission to protect the community.

ORDINANCES
a) Ordinance No. 2025-02
b) Ordinance No. 2025 -02—Exhibit “A” —Escondido Police Department Instruction 1.55, Military Equipment Use policy; including Appendix A and Exhibit 1 (Revised March, 2025)

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ORDINANCE NO. 2025-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING AND ADOPTING

THE ESCONDIDO POLICE DEPARTMENT MILITARY

EQUIPMENT USE POLICY

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 to regulate the use of military equipment by law enforcement agencies; and

WHEREAS, Assembly Bill 481, codified at California Government Code section 7070 et seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and

WHEREAS, California Government Code section 7070 defines the terms “military equipment” and establishes the minimum requirements for a “military equipment use police;” and

WHEREAS, California Government Code section 7071 requires the governing body determine, prior to approving a military equipment use policy, the following:

a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
c. If purchasing equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment 235
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use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and

WHEREAS, California Government Code section 7071 also requires a law enforcement agency make the proposed policy available on the agency’s internet website 30 days prior to a public hearing concerning military equipment and shall commence the governing body approval process by May 1, 2022; and

WHEREAS, the Escondido Police Department (“Department”) published the initial Department Instruction 1.55, Military Equipment Use Policy, on the Department’s internet website on March 14, 2022; and

WHEREAS, the Escondido Police Department, consistent with Government Code section 7072, posted the proposed renewed Military Equipment Use Policy, attached and incorporated herein as Exhibit “A,” on its internet website on March 31, 2025, and conducted a public meeting event on the proposed renewed policy in the Mitchell Room at City Hall on May 1, 2025.

NOW, THEREFORE, The City Council of the City of Escondido, California does ordain as follows:

SECTION 1. That the recitals set forth above are true and correct and are incorporated as though fully set forth herein.

SECTION 2: Proper notices of a public hearing have been given and public hearings have been held before the City Council on this issue.

SECTION 3. The City Council has duly reviewed and considered all evidence submitted at said hearings, including, without limitation:

a. Written information;
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b. Oral testimony for City staff, interested parties, and the public;

c. The current staff report dated May 14, 2025, which along with their attachments incorporated herein by this reference as though fully set forth herein; and

d. Additional information submitted during the Public Hearing.

SECTION 4. The City Council makes the following specific findings:

a. The City Council acknowledges the Department’s Use of Force Policy affirms, “The highest priority of California Law Enforcement is safeguarding the life, dignity, and liberty of all persons, without prejudice to anyone.”

b. The equipment included in the Department’s Military Equipment Use Policy are commonly used by Law Enforcement Agencies throughout the country to protect and serve the community as safely and efficiently as possible.

c. The equipment identified in t he proposed Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

d. The proposed Military Use Equipment Policy will safeguard the public’s welfare, safety, civil right and civil liberties.

e. The military equipment identified in the proposed Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
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f. Prior military equipment used by the Department complied with the Military Equipment Use Policy that was in effect at the time.

g. The Department shall, within budgetary constraints, acquire, fund and use replacement consumable supplies at levels listed as Authorized quantities in the Military Equipment Use Policy to allow timely and cost-effective resupply of necessary equipment and supplies.

h. The Department shall, within budgetary constraints, replace old, broken, obsolete, worn, or damaged equipment, one for one, so long as the replacement equipment provides similar uses, characteristics and capabilities, and will not significantly change or impact the public’s welfare, safety, civil rights or civil liberties.

i. The Department shall seek and apply for local, state, or federal funding, typically grants, and shall continue the traditional practice of notifying the City Council when the Department succeeds in obtaining additional funding through the budget adjustment process.

j. The Department’s Military Equipment Use Policy is approved.

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

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

SECTION 7. This Ordinance shall take effect and be in force on the thirtieth (30 th) day from and after its final passage.
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SECTION 8. The City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.
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ESCONDIDO POLICE DEPARTMENT INSTRUCTION DATE: 02-23-23 NO: 1.55 ADMINISTRATION TO: ALL PERSONNEL SUBJECT: MILITARY EQUIPMENT USE POLICY ORIGIN: CHIEF OF POLICE RETAIN: UNTIL FURTHER NOTICE
This Department Instruction supersedes Department Instruction 1.55, dated May 1, 2022.

I. PURPOSE
This policy establishes guidelines for the acquisition, funding, use and reporting of “military equipment,” as the term is defined in Government Code section 7070. This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 (“AB 481”). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.

II. OVERVIEW
The Escondido Police Department utilizes military equipment in its mission to protect the community through exceptional police service. This equipment is acquired with careful consideration and intention. Military equipment is acquired and authorized when there is no reasonable alternative that c an achieve officer and civilian safety. AB 481 provides important public information and input regarding how military equipment is funded, acquired, and used.

III. POLICY
It is the policy of the Escondido Police Department that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

IV. DEFINITIONS
A. California Government Code section 7070 defines “Military Equipment” as:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush -protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or Ordinance No. 2025-02
Exhibit "A"

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wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms an d ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions:
40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a City Council or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Ordinance No. 2025-02
Exhibit "A"

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B. California Government Code section 7070 states “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

3. The fiscal impact of e ach type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entit ies have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

V. GENERAL

A. In accordance with California Government Code section 7071, the Department shall obtain approval of the City Council annually, by ordinance, at a regularly meeting, prior to engaging in any of the following activities:

1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for military equipment including, but not limited to: grant funds; private, local, state, or federal funds; in-kind donations; or other Ordinance No. 2025-02
Exhibit "A"

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donations or transfers.

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City Council.

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council pursuant to general order.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

7. Acquiring military equipment through any means not provided in California Government Code section 7071.

B. In seeking the approval of the City Council, the Escondido Police Department shall submit a proposed military equipment use policy, or subsequent amendments, to the City Council and the public via the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the mi litary equipment at issue.

VI. MILITARY EQUIPMENT REPORTING

A. The Department shall submit an annual military equipment report to City Council that addresses each type of military equipment possessed by the Department.

1. The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use.

2. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

a. A summary of how the military equipment was used and the purpose of its use.

b. A summary of any complaints or concerns received concerning the military equipment.

c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

Ordinance No. 2025-02
Exhibit "A"

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d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, m aintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

e. The quantity possessed for each type of military equipment.

f. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

3. Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Department’s funding, acq uisition, or use of military equipment.

B. The Department’s annual report is attached as Appendix A.

VII. CATALOGING OF MILITARY USE EQUIPMENT

All military use equipment kept and maintained by the Escondido Police Department shall be cataloged in a way which addresses each of the following requirements:

1. The manufacturer’s description of the equipment.

2. The capabilities of the equipment.

3. The purposes and authorized uses for which the Department proposes to use the equipment.

4. The expected lifespan of the equipment.

5. The fiscal impact of the equipment, both initially and for on-going maintenance.

6. The quantity of the equipment, whether maintained or sought.

VIII. COMPLIANCE

A. The use of military equipment is subject to individual Department Instructions, and is restricted for use only in certain instances and in some cases, only by certain units. It is incumbent upon incident commanders, supervisors, and individual officers to recognize the specific circumstances wherein military equipment should be employed to enhance the safety of the public and officers and to bring a critical incident to a safe resolution.

Ordinance No. 2025-02
Exhibit "A"

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B. Department members are bound to adhere to Department Instructions, in addition to state and local laws and ordinances when employing t he use of military equipment at any time. Violations of the law or Department Instructions may result in criminal or administrative investigations and/or actions.

C. Administrative Investigations concerning complaints related to military equipment will be conducted in accordance with Department Instruction 1.12 – Civilian Complaint Reception and Investigation Procedure. These investigations will be reviewed by the Chief of Police to ensure that compliance with this military equipment procedure is maintained.

D. Any corrective action or discipline imposed as a result of a violation of this Department Policy will be administered in accordance with Department Instruction

1.12, relevant labor agreements, City Personnel Rules, and state law.

E. The Chief of Police is responsible for the use of military equipment. He is directly supervised by the City Manager who has independent oversight authority. The City Council appoints the City Manager who holds office at and during the pleasure of the council. The City Attorney also serves at the pleasure of the City Council and provides independent legal advice to the Chief of Police, the City Manager, and the City Council.

X. COMPLAINTS, INQUIRIES, QUESTIONS

A. In some instances, the application and use of military equipment can cause questions and/or concerns for members of the community. It is of vital importance that community members’ questions regarding the application and use of military equipment are addressed. The Escondido Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of citizen complaints.

Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.

B. Complaints directly related to the application or use of military equipment shall be handled in accordance with Department Instruction 1.12 – Civilian C omplaint Reception and Investigation Procedure.

1. Members of the public may make complaints in any form; including use of the department’s online complaint form
(https://www.police.escondido.org/file-a-complaint.aspx), in person, in writing, by email or by phone.

2. The Internal Affairs Unit will maintain statistical data concerning the number and types of complaints regarding military equipment.

C. The Escondido Police Department values open communication and transparency.

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Community questions and/or concerns regarding the application and use of specified military equipment should be addressed in the following manner:

1. Via the Department internet website where the public can email specific military equipment related questions to the Department.

2. At pre-determined Community Engagement Meetings related to military equipment.

3. At City Council Meetings related to military equipment.

4. In all other circumstances, the public should be directed to the Department’s Military Equipment Use Policy available on the Department’s internet website.

X. FUNDING

The Department shall seek City Council approval for military equipment funding, including, but not limited to: grant funds; private, local, state, or federal funds; in -kind donations; or other donations or transfers.

XI. USE OF MILITARY EQUIPMENT WHEN COLLABORATING WITH OUTSIDE

AGENCIES

Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

1. Department members are required to adhere to the Department’s Military Equipment Use Policy and all policies and procedures outlined within the Escondido Police Department Instructions, regardless of operational jurisdiction.

2. Should the Escondido Police D epartment request mutual aid from another law enforcement agency and military equipment is required during the course of the response, the following shall apply:

a. The Escondido Police Department shall remain in charge of the overall incident command.

b. The Incident Commander or designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident.

c. The assisting agency will be expected to adhere t o their respective policies and procedures, particularly those governing the use of military equipment.

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d. If the Incident Commander or their designee is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this procedure, the Incident Commander may elect to cancel the request for mutual aid or re - assign the assisting agency to a different support mission.

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Appendix A

Escondido Police Department
Annual Military Equipment Report

Calendar Year 2024

Assembly Bill 481 added three section to the California Government Code statutes to address the use of “military equipment” by a local police force. Cal. Govt. Code section 7070 defines both “military equipment” and “military equipment use policy.” Cal. Govt. Code section 7071 provides the requirements for a military use policy and an annual review by the City Council. Cal. Govt.

Code section 7072 requires an annual military equipment report and a community engagement meeting prior to the City Council’s approval of the report . Each law addresses the subject from a slightly different perspective. This report seeks to address all the requirements required by AB 481 The report is organized into sections that correspond to the Cal. Govt. Code section 7072 requirements.

I. Summary of how the military equipment was used and the purpose of its use.

a. Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for Law Enforcement Agencies (LEAs) throughout the country. These tools have been tested in the field, and are used by LEAs to enhance community and officer safety.

Loss of these items would jeopardize the safety and welfare of peace officers and make communities less safe. The term “military equipment,” as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. In fact, federal law requires that any equipment actually provided by the Department of Defense be demilitarized prior to transfer to a civilian law enforcement agency. The Department does have two vehicles previously owned by federal agencies, one from the Department of Defense and one from the Department of Homeland Security. But, for the most part, the equipment acquired by the City and now deem ed to be “military equipment” under state law are commercially available products that are readily available to the general public or in some cases restricted for sale to a law enforcement agency.

b. The Escondido Police Department is committed to using the most up to date tools and equipment to safeguard the community. E quipment now defined as “military equipment” have been used by the Department and other law enforcement agencies across the country on a daily basis. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to a higher level of force including a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also p rovide the Department’s peace officers with vital tools that facilitate compliance with the Department’s stringent use of force policy. For example, Escondido Police officers have faced gun fire from suspects for prolonged incidents which required the use of armored/ballistic vehicles to protect the officers and community. The protection with ballistic equipment allows for more time and opportunity to attempt to de - escalate situations and provide for safer tactics to resolve life threatening events in the safest way possible to both officers and community members.

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c. All military equipment will be used in accordance with general and, when appropriate specific, Department Instructions. The Department Instruction on Use of Force provides overarch ing guidance and specific orders for all Department police officers including:

i. Law enforcement officers shall be guided by the principle of reverence for human life in all investigative, enforcement, and other contacts between officers and members of the public. When officers are called upon to detain or arrest a suspect who is uncooperative or actively resisting, may attempt to flee, poses a danger to others, or poses a danger to themselves, they should consider tactics and techniques that may persuade the suspect to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation safely. The highest priority of California law enforcement is safeguarding the life, dignity, and liberty of all persons, without prejudice to anyone. Every person has a right to be free from excessive use of force by officers acting under color of law.

d. Often, the acquisition and use of military equipment is designed to avoid the use of force and when authorized, to use the least amount of force necessary.

II. Summary of complaints or concerns received concerning the use of military equipment.

a. The Department has received no complaints or concerns related to the use of military equipment.

III. Results of internal audits, any information about violations of military equipment use policy, and any actions taken in response.

a. The Department has not conducted an internal audit regarding military equipment.

However, in compiling this report the Depart ment found no violations of the proposed military use policy. Further, the internal affairs unit did review their investigative files and found no violation of department policy that could be associated with the use of military equipment.

IV. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year follo wing submission of the annual military equipment report.

a. Please see the Reponses provided in Exhibit 1 to this Appendix.

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V. The quantity possessed for each type of military equipment.

a. The Escondido Police Department seeks approval for the continued use of the following military equipment. The Department has organized the response into the categories listed in California Government Code section 7070.

VI. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

a. Along with seeking authorization to use preexisting equipment, the Department will seek authorization to acquire, fund and use replacement consumable supplies which meet the statutory definition of “military equipment.” In the attached Exhibit, you will find an authorized quantity displayed next to an on-hand quantity for each piece of military equipment. For consumable supplies, the authorized quantity is set at a level to allow efficient inve ntory management such as starting the replacement process before depleting the on -hand supplies and making bulk purchases of consumable items to achieve cost savings. As always, the Department will seek additional council approval for any new type of “military equipment” in accordance with Department Instruction 1.55 and City budgetary and procurement practices.

b. Similarly, the Department routinely replaces old or worn equipment. The Department will seek a broad advance authorization to replace old, broken, obsolete, worn or damaged equipment, one for one, so long as the replacement of military equipment provides similar uses, characteristics, and capabilities, and will not significantly change or impact the public's welfare, safety, civil rights, and civil liberties.

c. The Department typically achieves approximately two million dollars a year in grant funding. Most grant funding opportunities involve a competition for limited resources and the Department must be able to act quickly and nimbly to successfully win grants. The Department will seek a broad advance authorization to seek and apply for local, state or federal grant funding. The Department will continue the practice of notifying the City Council when the Department succeeds in obtaining grant funding through the budget adjustment process.

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Exhibit (1)

Escondido Military Equipment
Pursuant to Cal. Govt. Code section 7070

I. Unmanned, remotely piloted, powered aerial or ground vehicles.

A. Unmanned Aircraft System (UAS): The Department has several small unmanned aircraft, also known as drones, along with the associated equipment necessary to control it remotely. All of the City’s drones are commercial products and available for sale to the general public.

1. Description, authorized / on hand (“Auth. – O/H”) quantity, capabilities, and purchase cost

a. DJI MATRICE 300 [Auth. 2- O/H 1] Has HT20 zoom and thermal camera. UAS with 45-minute flight time, all weather; equipped with IR and zoom camera and laser range finder. Has photo and video recording capabilities. Cost: $35,000.
b. DJI MATRICE 210 [Auth. 2- O/H 1] with Z30 zoom camera and XT2 thermal camera. UAS with 30-minute flight time, all weather; equipped with IR and zoom cameras. Has photo and video
recording capabilities. Cost $35,000. Expected to be phased out some time in 2024-25
c. DJI MAVIC MINI/DJI Avata. [Auth. 4- O/H 4] Small UAS designed for interior flights, approximately 30-minute flight time.

Has photo and video recording capability. Cost $400-$1,350 each. d. DJI PHANTOM 4 PRO. [Auth. 2- O/H 1] UAS with 30-minute flight time. Has photo and video recording capability. Cost $1,500. e. DJI MAVIC 2 & 3 ENTERPRISE. [Auth. 16- O/H 15] UAS with 30- to 40- minute flight time; equipped with strobe, loud speaker and searchlight accessories. Some equipped with thermal cameras.

Photo and video recording capability. Cost $2,600 - $5700 each

2. Purpose
a. Law enforcement investigations including major collisions. b. Search for missing persons.
c. Natural disaster response and management.
d. SWAT, tactical or other public safety and life preservation missions

3. Authorized Use
a. Only assigned operators who have completed the required training shall be permitted to operate UAS devices during approved missions.

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4. Expected Life Span
a. All UAS equipment, 3-5 years

5. Fiscal Impact
a. Funding source, Escondido Police Department Budget.
b. Annual maintenance and battery replacement cost: approximately $12,000.

6. 2024 Expenditures:
a. DJI Avata $1,348.00
b. Avata Battery $125.89 (X2) $252.00
c. Care Refresh Insurance – Avata $129.00
d. Tactical Light Kit – Avata $158.00
Total Costs (including taxes): $1,887.00

7. Training
a. All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation.

8. Legal and Procedural Rules
a. Department Instruction 1.20 Unmanned Aircraft
Systems provides detailed rules addressing the
employment of this category of equipment. The
Department makes policy and procedure documents
available to the public at:
https://police.escondido.org/view-policy-and-
procedure-documents.aspx

B. Lightweight robotic platform: Unmanned machine operating on the ground utilized to collect tactical information while minimizing risk of harm to police officers and community members.

1. Description, quality, capabilities, and purchase cost

a. ROBOTEX AVATAR III. [Auth. 1 - O/H 1] Manufacturer
description: “The Avatar® III is a compact, lightweight robotic platform that is part of the RoboteX Avatar® Series. Designed from the ground up for portability, expandability, and ease‐of‐use, the Avatar® III serves as a useful tool for a variety of users. The Avatar® III can be customized with a variety of plug‐and‐play accessories. These accessories facilitate use of the robot in a variety of scenarios, including Tactical, CBRNE, EOD, K9, and personal security settings. There is no longer a need to send SWAT or tactical response teams into to a dangerous situation before you've had a chance to assess the situation. The AVATAR Tactical Robot from RoboteX is an affordable tactical robot that is easy to Ordinance No. 2025-02
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use and allows for quick and safe inspection of dangerous situations.” Cost: $28,105.

a. 2024: No change.

2. Purpose
a. To be used to gain visual/audio data, deliver Emergency Notifications Team phone, open doors, and visually clear buildings.

3. Authorized Use
a. Only authorized users under the direction of the Incident Commander are permitted to operate the robot. The Department’s Avatar III has no weapons or offensive capability and primarily used by the SWAT team for information gathering.

4. Expected Life Span
a. 10-plus years.

5. Fiscal Impact
a. Robotex Avatar III:
a. Funding source: Escondido Police Department Operating Budget
b. Annual maintenance and battery replacement cost:
approximately $500.

6. Training
a. The AVATAR III is maintained by the SWAT team
and designated operators receive in house training on
use. This training is conducted under the direction of
SWAT supervisors.

7. Legal and Procedural Rules
a. There is not a specific department instruction
outlining the use of the robot. Use of the robot will be in accordance with all department instructions and
applicable laws. The Department makes policy and
procedure documents available to the public at:
https://police.escondido.org/view-policy-and-
procedure-documents.aspx

II. Mine resistant ambush protected (MRAP) vehicles or armored personnel carriers.

However, police version of standard consumer vehicles are specifically excluded from this subdivision.

A. The Department uses two armored personnel carriers.

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1. Description, quantity, capabilities, and purchase cost

a. LENCO BEARCAT G2. [Auth. 1 - O/H 1] Manufacturer
description: “The LENCO BEARCAT G2 is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed persons. It can stop various projectiles, which provides greater safety to the community members and officers beyond the protection level of shields and personal body armor.” Cost: $242,586.

b. PEACE KEEPER. [Auth. 1 - O/H 1] (Acquired from the San Diego County Sheriff). The Peace Keeper is a wheeled armored vehicle that seats 6-8 personnel with an open floor plan that allows for rescue of downed persons. It can stop various projectiles, which provides greater safety to the community members and officers beyond the protection level of shields and personal body armor.

Cost $0.

2. Purpose
a. To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

3. Authorized Use
a. The authorized use of armored vehicles will be at the direction of the Watch Commander or SWAT Commander based on the
specific circumstances of a given critical incident.

4. Expected Life Span
a. LENCO BEARCAT G2, 25 years.
b. PEACE KEEPER, 30 years.

5. Fiscal Impact
a. Funding source:
a. Bearcat was purchased with funds from California
Emergency Management Agency.
b. Peacekeeper was acquired through the 1033 Program.
b. Annual maintenance and fuel costs for both vehicles:
approximately $10,000.

6. Training
a. All driver/operators will attend formalized instruction and be trained in vehicle operations and practical driving instruction.

7. Legal and Procedural Rules
a. Department Instruction 1.15 Emergency Vehicle Operation provides additional rules addressing the employment of this Ordinance No. 2025-02
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category of equipment. The Department uses breaching equipment and consumables in accordance with the Department’s Tactical Operations Group manuals. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-and-procedure- documents.aspx

III. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

A. The Department does not use any vehicles in this category.

IV. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. The Department does not use any vehicles in this category.

A. The Department does not use any vehicles in this category.

V. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

A. The Department has one Mobile Incident Command Vehicle (MIC). Although defined as “military equipment” the Departments MIC has no military function.

Rather it is a commercially available product modified to provide a mobile office and command post to enable police supervisors to safely, efficiently and effectively manage the law enforcement response to critical incidents, and events.

1. Description, quantity, capabilities, and purchase cost

a. Chevrolet Workhorse Class A Motorhome, 2007 model, converted to house dispatch consoles, work stations, and meeting space. [Auth. 1 - O/H 1] Cost $322,114.

a. 2024: No change.

2. Purpose
a. To be used based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.

3. Authorized Use
a. The MIC shall be used by officers trained in their deployment and in a manner consistent with Department policy and training.

4. Expected Life Span
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a. The MIC, 15-year lifespan on chassis and vehicle structure.

5. Fiscal Impact
a. Funding source: Escondido Police Department Operating Budget and Escondido Fire Department Homeland Security Grant Funds. b. Maintenance and fuel costs are approximately $1,000.

6. Training
a. The driver/operator receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver.

7. Legal and Procedural Rules
a. The Department has no specific rules or limitations regarding the use of a converted motorhome. Use shall be in accordance with California State law regarding the operation of motor vehicles.

B. The Department uses one Emergency Negotiation Team (ENT) vehicle. The ENT vehicle facilitates all of the functions of emergency negotiations during a critical incident. The vehicle contains phone/work stations, a conference space, and houses ENT equipment. Though customized for a specific mission, the vehicle is a commercially available product and not a traditional piece of military equipment.

1. Description, quantity, capabilities, and purchase cost a. Utilimaster Utilivan II, model year 2002, cab and chassis with an upgraded box that houses a work space and equipment. [Auth. 1 - O/H 1] The vehicle was originally purchased for a different city department for $90,633. It was re-purposed for ENT and the box retrofit cost $36,976.

2. Purpose
a. To be utilized for critical incident callouts.

3. Authorized Use
a. The ENT vehicle used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license.

4. Expected Life Span
a. The ENT vehicle has a 30-year lifespan on a chassis and vehicle.

5. Fiscal Impact
a. Funding source for the retrofit: Escondido Police Department Asset Forfeiture Funds.

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b. Maintenance and fuel costs: approximately $600.
a. Escondido Police Department Operating Budget.

6. Training
a. Operators will receive practical training on driving the vehicle.

7. Legal and Procedural Rules
a. The Department has no specific rules or limitations regarding the use of a converted van. Use shall be in accordance with California State law regarding the operation of motor vehicles.

VI. Weaponized aircraft, vessels, or vehicles of any kind

A. The Department does not use any vehicles in this category.

VII. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

A. The Department SWAT unit uses a variety of breaching equipment and consumables that are commonly used by similar specialize units throughout the law enforcement community. Breaching equipment and supplies are not generally available for public sale.

1. Description, quantity, capabilities, and purchase cost

a. DETONATING CORD. [Auth. 1000 ft. - O/H 899 ft.]
Manufacturer description: “The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, penthrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high- speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.” Cost: $1 per foot.

a. 2024
i. Expenditures $101
ii. Acquisitions $0

b. C 2 DETASHEET EXPLOSIVES. [Auth. 40 ft. - O/H 34.5 ft.] Manufacturer description: “DETASHEET® Flexible Explosive) is a waterproof PETN-based (63% nominal) flexible sheet explosive.

It is manufactured as a continuous roll of varying lengths and thicknesses for a wide range of applications. It can be easily cut to any desired shape and applied with adhesive or incorporated into a charge holder. The flexible sheet can be applied as strips directly Ordinance No. 2025-02
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on the target or used to improvise linear shape charges.” Cost $20 per foot.

a. 2024
i. Expenditures $0
ii. Acquisitions $6820

c. BLASTING CAP. [Auth. 125 - O/H 123] Manufacturer
description: “A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non- electric caps, electric caps, and fuse caps.” Cost: $12 each.

a. 2024
i. Expenditures $552
ii. Acquisitions $1800

d. ROYAL REMINGTON 870 EXPRESS BREACHING
SHOTGUN. [Auth. 4 - O/H 4] Manufacturer description: “This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand- off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).” Cost: $380 each.

a. 2024: No change.

e. ROYAL ARMS TESAR #1 ORANGE CAP 275 GRAIN
COPPER FRANGILBE BREACHING ROUND. [Auth. 300 - O/H
153] The round is fired from a breaching shotgun and is used to defeat solid wood doors, locks, and hinges. Cost: $2.60 per round.

a. 2024
i. Expenditures $47
ii. Acquisitions $65

f. ROYAL ARMS TESAR #2 BLACK CAP 425 GRAIN COPPER
FRANGILBE BREACHING ROUND. [Auth. 100 - O/H 50] The
round is fired from a breaching shotgun and is used to defeat heavy locks, dead-bolts, and hinges on solid oak or steel doors. Cost:
$2.90 per round.

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a. 2024: No change.

g. ROYAL ARMS HP-Cutter PURPLE CAP 450 GRAIN HOLLOW
POINT REBAR CUTTER ROUND. [Auth. 40 - O/H 20] The
round is fired from a breaching shotgun and is used to cut re-bar, penetrates security glass, car doors, and punches into engine blocks. Cost: $2.90 per round.

a. 2024: No change.

h. ROYAL ARMS FB-82H 82 PINK CAP 82 GRAIN FLASH
BANG HARD. [Auth. 200 - O/H 173] The round is fired from a breaching shotgun and is used as a diversionary device for disorientation or as a breaching round for solid wood doors, light steel, sliders, or car windows. Cost: $2.90 per round.

a. 2024
i. Expenditures $58
ii. Acquisitions $0

2. Purpose
a. To safely gain entry into a structure while minimizing the risk of harm to those inside the structure

3. Authorized Use
a. Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and
during training exercises.

4. Expected Life Span
a. Detonating cord - 10 years. Blasting Caps - 10 years. b. Breaching Shotgun - 25 years.
c. All Royal Arms breaching rounds – 5 years.

5. Fiscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $500.

6. Training
a. All officers who use explosive breaching tools shall attend an 11- day Master Tactical Breacher course and must additionally receive quarterly training for explosive operations. All officers utilizing breaching shotgun rounds will receive department approved training from a Master Tactical Breacher.

7. Legal and Procedural Rules
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a. Department Instruction 1.24 and 1.46 provide detailed rules addressing the use of force and the employment of this category of equipment. The Department uses breaching equipment and
consumables in accordance with the Department’s Tactical Operations Group manuals. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-and-procedure- documents.aspx

VIII. VIII. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

A. The Department does not use any equipment in this category.

IX. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

A. The Department does not use any equipment in this category.

X. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

A. The Department uses rifles and ammunition at extended ranges to safely and accurately engage targets when authorized to do so. Most of the weapons are commercially available to the public, although weapons and ammunition may be restricted. The Department does not use or possess automatic weapons.

1. Description, quantity, capabilities, and purchase cost

a. SIONICS Patrol Three SBR 5.56mm Rifle. [Auth. 170 – O/H 132 ] The Patrol Three rifle is a semi-automatic shoulder-fired long gun that fires a .223/5.56mm projectile. This rifle is a variant of the AR-15 style of rifle and is utilized by patrol and SWAT officers.

Cost $1522 to $2,160 each depending on accessory configuration.

a. 2024:
i. Expenditures $0
ii. Acquisitions $29,900

b. Colt M4 Commando/LE 5.56 16” Rifle. [Auth. 170 – O/H 90] Manufacturer description: “The Colt Trooper® Patrol Carbine is a modernized, pro-quality semi- automatic Modern Sporting Rifle based on Colt's legendary M4 platform.” This rifle is utilized by officers outside of the SWAT unit. Cost $1,049-$2160 each.

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a. 2024: No change in Expenditures/Acquisitions.
c. Colt Commando M4 5.56mm Rifle. [Auth. 4 - O/H 0] The M4 Commando is a compact rifle of US origin. Whereas the original Colt Commando was based on the M16A1, the M4 Commando is based on the improved and NATO compliant M16A2. Just like its predecessor it fills a gap between pistol caliber sub machine guns and carbines and rifles that have a longer effective range. Cost $1,400 each.

a. 2024: No change in Expenditures/Acquisitions.

d. Seekins Precision, Inc. SP10 18” Rifle (308 Winchester). [Auth. 4 - O/H 4 ] The SP10 is a semi-auto 308 caliber precision rifle utilized by SWAT Snipers. The SP10's proprietary design of the upper receiver and handguard provides a rigid, no-flex platform for repeatable, extreme accuracy under any condition. The SP10 lower receiver offers full ambidextrous controls allowing effective, efficient manipulation of the weapon from either side. The SP10 is the perfect large-frame AR platform for hunting, competition, or duty use. Cost $2,340.

e. ArmaLite AR-10 18” Barrel 308 Caliber Rifle. [Auth. 1 - O/H 1] The AR-10 is a semi-auto 308 caliber rifle that is utilized primarily by SWAT. Cost $0, acquired from the United States Department of Justice at no cost.

a. 2024: No change.

f. ArmaLite/Eagle Arms AR-10 20” Barrel 308 Caliber Rifle. [Auth. 1 - O/H 1] The AR-10 is a semi-auto 308 caliber rifle that is utilized primarily by SWAT. Cost $ 0, acquired from the United States Department of Justice at no cost.

a. 2024: No change.

g. Winchester 5.56mm 64GR Bonded Solid Base Rifle Round. [Auth. 30,000 - O/H 25,500] Manufacturer description: “The Winchester Ranger 5.56mm 64gr Bonded Solid Base rifle duty ammunition has a protected soft point designed to initiate rapid and controlled expansion to quickly stop a potential threat. Its bonded lead core maximizes retained weight for consistent terminal performance through a wide range of demanding barriers. The extruded solid base design maximizes penetration even after encountering a tough barrier such as auto glass. For law enforcement and military Ordinance No. 2025-02
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personnel only.” The duty round that it utilized in SIONICS and Colt rifles. Cost $897 per 1,000 rounds.

a. 2024
i. Expenditures $16,595
ii. Acquisitions $11470

h. Winchester 5.56mm 55GR FMJ Rifle Round. [Auth. 75,000 - O/H 51,000] Manufacturer description: “Backed by generations of legendary excellence, Winchester "USA White Box" stands for consistent performance and outstanding value, offering high- quality ammunition to suit a wide range of hunter's and shooter's needs.” The training round that is utilized in the SIONICS and Colt rifles. Cost $416 per 1,000 rounds.

a. 2024:
i. Expenditures $23639
ii. Acquisitions $34425

i. Hornady 308 Win 168GR A-MAX TAP Rifle Round. [Auth.
16,000 - O/H 6200] Manufacturer description: “The 168 gr. A- MAX® bullet is a traditional match grade bullet with the performance advantages of a polymer tip. This bullet demonstrates an increase in penetration and retained weight over the 155 gr. A- MAX® bullet. Standard barrier performance is exemplary and this load demonstrates controlled and impressive soft tissue expansion without over penetration. The Hornady® 168 gr. A-MAX® TAP Precision® offers industry leading all-around performance for law enforcement precision marksmen providing the ability to stop a threat.” The duty round for open air applications for the Seekins Precision SP10. Cost $950 per 1,000 rounds.

a. 2024:
i. Expenditures $8085
ii. Acquisitions $0

j. Hornady 308 Win 165GR GMX TAP Barrier Rifle Round. [Auth. 4,000 - O/H 800] Manufacturer description: “TAP® Heavy
Barrier™ turns cover into concealment. The 165 gr. GMX® TAP® Heavy Barrier™ is constructed of a monolithic copper alloy. It shoots cleaner than pure copper, fouls less and delivers devastating terminal performance. The GMX® bullet penetrates heavy barriers such as 1" laminated glass with exceptional weight retention while still delivering superior terminal performance.” The duty round for shooting through barriers, such as glass, utilized in the Seekins Precision SP10. Cost $850 per 1,000 rounds.

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a. 2024:
i. Expenditures $1020.
ii. Acquisitions $0

k. Ruag 308 Win 164GR Tactical Armor Piercing Rifle Round. [Auth. 1,000 - O/H 900] Manufacturer description: “To be prepared for every scenario, snipers require a round with high penetration power on hard targets such as reinforced glass, body- and light vehicle armor. Because the core stays intact during penetration, it transfers extremely effective residual energy to hard targets. The bullet jacket provides best accuracy, protects the barrel and is stripped off upon impact.” The duty round for shooting through hardened barriers utilized in the Seekins Precision SP10.

Cost $800 per 300 rounds.

a. 2024:
i. Expenditures: $0
ii. Acquisitions: $1,067

l. Hornady 308 Win 110GR TAP Urban Rifle Round. [Auth. 20,000 - O/H5800] Manufacturer description: “This cartridge provides the police marksman a unique bullet that demonstrates rapid expansion, fragmentation and low retained weight. The 110 gr.

TAP Urban® bullet offers the least penetration in ballistic gelatin and lower felt recoil as compared to heavier TAP® loads. The 110- gr. bullet demonstrates similar penetration to the 223 Rem 75 gr.

BTHP bullet, but with substantially more temporary and
permanent cavity and fragmentation, proving itself an excellent choice for high collateral risk environments.” The duty round for the ArmaLite AR-10. Cost $950 per 1,000 rounds.

a. 2024:
i. Expenditures: $2090
ii. Acquisitions: $0

m. Federal 308 Win 150GR FMJ Boat Tail Rifle Round. [Auth. 4,000 - O/H 2,000] Manufacturer description: “Invest in deep penetration with Federal American Eagle Rifle Ammunition .308 150GR FMJ 20 Box. Feed your rifle quickly. Give your rifle nothing short of perfect cycling with a noncorrosive finish and the top ammo you can find from a reliable ammo company. What has kept many loyalists buying this rifle ammunition besides the familiar feel and performance is the company's wide range of bullets with unique features designed for use in different conditions and for different shooters.” One of the training rounds for the ArmaLite AR-10.

Cost $772 per 1,000 rounds.

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a. 2024: No change.

n. Winchester 308 Win 147GR FMJ Rifle Round. [Auth. 4,400 - O/H 4,400] Manufacturer description: “This Winchester USA centerfire rifle ammo is the ideal choice for training or extended sessions at the range and provides several features such as no expansion, positive functioning, good accuracy, and no barrel leading.” One of the training rounds for the ArmaLite AR-10. Cost $760 per 1,000 rounds.

a. 2024:
i. Expenditures $
ii. Acquisitions $3088

2. Purpose
a. To be used as precision weapons to address a threat with more accuracy and/or greater distances than a handgun, if present and feasible, while minimizing risk to officers and the community.

3. Authorized Use
a. Only members that have completed the EPD rifle training program are authorized to use a rifle. SWAT operators attend additional rifle training courses and are authorized to use a rifle.

4. Expected Life Span
a. Various manufacturers. Various calibers, models, and types.

Lifespan varies on usage and wear.

5. Fiscal Impact
a. Funding sources: Escondido Police Department Operating Budget, Asset Forfeiture Funds and the U.S. Department of Justice. b. Annual consumable replacement costs: approximately $50 per rifle.

6. Training
a. Officers must attend a two-day in-house rifle training program before they are issued a rifle. They must then qualify with the rifle three times annually. SWAT operators attend additional training courses and train twice per month.

7. Legal and Procedural Rules
a. Department Instruction 1.2B Equipment and Weapons and 1.5 Use of Firearms provide detailed rules addressing the use of force and the employment of this category of equipment. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-and-procedure- documents.aspx
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XI. Any firearm or firearm accessory that is designed to launch explosive projectiles.

A. The Department does not use any equipment in this category.

XII. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

A. The Department uses a variety of distraction devices, otherwise known as “flashbangs,” to produce intense noise and light in order to temporarily disorient dangerous suspects during high risk arrests/warrant services and hostage rescues.

1. Description, quantity, capabilities, and purchase cost

a. Defense Technology Low Roll 12-gram Reloadable Distraction Device. [Auth. 250 - O/H 121] Manufacturer description: “The Distraction Device Reload utilizes a standard military-style M201A1 type fuze and produces 175 dB of sound output at 5 feet and 6- 8 million candelas for 10 milliseconds.” Cost: $36 each

a. 2024:
i. Expenditures $580
ii. Acquisitions $0

b. Combined Systems Model 7290 7 Bang. [Auth. 15 - O/H 12] Manufacturer description: “The patented multi-bangs feature top and bottom non-fragmenting, minimal movement devices that perform with high reliability incorporating CTS Superior fuze components with the patented and US Army adopted Confidence Clip and pin shroud.” Cost: $141 each.

a. 2024: No change.

c. Combined Systems Model 7290M Mini-Bang. [Auth. 50 - O/H 0] Manufacturer description: “The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candelas of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.” Cost: $32 each.

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a. 2024: No change.

2. Purpose
a. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds)
physiological/psychological sensory deprivation to give officers a tactical advantage.

3. Authorized Use
a. SWAT Operators and Mobile Field Force officers that have received authorized training shall use Diversionary Devices only under the following:

a. By officers who have been trained in their proper use. b. In hostage and barricaded subject situations.
c. In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
d. During other high-risk situations where their use would enhance officer safety.
e. During training exercises.

4. Expected Life Span
a. All distraction devices, 5 years.

5. Fiscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $6,000.

6. Training
a. Prior to use, officers must attend divisionary device training that is conducted by POST certified instructors.

7. Legal and Procedural Rules
a. Department Instruction 1.46 Use of Specialty Munitions provides detailed rules addressing the use of force and the employment of this category of equipment. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-and-procedure- documents.aspx

B. The Department uses chemical Agent and Smoke Canisters: to disperse rioters, and flush out armed suspects to help minimize using higher levels of force that could impact officer and community safety. Although the manufactures label their devices as grenades, the equipment used by the Department are not explosive.

1. Description, quantity, capabilities, and purchase cost Ordinance No. 2025-02
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a. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS
DISCHARGE GRENADE, CS, #1072. [Auth. 50 - O/H 10]
Manufacturer description: “The Spede-Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20- 40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately

2.9 oz. of active agent.” Cost: $25 each.

a. 2024:
i. Expenditures $75
ii. Acquisitions $0

b. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS
DISCHARGE GRENADE, CS, #1082 [Auth 50, - O/H 10]
Manufacturer description: “The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in by 2.35 in. and holds approximately 2.7 oz. of active agent.

a. 2024: No change.

c. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE,
CS #1016. [Auth. 50 - O/H 2] Manufacturer description: “The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.” Cost $22 each.

a. 2024:
i. Expenditures $175
ii. Acquisitions $0

d. DEFENSE TECHNOLOGY, FLAMELESS EXPULSION CS
GRENADE, #2042. [Auth. 25 - O/H 18] Manufacturer description:
“The CS Flameless Expulsion Grenade is a compact, non-
pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike Ordinance No. 2025-02
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Revised 04-25 (EW #369)
pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its 3- second discharge time.” Cost: $48 each.

a. 2024:
i. Expenditures $192
ii. Acquisitions $0

e. DEFENSE TECHNOLOGY, MAXIMUM HC SMOKE
MILITARY-STYLE CANISTER, #1073. [Auth. 25 - O/H 0]
Manufacturer description: “The Military-Style Maximum Smoke Grenade comes from the Defense Technology #3 smoke grenade.

It is a slow burning, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits grey-white smoke only for approximately 1.5 to 2 minutes.” Cost:
$38 each.

a. 2024: No acquisitions. Munitions expired.

f. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE,
SAF-SMOKE™, and #1017. [Auth. 10 - O/H 0] Manufacturer
description: “The Pocket Tactical Saf-Smoke™ Grenade is small, and lightweight. The Saf-Smoke™ will burn approximately 20- 40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though it is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.” Cost $18 each.

a. 2024: No acquisitions. Munitions expired.

g. DEFENSE TECHNOLOGY, STINGER 32 CALIBER RUBBER
BALL GRENADE, #1090SC. [Auth. 20 - O/H 0] Manufacturer
description: “The Stinger® Rubber Ball Grenade with safety clip is a maximum effect device that delivers three stimuli for psychological and physiological effects: rubber pellets, light, and sound. The Stinger® Rubber Ball Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections.

The Stinger® Rubber Ball Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls in a 50-foot radius.” Cost $45 each.

a. 2024: No acquisitions. Munitions expired.

Ordinance No. 2025-02
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h. DEFENSE TECHNOLOGY, HAN-BALL GRENADE CS, #1092.
[Auth. 20 - O/H 8] Manufacturer description: “The Han-Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an overall size of 4.8 in. tall, including the fuze head, and 3.1 in. diameter.

This launchable grenade holds approximately 1.6 oz. of active agent which is expelled through three ports around the equator of the ball. Due the intense heat generated by this grenade, it should not be used inside a building or near flammable material.” Cost $45 each.

a. 2024:
i. Expenditures $90
ii. Acquisitions $0

i. COMBINED TACTICAL SYSTEMS, RIOT CS SMOKE, #5230.
[Auth. 60 - O/H 30] Manufacturer description: “Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds.” Cost $37 each.

a. 2024: No change.

j. COMBINED TACTICAL SYSTEMS, CS BAFFLED CANISTER
GRENADE, PYRO, LOW FLAME POTENTIAL, #5230B. [Auth.
75- O/H 59] Manufacturer description: “Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.” Cost $49 each..

a. 2024:
i. Expenditures $300
ii. Acquisitions $1,790

k. COMBINED TACTICAL SYSTEMS, RIOT CS SMOKE
TRIPLE- PHASER, #5231. [Auth. 30 - O/H 15] Manufacturer description: “CS Triple Phaser canister grenade is a large diameter grenade consisting of 3 separate aluminum canisters pressed together with separate charges between each canister. When deployed, the grenade will separate over a broad space to give a wider area of coverage. Can be launched or thrown.” Cost $37 each.

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a. 2024: No change.

l. COMBINED TACTICAL SYSTEMS, WHITE SMOKE
CANISTER GRENADE, #5210 and #6210. [Auth. 30 - O/H 17]
Manufacturer description: “White outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone.” Cost $37 each.

a. 2024:
i. Expenditures: $888
ii. Acquisitions: $0

m. COMBINED TACTICAL SYSTEMS, BLUE SMOKE
CANISTER GRENADE, #6210B. [Auth. 10 - O/H 5]
Manufacturer description: “Blue outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone.” Cost $37 each.

a. 2024: No change.

n. COMBINED TACTICAL SYSTEMS, WHITE SMOKE
TACTICAL CANISTER GRENADE, #8210. [Auth. 10 - O/H 2]
Manufacturer description: “Small diameter pyrotechnic irritant smoke grenade for outdoor use to disperse crowds. Emits smoke for up to 30 seconds and is small enough to carry in a pocket. Can be hand thrown or launched.” Cost $32 each.

a. 2024:
i. Expenditures $32
ii. Acquisitions $0

o. COMBINED TACTICAL SYSTEMS, RED SMOKE TACTICAL
CANISTER GRENADE, #8210R. [Auth. 10 - O/H 1]
Manufacturer description: “Small diameter pyrotechnic irritant smoke grenade for outdoor use to disperse crowds. Emits smoke for up to 30 seconds and is small enough to carry in a pocket. Can be hand thrown or launched.” Cost $32 each.

a. 2024:
i. Expenditures $32
ii. Acquisitions $0

2. Purpose
a. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

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a. Self-destructive, dangerous and/or combative individuals. b. May only be used in riots and civil unrest incidents in accordance with all applicable laws.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

3. Authorized Use
a. Only officers who have received training from POST certified instructors in the use chemical agents are authorized to use chemical agents.

4. Expected Life Span
a. 5 years from the manufacturing date.

5. Fiscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $10,000.

6. Training
a. Sworn members utilizing chemical agent canisters are trained by certified POST less lethal and chemical agent instructors.

7. Legal and Procedural Rules
a. Department Instruction 1.6 Use of Tear Agents and Equipment and

1.46 Use of Specialty Munitions provide detailed rules addressing the use of force and the employment of this category of equipment.

The Department makes policy and procedure documents available to the public at: https://police.escondido.org/view-policy-and- procedure-documents.aspx

C. Combined Systems LC5 40mm Launching Cup: Cups that attach to 12 gauge less lethal shotguns which allow officers to launch canisters of chemical agents or smoke.

1. Description, quantity, capabilities, and purchase cost

a. COMBINED SYSTEMS, LC5 LAUNCHING CUP. [Auth. 4 -
O/H 2]. Manufacturer description: “The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun and the munition launched with our model 2600 launching cartridge.” Cost: $302 each.

a. 2024:
i. Expenditures $0
ii. Acquisitions $0

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Revised 04-25 (EW #369)
b. COMBINED SYSTEMS, 12GA LAUNCHING CARTRIDGE,
#2600. [Auth. 50 - O/H 49] The 12ga Launching cartridge is to be used with the 52 series launching cup. Cost $7 per round.

a. 2024:
i. Expenditures $56
ii. Acquisitions $275

2. Purpose
a. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

3. Authorized Use
a. This equipment is authorized for use by SWAT officers who have received formal training by POST Certified Chemical Agents Instructors.

4. Expected Life Span
a. Combined Systems LC5 Launching Cup- 25 years.

5. Fiscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. No annual consumable replacement costs.

6. Training
a. Officers utilizing the launching cups are trained in there use by SWAT POST certified chemical agent instructors.

7. Legal and Procedural Rules
a. Department Instruction 1.6 Use of Tear Agents and Equipment and

1.46 Use of Specialty Munitions provide detailed rules addressing the use of force and the employment of this category of equipment.

The Department makes policy and procedure documents available to the public at: https://police.escondido.org/view-policy-and- procedure-documents.aspx

D. “Pepper Balls”. A non-lethal munitions system that employs paint ball style launchers to fire 0.68 caliber; spherical munitions commonly referred to as “pepper balls” that contain powdered chemical agents such as OC in place of the paint. These munitions use a delivery system combines chemical agent exposure with kinetic energy impact to aid in its effectiveness in addressing armed and/or violent individuals or crowds. “Pepper ball” munitions also include glass breaking rounds and marking rounds.

1. Description, quantity, capabilities, and purchase cost

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a. PepperBall™ brand products:

a. PepperBall™ SA200 Launcher. [Auth. 4 – O/H 4] The
PepperBall™ SA200 is the Tippmann Pro/Carbine launcher
used widely in the paintball arena as a rental marker. It was sold by PepperBall™ from 1999 to 2006. The launcher
features a horizontal forearm grip and breech opening
similar to a shotgun. This is one of the most reliable air- powered launchers ever designed and with proper
maintenance, should last law enforcement and military
customers for decades to come. Tippmann stopped
production of this launcher in 2006. Cost $140 each.

b. PepperBall™ VKS Launcher [Auth 4 – O/H 1]
Manufacturer Description: “The VKS is a top-tier, semi- automatic launcher with adjustable kinetics, and a game- changer in non-lethal operations. Deploy .68 caliber round or long-range VXR™ projectiles for added flexibility. The VKS mirrors the AR-15 platform, making it easy to adopt and integrate into agency programs.” Cost $0, acquired
from the PepperBall™ corporation at no cost.

i. 2024: No change.

c. PepperBall™ Tac 700 Launcher [Auth 2 – O/H 1]
Manufacturer description: The PepperBall TAC 700 Full
Auto launcher brings fully automatic capability, with up to 700 rounds per minute, to your non-lethal PepperBall
launcher options. The Pepper Ball TAC700 is a compressed air powered launcher that shoots .68 caliber rounds.

Officers can quickly create large pepper clouds for crowd control, barricade busting, or more quickly achieve
individual suspect compliance. Optional trigger settings assure the TAC 700 can be set-up to conform to agency
policy while giving officers the right capabilities to achieve their goals.” (This launcher has since been discontinued).

Cost $0, acquired from the PepperBall™ corporation at no cost.

i. 2024:

1. Expenditures $0

2. Acquisitions $0

d. PepperBall™ Tac-SA Pro Launcher [Auth: 50- O/H 16].

Manufacturer Description: The TAC-SA PRO, a robust
semi-automatic launcher, is tailored for high-intensity situations such as daily patrol, crowd management, and
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riot-control scenarios. This .68 caliber launcher is a
powerhouse in operational efficiency and effectiveness.

Cost $900 each.

i. 2024:

1. Expenditures $0

2. Acquisitions $14400
e. Note: New item replacing Sabre SL1 previously requested in 2024 (listed below)PepperBall™ Tac-SA Pro Plus
Launcher [Auth: 8- O/H 4] Manufacturer Description:

The TAC-SA PRO PLUS is an upgraded version of the
TAC-SA PRO semiautomatic launcher featuring a
lightweight carbon fiber tank, an enhanced reflex sight and a folding stock, the TAC-SA PRO PLUS is tailored for
high-intensity situations and a powerhouse in operational efficiency and effectiveness. Cost $1020 each.
i. 2024:

1. Expenditures $0

2. Acquisitions $4080

f. PepperBall™ VKS Pro Launcher [Auth: 8- O/H 2].

Manufacturer Description: The VKS PRO is a top-tier,
semi-automatic launcher with adjustable kinetics, and a game-changer in non-lethal operations. Deploy .68 caliber round or long-range VXR™ projectiles for added
flexibility. The VKS PRO mirrors the AR-15 platform,
making it easy to adopt and integrate into agency programs.

Cost $1120 each.
i. 2024:

1. Expenditures $0

2. Acquisitions $2240

g. PepperBall™ Live Projectile (Red/White). [Auth. 5,000 – O/H 2,250] Manufacturer description: “The basic
PepperBall™ projectile, it contains 0.5% PAVA, and is
excellent for direct impact and area saturation, especially in confined, interior spaces.” Cost $1,000 per 375 projectiles.

i. 2024: No change.

h. PepperBall™ Live SD Projectile (Red). [Auth. 5,000 – O/H 750] Manufacturer description: “The live PepperBall round contains 2.0% PAVA. It is effective for direct impact and area saturation when there is no line of sight.” Cost $1,000 per 375 projectiles.

i. 2024: No change.

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i. PepperBall™ Inert Projectile (Purple). [Auth. 5,000 – O/H 875] Manufacturer description: “Containing a harmless,
scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.” Cost $355 per 1,500 projectiles.

i. 2024:

1. Expenditures $150

2. Acquisitions $0
j.

k. PepperBall™ Marking Projectile. [Auth. 1,000 – O/H 0] Manufacturer description: “This projectile contains a paint solution that can be used to mark suspects for later
apprehension and/or marking doors, openings, or objects for identification.” Cost $200 per 250 projectiles.

i. 2024:

1. Expenditures $200

2. Acquisitions $0

l. PepperBall™ Live-X PAVA [Auth. 10,000- O/H 5625]
Manufacturer description: A powerful concentration of 5% PAVA powder. Excellent for direct impact, area saturation and crowd control. Cost $1034 per 375 projectiles.

i. 2024:

1. Expenditures $0

2. Acquisitions $15517

m. PepperBall™ Marking (Pink) [Auth. 750- O/H 375]
Manufacturer description: The PepperBall marking
projectile contains a pink paint solution that can be used to mark suspects for later apprehension and/or marking doors, openings, or objects for identification. Cost $270 per 375 projectiles.

i. 2024:

1. Expenditures: $0

2. Acquisitions: $270

n. PepperBall™ VXR Live- Maxx PAVA [Auth. 500 - O/H
150] Manufacturer Description: The VXR™ LIVE-
MAXX™ offers greater distance and accuracy when
compared to a standard round ball projectile. Exclusive MAXSAICIN process for greater bio-availability and
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effect. Use for direct impact, area saturation and crowd control situations. Cost $338.99 per 50 projectiles.

i. 2024:

1. Expenditures: $0

2. Acquisitions: $1017

o. PepperBall™ VXR Marking- Blue Ink [Auth. 250 - O/H
50] Manufacturer Description: The VXR™ Marking™
projectile contains a paint solution that can be used to mark suspects for later apprehension and/or marking doors,
openings, or objects for identification. Cost $135.99 per 50 projectiles.

i. 2024:

1. Expenditures: $0

2. Acquisitions: $136

p. PepperBall™ Glass Breaker Solid [Auth. 500 – O/H 100] Manufacturers Description: A solid polymer projectile used for breaking out residential windows and side-glass of
automobiles. Not for use on humans or animals. Cost:
$219.50 per 100 projectiles.
i. 2024:

1. Expenditures: $0

2. Acquisitions: $220

b. SABRE Brand Products:

a. SABRE SL-R1 Series Launcher [Auth. 50 – O/H 0]
Manufacturer description: “The SABRE fully pneumatic &
semi-automatic SL-R1 series 0.68 Caliber Launcher is
purpose built for the law enforcement and corrections end user purpose. It is not simply a consumer product that has been rebranded and sold at a premium to law enforcement.

The SABRE SL-R1 series 0.68 Caliber Launcher contains
an offset rigid adjustable stock. This is an upgrade over our present system. Often, we will be masked up or wearing a helmet. The offset gives a much better ability to sight the launcher. The SABRE SL-R1 series 0.68 Caliber Launcher
utilizes both an ambidextrous safety and charging handle.” Cost $600 per launcher.

i. 2024: No change. Never purchased.

b. SABRE SPMCP Projectile (Black/Orange) [Auth 10,000,
O/H 0] Manufacturer description: 1% Major Capsaicinoids Ordinance No. 2025-02
Exhibit "A"

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(MC)/4% PAVA projectile designed for direct impact up to 60 feet and area saturation up to 175 feet. Ideal for
Crowd/Riot control, combative suspects, high risk
transports, and correctional applications. Cost $950 per 500 projectiles.

i. 2024: No change. Never purchased.

c. SABRE SPINERT Projectile (White/Yellow) [Auth 5000,
O/H 0] Manufacturer description: Inert training powder
projectile. Cost $315 per 500 projectiles.

i. 2024: No change. Never purchased.

d. SABRE SPGB Projectile (All white) [Auth 1000; O/H 0].

Manufacturer Description: Solid nylon projectile designed for glass breaking. NOT FOR HUMAN TARGETS. Cost
$775 per 500 projectiles.

i. 2024: No change. Never purchased.

e. SABRE SPIDM Projectile (Yellow/Black) [Auth 2500,
O/H 0]. Manufacturer Description: I.D. marking powder
projectile. Cost $335 per 500 projectiles.

i. 2024: No change. Never purchased.

2. Purpose
a. “Pepper ball” launchers give officers the ability to address an armed and/or violent suspect(s) with a non-lethal munition that delivers both chemical agent and kinetic energy impact. This combination can be extremely effective in gaining compliance or reducing threat potential with an armed and/or violent suspect(s).

Officers can also choose to deploy a mixture of chemical agent rounds and marking rounds. Marking rounds help identify suspect(s) who may have eluded capture during the initial use of force. Due to its design, “pepper balls” can be delivered from a larger standoff distance allowing for an added degree of officer safety. Its high round capability and accuracy allow for its use in a wide variety of operational environments.

3. Authorized Use
a. The use of “pepper ball” munitions during patrol and other tactical scenarios is subject to compliance with Department Instructions and applicable case law.

Ordinance No. 2025-02
Exhibit "A"

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b. The use of “pepper ball” munitions for crowd control purposes is only authorized under certain circumstances and is contingent on the approval of a MFF supervisor or on scene incident commander absent exigent circumstances.

4. Expected Life Span
a. Launchers – No manufacturer life span indicated by either manufacturer.
b. Munitions – Approximately three (3) year shelf life indicated by both manufacturers.

5. Fiscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $2,000

6. Training
a. PepperBall™ and SABRE Launchers are used by officers and supervisors who have received instruction from a POST certified Chemical Agents and/or Less Than Lethal Instructor.

PepperBall™ and SABRE instructors also attend a factory certified Instructor course.
b. Qualified officers and supervisors train annually with the “Pepper ball” launcher system(s).

7. Legal and Procedural Rules
a. Department Instruction 1.6 Use of Tear Agents and Equipment and

1.46 Use of Specialty Munitions provide detailed rules addressing the use of force and the employment of this category of equipment.

The Department makes policy and procedure documents available to the public at: https://police.escondido.org/view-policy-and- procedure-documents.aspx

XIII. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).

A. LRAD: Long Range Acoustical Device (LRAD) is a high intensity directional acoustical array for long range, crystal clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

1. Description, quantity, capabilities, and purchase cost

a. GENASYS LRAD 100X. [Auth. 2 – O/H 1] Manufacturer
description: “Self- contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD 100X ensures voice messages are clearly heard and understood. LRAD’s Ordinance No. 2025-02
Exhibit "A"

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optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge.” Cost $15,410.

a. 2024: No change.

2. Purpose
a. To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.).

The LRAD may also be used to issue a warning tone.

3. Authorized Use
a. The LRAD shall only be used by officers trained in its deployment and used in a manner consistent with Department policy and training.

4. Expected Life Span
a. 25 years.

5. Fiscal Impact
a. Funding source: Escondido Police Department Operating Budget b. Annual consumable replacement costs: approximately $100.

6. Training
a. All operators receive training prior to operating any of the LRAD’s in the field.

7. Legal and Procedural Rules
a. Department Instruction 1.30 Long Range Acoustical Device (LRAD) provides detailed rules addressing the use of force and the employment of this category of equipment. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-and-procedure- documents.aspx

XIV. 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

A. 40mm Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds or chemical agents.

1. Description, quantity, capabilities, and purchase cost Ordinance No. 2025-02
Exhibit "A"

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a. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LMT
LAUNCHER, #1425. [Auth. 170 – O/H 125] Manufacturer
description: “The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet.” Cost $1066 each.

a. 2024
i. Expenditures: $0
ii. Acquisitions: $17,2920

b. PENN ARMS, 40MM TACTICAL 6-SHOT LAUNCHER. [Auth.
4 – O/H 2] Manufacturer description: “A 40mm pump-action advance magazine drum launcher. It has a six-shot capacity and rifled barrel.” Cost $3,275 each.

a. 2024: No change.

c. DEFENSE TECHNOLOGY, 40MM 4-SHOT LAUNCHER,
#1440 [Auth 4- O/H 2] Manufacturer Description: “The Defense Technology® #1440 is a Tactical 40mm 4-Shot Launcher that features an expandable ROGERS Super Stoc™ and an adjustable Picatinny mounted front grip. The Tactical 4-Shot will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length. Lightweight and tactical, this weapon is NOT designed to fire 40mm High Velocity HE munitions. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.” Cost $1975

a. 2024: No change.

d. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE,
#6325. [Auth. 2,500 – O/H 810] Manufacturer description: “A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft./lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.” Cost $18 each.

a. 2024:
i. Expenditures $810
ii. Acquisitions $0
Ordinance No. 2025-02
Exhibit "A"

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e. DEFENSE TECHNOLOGY, EXACT IMPACT™ LE 40 MM
EXTENDED RANGE SPONGE ROUND, #6325LE. [Auth. 50 –
O/H 6] Manufacturer description: “The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct- fire round.

This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.” Cost $18 each.

a. 2024: No change.

f. DEFENSE TECHNOLOGY, DIRECT IMPACT® 40 MM OC
CRUSHABLE FOAM ROUND, #6320. [Auth. 25 – O/H 6]
Manufacturer description: “The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation.” Cost $21 each.

a. 2024: No change.
i. Expenditures: $80
ii. Acquisitions: $0

g. DEFENSE TECHNOLOGY, DIRECT IMPACT® 40MM CS
CRUSHABLE FOAM ROUND, #6322. [Auth. 50 – O/H 8]
Manufacturer description: “The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with CS powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation.” Cost $21 each.

a. 2024: No acquisitions.

h. DEFENSE TECHNOLOGY, DIRECT IMPACT® 40MM
MARKING CRUSHABLE FOAM ROUND, #6326. [Auth. 50 –
O/H 12] Manufacturer description: “The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with a green marking agent, the Direct Impact can be used to indicate the aggressor in a crowd or riot situation to the team on the ground.” Cost $18 each.

Ordinance No. 2025-02
Exhibit "A"

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Revised 04-25 (EW #369)

a. 2024: No change.

i. DEFENSE TECHNOLOGY, FERRET 40MM LIQUID
BARRICADE PENETRATOR ROUND, #2262. [Auth. 100 – O/H
19] Manufacturer description: “A less lethal 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.” Cost $23 each.

a. 2024:
i. Expenditures $0
ii. Acquisitions $0

j. DEFENSE TECHNOLOGY, MUZZLE BLAST 40MM ROUND,
OC, 6040. [Auth. 25 – O/H 0] Manufacturer description: “The 40 mm Muzzle Blast OC Round is widely used as a crowd
management tool for the immediate and close deployment of chemical agent. It can also be employed in tactical operations such as barricaded subjects for area denial, area contamination, and a means of contaminating crawl spaces and attics. As a pain compliance round it is an excellent device for deploying chemical- laden OC powder at close ranges for indoor or outdoor operations.

It has a maximum effective range of 30 feet /9.1 meters.” Cost $20 each.

a. 2024: No acquisitions. Munitions expired.

k. DEFENSE TECHNOLOGY, MUZZLE BLAST 40MM ROUND,
CS, 6042. [Auth. 50 -O/H 0] Manufacturer description: “The 40 mm Muzzle Blast CS Round is widely used as a crowd
management tool for the immediate and close deployment. It can also be employed in tactical operations such as barricaded subjects, room clearing, area denial, and for small space contamination, and a means of contaminating crawl spaces and attics. As a pain compliance round it is an excellent device for deploying chemical- laden CS powder at close ranges for indoor or outdoor operations.

The cloud of agent is very effective in filling holes in dispersals lines or engaging crowds at close distances.” Cost $20 each.

a. 2024: No acquisitions. Munitions expired.

Ordinance No. 2025-02
Exhibit "A"

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l. COMBINED TACTICAL SYSTEMS, 40MM CS MUZZLE
BLAST, #4630. [Auth. 25 – O/H 5] Manufacturer description: “A 40MM aluminum cartridge that launches a single projectile round emitting smoke or irritant agents via rapid burning. Used effectively during riots at safe stand-off distances to disperse groups or deny areas.” Cost $28 each.

a. 2024: No change.

m. COMBINED TACTICAL SYSTEMS, 40MM CS SMOKE,
PYRO, 4.8″ LONG, #4230. [Auth. 25 – O/H 2] Manufacturer description: “A 40MM aluminum cartridge that launches a single projectile round emitting smoke or irritant agents via rapid burning. Used effectively during riots at safe stand-off distances to disperse groups or deny areas.” Cost $28 each.

a. 2024: No change.
i. Expenditures: $90
ii. Acquisitions: $0

n. COMBINED TACTICAL SYSTEMS, 40MM CS MULTI 3
SMOKE, 4.8″ LONG, #4233. [Auth. 25 – O/H 17] Manufacturer description: “This 40MM aluminum cartridge launches 3 sub- munitions that emit CS via rapid burning. The munition is used from a stand-off distance and it is effective to disperse unruly crowds or deny areas during riots and civil disorder.” Cost $28 each.

a. 2024: No change.

o. DEFENSE TECHNOLOGY, 40MM WARNING/SIGNALING
MUNITION, 100 METER, #6029WS. [Auth. 25 – O/H 4]
Manufacturer description: “The 40mm Aerial Warning/Signaling Munition, 100 meters, is intended for use in situations where stand- off distance is desired, giving the operator the ability to engage crowds, vehicles, or vessels. Launched from a 40mm platform, the munitions deflagrate at a set distance of 100 meters to deliver 170 dB of sound and 5 million candelas of light, noticeable in day or night conditions. A tactile feature on the nose of the cone indicates the designated distance.” Cost $25 each.

a. 2024: No change.

p. DEFENSE TECHNOLOGY, 40MM WARNING/SIGNALING
MUNITION WITH CS, 100 METERS WITH PAYLOAD,
#6029CS. [Auth. 25 – O/H 1] Manufacturer description: “The 40 Ordinance No. 2025-02
Exhibit "A"

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mm Warning/Signaling Munition will produce 170 dB of sound and 5 million candelas of light. This munition has an operational range of 100 meters. Launched from a 40 mm platform, this munition gives the operator the ability to engage people, vehicles or vessels from a safe stand-off position.” Cost $28 each.

a. 2024:
i. Expenditures: $120
ii. Acquisitions: $0

q. COMBINED TACTICAL SYSTEMS, 40MM AERIAL FLASH
BANG, 50 METERS, #4090-50. [Auth. 25- O/H 0] Manufacturer description: “50-meter 40MM aerial flash-bang producing an intense bright light and sound reports. (6+ million candela; 165- 175 dB average). Must be fired significantly above a crowd during a riot. Used to determine intent or used to hail or warn approaching individuals, vehicles, or marine vessels. Must not be fired directly at a crowd or individual person.” Cost $60 each.

a. 2024:
i. Expenditures: $0
ii. Acquisitions: $0

r. DEFENSE TECHNOLOGY, SKAT SHELL SAF-SMOKE,
#6173. [Auth. 25 – O/H 0] Manufacturer description: “The Skat Shell® 40 mm Saf-Smoke™ multiple chemical projectile round with four separate sub-munitions is designed to deliver multiple Saf- Smoke canisters from a 40 mm launcher. It is widely used as a crowd management tool for the rapid and broad deployment of a chemical agent by a single grenadier. The Skat Shell contains four separate sub-munitions that function individually. The small scattering effect and the rapid burning of the sub-munitions provide a wide area of coverage and has a maximum effective range of 80-100 yards.” Cost $20 each.

a. 2024: No acquisitions. Munitions expired.

s. DEFENSE TECHNOLOGY, STINGER 32-CALIBER RUBBER
BALLS ROUND, #6096. [Auth. 25 – O/H 0] Manufacturer
description: “The Stinger® 40 mm 32-Caliber Round is most widely used as a crowd management tool by Law Enforcement and Corrections. The round contains approximately 130 32-Caliber rubber balls. It utilizes smokeless powder as the propellant and has more consistent velocities and tighter patterns compared to its 37mm counterpart. It is suitable for administering a means of pain compliance over close to medium ranges of fire and for routing crowds or groups that are mildly resistive.” Cost $30 each.

Ordinance No. 2025-02
Exhibit "A"

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a. 2024: No acquisitions. Munitions expired.

t. COMBINED TACTICAL SYSTEMS, 40MM CS LIQUID
BARRICADE, SPIN STABILIZED, 4.1″ LONG, #4330. [Auth.
150 – O/H 133] Manufacturer description: “Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room.” Cost $34 each.

a. 2024:
i. Expenditures: $204
ii. Acquisitions: $3007

u. COMBINED TACTICAL SYSTEMS, 40MM MULTI 3 FOAM
BATON, SMOKELESS, 4.8″ LONG, #4551. [Auth. 25 – O/H 9]
Manufacturer description: “The Model 4551 Sponge Baton is a spin-stabilized projectile delivering blunt trauma effect. Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight,
environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. CAUTION: Shots to the head, neck, thorax, heart, or spine can result in fatal or serious injury.” Cost $28 each.

a. 2024: No change.

v. COMBINED TACTICAL SYSTEMS, 40MM .31 CAL STING-
BALLS, SMOKELESS, 4.8″ LONG, #4553. [Auth. 25 – O/H 9]
Manufacturer description: “The Model 4553 .31 Cal Sting-balls projectile delivering blunt trauma effect. Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.” Cost $28 each.

a. 2024: No change
i. Expenditures: $28
Acquisitions: $0

w. COMBINED TACTICAL SYSTEMS, 40MM .60 CAL STING-
BALLS, SMOKELESS, 4.8″ LONG., #4558 [Auth. 25 – O/H 9]
Manufacturer description: “40MM crowd dispersal cartridge containing a payload of .60 caliber stinging pellets. To be fired Ordinance No. 2025-02
Exhibit "A"

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below the belt-line at an approaching non-compliant individual or crowd.” Cost $28 each.

a. 2024: No change

2. Purpose
a. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

3. Authorized Use
a. Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. May only be used in riot/crowd control and civil unrest incidents in accordance with all applicable laws.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

4. Expected Life Span
a. Defense Technology #1425 - 25 years.
b. Penn Arms Multi-Launcher – 25 years.
c. All munitions – 5 years.

5. Fiscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $50,000.

6. Training
a. Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors.

7. Legal and Procedural Rules
a. Department Instruction 1.6 Use of Tear Agents and Equipment and

1.46 Use of Specialty Munitions provide detailed rules addressing the use of force and the employment of this category of equipment.

The Department makes policy and procedure documents available to the public at: https://police.escondido.org/view-policy-and- procedure-documents.aspx

XV. Any other equipment as determined by a City Council or a state agency to require additional oversight.

A. The Department does not use any equipment in this category.

Ordinance No. 2025-02
Exhibit "A"

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STAFF REPORT

May 14, 2025
File Number 0697-20-10351

SUBJECT
SHORT-FORM RENT INCREASE APPLICATION FOR GREENCREST MOBILE HOMEPARK (FILE NO. 0697-20- 10351)

DEPARTMENT
Development Services; Housing & Neighborhood Services Division

RECOMMENDATION
Request the City Council, serving in its role as the City of Escondido Mobilehome Rent Review Board: (1) review and consider Greencrest Mobilehome Park’s Short-Form Application and (2) adopt Mobilehome Rent Review Board Resolution No. RBR 2025-53.

Staff Recommendation: Approval ( Development Services: Chris McKinney, Interim Development Services Director/Deputy City Manager)
Presenter: Carlos Cervantes, Management Analyst and Stephen Jacobson, Code Compliance Officer II ESSENTIAL SERVICE – No
COUNCIL PRIORITY –

FISCAL ANALYSIS

Staff time and resources were expended to process the short -form application. Staff reviewed the application, evaluated the mobilehome park for code enforcement violations and conducted public outreach with the affected park residents, park manager and own ers. No additional fiscal impact was incurred by the City.

PREVIOUS ACTION
On March 20, 2024, a short-form application was considered and approved. An increase of 3.87 percent (3.87%) was approved, resulting in an average space increase of $20.45 per space, per month.

BACKGROUND

On June 8, 1988, the Escondido residents voted to approve Proposition K to enact Mobilehome Rent Control in the City of Escondido (“City”). Under Proposition K, if a park owner wants to increase the rent on a mobilehome rent control space, they must file an application with the City and obtain approval from 287
Item12.

the Mobilehome Park Rent Review Board (“Board”). This Board is an independent body comprised of the City of Escondido Councilmembers.

In 1997, the Board adopted changes to the Mobilehome Rent Review Board Guidelines (“Guidelines”) to allow for the acceptance of a “ short-form” application . The short -form is an abbreviated and less administrative burdensome application process for park owners and City staff. A park owner can request a rent increase based solely on the change in the San Diego Metropolitan Area ’s Consumer Price Index (“CPI”), All Items/All Urban Consumers component since the last increase was granted by the Board. The requested increase may not exceed ninety percent (90%) of the increase in CPI since the last application was granted by the Board, or eight percent (8%) of the current rent, whichever is less, subject to a two- year limit. Park owners are allowed to apply one -year from the date the last application was deemed complete.

Greencrest Mobilehome Park (“Park”) is an all-age park, located at 541 W 15th Avenue. The Park has a total of 129 spaces, of which 115 spaces are subject to rent control. The Park is requesting an increase for the 115 rent-controlled spaces. The amenities available for the residents include a clubhouse, pool, and laundry facilities
Greencrest submitted a short-form application on February 4, 2025. (Attachment “1”). City staff reviewed the final application and deemed it to be complete on March 24, 2025. City staff mailed a letter, written in both English and Spanish, on March 24, 2025, notifying the affected park residents of the application and proposed rent increase, upcoming residential meeting, and public hearing date (Attachment “2”).

Greencrest’s short-form application was available for review at the Park office, and the Housing & Neighborhood Services Division counter at City Hall.

Housing & Neighborhood Services and Code Compliance staff facilitated an in -person meeting for the affected residents on April 14, 2025 , at 6: 30 p.m. Code Compliance conducted a lighting inspection on April 14, 2025 and completed an inspection of the common areas on April 15, 2025.

City staff mailed a 10 -day notice written in both English and Spanish to residents on May 1, 2025, reminding them of the May 14, 2025 City Council Meeting (Attachment “4”).

THE RENT INCREASE APPLICATION:

The application meets all the eligibility criteria for submittal of a short-form rent increase.

PARK OWNER’S REQUEST:

The Park is requesting an increase of ninety percent (90%) of the change in CPI for the period of July, 2023, to July, 2024. A park is allowed to request up to ninety percent (90%) of the current CPI. Under Section 11(D) of the Guidelines it states, “In determining whether the amount of the park owner’s requested 288
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increase is appropriate, the Board must presume that up to ninety percent (90%) of the Consumer Price Index is a fair, just, and reasonable rent increase. However, the Board may consider any of the other Rent Control Ordinance factors in Section 29 -104(g) at the request of either the park owner or the affected residents in determining that a lesser increase is fair, just, and reasonable.” These factors are referenced in Chapter 29 Article 5 Section 29 -104(g) of the Escondido Municipal Code. Ninety percent (90%) of the change in the CPI is 2.809 percent ( 2.809%) for the p eriod of consideration. Currently, the average monthly rent for the residents that are affected by this application is $ 612.53. The average monthly increase requested for the 115 spaces is $17.21 per space, per month. This increase ranges from to $10.36 - $22.07 per space, per month.

RESIDENT MEETING AND COMMENTS:

All residents affected by this request were invited to attend a meeting in their clubhouse on April 14, 2025, at 6:30 p.m. The meeting was attended by six residents (including three children), the Park manager, and City staff. The application and the short-form hearing procedures were reviewed with the residents. One resident commented that the Park is great and the neighbors are all very friendly. She expressed that the rent increase was acce ptable and noted that the lack of attendance at the meeting suggested other residents felt the same way. She also thanked the City for providing information and for considering the needs of the residents. Another resident asked if the City could provide co mmunication through email rather than by mail. No other concerns were brought forward.

No resident representative was identified.

CODE COMPLIANCE INSPECTION:

On April 14, 2025, a lighting inspection was performed by the Code Compliance Division; one lighting violation was identified. On April 15, 2025, an inspection of the common areas was conducted by the Code Compliance Division, Neighborhood Service Staff and Park Management. Three general park violation s were identified. The Park’s address is not posted on the Park sign in front of the property and there were overgrown tree branches encroaching on the road by spaces 31 and 112, each of which was an individual violation. The one lighting violation was for an exterior light in front of the pool storage room that was in disrepair.

A notice was mailed to the Park manager and owner informing them of the violations. (Attachment “3”).

A reinspection was conducted and as of May 5, 2025, all violations were c orrected (Attachment “5”).

According to the Guidelines, no increase granted for any park shall go into effect until any existing code violations are corrected.

ADDITIONAL FACTORS AFFECTING THE APPLICATION:
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In conformance with the Guidelines, the decision of the Board will be final ized by adoption of the Resolution confirming the findings of the Public Hearing. The Notice of Determination will be mailed to the applicant and residents immediately upon adoption of the Resolution. Park owners and management must give a 90-day notice of any rent increase to affected residents upon the adoption of the Resolution.

RESOLUTION
a) RRB Resolution No. 2025-53

ATTACHMENTS
a) Attachment “1”—Greencrest Mobilehome Park Application b) Attachment “2”—Resident Short-Form Letter Notification c) Attachment “3”—Code Inspection
d) Attachment “4”—10-Day Public Hearing Notice
e) Attachment “5”—Code Letter Clearing Violations
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RESOLUTION NO. RRB 2025-53

A RESOLUTION OF THE CITY COUNCIL/ MOBILEHOME

RENT REVIEW BOARD OF THE CTIY OF ESCONDIDO,

CALIFORNIA AUTHORIZING A RENT INCREASE FOR

GREENCREST MOBILEHOME PARK
(File Number: 0697-20-10351)

WHEREAS, Article V of Chapter 29 of the Escondido Municipal Code is a codification of the Escondido Mobilehome Rent Protection Ordinance ("Ordinance") and provides for mobilehome space rent regulation; and
WHEREAS, the City of Escondido Mobilehome Park Rent Review Board ("Board") is charged with the responsibility of considering applications for rent increases; and WHEREAS, a short-form rent increase application pursuant to Section 12 of the Board Guidelines was filed on February 4, 2025 (“Application”) by Greencrest Mobilehome Park, LLC (“Park”), the owner of the rental spaces in Greencrest Mobilehome Park, located at 541 W 15th Ave in Escondido. City staff reviewed the application and deemed it complete on March 24, 2025; and WHEREAS, the last rent increase was granted by Board Resolution No. 2024-33 on March 20, 2024 for an increase of 3.87 percent (3.87%), or approximately $612.53 per space, per month; and WHEREAS, the Park requested a rent increase in the amount of 90 percent (90%) of the change in the Consumer Price Index (“CPI”), or 2.809 percent (2.809%), for the period of July 31, 2023 through July 31, 2024 . The Application average monthly rent for the 115 spaces was $612.53, and the estimated increase averages to $17.21 per space, per month; and

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WHEREAS, on April 14, 2025, a Mobilehome Park Rent Review Code Compliance Inspection Report ("Inspection Report") was completed . The Inspection Report noted three general Park violation s identified; the Park’s address was not posted on the Park sign in front of the property and there were overgrown tree branches encroaching on the road by spaces 31 and 112. There was one lighting violation for an exterior light in front of the pool storage room that was in disrepair. Code Compliance completed a reinspection on May 5, 2025 and all violations were cleared; and WHEREAS, on May 14, 2025, the Board held its public hearing. After an initial staff presentation, the Board invited testimony from Park ownership, residents of the P ark, and other residents of the community at large; and
WHEREAS, after all present had been given an opportunity to speak, the hearing was closed.

Following an opportunity for discussion among the Board members, and clarifying questions to the parties and staff, the Board voted to grant an increase of 2.809 percent ( 2.809%) resulting in an average rent increase of $17.21 per space, per month, for the 115 spaces.

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

1. That the above recitations are true.

2. That the City of Escondido Mobilehome Park Rent Review Board finds that the Greencrest Mobilehome short-form application increase is consistent with the Guidelines, and approves the rent increase Application submitted by Greencrest, LLC and Thomson Properties.

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Housing & Neighborhood Services Division
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841
www.escondido.org/housing-and-neighborhood-
services
March 24, 2025
Re: Short-form Rent Increase Application Submitted by Greencrest Mobilehome Park Dear Resident:

A short-form application for a rent increase for your Park has been received and determined to be complete.

This letter is to inform you about:
1) RESIDENT MEETING
• Date: Monday April 14, at 6:00 p.m.
• Location: Park Clubhouse
• Purpose: To discuss the short-form hearing process, answer any questions, and select a resident representative.
• Spanish translation will be provided
2) RENT REVIEW BOARD HEARING
• Date: May 14, 2025 at 5 p.m.
• Location: City Council Chambers, 201 North Broadway, Escondido, CA 92025 3) HOW THIS MAY IMPACT YOU
• The park is requesting a 2.809% increase
• Average Increase per space per month: $17.21
• Average Rent for rent controlled spaces after the increase: $629.73 4) WHERE TO RECEIVE MORE INFORMATION
• Attend the resident meeting on April 14, at 6:00 p.m. • The application is available on the city’s website, at your park’s office and at the Housing and Neighborhood Services Division counter at City Hall during normal business hours.

Monday – Friday 8 a.m. – 5 p.m.
• Residents will receive a notice allowing them 30 days to review the application and supporting documents, and submit written comments to City staff prior to the hearing, either through email or in person at 201 North Broadway, Escondido, CA 92025. • Contact Carlos Cervantes at (760) 839-6265 or [email protected] Sincerely,
Carlos Cervantes
Carlos Cervantes - Housing and Neighborhood Services Analyst Manager Attachment "2"
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Housing & Neighborhood Services Division
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841
www.escondido.org/housing-and-neighborhood-
services

24 de marzo del 2025

Re: Solicitud Abreviada para un Aumento de Renta presentada por Greencrest Mobilehome Park.

Estimado Residente:

Una solicitud abreviada para un aumento de rentas para su Parque ha sido revisada y determinada ser completa.

Esta carta es para infórmale de:

1) JUNTA DE RESIDENTES

• Fecha = lunes 14 de abril a las 6:00 p.m.
• Locación = Clubhouse de su parque
• Propósito = Para discutir el proceso de la audiencia de la solicitud abreviada, contestar cualquier pregunta y seleccionar un residente representante.

2) AUDIENCIA DE COMISIÓN DE EVALUADORES DE RENTA

• Fecha = 14 de mayo, a las 5pm
• Locación = En la Sala Consistorial del Municipio (City Council Chambers), 201 North Broadway, Escondido, CA 92025

3) COMO ESTO LE PUEDE AFECTAR A USTED

• El parque está solicitando un aumento de 2.809%
• Aumento promedio por espacio por mes = $17.21
• Renta promedia para espacios de renta controlado = $629.73

4) DONDE PUEDE RECIBIR MÁS INFORMATION

• Asistir la junta de residentes el 14 de abril a las 6:00 p.m. • La solicitud está disponible en el sitio web de la ciudad, en la oficina de su parque y en el mostrador de la División de Vivienda y Servicios al Vecindario en el Ayuntamiento durante sus horas de oficina normal. Lunes – viernes 8am-5pm. • Los residentes recibirán una notificación que les otorgará 30 días para revisar la solicitud y los documentos de respaldo, y enviar comentarios por escrito al personal de l a Ciudad ya sea por correo electrónico o en persona en 201 North Broadway, Escondido, CA 92025.
• Contacte a Carlos Cervantes al (760) 839-6265 o [email protected]

Sinceramente,
Carlos Cervantes
Carlos Cervantes - Housing and Neighborhood Services Analyst Manager Attachment "2"
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Housing & Neighborhood Services
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841
May 1, 2025
Greencrest Mobilehome Park
541 W 15th Ave
Escondido, CA 92025

RESIDENT NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Escondido, sitting as the Mobilehome Rent Review Board, will hold a public hearing to consider the following item:

A short-form rental increase application for Greencrest M.H.P.

A copy of the application is available for review at https://www.escondido.gov/240/Pending-Applications, or the Housing & Neighborhood Services Division at City Hall, 201 N. Broadway. A copy of the staff report will be available at the Housing counter five days prior to the hearing date.

A public hearing is scheduled for May 14 , 2025 at 5 p.m. in the City Council Chambers, 201 N.

Broadway, Escondido, CA 92025 to determine whether or not a rent increase will be granted for your park.

If you are protesting the short -form application, you should registe r in the foyer prior to the opening of the public hearing. The purpose of the hearing is for the Rent Review Board to obtain input from the owner and tenants about why an increase should or should not be granted. If you challenge the decision of the Board in court, y ou may be limited to rais ing only those issues you or someone else raised at the public hearing described in this notice, or in written correspond ence delivered to the Rent Review Board at or prior to the public hearing.

You may also submit y our feedback to Carlos Cervantes at [email protected] or call 760- 839-6265 and this information will be included in the City Council presentation.

At the hearing, the Rent Review Board ma y make a determination about the re nt increase or they may request additional information from the owner or tenants. If additional information is requested, a new hearing will be scheduled. If an increase is granted, the owner must notify you in writing of the amount of the increase at least (90) days before the increase goes into effect.

Sincerely,
Carlos Cervantes
Carlos Cervantes
Housing & Neighborhood Services Analyst I
Attachment "4"
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Housing & Neighborhood Services
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841

1 de mayo del 2025

Greencrest Mobilehome Park
541 W 15th Ave
Escondido, CA 92025

AVISO PARA RESIDENTES DE AUDIENCIA PÚBLICA

POR LA P RESENTE SE NOTIFICA que el Concejo Municipal de la Ciudad de Escondido, siendo la Comisión Eva luadora que Revisan las Rentas de Casas Móviles, tendrá una audiencia pú blica para considerar el siguiente punto:

La aplicación de aumento de renta para Greencrest M.H.P.

Una copia de la aplicación está disponible para revisión en https://www.escondido.gov/240/Pending- Applications, o División de Vivienda y Servicios al Vecindario en el Ayuntamiento, 201 N. Broadway. Una copia del reporte del personal estará disponible en el mostrador de la División de Vivienda cinco d ías antes de la fecha de la audiencia.

Una audiencia pública está programada para el 14 de mayo del 202 5 a las 5 p.m. en la Sala Consistorial del Concejo Municipal, 201 N. Broadway, Escondido, CA 92025 para determinar si se otorgará o no un aumento de renta para su parque.

Si usted está pro testando esta abreviada -aplicación, debe registrarse en el vestíbulo antes de q ue comience la audiencia pública. El propósito de la audiencia es que la Comisión Evaluadora que Revisa las Rentas obtenga información del propietario y lo s inquilinos sobre po r qué se debe o no se debe otorgar un aumento. Si impugna la decisió n de la Com isión Evaluadora ante la corte, puede quedar limitado a proponer solo aquellos asuntos que usted u otra pers ona haya propuesto en la audiencia pública descrita en este aviso, o en la correspondencia escrita entregada a la Comisión Eval uadora que Revisa las Rentas durante o antes de la audiencia pública.

También puede enviar sus comentarios a Carlos Cervantes a [email protected] o llamar al 760-839-6265 y está información se incluirá en la presentación al Concejo Municipal.

En la audiencia, la Comisión Evaluadora de Revisión de Rentas puede toma r una determinación sobre el aumento de renta o pueden solicitar info rmación adicional del propietario y / o inquilinos antes de tomar una decisión. Si se solicita información adicional, se programará una nueva audiencia. Si se concede un aumento, el pro pietario debe notificarle por escrito de la cant idad del aumento al m enos (90) días antes de que el aumento entre en vigencia.

Sinceramente,

Carlos Cervantes

Carlos Cervantes
Analista de Servicios de Vivienda y Vecindario I
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STAFF REPORT

May 14, 2025
File Number 0697-20-10350

SUBJECT
SHORT-FORM RENT INCREASE APPLICATION FOR EASTWOOD MEADOWS HOMEPARK (FILE NO. 0697- 20-10350)

DEPARTMENT
Development Services; Housing and Neighborhood Services Division

RECOMMENDATION
Request the City Council, serving in its role as the City of Escondido Mobilehome Rent Review Board: (1) review and consider Eastwood Meadows Mobilehome Park Short-Form Application; and (2) adopt the Rent Review Board Resolution No. RRB 2025-52.

Staff Recommendation: Approval (Development Services: Christopher McKinney, Interim Development Services Director/Deputy City Manager)
Presenter: Carlos Cervantes, Management Analyst; Stephen Jacobson, Code Compliance Officer II ESSENTIAL SERVICE – No
COUNCIL PRIORITY –

FISCAL ANALYSIS
Staff time and resources were expended to process the short -form application. Staff reviewed the application, evaluated the mobilehome park for code enforcement violations and conducted public outreach with the affected park residents, park manager and owners. No additional fiscal impact was incurred by the City.

PREVIOUS ACTION
On November 1 , 202 3, a long-form application was considered and approved. An increase of 13.865 percent (13.865%) was approved, resulting in an average space increase equal or lesser of (a) $200.00 or (b) the amount needed to increase the rent to $890.00; $34.48 per space, per month and a temporary increase of $10.47 per month, for a period of 15 years; and an additional temporary rent increase for reimbursement of application fees of $10.22 per space, per month, for a period of 3 years, for the 115 rent-controlled spaces in the park.

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BACKGROUND
On June 8, 1988, the Escondido residents voted to approve Proposition K to enact Mobilehome Rent Control in the City of Escondido (“City”). Under Proposition K, if a park owner wants to increase the rent on a mobilehome rent control space, they must file an application with the City and obtain approval from the Mobilehome Park Rent Review Board (“Board”). This Board is an independent body comprised of the City of Escondido Councilmembers.

In 1997, the Board adopted changes to the Mobilehome Rent Review Board Guidelines (“Guidelines”) to allow for the acceptance of a “short -form” application. The short -form is an abbreviated and less administrative burdensome application process for park owners and City staff. A park owner can request a rent increase based solely on the change in the San Diego Metropolitan Area’s Consumer Price Index (“CPI”), All Items/All Urban Consumers component since the last increase was granted by the Board. The requested increase may not exceed ninety percent (90%) of the increase in CPI since the last application was granted by the Board, or eight percent (8%) of the current rent, whichever is less, subject to a two - year limit. Park owners are allowed to apply one -year from the date the last application was deemed complete.

Eastwood Meadows Mobilehome Park (“Park”) is located at 2550 East Valley Parkway , Escondido, CA 92027. The Park has a total of 129 spaces, of which 126 spaces are subject to rent control. The Park is requesting an increase for the 126 rent-controlled spaces. The amenities available for the residents include a swimming pool with jacuzzi, recreation building with exercise room and kitchen, playground and barbeque grill, self-car wash area, and laundry with coin-operating machines.

Eastwood Meadows Mobilehome Park submitted a short -form application on December 2 , 2024 . (Attachment “1”). City staff reviewed the final application and deemed it to be complete on March 14, 2025. City staff mailed a letter, written in both English and Spanish, on March 14, 2025, notifying the affected park residents of the application and proposed rent increase, upcoming residential meeting, and public hearing date (Attachment “2”).

Eastwood Meadows Mobilehome Park short-form application was available for review at the Park office, and the Housing & Neighborhood Services Division counter at City Hall.

Housing & Neighborhood Services and Code Compliance staff facilitated an in -person meeting for the affected residents on April 7, 2025, at 6:00 p.m. Code Compliance conducted a lighting inspection on April 7, 2025 and completed an inspection of the common areas on April 8, 2025.

City staff mailed a 10-day notice written in both English and Spanish to residents on May 1, 2025 reminding them of the May 14, 2025 City Council Meeting (Attachment “4”).

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THE RENT INCREASE APPLICATION:

The application meets all the eligibility criteria for submittal of a short-form rent increase.

PARK OWNER’S REQUEST:

The Park is requesting an increase of ninety percent (90%) of the change in CPI for the period of September 2023 to September 2024. A park is allowed to request up to ninety percent (90%) of the current CPI. Under Section 1 1(D) of the Guidelines it states , “In determining whether the amount of the park owner’s requested increase is appropriate, the Board must presume that up to ninety percent (90%) of the Consumer Price Index is a fair, just, and reasonable rent increase. However, the Board may consider any of the other Rent Control Ordinance factors in Section 29-104(g) at the request of either the park owner or the affected residents in determining that a lesser increase is fair, just, and reasonable.” These factors are referenced in Chapter 29 Article 5 Section 29-104(g) of the Escondido Municipal Code. Ninety percent of the change in the CPI is 2.25 percent (2.25%) for the period of consideration. Currently, the average monthly rent for the residents that are affected by this application is $716.79. The average monthly increase requested for the 126 spaces is $16.20 per space, per month. This increase ranges from to $8.93 - $23.28 per space, per month.

RESIDENT MEETING AND COMMENTS:

All residents affected by this request were invited to attend a meeting in their clubhouse April 7, 2025, at 6:00 p.m. The meeting was attended by twenty-nine residents, the Park manager, and City staff. The application and the short -form hearing procedures were reviewed with the residents. Residents asked questions regarding the increase amount, to which city staff was able t o clarify for the residents was strictly based off the periods CPI change. Residents’ main questions were directed to Park management and concerned changes to water billing, trash and street sweeping, and improved security at the Park.

Park Representative: Ernest Kubyan
CODE COMPLIANCE INSPECTION:

On April 7, 2025 , a lighting inspection was performed by the Code Compliance Division; no lighting violations were identified. On April 8, 2025, an inspection of the common areas was conducte d by the Code Compliance Division , Neighborhood Service Staff and Park Management. Six (6) violation w ere identified. There were overgrown tree branches and vegetation encroaching into roadway by spaces 33, 34, 67 and 80 . Another violation was for having no access to the drainage pipes under the sink in the laundry room. The last violation was for a light in the laundry room that was in disrepair.

A notice was mailed to the Park manager and owner informing them of the violations. (Attachment “3”).

A reinspection was conducted and as of April 21, 2025, all violations were corrected ( Attachment “5”). 312
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According to the Guidelines, no increase granted for any park shall go into effect until any existing code violations are corrected.

ADDITIONAL FACTORS AFFECTING THE APPLICATION:

In conformance with the Guidelines, the decision of the Board will be finalized by adoption of the Resolution confirming the findings of the Public Hearing. The Notice of Determination will be mailed to the applicant and residents immediately upon adoption of the Resolution. Park owners and management must give a 90-day notice of any rent increase to affected residents upon the adoption of the Resolution.

RESOLUTIONS
a) RRB Resolution No. 2025-52

ATTACHMENTS
a) Attachment “1” – Eastwood Meadows Mobilehome Park Application b) Attachment “2” - Resident Short-Form Letter Notification c) Attachment “3” - Code Inspection
d) Attachment “4” - 10-Day Public Hearing Notice
e) Attachment “5” - Code Letter Clearing Violations

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RESOLUTION NO. RRB 2025-52

A RESOLUTION OF THE CITY COUNCIL/ MOBILEHOME

RENT REVIEW BOARD OF THE C ITY OF ESCONDIDO,

CALIFORNIA AUTHORIZING A RENT INCREASE FOR

EASTWOOD MEADOWS MOBILEHOME PARK
(File Number: 0697-20-10350)

WHEREAS, Article V of Chapter 29 of the Escondido Municipal Code is a codification of the Escondido Mobilehome Rent Protection Ordinance ("Ordinance") and provides for mobilehome space rent regulation; and
WHEREAS, the City of Escondido Mobilehome Park Rent Review Board ("Board") is charged with the responsibility of considering applications for rent increases; and WHEREAS, a short-form rent increase application pursuant to Section 12 of the Board Guidelines was filed on December 2, 2025 (“Application”) by Eastwood Meadows Mobilehome Park, LLC (“Park”), the owner of the rental spaces in Eastwood Meadows Mobilehome Park , located at 2550 E Valley Pkwy in Escondido. City staff reviewed the application and deemed it complete on March 14, 2025; and WHEREAS, the last rent increase was granted by Board Resolution No. 2023-145 on November 1, 2023, for an increase of 13.865 percent (13.865%), resulting in an average space increase equal or lesser of (a) $200.00 or (b) the amount needed to increase the rent to $890.00; $34.48 per space, per month and a temporary increase of $10.47 per month, for a period of 15 years; and an additional temporary rent increase for reimbursement of application fees of $10.22 per space, per month, for a period of 3 years, for the 115 rent-controlled spaces in the park; and
WHEREAS, the Park requested a rent increase in the amount of 90 percent (90%) of the change in the Consumer Price Index (“CPI”), or 2.25 percent (2.25%), for the period of September 31, 2023 through 314
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September 31, 2024 . The Application average monthly rent for the 126 spaces was $716.79, and the estimated increase averages to $16.20 per space, per month; and WHEREAS, on April 7, 2025, a Mobilehome Park Rent Review Code Compliance Inspection Report ("Inspection Report") was completed. The Inspection Report noted six (6) violations identified; overgrown tree branches and vegetation encroaching into roadway by spaces 33, 34, 67 and 80 , no access to the drainage pipes under the sink i n the laundry room and a light in the laundry room that was in disrepair.

Code Compliance completed a reinspection on April 21, 2025 and all violations were cleared; and WHEREAS, on May 14, 2025, the Board held its public hearing. After an initial staff presentation, the Board invited testimony from Park ownership, residents of the Park, and other residents of the community at large; and
WHEREAS, after all present had been given an opportunity to speak, the hearing was closed.

Following an opportunity for discussion among the Board members, and clarifying questions to the parties and staff, the Board voted to grant an increase of 2.25 percent (2.25%) resulting in an average rent increase of $16.20 per space, per month, for the 126 spaces.

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

1. That the above recitations are true.

2. That the City of Escondido Mobilehome Park Rent Review Board finds that the Eastwood Meadows Mobilehome Park short-form application increase is consistent with the Guidelines, and approves the rent increase Application submitted by Eastwood Meadows Mobilehome Park , LLC and Thomson Properties.
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Housing & Neighborhood Services Division
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841
www.escondido.org/housing-and-neighborhood-
services
March 14, 2025
Re: Short-form Rent Increase Application Submitted by Eastwood Meadows Mobilehome Park Dear Resident:

A short-form application for a rent increase for your Park has been received and determined to be complete.

This letter is to inform you about:
1) RESIDENT MEETING
• Date: Monday April 7, at 6:00 p.m.
• Location: Park Clubhouse
• Purpose: To discuss the short-form hearing process, answer any questions, and select a resident representative.
• Spanish translation will be provided
2) RENT REVIEW BOARD HEARING
• Date: May 14, 2025 at 5 p.m.
• Location: City Council Chambers, 201 North Broadway, Escondido, CA 92025 3) HOW THIS MAY IMPACT YOU
• The park is requesting a 2.25% increase
• Average Increase per space per month: $16.20
• Average Rent for rent controlled spaces after the increase: $722.22 4) WHERE TO RECEIVE MORE INFORMATION
• Attend the resident meeting on April 7, at 6:00 p.m.
• The application is available on the city’s website, at your park’s office and at the Housing and Neighborhood Services Division counter at City Hall during normal business hours.

Monday – Friday 8 a.m. – 5 p.m.
• Residents will receive a notice allowing them 30 days to review the application and supporting documents, and submit written comments to City staff prior to the hearing, either through email or in person at 201 North Broadway, Escondido, CA 92025. • Contact Carlos Cervantes at (760) 839-6265 or [email protected] Sincerely,
Carlos Cervantes
Carlos Cervantes - Housing and Neighborhood Services Analyst Manager Attachment "2"
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Housing & Neighborhood Services Division
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841
www.escondido.org/housing-and-neighborhood-
services

14 de marzo del 2025

Re: Solicitud Abreviada para un Aumento de Renta presentada por Eastwood Meadow s Mobilehome Park.

Estimado Residente:

Una solicitud abreviada para un aumento de rentas para su Parque ha sido revisada y determinada ser completa.

Esta carta es para infórmale de:

1) JUNTA DE RESIDENTES

• Fecha = lunes 7 de abril a las 6:00 p.m.
• Locación = Clubhouse de su parque
• Propósito = Para discutir el proceso de la audiencia de la solicitud abreviada, contestar cualquier pregunta y seleccionar un residente representante.

2) AUDIENCIA DE COMISIÓN DE EVALUADORES DE RENTA

• Fecha = 14 de mayo, a las 5pm
• Locación = En la Sala Consistorial del Municipio (City Council Chambers), 201 North Broadway, Escondido, CA 92025

3) COMO ESTO LE PUEDE AFECTAR A USTED

• El parque está solicitando un aumento de 2.25%
• Aumento promedio por espacio por mes = $16.20
• Renta promedia para espacios de renta controlado = $722.22

4) DONDE PUEDE RECIBIR MÁS INFORMATION

• Asistir la junta de residentes el 7 de abril a las 6:00 p.m. • La solicitud está disponible en el sitio web de la ciudad, en la oficina de su parque y en el mostrador de la División de Vivienda y Servicios al Vecindario en el Ayuntamiento durante sus horas de oficina normal. Lunes – viernes 8am-5pm. • Los residentes recibirán una notificación que les otorgará 30 días para revisar la solicitud y los documentos de respaldo, y enviar comentarios por escrito al personal de la Ciudad ya sea por correo electrónico o en persona en 201 North Broadway, Escondido, CA 92025.
• Contacte a Carlos Cervantes al (760) 839-6265 o [email protected]

Sinceramente,
Carlos Cervantes
Carlos Cervantes - Housing and Neighborhood Services Analyst Manager Attachment "2"
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May 1, 2025
Eastwood Meadows Mobilehome Park
2550 E Valley Pkwy
Escondido, CA 92027

RESIDENT NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Escondido, sitting as the Mobilehome Rent Review Board, will hold a public hearing to consider the following item:

A short-form rental increase application for Eastwood Meadows M.H.P.

A copy of the application is available for review at https://www.escondido.gov/240/Pending-Applications, or the Housing & Neighborhood Services Division at City Hall, 201 N. Broadway. A copy of the staff report will be available at the Housing counter five days prior to the hearing date.

A public hearing is scheduled for May 14, 2025 at 5 p.m. in the City Council Chambers, 201 N.

Broadway, Escondido, CA 92025 to determine whether or not a rent increase will be granted for your park.

If you are protesting the short -form application, you should registe r in the foyer prior to the opening of the public hearing. The purpose of the hearing is for the Rent Review Board to obtain input from the owner and tenants about why an increase should or should not be granted. If you challenge the decision of the Board in court, y ou may be limit ed to rais ing only those issues you or someone else raised at the public hearing described in this notice, or in written correspond ence delivered to the Rent Review Board at or prior to the public hearing.

You may also submit y our feedback to Carlos Cervantes at [email protected] or call 760- 839-6265 and this information will be included in the City Council presentation.

At the hearing, the Rent Review Board ma y make a determination about the rent increase or they may request additional information from the owner or tenants. If additional information is requested, a new hearing will be scheduled. If an increase is granted, the owner must notify you in writing of the amount of the increase at least (90) days before the increase goes into effect.

Sincerely,
Carlos Cervantes
Carlos Cervantes
Housing & Neighborhood Services Analyst I
Attachment "4"
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1 de mayo del 2025

Eastwood Meadows Mobilehome Park
2550 E Valley Pkwy
Escondido, CA 92027

AVISO PARA RESIDENTES DE AUDIENCIA PÚBLICA

POR LA P RESENTE SE NOTIFICA que el Concejo Municipal de la Ciudad de Escondido, siendo la Comisión Eva luadora que Revisan las Rentas de Casas Móviles, tendrá una audiencia pú blica para considerar el siguiente punto:

La aplicación de aumento de renta para Eastwood Meadows M.H.P.

Una copia de la aplicación está disponible para revisión en https://www.escondido.gov/240/Pending- Applications, o División de Vivienda y Servicios al Vecindario en el Ayuntamiento, 201 N. Broadway. Una copia del reporte del personal estará disponible en el mostrador de la División de Vivienda cinco d ías antes de la fecha de la audiencia.

Una audiencia pública está programada para el 14 de mayo del 202 5 a las 5 p.m. en la Sala Consistorial del Concejo Municipal, 201 N. Broadway, Escondido, CA 92025 para determinar si se otorgará o no un aumento de renta para su parque.

Si usted está pro testando esta abreviada -aplicación, debe regi strarse en el vestíbulo antes de que comience la audiencia pública. El propósito de la audiencia es que la Comisión Evaluadora que Revisa las Rentas obtenga información del propietario y lo s inquilinos sobre po r qué se debe o no se debe otorgar un aumento . Si impugna la decisió n de la Comisión Evaluadora ante la corte, puede quedar limitado a proponer solo aquellos asuntos que usted u otra pers ona haya propuesto en la audiencia pública descrita en este aviso, o en la correspondencia escrita entregada a la Comisión Evaluadora que Revisa las Rentas durante o antes de la audiencia pública.

También puede enviar sus comentarios a Carlos Cervantes a [email protected] o llamar al 760-839-6265 y está información se incluirá en la presentación al Concejo Municipal.

En la audiencia, la Comisión Evaluadora de Revisión de Rentas puede toma r una determinación sobre el aumento de renta o pueden solicitar info rmación adicional del propietario y / o inqui linos antes de tomar una decisión. Si se solicita información adicional, se programará una nueva audiencia. Si se concede un aumento, el pro pietario debe notificarle por escrito de la cant idad del aumento al m enos (90) días antes de que el aumento entre en vigencia.

Sinceramente,

Carlos Cervantes

Carlos Cervantes
Analista de Servicios de Vivienda y Vecindario I
Attachment "4"
335
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Attachment "5"
336
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STAFF REPORT
May 14, 2025
File Number 0480-45

SUBJECT

USER AND REGULATORY FEE STUDY WORKSHOP

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council provide direction regarding FY2025/26 User Fee increases.

Staff Recommendation: Provide Direction (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
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

FISCAL ANALYSIS
The amended fees adopted by the City Council on July 10, 2024 are anticipated to generate approximately $1,270,000 in additional revenue in FY2024/25.

PREVIOUS ACTION
On June 5 , 2024 , Cit y Coun cil received the result s o f a Us er and Regulato ry Fee Stud y prepar ed by ClearSource Financial Consulting.

On July 10, 2024, City Council adopted Resolution No. 2024- 72 approving adjustments to the City’s User Fee Schedule and authorized annual inflationary adjustments to fees in between comprehensive studies.

All direct benefit user fees were adjusted to 100 percent (100%) full cost recovery. Direct Benefit Fees include Building, Planning, Engineering, Development Technology, Long-Range Planning, Fire Prevention, and Facility Rentals. Recreation program fees were moved to full cost recovery or the top of the market.

If there is no comparator for a specific fee, the fee was increased by 10 percent (10%) to step closer to full cost recovery.
337
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BACKGROUND
The results of a User and Regulatory Fee Study were provided in a City Council workshop on June 5, 2024.

During the course of the study, information and analysis was generated and is discussed substantively throughout the fee study report and its technica l appendices. California cities regularly conduct these studies to justify fee amounts imposed and to optimize the overall portfolio of revenues available to the municipality to fund its services. Industry practice and fiscal conditions in the state have led most cities to link cost recovery for services of individual action, cause, or benefit to that same individual through user fee revenue, relieving the agency’s general revenues as much as possible for use toward services of broader community benefit.

Recovering the costs of providing fee -related services directly influences the City’s fiscal health and increases the City’s ability to meet the service level expectations of fee payers.

The services for which the City imposes a user or regulatory fee typically derive from an individual person or entity’s action, request, or behavior. Therefore, except in cases where there is an overwhelming public benefit generated by the City’s involvement in the individual action, a fee for service ensures that the individual bears most, if not all, of the cost incurred by the City to provide that service. When a fee targets “100% or full cost recovery,” the individual is bearing the entirety of the cost. When a fee targets less than full cost recovery, another City revenue source – in most cases, the General Fund – subsidizes the individualized activity.

Generally, fees for service are targeted to full cost recovery, inclusive of operating, direct, indirect, and capital costs, except in cases where the City Council cites a public interest in lower fees. The City may also be influenced by market conditions, comparing to municipalities of similar size and service profile. For Escondido, outcomes will show that new fees may range from low, mid, to the upper end of regional fee spectrum depending on the service provided. This is common among municipalities due to differing levels of service and review included among various fee categories.

FY2024/25 Adoption of Adjustments to User Fees
Based on feedback from the City Council, at a Public Hearing on July 10, 2024, all direct benefit user fees were adjusted to 100 percent (100%) full cost recovery. Direct Benefit Fees include Building, Planning, Engineering, Development Technology, Long -Range Planning, Fire Prevention, and Facility Rentals.

Recreation program fees were moved to full cost recovery or the top of the market. If there is no comparator for a specific fee, the fee was increased by 10 percent (10%) to step closer to full cost recovery.

Recreation program fees would increase to full cost recovery in year 2.

Annual Inflationary Adjustment
User fees should be updated annually to keep pace with rising costs over time. A common method of adjusting fees is to evaluate regional cost indicators, such as the Consumer Price Index to ensure that the 338
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City receives appropriate fees for work being con ducted. This approach is consistent with other jurisdictions in the region for evaluating their annual user fee adjustments. Resolution No. 2024-72 adopted by the City Council on July 10, 2024 authorizes the City to adjust fees based on the prior year annual percentage change in the Consumer Price Index ( “CPI”) adjustments as measured in San Diego County for a given year. If the CPI does not change or goes down in a given year, no change shall be made to the fee schedule that year unless a public hearing is held to consider amendment of fees.

The U.S. Bureau of Labor Statistics reported that as of March 2025 the Consumer Price Index for the San Diego Area increased by 3.1 percent (3.1%) from a year ago. However, because the user fees adopted last fiscal year were not effective until September 15, 2024, staff are recommending postponing the increase in fees until a full year of data is collected and analyzed. 339
Item14.

STAFF REPORT

May 14, 2025
File Number 0410-20

SUBJECT
FY2024/25 THIRD QUARTER FINANCIAL STATUS REPORT

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council receive and file the third quarter financial report for FY2024/25 (Attachment “1”).

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – Yes, Police Services; Fire/EMS Services; Keep City Clean for Public Health and Safety; Land Use/Development; Clean Water; Sewer
COUNCIL PRIORITY – Eliminate Structural Deficit

FISCAL ANALYSIS
See Below.

PREVIOUS ACTION
On February 19, 2025, the City Council received the Fiscal Year 2024/25 second quarter Financial report.

BACKGROUND
The City Council Budget and Financial Policies require that the City present quarterly financial reports each fiscal year. The purpose of this report is to provide City Council and the public a financial update of selected funds of the City. This report provides the City Council with the analysis of unaudited revenues and expenditures for Fiscal Year 202 3/24 in comparison to the adopted Fiscal Year 2023/24 budget for the General Fund and the General Fund financial status for FY2024/25 as of December 31, 2024 . The financial highlights are summarized below.

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As noted above, the FY2023/24 General Fund operating budget started with a net operating deficit of $11,295,84. Staff recommendations to close the budget deficit included a combination of using reserve balances as well as deferring major purchases to future years; however, this did not address the structural budget deficit which was projected to be about $11.3 million in FY2024/25.

To address the predicted structural budget gap for the upcoming fiscal year, departments were directed to submit their FY2024/25 General Fund operating budget at the same level as the prior year, FY2023/24, while prioritizing the City Council’s Essential Services and Council Priorities. As a result of Departments minimizing their budgeted expenses and the additional actions described below, the proposed FY2024/25 General Fund Operating Budget is closed without the use of Reserve Funds:
 Library Management Agreement – ($3,033,490). On January 31, 2024 City Council approved the use of American Rescue Plan Act Funds for the FY2024/25 and FY2025/26 Management Agreement with LS&S.
 California Center for the Arts, Escondido (CCAE) Management Agreement – ($1,837,330). On January 31, 2024 City Council approved the use of American Rescue Plan Act Funds for the FY2024/25 Management Agreement with the Foundation and Utilities.  Humane Society Contract – ($857,570). The City has a contract with the San Diego Human Society for animal control services, the FY2024/25 operating budget included resources needed to fund the contract through its expiration date of December 31, 2024.  Elimination of 10 Full-Time Vacation Positions – ($915,000). The FY2024/25 operating budget also includes the elimination of 10 full-time vacant positions from various departments which reduced employee service expenses by $915,000
As of March 31, 2025, the General Fund revenues are at 64 percent ( 64%) of total budgeted op erating revenue and expenditures are at 73 percent (73%) of total budgeted operating expenses. Attachment “1” to this Staff Report includes an analysis of General Fund operating revenues, expenditures, and reserve balances for the second quarter ending March 31, 2025.

ATTACHMENTS
a) Attachment “1” – FY2024/25 Third Quarter Financial Report 341
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1 FY2024/25 Financial Status Report
Third Quarter Ending March 31, 2025

OVERVIEW
This report summarizes the City’s financial position through the third quarter ending March 31, 2025 for the General Fund. The purpose of the report is to provide City Council, City Management, and the Escondido community an update on the City’s fiscal status based on the most recent financial information available. The revenue projections and budget information include adjustments for encumbrances, carryovers, and any other supplemental appropriations approved by the City Council as of March 31, 2025.

This report is for internal use only. The figures presented here are unaudited and have not been prepared in accordance with Generally Accepted Accounting principles (GAAP).

GENERAL FUND
Operating revenue has not kept pace with the growing costs of providing City services since the Great Recession, and as a result, the General Fund long-term financial plan has projected annual deficits creating a structural budget deficit.

To address the predicted structural budget gap for the FY2024/25 fiscal year, Departments were directed to submit their General Fund operating budget at the same level as the prior year, FY2023/24, while prioritizing the City Council’s Essential Services and Council Priorities. As a result of Departments minimizing their budgeted expenses and the additional actions described below, the proposed FY2024/25 General Fund Operating Budget is closed without the use of Reserve Funds:
• Library Management Agreement – ($3,033,490). On January 31, 2024 City Council approved the use of American Rescue Plan Act Funds for the FY2024/25 and FY2025/26 Management Agreement with LS&S. • California Center for the Arts, Escondido (CCAE) Management Agreement – ($1,837,330). On January 31, 2024 City Council approved the use of American Rescue Plan Act Funds for the FY2024/25 Management Agreement with the Foundation and Utilities.
• Humane Society Contract – ($857,570). The City has a contract with the San Diego Human Society for animal control services, the FY2024/25 operating budget included resources needed to fund the contract through its expiration date of December 31, 2024.
• Elimination of 10 Full-Time Vacation Positions – ($915,000). The FY2024/25 operating budget also includes the elimination of 10 full -time vacant positions from various departm ents which reduced employee service expenses by $915,000
The initial projected FY2024/25 General Fund revenue estimate is $132.9 million, estimated to increase $5.0 million or

3.9% over the FY2023/24 amended revenue projection. On July 10, 2024 City Council adopted an updated User Fee schedule which moved most fees to full cost recovery, increasing projected General Fund revenue by $2,601,020.

The total adopted FY2024/25 General Fund Operating Budget is $ 134.6 million, an incre ase of approximately $6.4 million or 5.0% compared to the FY2023/24 Operating Budget.

Attachment "1"
342
Item15.

City of Escondido Fiscal Year 2024/25 Third Quarter Financial Report

2 At the end of the third quarter, General Fund revenues are at 64% of the amended budget, while expenditures are at 73%, shown in the table below.

General Fund
Comparison of Projected FY2024/25 Operating Budget to Actuals FY2024/25

ADOPTED
BUDGET
FY2024/25

AMENDED
BUDGET

ACTUAL RESULTS
MARCH 2025 %
Total Operating Revenue $133,980,970 $135,525,870 $86,688,230 64% Total Operating Expenditures (134,581,410) (136,709,670) (100,307,611) 73% Operating Transfers 600,440 600,440 600,440 -
$- ($583,820)

GENERAL FUND REVENUE
The table below compares actual results for General Fund operating revenue as of March 2025 to March 2024.

FY2024/25

AMENDED BUDGET

ACTUAL RESULTS
March 2025

ACTUAL RESULTS
MARCH 2024
Prior Year vs.

Current Year
Sales Tax $47,463,500 $27,214,930 $27,440,710 $ (225,780) Property Tax 38,249,300 21,539,470 20,742,160 797,310 Other Taxes 19,579,850 11,631,450 10,782,640 848,810 Charges for Services 17,800,080 14,112,960 11,743,720 2,369,240 Intergovernmental 4,164,460 4,940,650 3,808,580 1,132,070 Fines and Forfeitures 878,700 563,460 508,190 55,270 Permits and Licenses 2,255,630 3,724,060 1,677,160 2,046,900 Rental Income 4,030,980 2,396,420 2,375,250 21,170 Other Revenue 1,103,370 564,830 993,370 (428,540) TOTAL OPERATING REVENUE $135,525,870 $86,688,230 $80,071,780 $6,616,450

March 2025
$27.2
March 2025
$21.5
March 2025
$11.6
March 2025
$14.1 March 2025
$12.2
March 2025
$27.4
March 2025
$20.7
March 2025
$10.8
March 2025
$11.7 March 2025
$9.4
$5.0
$10.0
$15.0
$20.0
$25.0
$30.0
Sales Tax Property Tax Other Taxes Charges for Services All Other Revenue GENERAL FUND REVENUE - CURRENT YEAR VS. PRIOR ACTUALS
(IN MILLIONS)
Attachment "1"
343
Item15.

City of Escondido Fiscal Year 2024/25 Third Quarter Financial Report

3 Sales Tax (35% of Total General Fund Revenue): $27.2 million The City works closely with its sales tax consultants in projecting sales tax revenue. The forecast for FY2024/25 was provided by AvenuInsights and projected a decline of about 4% compared to FY2023/24. A mild recession in
FY2024/25 is possible but continued unemployment and
tight labor markets indicate that a severe downturn is
unlikely.

Actual sales tax receipts are under the March 2024 amount by $225,780, indicating that the economy is continuing to slow from the post pandemic increase in spending.

Property Tax (28% of Total General Fund Revenue): $21.5 million Property Tax revenue increased by $797,310 or about 3.9% compared to this time in prior year.

The largest portions of property tax revenue are distributed by the County in December and April each year. The
FY2024/25 Operating Budget projected property tax
growth of 9.1%. This is attributed to an increase in current secured and unsecured tax projections, along with an
increase in property transfer taxes based on the current and projected development activity, such as permits,
inspections, and plan checks, which indicate continued
growth in property sales.

Other Taxes (14% of Total General Fund Revenue): $11.6 million Other Taxes include franchise fee revenues, transient occupancy tax, and business license revenue and combined have increased by $848,810 compared to the prior year.

Franchise Fees
The City collects franchise fee revenues from San Diego Gas and Electric (SDG&E), cable companies conducting business within City limits, and Escondido Disposal Incorporated (EDI). Revenues received from franchise agreements
increased by $250,090 from the prior fiscal year. In the first two quarters of last year , the Escondido Palomar Energy Plant was shut down for maintenance. This resulted in zero electric emissions during this time and therefore no
franchise fee revenue was due to the City. The plant was fully operational again in August.

4.7%

19.3%
-3.4% -2.1%
-3.6%
$20.0
$24.0
$28.0
$32.0
March
2021
March
2022
March
2023
March
2024
March
2025
Sales Tax

10.1% 5.7%

6.5% 5.1% 3.9%
$10.0
$12.0
$14.0
$16.0
$18.0
$20.0
$22.0
$24.0
March
2021
March
2022
March
2023
March
2024
March
2025
Property Tax

21.4%

15.7%

27.1%
-14.7%

6.2%
$4.0
$5.0
$6.0
$7.0
$8.0
March
2021
March
2022
March
2023
March
2024
March
2025
Franchise Fees
Attachment "1"
344
Item15.

City of Escondido Fiscal Year 2024/25 Third Quarter Financial Report

4 Transient Occupancy Tax
Transient occupancy tax, also known as hotel tax, increased by $ 280,156 compared to the prior year. The tourism
industry was impacted significantly as a result of the
closures, and many forecasted its recovery would take
much longer than it has. Between FY2021/22 and
FY2022/23, transient occupancy tax receipts increased by 49% from the pre -pandemic levels in March 2020. It is expected that those receipts will remain flat going forward as the activity stabilizes in the industry.

Business License Revenue
All entities doing business in the City are required to have a valid business license. The business license tax is calculated based on annual gross receipts ; business license revenue from the 202 4 calendar year is based off of 20 23 gross receipts. Business license revenues decreased by $53,909 compared to the prior fiscal year.

Charges for Services (13% of Total General Fund Revenue): $14.1 million Charges for Services include paramedic fees, Community Services fees for recreational and community activities, and charges for development related services, which include Engineering and Planning fees.

This category of revenue has increased by $2,369,240. In July 2024 the City Council approved a User Fee schedule that set all direct benefit user fees to 100% full cost recovery. Direct Benefit Fees include Building, Planning, Engineering, Development Technology, Long -Range
Planning, Fire Prevention, and F acility Rentals. Recreation program fees were moved to full cost recovery or the top of the market. If there is no comparator for a specific fee, the fee was increased by 10% to step closer to full cost recovery.

-25.0%

77.8%

12.5%
-16.7%
$0.5
$1.5
$2.5
March
2021
March
2022
March
2023
March
2024
March
2025
Transient Occupancy Tax

13.3%
-11.8% 13.3%

0.0%
$1.4
$1.5
$1.5
$1.6
$1.6
$1.7
$1.7
$1.8
March
2021
March
2022
March
2023
March
2024
March
2025
Business License Revenue
-6.0%

8.3%
-11.0%

11.4%
$8.0
$10.0
$12.0
$14.0
March
2021
March
2022
March
2023
March
2024
March
2025
Charges for Services
Attachment "1"
345
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City of Escondido Fiscal Year 2024/25 Third Quarter Financial Report

5 Intergovernmental (3% of Total General Fund Revenue):
$4.9 million
Intergovernmental revenue includes the Rincon fire services agreement, state mandated cost claims, various grants, and revenue received from the fire mutual aid reimbursements.

Overall revenue has increased $1.1 million compared to the prior year.

The City’s Fire Department staff can be deployed to assist other State agencies with responses to fires and other
incidents. The California Office of Emergency Services reimburses the City for the time and resources of the staff deployed. As of March 2025, reimbursements of $1,038,622 have been recorded.

Permits and Licenses (2% of Total General Fund Revenue):
$2.0 million
Revenue generated from permits and licenses increased by $2,046,900 compared to fiscal year 202 3/24. In July 2024 the City Council approved a User Fee schedule that set all direct benefit user fees to 100% full cost recovery, including Building Permit Fees. Construction and development
activity also continues driving building permit revenue compared to previous fiscal years.

Fines & Forfeitures (1% of Total General Fund Revenue):
$563,460
Fines & Forfeitures represent fees collected for vehicle code fines, parking ticket fines, other court fines, code enforcement citations, and impound fees. Overall revenue has increased by $55,270 compared to the prior fiscal year.

$3.0
$3.3
$3.6
$3.9
$4.2
$4.5
$4.8
$5.1
March
2021
March
2022
March
2023
March
2024
March
2025
Intergovernmental Revenue
128.6% 0.0%
-18.8%

30.8%
$-
$1.0
$2.0
$3.0
$4.0
March
2021
March
2022
March
2023
March
2024
March
2025
Permits & Licenses
-27.4%

12.5% -22.8%
-0.4%
$250,000
$350,000
$450,000
$550,000
$650,000
$750,000
March
2021
March
2022
March
2023
March
2024
March
2025
Fines & Forfeitures
Attachment "1"
346
Item15.

City of Escondido Fiscal Year 2024/25 Third Quarter Financial Report

6 Rental Income (3% of Total General Fund Revenue):
$2.4 million
The City receives lease and rental income from City owned properties, shared revenue with the City of San Diego for activity at the Vineyard Golf Course, and small cell tower lease revenue. Overall revenue has increased by $ 21,170 compared to the prior fiscal year primarily due to increased receipts from the Vineyard Golf Course.

Investments and Other Revenues (1% of Total General
Fund Revenue): $564,830
Investments and Other Revenue includes interest earned
from investing activities and other miscellaneous receipts and has decreased by $80,797 compared to the prior year.

The chart shows Other Revenue only. Interest earnings are reported in the quarterly Treasurer’s Report separately to the City Council.

8.7% -12.0% 4.5% 4.3%
$1.5
$1.7
$1.9
$2.1
$2.3
$2.5
$2.7
March
2021
March
2022
March
2023
March
2024
March
2025
Rental Income
-36.7%
-76.8%
440.4%
-52.7%
-66.9%
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
March
2020
March
2021
March
2022
March
2023
March
2024
March
2025
Other Revenue
Attachment "1"
347
Item15.

City of Escondido Fiscal Year 2024/25 Third Quarter Financial Report

7 GENERAL FUND OPERATING EXPENDITURES
The total adopted FY2024/25 General Fund Operating Budget is $ 134.6 million, an increase of approximately $ 6.4 million or 5.0% compared to the FY2023/24 Operating Budget. In order to address an $11 million budget deficit, Library Management Services and California Center for the Arts Management Services are funded by American Rescue Plan Act, the contract with the Humane Society was funded through December, and the City eliminated 10 full -time positions.

The following table includes cumulative expenditure comparisons for General Fund departments as of March 2025.

FY2024/25

AMENDED
BUDGET
ACTUAL

RESULTS
MARCH 2025
ACTUAL

RESULTS
MARCH 2024
Prior Year
vs. Current
Year
General Government Services $7,994,680 $5,474,166 $5,414,201 $59,965 Community Services 6,811,600 4,631,607 6,780,635 (2,149,028) Development Services 9,113,880 6,437,228 4,818,965 1,618,263 Public Works 13,938,230 10,053,326 9,519,327 533,999
Police 60,180,500 43,447,028 39,717,818 3,792,210
Fire 36,017,840 27,388,531 24,492,798 2,895,733
California Center for the Arts 1,282,180 1,016,935 2,504,079 (1,487,144) Other Expenditures 1,436,100 1,858,790 740,476 1,118,314 TOTAL OPERATING EXPENDITURES $136,775,010 $100,307,611 $93,988,320 $6,319,311 The City continues to be impacted by a competitive labor market, as a result of recurring vacant positions and long recruitment efforts there are expenditure savings in regular salary and benefits through March 2025. However, the vacant positions have also increased the overtime expenditures which are at 86% of the amount budgeted for the fiscal year. The increase in overtime expenses will be offset by the savings in employee services.

AMENDED
BUDGET
FY2024/25
ACTUAL

RESULTS
MARCH 2025
% of
Budget
Employee Services $110,146,180 $73,622,145 67%
Employee Services - Overtime 6,156,800 7,515,374 122%
SUBTOTAL EMPLOYEE SERVICES $116,302,980 $81,137,519 70% Maintenance and Operations 21,416,610 17,624,272 82%
Internal Service Charges 17,124,220 12,940,428 76%
Allocations (17,468,800) (11,394,608) 65%
SUBTOTAL OPERATING EXPENDITURES 137,375,010 100,307,255 73% Historical Cost Savings Reduction (600,000) - -
TOTAL OPERATING EXPENDITURES $136,775,010 $100,307,611 73%

Attachment "1"
348
Item15.

City of Escondido Fiscal Year 2024/25 Third Quarter Financial Report

8 The following table s show each department’s operating expenses through March 2025 compared to the amended budget for FY2024/25 as well as the list of Budget Adjustments approved this fiscal year:

GENERAL GOVERNMENT SERVICES
FY2024/25

ADOPTED
BUDGET
BUDGET

ADJUSTMENTS
FY2024/25

AMENDED
BUDGET
ACTUAL

RESULTS
MARCH 2025
% Of
Budget
City Council $414,950 $25,000 $439,950 $314,024 71%
City Manager 1,799,630 96,810 1,896,440 1,241,856 65%
City Attorney 170,550 51,360 221,910 61,150 28%
City Clerk 642,520 - 642,520 443,321 69%
City Treasurer 180,110 - 180,110 144,712 80%
Finance 1,658,170 - 1,658,170 1,284,462 77%
Human Resources 717,430 - 717,430 408,045 75%
Information Systems 1,471,640 - 1,471,640 1,066,535 71% Communications & Digital Media 729,810 36,700 766,510 509,972 66% TOTAL GENERAL GOVERNMENT $7,784,810 $209,870 $7,929,340 $5,474,166 68%

COMMUNITY SERVICES
FY2024/25

ADOPTED
BUDGET
BUDGET

ADJUSTMENTS
FY2024/25

AMENDED
BUDGET
ACTUAL

RESULTS
MARCH 2025
% Of
Budget
Recreation $4,744,940 $ - $4,744,940 $3,188,683 67% Main Library* 543,970 95,000 638,970 597,246 93%
Older Adult Services 729,830 - 729,830 502,181 69%
Senior Nutrition 697,860 - 697,860 343,497 49%
TOTAL COMMUNITY SERVICES $6,716,600 $95,000 $6,811,600 $4,631,607 68% *Library Management Services with LS&S are funded by American Rescue Plan Act Funds in FY2024/25 & FY2025/26. Expenses are for maintenance and internal service charges

DEVELOPMENT SERVICES
FY2024/25

ADOPTED
BUDGET
BUDGET

ADJUSTMENTS
FY2024/25

AMENDED
BUDGET
ACTUAL

RESULTS
MARCH 2025
% Of
Budget
Planning $2,633,330 $172,500 $2,805,830 $1,922,490 69% Building 2,005,690 73,640 2,079,330 1,212,966 58%
Engineering 2,973,100 55,010 3,028,110 2,392,478 79%
Code Compliance 1,140,820 59,790 1,200,610 909,294 76%
TOTAL DEVELOPMENT SERVICES $8,752,940 $360,940 $9,113,880 $6,437,228 71%

Attachment "1"
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City of Escondido Fiscal Year 2024/25 Third Quarter Financial Report

9 PUBLIC WORKS
FY2024/25

ADOPTED
BUDGET
BUDGET

ADJUSTMENTS
FY2024/25

AMENDED
BUDGET
ACTUAL

RESULTS
MARCH 2025
% Of
Budget
Street Maintenance $9,280,510 $171,790 $9,452,300 $7,014,745 74% Park Maintenance 4,485,930 - 4,485,930 3,286,804 73%
Radio Communications - - - (248,223) 0%
TOTAL DEVELOPMENT SERVICES $13,736,440 $- $13,938,230 $10,053,326 72%

POLICE DEPARTMENT
FY2024/25

ADOPTED
BUDGET
BUDGET

ADJUSTMENTS
FY2024/25

AMENDED
BUDGET
ACTUAL

RESULTS
MARCH 2025
% Of
Budget
Police Department $58,229,080 $1,951,420 $60,180,500 $43,447,028 72%

FIRE DEPARTMENT
FY2024/25

ADOPTED
BUDGET
BUDGET

ADJUSTMENTS
FY2024/25

AMENDED
BUDGET
ACTUAL

RESULTS
MARCH 2025
% Of
Budget
Fire Department $35,636,680 $- $36,017,840 $27,388,531 76%

CENTER FOR THE ARTS
FY2024/25

ADOPTED
BUDGET
BUDGET

ADJUSTMENTS
FY2024/25

AMENDED
BUDGET
ACTUAL

RESULTS
MARCH 2025
% Of
Budget
California Center for the Arts* $1,282,180 $- $1,282,180 $1,016,935 79% *Center for the Arts Management Services with the CCAE Foundation are funded by American Rescue Plan Act Funds in FY2024/25. Expenses are for maintenance and internal service charges

OTHER EXPENSES
FY2024/25

ADOPTED
BUDGET
BUDGET

ADJUSTMENTS
FY2024/25

AMENDED
BUDGET
ACTUAL

RESULTS
MARCH 2025
% Of
Budget
Non-Departmental
Community Relations $1,356,100 $80,000 $1,436,100 $1,858,790 129%

Attachment "1"
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Item15.

City of Escondido Fiscal Year 2024/25 Third Quarter Financial Report

10 The following table is a list of budget amendments approved by City Council this fiscal year:

DEPARTMENT DESCRIPTION

CITY COUNCIL

DATE AMOUNT
Police Department COPPS Unit Expansion: 4 Police Officers, Supplies, and Vehicles
June 19, 2024 $1,013,000
Street Maintenance COPPS Unit Expansion: 2 Maintenance
Technicians and 1 Truck
June 19, 2024 246,790
City Manager’s Office Position Reclassification for the Short-Term Rental Program
July 10, 2024 65,340
Fire Department Additional funding for Medix Ambulances December 4, 2024 157,752 Police Department Renewal of the San Diego Humane Society Contract
December 4, 2024 768,708
Multiple Departments Harmony Grove Emergency Declaration December 16, 2024 4,000,000 Multiple Departments Carryovers from Fiscal Year 2024/25 February 19, 2025 258,310 Multiple Departments Additional funding for the ERP Project February 19, 2025 407,700 Library Library utilities and relocation consulting February 19, 2025 95,000 City Manager’s Office Addition of a Management Analyst II position February 19, 2025 31,470 City Attorney’s Office Addition of a Deputy City Attorney and Legal Assistant – STR Program
February 19, 2025 51,360
Police Department Addition of a Program Coordinator – STR Program
February 19, 2025 23,930
Code Compliance Addition of 2 Code Enforcement Officers & 2 Vehicles – STR Program
February 19, 2025 138,530
Development Services Addition of 1 Principal Planner, 1 Senior Planner, 1 Associate Planner, and 1 Senior Administrative
Assistant
February 19, 2025 161,640
City Council Sister City Program February 26, 2025 25,000 Fire Department Firefighters Association MOU March 26, 2025 310,500 Police Department Police Officers Association MOU March 26, 2025 445,780 Economic Development Indigenous Culture & Art Festival April 2, 2025 61,950 Community Services –
Library
Library Relocation Services April 9, 2025 828,000
Development Services -
Planning
Second Amendment to the Matrix Contract April 16, 2025 300,000 $9,390,760

Attachment "1"
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City of Escondido Fiscal Year 2024/25 Third Quarter Financial Report

11 GENERAL FUND RESERVES
In December 2015, City Council adopted a Fund Balance Policy and established a General Fund target Reserve balance of 25% of General Fund operating revenues in order to maintain adequate levels of fund balance. This goal is based on a risk-based analysis to mitigate current and future risks, adequately provide for cash flow requirements, and to fund one-time unanticipated expenditure requirements.

Total General Fund budgeted operating revenue in FY2024/25 is $132,924,390 and 25% of this amount is $33,231,098.

The current General Fund Reserve balance is $17,392,319, or 13% of budgeted operating revenue, which is below the identified acceptable risk-based analysis adopted by City Council and general government practices.

Section 115 Irrevocable Pension Trust Fund
In February 2018, City Council authorized the establishment of a Section 115 Irrevocable Pension Trust Fund. The Trust Fund is used to set aside and hold money to meet future pension liabilities and can be used to provide economic relief during recessionary cycles and/or rate increases that are significantly above anticipated projected employee rate increases. Funds placed in this Trust can also be used to offset the City’s “normal” CalPERS costs, such that if funds are necessary for other purposes, a certain amount of flexibility is present. Another benefit is that funds held in the Trust can be invested in the same manner as funds in a typical pension fund rather than as part of the City’s General Fund, which means a potentially higher rate of return.

When the Pension Trust Fund was established, a funding policy for contributions to the Fund was recomm ended and included the four years of annual Successor Agency Redevelopment Loan Repayments of $14 million that began in FY2018/19, future proceeds from the sale of City Property belonging to the General Fund, and a portion of General Fund surplus at the end of each fiscal year, if one exists.

On March 31, 2025, the Section 115 Pension Trust Fund had a balance of $35,884,413 which included City contributions of $31,257,650 plus investment earnings net of expenses of $4,626,763. The Trust Fund has a 3-year rate of return of

2.89%, a 1-year rate of return of 5.50%, and a 3-month rate of return of 1.24%.

The following table provides a summary of the activity since the establishment of the Trust Fund.

Section 115 Pension Trust Fund
Initial Deposit – General Fund $1,984,000
General Fund Operating Results (5 years) 20,705,235
Successor Agency Advance Repayments 8,568,415
Investment Earnings, net of expenses 4,626,763
Balance as of March 31, 2025 $35,884,413

FOR MORE INFORMATION
This summary report is based on detailed information generated by the City’s Finance department. If you have any questions or would like additional information on this report, please contact the Finance department at (760) 839 - 4676 or visit www.escondido.gov.

Attachment "1"
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Item15.

STAFF REPORT

May 14, 2025
File Number 0120-10

SUBJECT

BOARD AND COMMISSION MAKE-UP INTERVIEWS

DEPARTMENT
City Clerk’s Office

RECOMMENDATION
Request the City Council conduct make-up 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 conducted interviews on May 7, 2025 and this is an opportunity for candidates who were unable that meeting to be interviewed. Here is the interview format (5 minutes total per candidate):
 Introduction
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Item16.

 Questions 1. Relevant Experience: 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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Item16.

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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Item16.
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: 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"
357
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BOARD AND COMMISSION APPLICATION
Name Leila
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?
Escondido is a city of endless possibilities. It is rooted in tradition and rich in culture and diversity. My hope is the we can begin to increase our communication
within and outside our city to bring awareness county
wide and beyond about all the wonderful things that
Attachment "1"
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Item16.
make Escondido both a unique and desirable place to
live work and play. Through rebranding efforts and
increased marketing, with a strong focus on economic
development, we can ensure that our city will thrive
well into the future.

With the recent passage of Measure I we can begin to
address some of the core city functions that have been
neglected due to a lack of resources. Deferred
maintenance of our city’s infrastructure and buildings, adequate resources aimed at keeping our citizens safe
,including our unhoused population, can begin to be
addressed in a more efficient and effective manner.

Bringing in new business is far easier when a city is
viewed as to only safe but also a destination worthy of visiting. Our beautiful valley is rich in history and our parks, downtown and Center for the Arts are all assets.

The recent focus on the arts, including the addition of public murals, and collaborative efforts of the
commission and local arts organizations has inspired
me to want to be involved.

What is Your Leadership
Style?
I have been described as a visionary and collaborative
leader who believes service is the centerpiece of good
leadership. I believe in the transformative power of the arts to unite and inspire communities. With a deep
commitment to inclusivity and strategic growth, I strive to foster strong partnerships between artists,
educators, and civic leaders to ensure that the arts
remain accessible and impactful. I am an information
seeker and use active listening to ensure that all
voices are considered before making any decisions.

My leadership is defined by thoughtful engagement,
transparent communication, and a results-driven
approach. I value collaboration, actively seeking input from diverse stakeholders to shape initiatives that
Attachment "1"
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Item16.
reflect the cultural richness of Escondido. I am known
for my ability to balance creativity with pragmatism,
guiding teams toward sustainable solutions while
championing artistic excellence.

I lead with passion and integrity, empowering others to take ownership of their roles while maintaining a clear vision for the future. Whether navigating complex
organizational challenges or advocating for arts
funding, I remain will be dedicated to fostering a
thriving arts ecosystem that benefits the entire
community.

What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
I have a great deal of leadership experience in a variety of roles including: over 30 years as an Educational
Leader in Escondido in my role as a teacher, principal
of both Rock Springs and founding principal of Reidy
Creek, as district administrator I served as the parent involvement school improvement specialist and
principal mentor, and ultimately Deputy
Superintendent of both educational Services and
Human Resources . In addition I have over a decade of
experience as a board member of the San Diego
Children’s Discovery museum, nearly three years as a
board member of the CCAE where I currently serve as
the chair. I am a member of MAGEC. I established the
District Council PTA for the Escondido Union School
District. I am a current Commissioner for the
Escondido Union School District’s Merit System and
am the Senior Warden of my Church.

What is Your Vocation? Retired Elementary District Administrator Deputy Superintendent
Attachment "1"
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Item16.

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"
361
Item16.

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"
362
Item16.
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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Item16.

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"
364
Item16.

BOARD AND COMMISSION APPLICATION
Name Lorene (Lori) Hatley
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?
Escondido is a desirable place to raise a family, and
we want to continue to encourage and extend that
vision. Safety and quality of life are top priorities. We Attachment "1"
365
Item16.
need to have safe streets, and good, logical traffic,
bike, and pedestrian flow.

What is Your Leadership
Style?
I'm easy going, and desire to hear other people's
opinions and thoughts on issues, instead of just
assuming I have the only right answer.

What Civic, Non-Profit,
Community and
Professional
Organizations Have You
Served With?
I have served as the chair on the Escondido
Transportation and Community Safety Commission for
the past 2 years. I also serve the County of San Diego
as a poll worker, having done so since 2016.

What is Your Vocation? I am a retired CHP officer. Currently I own a farm in Valley Center, selling fill flowers to local wholesale
vendors.

Attachment "1"
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Item16.

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"
367
Item16.

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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Item16.

KEY-

CONSENT CALENDAR CURRENT BUSINESS

PUBLIC HEARING WORKSHOP PROCLAMATION
5/21/2025
PRESENTATION: Water Awareness Poster Contest Winners
PROCLAMATION: National Public Works Week
CONSENT CALENDAR - (A. MORROW) - NOTICE OF COMPLETION FOR THE OAKVALE ROAD REALIGNMENT PROJECT - It is requested that the City Council adopt Resolution No. 2025-XX, authorizing the Director of Utilities to file a Notice of Completion for the Oakvale Road Realignment ("ORR") Project.

CONSENT CALENDAR - (A. MORROW) - CONTINUING REPAIR OF THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN - It is requested that the City Council adopt Resolution No. 2025-54 declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The resolution, which must be passed by four-fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property.

CONSENT CALENDAR - (C. MCKINNEY) - FOXLEY DRIVE ACCEPTANCE OF THE PREVIOUSLY OFFERED ROW DEDICATION CONSENT CALENDAR - (R. VAN DE HEY) - CITYWIDE COPY, HARDWARE, SOFTWARE, AND SERVICE - It is requested that the City Council adopt Resolution No. 2025-40 authorizing the Mayor to execute two Public Service Agreements ("PSAs") CURRENT BUSINESS - (J.SCHOENECK) - ENTERING INTO A LEASE BETWEEN THE CITY OF ESCONDIDO AND THE VINE INSTITUTE, A NON-PROFIT AT 455 NORTH QUINCE STREET, ESCONDIDO, CA, 92025-2521 FOR THE CREATION AND OPERATION OF THE ESCONDIDO AGX REGIONAL INNOVATION HUB TO

SUPPPORT CURRENT AND FUTURE AGRICULTURE AND FOOD SYSTEMS IN THE CITY OF ESCONDIDO AND SOUTHERN CALIFORNIA WORKSHOP - (C.HOLMES) - FISCAL YEAR 2025/26 OPERATING BUDGET BRIEFING 5/28/2025 - NO MEETING (MEMORIAL DAY)