438
Item14.
W
ater Audit Report for:
A
udit Year:
All volu
mes to be entered as: MILLION GALLONS (US) PER YEAR
W
ATER SUPPLIED cho
ose entry option:
VO
S Volu
me from Own Sources: n g 7 6,4
22.879 M
G/Yr n g 8 vol
ume M
G/Yr un
der-registration VO
SEA
WI W
ater Imported: n g 3 M
G/Yr n g 3 pe
rcent M
G/Yr sel
ect….. W
IEA
WE W
ater Exported: n g 3 14
3.988 M
G/Yr n g 3 pe
rcent M
G/Yr sel
ect….. W
EEA
6,2
79.354 M
G/Yr
.
A
UTHORIZED CONSUMPTION
BM
AC Bille
d Metered: n g 9 5,8
72.220 M
G/Yr
BUAC Bille
d Unmetered: n g M
G/Yr
UMAC Un
billed Metered: n g M
G/Yr cho
ose entry option:
UU
AC Un
billed Unmetered: n g 3 14
.681 M
G/Yr 0.2
5% default M
G/Yr2
4061
Default option selected for Unbilled Unmetered, with automatic data grading of 3 5,8
86.901 M
G/Yr
W
ATER LOSSES 392.453 M
G/Yr
A
pparent Losses
De
fault option selected for Systematic Data Handling Errors, with automatic data grading of 3 cho ose entry option:
SD
HE Sy
stematic Data Handling Errors: n g 3 14
.681 M
G/Yr 0.2
5% default M
G/Yr
CMI Cu
stomer Metering Inaccuracies: n g 6 59
.315 M
G/Yr 1.0
0% percent M
G/Yr un
der-registration
UC Un
authorized Consumption: n g 3 14
.681 M
G/Yr 0.2
5% default M
G/Yr
Default option selected for Unauthorized Consumption, with automatic data grading of 3 88 .676 M
G/Yr
Re
al Losses
303.777 M
G/Yr
39 2.453 M
G/Yr
NON-R
EVENUE WATER
407.134 M
G/Yr
SY
STEM DATA
L
m Le
ngth of mains: n g 10 44
3.2 miles (i
ncluding fire hydrant lead lengths)
Nc Nu
mber of service connections: n g 10 27
,153 (act
ive and inactive)
Servi
ce connection density: 61 con
n./mile main
Y
es
L
p Avera
ge length of (private) customer service line: n g 10 ft (avera ge distance between property line and meter)
AOP Avera
ge Operating Pressure: n g 7 96
.1 p
si
COST
DATA
CR
UC Cu
stomer Retail Unit Charge: n g 10 $1
3.42 VP
C Vari
able Production Cost: n g 8 $4
,768.25 $
/Million gallons $/yr (optional input)
WA
TER AUDIT DATA VALIDITY TIER:
g
o to
d
ashboard
P
RIORITY AREAS FOR ATTENTION TO IMPROVE DATA VALIDITY: KEY PERFORMANCE INDICATOR TARGETS:
Base
d on the information provided, audit reliability can be most improved by addressing the following components: OPTIONAL: If targets exist for the operational performance indicators, they can be input below:
1: Volume from Own Sources (VOS) Un
it Total Losses: gal/conn/day
2: Unauthorized Consumption (UC) Un
it Apparent Losses: gal/conn/day
3: Systematic Data Handling Errors (SDHE) Un
it Real LossesA: 58
.1 gal/conn/day
Un
it Real LossesB: ga
l/mile/day
If
entered above by user, targets will display on KPI gauges (see Dashboard) g
o to start page
NON-R
EVENUE WATER:
If
entering an
Error Ad
justment,
select
under- or over-
reg
istration
W
ATER SUPPLIED:
AUTHORIZED CONSUMPTION:
Apparent Losses:
Avera
ge length of customer service line has been set to zero and a data grading of 10 has been applied A
weighted scale for the components of supply, consumption and water loss is included in the calculation of the Water Audit Data Validity Score *** The Water
Audit Data Validity Score is in Tier IV (71-90). See Dashboard tab for additional outputs. *** $
/1000 gallons (US)
$6
8,245,494
Total Annual Operating Cost
Are customer meters typically located at the curbstop/property line? A
WWA Free Water Audit Software:
Worksheet
City
of Escondido
0.463
Jan 01 2024 - Dec 31 2024
Water Supplied Error Adjustments
Calendar Year2024
Real Losses:
WATER LOSSES:
Clic
k 'g' to determine data validity grade
Click 'n' to add notes
FWAS v6.0
Amer
ican Water Works Association.
T
o access definitions, click the input name
To
edit water system info:
AW
WA Free Water Audit Software v6.0 Worksheet 1
Resolution No. 2026-67
Exhibit "A"
439
Item14.
Appendix G
Ordinance No. 2015-12R
Resolution No. 2026-67
Exhibit "A"
440
Item14.
(
ORDINANCE NO. 2015-12R
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ESCONDIDO, CALIFORNIA,
AMENDING ARTICLE 5 OF CHAPTER 31 OF
THE ESCONDIDO MUNICIPAL CODE TO ADD
RECENT STATE REQUIREMENTS FOR WATER
CONSERVATION
The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows:
SECTION 1. Article 5, Section 31-227 of Chapter 31 of the Escondido Municipal Code is hereby amended to read as follow:
Sec. 31-227 . Definitions.
The following words and phrases whenever used in this chapter shall have the meaning defined in this section.
(a) "Baseline period" means the period of time during which a customer's water use in prior years shall be used to compare to the same customers water use during a declared water shortage. The baseline period will be determined by the City Council at the time the City Council declares the appropriate water shortage response level, as outlined in section 31-232 of this article.
(b) "City" means the City of Escondido.
(c) "Customer" means any natural person, corporation , public or private entity, public or private association, public or private agency, government agency or institution, school district, college, or any other user of water provided by the City. (d) "Department" means the utilities department of the City of Escondido.
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(e) "Director" means the director of utilities of the City of Escondido, (f) "IAWP" means the Metropolitan Interim Agricultural Water Program. (g) "Measurable rainfall" means total rainfall within a 24 hour period that measures at least 0.2 inches.
(h) "Metropolitan" means the Metropolitan Water District of Southern California.
(i) "Water Authority" and "SDCWA" means the San Diego County Water Authority.
0) "Wholesale supplier" means the San Diego County Water Authority.
SECTION 2. Article 5, Sections 31-229- 31-232 of Chapter 31 of the Escondido Municipal Code are hereby amended to read as follows:
Sec. 31-229. Authorization for exceptions.
The City Manager or designee is authorized to make minor and limited exceptions to the provisions of this article, on a customer wide basis, to prevent undue hardship or unreasonable restrictions, provided that water shall not be wasted or used unreasonably, and that the purposes of this article can be accomplished. Any such exceptions should be made in writing.
Sec. 31-230. Water use restrictions and measures (at all times). (a) The following water uses are prohibited:
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(1) Watering or irrigating lawns or landscape areas in a manner causing significant runoff.
(2) Operating a fountain or other water feature that does not recirculate water. (3) Washing any vehicle with a hose not having a water shut-off nozzle. (4) Allowing water to run continuously from a hose while washing any vehicle. (5) Washing driveways, sidewalks, parking areas, patios or other hardscape areas with water, except when necessary to alleviate safety or sanitation hazards. (6) Using water (unnecessarily) for construction operations, receiving water from a construction meter or water truck for any purpose other than those required by regulatory agencies.
(7) Watering or irrigating outdoor landscaping with potable water during a measurable rainfall event or within 48 hours of measurable rainfall. (8) The installation of single pass cooling systems in buildings requesting new water connections.
(9) The installation of non-recirculating systems in new or remodeled conveyor or automatic car wash systems.
(10) The installation of non-recirculating systems in new commercial laundry systems.
(b) The following water use restrictions are required at all times:
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(1) The loss or escape of water by means of breaks, leaks or other malfunctions in the water user's plumbing or distribution system must be repaired within five (5) days of notification by the utilities department, or within such other time as determined by the director of utilities or designee.
(2) Golf courses, parks, school grounds, landscapes, and recreational fields must only be watered between the hours of 6:00 p.m. and 10:00 a.m., except for very short periods of time for the express purpose of adjusting or repairing the irrigation system. Tees and greens may be watered at any time. New plantings including grass may be watered as needed until established.
(3) Recycled water must be used, after the department has provided to the customer an analysis showing that recycled water, if available, is a cost-effective alternative to potable water and the customer has had a reasonable amount of time, as determined by the director or the director's designee to make the conversion to recycled water.
(4) A hotel or motel must provide guests the option of refusing daily laundering of towels and linens. The hotel or motel shall prominently display notice of this option in each bathroom and sleeping room using clear and easily understood language. The department shall make suitable displays available. (5) Restaurants or other public places where food is served, sold, or offered for sale, will not serve drinking water to any customer unless expressly requested by the customer. The department shall make "table tents" available to restaurants and these types of other public places alerting customers to this restriction.
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(6) All conveyor or automatic car wash systems shall have installed operational water recycling systems, or shall have secured a waiver of this requirement from the director
(7) All laundromats shall have converted one hundred (100) percent of their washers to high efficiency models, as determined by the Consortium for Energy Efficiency, by November 22, 2015.
(8) Irrigating landscapes with potable water for new construction must be consistent with regulations by established by the California Building Standards Commission and the Department of Housing and Community Development Sec. 31~231. Reserved.
Sec. 31 ~232. Water shortage response levels.
(a) Response Level One - Water Shortage Watch Condition. (1) It is the intent of the response level one to achieve up to a ten (10) percent reduction in water use when measured against the baseline period. (2) Declaration. The City Council shall declare a water shortage response level one - water shortage watch condition by resolution when the City Council determines, in its sole discretion that a declaration will help to avoid or lessen the impact of an impending water supply shortage. The types of events which may prompt the City Council to declare a water shortage response level one - water shortage watch condition may include, among other factors, a finding that the City's wholesale supplier Resolution No. 2026-67
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or metropolitan experiences shortages in their imported water supply, or must remove water from storage to meet normal demands.
(3) Public Awareness/Education. During a water shortage response level one - water shortage watch condition, the City will increase its public awareness and education efforts of water use restrictions and measures as outlined in this article. (b) Response Level Two - Water Shortage Alert Condition. (1) It is the intent of response level two to achieve up to a twenty (20) percent reduction in water use when measured against the baseline period. (2) Declaration. The City Council shall declare a water shortage response level two - water shortage alert condition by resolution when response level one actions have been taken, but the City Council determines, in its sole discretion, that there are still insufficient supplies available to meet anticipated demands. The City Council may then determine that the actions outlined in this section are necessary. (3) In addition to the water use restrictions and measures identified in subsection a, the following restrictions and measures shall be applicable:
(A) Irrigating landscape with potable water shall be limited in frequency as determined necessary by the City Council by resolution. (8) Irrigating landscapes shall not exceed ten (10) minutes per station. This provision does not apply to irrigating landscapes using water efficient devices including, but not limited to, drip-micro-irrigation systems and stream rotor sprinklers.
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(C) Operating irrigation systems that result in water not being applied to the landscaped area by virtue of any or all of the following: excessive over spray, misting, over pressurization, misaligned or tilted spray heads, or any other malfunction or out-of adjustment condition, is prohibited.
(D) Water from a construction meter or water truck for irrigation purposes must be applied between the hours of 6:00 p.m. and 10:00 a.m. Note: if the City is notified in writing that initial landscape materials will be adversely affected by these restrictions, the City may establish a reasonable schedule for initial irrigation. The City has the right to inspect all construction sites using water from a city construction meter for the efficient use of water.
(c) Response Level Three - Water Shortage Critical Condition. (1) It is the intent of response level three to achieve up to a forty (40) percent reduction in water use when measured against the baseline period. (2) The City Council shall declare a water shortage response level three - water shortage critical condition by resolution when response level two actions have been taken, but the City Council determines, in its sole discretion, that there are still insufficient supplies available to meet anticipated demands. The City Council may then determine which actions listed below are necessary by resolution. (3) In addition to water use restrictions and measures identified in subsections a and b, the following requirements shall be appli.cable as determined by resolution:
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(A) Maintaining ornamental lakes, ponds, or fountains is prohibited, except to the extent needed to sustain aquatic life, provided that such aquatic life is of significant value and have been actively managed within the water feature prior to declaration of a water shortage response level under this policy;
(B) A pool or spa must be covered during non-use periods; {C) Any washing of vehicles must be sone at commercial car washes or by mobile high pressure/low volume commercial services that recycle water; (D) Annexations to the City's water service area will be suspended; (E) Other water uses may be prohibited as determined by the director, after public notice to customers; and
(F) No new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service {such as, "will serve" letters, certificates, or letters of availability) shall be issued. This does not apply when (1) a valid, unexpired building permit has been issued prior to the level three declaration for the project or (2) the project is necessary to protect the public's health, safety and welfare.
This subsection (c)(3)(F) shall not be construed to preclude the resetting or turn on of meters to provide continuation of water service or to restore service that has been interrupted for up to a period of one (1) year.
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(d) Response Level Four- Water Shortage Emergency Condition. (1) Prohibited Uses of Water in a Water Shortage Response Level Four - Water Shortage Emergency Condition. This level will achieve the maximum possible percentage reduction in water use from the baseline period. (2) Declaration. The City Council shall declare a water shortage response level four - water shortage emergency condition by resolution when all response level three actions have been taken, but the City Council determines, in its sole discretion, that there are still insufficient supplies available to meet anticipated demands. The City Council may then determine that the actions outlined in this section are necessary. (3) Restrictions and Rates. In addition to all prohibited uses of water identified in subsections a through c, the City Council may, in its sole discretion, adopt a resolution to impose additional restrictions or prohibitions on the use of water to achieve reductions from the baseline period, or make additional adjustments to the water rates based on the City's increased costs to provide water to its customers.
SECTION 3. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.
SECTION 4. That as of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
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SECTION 5. That the City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the City of Escondido.
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(
PASSED , ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 10th day of June, 2015 by the following vote to wit:
AYES
NOES
ABSENT
Councilmembers: DIAZ, GALLO, MORASCO, MASSON, ABED
Councilmembers: NONE
: Councilmembers: NONE
ATTEST:
~ ~~
DIANE HALVERSON, City Clerk of the
City of Escondido, California
ST ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO : ss.
CITY OF ESCONDIDO )
APPROVED:
s::;;.,?~
SAM ABED, Mayor of the
City of Escondido, California
*****
I, DIANE HALVERSON, City Clerk of the City of Escondido, hereby certify that the foregoing ORDINANCE NO. 2015-12 passed at a regular meeting of the City Council of the City of Escondido held on the 10th day of June, 2015, after having been read at the regular meeting of said City Council held on the 3rd day of June, 2015.
)Y--~ ~UJL\4-n-
DIANE HALVERSON, City Clerk of the
City of Escondido, California
ORDINANCE NO. 2015-12 R
Resolution No. 2026-67
Exhibit "A"
451
Item14.
6/3/2021 ARTICLE 5. WATER CONSERVATION PLAN
https://qcode.us/codes/escondido/ 1/6
Escondido Municipal Code
Up Previous Next Main Collapse Search Print No Frames
Chapter 31 WATER
ARTICLE 5. WATER CONSERVATION PLAN
Sec. 31-225. Scope.
There is hereby established a water conservation and water shortage response plan (the “plan”), pursuant to California Water Code Section 375 et seq. (Ord. No. 2008-30(R), § 2, 10-22-08)
Sec. 31-226. Objectives.
The objectives of the plan are:
(a) To prevent water supply shortages through aggressive and effective water management programs such as water conservation, water education and use restrictions;
(b) To minimize the impact of a water supply shortage on the city’s population and economy; (c) To provide first for public health and fire protection and other essential services, then to provide for the economic health of the city, and then to provide for other uses of water; (d) To ensure that water users who have implemented exemplary conservation practices during normal-year hydrology and wet-year hydrology are not disadvantaged by the plan during shortages, a “lifeline allowance” will be established to reflect the minimum amount necessary to sustain an average household. This allowance will be established periodically by resolution of the city council. (Ord. No. 2008-30(R), § 2, 10-22-08)
Sec. 31-227. Definitions.
The following words and phrases whenever used in this chapter shall have the meaning defined in this section. (a) “Baseline period” means the period of time during which a customer’s water use in prior years shall be used to compare to the same customer’s water use during a declared water shortage. The baseline period will be determined by the city council at the time the city council declares the appropriate water shortage response level, as outlined in section 31-232 of this article.
(b) “City” means the City of Escondido.
(c) “Customer” means any natural person, corporation, public or private entity, public or private association, public or private agency, government agency or institution, school district, college, or any other user of water provided by the city.
(d) “Department” means the utilities department of the City of Escondido. (e) “Director” means the director of utilities of the City of Escondido. (f) “IAWP” means the Metropolitan Interim Agricultural Water Program. (g) “Measurable rainfall” means total rainfall within a twenty-four (24) hour period that measures at least 0.2 inches. (h) “Metropolitan” means the Metropolitan Water District of Southern California. (i) “Water authority” and “SDCWA” means the San Diego County water authority. (j) “Wholesale supplier” means the San Diego County water authority. (Ord. No. 2008-30(R), § 2, 10-22-08; Ord.
No. 2015-12R, § 1, 6-10-15)
Sec. 31-228. Exemptions and applications.
(a) The provisions of this article shall apply to all persons and property served water by the City of Escondido wherever situated, unless an exemption or variance clearly applies. (b) The provisions of this article do not apply to use of water from private wells or to recycled water.
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https://qcode.us/codes/escondido/ 2/6
(c) Nothing in this chapter shall apply to use of water that is subject to a special supply program, such as the IAWP or the SDCWA special agricultural rate programs. Violations of the conditions of special supply programs are subject to the penalties established under such applicable program. A customer using water subject to a special supply program and water provided by the city is subject to this article only with respect to the customer’s use of water provided by the city. (Ord. No. 2008-30(R), § 2, 10-22-08)
Sec. 31-229. Authorization for exceptions.
The city manager or designee is authorized to make minor and limited exceptions to the provisions of this article, on a customer wide basis, to prevent undue hardship or unreasonable restrictions, provided that water shall not be wasted or used unreasonably, and that the purposes of this article can be accomplished. Any such exceptions should be made in writing. (Ord. No. 2008-30(R), § 2, 10-22-08; Ord. No. 2015-12R, § 2, 6-10-15)
Sec. 31-230. Water use restrictions and measures (at all times). (a) The following water uses are prohibited:
(1) Watering or irrigating lawns or landscape areas in a manner causing significant runoff. (2) Operating a fountain or other water feature that does not recirculate water. (3) Washing any vehicle with a hose not having a water shut-off nozzle. (4) Allowing water to run continuously from a hose while washing any vehicle. (5) Washing driveways, sidewalks, parking areas, patios or other hardscape areas with water, except when necessary to alleviate safety or sanitation hazards.
(6) Using water (unnecessarily) for construction operations, receiving water from a construction meter or water truck for any purpose other than those required by regulatory agencies. (7) Watering or irrigating outdoor landscaping with potable water during a measurable rainfall event or within forty- eight (48) hours of measurable rainfall.
(8) The installation of single pass cooling systems in buildings requesting new water connections. (9) The installation of non-recirculating systems in new or remodeled conveyor or automatic car wash systems. (10) The installation of non-recirculating systems in new commercial laundry systems. (b) The following water use restrictions are required at all times:
(1) The loss or escape of water by means of breaks, leaks or other malfunctions in the water user’s plumbing or distribution system must be repaired within five (5) days of notification by the utilities department, or within such other time as determined by the director of utilities or designee. (2) Golf courses, parks, school grounds, landscapes, and recreational fields must only be watered between the hours of 6:00 p.m. and 10:00 a.m., except for very short periods of time for the express purpose of adjusting or repairing the irrigation system. Tees and greens may be watered at any time. New plantings including grass may be watered as needed until established.
(3) Recycled water must be used, after the department has provided to the customer an analysis showing that recycled water, if available, is a cost-effective alternative to potable water and the customer has had a reasonable amount of time, as determined by the director or the director’s designee to make the conversion to recycled water. (4) A hotel or motel must provide guests the option of refusing daily laundering of towels and linens. The hotel or motel shall prominently display notice of this option in each bathroom and sleeping room using clear and easily understood language. The department shall make suitable displays available. (5) Restaurants or other public places where food is served, sold, or offered for sale, will not serve drinking water to any customer unless expressly requested by the customer. The department shall make “table tents” available to restaurants and these types of other public places alerting customers to this restriction. (6) All conveyor or automatic car wash systems shall have installed operational water recycling systems, or shall have secured a waiver of this requirement from the director.
Resolution No. 2026-67
Exhibit "A"
453
Item14.
6/3/2021 ARTICLE 5. WATER CONSERVATION PLAN
https://qcode.us/codes/escondido/ 3/6
(7) All laundromats shall have converted one hundred (100) percent of their washers to high efficiency models, as determined by the Consortium for Energy Efficiency, by November 22, 2015. (8) Irrigating landscapes with potable water for new construction must be consistent with regulations established by the California Building Standards Commission and the department of housing and community development. (Ord. No. 2008-30(R), § 2, 10-22-08; Ord. No. 2009-16, § 1, 6-3-09; Ord. No. 2009-28, § 1, 1-6-10; Ord. No. 2015-12R, § 2, 6-10- 15)
Sec. 31-231. Reserved.
Editor’s note: Section 31-231, Additional water use restrictions, derived from Ord. Nos. 2008-30(R), 2009-16 and 2009-28, was repealed by Ord. No. 2015-12R, § 2, 6-10-15.
Sec. 31-232. Water shortage response levels.
(a) Response level one—Water shortage watch condition. (1) It is the intent of response level one to achieve up to a ten (10) percent reduction in water use when measured against the baseline period.
(2) Declaration. The city council shall declare a water shortage response level one—water shortage watch condition by resolution when the city council determines, in its sole discretion that a declaration will help to avoid or lessen the impact of an impending water supply shortage. The types of events which may prompt the city council to declare a water shortage response level one—water shortage watch condition may include, among other factors, a finding that the city’s wholesale supplier or metropolitan experiences shortages in their imported water supply, or must remove water from storage to meet normal demands.
(3) Public awareness/education. During a water shortage response level one—water shortage watch condition, the city will increase its public awareness and education efforts of water use restrictions and measures as outlined in this article.
(b) Response level two—Water shortage alert condition. (1) It is the intent of response level two to achieve up to a twenty (20) percent reduction in water use when measured against the baseline period.
(2) Declaration. The city council shall declare a water shortage response level two—water shortage alert condition by resolution when response level one actions have been taken, but the city council determines, in its sole discretion, that there are still insufficient supplies available to meet anticipated demands. The city council may then determine that the actions outlined in this section are necessary.
(3) In addition to the water use restrictions and measures identified in subsection (a), the following restrictions and measures shall be applicable:
(A) Irrigating landscape with potable water shall be limited in frequency as determined necessary by the city council by resolution.
(B) Irrigating landscapes shall not exceed ten (10) minutes per station. This provision does not apply to irrigating landscapes using water efficient devices including, but not limited to, drip-micro-irrigation systems and stream rotor sprinklers.
(C) Operating irrigation systems that result in water not being applied to the landscaped area by virtue of any or all of the following: excessive over spray, misting, over pressurization, misaligned or tilted spray heads, or any other malfunction or out-of-adjustment condition, is prohibited. (D) Water from a construction meter or water truck for irrigation purposes must be applied between the hours of 6:00 p.m. and 10:00 a.m. Note: if the city is notified in writing that initial landscape materials will be adversely affected by these restrictions, the city may establish a reasonable schedule for initial irrigation. The city has the right to inspect all construction sites using water from a city construction meter for the efficient use of water. (c) Response level three—Water shortage critical condition. (1) It is the intent of response level three to achieve up to a forty (40) percent reduction in water use when measured against the baseline period.
Resolution No. 2026-67
Exhibit "A"
454
Item14.
6/3/2021 ARTICLE 5. WATER CONSERVATION PLAN
https://qcode.us/codes/escondido/ 4/6
(2) The city council shall declare a water shortage response level three—water shortage critical condition by resolution when response level two actions have been taken, but the city council determines, in its sole discretion, that there are still insufficient supplies available to meet anticipated demands. The city council may then determine which actions listed below are necessary by resolution.
(3) In addition to water use restrictions and measures identified in subsections (a) and (b), the following requirements shall be applicable as determined by resolution:
(A) Maintaining ornamental lakes, ponds, or fountains is prohibited, except to the extent needed to sustain aquatic life, provided that such aquatic life is of significant value and have been actively managed within the water feature prior to declaration of a water shortage response level under this policy; (B) A pool or spa must be covered during non-use periods; (C) Any washing of vehicles must be done at commercial car washes or by mobile high pressure/low volume commercial services that recycle water;
(D) Annexations to the city’s water service area will be suspended; (E) Other water uses may be prohibited as determined by the director, after public notice to customers; and (F) No new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as, “will serve” letters, certificates, or letters of availability) shall be issued. This does not apply when: (1) a valid, unexpired building permit has been issued prior to the level three declaration for the project; or (2) the project is necessary to protect the public’s health, safety and welfare.
This subsection (c)(3)(F) shall not be construed to preclude the resetting or turn on of meters to provide continuation of water service or to restore service that has been interrupted for up to a period of one (1) year. (d) Response level four—Water shortage emergency condition. (1) Prohibited uses of water in a water shortage response level four—Water shortage emergency condition. This level will achieve the maximum possible percentage reduction in water use from the baseline period. (2) Declaration. The city council shall declare a water shortage response level four—water shortage emergency condition by resolution when all response level three actions have been taken, but the city council determines, in its sole discretion, that there are still insufficient supplies available to meet anticipated demands. The city council may then determine that the actions outlined in this section are necessary. (3) Restrictions and rates. In addition to all prohibited uses of water identified in subsections (a) through (c), the city council may, in its sole discretion, adopt a resolution to impose additional restrictions or prohibitions on the use of water to achieve reductions from the baseline period, or make additional adjustments to the water rates based on the city’s increased costs to provide water to its customers. (Ord. No. 2008-30(R), § 2, 10-22-08; Ord. No. 2009-16, § 3, 6-3-09; Ord. No. 2009-28, § 3, 1-6-10; Ord. No. 2015-12R, § 2, 6-10-15)
Sec. 31-233. Sudden catastrophic water supply shortage.
In accordance with the department’s emergency response plan and at the direction of the city manager, the director may determine that a sudden event has diminished, or threatens to significantly diminish, the reliability or quality of the city’s water supply. The director may declare a catastrophic water supply shortage and impose whatever emergency water allocation or conservation actions are deemed necessary, in the director’s professional judgment, to protect the reliability and quality of the city’s water supply, until the emergency passes, or until the city council may be convened to adopt a resolution or declaration of emergency, or to take other action. (Ord. No. 2008-30(R), § 2, 10-22-08)
Sec. 31-234. Notification.
(a) When a water shortage response level one—water shortage watch condition, a water shortage response level two —water shortage alert condition, a water shortage response level three—water shortage critical condition, a water shortage response level four—water shortage emergency condition, or a sudden catastrophic water supply shortage is declared, the city shall: (1) prior to the declaration provide notice of a public hearing, pursuant to California Water Code Section 352; and (2) after the declaration, publish the water shortage level in a local newspaper of general circulation, Resolution No. 2026-67
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including the implementation date of the declaration. All media will be notified by e-mail and/or fax. Notification will also be posted on the city’s website, the water conservation hot line and on the customer’s utility bills. (b) The department will inform its customers of the effective date, of the prohibited uses of water associated with the relevant stage, and encourage its customers to take additional voluntary actions to conserve water. (c) The department will inform and prepare its customers about possible restrictions on use of water and rate increases related to the higher levels of water conservation required by this plan. The department will continue to educate its customers for the duration of an impending and actual water supply shortage. (Ord. No. 2008-30(R), § 2, 10-22-08)
Sec. 31-235. Enforcement, civil and criminal penalties. (a) Any person, who uses, causes to be used, or permits the use of water in violation of this article is guilty of an offense punishable as provided herein.
(b) Each day that a violation of this article occurs is a separate offense. (c) Administrative fines may be levied for each violation of any provision of this article, pursuant to the procedures outlined in Chapter 1A of the Escondido Municipal Code, in the following amounts:
(1) One hundred dollars ($100.00) for a first violation; (2) Two hundred dollars ($200.00) for a second violation of any provision of this article during a level two—water shortage alert condition within one (1) year;
(3) Three hundred dollars ($300.00) for a second violation of any provision of this article during a level three—water shortage critical condition within one (1) year;
(4) Four hundred dollars ($400.00) for a second violation of any provision of this article during a level four—water shortage emergency condition within one (1) year;
(5) Five hundred dollars ($500.00) for each additional violation of any provision of this article within one (1) year. (d) Pursuant to California Water Code Section 377, any customer failure to implement any of the conservation measures outlined in sections 31-230 through 31-233 above may be prosecuted as a misdemeanor. Upon conviction thereof, such person may be punished by imprisonment in the county jail for not more than thirty (30) days, or by fine not exceeding one thousand ($1,000.00) dollars, or both.
(e) Violation of any provision of this policy is subject to enforcement through installation of a flow-restricting device in the meter, pursuant to California Water Code Section 356. (f) Willful violations of the mandatory conservation measures and water use restrictions set forth in section 31- 232(d)(3) and applicable during a level four water shortage emergency condition may be enforced by discontinuing service to the property at which the violation occurs, as provided by California Water Code Section 356. (g) All remedies provided for herein both civil and criminal shall be cumulative, and not exclusive. (Ord. No. 2008- 30(R), § 2, 10-22-08)
Sec. 31-236. Surcharges; Additional charges.
The city council shall establish the additional charges by resolution as follows:
(a) A water rate penalty for excess water usage during a response level two—water shortage watch condition; (b) A water rate penalty for excess water usage during a response level three—water shortage critical condition; (c) A water rate penalty for excess water usage during a response level four—water shortage emergency condition; or
(d) A surcharge for excess water use that reflects the city’s increased wholesale costs of purchasing water to provide to its customers. (Ord. No. 2008-30(R), § 2, 10-22-08)
Sec. 31-237. Variance for hardship or pending appeal.
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(a) Hardship. The director or designee may grant a variance in cases of hardship for uses of water otherwise prohibited by the regulations. Water customers who feel they need an adjustment in the prohibitions must complete an application for a variance, stating the justification and circumstances. If the variance is not granted, the customer may ask for a review in writing. If the variance is granted, it shall be temporary, and last only as long as the hardship shall continue.
(b) Interim Measures. Pending receipt of a request for a hardship variance, or pending a hearing following the appeal of an administrative citation pursuant to Section 1A-9 of this code, the director, the director’s designee, or enforcement officer may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violation and the current declared water condition.
(c) Offsets. The city council shall establish by resolution a program to provide water use credits, new meter connections, or a variance from the prohibitions of this article where water customers can demonstrate that they will offset their water use with other conservation measures. (Ord. No. 2008-30(R), § 2, 10-22-08)
Secs. 31-238—31-249. Reserved.
View the
mobile version.
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Appendix H
Public Hearing Notices
Note: This appendix is a placeholder. The document will be available in the Final UWMP.
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Appendix I
Adopted Resolution
Note: This appendix is a placeholder. The document will be available in the Final UWMP.
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RESOLUTION NO. 2026-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, ADOPTING THE WATER
SHORTAGE CONTINGENCY PLAN AND AUTHORIZING
THE DIRECTOR OF UTILITIES TO IMPLEMENT THE
MEASURES INCLUDED IN THE PLAN
WHEREAS, water is vital to the public health, the health of the economy and the environment, as well as the future of a community; and
WHEREAS, water shortage conditions are an acknowledged part of the operating environment for water districts in California; and
WHEREAS, the City of Escondido (“City”) has completed a Water Shortage Contingency Plan (“Plan”) pursuant to the requirements of the California Water Code Section 10632 et seq.; and WHEREAS, the Plan, which is on file with the Office of the City Clerk, is a formal document to provide options for managing water resources during times of water shortage conditions; and WHEREAS, the City Council has held a public hearing and reviewed and considered the Plan and received information regarding the Plan prior to and at the City Council meeting on May 13, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
2. That the City Council hereby approves and adopts the Water Shortage Contingency Plan, which is attached hereto as Exhibit “A” and is incorporated by this reference. 460
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3. That the Director of Utilities is authorized and directed to implement the measures included in the Plan as the City of Escondido’s part in the local and regional water management efforts and to accept minor changes including those that may be required by the applicable state agencies.
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2025 Urban Water Management Plan 8-1
Table of Contents
8 Water Shortage Contingency Plan .............................................................................................. 8-2
8.1 Setting ............................................................................................................................. 8-2
8.1.1 Updates Since 2020 .......................................................................................... 8-3
8.2 Water Supply Reliability Assessment .............................................................................. 8-3
8.3 Annual Water Supply and Demand Assessment ............................................................. 8-3
8.4 Six Standard Water Shortage Levels ............................................................................... 8-4
8.5 Shortage Response Actions ............................................................................................. 8-5
8.5.1 Demand Reduction ........................................................................................... 8-5
8.5.2 Supply Augmentation ....................................................................................... 8-9
8.5.3 Operational Changes ........................................................................................ 8-9
8.5.4 Additional Mandatory Restrictions .................................................................. 8-9
8.5.5 Emergency Response Plan................................................................................ 8-9
8.5.6 Seismic Risk Assessment and Mitigation Plan ................................................ 8-10
8.6 Communication Protocols ............................................................................................. 8-10
8.7 Compliance and Enforcement ....................................................................................... 8-10
8.8 Legal Authorities ........................................................................................................... 8-11
8.9 Financial Consequences of WSCP Implementation ...................................................... 8-11
8.10 Monitoring and Reporting ............................................................................................ 8-11
8.11 WSCP Refinement Procedures ...................................................................................... 8-12
8.12 Special Water Feature Distinction ................................................................................ 8-12
8.13 Plan Adoption, Submittal, and Availability ................................................................... 8-12 9 References ................................................................................................................................ 9-13 Tables
Table 8-1 Water Shortage Contingency Plan Levels ....................................................................... 8-4 Table 8-2 Demand Reduction Actions ............................................................................................ 8-6 Figures
No table of figures entries found.
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8 Water Shortage Contingency Plan
This chapter provides a summary of information from the City’s Water Shortage Contingency Plan (WSCP) to demonstrate compliance with DWR requirements outlined in the City’s WSCP, which is a standalone document that can be modified as needed and is included as Appendix A.
Chapter Overview
Summary of DWR Required WSCP Sections:
Water Supply Reliability Analysis
Annual Water Supply and Demand Assessment Procedures
Six Standard Water Shortage Levels
Shortage Response Actions
Communication Protocols
Compliance and Enforcement
Legal Authorities
Financial Consequences
Monitoring and Reporting
WSCP Refinement Procedures
Special Water Feature Distinction
Plan Adoption, Submittal, Availability, and Amendment Procedures
8.1 Setting
The WSCP describes how the City intends to predict and respond to foreseeable and unforeseeable water shortages, which occur when available water supplies are reduced to a level that cannot support typical demand at any given time. The WSCP serves as a planning document to guide the City Council, staff, and the public by identifying response actions that allow for efficient and accountable management of water shortages with predictability and transparency. While the WSCP does not provide absolute direction, it offers a range of response options to address varying water shortage conditions.
Water shortages may be triggered by hydrologic limitations in supply—such as prolonged periods of below-normal precipitation and runoff—failures or limitations in supply or treatment infrastructure, or a combination of both. Hydrologic or drought-related shortages typically develop and subside gradually, whereas infrastructure-related shortages tend to occur more suddenly and unpredictably.
Water supplies may be interrupted or substantially reduced due to events such as drought, earthquakes that damage delivery or storage facilities, regional power outages, or toxic spills that affect water quality.
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8.1.1 Updates Since 2020
Since the City’s 2020 UWMP, several Executive Orders have been issued by the state in response to prolonged drought conditions shaping water management requirements for urban water suppliers. March 2022, Executive Order N-7-22: marked a statewide drought response requiring urban water suppliers to implement Stage 2 WSCP actions, representing approximately a 20 percent supply reduction, and submit preliminary and final water supply and demand assessments by June 1 and July 1, 2022. The order also directed the State Water Board to prohibit irrigation of non-functional turf in commercial, industrial, and institutional landscapes. Suppliers without approved WSCPs were subject to default plans, reinforcing the urgency of conservation and compliance.
February 2023, Executive Order N-3-23: extended statewide drought emergency provisions, emphasizing climate uncertainty and the need for preparedness. The order supported ongoing conservation efforts and streamlined permitting for groundwater and recharge projects, reflecting a shift from mandatory restrictions toward long-term resilience planning. March 2023, Executive Order N-5-23: ended the statewide requirement for Stage 2 WSCP actions. Urban water suppliers, including the City, were permitted to return to Stage 1 or lower response levels, and emergency regulations requiring Level 2 actions expired on June 10, 2023. September 2024: a phased rollback of drought emergency provisions was lifted in 19 counties, which included major urban areas within San Diego County, including the City to return to voluntary conservation while continuing to monitor local supply conditions. In compliance with Executive Order N-7-22, the City implemented prohibitions on nonessential water use, conducted public outreach and enforcement, and reported water use data as required during the emergency period.
8.2 Water Supply Reliability Assessment
The Water Supply Reliability Assessment in Chapter 7 of this 2025 UWMP evaluates the City’s ability to meet customer demands under normal, single-dry, and multiple dry-year conditions. The analysis confirms that the City’s water supply is predominantly sourced from the Water Authority, with additional support from local reservoirs and transfers from the SLRIWA. Based on UWMP projections through 2045, no shortages are anticipated even under conservative assumptions, ensuring long-term reliability. A five-year Drought Risk Assessment (DRA), also in Chapter 7 of this 2025 UWMP, using the driest historical period from 2014 to 2018 further indicates that the City expects no supply deficits due to surplus allocations from Water Authority. While the system is robust, potential reliability risks remain, including climate change impacts, infrastructure failures, and catastrophic events, which are addressed through contingency measures and adaptive planning strategies detailed in the WSCP’s Appendix A.
8.3 Annual Water Supply and Demand Assessment
The City performs an annual assessment of water supply and demand to determine whether shortage conditions exist and if activation of a WSCP stage is necessary. This assessment is a statutory requirement under CWC Section 10632 and is designed to provide a short-term outlook on water reliability for the upcoming year.
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A key feature of this process is the City’s dependency on the Water Authority. Since the majority of the City’s water supply is imported through Water Authority, the City’s annual assessment, performed every March through June, is closely tied to Water Authority’s annual assessment. Water Authority first reviews its core water sources and member agency demands, determines if a regional shortage exists, and considers mitigation measures such as using stored reserves or supply augmentation. If Water Authority identifies a shortfall, it calculates the regional shortage level and informs member agencies, including the City of Escondido, of any required demand reductions or allocation limits. The City then incorporates this information into its own assessment, alongside local supply and demand data, to finalize its determination of shortage conditions. More detailed information for evaluation criteria for current demand, available supply, infrastructure constraints, and regulatory mandates analysis can be found in the WSCP’s Appendix A.
8.4 Six Standard Water Shortage Levels
The adoption of six standardized water shortage levels provides a consistent statewide framework for declaring shortages and implementing response actions. This approach ensures uniformity across California, making it easier for agencies, regulators, and the public to understand and respond to water shortage conditions.
Under CWC Section 10632(a)(2), urban water suppliers must define shortage levels corresponding to progressive ranges of supply reductions: up to 10%, 20%, 30%, 40%, 50%, and greater than 50%. These levels are based on actual supply conditions, such as reductions in imported water, changes in groundwater levels, or other hydrologic indicators. The standardized structure allows for clear communication, predictable enforcement, and coordinated regional and statewide drought response efforts.
For the City, aligning with these six levels also ensures consistency with the Water Authority’s regional shortage stages. This alignment helps streamline planning, reporting, and compliance with state mandates while providing flexibility to implement locally-appropriate actions at each stage.
The six standard water shortage levels are reflected in Table 8-1.
Table 8-1 Water Shortage Contingency Plan Levels
Standard Shortage
Levels
Percent
Shortage
Range Water Supply Condition
Normal Conditions 0% Permanent Water Use Efficiency Measures: Normal supply condition; in effect at all times and irrespective of the availability of water supplies or hydrologic conditions
1 Up to 10% Drought Response Level 1: Water Authority notifies the City of an anticipated or actual supply reduction specific to the City requiring a demand reduction up to 10% in order to balance demands with reduced supplies
2 Up to 20% Drought Response Level 2: Water Authority notifies the City of an anticipated or actual supply reduction specific to the City requiring a demand reduction greater than 10% and up to 20% in order to balance demands with reduced supplies
3 Up to 30% Drought Response Level 3: Water Authority notifies the City of an anticipated or actual supply reduction specific to the City requiring a demand reduction greater than 20% and up to 30% in order to balance demands with reduced supplies
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4 Up to 40% Drought Response Level 4: Water Authority notifies the City of an anticipated or actual supply reduction specific to the City requiring a demand reduction greater than 30% and up to 40% in order to balance demands with reduced supplies
5 Up to 50% Drought Response Level 5: Water Authority notifies the City of an anticipated or actual supply reduction specific to the City requiring a demand reduction greater than 40% and up to 50% in order to balance demands with reduced supplies
6 >50% Drought Response Level 6: Water Authority notifies the City of an anticipated or actual supply reduction specific to the City requiring a demand reduction greater than 50% in order to balance demands with reduced supplies
8.5 Shortage Response Actions
The City’s WSCP establishes a comprehensive set of actions to address water shortages, organized into key categories to ensure flexibility and effectiveness.
8.5.1 Demand Reduction
The City emphasizes water use efficiency with its customers at all times and expands efforts during shortage stages. Actions include:
Limiting irrigation schedules and restricting watering during rainfall events. Prompt leak detection and repair requirements.
Enhanced conservation outreach and education campaigns. Implementation of drought pricing structures or surcharges to encourage reduced consumption.
These measures ensure that conservation becomes a shared responsibility, helping the community collectively reduce demand during critical periods. Demand reduction actions are described in detail in the WSCP and are highlighted below in Table 8-2.
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Table 8-2 Demand Reduction Actions
DWR Submittal Table 8-3 Retail: Demand Reduction Actions Water Code Section 10632(a)(4)(B) and (E)
Yes Is the Supplier completing this table using the standard six levels? Shortage
Level Demand Reduction Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or Reference
Penalty, Charge,
or Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
1 Expand Public Information
Campaign
Percentage 0-100 Public awareness/education. Increase public awareness and education efforts of water use restrictions and measures.
Yes
2 Landscape - Prohibit certain
types of landscape irrigation
Percentage 0-100 Irrigating landscapes with potable water shall be limited in frequency as determined necessary by the City Council by resolution.
Yes
2 Landscape - Other landscape
restriction or prohibition
Percentage 0-100 Irrigating landscapes shall not exceed ten (10) minutes per station.
This provision does not apply to irrigating landscapes using water efficient devices including, but not limited to, drip-micro-irrigation systems and stream rotor sprinklers.
Yes
2 Landscape - Other landscape
restriction or prohibition
Percentage 0-100 Operating irrigation systems that result in water not being applied to the landscaped area by virtue of any or all of the following:
excessive over spray, misting, over pressurization, misaligned or tilted spray heads, or any other malfunction or out-of-adjustment condition, is prohibited.
Yes
2 Landscape - Limit landscape
irrigation to specific times
Percentage 0-100 Water from a construction meter or water truck for irrigation purposes must be applied between the hours of 6:00 p.m. and 10:00 a.m. Note: if the City is notified in writing that initial landscape materials will be adversely affected by these restrictions, the City may establish a reasonable schedule for initial irrigation. The City has the right to inspect all construction sites using water from a City construction meter for efficient use of water.
Yes
3 Landscape - Prohibit certain
types of landscape irrigation
Percentage 0-100 Irrigating landscapes with potable water shall be limited in frequency as determined necessary by the City Council by resolution.
Yes
3 Pools and Spas - Require
covers for pools and spas
Percentage 0-100 A pool or spa must be covered during non-use periods Yes Resolution No. 2026-68
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DWR Submittal Table 8-3 Retail: Demand Reduction Actions Water Code Section 10632(a)(4)(B) and (E)
Yes Is the Supplier completing this table using the standard six levels? Shortage
Level Demand Reduction Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or Reference
Penalty, Charge,
or Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
3 Other - Prohibit vehicle
washing except at facilities
using recycled or
recirculating water
Percentage 0-100 Any washing of vehicles must be done at commercial car washes or by mobile high pressure/low volume commercial services that recycle water.
Yes
3 Other - Customers must
repair leaks, breaks, and
malfunctions in a timely
manner
Percentage 0-100 Repair leaks within 48 hours of being notified by the City Yes 4 Water Features - Restrict
water use for decorative
water features, such as
fountains
Percentage 0-100 Maintaining ornamental lakes, ponds, or fountains is prohibited, except to the extent needed to sustain aquatic life, provided that such aquatic life is of significant value and have been actively managed within the water feature prior to declaration of a water shortage response level under this policy
Yes
4 Other Percentage 0-100 Annexations to the City's water service area will be suspended Yes 5 Other Percentage 0-100 Impose additional restrictions or prohibitions on the use of water to achieve reductions from the baseline period or make additional adjustments to the water rates based on the City's increased costs to provide water to its customers
Yes
5 Other Percentage 0-100 No new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water (such as, "will serve" letters, certificates, or letters of availability) shall be issued. This does not apply when: (1) a valid, unexpired building permit has been issued prior to the level three declaration for the project; or (2) the project is necessary to protect the public's health, safety and welfare.
Yes
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DWR Submittal Table 8-3 Retail: Demand Reduction Actions Water Code Section 10632(a)(4)(B) and (E)
Yes Is the Supplier completing this table using the standard six levels? Shortage
Level Demand Reduction Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or Reference
Penalty, Charge,
or Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
5 Landscape - Prohibit certain
types of landscape irrigation
Percentage 0-100 Stop all landscape irrigation that uses potable water except crops and landscape products of commercial growers and nurseries with exceptions for: (1) maintenance of trees and shrubs using schedules allowed under these measures by using a bucket, hand- held hose with positive shut-off nozzle, or low-volume non-spray irrigation; (2) maintenance of existing landscaping necessary for fire protection; (3) maintenance of existing landscaping for erosion control; (4) maintenance of plant materials identified to be rare or essential to the well-being of rare animals; (5) maintenance of landscaping within active public parks and playing fields, day care centers, school grounds, cemeteries and golf courses according to the schedules allowed under these measures; (6) watering of livestock; and (7) public works projects and actively irrigated environmental projects
Yes
6 Landscape - Other landscape
restriction or prohibition
Percentage 0-100 Stop all landscape irrigation that uses potable water except crops and landscape products of commercial growers and nurseries with exceptions for: (1) maintenance of existing landscaping necessary for fire protection; (2) maintenance of existing landscaping for erosion control; (3) maintenance of plant materials identified to be rare or essential to the well-being of rare animals; (4) watering of livestock; and (5) public works projects and actively irrigated environmental projects.
Yes
Note: One or more of the shortage response actions listed for Level 1 will be implemented and expanded as the shortage levels increase. 1 The effectiveness of actions initiated at each shortage response is challenging to measure and can vary significantly. The City will implement an adaptive program to ensure the required reductions are attained
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8.5.2 Supply Augmentation
The City does not plan to develop new supply sources during shortages. Instead, it relies primarily on:
Additional imported water through the Water Authority. Use of regional storage reserves managed by Water Authority when available.
These measures ensure that conservation becomes a shared responsibility, helping the community collectively reduce demand during critical periods.
8.5.3 Operational Changes
Operational adjustments may be implemented to maximize efficiency and reduce demand, including:
Reducing line flushing to essential compliance only.
Monitoring construction water use for efficiency.
Implementing drought rate structures or emergency tiered pricing. Deferring non-critical capital improvement projects and major maintenance to offset financial impacts.
Such operational adjustments allow the City to optimize resources and maintain essential services while minimizing financial strain during shortages.
8.5.4 Additional Mandatory Restrictions
Permanent prohibitions apply at all times and are enforced during shortages. These include:
Preventing irrigation runoff.
Prohibiting non-recirculating fountains and decorative water features. Restricting washing of hardscape surfaces except for health or safety reasons. Requiring water-efficient systems in car washes and laundromats.
These permanent prohibitions reinforce the City’s commitment to preventing water waste and safeguarding supplies under all conditions.
8.5.5 Emergency Response Plan
In catastrophic shortage conditions, the City activates emergency protocols such as:
Filling distribution reservoirs to capacity.
Deploying portable generators to critical facilities. Prioritizing repairs to maintain firefighting and health needs. Communicating clear public guidance on allowable uses and emergency water availability.
Through proactive emergency protocols, the City can act swiftly to protect public health, safety, and essential water services during catastrophic events.
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8.5.6 Seismic Risk Assessment and Mitigation Plan
The City complies with the America’s Water Infrastructure Act (AWIA) by maintaining a Risk and Resilience Assessment (RRA) and Emergency Response Plan (ERP). These plans identify vulnerabilities, address seismic risks, and outline mitigation strategies to ensure long-term system resilience. Further, the San Diego County’s 2023 Multi-Jurisdictional Hazard Mitigation Plan also addresses risk assessment and mitigation for multiple emergency types that could create a water supply interruption and can be found at
www.sandiegocounty.gov/oes/emergency_management/oes_jl_mitplan.html.
8.6 Communication Protocols
The City’s WSCP establishes a comprehensive communication framework to ensure timely and effective outreach during water shortage conditions. The primary goal is to keep customers, the public, and local officials informed about current or anticipated shortages, required conservation measures, and available resources. Further detail on these protocols is outlined in Appendix A of the WSCP.
Coordination: During droughts or other supply limitations, the City will coordinate closely with the Water Authority and neighboring water districts to maintain consistent messaging and minimize confusion. Water Authority will lead regional outreach efforts, while the City will supplement these with Escondido-specific information as needed. Key Audiences: The communication strategy targets all water users within the City’s service area, including customers both inside and outside city boundaries. Objectives: Messaging will focus on motivating immediate conservation actions, raising awareness of drought or regulatory conditions affecting water supplies, and demonstrating the effectiveness of conservation measures in reducing shortage stages and protecting the region’s economy and quality of life.
Flexibility and Adaptability: Recognizing that water shortage conditions can vary significantly, the communication plan is designed to be flexible. It provides recommended strategies and tactics for escalating shortage levels but allows staff to tailor approaches based on factors such as severity, budget, seasonal conditions, and regulatory requirements of the WSCP Appendix A, Table 3 outlines staged communication mechanisms, some of which may be implemented by Water Authority.
8.7 Compliance and Enforcement
In accordance with CWC Section 10632(a)(6), the City emphasizes education as the primary approach to address violations of water use restrictions during shortage conditions. When educational efforts are ineffective, enforcement measures outlined in Section 31-235 of the City’s Municipal Code will apply. These measures may include fines, installation of flow-restricting devices, and other civil or criminal penalties. The Municipal Code will be updated by City Council action to align with revised water shortage levels in Section 31-232. Current fine structures are specified in the City’s Municipal Code.
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8.8 Legal Authorities
The City has broad legal authority under California law to implement and enforce water shortage contingency measures. This authority is derived from multiple provisions, including:
California Constitution Article X, Section 2 and Water Code Section 100, which require water to be used beneficially and prohibit waste or unreasonable use. Water Code Sections 350–377, granting authority to declare a water shortage emergency and impose conservation measures when ordinary demands cannot be met without depleting supplies.
Additional statutes under Water Code Chapters 3.3 and 3.5, Division 6, and the California Emergency Services Act, which allow enforcement of water use restrictions during emergencies. Upon a Governor’s proclamation of a state of emergency due to drought, local WSCP implementation takes precedence where practicable.
The City may restrict water use and prohibit waste for all non-essential purposes to protect public health, sanitation, and fire protection. It will also coordinate with local jurisdictions, including the County of San Diego and the Water Authority, when declaring a local emergency.
8.9 Financial Consequences of WSCP Implementation
Implementing the WSCP can have significant financial impacts on the City. Reduced water sales during shortage conditions result in lower revenue, while compliance and enforcement activities may increase operational costs. The City adjusted water and wastewater rates in 2023 (effective January 1, 2025) to address rising wholesale costs, fund critical capital improvement projects, and enhance system reliability.
To mitigate financial impacts, the City may rebalance water sources to reduce costs, such as drawing more from local storage once infrastructure upgrades are complete. Robust operating and capital improvement reserves are available for short-term needs, though long-term replenishment may require rate adjustments.
Additional costs may arise from monitoring and enforcing compliance during shortage stages, including staff time and outreach efforts. These costs will be tracked when a shortage is declared.
8.10 Monitoring and Reporting
The City will annually track supplies and projected demands and activate the WSCP when supply conditions warrant, using demand monitoring to confirm whether response actions are achieving the required reductions. Water savings will be evaluated using monthly production reports compared against past months, the same month in previous years, and allocated supplies, with assessments beginning at the sector level and expanding to individual accounts if necessary while accounting for weather and other influencing factors. Additionally, the City will continue submitting the State Water Board Urban Water Supplier Monthly Water Conservation Report detailing shortage stages, production data, water use categories, enforcement, compliance, and response actions— and integrate this reporting into its annual WSCP assessment process.
Resolution No. 2026-68
Exhibit "A"
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City of Escondido
2025 Urban Water Management Plan
8-12
8.11 WSCP Refinement Procedures
The WSCP is designed to be adaptive and updated as needed to address both foreseeable and unforeseen water shortage conditions. To maintain effectiveness, the City will continually evaluate requirements, criteria, and response actions based on lessons learned during implementation and results from monitoring and reporting programs.
Potential refinements will be documented and incorporated into the next WSCP update. Changes that may warrant an update include adjustments to shortage level triggers, modifications to the stage structure, or the addition of new response actions. Newly identified actions may initially be introduced as voluntary measures until formally adopted as mandatory.
8.12 Special Water Feature Distinction
In compliance with CWC Section 10623(b), the City distinguishes between water features such as ponds, lakes, waterfalls, fountains, and swimming pools or spas. Non-pool water features may use recycled water, whereas pools and spas require potable water for health and safety reasons.
Under normal conditions, ornamental fountains and decorative water features must use recirculated water. During a Stage 4 shortage, filling or refilling ornamental lakes or ponds is prohibited, except when necessary to sustain aquatic life of significant value that was actively managed prior to the declaration of the shortage stage.
8.13 Plan Adoption, Submittal, and Availability
The City’s WSCP was prepared and will be adopted in accordance with California Water Code Section 10632(a)(3)(C). The WSCP will be presented at a duly noticed public hearing and formally adopted by the City Council on May 13, 2026. Required public and agency notifications were provided, and the WSCP was made available for public review prior to adoption.
Following adoption, the WSCP was made publicly available within 30 days and submitted electronically to the Department of Water Resources (DWR) through the Water Use Efficiency (WUE) Data Portal concurrent with the UWMP. Hard copies of the adopted WSCP and UWMP were submitted to the California State Library, and copies were distributed to applicable cities and counties within the City’s service area within 30 days of adoption. Any future amendments required by DWR will be adopted by the City Council and resubmitted to DWR within 30 days of adoption.
Resolution No. 2026-68
Exhibit "A"
473
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References
2025 Urban Water Management Plan 9-13
9 References
City of Escondido. 2023. Resolution No. 2023-131: Water and wastewater rate adjustment. (Effective January 1, 2025). Retrieved from:
https://www.escondido.gov/DocumentCenter/View/4445/Resolution-Number-2023-131- PDF
_______. 2025. Draft Water Shortage Contingency Plan. San Diego County. 2023. Multi- Jurisdictional Hazard Mitigation Plan. Retrieved from:
https://www.sandiegocounty.gov/content/dam/sdc/oes/emergency_management/HazMit/ 2023/MJHMP_SD%20County%20Base%20Plan%202023.pdf
Resolution No. 2026-68
Exhibit "A"
474
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ORDINANCE NO. 2026-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, ADOPTING AND ADDING TO
THE ESCONDIDO MUNICIPAL CODE CHAPTER 31,
ARTICLE 5, SECTIONS 31-232 WATER SHORTAGE
WHEREAS, the California Water Code § 10632 requires all urban water suppliers providing water for municipal purposes to more than 3,000 customers to prepare and adopt an Urban Water Management Plan every five years, demonstrating water supply reliability in normal, single dry, and multiple dry water years; and
WHEREAS, the City of Escondido has approximately 27, 170 active water service connections; and WHEREAS, the City of Escondido ’s Urban Water Management Plan must be submitted to the Department of Water Resources by July 1 of years ending in 1 and 6, aligning with the statewide planning cycle; and
WHEREAS, the Water Shortage Contingency Plan is a standalone operational document that outlines the City of Escondido’s staged response to temporary water shortages, whether caused by drought, supply interruptions, infrastructure failures, or regulatory constraints; and WHEREAS, the City of Escondido relies on state grant and loan programs , including those administered by the Department of Water Resources, the State Water Resources Control Board, and other agencies; and
WHEREAS, adoption of the Water Shortage Contingency Plan , as part of the Urban Water Management Plan, ensures compliance with the California Water Code requirements and maintains eligibility for state-funded drought relief and infrastructure grants; and 475
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WHEREAS, the Utilities Department, Environmental Programs, is proposing to add two shortage response levels to Chapter 31, Article 5, Section 31-232, for a total of six water shortage response levels, which indicate the gap in supply compared to the normal year availability , to align with the San Diego County Water Authority’s shortage stages.
NOW, THEREFORE, the City Council of the City of Escondido, California, does ordain as follows:
SECTION 1. That the above recitations are true.
SECTION 2. That Escondido Municipal Code Chapter 31, Article 5, Section 31-232, regulates water shortage response levels, is hereby amended as set forth in Exhibit “A” to this Ordinance, which is attached heretoand incorporated by this reference as though fully set forth herein.
SECTION 3. SEVERABILITY. If any section, subsection , sentence, clause, phrase, or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions.
SECTION 4. As of the effective date of this Ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. The City Clerk is hereby directed to certify 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 of Escondido, CA
§ 31-225 § 31-227
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Ordinance No. 2026-10
Exhibit “A”
ARTICLE 5
WATER CONSERVATION PLAN
§ 31-225. Scope.
There is hereby established a water conservation and water shortage response plan (the "plan"), pursuant to California Water Code Section 375 et seq. (Ord. No. 2008-30(R), § 2, 10-22-08)
§ 31-226. Objectives.
The objectives of the plan are:
(a) To prevent water supply shortages through aggressive and effective water management programs such as water conservation, water education and use restrictions;
(b) To minimize the impact of a water supply shortage on the city's population and economy;
(c) To provide first for public health and fire protection and other essential services, then to provide for the economic health of the city, and then to pro vide for other uses of water;
(d) To ensure that water users who have implemented exemplary conservation practices during normal-year hydrology and wet-year hydrology are not disadvantaged by the plan during shortages, a "lifeline allowance" will be establishe d to reflect the minimum amount necessary to sustain an average household. This allowance will be established periodically by resolution of the city council. (Ord. No. 2008-30(R), § 2, 10-22-08)
§ 31-227. Definitions.
The following words and phrases whenever used in this chapter shall have the meaning defined in this section.
"Baseline period" means the period of time during which a customer's water use in prior years shall be used to compare to the same customer's water use during a declared water shortage. The baseline period will be determined by the city council at the time the city council declares the appropriate water shortage response level, as outlined in section 31- 232 of this article.
"City" means the City of Escondido.
"Customer" means any natur al person, corporation, public or private entity, public or private association, public or private agency, government agency or institution, school district, college, or any other user of water provided by the city. "Department" means the utilities department of the City of Escondido. "Director" means the director of utilities of the City of Escondido. 477
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Ordinance No. 2026-10
Exhibit “A”
§ 31-227 § 31-230
"IAWP" means the Metropolitan Interim Agricultural Water Program. "Measurable rainfall" means total rainfall within a 24 hour period that measures at least
0.2 inches.
"Metropolitan" means the Metropolitan Water District of Southern California. "Water authority" and "SDCWA" means the San Diego County water authority. "Wholesale supplier" means the San Diego County water authority. (Ord. No. 2008-30(R), § 2, 10-22-08; Ord. No. 2015-12R, § 1, 6-10-15)
§ 31-228. Exemptions and applications.
(a) The provisions of this article shall apply to all persons and property served water by the City of Escondido wherever situated, unless an exemption or variance clearly applies.
(b) The provisions of this article do not apply to use of water from private wells or to recycled water.
(c) Nothing in this chapter shall apply to use of water that is subject to a special supply program, such as the IAWP or the SDCWA special agricultural rate progra ms.
Violations of the conditions of special supply programs are subject to the penalties established under such applicable program. A customer using water subject to a special supply program and water provided by the city is subject to this article only with respect to the customer's use of water provided by the city. (Ord. No. 2008-30(R), § 2, 10-22-08)
§ 31-229. Authorization for exceptions.
The city manager or designee is authorized to make minor and limited exceptions to the provisions of this article, on a customer wide basis, to prevent undue hardship or unreasonable restrictions, provided that water shall not be wasted or used unreasonably, and that the purposes of this article can be accomplished. Any such exceptions should be made in writing.
(Ord. No. 2008-30(R), § 2, 10-22-08; Ord. No. 2015-12R, § 2, 6-10-15)
§ 31-230. Water use restrictions and measures (at all times). (a) The following water uses are prohibited:
(1) Watering or irrigating lawns or landscape areas in a manner causing significant runoff.
(2) Operating a fountain or other water feature that does not recirculate water. (3) Washing any vehicle with a hose not having a water shut-off nozzle. (4) Allowing water to run continuously from a hose while washing any vehicle. (5) Washing driveways, sidewalks, parking areas, patios or other hardscape areas 478
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Ordinance No. 2026-10
Exhibit “A”
§ 31-230 § 31-230
with water, except when necessary to alleviate safety or sanitation hazards. (6) Using water (unnecessarily) for construction operations, receiving water from a construction meter or water truck for any purpose other than those required by regulatory agencies.
(7) Watering or irrigating outdoor lands caping with potable water during a measurable rainfall event or within 48 hours of measurable rainfall. (8) The installation of single pass cooling systems in buildings requesting new water connections.
(9) The installation of non-recirculating systems in new or remodeled conveyor or automatic car wash systems.
(10) The installation of non -recirculating systems in new commercial laundry systems.
(b) The following water use restrictions are required at all times:
(1) The loss or escape of water by means of breaks, leaks or other malfunctions in the water user's plumbing or distribution system must be repaired within five days of notification by the utilities department, or within such other time as determined by the director of utilities or designee.
(2) Golf courses, parks, school g rounds, landscapes, and recreational fields must only be watered between the hours of 6:00 p.m. and 10:00 a.m., except for very short periods of time for the express purpose of adjusting or repairing the irrigation system. Tees and greens may be watered at any time. New plantings including grass may be watered as needed until established. (3) Recycled water must be used, after the department has provided to the customer an analysis showing that recycled water, if available, is a cost - effective alternative to p otable water and the customer has had a reasonable amount of time, as determined by the director or the director's designee to make the conversion to recycled water.
(4) A hotel or motel must provide guests the option of refusing daily laundering of towels and linens. The hotel or motel shall prominently display notice of this option in each bathroom and sleeping room using clear and easily understood language. The department shall make suitable displays available. (5) Restaurants or other public places where food is served, sold, or offered for sale, will not serve drinking water to any customer unless expressly requested by the customer. The department shall make "table tents" available to restaurants and these types of other public places alerting customers to th is restriction.
(6) All conveyor or automatic car wash systems shall have installed operational water recycling systems, or shall have secured a waiver of this requirement from the director.
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Ordinance No. 2026-10
Exhibit “A”
§ 31-230 § 31-232
(7) All laundromats shall have converted 100% of their washers to high efficiency models, as determined by the Consortium for Energy Efficiency, by November 22, 2015.
(8) Irrigating landscapes with potable water for new construction must be consistent with regulations established by the Cal ifornia Building Standards Commission and the department of housing and community development. (Ord. No. 2008-30(R), § 2, 10-22-08; Ord. No. 2009-16, § 1, 6-3-09; Ord. No. 2009-28, § 1, 1-6-10; Ord. No. 2015-12R, § 2, 6-10-15)
§ 31-231. (Reserved)
Editor's note: Section 31-231, Additional water use restrictions, derived from Ord. Nos. 2008-30(R), 2009-16 and 2009-28, was repealed by Ord. No. 2015-12R, § 2, 6-10-15.
§ 31-232. Water shortage response levels.
(a) Response level one—Water shortage watch condition.
(1) It is the intent of response level one to achieve up to a 10% reduction in water use when measured against the baseline period.
(2) Declaration. The city council shall declare a water shortage response level one—water shortage watch condition by resolution when the city council determines, in its sole discretion that a declaration will help to avoid or lessen the impact of an impending water supply shortage. The types of events which may prompt the city council to declare a water shortage response level one— water shortage watch condition may include, among other factors, a finding that the city's wholesale supplier or metropolitan experiences shortages in their imported water supply, or must remove water from storage to meet normal demands.
(3) Public awareness/education. During a water shortage response level one — water shortage watch condition, the city will increase its public awareness and education efforts of water use restrictions and measures as outlined in this article.
(b) Response level two—Water shortage alert condition.
(1) It is the intent of response level two to achieve up to a 20% reduction in water use when measured against the baseline period.
(2) Declaration. The city council shall declare a water shortage response level two—water shortage alert co ndition by resolution when response level one actions have been taken, but the city council determines, in its sole discretion, that there are still insufficient supplies available to meet anticipated demands.
The city council may then determine that the a ctions outlined in this section are necessary.
(3) In addition to the water use restrictions and measures identified in subsection 480
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Ordinance No. 2026-10
Exhibit “A”
§ 31-232 § 31-232
(a), the following restrictions and measures shall be applicable:
(A) Irrigating landscape with potable water shall be limited in frequency as determined necessary by the city council by resolution. (B) Irrigating landscapes shall not exceed 10 minutes per station. This provision does not apply to irrigating landscapes using water efficient devices including, but not limited to, drip -micro-irrigation systems and stream rotor sprinklers.
(C) Operating irrigation systems that result in water not being applied to the landscaped area by virtue of any or all of the following: excessive over spray, misting, over pressurization, misaligned or tilted spray heads, or any other malfunction or out-of-adjustment condition, is prohibited. (D) Water from a construction meter or water truck for irrigation purposes must be applied between the hours of 6:00 p.m. and 10:00 a.m. N ote: if the city is notified in writing that initial landscape materials will be adversely affected by these restrictions, the city may establish a reasonable schedule for initial irrigation. The city has the right to inspect all construction sites using w ater from a city construction meter for the efficient use of water.
(c) Response level three—Water shortage critical condition. (1) It is the intent of response level three to achieve up to a 40% reduction in water use when measured against the baseline period.
(2) The city council shall declare a water shortage response level three —water shortage critical condition by resolution when response level two actions have been taken, but the city council determines, in its sole discretion, that there are still insufficient supplies available to meet anticipated demands. The city council may then determine which actions listed below are necessary by resolution.
(3) In addition to water use restrictions and measures identified in subsections (a) and (b), the following requirement s shall be applicable as determined by resolution:
(A) Maintaining ornamental lakes, ponds, or fountains is prohibited, except to the extent needed to sustain aquatic life, provided that such aquatic life is of significant value and have been actively managed within the water feature prior to declaration of a water shortage response level under this policy;
(B) A pool or spa must be covered during non-use periods; (C) Any washing of vehicles must be done at commercial car washes or by mobile high pressure/low volume commercial services that recycle water; (D) Annexations to the city's water service area will be suspended; 481
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Ordinance No. 2026-10
Exhibit “A”
§ 31-232 § 31-234
(E) Other water uses may be prohibited as determined by the director, after public notice to customers; and
(F) No new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as, "will serve" letters, certificates, or letters of availability) shall be issued. This does not apply when: (1) a valid, unexpired building permit has been issued prior to the level three declaration for the project; or (2) the project is necessary to protect the public's health, safety and welfare.
This subsection (c)(3)(F) shall not be construed to preclude the resetting or turn on of meters to provide continuation of water service or to restore service that has been interrupted for up to a period of one year. (d) Response level four—Water shortage emergency condition. (1) Prohibited uses of water in a water shortage response level four —Water shortage emergency condition. This level will achieve the maximum possible percentage reduction in water use from the baseline period. (2) Declaration. The city council shall declare a wat er shortage response level four—water shortage emergency condition by resolution when all response level three actions have been taken, but the city council determines, in its sole discretion, that there are still insufficient supplies available to meet anticipated demands. The city council may then determine that the actions outlined in this section are necessary.
(3) Restrictions and rates. In addition to all prohibited uses of water identified in subsections (a) through (c), the city council may, in its sole discretion, adopt a resolution to impose additional restrictions or prohibitions on the use of water to achieve reductions from the baseline period, or make additional adjustments to the water rates based on the city's increased costs to provide water to its customers.
(e) Response level five—Water shortage severe condition. (1) It is the intent of response level five to achieve a demand reduction greater than 40% and up to 50% when measured against the baseline period. (2) Declaration. The city council shall declare a water shortage response level five—water shortage severe condition by resolution when the city receives notification from its wholesale water authority of an anticipated or actual water supply reduction specific to the city requiring a demand reduction greater than 40% and up to 50% in order to balance water demands with reduced supplies. (f) Response level six—Water shortage extreme condition. (1) It is the intent of response level six to achieve a demand reduction greater than 50% when measured against the baseline period.
(2) Declaration. The city council shall declare a water shortage response level 482
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Ordinance No. 2026-10
Exhibit “A”
six—water shortage extreme condition by resolution when the city receives notification from its wholesale water authority of an anticipated or actual water supply reduction specific to the city requiring a demand reduction greater than 50% in order to balance water demand with reduced supplies.
(Ord. No. 2008-30(R), § 2, 10-22-08; Ord. No. 2009-16, § 3, 6-3-09; Ord. No. 2009-28, § 3, 1-6-10; Ord. No. 2015-12R, § 2, 6-10-15)
§ 31-233. Sudden catastrophic water supply shortage.
In accordance with the department's emergency response plan and at the direction of the city manager, the director may determine that a sudden event has diminished, or threatens to significantly diminish, the reliability or quality of the city's water supply. The director may declare a catastrophic water supply shortage and impose whatever emergency water allocation or conservation actions are deemed necessary, in the director's professional judgment, to protect the reliability and quality of the city's water supply, until the emergency passes, or until the city council may be convened to adopt a resolution or declaration of emergency, or to take other action.
(Ord. No. 2008-30(R), § 2, 10-22-08)
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Ordinance No. 2026-10
Exhibit “A”
§ 31-234 § 31-235
§ 31-234. Notification.
( a) When a water shortage response level one—water shortage watch condition, a water shortage response level two—water shortage alert condition, a water shortage response level three —water shortage critical condition, a water shortage response level four —water shortage emergency condition, or a sudden catastrophic water supply shortage is declared, the city shall: (1) prior to the declaration provide notice of a public hearing, pursuant to California Water Code Section 352(2); and after the declaration, publish the water shortage level in a local newspaper of general circulation, including the implementation date of the declaration. All media will be notified by e-mail and/or fax. Notification will also be posted on the city's website, the water conservation hot line and on the customer's utility bills. ( b) The department will inform its customers of the effective date, of the prohibited uses of water associated with the relevant stage, and encourage its customers to take additional voluntary actions to conserve water.
( c) The department will inform and prepare its customers about possible restrictions on use of water and rate increases related to the higher levels of water conservation required by this plan. The department will continue to educate its customers for the duration of an impending and actual water supply shortage. (Ord. No. 2008-30(R), § 2, 10-22-08)
§ 31-235. Enforcement, civil and criminal penalties.
(a) Any person, who uses, causes to be used, or permits the use of water in violation of this article is guilty of an offense punishable as provided herein. (b) Each day that a violation of this article occurs is a separate offense. (c) Administrative fines may be levied for each violation of any provision of this article, pursuant to the procedures outlined in Chapter 1A of the Escondido Municipal Code, in the following amounts:
(1) One hundred dollars for a first violation;
(2) Two hundred dollars for a second violation of any provision of this article during a level two—water shortage alert condition within one year; (3) Three hundred dollars for a second violation of any provision of this article during a level three—water shortage critical condition within one year; (4) Four hundred dollars for a second violat ion of any provision of this article during a level four—water shortage emergency condition within one year; (5) Five hundred dollars for each additional violation of any provision of this article within one year.
(d) Pursuant to California Water Code Section 377, any customer failure to implement any of the conservation measures outlined in sections 31-230 through 31-233 above may be prosecuted as a misdemeanor. Upon conviction thereof, such person may 484
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Exhibit “A”
§ 31-235 § 31-237
be punished by imprisonment in the county jail for not more than 30 days, or by fine not exceeding $1,000, or both.
(e) Violation of any provision of this policy is subject to enforcement through installation of a flow -restricting device in the meter, pursuant to California Water Code Section 356.
(f) Willful violations of the mandatory conservation measures and water use restrictions set forth in section 31-232(d)(3) and applicable during a level four water shortage emergency condition may be enforced by discontinuing service to the property at which the violation occurs, as provided by California Water Code Section 356.
(g ) All remedies provided for herein both civil and criminal shall be cumulative, and not exclusive.
(Ord. No. 2008-30(R), § 2, 10-22-08)
§ 31-236. Surcharges; Additional charges.
The city council shall establish the additional charges by resolution as follows:
(a) A water rate penalty for excess water usage during a response level two —water shortage watch condition;
(b) A water rate penalty for excess water usage during a response level three —water shortage critical condition;
(c) A water rate penalty for excess water usage during a response level four —water shortage emergency condition; or
(d) A surcharge for excess water use that reflects the city's increased wholesale costs of purchasing water to provide to its customers.
(Ord. No. 2008-30(R), § 2, 10-22-08)
§ 31-237. Variance for hardship or pending appeal.
(a) Hardship. The director or designee may grant a variance in cases of hardship for uses of water otherwise prohibited by the regulations. Water customers who feel they need an adjustment in the prohibitions must complete an application for a variance, stating the justification and circumstances. If the variance is not granted, the customer may ask for a review in writing. If the variance is granted, it shall be temporary, and last only as long as the hardship shall continue. (b) Interim Measures. Pending receipt of a request for a hardship variance, or pending a hearing following the appeal of an administrative citation pursuant to Section 1A- 9 of this code, the director, the director's designee, or enforcement officer may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violation and the current declared water condition. (c) Offsets. The city council shall establish by resolution a program to provide water 485
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Ordinance No. 2026-10
Exhibit “A”
§ 31-237 § 31-238
use credits, new meter connections, or a variance from the prohibitions of this article where water customers can demonstr ate that they will offset their water use with other conservation measures.
(Ord. No. 2008-30(R), § 2, 10-22-08)
§ 31-238. through § 31-249. (Reserved)
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STAFF REPORT
May 13, 2026
File Number 0680-10
SUBJECT
AMENDMENT TO LOCAL ENCAMPMENT ORDINANCE
DEPARTMENTS
Public Works and City Attorney
RECOMMENDATION
Request the City Council adopt Ordinance No. 2026-08, amending Escondido Municipal Code section 17-
8.1 through section 17-8.7 relating to regulations of encampments on public property.
Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works and City Attorney’s Office: Michael McGuinness, City Attorney)
Presenter: Jake Nyberg, Assistant Director of Public Works and Mathew Ciremele, Police Sergeant 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 – Be Business Friendly, Build Trust and Accountability, Drive Community and Land Development, Financial Stewardship, Prioritize Public Safety
FISCAL ANALYSIS
The proposed changes will save the City money in reduced trips to abate encampments . The n et fiscal impact of the adoption of the Ordinance is dependent on factors such as future volume of reported camps, voluntary compliance of occupants, and the quantity of the storage of items deemed of reasonable value.
The City can reasonably expect increases in new business attraction and retention due to well-maintained public property. This will lik ely create an inviting environment for investment and increased property values.
PREVIOUS ACTION
In 2024, the Ad-Hoc Subcommittee on Homelessness (“Subcommittee”) recommended that the full City Council adopt a Policy Statement on Homelessness (“Policy”). On February 28, 2024, City Council adopted the Policy. On July 10, 2024, City Council passed Ordinance No. 2024-06. As of September 10, 2024, City staff began implementing the regulations related to encampments. 487
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BACKGROUND AND HISTORY
Recent Case Law
The increased presence of homeless encampments on public property has been difficult to effectively address over the past several years. The reasons for this proliferation over this time period are numerous and complex. On June 28, 2024, the U.S. Supreme Court issued its decision in City of Grants Pass, Oregon v. Johnson, 603 U.S. 520 (2024). In a 6-3 ruling, the U.S. Supreme Court held that laws prohibiting camping on public property do not violate the Eighth Amendment's prohibition against cruel and unusual punishment, reversing previous lower court rulings. The decision allow s cities to enforce ordinances against sleeping or camping in public spaces, even if they do not provide shelter options.
Ad Hoc Subcommittee Review
The current Ordinance has been in effect for twenty -one months. The Subcommittee sought an update to evaluate its effectiveness and to ascertain (1) if there were any additional lawful enforcement tools for the Escondido Police Department and (2) practical considerations from the Public Works Department. On March 24, 2026, the Escondido Police Department and the Public Works Department gave the Subcommittee an update on some of the operational challenges of the current Ordinance and provided recommendations to fix those challenges . The Subcommittee recommended the proposed amendment to the Ordinance and for it to be moved to the full Council for consideration.
Proposed Ordinance No. 2026-08
Based on everyday enforcement, several issues were identified with the current Ordinance. The proposed amendment seeks to define common aspects of abatement, provide reasonable notice of abatement, and align with State law on storage of recovered property.
First, the new definitions provide a better understanding of common situations that arise in abatements such as “unattended property,” “abandoned property,” and “recreational areas.” “Unattended property” addresses property where items of discernible value are present, but the owner is not. “Abandoned property” was added to define items that were unusable or damaged with no utility. “Recreational areas” was added to recognize programmable areas outside of the current Ordinance, such as children’s playgrounds, changing areas and locker rooms, school athletic fields, and their attached bathrooms.
Second, current noticing requirements inadvertently caused issues for staff and contributed to inefficient abatement. Ordinance No. 2024-06 requires staff to post a 24-hour notice before abat ing the encampment. Under this section of the current Ordinance, staff is required to affix a notification to structures, potentially damaging the structure and placing City staff in close proximity to individuals adverse to the notice, thus creating conflict. The 24-hour posting notification also applies to abandoned encampments, causing the City additional costs by adding a second trip to pick up debris that was left behind in the public space . Indirectly, this creates resident frustration over a perceived lack of urgency 488
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by the City to remove reported blight. The reasonable notice standard of abatement contained in the proposed Ordinance allows for (1) abandoned encampments to be cleaned in a manner that reflects everyday enforcement operations, (2) individuals to humanely collect personal effects, and (3) City staff to clean debris that would have been left behind in the public right of way.
Third, the modifications seek to align the storage aspect of property to be consistent with evolving California State Law . The Ordinance provides clear instructions for the process to retrieve impounded property, including the address, contact information, and hours of service.
Conclusion.
There is no clear remedy for the complicated problem of homelessness or of the management of encampments on public property. The proposed Ordinance provides enhanced definitions, streamlines the notification process, and aligns with State law on the collection, storage, and retrieval of items. In light of recent case law, there is an opportunity to increase the effectiveness of the original Ordinance and decrease the costs of abatement to the City.
ORDINANCES
a. Ordinance No. 2026-08
b. Ordinance No. 2026 -08—Exhibit “A”— Escondido Municipal Code sections 17 -8.1 through 17-8.7
ATTACHMENTS
a. Attachment “1” – Escondido Municipal Code sections 17 -8.1 through 17 -8.7 strike through
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ORDINANCE NO. 2026-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AMENDING CHAPTER 17 OF
THE ESCONDIDO MUNICIPAL CODE TO REGULATE
ENCAMPMENTS ON PUBLIC PROPERTY
WHEREAS, in June 2024, the United States Supreme Court ruled on City of Grants Pass, Oregon v.
Johnson, 603 U.S. 520 (2024), confirming that cities and states may adopt public-camping laws; and WHEREAS, in July 2024, the City Council of the City of Escondido ( “City Council”) amended and adopted changes to Chapter 17 of the Escondido Municipal Code ( “EMC”) to regulate encampments on public property; and
WHEREAS, the City adopted a Policy Statement on Homelessness, which outlines the City’s considered approach to dealing compassionately and effectively with the myriad of issues surrounding homelessness; and
WHEREAS, the City Council desires to update the EMC to conform to current federal and state law, reflect practical considerations in the abatement of encampments, and to balance the City’s obligation to protect the rights of individuals while promoting public health and safety; and WHEREAS, the City is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the City; and WHEREAS, the City Council is committed to protecting the rights of individuals who cannot obtain shelter and to treating their personal property with respect and consideration; and WHEREAS, encampments on public property prohibit the use of certain public areas, harm certain environments within the City, contribute to illicit and criminal activity, and contribute to fire risk; and 490
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WHEREAS, to mitigate risks to the health and safety of its citizens and potential damage to environmentally sensitive lands, the City Council desires to adopt reasonable and objective time, place , and manner regulations establishing locations w here public camping and the maintenance of an encampment are prohibited, regardless of the availability of shelter; and WHEREAS, this Ordinance intends to prohibit camping and maintenance of encampments on public property within the City while encouraging people experiencing homelessness to use available low- barrier shelters and access a variety of services available from the City and its partners; and WHEREAS, when abating any encampment, the City will provide written notice in advance of the clearing that explains when the encampment will be cleaned up and how an individual can reclaim items that are stored during the process; and
WHEREAS, the City will store any personal property that may belong to a person, has apparent utility in its current condition , and can be safely retrieved from the site, but will not store hazardous property, practically un-storable, contraband, or listed on the City's current list of common items regularly abandoned during the abatement process.
NOW, THEREFORE, the City Council of the City of Escondido, California, DOES HEREBY 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: That proper notices of a public hearing have been given and public hearings held before the City Council on this issue.
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SECTION 3. The City Council has duly reviewed and considered all evidence submitted at said hearings, including without limitation:
a. Written information;
b. Oral testimony from City staff, interested parties, and the public; and c. The City Council staff report, dated May 6, 2026, which, along with its attachments, is incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the public hearing.
SECTION 4. Upon consideration of the submitted evidence, Escondido Municipal Code sections 17-8.1 through 17-8.7 are repealed in their entirety and replaced with the provisions outlined in Exhibit A, which is attached to and made part of this Ordinance by reference.
SECTION 5. ENVIRONMENTAL REVIEW. The proposed amendments to Escondido Municipal Code Chapter 17 are not a project within the meaning of Section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because there is no potential for the proposed amendments to result in a physical change in the environment, either directly or indirectly, or a reasonably foreseeable indirect physical change in the environment. If the proposed amendments are found to be a project within the meaning of Section 15378 of the CEQA Guidelines, the proposed amendments are exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held invalid or unconstitutional, for any reason, by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions.
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SECTION 7. With the exception of the provisions protected by the savings clause, all ordi nances (or parts of ordinances) in conflict with or inconsistent with this Ordinance are hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
SECTION 8. SAVINGS CLAUSE. The changes provided for in this Ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred, or any right established or accruing before the effective date of this Ordinance, nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this Ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 9. The City Clerk is hereby directed to certify to the passage of this Ordinance an d to cause the same or a summary to be prepared in accordance with Government Code section 36933, and to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido.
SECTION 10. The City Council authorizes all subsequent action to be taken by City Officials consistent with this Ordinance.
SECTION 11. That this Ordinance shall take effect and be in force on the thirtieth day from and after its final passage.
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Ordinance 2026-08
Exhibit “A”
§ 17-8.1. Encampments on public property.
Purpose. The city council of the City of Escondido finds that the city is committed to protecting the life, health, and safety of all people in the city and finds that certain public lands within the geographical boundaries of the city pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the city council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The city council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this section to set standards for the preservation and protection of human life, health, and safety; to further the preservation and protection of sensitive public lands to prevent destruction of these assets; and to establish a process for the collection, storage, disposal, recycling, or reuse of personal property found in encampments on public property. § 17-8.2 Definitions.
For purposes of this chapter, the following words, terms, and phrases shall be defined as follows:
"Abatement" means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment. “Abandoned” means items voluntarily left behind by an owner who intentionally relinquishes all rights, control and claim to them. Abandoned items include trash, junk, and debris.
"Camp paraphernalia" means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture. "Camp" shall have the same meaning as provided for in Section 17 -7 and shall not be construed to prohibit camping in public campgrounds under a permit authorized by other provisions of law or ordinance.
"City manager" as used herein shall mean the appointed city manager for the City of Escondido and all persons designated and authorized by the city manager to perform the activities required under this section including, but not limited to, all law enforcement and public works personnel.
"Encampment" means one or more temporary, makeshift, or hand -built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner.
Encampment includes any camp paraphernalia , personal property, and shopping carts associated with or located in or around the structures or tents. "Open space" means any undeveloped public property either primarily in its natural state, including canyons and unimproved waterways, or that is held out by the city or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources. "Park" means any public property, whether developed or undeveloped, held out by the city or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalk s. 494
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The definition of park includes open space.
“Recreational area” means a park, playground, recreation center, public school athletic field, or any other area in the city owned or used by the city which is devoted to active or passive recreation. It shall include all adjacent facilities used in conjunction with the park such as restrooms and locker rooms.
"Shelter" means any facility where individuals or families experiencing homelessness can access beds and other services or an area designated by the city manager for use by individuals or families experiencing homelessness.
“Unattended” means property, or items, either intentionally or unintentionally, left behind by an owner. For the purposes of this Chapter, if a person reasonably believes or knows the property owner intends to retain all rights, control, and claim to a property or item, it is considered unattended.
"Waterway" means all or portions of the Escondido Creek, Kit Carson Creek, their tributaries and headwaters, and any other drainage channel or improved or unimproved watercourses, found on public property, within the boundaries of the City of Escondido. § 17-8.3 Protection of waterways.
It is unlawful for any person to do any of the following:
(a) Build or erect a structure of any type within or along the banks of any waterway, or using or affixing any object to trees or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;
(b) Move boulders, large rocks, or otherwise reconfigure the natural landscape or destroy vegetation, paved roads , or paths created by the city in the waters of or along the banks of a waterway;
(c) Drive, park, or bring any shopping cart or wheeled vehicle along the banks of a waterway, except in places specifically provided and designated for such use; (d) Dig into or on the banks of a waterway; or
(e) Discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway;
(f) Nothing in this Section 17-8.3 is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the city manager or by any law, regulation, permit, order or other directive from a regulatory authority. § 17-8.4 Unauthorized encampments on public property.
(a) It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, park, open space, recreational area, waterway, or bank of a waterway, unless specifically authorized by the city manager.
(b) It is unlawful for any person to camp or to maintain an encampment where such activity poses:
(1) An immediate threat or an unreasonable risk of harm to any natural person; 495
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(2) An immediate threat or an unreasonable risk of harm to public health or safety; or
(3) Disruption to vital government services.
(c) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:
(1) Within 500 feet of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education , provided that signs are posted prohibiting camping that are clearly visible to pedestrians. School, for purposes of this provision , does not include a vocational or professional institution of higher education, including a community or junior college, college, or university;
(2) Within 500 feet of any shelter , provided that signs are posted prohibiting camping that are clearly visible to pedestrians;
(3) In any open space, recreational area, waterway, or banks of a waterway; (4) Within any transit hub, on any trolley platform, or along any trolley tracks , provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and
(5) In any park or open space where the City Manager determines there is a substantial public health and safety risk, and provided that signs are posted prohibiting camping that are clearly visible to pedestrians. § 17-8.5 Enforcement.
(a) Violations of this article may be prosecuted as misdemeanors subject to the fines and custody provisions in the Escondido Municipal Code. (b) Violations of Section 17 -8.4(b) are enforceable at all times regardless of shelter availability.
§ 17-8.6 Abatement of encampments and other property, generally.
The city manager may remove personal property, camp paraphernalia, and all other property, contraband, litter, and waste found in or on public property, at an encampment, or at a location where a person is engaged in unlawful camping, in compliance with the following procedures:
(a) Written Notice Required Prior to Abatement.
(1) A written Notice of Clean-Up will be provided in close proximity to the area of the encampment, providing reasonable notice of the date of clean-up and giving a reasonable time period for persons to r emove their personal property. If the encampment is unoccupied, it will be considered unattended, pursuant to subsection (h) of this section. The written notice shall also include the following statement, which may be updated by the city manager to provide accurate and relevant information:
You must remove your belongings from the site within the time prescribed by the Notice of Clean-Up. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the City. If you wish to minimize the risk of losing valued belongings, you should keep those 496
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belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.
If you think your belongings were stored, you can claim them by following the directions on the Notice of Clean -Up after the clean -up is complete.
Information about how to claim your belongings is also available on the city's website.
On the Notice, the City will provide the address, phone number, and hours of operation, if items are stored.
(2) Upon the expiration of the time allotted after Notice has been provided, the city manager may conduct the abatement of the site
(b) The city manager shall follow these additional procedures when persons are present at an encampment during abatement:
(1) When shelter is available, the city manager shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The city manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable and consistent with state and federal law.
(2) Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site , unless items are loaded or in the process of being loaded for removal, in a reasonable time period. Personal property left behind will be deemed abandoned or unattended.
(3) Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own.
Unless the person requests the personal property be discarded or entrusted to another, personal property will be taken to the Escondido Police Department for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the city manager may consider the items unattended or abandoned.
(c) Abatement Documentation. The city manager shall document the abatement process by:
(1) Photographing the site or encampment area before any abatement begins; (2) If reasonably possible, and subject to health and safety considerations, open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage;
(3) If reasonably possible, document the items contained in bags or suitcases; (4) Document all items to be stored; and
(5) Document the site after abatement has concluded.
(d) Unclaimed items found in abatement shall be eligible for storage if:
(1) Circumstances indicate that the item belongs to a person; 497
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(2) The item has apparent utility in its current condition and circumstances; and (3) The item can be safely retrieved from the site.
(e) An eligible item found during an abatement shall be put into storage, unless it meets one of the following disqualifying conditions:
(1) Hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;
(2) Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud; (3) Practically un -storable, due to large size, weight, or other similar characteristic,
(4) Contraband or stolen; or
(5) Is on the city manager's current list, published on the city's website, of common types of items that, in the experience of city staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.
(f) The city manager shall record each eligible item to be stored, including the location it was found and the date of storage. Pursuant to the time and manner restrictions prescribed by state law, any stored items shall be retained , kept in storage, and then may be disposed of, recycled, or reused.
(g) After abatement has concluded and when eligible items are collected and will be placed in storage, the city manager shall provide notices at the location of the abatement that include information on how a person can claim stored items.
Information about the retrieval of stored items shall also be available on the City's website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership.
(h) Unattended items will be collected and stored in accordance with proc edures established at the discretion of the city manager or their designee. (i) Abandoned items will be collected and discarded in accordance with procedures established at the discretion of the city manager or their designee. § 17-8.7 Expedited abatement.
(a) In an expedited abatement, the city manager shall follow the same abatement and storage procedures in Section 17 -8.6, but shall provide a Notice of Clean - Up, giving a reasonable time for all persons to remove their personal property , and may initiate such expedited abatement immediately after the expiration of the allotted time period listed on the Notice of Clean-Up.
(b) The city manager shall prioritize and expedite the removal of an encampment if:
(1) The City receives direction from County of San Diego or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or
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(2) The city manager observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.
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§ 17-8.1 Encampments on public property.
Purpose. The city council of the City of Escondido finds that the city is committed to protecting the life, health, and safety of all people in the city and finds that certain public lands within the geographical boundaries of the city pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the city council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The city council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this section to set standards for the preservation and protection of human life, health, and safety; to further the preservation and protection of sensitive public lands to prevent destruction of these assets; and to establish a process for the collection, storage, disposal, recycling, or reuse of personal property found in encampments on public property. § 17-8.2 Definitions.
For purposes of this chapter, the following words, terms, and phrases shall be defined as follows:
"Abatement" means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment. “Abandoned” means items voluntarily left behind by an owner who intentionally relinquishes all rights, control and claim to them. Abandoned items include trash, junk, and debris.
"Camp paraphernalia" means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture. "Camp" shall have the same meaning as provided for in Section 17 -7 and shall not be construed to prohibit camping in public campgrounds under a permit authorized by other provisions of law or ordinance.
"City manager" as used herein shall mean the appointed city manager for the City of Escondido and all persons designated and authorized by the city manager to perform the activities required under this section including, but not limited to, all law enforcement and public works personnel.
"Encampment" means one or more temporary, makeshift, or hand -built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner.
Encampment includes any camp paraphernalia , personal property, and shopping carts associated with or located in or around the structures or tents. "Open space" means any undeveloped public property either primarily in its natural state, including canyons and unimproved waterways, or that is held out by the city or used by the public for passive recrea tional purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources. "Park" means any public property, whether developed or undeveloped, held out by the city or used by the public for active or passive park and recreation uses, including adjacent 500
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buffer lands and natural areas and any adjacent parking lots and perimeter sidewalk s.
The definition of park includes open space.
“Recreational area” means a park, playground, recreation center, public school athletic field, or any other area in the city owned or used by the city which is devoted to active or passive recreation. It shall include all adjacent facilities used in conjunction with the park such as restrooms and locker rooms.
"Shelter" means any facility where individuals or families experiencing homelessness can access beds and other services or an area designated by the city manager for use by individuals or families experiencing homelessness.
“Unattended” means property, or items, either intentionally or unintentionally, left behind by an owner. For the purposes of this Chapter, if a person reasonably believes or knows the property owner intends to retain all rights, control, and claim to a property or item, it is considered unattended.
"Waterway" means all or portions of the Escondido Creek, Kit Carson Creek, their tributaries and headwaters, and any other drainage channel or improved or unimproved watercourses, found on public property, within the boundaries of the City of Escondido. § 17-8.3 Protection of waterways.
It is unlawful for any person to do any of the following:
(a) Build or erect a structure of any type within or along the banks of any waterway, or using or affixing any object to trees or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;
(b) Move boulders, large rocks, or otherwise reconfigure the natural landscape or destroy vegetation, paved roads , or paths created by the city in th e waters of or along the banks of a waterway;
(c) Drive, park, or bring any shopping cart or wheeled vehicle along the banks of a waterway, except in places specifically provided and designated for such use; (d) Dig into or on the banks of a waterway; or
(e) Discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway;
(f) Nothing in this Section 17-8.3 is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the city manager or by any law, regulation, permit, order or other directive from a regulatory authority. § 17-8.4 Unauthorized encampments on public property.
(a) It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, park, open space, recreational area, waterway, or bank of a waterway, unless specifically authorized by the city manager.
(b) It is unlawful for any person to camp or to maintain an encampment where such activity poses:
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(1) An immediate threat or an unreasonable risk of harm to any natural person; (2) An immediate threat or an unreasonable risk of harm to public health or safety; or
(3) Disruption to vital government services.
(c) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:
(1) Within 500 feet of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education , provided that signs are posted prohibiting camping that are clearly visible to pedestrians. School, for purposes of this provision , does not include a vocational or professional institution of higher education, including a community or junior college, college, or university;
(2) Within 500 feet of any shelter , provided that signs are posted prohibiting camping that are clearly visible to pedestrians;
(3) In any open space, recreational area, waterway, or banks of a waterway; (4) Within any transit hub, on any trolley platform, or along any trolley tracks , provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and
(5) In any park or open space where the City Manager determines there is a substantial public health and safety risk, and provided that signs are posted prohibiting camping that are clearly visible to pedestrians. § 17-8.5 Enforcement.
(a) Violations of this article may be prosecuted as misdemeanors subject to the fines and custody provisions in the Escondido Municipal Code. (b) Violations of Section 17 -8.4(b) are enforceable at all times regardless of shelter availability.
§ 17-8.6 Abatement of encampments and other property, generally.
The city manager may remove personal property, camp paraphernalia, and all other property, contraband, litter, and waste found in or on public property, at an encampment, or at a location where a person is engaged in unlawful camping, in compliance with the following procedures:
(a) Written Notice Required Prior to Abatement.
(1) A written Notice of Clean -Up will be providedin close proximity to the area of the encampment, providing reasonable notice of the date of clean-up and giving a reasonable time period for persons to remove their personal property. If the encampment is unoccupied, it will be considered unattended, pursuant to subsection (h) of this section. The written notice shall also include the following statement, which may be updated by the city manager to provide accurate and relevant information:
You must remove your belongings from the site within the time prescribed 502
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by the Notice of Clean-UpYou should not leave behind any belongings you want to keep. All belongings left behind will be removed by the City. If you wish to minimize the risk of losing valued belongings, you should keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.
If you think your belongings were stored, you can claim them by following the directions on the Notice of Clean -Up after the clean -up is complete.
Information about how to claim your belongings is also available on the city's website.
On the Notice, the City will provide the address, phone number, and hours of operation, if items are stored.
(2) Upon the expiration of the time allottedafter Notice has beenprovided, the city manager may conduct the abatement of the site
(b) The city manager shall follow these additional procedures when persons are present at an encampment during abatement:
(1) When shelter is available, the city manager shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The city manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable and consistent with state and federal law.
(2) Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site ,unless items are loaded or in the process of being loaded for removal, in a reasonable time period. Personal property left behind will be deemed abandoned or unattended.
(3) Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own.
Unless the person requests the personal property be discarded or entrusted to another,personal property will be taken to the Escondido Police Department for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the city manager mayconsider the items unattended or abandoned.
(c) Abatement Documentation. The city manager shall document the abatement process by:
(1) Photographing the site or encampment area before any abatement begins; (2) If reasonably possible, and subject to health and safety considerations, open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage;
(3) If reasonably possible, document the items contained in bags or suitcases; (4) Document all items to be stored; and
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(5) Document the site after abatement has concluded.
(d) Unclaimed items found in abatement shall be eligible for storage if:
(1) Circumstances indicate that the item belongs to a person; (2) The item has apparent utility in its current condition and circumstances; and (3) The item can be safely retrieved from the site.
(e) An eligible item found during an abatement shall be put into storage, unless it meets one of the following disqualifying conditions:
(1) Hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;
(2) Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud; (3) Practically un -storable, due to large si ze, weight, or other similar characteristic,
(4) Contraband or stolen; or
(5) Is on the city manager's current list, published on the city's website, of common types of items that, in the experience of city staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.
(f) The city manager shall record each eligible item to be stored, including the location it was found and the date of storage. Pursuant to the time and manner restrictions prescribed by state law, any stored items shall be retained , kept in storage ,and then may be disposed of, recycled, or reused.
(g) After abatement has concluded and when eligible items are collected and will be placed in storage, the city manager shall providenotices at the location of the abatement that include information on how a person can claim stored items.
Information about the retrieval of stored items shall also be available on the City's website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership.
(h) Unattended items will be collected and stored in accordance with procedures established at the discretion of the city manager or their designee. (i) Abandoned items will be collected and discarded in accordance with procedures established at the discretion of the city manager or their designee. § 17-8.7 Expedited abatement.
(a) In an expedited abatement, the city manager shall follow the same abatement and storage procedures in Section 17-8.6, but shall providea Notice of Clean-Up, giving a reasonable time for all persons to remove their personal property, and may initiate such expedited abatement immediately after the expiration of the allotted time period listed on the Notice of Clean-Up.
(b) The city manager shall prioritize and expedite the removal of an encampment if:
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(1) The City receives direction from County of San Diego or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or
(2) The city manager observes or re asonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.
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STAFF REPORT
May 13, 2026
File Number 0680-10
SUBJECT
AMENDMENTS TO FIREWORKS ORDINANCE
DEPARTMENT
Police Department
RECOMMENDATION
Request the City Council adopt Ordinance No. 2026-06, amending Escondido Municipal Code Chapter 17, Article 4, Division 2 (“Fireworks Ordinance”) to regulate fireworks. The amendment will update the existing Ordinance regarding fireworks regulations pursuant to the City’s police power on the operation and use of fireworks; to p romote the public health and safety; and to prevent the fire risks, noise disturbances, air pollution, litter, and adverse impacts on military veterans, pets, and other vulnerable populations.
Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenter: Ryan Banks, Police Captain
ESSENTIAL SERVICE – Yes- internal requirement in support of Police Services; Fire/EMS Services; Keep City Clean for Public Health and Safety
COUNCIL PRIORITY – Prioritize Public Health and Safety
FISCAL ANALYSIS
None
PREVIOUS ACTION
The City Coun cil enacted the Fireworks Ordinance in 1957. The Fireworks Ordinance has not been amended since 1987.
BACKGROUND
Fireworks present significant safety risks in Southern California due to dry vegetation, heightened wildfire conditions, and dense residential neighborhoods . The risks include fires, injuries, property damage, and poor air quality. Additionally, fireworks create serious quality-of-life impacts, causing distress to pets and 506
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triggering adverse reactions for veterans and others with noise sensitivity or post -traumatic stress. An increased strain on public safety resources is created to respond to these risks and impacts.
Call for service data reflects that firewor ks activity is highly concentrated around the July 4th holiday.
Between 2023 and 2025, approximately 28.6 percent of all fireworks -related calls received annually by the Police Department occurred on July 4th alone. Analysis further demonstrates that fireworks-related calls on July 4th are not evenly distributed throughout the day . Approximately 92.6 percent of calls occurred between 6:00 p.m. and midnight, with the highest call volume between 8:00 p.m. and 10:00 p.m.
Every year, this pattern creates an intense demand on police, fire, and emergency response services.
Review of historical data indicates an increase in fireworks -related calls for service during the July 4th holiday in 2024 and 2025 when compared to prior years. Using this data, the Escondido Police Department identified specific areas of the City that experience a consistently higher concentration of fireworks activity. These locations closely align with resident complaints and community petitions submitted by local advocacy groups, demonstrati ng a correlation between data-driven enforcement needs and community-reported impacts.
Under current conditions, t he City’s existing Fireworks Ordinance is insufficient to meet modern operations. Under the prior framework, enforcement largely depended on officers first witnessing an individual actively discharging fireworks and then identifying that person. In practice, officers frequently arrived after fireworks had stopped and crowds had dispersed. Only the individual discharging fireworks could be cited, while property owners, tenants, and event organizers bore no responsibility for activity occurring on their premises. Violations were classified as infractions with relatively low fine amounts, further limiting the deterrent effect.
To address these challenges, the proposed ordinance shifts enforcement focus from identifying individuals to placing responsibility on the person with control over the location where illegal fireworks activity occurs. The updated ordinance introduces a “Social Host” framework, which applies to property owners, tenants, individuals in control of a residence or private property, and those who organize or supervise gatherings where illegal fireworks are present or used. T he ordinance also authorizes (1) recovery of emergency response costs and (2) assessment of state -authorized disposal fees associated with the seizure and destruction of illegal fireworks . This ensures taxpayers are not bearing the cost of responding to and enforcing illegal firework violations.
In addition, the ordinance expands enforcement tools by authorizing administrative citations for each violation. Criminal enforcement penalties also increase, including misdemeanor penalties of up to $1,000 where appropriate. The ordinance further authorizes the use of drones as an observational tool to assist public safety personnel in identifying and responding to fireworks activity, with all enforcement actions conducted by personnel on the ground.
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Together, these updates are intended to provide a modern, data-informed enforcement framework that reflects current wildfire risks, community impacts, and the concentrated nature of fireworks activity, particularly during the July 4th holiday.
ORDINANCES
a. Ordinance No. 2026-06
b. Ordinance No. 2026-06—Exhibit “A”— Escondido Municipal Code Chapter 17, Article 4, Division 2 ATTACHMENTS
a. Attachment “1”— Escondido Municipal Code Chapter 17, Article 4, Division 2 Strikethrough b. Attachment “2”— Appendix A (State law)
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Ordinance No. 2026-06
Attachment "1A"
Division 2 Fireworks
§ 17-75 Storage or sale at wholesale.Purpose.
§ 17-76 Scope.
§ 17-77 Retail exchange, possession, exhibition prohibited. Definitions. § 17-787 Use prohibited; exception.Prohibition of Fireworks. § 17-79 Exceptions.
§ 17-8078 Firing salutes.
§ 17-8179 Precautions when displays permitted.
§ 17-82 Enforcement.
§ 17-83 Violations.
§ 17-84 Social Hosts.
§ 17-85 Response costs.
§ 17-86 Seizure and disposal.
§ 17-870 Violation of ordinance an infraction; pPenalty. § 17-88 Appeals.
Cross reference—Ch. 16 generally, Licenses and business regulations; Ch. 33, Article 73 generally, Temporary Uses, Outdoor Display, and Sale of Retail Merchandise; § 33-663, Uses and Structures; § 33-854, General conditions.
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Attachment "1"
Division 2
Fireworks
§ 17-75. Storage or sale at wholesale.
The storage or sale of fireworks at wholesale is hereby prohibited, unless authorized by a permit from the council. Such permit shall be issued for a period of not exceeding one year.
Cross reference—Licenses and business regulations generally, Ch. 16. (Code 1957, § 4236)
§ 17-75 Purpose.
The purpose of this Chapter is to implement regulations, pursuant to the City’s police power, on the operation and use of fireworks; to promote the public health and safety; and to prevent the fire risks, noise disturbances, air pollution, litter, and adverse impacts on military veterans, pets, and other vulnerable populations. § 17-76. Retail exchange, possession, exhibition prohibited.
The sale at retail, exchange, barter, trade, possession or exhibition of fireworks within this city, except to the persons authorized in section 17-77 and having the permit therein specified, is hereby prohibited.
(Code 1957, § 4234)
§ 17-76 Scope.
Pursuant to the State Fireworks Law, this ordinance is intended to streamline enforcement and administrative fine procedures related to the possession of 25 pounds or less of fireworks. The possession of 25 pounds or more of fireworks shall be governed by Part 2 of Division 11 of the Health and Safety Code. § 17-77 Definitions.
The following definitions apply to this Chapter; words and phrases whenever used in this Chapter shall be construed as defined in this section, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
(a) “Dangerous fireworks” has the same meaning as California Health and Safety Code section 12505, as it may be amended from time to time. (b) “Disposal fee” means the direct and reasonable costs incurred by the City—or by a private person, corporation, or other government agency operating at the request, direction, or on behalf of the City—in transporting, seizing, and disposing of fireworks, as set by state law.
(c) “Exempt fireworks” has the same meaning as California Health and Safety Code section 12508, as it may be amended from time to time.
(d) “Fireworks” has the same meaning as California Health and Safety Code section 12511, as it may be amended from time to time. The term “fireworks” includes “dangerous fireworks” and “safe and sane fireworks,” but excludes “exempt fireworks,” “party poppers,” “snap caps,” and the lawful use of flares by law 510
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enforcement personnel or motorists.
(e) “Public display of fireworks” has the same meaning as California Health and Safety Code section 12524, as it may be amended from time to time. (f) “Response costs” means the direct and reasonable costs incurred by the City— or by a private person or corporation operating at the request or direction of the City—in the course of emergency response to the incident, including the costs of providing police, fire department, or other City services at the scene of the incident.
These costs further include all of the salaries and wages of City personnel responding to the incident, and all salaries and wages of City personnel engaged in the investigation, supervision, and preparation of reports. (g) “Safe and sane fireworks” has the same meaning as California Health and Safety Code section 12529, as it may be amended from time to time. (h) “Unmanned Aircraft System” has the same meaning as Government Code section 853.5, as it may be amended from time to time. For the purposes of this Chapter, the term “drone” shall have the same meaning as Unmanned Aircraft System.
(i) “Social host” means person or persons with a right of possession of the residence or other private property at which illegal fireworks are possessed, kept, stored, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offered to sell, transported, or given away, including but not limited to:
(1) any owner of the residence or other private property—meaning the record owner of the title to property as of the time of the possession, storage, sale, use, ignition, or discharge, wherever that person or entity resides at that time;
(2) a tenant or lessee of the residence or other private property at the time when the illegal fireworks are possessed, stored, sold, used, ignited, or discharged;
(3) the person(s) in charge of the residence or other private property at the time when illegal fireworks are possessed, stored, sold, used, ignited, or discharged;
(4) the person(s) who organizes, supervises, officiates, conducts, or controls the gathering or any other persons(s) accepting responsibility for such gatherings where illegal fireworks are possessed.
(j) “ State Fireworks Law” means California Health and Safety Code sections 12500, et seq.
§ 17-787 Use prohibited; exception. Prohibition of Fireworks. (a) Except as otherwise provided by this Chapter, it shall be unlawful to possess, keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, transport, or give away any fireworks within the City of Escondido.The discharge, firing or use of all firecrackers, bombs, rockets, torpedoes, Roman candles or other fire-works or substances designed and intended for pyrotechnic display, and of all pistols, canes, cannons, or other appliances using blank cartridges or caps containing chlorate of potash mixture within this City, is hereby 511
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prohibited;
§ 17-79 Exceptions.
provided that the council may permit the public display of fireworks by properly qualified individuals or organized bodies under the direct supervision of experts in the handling of fireworks.
(a) The City may permit the public display of fireworks by properly qualified individuals or organized bodies under the direct supervision of experts in the handling of fireworks.
(a)
(b) The storage or sale of fireworks at wholesale is hereby prohibited, unless authorized by a permit from the City. Such permit shall be issued for a period of not exceeding one year.
(c) Sale of fireworks when allowed by the Fire Chief under special permits when not otherwise prohibited by applicable local or state laws, ordinances, and regulations.
(b)(d) Use and handling of fireworks for a public display of fireworks in accordance with Title 19 of the California Code of Regulations.
(e) Activities listed in the State Fireworks Law where all necessary valid state and local permits for the activity or activities have been issued. (f) Transportation of fireworks by a person holding a valid state license upon approved routes pursuant to the State Fireworks Law.
(c)(g) Possession, storage, sale, use, and handling of snap caps, snappers, or party poppers in accordance with Title 19 of the California Code of Regulations.
§ 17-8078. Firing salutes.
(a) No person shall, upon or in any area within the jurisdiction of the public streets in of thethis cCity, fire any salute with gunpowder or dynamite or by the means commonly called "anvils" where powder or other explosives are used. (1) The City may permit the use of “blanks” or other forms of salute when all required state and local permits for the activity have been obtained, including for military appreciation events or memorials. (1)(2) For the purposes of this section, “blank” means a cartridge that produces a loud noise, muzzle flash, and/or smoke when fired or discharged, but does not expel a projectile.
§ 17-8179. Precautions when displays permitted.
Public Ddisplays of fireworks permitted in accordance with section 17-797 shall be of such character and so located, discharged or fired, that, in the opinion of the Fire Chief— or his or her authorized representatives—council, such displays shall not be hazardous to surrounding property or endanger any person.
§ 17-82 Enforcement.
(a) It shall be the duty of the Police Department, Fire Department, and Code Compliance Division to enforce the provisions of this Chapter. The City Manager 512
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may designate others to enforce this chapter. Such persons shall be considered "Enforcement Officers" within the meaning of Chapter 1A of this Code. (b) The Fire Chief and his or her authorized representatives, the Police Chief and his or her authorized representatives, and the Code Compliance Division shall have the authority to use drones to enforce the provisions of this Chapter.
§ 17-83 Violations.
(a) Pursuant to Government Code section 53069.4 and Chapter 1A of this Code, an Enforcement Officer, as described in section 17-82, may issue an administrative citation for any violation of this Chapter. Notwithstanding the notice requirements described in section 1A-6 of this Code, prior notice of a violation is not a prerequisite to the issuance of administrative citations. (b) A person is subject to the issuance of an administrative citation if such person, or any agent, employee, or independent contractor acting on their behalf, whether by act or omission, causes, permits, or allows any activity prohibited under section 1778 to occur, exist, or continue.
(c) Every parent, guardian, or other person, having the legal care, custody, or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this Chapter, is subject to the issuance of an administrative citation in addition to any that may be issued to the offending minor. Every parent, guardian, or other person, shall be held jointly and severally liable for all fines, fees, penalties, disposal fees, pursuant to section 17-86, and response costs, pursuant to section 17-85.
(a)(d) A person is guilty of a separate offense for each and every violation, as described in section 17-78, if such person causes, permits, or allows to occur, exist, or continue.
(b) Any person, irrespective of age, found in violation of any provision of this Chapter may be issued an administrative citation in accordance with the provisions of this Chapter.
(e)
(c) Nothing in this Chapter shall be intended to limit any of the penalties provided for under the Health and Safety Code, Penal Code, or other sections of this Code concerning any person or entity who possess, keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, transport, or give away any fireworks.
(d)(f)
§ 17-84 Social Hosts.
(a) Any property owner or person in control of property who has knowledge of a person violating any provision of this Chapter on the property owned by such person or under such person's control shall be in violation of this section. (b) It is unlawful for any Social Host to allow, by invitation or consent, which consent may be implied, given surrounding facts and circumstances such as repeated violations, any violation of this chapter to occur without first obtaining all required 513
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permits and licenses. Such violation subjects any and all Social Host(s) to strict liability for penalties imposed for violation(s) of this section. (c) A Social Host need not be present at the time illegal fireworks are possessed, stored, sold, used, ignited, or discharged for the City to impose penalties. Prior knowledge of the violation of any provision of this Chapter is not a prerequisite to a finding that any specific individual is a Social Host as defined by this section. (d) The Social Host and any person found in violation of this Chapter shall be held jointly and severally liable for all fines, fees, penalties, disposal fees, pursuant to section 17-86, and response costs, pursuant to section 17-85. § 17-85 Response costs.
(a) Any person who has violated this Chapter shall be liable for response costs incurred in responding to the violation to the fullest extent permitted by state law. (b) In addition to any administrative penalty or any penalty under any other section of this Code or state law, any Social Host who violates this article is liable for the response costs relating to the violation. Where there is more than one Social Host, each Social Host is liable jointly and severally for response costs. (c) The amount of response costs constitutes a debt owed to the City, which may be collected in any manner legally available to the City.
(d) Notice of the response costs shall contain the following itemized information:
(1) The name of the Social Host(s) who is liable for the response costs; (2) The address of the private property where the incident occurred; (3) The date and time of the response;
(4) The itemized cost of law enforcement, fire, or other emergency response personnel who responded as well as code compliance or other city personnel and the associated legal costs.
(e) Notice shall be served on each Social Host at the property address by first-class mail or by any means provided for service of a civil complaint. (f) Payment for response costs shall be remitted to the City within thirty (30) calendar days of the date of the notice.
(g) If a person who violated this Chapter is a minor, the legal guardian(s) of the minor and the minor shall be jointly and severally liable for the response costs incurred pursuant to this chapter.
(h) To incur liability for response costs imposed by this Chapter, a person who violates this chapter need not be present at the event that causes the response giving rise to the imposition of response costs.
(i) Response costs imposed by this Chapter are in addition to any other costs that may be recovered under this Code.
§ 17-86 Seizure and disposal.
(a) A person who has violated this Chapter may be liable for a disposal fee, as set by 514
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state law.
(b) Pursuant to the State Fireworks Law, the Fire Chief and his or her authorized representatives, the Police Chief and his or her authorized representatives, and the Code Compliance Division shall have the authority to seize, take, remove or cause to be removed, at the expense of the owner or any vendor, any and all such fireworks offered or exposed for sale, stored or held in violation of this Chapter, the State Fireworks Law, or the California Fire Code.
(c) Authorities seizing fireworks shall follow the procedures to cover costs for the transportation and disposal of fireworks as outlined in the State Fireworks Law. (1) Sixty-five percent of the collected moneys shall be forwarded to the State Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund. These monies shall be deposited monthly. (2) Thirty-five percent to the local public safety agency in the county in which the offense was committed to reimburse the local public safety agency for expenses, including, but not limited to, the costs for handling, processing, photographing, and storing seized dangerous fireworks.
(d) Authorities seizing fireworks shall follow the procedures for the transportation and disposal of fireworks as outlined in the State Fireworks Law. (e) Fines collected pursuant to administrative citations shall not be subject to Health and Safety Code section 12706.
§ 17-870. Violation of ordinance an infraction; pPenalty.
Except as otherwise provided in any specific section of this chapter, violation of any provision of this chapter is an infraction punishable by:
A fine not exceeding $100 for a first violation;
(1) A fine not exceeding $200 for a second violation of the same section within one year;
(2) A fine not exceeding $500 for each additional violation of the same section within one year.
(a) Any person violating any of the provisions of this Chapter is guilty of an misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000. Any violation may also be subject to civil penalties and any other legal remedy provided in this Code or state law.
(a)(b) Each violation described in this Chapter may be charged as a separate count for each and every occurrence.
(c) In addition to any remedy available at law, and upon a first violation, any person in violation of any provision of this Chapter involving 25 pounds or less of fireworks may be subject to the issuance of an administrative citation not to exceed $1,000, response cost, pursuant to section 17-85, and a disposal fee as set by state law, pursuant to section 17-86.
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(d) The imposition of the administrative citation, response cost, and disposal fee are considered an expense of abatement and may be collected pursuant to the provisions outlined in Chapter 1A to the fullest extent permitted by state law. (e) All violations of this Chapter are declared to be a public nuisance. § 17-88 Appeals.
Citations and all other notices, including for the imposition of response costs and disposal fees, issued for failure to comply with the provisions of this Chapter may be appealed, subject to the procedures established in section 1A-9 of this Code. 516
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A
ppendix “A”
Scope
See, Part 2 of Division 11 of the Health and Safety Code (HSC sections 12500, et seq.) Link: Codes Display Text
Health and Safety Code section 12557
Definitions.
California Health and Safety Code section 12505
California Health and Safety Code section 12508
Health and Safety Code section 12511
California Health and Safety Code section 12524
California Health and Safety Code section 12529
Government Code section 853.5
Exceptions
See, Chapter 6 of Title 19 of the California Code of Regulations.
Link: Browse - California Code of Regulations
Response Costs
Government Code section 53158
Government Code section 53155
Seizure and disposal
Health and Safety Code section 12721
See again, Health and Safety Code section 12557
Health and Safety Code sections 12723
Health and Safety Code sections 12726
Health and Safety Code section 12706
Penalty
California Government Code sections 38771
Attachment "2"
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Scope.
State of California
HEALTH AND SAFETY CODE
Section 12500
12500. This part shall be known and may be cited as the State Fireworks Law. (Repealed and added by Stats. 1973, Ch. 1109.)
State of California
HEALTH AND SAFETY CODE
Section 12557
12557. (a) The Office of the State Fire J\1arshal shall consult with public safety agencies and other stakeholders as deemed necessary by the State Fire Marshal and develop a model ordinance that permits local jurisdictions to adopt a streamlined enforcement and administrative fine procedures related to the possession of 25 pounds or less of dangerous fireworks. These procedures shall be limited to civil fines and as authorized pursuant to Section 53069.4 of the Government Code, and provide that the fines collected pursuant to this section shall not be subject to Section 12706. The model ordinance shall include provisions for reimbursing the Office of the State Fire Marshal for the costs associated with the disposal of seized fireworks and collecting these disposal costs as part of an administrative fine as described in subdivision (c). (b) An ordinance of a local jurisdiction in effect on or after January 1, 2008, that is related to dangerous fireworks and is not the model ordinance described in subdivision (a) shall, as soon as practicable, comply with all of the following:
(1) The ordinance shall be amended or adopted to include provisions for cost reimbursement to the Office of the State Fire Marshal and the collection of disposal costs as part of an administrative fine as described in subdivision ( c ). (2) The ordinance shall be amended or adopted to provide that the ordinance shall be limited to a person who possesses or the seizure of25 pounds or less of dangerous fireworks.
(3) The ordinance shall be amended or adopted to provide that the fines collected pursuant to the ordinance shall not be subject to Section 12706. ( c) The State Fire Marshal shall, in consultation with local jurisdictions, develop regulations to specify a procedure on how to cover the cost to the Office of the State Fire Marshal for the transportation and disposal of dangerous fireworks that are seized by local jurisdictions. The regulations shall include, but are not limited to, all of the following
(1) A cost recovery procedure to collect, as part of an administrative fine, the actual cost for transportation and disposal of dangerous fireworks from any person who violates a local ordinance related to dangerous fireworks. (2) The method by which the actual cost for transportation and disposal by the Office of the State Fire Marshal will be calculated.
(3) The method, manner, and procedure the local jurisdiction is required to follow to forward the amounts collected pursuant to paragraph (1) to the State Fire J\1arshal. (Added by Stats. 2007, Ch. 563, Sec. 4. Effective January 1, 2008.) Attachment "2"
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Definitions.
State of California
HEALTH AND SAFETY CODE
Section 12505
12505. "Dangerous fireworks" includes all of the following:
(a) Any fireworks which contain any of the following:
(1) Arsenic sulfide, arsenates, or arsenites.
(2) Boron.
(3) Chlorates, except:
(A) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.
(B) In caps and party poppers.
(C) In those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15 percent ( or 600 milligrams) is potassium, sodium, or barium chlorate.
( 4) Gallates or Gallic acid.
(5) Magnesium (magnesium-aluminum alloys, calledmagnalium, are permitted). (6) Mercury salts.
(7) Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).
(8) Picrates or picric acid.
(9) Thiocyanates
(10) Titanium, except in particle size greater than 100-mesh. (11) Zirconium.
(b) Firecrackers.
(c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge. ( d) Roman candles, including all devices which discharge balls of fire into the arr.
(e) Chasers, including all devices which dart or travel about the surface of the ground during discharge.
(f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter. (g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches. (h) Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.
(i) Torpedoes of all kinds which explode on impact.
G) Fireworks kits.
(k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks. (Amended by Stats. 1977, Ch. 513.)
Attachment "2"
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State of California
HEALTH AND SAFETY CODE
Section 12508
12508. "Exempt fireworks" means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
(Repealed and added by Stats. 1973, Ch. 1109.)
State of California
HEALTH AND SAFETY CODE
Section 12511
12511. "Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment.
The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial born bs, and fireworks kits.
(Repealed and added by Stats. 1973, Ch. 1109.)
State of California
HEALTH AND SAFETY CODE
Section 12524
12524. "Public display of fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks.
(Repealed and added by Stats. 1973, Ch. 1109.)
Attachment "2"
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State of California
HEALTH AND SAFETY CODE
Section 12529
12529. "Safe and sane fireworks" means any fireworks that have been approved by the United States Consumer Product Safety Commission and that have been carefully examined and tested by the State Fire Iv1arshal and determined by the State Fire Marshal that the fireworks meet and are in compliance with the general and specific standards for design, construction, performance, and labeling for safe and sane fireworks, as set forth in Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations, as it reads on July 1, 2023. (Amended by Stats. 2023, Ch. 368, Sec. 1. (AB 1403) Effective January 1, 2024.) State of California
GOVERNMENT CODE
Section 853.5
853.5. The following definitions shall apply to this chapter:
(a) "Unmanned aircraft" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. (b) "Unmanned aircraft system" means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. (Added by Stats. 2016, Ch. 834, Sec. 2. (SB 807) Effective January 1, 2017.) Attachment "2"
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Response costs.
State of California
GOVERNMENT CODE
Section 53158
5315 8. It is not the intent of the Legislature, in enacting this article, to occupy the field of recovery of the expense of an emergency response by a public agency, nor is it the intent of the Legislature to preempt local regulations or to otherwise limit the remedies available to any public agency to recover the expenses of an emergency response to any incident not involving persons who operate a motor vehicle, a boat or vessel, or a civil aircraft while under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug. It is the intent of the Legislature that the recovery of the expenses of an emergency response under this chapter shall supplement and shall not supplant any other provisions of law relating to the recovery of those expenses.
(Amended by Stats. 1987, OJ. 897, Sec. 1.)
State of California
GOVERNMENT CODE
Section 53155
53155. In no event shall a person's liability under this article for the expense of an emergency response exceed twelve thousand dollars ($12,000) for a particular incident. (Amended by Stats. 2004, OJ. 51, Sec. 1. Effective January 1, 2005.) Attachment "2"
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Seizure and Disposal
**Please also see Section 12557**
State of California
HEALTH AND SAFETY CODE
Section 12721
12721. The State Fire Marshal, his or her salaried deputies, or any chief of a fire department, or his or her authorized representatives, any fire protection agency, or any other public agency authorized by statute to enforce the State Fire Marshal's regulations, may seize any fireworks described in this part. The State Fire Marshal, any chief of a fire department, any fire protection agency, or any other public agency authorized to enforce the State Fire Marshal's regulations may charge any person , firm, or corporation, whose fireworks are seized pursuant to this section, an amount which is sufficient to cover the cost of transporting, storing, and handling the seized fireworks. When the State Fire Marshal , other enforcing officer or agency described in this section, or a court determines that a person's, firm's, or corporation 's fireworks are illegally or erroneously seized, or iflegal proceedings do not result in a conviction for violation of any provision of this part, any funds collected pursuant to this section shall be refunded, or if charged but unpaid, canceled.
(Amended by Stats. 1984, Ch. 681, Sec. 1.)
State of California
HEALTH AND SAFETY CODE
Section 12723
12723. (a) The authority seizing fireworks under the provisions of this chapter shall notify the State Fire Marshal not more than three days following the date of seizure and shall state the reason for the seizure and the quantity, type, and location of the fireworks. Fireworks, with the exception of dangerous fireworks, seized pursuant to Section 12721 shall be disposed of by the State Fire Marshal in the manner prescribed by the State Fire Marshal at any time subsequent to 60 days from the seizure or 10 days from the final termination of proceedings under the provisions of Section 12593 or 12724, whichever is later. Dangerous fireworks shall be disposed of according to procedures in Sections 12724 and 12726. Fireworks seized by any authority as defined in this chapter, other than the State Fire Marshal or his or her salaried assistants, shall be held in trust for the State Fire Marshal by that authority. (b) This section shall become operative on January 1, 2016. (Repealed (in Sec. 9) and added by Stats. 2015, Ch. 24, Sec. 10. (SB 83) Effective June 24, 2015.
Section operative January 1, 2016, by its own provisions .) Attachment "2"
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State of California
HEALTH AND SAFETY CODE
Section 12726
12726. (a) The dangerous fireworks seized pursuant to this part shall be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal and in accordance with subdivision (b) at any time after the final determination of proceedings under Section 12724, or upon final termination of proceedings under Section 12593, whichever is later. If no proceedings are commenced pursuant to Section 12724, the State Fire Marshal shall manage the dangerous fireworks in a manner prescribed by the State Fire Marshal and in accordance with subdivision (b). (b) (1) The State Fire Marshal shall ensure that any dangerous fireworks seized pursuant to this part that are identified by the State Fire Marshal as hazardous waste are managed in accordance with California and federal hazardous waste laws and regulations. The State Fire Marshal shall ensure that this hazardous waste is shipped only by registered hazardous waste transporters and treated, stored, or disposed of only by authorized hazardous waste facilities.
(2) When managing fireworks seized pursuant to this part, the State Fire Marshal shall not repurpose, transfer, or sell the seized fireworks for purposes of retail sale. (3) Management of fireworks seized pursuant to this part shall only involve the following actions:
(A) Use by fire and law enforcement agencies for safety, education, training, testing, and enforcement purposes.
(B) Use by the Office of the State Fire Marshal and the federal Consumer Product Safety Commission for regulatory compliance testing and comparison. (C) Held for testing, comparison, or disposal in the interest of public safety, if identified and seized pursuant to a recall issued by the federal Consumer Product Safety Commission.
(D) Reclassification by the Office of the State Fire Marshal from a consumer product to a hazardous waste, and disposed of in accordance with applicable laws governing hazardous waste.
(E) Deconstruction or alteration by the arson and born b unit of the Office of the State Fire Marshal, local public safety bomb squads, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, or the Federal Bureau of Investigations, for purposes of testing, as it relates to the investigation of criminal, terrorist, or civil disobedience acts.
(F) Held for investigation, as it relates to counterfeit or illicit seals of the State Fire Marshal, product packaging, labeling, coding, inspection labeling, manufacturer labeling, or importer or exporter labeling.
(G) Held by the Office of the State Fire Marshal as evidence for local, state, or federal criminal prosecution.
(H) Use by the arson and bomb unit of the Office of the State Fire M arshal for fireworks education, testing, disposal, enforcement, and investigations not addressed in subparagrap hs (A) to (G), inclusive.
(c) If dangerous fireworks are seized pursuant to a local ordinance that provides for administrative fines or penalties and these fines or penalties are collected, the local government entity collecting the fines or penalties shall forward 65 percent of the collected moneys to the Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Section 12728. (Amended by Stats. 2022, OJ. 238, Sec. 1. (SB 277) Effective January 1, 2023.) Attachment "2"
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Penalty
State of California
HEALTH AND SAFETY CODE
Section 12706
12706. Notwithstanding Section 1463 of the Penal Code, all fines and forfeitures imposed by or collected in any court of this state, except for administrative fines described in Section 12557, as a result of citations issued by a public safety agency, for any violation of subdivision (b) of Section 12700 or of any regulation adopted pursuant to subdivision (b) of Section 12700, shall be deposited, as soon as practicable after the receipt of the fine or forfeiture, with the county treasurer of the county in which the court is situated. Amounts deposited pursuant to this section shall be paid at least once a month as follows:
(a) Sixty-five percent to the Treasurer, by warrant of the county auditor drawn upon the requisition of the clerk or judge of the court, for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Section 12728, on order of the Controller. At the time of the transmittal, the county auditor shall forward to the Controller, on the form or forms prescribed by the Controller, a record of the imposition, collection, and payments of the fines or forfeitures. (b) Thirty-five percent to the local public safety agency in the county in which the offense was committed to reimburse the local public safety agency for expenses, including, but not limited to, the costs for handling, processing, photographing, and storing seized dangerous fireworks.
(Added by Stats. 2007, Ch. 563, Sec. 9. Effective January 1, 2008.) State of California
GOVERNMENT CODE
Section 38773
38773. The legislative body may provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it and by ordinance may make the expense of abatement of nuisances a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with Section 38773.1 or 38773.5.
(Amended by Stats. 1990, Ch. 965, Sec. 1.)
Attachment "2"
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ORDINANCE NO. 2026-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AMENDING ESCONDIDO
MUNICIPAL CODE CHAPTER 17, ARTICLE 4, DIVISION 2
TO REGULATE FIREWORKS
WHEREAS, Part 2 of Division 11 of the California Health and Safety Code, titled the State Fireworks Law, regulates fireworks; and
WHEREAS, the Office of the Attorney General for the State of California delivered an opinion on December 20, 2011, reconfirming that cities may regulate the sale, use, discharge, possession, storage, and transportation of fireworks within city limits; and WHEREAS, Division 2 of Article 4 of Chapter 17 of the Escondido Municipal Code (“Fireworks Ordinance”) regulates fireworks within the City of Escondido (“City”); and WHEREAS, despite the current regulations, the use of illegal fireworks within the City has increased, placing a significant demand on public safety resources and emergency service agencies; and WHEREAS, illegal fireworks activity poses significant public health, safety, and fire risks; and contributes to noise disturbances, air pollution, and litter; and causes disproportionate adverse impacts on military veterans, pets, and other vulnerable populations; and WHEREAS, the Fireworks Ordinance has not been amended since 1987; and WHEREAS, community groups and residents, such as Escondido Fire Safe Council and Escondido Fights Illegal Fireworks, advocate for amendments to the Firework Ordinance; and 526
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WHEREAS, controlling illegal fireworks and preventing the spread of fire is of utmost importance to the City Council of Escondido; and
WHEREAS, the proposed amendments to the Fireworks Ordinance address the use of illegal fireworks, provide further support to law enforcement agencies, detail the disposal of illegal fireworks, impose liability on property owners who allow the use of illegal fireworks, and impose response costs on violators.
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: That proper notices of a p ublic hearing have been given and public hearing s held before the City Council on this issue.
SECTION 3. The City C ouncil has duly reviewed and considered all evidence submitted at said hearings, including without limitation:
a. Written information;
b. Oral testimony from City staff, interested parties, and the public; and c. The City Council staff report, dated May 13, 2026, which, along with its attachments are incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the public hearing. 527
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SECTION 4. Upon consideration of the submitted evidence, Escondido Municipal Code Chapter 17, Article 4, Division 2 , Fireworks, is hereby repealed and replaced as set forth in Exhibit “A” to this Ordinance and incorporated herein by reference as though fully set forth herein.
SECTION 5. ENVIRONMENTAL REVIEW. The proposed amendments to, Escondido Municipal Code Chapter 17, Article 4, Division 2, Fireworks, are not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because there is no potential for the proposed amendments to result in a physical change in the environment, either directly or indirectly, or a reasonably foreseeable indirect physical change in the environment. In the even t the proposed amendments are found to be a project within the meaning of Section 15378 of the CEQA Guidelines, the proposed amendments are exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional, for any reason, by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions.
SECTION 7. With the exception of the provisio ns protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
SECTION 8. SAVINGS CLAUSE. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred, or any right established or accruing before the effective date of this ordinance, nor shall it affect any prosecution, suit, or proceeding pending 528
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or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 9. That the City Clerk is hereby directe d to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido.
SECTION 10. The City Council authorizes all subsequent action to be taken by City Officials consistent with this Ordinance.
SECTION 11. That this Ordinance shall take effect and be in force on the thirtieth day from and after its final passage.
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Ordinance No. 2026-06
Exhibit "A"
Division 2 Fireworks
§ 17-75 Purpose.
§ 17-76 Scope.
§ 17-77 Definitions.
§ 17-78 Prohibition of Fireworks.
§ 17-79 Exceptions.
§ 17-80 Firing salutes.
§ 17-81 Precautions when displays permitted.
§ 17-82 Enforcement.
§ 17-83 Violations.
§ 17-84 Social Hosts.
§ 17-85 Response costs.
§ 17-86 Seizure and disposal.
§ 17-87 Penalty.
§ 17-88 Appeals.
Cross reference —Ch. 16 generally, Licenses and business regulations ; Ch. 33, Article 73 generally, Temporary Uses, Outdoor Display, and Sale of Retail Merchandise; § 33-663, Uses and Structures; § 33-854, General conditions.
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Ordinance No. 2026-06
Exhibit "A"
Division 2
Fireworks
§ 17-75 Purpose.
The purpose of this Chapter is to implement regulations, pursuant to the City’s police power, on the operation and use of fireworks; to promote the public health and safety; and to prevent the fire risks, noise disturbances, air pollution, litter, and adverse impacts on military veterans, pets, and other vulnerable populations. § 17-76 Scope.
Pursuant to the State Fireworks Law , this ordinance is intended to streamline enforcement and administrative fine procedur es related to the possession of 25 pounds or less of fireworks. The possession of 25 pounds or more of fireworks shall be governed by Part 2 of Division 11 of the Health and Safety Code. § 17-77 Definitions.
The following definitions apply to this Chapter; words and phrases whenever used in this Chapter shall be construed as defined in this section, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
(a) “Dangerous fireworks” has the same meaning as California Health and Safety Code section 12505, as it may be amended from time to time. (b) “Disposal fee” means the direct and reasonable costs incurred by the City—or by a private person, corporation, or other government agency operating at the request, direction, or on behalf of the City—in transporting, seizing, and disposing of fireworks, as set by state law.
(c) “Exempt fireworks” has the same meaning as California Health and Safety Code section 12508, as it may be amended from time to time.
(d) “Fireworks” has the same meaning as California Health and Safety Code section 12511, as it may be amended from time to time. The term “fireworks” includes “dangerous fireworks” and “safe and sane firew orks,” but excludes “exempt fireworks,” “party poppers,” “snap caps,” and the lawful use of flares by law enforcement personnel or motorists.
(e) “Public display of fireworks” has the same meaning as California Health and Safety Code section 12524, as it may be amended from time to time. (f) “Response costs” means the direct and reasonable costs incurred by the City— or by a private person or corporation operating at the request or direction of the City—in the course of emergency response to the incident, including the costs of providing police, fire department, or other City services at the scene of the incident.
These costs further include all of the salaries and wages of City personnel responding to the incident, and all salaries and wages of City personnel engaged in the investigation, supervision, and preparation of reports. (g) “Safe and sane fireworks” has the same meaning as California Health and 531
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Ordinance No. 2026-06
Exhibit "A"
Safety Code section 12529, as it may be amended from time to time. (h) “Unmanned Aircraft System” has the same meanin g as Government Code section 853.5, as it may be amended from time to time. For the purposes of this Chapter, the term “drone” shall have the same meaning as Unmanned Aircraft System.
(i) “Social host” means a person or persons with a right of possession of the residence or other private property at which illegal fireworks are possessed, kept, stored, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offered to sell, transported, or given away, including but not limited to:
(1) any owner of the residence or other private property —meaning the record owner of the title to property as of the time of the possession, storage, sale, use, ignition, or discharge, wherever that person or entity resides at that time;
(2) a tenant or lessee of the residence or other private property at the time when the illegal fireworks are possessed, stored, sold, used, ignited, or discharged;
(3) the person(s) in charge of the residence or other private property at the time when illegal fireworks are possessed, stored, sold, used, ignited, or discharged;
(4) the person(s) who organizes, supervises, officiates, conducts, or controls the gathering or any other persons(s) accepti ng responsibility for such gatherings where illegal fireworks are possessed.
(j) “State Fireworks Law” means California Health and Safety Code sections 12500, et seq.
§ 17-78 Prohibition of Fireworks.
(a) Except as otherwise provided by this Chapter, it shall be unlawful to possess, keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, transport, or give away any fireworks within the City of Escondido. § 17-79 Exceptions.
(a) The City may permit the public display of fireworks by properly qualified individuals or organized bodies under the direct supervision of experts in the handling of fireworks.
(b) The storage or sale of fireworks at wholesale is hereby prohibited, unless authorized by a permit from the City. Such permit shall be issued for a period of not exceeding one year.
(c) Sale of fireworks when allowed by the Fire Chief under special permits when not otherwise prohibited by applicable local or state laws, ordinances , and regulations.
(d) Use and handling of fireworks for a public display of fireworks in accordance with Title 19 of the California Code of Regulations.
(e) Activities listed in the State Fireworks Law where all necessary valid state and local permits for the activity or activities have been issued. 532
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(f) Transportation of fireworks by a person holding a valid state license upon approved routes pursuant to the State Fireworks Law.
(g) Possession, storage, sale, use, and handling of snap caps, snappers, or party poppers in accordance with Title 19 of the California Code of Regulations.
§ 17-80 Firing salutes.
(a) No person shall, upon or in any area within the jurisdiction of the City, fire any salute with gunpowder or dynamite or by the means commonly called "anvils" where powder or other explosives are used.
(1) The City may permit the use of “blanks” or other forms of salute when all required state and local permits for the activity have been obtained, including for military appreciation events or memorials. (2) For the purposes of this section, “blank” means a cartridge that produces a loud noise, muzzle flash, and/or smoke when fired or discharged, but does not expel a projectile.
§ 17-81 Precautions when displays permitted.
Public displays of fireworks permitted in accordance with section 17-79 shall be of such character and so located, discharged or fired, that, in the opinion of the Fire Chief—or his or her authorized representatives —such displays shall not be hazardous to surrounding property or endanger any person.
§ 17-82 Enforcement.
(a) It shall be the duty of the Police Department, Fire Department, and Code Compliance Division to enforce the provisions of this Chapter. The City Manager may designate others to enforce this chapter. Such persons shall be considered "Enforcement Officers" within the meaning of Chapter 1A of this Code. (b) The Fire Chief and his or her authorized representatives, the Police Chief and his or her authorized representatives, and the Code Compliance Division shall have the authority to use drones to enforce the provisions of this Chapter. § 17-83 Violations.
(a) Pursuant to Government Code section 53069.4 and Chapter 1A of this Code, an Enforcement Officer, as described in section 17-82, may issue an administrative citation for any violation of this Chapter. Notwithstanding the notice requirements described in sec tion 1A -6 of this Code, prior notice of a violation is not a prerequisite to the issuance of administrative citations. (b) A person is subject to the issuance of an administrative citation if such person, or any agent, employee, or independent contractor act ing on their behalf, whether by act or omission, causes, permits, or allows any activity prohibited under section 1778 to occur, exist, or continue.
(c) Every parent, guardian, or other person, having the legal care, custody, or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this Chapter, is subject to the issuance of an 533
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Ordinance No. 2026-06
Exhibit "A"
administrative citation in addition to any that may be issued to the offending minor. Every parent, guardian, or other person, shall be held jointly and severally liable for all fines, fees, penalties, disposal fees, pursuant to section 17-86, and response costs, pursuant to section 17-85.
(d) A person is guilty of a separate offense for each and every violation, as described in section 17 -78, if such person causes, permits, or allows to occur, exist, or continue.
(e) Any person, irrespective of age, found in violation of any provision of this Chapter may be issued an administrative citation in accordance with the provisions of this Chapter.
(f) Nothing in this Chapter shall be intended to limit any of the penalties provided for under the Health and Safety Code, Penal Code, or other sections of this Code concerning any person or entity who possess, keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, transport, or give away any fireworks.
§ 17-84 Social Hosts.
(a) Any property owner or person in control of proper ty who has knowledge of a person violating any provision of this Chapter on the property owned by such person or under such person's control shall be in violation of this section. (b) It is unlawful for any Social Host to allow, by invitation or consent, which consent may be implied , given surrounding facts and circumstances such as repeated violations, any violation of this chapter to occur without first obtaining all required permits and licenses. Such violation subjects any and all Social Host(s) to strict liability for penalties imposed for violation(s) of this section. (c) A Social Host need not be present at the time illegal fireworks are possessed, stored, sold, used, ignited , or discharged for the City to impose penalties. Prior knowledge of the violation of any provision of this Chapter is not a prerequisite to a finding that any specific individual is a Social Host as defined by this section. (d) The Social Host and any person found in violation of this Chapter shall be held jointly and severally liable for all fines, fees, penalties, disposal fees, pursuant to section 17-86, and response costs, pursuant to section 17-85. § 17-85 Response costs.
(a) Any person who has violated this Chapter shall be liable for response costs incurred in responding to the violation to the fullest extent permitted by state law. (b) In addition to any administrative penalty or any penalty under any other section of this Code or state law, any Social Host who violates this article is liable for the response costs relating to the violation. Where there is more than one Social Host, each Social Host is liable jointly and severally for response costs. (c) The amount of response costs constitutes a debt owed to the City, which may be collected in any manner legally available to the City.
(d) Notice of the response costs shall contain the following itemized information:
(1) The name of the Social Host(s) who is liable for the response costs; 534
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(2) The address of the private property where the incident occurred; (3) The date and time of the response;
(4) The itemized cost of law enforcement, fire, or other emergency response personnel who responded as well as code compliance or other city personnel and the associated legal costs.
(e) Notice shall be served on each Social Host at the property address by first-class mail or by any means provided for service of a civil complaint. (f) Payment for response costs shall be remitted to the City within thirty (30) calendar days of the date of the notice.
(g) If a person who violated this Chapter is a minor, the legal guardian(s) of the minor and the minor shall be jointly and severally liable for the response costs incurred pursuant to this chapter.
(h) To incur liability for response costs imposed by this Chapter , a person who violates this chapter need not be present at the event that causes the response giving rise to the imposition of response costs.
(i) Response costs imposed by this Chapter are in addition to any other costs that may be recovered under this Code.
§ 17-86 Seizure and disposal.
(a) A person who has violated this Chapter may be liable for a disposal fee, as set by state law.
(b) Pursuant to the State Fireworks Law , the Fire Chief and his or her authorized representatives, the Police Chief and his or her authorized representatives, and the Code Compliance Division shall have the authority to seize, take, remove or cause to be removed, at the expense of the owner or any vendor, any and all such fireworks offered or exposed for sale, stored or held in violation of this Chapter, the State Fireworks Law, or the California Fire Code.
(c) Authorities seizing fireworks shall follow the procedures to cover costs for the transportation and disposal of fireworks as outlined in the State Fireworks Law. (1) Sixty-five percent of the collected moneys shall be forwarded to the State Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund. These monies shall be deposited monthly. (2) Thirty-five percent to the local public safety agency in the county in which the offense was committed to reimburse the local public safety agency for expenses, including, but not limited to, the costs for handling, processing, photographing, and storing seized dangerous fireworks.
(d) Authorities seizing fireworks shall follow the procedures for the transportation and disposal of fireworks as outlined in the State Fireworks Law. (e) Fines collected pursuant to administrative citations shall not be subject to Health and Safety Code section 12706.
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Ordinance No. 2026-06
Exhibit "A"
§ 17-87 Penalty.
(a) Any person violating any of the provisions of this Chapter is guilty of an misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000. Any violation may also be subject to civil penalties and any other legal remedy provided in this Code or state law.
(b) Each violation described in this Chapter may be charged as a separate count for each and every occurrence.
(c) In addition to any remedy available at law, and upon a first violation, any person in violation of any provision of this Ch apter involving 25 pounds or less of fireworks may be subject to the issuance of an administrative citation not to exceed $1,000, response cost, pursuant to section 17-85, and a disposal fee as set by state law, pursuant to section 17-86.
(d) The imposition of the administrative citation, response cost, and disposal fee are considered an expense of abatement and may be collected pursuant to the provisions outlined in Chapter 1A to the fullest extent permitted by state law. (e) All violations of this Chapter are declared to be a public nuisance. § 17-88 Appeals.
Citations and all other notices, including for the imposition of response costs and disposal fees, issued for failure to comply with the provisions of this Chapter may be appealed, subject to the procedures established in section 1A-9 of this Code.
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STAFF REPORT
May 13, 2026
File Number 0865-10
SUBJECT
THE DOWNTOWN ESCONDIDO PROPERTY BUSINESS IMPROVEMENT DISTRICT (PBID) - AUTHORIZING
THE CITY MANAGER TO SIGN THE PETITION AND BALLOT AND OTHER DOCUMENTS FOR ALL CITY -
OWNED PROPERTIES IN SUPPORT OF THE DOWNTOWN ESCONDIDO PROPERTY BUSINESS
IMPROVEMENT DISTRICT
DEPARTMENT
Economic Development
RECOMMENDATION
Request the City Council adopt Resolution No. 2026-66 authorizing the City Manager to sign the petition and ballot and other documents for all City -owned properties in support of the Downtown Escondido Property Business Improvement District (“PBID”).
Staff Recommendation: Approval (Economic Development: Jennifer Schoeneck, Director of Economic Development)
Presenter: Jennifer Schoeneck, Director of Economic Development ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety COUNCIL PRIORITY – Be Business Friendly; Build Trust and Accountability; Drive Community and Land Development; Financial Stewardship
FISCAL ANALYSIS
The City of Escondido owns 30 (thirty) parcels included in the proposed PBID. The annual assessment to the City will be approximately $219,759.35. This accounts for 32.64% of the PBID’s overall assessment budget. Assessments may be subject to annual increases not to exceed 7% per year. Increases will be determined by the PBID District Management Corporation and will vary between 0% and 7% in any given year. The maximum the assessments may be incr eased is 7% over the previous fiscal year’s base assessments. The absence of increase in any given year does not give the District Management Corporation the authority to accumulate increases above 7% in any successive year.
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PREVIOUS ACTION
In 2022, City staff initiated efforts to explore the formation of a Downtown Escondido PBID by selecting New City America (“NCA”) to lead the initial discovery phase. As part of this effort, NCA conducted extensive community outreach to gauge overall suppo rt for a PBID and to identify the types of services and improvements that property owners would find most beneficial.
Progress on the project was subsequently paused due to financial uncertainty facing the City prior to the passage of Measure I. Despite this pause, the concept of a Downtown Escondido PBID remained a priority.
During the preparation of the City’s Comprehensive Economic Development Strategy ( “CEDS”), the PBID was identified as a key initiative within the Downtown Destination District strategy and was ultimately incorporated into the Council-approved plan.
Following the successful passage of Measure I, staff received direction to resume efforts toward PBID formation. To that end, the City issued a new Request for Proposals (“RFP”) and, in July 2025, reengaged New City America to restart and advance the PBID formation process.
Following reengagement in July 2025, City staff resumed active coordination with NCA to advance the Downtown PBID formation process. During this time, Economic Development staff and NCA presented an overview of the PBID initiative to the Downtown Business Association (“DBA”) membership to reintroduce the project and outline anticipated next steps.
In August 2025, NCA worked collaboratively with City staff and the DBA to furt her refine the proposed district boundaries, ensuring alignment with stakeholder input and overall project goals. Building on this effort, in September 2025, NCA conducted targeted outreach to property owners located within the proposed district boundaries to discuss the PBID concept, answer questions, and gather feedback to inform the formation process.
In early October 2025, an initial informational notice was distributed to all property owners within the proposed district. This correspondence provided an overview of the PBID, including proposed services, the funding mechanism, and an anticipated timeline, along with contact information for NCA. A follow-up notice was issued in mid-October 2025 requesting property owners to verify parcel data and providing an opportunity to update or clarify ownership and property information to ensure accuracy in the formation process.
In late 2025, two major stakeholders, Greystar and the North County Transit District ( “NCTD”), formally communicated to City staff and NCA their decision not to participate in the proposed district. In response to evolving stakeholder participation and feedback, NCA continued working with City staff in early 2026 to further refine the proposed district boundaries.
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In March 2026, New City Amer ica presented the proposed Downtown Escondido Property Business Improvement District to the Escondido City Council Economic Development Subcommittee. During public comment, downtown property owners expressed support for the proposal, and City staff receive d direction to advance the item to the full City Council for consideration.
BACKGROUND
The City of Escondido has worked to enhance the overall experience of working, visiting, shopping, and living in Downtown Escondido. These efforts have been led by the C ity of Escondido with the Grand Avenue Vision Project phases 1 and 2, intentional placemaking through the City’s Banner Program, and the Escondido Public Library Infrastructure Improvement Project. While significant public improvements have been made, espe cially along Grand Avenue, ongoing improvements are still needed. Regular maintenance such as sweeping sidewalks and gutters, emptying trash receptacles, and ensuring special events have sustainable funding are essential. Additionally, effective branding, public relations, and social media strategies are crucial for Downtown Escondido to reach its full potential. This is why the creation of a new Downtown Escondido PBID is being considered. The new PBID will provide a reliable source of funding and establish a District Management Corporation to oversee the allocation and use of the revenue generated by local property owners.
Investment in Downtown Escondido:
The City of Escondido will continue to provide general benefit services within the Downtown Escondido District, including, but not limited to, public safety programs, street sweeping, tree trimming, and other routine municipal services. In addition, the City currently contributes to a significant number of Downtown activities through temporary street closures, Public Works staff time, and public safety deployments that exceed standard Citywide service levels. These efforts support Downtown programming, events, and economic activity and represent a City investment that is equal to or greater than the propos ed PBID assessment for the City.
The frequency and level of City‑ provided general benefits may vary from year to year based on budgetary and operational considerations. However, general City services will not be withdrawn from the Downtown Escondido PBID unless they are reduced at an equal frequency Citywide. PBID‑ funded special benefits are not intended to replace existing City ‑ funded services; rather, they will provide enhanced and supplemental services that directly benefit assessed parcels, above and b eyond the general benefits currently provided by the City of Escondido.
District Formation:
Under the PBID law, District formation requires submission of petitions from private and public property owners in the proposed district representing at least 50% of the total assessments to be paid into the first year of the Downtown Escondido PBID. Once the City verifies the petitions totaling a minimum of 50%, 539
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($336,591) of the first -year annual budget, which is projected to be $673,181 in first -year annual assessments, the Escondido City Council will consider a Resolution of Intention and mail out ballots to all property owners within the proposed district. The City of Escondido will then hold a public hearing and tabulate the ballots. The Downtown Escondido PBI D will be formed if the weighted majority of all returned mail ballots support District formation and when the City Council adopts a Resolution of Formation to levy the assessments on the benefiting parcels. The date for that public hearing has not been scheduled but it is assumed that it will be held in late June or July of 2026, based upon the successful completion of the petition drive.
District Boundaries:
The proposed Downtown Escondido PBID consists of approximately 26 square blocks; blocks vary in s ize throughout the proposed PBID. It consists of 285 parcels owned by 167 property owners.
The Downtown Escondido PBID boundaries are comprised of parcels that highlight restaurants, retailers, services, office buildings, market rate and residential condom iniums apartment units, hotels, industrial and civic buildings including City Hall, Grape Street Park, and the Escondido Public Library. This represents the retail and core area of the proposed District. Benefit Zone 1 parcels represent the core of the district and are expected, due to the nature of the land uses, to derive the greatest benefit from the establishment of the Downtown Escondido PBID.
Benefit Zone 2 parcels are to be found on the periphery of the District. Benefit Zone 2 parcels will derive special benefits like Benefit Zone 1; however, the frequency of Benefit Zone 2 services, in regard to Civil Sidewalk public rights of way services, shall be approximately 4 - 5 days per week as compared to 6 - 7 days a week for Benefit Zone 1 parcels.
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Map depicting the proposed Downtown Escondido PBID. Benefit Zone 1 is depicted in White, Benefit Zone 2 in Green.
District Services:
The Downtown Escondido PBID Management District Plan gives the property owners greater flexibility in determining the type and frequency of special benefit services that will be allocated on a year-to-year basis. The proposed Downtown Escondido PBID will fund special benefit services, over and above, what the City of Escondido is currently providing. Special benefits are supplemental to the general benefits paid by the City.
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RESOLUTIONS
a. Resolution 2026-66
ATTACHMENTS
a. Attachment “1” —The Downtown Escondido Property Business Improvement District (PBID) Management District Plan
b. Attachment “2”— Assessment Engineer’s Report
c. Attachment “3” —Petition to Establish the Downtown Escondido Property Business Improvement District
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RESOLUTION NO. 2026-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO SIGN THE PETITION AND BALLOT AND
OTHER DOCUMENTS FOR ALL CITY -OWNED
PROPERTIES IN SUPPORT OF THE DOWNTOWN
ESCONDIDO PROPERTY BUSINESS IMPROVEMENT
DISTRICT
WHEREAS, the property owners within the downtown core propose the creation of the Downtown Escondido Property Business Improvement District (“PBID”) pursuant to the Property and Business Improvement Law of 199 4, California Streets and Highway Code section 36600 et seq., which authorizes cities to establish property and business improvement districts for the purposes of promoting economic revitalization and financing activities and services to improve the overall economic climate in said district; and
WHEREAS, he City of Escondido owns 30 (thirty) parcels included in the proposed Downtown Escondido PBID; and
WHEREAS, City-owned properties will have a total first -year assessment of approximately $219,759.35. Future assessment rates may be subject to an increase of no more than seven percent (7%) annually; and
WHEREAS, the City Council has determined that the public interest will be served by having these City properties in the Downtown Escondido PBID.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
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1. That the above recitations are true.
2. That the City Council authorizes the City Manager to sign all documents on behalf of all City- owned parcels in support of the Downtown Escondido PBID.
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Attachment “1”
1 THE DOWNTOWN ESCONDIDO
PROPERTY BUSINESS IMPROVEMENT DISTRICT (PBID)
MANAGEMENT DISTRICT PLAN
Draft Final Plan -
March 11, 2026
Prepared pursuant to the Section 36600 of the California Streets and Highway Code
Prepared for:
Property Owners in Downtown Escondido
City of Escondido
Prepared by:
New City America, Inc.
Corporate Office § 710 West Ivy Street § San Diego, CA 92101 § 619-233-5009 § New England Office § 794 Purchase Street § New Bedford § MA 02740 [email protected] § www.newcityamerica.com § Facebook: New City America, Inc. 545
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Attachment “1”
2 Table of Contents
Section Number
1. Management District Plan Summary 3
2. Downtown Escondido PBID Boundaries 9
3. District Improvement and Activity Plan 13
4. Assessment Methodology 18
5. District Rules, Regulations and Governance 28
6. Implementation Timetable 28
7. Assessment Roll of Properties Included 29
Attachment:
A. Engineer’s Report
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3 Section 1
Management District Plan Summary
The name of this Property Business Improvement District (“PBID”) is the Downtown Escondido Property Business Improvement District (“Downtown Escondido PBID” or the “ District”). The District is being formed under Section 36600 of the California Streets and Highway Code.
The proposed levy of assessments on real property within the proposed District will:
fund physical and maintenance improvements to parcels within the District attract new customers, and tenants
increase business sales
provide maintenance, special events and activities
fund other special benefits within the District, revitalizing the Downtown Escondido district and creating jobs, attracting and retaining businesses, and reducing petty crime.
Downtown Escondido PBID Steering Committee
Over the past few decades, stakeholders in Downtown Escondido have worked to enhance their overall experience of working, visiting, shopping, and living in the area. These efforts have been led by the Downtown Business Association, a voluntary organization. While significant public improvements have been made, especially along Grand Avenue, ongoing improvements are still needed. Regular maintenance such as sweeping sidewalks and gutters, emptying trash receptacles, and ensuring special events have sustainable funding are essential. Additionally, effective branding, public relations, and social m edia strategies are crucial for Downtown Escondido to reach its full potential.
This is why the creation of a new Downtown Escondido PBID (Property -Based Improvement District) is being considered. The new PBID will provide a reliable source of funding and establish a district management corporation to oversee the allocation and use of the revenue generated by local property owners.
How can a new PBID benefit property owners in Downtown Escondido? In summary, a Downtown Escondido PBID is a Special Benefits Assessment District whereby property owners vote, through a mail ballot procedure, to supplement their property tax bills to pay for and control the assessments they generate through the new PBID. The PBID will not replace current City services, but it can fund solutions to supplement City services in the areas including:
Safety, petty criminal, and homeless/vacancy problems Sidewalk cleanliness
Increase tree trimming and replacement of damaged trees, and landscaping Install/improve decorative amenities such as street furniture, fixtures, equipment, and lighting
Promote and enhance the brand image of Downtown Escondido 547
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4 Create a strong social media presence and facilitate public relations for Downtown Escondido businesses.
Promote public space development and placemaking.
MOST IMPORTANTLY, THESE PROPERTY ASSESSMENT FUNDS WILL NOT REPLACE EXISTING
CITY SERVICES IN DOWNTOWN ESCONDIDO AND WILL BE MANAGED BY THE PROPERTY AND
BUSINESS OWNERS THROUGH A NEW NON -PROFIT CORPORATION AFTER THE DISTRICT IS VOTED IN.
Special Benefit Budget Category Analysis
The Downtown Escondido PBID Management District Plan gives the property owners greater flexibility in determining the type and frequency of special benefit services that will be allocated on a year-to-year basis.
The proposed Downtown Escondido Property Business Improvement District , will fund special benefit services, over and above, what the City of Escondido is currently providing. Special benefits are supplemental to the general benefits paid by the City. Those categories of special benefit services include the following:
All services listed below are special benefits and supplemental to current City services.
Year 1 – PROPOSED BUDGET (ASSESSMENT REVENUES/SPECIAL BENEFIT COSTS)
CIVIL SIDEWALKS - $400,000 (ROUNDED) 60%
Examples of this category of special benefit services and costs may include, but are not limited to:
Regular sidewalk and gutter sweeping
Periodic sidewalk steam cleaning
Beautification of the district
Enhanced trash emptying (over and above city services) Timely graffiti removal, within 72 hours as necessary Maintenance of existing and new public spaces
Set up and take down of special events
Installation and maintenance of flowers throughout the district Personnel to manage in-house or contracted maintenance and any security teams
DISTRICT IDENTITY AND PLACEMAKING – $115,000 (ROUNDED) 17% Examples of this category of special benefit services and costs may include, but are not limited to:
Website development and updating
Special events
Social media, public relations firm
Enhancing current City holiday and seasonal decorations Branding of Downtown Escondido so a positive image is promoted to the public 548
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5 Banner programs
Public art displays
Public space design and improvements
Personnel to manage in -house or contracted public relations, web site maintenance or social media contractors.
ADMINISTRATION/PROGRAM MANAGEMENT - $134,000 (ROUNDED) 20% Examples of this category of special benefit services and costs may include, but is not limited to:
Staff and administrative costs, contracted or in-house Directors and Officers and General Liability Insurance Office related expenses
Financial reporting and accounting
Legal work
CONTINGENCY/CITY AND COUNTY FEES/RESERVE - $24,181 3%
Examples of this category of special benefit services and costs include, but is not limited to:
Delinquencies, City/County fees, reserves
Proposed First Year Downtown Escondido District PBID Budget *
Category of Services Percentage of budget
1st Year Allocation *
Civil Sidewalks/Safety and Cleanliness 60% $400,000
District Identity and Placemaking 17% $115,000
Administration 20% $134,000
Contingency/Reserve 3% $24,181
Total 1st year Budget 100% $673,181
*Numbers are rounded.
METHOD OF FINANCING
The financing of the Downtown Escondido PBID is based upon the levy of special assessments on real properties that receive special benefits from the improvements and activities based upon which Benefit Zone they are located within . See Section 4 for assessment methodology and compliance with Article XIII D of the California State Constitution . The five factors used to determine proportional costs to the parcels in the District:
1. Linear frontage, on all sides of the parcel (excluding alleys)
2. Lot square footage
3. Building square footage
4. Current and future residential condominiums
5. Location within one of the two geographic benefit zones of the district
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6 Costs
The costs per parcel are based upon the five factors . The Benefit Zones are determined by the anticipated special benefits that a parcel will receive based upon its proximity to the core of the district along Grand Avenue, as well as the frequency of special benefit services that th e parcel will be receiving. All assessments must be proportional to the special benefits received.
First Year Annual Costs Per Benefit Zone
Property Variable
Benefit Zone 1
Benefit Zone 2
Building Square Footage $0.20 $0.1425
Lot size $0.08 $0.057
Linear Frontage $3.00 $2.15
Residential Condos Unit Sq. Ft. $0.20 $0.20
In addition, other factors will be used to determine assessments based upon the anticipated benefit of the current land uses:
Residential condominiums will be assessed for unit building square footage only. Private parking structures or major retail parking lots may have their assessments be lowered for their gross building square footage and/or lot size assessments unless they are open to the public in general, and that parking serves the needs of visitors other than direct customers.
All publicly owned and operated parcels will be assessed for linear frontage, lot size and building square footage similar to commercial property owners , since they will receive the same frequency and types of special benefit services.
Data and Benefit Zones
There are 285 individual parcels owned by 167 property owners in the proposed Downtown Escondido Property Business Improvement District. The data was obtained by San Diego County Tax Assessors, ParcelQuest, as well as a property verification form mailed to property owners in the Downtown Escondido. The following data is used as the basis for the generation of the PBID assessments.
Property Data by Benefit Zone
Benefit
Zone
Building
Square Feet
Lot
Square Feet
Linear
Frontage
Residential
Condos
1 971,175 sq. ft 2,457,715 sq. ft. 18,939 linear feet 0 sq. ft. 2 642,483 sq. ft. 1,635,818 sq. ft. 18,938 linear feet 0 sq. ft.
Total 1,613,658 sq. ft 4,093,533 sq. ft 37,877 linear feet 0 sq. ft.
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7 Boundaries
The following description summarizes the two different Benefit Zones within the proposed Downtown Escondido Property Business Improvement District . Both Benefit Zones are geographically based. The key differences in the assessment methodology and service levels will be based only on:
1. the location in one benefit zone or the other
2. if the parcel is a single residential condominium.
Otherwise, the assessment methodology will be applied equally to all land uses, with the exceptions listed above.
Zone 1: Benefit Zone one parcels represent the core of Downtown Escondido. In general, parcels that front on W. Grand Avenue on both sides of the street from Centre City Parkway on the west and S. Ivy Street on the east. Additionally, Benefit Zone 1 parcels run along parcels on both sides of W. Valley Parkway from Centre City Parkway on the west and North Broadway on the east continuing eastward including the parcel s fronting W. Valley Parkway on the south side of the street ending at South Ivy Street
Zone 2: Benefit Zone 2 parcels include those parcels west of Centre City Parkway between W. 4th Avenue on the south and Pennsylvania on the north ending on the west at the east side of North Quince Street. Benefit Zone 2 parcels also include all parcels on the north side of W. 2nd Avenue from Centre Valley Parkway on the west and S Ivy Street on the east. Benefit Zone 2 parcels include the full block bounded by W. 2nd Avenue on the north, W. 3 rd Avenue on the south, S. Broadway on the west and S. Kalmia on the e ast. This is the public library bloc k. Benefit Zone 2 parcels also include the parcels found on the map on page 12 which identify the east side of the proposed PBID and the northeast corner of the District as shown on the shaded areas on the map on page 12.
District Formation
Under the PBID law, District formation requires submission of petitions from private and public property owners in the proposed district representing at least 50% of the total assessments to be paid into the first year of the Downtown Escondido PBID.
Once the City verifies the petitions totaling a minimum of 50%, ($336,591) of the first -year annual budget, which is projected to be $673,181 in first-year annual assessments, the Escondido City Council may adopt a Resolution of Intention and mail out ballots to all affected property owners. The City will then hold a public hearing and tabulate the ballots. The Downtown Escondido PBID will be formed if the weighted majority of all returned mail ballots support District formation and when the City Council adopts a Resolution of Formation to levy the assessments on the benefiting parcels. The date for that public hearing has not been scheduled but it is assumed that it will be held in late June or July of 2026, based upon the successful completion of the petition drive.
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8 Term
Under the PBID law in the California Streets and Highway Code, the enabling legislation, the District may be established for up to 5 years during its first term and may be established for a maximum of 10 years once the first term has been completed. State law permits this annual disestablishment of the district based upon petition and vote of the property owners . The threshold needed to tri gger the balloting for the formation of the district is the same as the process for disestablishment of the district.
Government Assessments
The Downtown Escondido PBID Management Plan assumes that any public or tax-exempt parcels shall pay into the PBID in proportion to their specific special benefit services. There are currently many City parcels in the proposed Downtown Escondido PBID. The Civil Sidewalks, District Identity and Placemaking and Administrative special benefit services will provide a clean and attractive working environment for those publicly owned and operated buildings in the core of the District. This will allow the City and County to attract new employees and provide visitors with an additional benefit of dealing with City and Coun ty business as well as reap the benefits of a full-service business district.
Governance
Pursuant to Section 366 50 of the California Streets and Highway Code, a District Management Corporation or current Owners’ Association, the Downtown Escondido Improvement Association (501c3) will review District budgets and policies annually within the limitations of the Management District Plan. The Management Corporation must file Annual Reports with the City of Escondido and will oversee the day -to-day impl ementation of services as defined in the Management District Plan. The current management corporation, the Greater Downtown Escondido Improvement Association, shall continue to serve as the management entity or Owners Association.
Exemptions or Reductions in Rates
Under this Management District Plan and consistent with Proposition 218 and Article XIII D of the State Constitution, no parcel receiving special benefits from the establishment of a property assessment district is exempt from the full payment of the annual assessment based upon the terms of this Management District Plan.
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9 Section 2
Downtown Escondido PBID Boundaries
Boundaries
The proposed Downtown Escondido PBID consists of approximately 26 square blocks (blocks vary in size throughout the proposed PBID. It consists of 285 parcels owned by 167 property owners.
See the Downtown Escondido proposed PBID map in Section 2, pages 11 and 12. The proposed District is generally bound by:
Benefit Zones
The District consists of two geographic benefit zones.
District Boundary Rationale
The Downtown Escondido PBID boundaries are comprised of parcels that highlight restaurants, retailers, services, office buildings, market rate and residential condominiums apartment units, hotels, industrial and civic buildings including City Hall, Grape Street Park , and the City public library. This represents the retail and core area of the proposed District . Benefit Zone 1 parcels represent the core of the district and are expected, due to the nature of the land uses, to derive the greatest benefit from the establishment of the Downtown Escondido PBID.
Benefit Zone 2 parcels are to be found on the periphery of the District. Benefit Zone 2 parcels will derive special benefits like Benefit Zone 1; however, the frequency of Benefit Zone 2 services, in regard to Civil Sidewalk public rights of way services, shall be approximately 4 - 5 days per week as compared to 6 - 7 days a week for Benefit Zone 1 parcels.
Northern Boundary
The northern boundary of the proposed PBID is defined by and includes the following parcels:
On the west, including parcels on the block bound aried by N. Quince Street on the west, W. Valley Parkway on the on the south, W. Pennsylvania Avenue on the north and Centre City Parkway on the east.
The major City owned parcels boundaried by Woodward Avenue on the north, S.
Escondido Blvd. on the west North Broadway on the east and W. Valley Parkway on the south.
The northern boundary of the proposed PBID continu es by crossing North Broadway including parcel 233-303-009.
The norther n boundary of the proposed PBID then continues eastward, starting at the parcel at the southeast ern corner of the intersection of E. Pennsylv ania Avenue and S.
Kalmia Street running along the south side of E. Pennsylvania Avenue, ending at the parcel at the southeastern corner of the intersection of E. Pennsylvania Avenue and S. Ivy Street, parcel number 233 -392-022. No special benefit services shall be provided to any parcel north of the northern boundary of the District as seen on page 12.
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10 Western Boundary
The western boundary of the proposed PBID is defined by and includes the following parcels:
The block bounded by W. Pennsylvania Avenue on the north and North Quince Street including parcel number 229 -331-010, continuing southward running along the east side of North Quince Street ending at parcel 229 -121-002 at the northeastern corner of the intersection of W. 4 th Avenue and North Quince Street. No special benefit services shall be provided to any parcel west of the western boundary of the District as seen on page 12.
Southern Boundary
The southern boundary of the proposed PBID is defined by and includes the following parcels:
The southern boundary begins at the block bounded by W. 4 th Avenue on the south, N.
Quince on west, W. 3 rd Avenue on the north and Centre City Parkway on the east, parcel number 229-121-002. The southern boundary then continues eastward to include all of the parcels fronting along the north side of W. 2 nd Avenue include the public library block bounded by W. 3rd Avenue, S. Broadway and S. Kalmia. The southern boundary continues eastward along the north side of W. 2nd Avenue, ending at the block including parcels 233- 462-024 and parcel 233 -462-015 at the west side of the intersection of S. Hickory Street and W. Grand Avenue. No special benefit services shall be provided to any parcel south of the southern boundary of the District as seen on page 12
Eastern Boundary
The eastern boundary of the proposed PBID is defined by and includes the following parcels:
Starting at the parcel at the southwest corner of Clark Street and N. Broadway, running southward along the west side of S. Kalmia Street and ending at E. Pennsylv ania Avenue.
The eastern boundary then continues eastward including parcels along the south side of E.
Pennsylvania Avenue ending at parcel 233 -392-022 at the sout hwestern corner of the intersection of E Pennsylvania Street and S. Ivy Street. The eastern boundary then runs southward to the blocks, including the parcels that make up the eastern side of the blocks bounded by W. Valley Parkway on the west, S. Valley Parkway on the east and S. Ivy Street on the south and west. No special benefit services sha ll be provided to any parcel east of the eastern boundary of the District as seen on page 12.
Summation
A list of all parcels in the proposed Downtown Escondido PBID are shown as Appendix 1, the report includes the San Diego County assessor parcel numbers and assessments per parcel . All identified assessed parcels within the above -described boundaries shall be assessed to fund supplemental special benefit programs, services and improvements as outlined in this Management District Plan.
All Downtown Escondido PBID funded services, programs and improvements provided within the above-described boundaries shall confer special benefit to identified assessed parcels inside the District boundaries and no services will be provided outside of the District. The frequency of services to Benefit Zone 1 and 2 are based upon the proportional benefits they will receive based upon their location in the District.
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13 Section 3
District Improvement and Activity Plan
Explanation of Special Benefit Services
All the improvements and activities detailed below are provided only to properties within the boundaries of the Downtown Escondido PBID, as the improvements and activities will provide special benefits to the owners of these properties.
The City of Escondido will continue to provide general benefit services in Downtown Escondido District which will include public safety programs, street sweeping, and tree trimming, etc. The frequency of these general benefits may change from year to year and time to time based upon budget constraints . However, City general benefits will not be withdrawn from Downtown Escondido PBID unless they are withdrawn by an equal frequency City wide. The PBID funded special benefits will not replace City funded general benefits but rather will provide enhanced special benefits to parcel owners over and above the general benefits provided by the City of Escondido.
All services funded by the assessments outlined in the Management District Plan are intended to directly benef it the properties within the District to support increased commerce, business attraction and retention, to retain and increase commercial property rentals, attract new residential developments, enhance safety and cleanliness in the District, improve District identity, and eventually fund specialized beautification and enhanced services for the property owners, businesses, visitors and residents within the District.
Special Benefit Budget Category Analysis
This Plan gives property owners greater flexibility in determining the type and frequency of special benefit services that will be allocated on a year-to-year basis. As Escondido’s Downtown District evolves, services that are needed one year may not be needed the next. Therefore, “bundles” or categories of special benefit funding have been created and divided into four broad categories – Civil Sidewalks, District Identity and Placemaking, Administration, and Contingency.
The bundles are allocated funding percentages with the flexibility to prioritize or minimize a service within each bundle.
The bundles or categories of services and their percentages represent the service plan the Downtown Escondido District property owners will be voting on when the Downtown Escondido District PBID comes up for a mail ballot later this summer.
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14 The proposed “bundles” of special benefit services are listed below. All services listed below are special benefits and supplemental to current City services.
Year 1 – PROPOSED BUDGET (ASSESSMENT REVENUES/SPECIAL BENEFIT COSTS)
CIVIL SIDEWALKS - $400,000 (ROUNDED) 60%
Examples of this category of special benefit services and costs may include, but are not limited to:
Regular sidewalk and gutter sweeping
Periodic sidewalk steam cleaning
Beautification of the district
Enhanced trash emptying (over and above city services) Timely graffiti removal, within 72 hours as necessary Maintenance of existing and new public spaces
Set up and take down of special events
Installation and maintenance of flowers and shrubs throughout the district Personnel to manage in-house or contracted maintenance and any security teams.
DISTRICT IDENTITY AND PLACEMAKING – $115,000 (ROUNDED) 17% Examples of this category of special benefit services and costs may include, but are not limited to:
Website development and updating
Special events
Social media, public relations firm
Enhancing current City holiday and seasonal decorations Branding of Downtown Escondido properties so a positive image is promoted to the public
Banner programs
Public art displays
Public space design and improvements
Personnel to manage in -house or contracted public relations, web site maintenance or social media contractors.
ADMINISTRATION/PROGRAM MANAGEMENT - $134,000 (ROUNDED) 20% Examples of this category of special benefit services and costs may include, but is not limited to:
Staff and administrative costs, contracted or in-house Directors and Officers and General Liability Insurance Office related expenses
Financial reporting and accounting
Legal work
CONTINGENCY/CITY AND COUNTY FEES/RESERVE - $24,181 3%
Examples of this category of special benefit services and costs include, but is not limited to:
Delinquencies, City/County fees, reserves
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15 Proposed First Year Downtown Escondido District PBID Budget *
Category of Services Percentage of budget
1st Year Allocation *
Civil Sidewalks/Safety and Cleanliness 60% $400,000
District Identity and Placemaking 17% $115,000
Administration 20% $134,000
Contingency/Reserve 3% $24,181
Total 1st year Budget 100% $673,181
*Numbers are rounded.
METHOD OF FINANCING
The financing of the Downtown Escondido PBID is based upon the levy of special assessments on real properties that receive special benefits from the improvements and activities based upon which Benefit Zone they are located within . See Section 4 for assessment methodology and compliance with Article XIII D of the California State Constitution . The five factor s used to determine proportional costs to the parcels in the District:
1. Linear frontage, on all sides of the parcel (excluding alleys)
2. Lot square footage
3. Building square footage
4. Current and future residential condominiums
5. Location within one of the two geographic benefit zones of the district
Data and Benefit Zones
There are 285 individual parcels owned by 167 property owners in the proposed Downtown Escondido Property Business Improvement District. The data was obtained by San Diego County Assessors, ParcelQuest as well as verification from property owners in the Downtown Escondido District. The following data is used as the basis for the generation of the PBID.
First Year Annual Costs Per Benefit Zone
Property Variable
Benefit Zone 1
Benefit Zone 2
Building Square Footage $0.20 $0.1425
Lot size $0.08 $0.057
Linear Frontage $3.00 $2.15
Residential Condos Unit Sq. Ft. $0.20 $0.20
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16 In addition, other factors will be used to determine assessments based upon the anticipated benefit of the current land uses:
Residential condominiums will be assessed for unit building square footage only. Private parking structures or major retail parking lots assessments may be lowered for their gross building square footage and/or lot size assessments unless they are open to the public in general , and that parking serves the needs of visitors other than direct customers.
All publicly owned and operated parcels will be assessed for linear frontage, lot size and building square footage similar to commercial property owners since they will receive the same frequency and types of special benefit services.
Property Data by Benefit Zone
Benefit
Zone
Building
Square Feet
Lot
Square Feet
Linear
Frontage
Residential
Condos
1 971,175 sq. ft 2,457,715 sq. ft. 18,939 linear feet 0 sq. ft. 2 642,483 sq. ft. 1,635,818 sq. ft. 18,938 linear feet 0 sq. ft.
Total 1,613,658 sq. ft 4,093,533 sq. ft 37,877 linear feet 0 sq. ft.
Costs
The costs per parcel are based upon the five factors listed on page 15. The Benefit Zones are determined by the anticipated special benefits that a parcel will receive based upon its proximity to the core of the district, as well as the frequency of special benefit services that that parcel will receive. All assessments must be proportional to the special benefits received so we have agreed upon the following Benefit Zones.
(A property owners’ annual assessment will be based upon the sum of the parcel(s) building square footage, lot square footage, and linear frontage. That sum will constitute the property owners’ “weight” in the petition and balloting phase of the formation process).
Annual Assessment Cap
The District budget and assessments may be subject to annual increases not to exceed 7% per year. Increases will be determined by the Owners’ Association/District Management Corporation and will vary between 0% and 7% annually. Changes in land use s, the development of vacant parcels, the demolition of buildings, building improvements that increase square footages, and new building construction or residential condominium development, may alter the District’s budget and individual property assessments . Linear frontage and parcel size are normally not altered in the redevelopment of a site . Changes to assessments are more likely to occur upon increases to building square footage s. Changes may also occur upon the conversion of single parcels to multiple parcels due to the construction of residential and/or commercial condominiums.
Bonds
The District will not issue any bonds related to any program. 560
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17 Operating Budget
A projected operating budget, based upon the local enabling ordinance, has an initial 5 -year term and may be renewed for up to 10 years. New City America has listed the maximum percentage of allowable annual increases based upon the current data within the district, with the following assumptions:
Assessments may be subject to annual increase , based upon the action of the new District Management Corporation Board, not to exceed 7% per year.
Changes in land use, demolition of existing buildings, and new development will occur and will change the improvements to that parcel, normally due to redevelopment of the site and the addition of new building square footage which shall be assessed based upon the provisions laid out in this Management Plan.
The budget for specific programs listed may be reallocated within each budget category by up to 10% during the term of the District . The Management Corporation Board may alter the budget based upon service needs and such changes shall be included in the Annual report and submitted to the Escondido City Council for review and approval.
Five-Year Projection of Maximum Assessment for the
Downtown Escondido PBID
Civil Sidewalks District Identity Administration Contingency TOTAL Y1 $ 400,000 $ 115,000 $ 134,000 $ 24,181 $ 673,181 Y2 $ 428,000 $ 123,050 $ 143,380 $ 25,874 $ 720,304 Y3 $ 457,960 $ 131,664 $ 153,417 $ 27,685 $ 770,725 Y4 $ 490,017 $ 140,880 $ 164,156 $ 29,623 $ 824,676 Y5 $ 524,318 $ 150,742 $ 175,647 $ 31,696 $ 882,403
Notes:
Assumes a possible 7% maximum yearly increase on all budget items, if approved annually by the District Management Corporation Board of Directors Any accrued interest or delinquent payments will be expended in the above categories.
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18 Section 4
Assessment Methodology
The proposed Downtown Escondido PBID is a property-based special benefit assessment district being established pursuant to Section 36600 of the California Streets and Highway code . Due to the special benefit nature of assessments levied within a PBID, program costs are to be distributed amon gst all identified specially benefited properties based on the proportional amount of special program benefit s each property is expected to derive from the assessments collected.
The state constitution refers to the requirement that relative benefit received from PBID funded programs and activities be used to determine the amount of assessment paid. Only those properties expected to derive special benefits from PBID funded programs and activities may be assessed and only in an amount proportional to the r elative special benefits expected to be received.
General vs. Special Benefits:
As provided by Proposition 218, assessment district programs and activities confer a combination of general and special benefits to properties, but the only program benefits that can be assessed are those that provide special benefit to the assessed properties. “Special Benefit” as defined by the California State Constitution, Article XIII (d), means “a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large.” For the purposes of this analysis, “General Benefits” are benefits provided within Downtown Escondido District that are not special in nature, are not "particular and distinct" and are not over and above the benefits that other city parcels receive.
General benefits are not restricted to benefits conferred only on persons and property outside the assessment district but can include benefits both conferred on real property located in the district or to the public at large. “At large” means not limited to any person and means all members of the public, including those who live, work, and shop within the district and not simply transient visitors.
The property uses within the boundaries of the proposed Downtown Escondido PBID which will receive special benefits from PBID funded programs and services are currently a mix of retail, service, office, religious, residential, public visitor related, cultural and parking.
Parcels that receive the special benefit programs, services and improvements outlined in this Management District Plan will attract more customers, employees, tenants and investors as a result of these programs, services and improvements, thereby increasing business volumes, sales transactions, occupancies, and rental income , and for future residents, make Downtown Escondido District more walkable, attractive and livable. These benefits are particular and distinct in that they are not provided to non -assessed parcels within or outside of the District . Because 562
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19 these programs, services and improvements will only be provided to eac h individual assessed parcel within the Downtown Escondido PBID boundaries, these programs, services , and improvements will constitute "special benefits.”
Existing City of Escondido services will not be replaced or duplicated by the Downtown Escondido PBID funded services. The purpose of this District is to fund supplemental programs, improvements, and services within the Downtown Escondido District boundaries above and beyond what is currently being funded either via normal tax supported methods or other funding sources. The assessments to be levied on parcels within the Downtown Escondido PBID are for services, programs and improvements directly benefiting each individual parcel within this area and support increased cleanliness, commerce, business attraction and retention, increased commercial property rental income and improved District identity. No PBID funded services, activities or programs will be provided beyond the Downtown Escondido District PBID boundaries.
While every attempt is made to provide PBID services and programs to confer benefits only to those identified assessed parcels within the District, the California State Constitution, Article XIII D, was a dded via Proposition 218 to provide that general benefits exist, either by design or unintentionally, in all assessment districts and that a portion of the program costs must be considered attributable to general benefits and assigned a value. General benefits cannot be funded by ass essment revenues. General benefits might be conferred on parcels within the District, or “spillover” onto parcels surrounding the District, or to the public at large who might be passing through the District with no intention of transacting business or residing within the District or interest in the District itself. Empirical assessment engineering analysis throughout California has found that general benefits within a given similar special benefit district tend to range from 1-5% of the total costs.
There are three methods that have been used by the Downtown Escondido PBID Assessment Engineer for determining general and special benefit values within assessment districts:
1. The parcel-by-parcel allocation method
2. The program/activity line-item allocation method, and
3. The composite district overlay determinant method.
A majority of PBIDs and PBIDs in California for which the Assessment Engineer has provided assessment engineering services since the enactment of Proposition 218, have used Method #3, the composite district overlay determinant method which will be used for this PBID. This method of computing the value of general benefit involves a composite of three distinct types of general benefit – general benefit to assessed parcels within the District, general benefit to the public at large within the District and general benefit to parcels outside the District.
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20 Downtown Escondido PBID Programs and Improvements
The total special and general benefit program activities and budget allocations that will be provided to each individual parcel assessed in the proposed Downtown Escondido PBID are shown in the chart below:
Total Year 1 – 2026 Special + General Benefit Costs
Category of Special
Benefit Services
Year 1
Annual Amount
(assessments to fund
special benefits)
Year 1
Non-
Assessment
Costs (general
benefits ratio)
Year 1
Total Costs
(special and
general
benefits)
% of Total
Civil Sidewalks $400,000 $8,243 $409,067 60%
District Identity $115,000 $2,335 $116,923 17%
Administration $134,000 $2,748 $136,061 20%
Contingency $24,181 $412 $24,868 3%
Total $673,181 $13,738 $686,919 100%
All program costs associated with general benefits will be derived from sources or credits other than PBID assessments. Sample “other” revenue sources can be derived from special events, grants, volunteer hours and must simply equal a total of $13,738 per year which would equal the general benefit cost of 2% of the computed total PBID cost $673,181 from the table above. Here, program costs are spread among property variables that are common to each parcel include linear frontage, lot or parcel size and building square footage, and residential condominium parcels and benefit zone. Assessed valuation cannot be used as the basis for revenue generation in the state of California since Proposition 13 sets the assessed valuation at the time of purchase of the parcel, therefore adjacent parcels may be similar in size, but have different assessed valuations. We must t herefore spread the assessments among the consistent factors of each parcel, based upon 2025 data.
Explanation of Difference in Benefit Zone Assessments
Benefit Zone 1 parcels will be assessed at a higher rate since they will have the highest frequency of Civil Sidewalks and District Identity services due to the amount of foot traffic in and around the core area will derive greater benefit than the peripheral area . This is due to the fact that W.
Grand Avenue h as received new street and sidewalk infrastructure, requiring greater services related to cleaning, landscaping and trash removal. The individual parcels being assessed include high quality retail, restaurants, services, civic buildings, higher education f acilities, parking lots and structures, residential, office, hotel and , in the future, residential condominiums and apartments. These parcels will benefit the most from the PBID special benefit services, therefore their assessments have been made to fund the costs of services to these parcels . Civil Sidewalk 564
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21 Services shall be provided approximately 6 – 7 times per week for Benefit Zone 1 parcel owners, based upon a full crew of cleaning and landscaping personnel.
Benefits Zone 2 parcels represent the parcels found on page 12 of this plan. Since they are not in the core area, these parcels will not require daily services, but Civil Sidewalk services estimated to be 4 – 5 days per week, as compared to the 6 – 7 days per week for the Benefit Zone 1 parcels.
The costs in Benefit Zone 2 are lower than those of Benefit Zone 1 due to the lack of density in this portion of the district and the lack of intense pedestrian activity that is found in Benefit Zone 1 properties with the core areas around W. Grand Avenue.
Linear Frontage Defined
Individual parcels will be assessed for all sides of each parcel fronting a public street . Alley frontage is not assessed. Each side of the parcel (excluding alley areas) will receive Civil Sidewalks special benefit services based upon the frequency of services articulated in this plan, linear front footage data was obtained from the County Assessor’s parcel maps.
Building Square Footage Defined
Building square footage is defined as gross building square footage for any parcel throughout the Downtown Escondido PBID.
Lot Square Footage Defined
Lot square footage is defined as the total amount of area within the borders of the parcel . The lot square footage of a parcel has been verified by the County Assessor’s parcel maps.
Commercial Condominium Parcels Defined
Ground floor commercial condominiums will be treated as independent “mini” commercial buildings and assessed based on their actual building square footage, the footprint of land they cover or lot size of the commercial condominium, and the amount of direct primary street frontage on the exterior of the building. Ground floor commercial condominiums will pay 100% of the special benefits for the assessment, based upon which benefit zone they are within.
Current and Future Residential Condominium Unit Parcels Defined Current and f uture residential condominiums unit square footage is defined as the livable building square footage within the walls of the condominium residential unit parcel . They are included in a special category to designate their unique special benefits relative to the commercial parcels within the Downtown Escondido PBID. Unlike the commercial parcels in the District, including commercially operated apartment buildings, residential condominium parcels are assessed for building square footage only, and are not assessed for linear frontage and lot square footage.
Current and future residential condominium parcels are assessed as a separate category . These residential condominium individual parcels will be assessed for their unit square footage only at the rate of $0.20 per square foot per year for the first year in Benefit Zone 1 and Benefit Zone 2. 565
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22 The rationale for assessing future residential condominiums only for the unit square footage rate is provided below.
Residential condominium parcels are assessed differently than multi-unit, market rate apartment rental buildings as well as legally mandated affordable units due to the frequency of special benefit services required by each parcel as described below. The multi-unit apartment buildings are commercial properties in which the tenan t and landlord have a n economic relationship as opposed to residential condominium buildings where individual property owners own separate “air space parcels” on a floor. Future residential apartment buildings can be bought or sold just like commercial buildings whereas residential condominium individual units are separately owned and must be individually bought and sold.
Distinctions between residential apartment buildings with tenants and residential condominium building with individual parcel owners are explained as follows:
1. The Davis Sterling Act establishes rules and regulations for residential condominium owners based upon “separate interests” (i.e., ownership rights), as opposed to renters who only have a possessory interest.
2. Generally, residential condominium unit owners demonstrate greater care for their property and concerns about quality-of-life issues due to their investment in real estate.
3. Residential owners and have the right to vote in a Proposition 218 hearing, tenants do not have that right.
4. Residential condominium owners are required to contribute to legally established Homeowners Associations to oversee building maintenance, tenants are not.
5. Residential tenants may have their dwelling units sold or have their rent raised arbitrarily due to the lack of ownership of their residential units.
The assessment methodology has been written to confer special benefits to current and future residential condominium individual assessed parcels since future residential condominium owners have unique expectations about the care and maintenance of the building and its surroundings compared to the interest of residential tenants who have a possessory not an ownership interest.
Exemptions or Reductions in Rates
Under this Management District Plan and consistent with Proposition 218 and Article XIII (D) of the State Constitution, no parcel receiving special benefits from the establishment of a property assessment district is exempt from payment of the assessment. There may be adjustments to the special benefits and related assessments based upon non -functional building square footage .
Those adjustments would be made on a case-by-case basis based upon the determination that lot size, linear frontage and building square footage may not be accessible to the public at large and therefore could not benefit from the services provided by the new Property Business Improvement District.
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23 It is up to each parcel owner to inform the District Management Corporation of any propos ed reduction in annual lot size assessments due to exclusive use of parcel parking lots for their customers, and which are not open to non-customers.
Calculation of Assessments
The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the improvement or the maintenance and operation expenses of an improvement or for the cost of property service being provided. Per California Constitution Article XIII D, Section 2(i), “Special Benefit,” means a and distinct benefit over and above general benefits conferred on a real property located in the district or to the public at large . No assessment will be imposed on any parcel that exceeds the reasonable cost of the proportional special benefits confer red upon that parcel. Only special benefits are assessable, and these benefits must be separated from any general benefits. Properties are assessed as defined on the County Assessor’s most current parcel maps . The preceding methodology is applied to the database of parcels within the boundaries of the District. The process in compiling the property database includes the following steps:
A report was generated from data obtained from the San Diego County Tax Assessors office. A list of properties to be included within the District is provided in Section 7.
First Year Parcel Assessment Calculation
The annual assessment method to calculate all parcels for Benefit Zone 1 will be:
Total Linear Frontage x $3.00 per foot
+
Total Building Square footage X $0.20 per sq. ft.
+
Total Lot Size x $0.08 per square foot
=
TOTAL PARCEL ASSESSMENT
The annual assessment method to calculate the residential condominiums in Benefit Zone 1:
Total Residential Condo Unit Square footage X $0.20 per square foot= Total Parcel Assessment
The annual assessment method to calculate all parcels for Benefit Zone 2 will be:
Total Linear Frontage x $2.15 per square foot
+
Total Building Square footage x $0.01425 per square foot +
Total Lot Size x $0.0570 square foot
=
TOTAL PARCEL ASSESSMENT
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24 The annual assessment method to calculate the residential condominiums in Benefit Zone 2:
Total Residential Condo Unit Square footage X $0.20 per square foot= Total Parcel Assessment
Future Development
As a result of continued new development, the Downtown Escondido PBID will experience the addition or subtraction of assessable commercial and residential buildings or the conversion of vacant parcels into new commercial and residential units. The Management District Plan assessment methodology will reflect all land use changes in the District with annual adjustments being submitted to the City, as these assessment calculation s and property variable alterations occur. Undeveloped parcels within the boundaries of the proposed Downtown PBID will pay only for linear frontage and lot size assessments due to the lack of building square footage on the parcel. If that parcel is redeveloped, the building assessments will be levied on that parcel as soon as a certificate of occupancy has been issued to that owner, by the City of Escondido.
Maximum Annual Assessment Adjustments
Assessments may be subject to annual increases not to exceed 7% per year. Increases will be determined by the PBID District Management Corporation , the Downtown Escondido Improvement Association, and will vary between 0% and 7% in any given year. The maximum the assessments may be increased is 7% over the previous fiscal year’s base assessments . The absence of increase in any given year does not give the District Management Corporation the authority to accumulate increases above 7% in any successive year. The following projections illustrate a potential 7% annual increase.
Maximum Assessments by Property Variable
Projected Assessments- Benefit Zone 1
Lot Sq. Ft Linear Frontage Bldg. Sq. Ft. Condo Sq. Ft.
Y1 $ 0.080 $ 3.000 $ 0.200 $ 0.200 Y2 $ 0.086 $ 3.210 $ 0.214 $ 0.214 Y3 $ 0.092 $ 3.435 $ 0.229 $ 0.229 Y4 $ 0.098 $ 3.675 $ 0.245 $ 0.245 Y5 $ 0.105 $ 3.932 $ 0.262 $ 0.262
Projected Assessments- Benefit Zone 2
Lot Sq. Ft Linear Frontage Bldg. Sq. Ft. Condo Sq. Ft.
Y1 $ 0.057 $ 2.150 $ 0.1425 $ 0.200 Y2 $ 0.061 $ 2.301 $ 0.1525 $ 0.214 Y3 $ 0.065 $ 2.462 $ 0.1631 $ 0.229 Y4 $ 0.070 $ 2.634 $ 0.1746 $ 0.245 Y5 $ 0.075 $ 2.818 $ 0.1868 $ 0.262 568
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25 Government Assessments
The Downtown Escondido PBID Management Plan assumes that any public or tax-exempt parcels shall pay into the PBID in proportion to their specific special benefit services. There are currently many City parcels in the proposed Downtown Escondido PBID. The Civil Sidewalks, District Identity and Placemaking and Administrative special benefit services will provide a clean and attractive working environment for those publicly owned and operated buildings in the core of the District. This will allow the City and County to attract new emplo yees and provide visitors with an additional benefit of dealing with City and County business as well as reap the benefits of a full-service business district.
APN Legal Owner
Benefit
Zone Site Address
Annual
Assessment Percent
229-352-12-00 CITY OF ESCONDIDO 1 251 WOODWARD AVE $ 117,220.64 17.41% 229-372-20-00 CITY OF ESCONDIDO 1 250 VALLEY PKWY $ 26,746.52 3.97% 229-381-15-00 CITY OF ESCONDIDO 1 $ 38,488.68 5.72% 229-382-10-00 CITY OF ESCONDIDO 2 208 N BROADWAY $ 3,429.17 0.51% 229-421-26-00 CITY OF ESCONDIDO 1 137 W VALLEY PKWY $ 4,984.28 0.74% 229-422-27-00 CITY OF ESCONDIDO 1 VALLEY PKWY $ 2,130.00 0.32% 229-431-09-00 CITY OF ESCONDIDO 1 $ 2,195.00 0.33% 229-431-22-00 CITY OF ESCONDIDO 1 225 E VALLEY PKWY $ 1,420.00 0.21% 229-432-24-00 CITY OF ESCONDIDO 1 316 E GRAND AVE $ 710.00 0.11% 229-432-25-00 CITY OF ESCONDIDO 1 304 E GRAND AVE $ 1,130.00 0.17% 229-432-26-00 CITY OF ESCONDIDO 1 314 E GRAND AVE $ 610.60 0.09% 233-022-24-00 CITY OF ESCONDIDO 2 2ND AVE $ 713.91 0.11% 233-081-26-00 CITY OF ESCONDIDO 2 123 S KALMIA ST $ 2,295.19 0.34% 233-082-25-00 CITY OF ESCONDIDO 2 $ 1,994.19 0.30% 233-091-01-00 CITY OF ESCONDIDO 2 200 S BROADWAY $ 916.77 0.14% 233-091-02-00 CITY OF ESCONDIDO 2 210 S BROADWAY $ 588.75 0.09% 233-091-03-00 CITY OF ESCONDIDO 2 123 E 2ND AVE $ 506.50 0.08% 233-091-04-00 CITY OF ESCONDIDO 2 $ 506.50 0.08% 233-091-05-00 CITY OF ESCONDIDO 2 135 E 2ND AVE $ 506.50 0.08% 233-091-06-00 CITY OF ESCONDIDO 2 141 E 2ND AVE $ 4,560.34 0.68% 233-091-07-00 CITY OF ESCONDIDO 2 KALMIA ST $ 764.50 0.11% 233-091-08-00 CITY OF ESCONDIDO 2 213 S KALMIA ST $ 606.96 0.09% 233-091-09-00 CITY OF ESCONDIDO 2 247 S KALMIA ST $ 2,593.63 0.39% 233-091-11-00 CITY OF ESCONDIDO 2 136 E 3RD AVE $ 535.00 0.08% 233-091-12-00 CITY OF ESCONDIDO 2 126 E 3RD AVE $ 535.00 0.08% 233-091-13-00 CITY OF ESCONDIDO 2 118 E 3RD AVE $ 535.00 0.08% 233-091-14-00 CITY OF ESCONDIDO 2 240 S BROADWAY $ 870.59 0.13% 233-091-15-00 CITY OF ESCONDIDO 2 106 E 3RD AVE $ 1,158.62 0.17% 233-091-16-00 CITY OF ESCONDIDO 2 $ 364.00 0.05% 233-091-17-00 CITY OF ESCONDIDO 2 $ 142.50 0.02% $ 219,759.35 32.64%
233-081-17-00 PACIFIC BELL 2 $ 9,388.05 1.39%
Term
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26 Under the PBID law in the California Streets and Highway Code, the District may be established for up to 5 years during its first term and may be established for a maximum of 10 years once the first term has been completed. State law permits this annual disestablishment of the district based upon petition and vote of the property owners. The threshold needed to trigger the balloting for the formation of the district is the same as the process for disestablishment of the district.
Time and Manner for Collecting Assessments
The Downtown Escondido PBID assessments will appear as a separate line item on annual property tax bills prepared by the San Diego County Tax Assessor. The assessments are collected at the same time and in the same manner as ad valorem property taxes paid to the County. The assessments have the same lien priority and penalties for delinquent payments as ad valorem property taxes. Any delinquent assessments owed for the first year will be added to the property tax roll for the following year together with any applicable interest and penalties. The “property owner” means any person shown as the owner/taxpayer on the last equalized assessment roll or otherwise known to be the owner/taxpayer by the City. Publicly owned properties of the City and County shall not be collected by the County Tax Assessor, but rather by a manual billing by the City of Escondido. The first assessments of the new Downtown Escondido Property Business Improvement District will appear in December 2026 property tax bills or possibly through a manual billing process by the City of Escondido, for the first year only . Thereafter, for years 2 – 5, the assessments shall show up on the annual San Diego County Tax Assessor’s annual billing process.
Budget Adjustments
Annual budget surpluses, if any, will be rolled into the following year’s budget. Assessments will be se t annually. Revenues from delinquent accounts may be expended in the year they are received.
Disestablishment
California Streets and Highways Code section 36670 provides for the disestablishment of a PBID.
Provisions for annual disestablishment of the District are provided for in the local enabling ordinance. Property owners dissatisfied with the results, management or quality of the services may petition the City Council to disestablish the District, in the same method in which they petitioned the City Council to establish it. The same petition threshold needed to establish the District will also be needed to trigger a disestablishment of the District on an annual basis.
Section 36670 of the State Streets and Highway Code states:
(b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state t he time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each 570
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27 parcel or to the owner of each business subject to assessment in the district, as appropriate.
The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.
Unexpended surplus funds will be returned to property owners based upon each property owner’s percentage contribution to the previous fiscal year’s assessments.
Governance
Pursuant to Section 366 50 of the California Streets and Highway Code, a District Management Corporation or Owners’ Association will review District budgets and policies annually within the limitations of the Management District Plan. The Management Corporation must file Annual Reports with the City of Escondido and will oversee the day -to-day implementation of services as defined in the Management District Plan. The current Management District Corporation who will continue the oversight and management of the special benefit servi ces shall be the Greater Downtown Escondido Improvement Association.
“Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be p ublic officials for any purpose. (Streets & Highway. Code § 36612.)
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28 Section 5
District Rules and Regulations and Governance
There are no specific rules and regulations prescribed for the proposed Downtown Escondido Property Business Improvement District Management Corporation except that it will adhere to the open meeting and open records provisions of the Ralph M. Brown Act and the California Public Records Act and will seek to be as open and transparent to the PBID assessees and the public at large as is reasonably possible.
Pursuant to Section 36650 of the California Streets and Highway Code, the District Management Corporation or Owners’ Association, will review District budgets and policies annually within the limitations of the Management District Plan. The Management Corporation will file Annual Reports with the City of Escondido and will oversee the day-to-day implementation of services as defined in the Management District Plan.
Section 6
Implementation Timetable
The Downtown Escondido PBID is expected to be established and begin ass essing benefiting parcels as of the fourth quarter of calendar year 2026. Due to the timing of revenue collection by the City of Escondido (for the first year of operation) and the need to establish a new contract between the Owners’ Association and the City of Escondido, implementation of the Management District Plan and the delivery of services is scheduled to commence in or around the winter of 2027. Thereafter, the PBID assessments will be on the annual property tax bill.
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29 Section 7
Assessment Roll of Properties
APN Annual Assessment
229-303-06-00 $2,778.65
229-303-07-00 $478.00
229-303-08-00 $478.00
229-303-09-00 $478.00
229-331-10-00 $8,219.73
229-331-16-00 $13,934.19
229-331-17-00 $3,916.43
229-352-12-00 $117,220.64
229-361-11-00 $2,996.93
229-372-20-00 $26,746.52
229-381-15-00 $38,488.68
229-382-07-00 $73.70
229-382-09-00 $1,060.75
229-382-10-00 $3,429.17
229-382-13-00 $1,592.07
229-382-14-00 $694.06
229-391-01-00 $829.00
229-391-02-00 $506.50
229-391-06-00 $506.50
229-391-07-00 $506.50
229-391-08-00 $829.00
229-391-09-00 $1,060.75
229-391-10-00 $506.50
229-391-11-00 $759.75
229-391-12-00 $7,444.23
229-391-13-00 $5,988.21
229-392-03-00 $147.40
229-392-04-00 $1,572.40
229-392-10-00 $73.70
229-392-11-00 $253.25
229-392-12-00 $253.25
229-392-13-00 $1,383.47
229-392-17-00 $859.90
229-392-18-00 $1,475.81
229-392-19-00 $1,926.58
229-392-20-00 $740.49
229-392-21-00 $807.50
229-392-22-00 $1,422.96
229-392-23-00 $2,438.00
229-392-24-00 $1,821.66
229-401-02-00 $1,703.80
229-401-03-00 $1,501.20
229-401-14-00 $1,332.76
229-401-15-00 $1,519.50
229-401-16-00 $2,804.60
229-401-17-00 $1,846.97
229-401-18-00 $2,300.56
229-402-06-00 $1,130.00
229-402-07-00 $3,674.00
229-402-08-00 $1,420.00
229-402-09-00 $1,485.00
229-402-10-00 $4,932.36
229-411-09-00 $355.00
229-411-13-00 $355.00
229-411-14-00 $355.00
229-411-15-00 $2,458.60
229-411-16-00 $6,122.60
229-411-25-00 $2,212.00
229-411-26-00 $4,128.64
229-411-27-00 $3,569.16
229-412-04-00 $2,294.00
229-412-05-00 $2,282.00
229-412-06-00 $710.00
229-412-10-00 $710.00
229-412-11-00 $710.00
229-412-12-00 $3,521.20
229-412-18-00 $355.00
229-412-25-00 $2,860.00
229-412-26-00 $4,870.96
229-412-27-00 $3,212.60
229-421-08-00 $3,280.48
229-421-09-00 $2,425.24
229-421-10-00 $2,310.00
229-421-11-00 $900.00
229-421-12-00 $3,507.60
229-421-14-00 $605.00
229-421-15-00 $880.60
229-421-16-00 $667.00
229-421-17-00 $943.00
229-421-18-00 $765.00
229-421-19-00 $780.00
229-421-24-00 $2,301.60
229-421-25-00 $1,055.00
229-421-26-00 $4,984.28
229-422-08-00 $2,739.60
229-422-10-00 $578.00
229-422-11-00 $605.00
229-422-12-00 $1,840.40
229-422-13-00 $1,055.00
229-422-14-00 $2,507.20
229-422-17-00 $955.00
229-422-18-00 $3,142.12
229-422-21-00 $831.20
229-422-22-00 $756.80
229-422-23-00 $2,960.60
229-422-24-00 $967.00
229-422-25-00 $967.00
229-422-26-00 $3,961.20
229-422-27-00 $2,130.00
229-431-01-00 $1,892.88
229-431-02-00 $411.52
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30 229-431-03-00 $1,110.00
229-431-07-00 $2,110.00
229-431-08-00 $775.00
229-431-09-00 $2,195.00
229-431-10-00 $2,411.80
229-431-11-00 $2,410.00
229-431-15-00 $3,510.00
229-431-16-00 $1,069.00
229-431-17-00 $1,041.00
229-431-18-00 $1,620.00
229-431-19-00 $1,776.00
229-431-20-00 $710.00
229-431-21-00 $3,310.00
229-431-22-00 $1,420.00
229-432-06-00 $1,750.00
229-432-07-00 $1,886.00
229-432-08-00 $1,631.60
229-432-16-00 $1,428.60
229-432-17-00 $891.80
229-432-18-00 $842.40
229-432-19-00 $691.00
229-432-20-00 $1,695.00
229-432-21-00 $505.00
229-432-24-00 $710.00
229-432-25-00 $1,130.00
229-432-26-00 $610.60
229-432-27-00 $707.80
229-432-28-00 $1,766.00
229-432-29-00 $2,266.00
229-432-31-00 $1,130.00
229-432-32-00 $355.00
229-432-33-00 $355.00
229-432-34-00 $355.00
229-432-35-00 $355.00
229-442-09-00 $253.25
229-442-10-00 $1,805.00
229-442-16-00 $1,224.42
229-442-17-00 $3,226.80
229-461-01-00 $2,962.20
229-461-04-00 $1,052.00
229-461-05-00 $2,475.00
229-461-12-00 $506.50
229-461-13-00 $629.05
229-461-16-00 $2,666.61
229-461-17-00 $3,023.60
229-461-18-00 $1,755.00
229-461-20-00 $1,065.00
229-461-21-00 $4,184.00
229-461-22-00 $1,837.51
229-461-23-00 $1,013.00
229-462-04-00 $377.75
229-462-15-00 $945.71
229-462-18-00 $449.43
229-462-19-00 $1,906.06
229-462-20-00 $1,553.38
229-462-21-00 $1,097.90
229-462-24-00 $3,027.98
229-462-25-00 $350.38
233-022-03-00 $561.05
233-022-05-00 $772.98
233-022-06-00 $1,499.01
233-022-07-00 $1,582.04
233-022-08-00 $869.28
233-022-09-00 $879.69
233-022-10-00 $505.70
233-022-16-00 $475.55
233-022-17-00 $334.72
233-022-20-00 $1,247.27
233-022-22-00 $759.41
233-022-24-00 $713.91
233-022-26-00 $1,957.52
233-032-01-00 $700.00
233-032-07-00 $506.50
233-032-08-00 $807.50
233-032-10-00 $506.50
233-032-11-00 $506.50
233-032-12-00 $506.50
233-032-13-00 $313.50
233-032-14-00 $883.04
233-032-17-00 $815.52
233-032-18-00 $784.71
233-032-19-00 $889.58
233-032-20-00 $3,251.62
233-032-21-00 $506.50
233-041-01-00 $1,125.04
233-041-02-01 $736.52
233-041-02-02 $721.72
233-041-02-03 $800.32
233-041-05-00 $701.40
233-041-06-00 $760.00
233-041-09-00 $900.00
233-041-12-00 $804.18
233-041-16-00 $2,357.00
233-041-17-00 $1,577.00
233-041-18-00 $2,171.85
233-041-19-00 $2,984.40
233-042-01-00 $6,148.80
233-042-02-00 $755.00
233-042-03-00 $1,510.00
233-042-04-00 $605.00
233-042-07-00 $1,055.00
233-042-08-00 $3,681.60
233-042-09-00 $349.63
233-042-10-00 $2,026.00
233-042-11-00 $506.50
233-042-12-00 $506.50
233-042-13-00 $975.33
233-042-14-00 $506.50
233-042-15-00 $506.50
233-042-16-00 $807.50
233-042-17-00 $1,710.00
233-061-01-00 $2,758.00
233-061-02-00 $710.00
233-061-03-00 $710.00
574
Item17.
Attachment “1”
31 233-061-04-00 $955.00
233-061-12-00 $314.00
233-061-13-00 $2,596.00
233-061-14-00 $877.00
233-061-24-00 $2,578.51
233-061-25-00 $3,354.65
233-061-26-00 $7,213.16
233-062-01-00 $6,620.00
233-062-02-00 $1,610.00
233-062-03-00 $2,110.00
233-062-04-00 $980.00
233-062-05-00 $892.00
233-062-06-00 $632.20
233-062-07-00 $871.00
233-062-09-00 $2,523.00
233-062-10-01 $6,678.72
233-062-10-02 $6,678.72
233-062-11-00 $875.00
233-062-12-00 $955.00
233-081-01-00 $3,430.00
233-081-02-00 $1,055.00
233-081-04-00 $1,052.60
233-081-05-00 $805.00
233-081-06-00 $885.00
233-081-07-00 $3,510.00
233-081-08-00 $955.00
233-081-09-00 $1,050.00
233-081-10-00 $1,255.00
233-081-17-00 $9,388.05
233-081-23-00 $2,530.00
233-081-24-00 $2,110.00
233-081-25-00 $1,035.00
233-081-26-00 $2,295.19
233-082-03-00 $1,055.00
233-082-04-00 $1,055.00
233-082-05-00 $859.00
233-082-06-00 $820.00
233-082-07-00 $930.00
233-082-08-00 $313.00
233-082-09-00 $251.76
233-082-10-00 $1,052.20
233-082-11-00 $1,005.00
233-082-12-00 $2,190.00
233-082-13-00 $1,350.00
233-082-14-00 $775.00
233-082-15-00 $1,725.20
233-082-16-00 $506.50
233-082-21-00 $812.63
233-082-22-00 $385.00
233-082-23-00 $2,773.43
233-082-24-00 $4,646.20
233-082-25-00 $1,994.19
233-091-01-00 $916.77
233-091-02-00 $588.75
233-091-03-00 $506.50
233-091-04-00 $506.50
233-091-05-00 $506.50
233-091-06-00 $4,560.34
233-091-07-00 $764.50
233-091-08-00 $606.96
233-091-09-00 $2,593.63
233-091-11-00 $535.00
233-091-12-00 $535.00
233-091-13-00 $535.00
233-091-14-00 $870.59
233-091-15-00 $1,158.62
233-091-16-00 $364.00
233-091-17-00 $142.50
233-121-02-00 $13,561.56
760-169-04-00 $11,102.59
575
Item17.
0 DOWNTOWN ESCONDIDO
PROPERTY BUSINESS IMPROVEMENT DISTRICT
(DEPBID)
ASSESSMENT ENGINEER’S
REPORT
Being Established for a 5-year Term Pursuant to
California Streets and Highways Code Section 36600 et seq.
Property & Business Improvement District Act of 1994, as amended Prepared by
Edward V. Henning
California Registered Professional Engineer # 26549
Edward Henning & Associates
March 17, 2026
v 1.0
Attachment "2"
576
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
1 ASSESSMENT ENGINEER’S REPORT
To Whom It May Concern:
I hereby certify to the best of my professional knowledge and experience that each of the i dentified benefiting properties located within the proposed Downtown Escondido Property Business Improvement District ("DEPBID") being established for 5 years will receive a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed assessment is proportional to, and no greater than the benefits conferred on each respective property.
Introduction
This report serves as the “detailed engineer’s report” required by Section 4(b) of Article XIIID of the California Constitution to support the benefit property assessments to be levied within the proposed DEPBID in the City of Escondido, California being established for 5 years. The discussion and analysis contained within this Report constitutes the required “nexus” of rationale between assessment amounts levied and special benefits derived by real properties within the proposed DEPBID.
March 17 2026
3/31/28
Attachment "2"
577
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
2 Background
The DEPBID is a is a property -based benefit assessment type district being established for 5 years pursuant to Section 36600 et seq. of the California Streets and Highways Code (as amended), also known as the Property and Business Improvement District Law of 1994 (the “Act”). Due to the benefit assessment nature of assessments levied within a property and business improvement district (“PBID”), district program costs are to be distributed amongst all identified benefiting properties based on the proportionate amount of special program benefit each property is projected to derive from the assessments levied. Only those properties expected to derive special benefits from PBID funded programs and activities may be assessed and only in an amount proportionate to the special benefits expected to be conferred on each assessed property.
Supplemental Article XIIID Section 4(b) California Constitution Procedures and Requirements
Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures and requirements to be carried out prior to levying a property -based assessment like the DEPBID. These requirements are in addition to requirements imposed by State and local assessment enabling laws. These requirements were “chaptered” into law as Article XIIID Section 4(b) of the California Constitution (hereinafter Article XIIID).
Since Article XIIID provisions will affect all subsequent calculations to be made in the final assessment formula for the DEPBID, these supplemental requirements will be taken into account. The key provisions of Article XIIID along with a description of how the DEPBID complies with each of these provisions are delineated below.
(Note: All section references below pertain to Article XIII D of the California Constitution):
Attachment "2"
578
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
3 Finding 1. From Section 4(a): “Identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed”
Boundaries
The proposed DEPBID consists of approximately 26 square blocks (blocks vary in size throughout the proposed PBID. It consists of 285 parcels owned by 167 property owners. See the DEPBID map in Appendix 2 of this Report.
District Boundary Rationale
The DEPBID boundaries are comprised of parcels that highlight restaurants, retailers, services, office buildings, market rate and residential condominiums apartment units, hotels, industrial and civic buildings including City Hall, Grape Street Park, and the City public library. This represents the retail and core area of the proposed District. Benefit Zone 1 parcels represent the core of the district and are expected, due to the nature of the land uses, to derive the greatest benefit from the establishment of the DEPBID.
Benefit Zone 2 parcels are to be found on the periphery of the District. Benefit Zone 2 parcels will derive special benefits like Benefit Zone 1; however, the frequency of Benefit Zone 2 services, in regard to Civil Sidewalk public rights of way services, shall be approximately 4 - 5 days per week as compared to 6 - 7 days a week for Benefit Zone 1 parcels.
It is noted that t he Property and Business Improvement District Law of 1994, California Streets & Highway Code § 36632 states, “Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments and shall not be subject to any assessment pursuant to this pa rt.” There are no parcels included in the proposed DEPBID that are zoned agricultural or solely residential. The boundaries, in part, are determined by excluding periphery residential neighborhoods.
Northern Boundary
The northern boundary of the proposed PBID is defined by and includes the following parcels:
• On the west, including parcels on the block boundaried by N. Quince Street on the west, W. Valley Parkway on the on the south, W. Pennsylvania Avenue on the north and Centre City Parkway on the east. • The major City owned parcels boundaried by Woodward Avenue on the north, S. Escondido Blvd. on the west North Broadway on the east and W. Valley Parkway on the south. • The northern boundary of the proposed PBID continues by crossing North Broadway including parcel 233- 303-009.
• The northern boundary of the proposed PBID then continues eastward, starting at the parcel at the southeastern corner of the intersection of E. Pennsylvania Avenue and S. Kalmia Street running along the south side of E. Pennsylvania Avenue, ending at the parcel at the southeastern corner of the intersection of E. Pennsylvania Avenue and S. Ivy Street, parcel number 233 -392-022. No special benefit services shall be provided to any parcel north of the northern boundary of the District.
Western Boundary
The western boundary of the proposed PBID is defined by and includes the following parcels:
• The block bounded by W. Pennsylvania Avenue on the north and North Quince Street including parcel number 229-331-010, continuing southward running along the east side of North Quince Street ending at parcel 229-121-002 at the northeastern corner of the intersection of W. 4th Avenue and North Quince Street.
No special benefit services shall be provided to any parcel west of the western boundary of the District.
Attachment "2"
579
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
4 Southern Boundary
The southern boundary of the proposed PBID is defined by and includes the following parcels:
• The southern boundary begins at the block bounded by W. 4th Avenue on the south, N. Quince on west, W. 3rd Avenue on the north and Centre City Parkway on the east, parcel number 229 -121-002. The southern boundary then continues eastward to include all of the parcels fronting along the north side of W. 2 nd Avenue include the public library block bounded by W. 3 rd Avenue, S. Broadway and S. Kalmia. The southern boundary continues eastward along the north side of W. 2nd Avenue, ending at the block including parcels 233-462-024 and parcel 233 -462-015 at the west side of the intersection of S. Hickory Street and W. Grand Avenue. No special benefit services shall be provided to any parcel south of the southern boundary of the District
Eastern Boundary
The eastern boundary of the proposed PBID is defined by and includes the following parcels:
• Starting at the parcel at the southwest corner of Clark Street and N. Broadway, running southward along the west side of S. Kalmia Street and ending at E. Pennsylvania Avenue. The eastern boundary then continues eastward including parcels along the south side of E. Pennsylvania Avenue ending at parcel 233-392-022 at the southwestern corner of the intersection of E Pennsylvania Street and S. Ivy Street. The eastern boundary then runs southward to the blocks, including the parcels that make up the eastern side of the blocks bounded by W. Valley Parkway on the west, S. Valley Parkway on the east and S. Ivy Street on the south and west.
No special benefit services shall be provided to any parcel east of the eastern boundary of the District
Benefit Zones There are two benefit zones within the proposed DEPBID. They are described as follows:
Zone 1: Benefit Zone 1 parcels represent the core of Downtown Escondido. In general, parcels that front on W. Grand Avenue on both sides of the street from Centre City Parkway on the west and S. Ivy Street on the east. Additionally, Benefit Zone 1 parcels run along parcels on b oth sides of W. Valley Parkway from Centre City Parkway on the west and North Broadway on the east continuing eastward including the parcels fronting W. Valley Parkway on the south side of the street ending at South Ivy Street
Zone 2: Benefit Zone 2 parcels include those parcels west of Centre City Parkway between W. 4 th Avenue on the south and Pennsylvania on the north ending on the west at the east side of North Quince Street. Benefit Zone 2 parcels also include all parcels on the north side of W. 2 nd Avenue from Centre Valley Parkway on the west and S Ivy Street on the east. Benefit Zone 2 parcels include the full block bounded by W. 2 nd Avenue on the north, W. 3 rd Avenue on the south, S. Broadway on the west and S.
Kalmia on the east. This is the public library block. Benefit Zone 2 parcels also include the parcels found on the map in Appendix 2 of this Report which identify the east side of the proposed PBID and the northeast corner of the District.
Summary
All identified parcels within the above -described boundaries and zones shall be assessed to fund supplemental special benefit programs, services and improvements as outlined in the Plan and in this Report.
All DEPBID funded services, programs and improvements provided within the above-described boundaries shall confer special benefit to identified assessed parcels inside the DEPBID boundaries and none will be provided outside of the DEPBID. Each assessed parcel within the DEPBID will proportionately specially benefit from the DEPBID funded Civil Sidewalks -Safety-Cleanliness, District Identity -Placemaking, Administration and Contingency-Reserve as described in more detail under “Work Plan”, beginning on page Attachment "2"
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Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
5 10 of this Report. These services, programs and improvements are intended to improve commerce, employment, rents and commercial (and future residential) occupancy rates of parcels and businesses within the DEPBID by reducing litter and debris , marketing the available goods and services and installing beautification elements, each considered necessary in a competitive properly managed business district . All DEPBID funded services programs and improvements are considered supplemental, above normal base level services provided by the City of Escondido and are only provided for the special benefit of assessed parcels within the boundaries of the DEPBID.
A list of all parcels included in the proposed DEPBID is shown as Appendix 1, attached to this Report with their respective San Diego County assessor parcel number. The boundary of the proposed DEPBID and parcels within it are shown on the map of the DEPBID attached as Appendix 2 to this Report.
Finding 2. From Section 4(a): “Separate general benefits (if any) from the special benefits conferred on parcel(s). Only special benefits are assessable. “
QUANTITATIVE BENEFIT ANALYSIS
As stipulated in Article XIIID, assessment district programs and activities confer a combination of general and special benefits, but the only program benefits that can be assessed are those that provide special benefit to the assessed properties. For the purposes of this analysis, a “general benefit” is hereby defined as: “A benefit to properties in the area and in the surrounding community or benefit to the public in general resulting from the improvement, activity, or service to be provided by the assess ment levied”. “Special benefit” as defined by Article XIIID means a distinct benefit over and above general benefits conferred on real property located in the district.
The property uses within the boundaries of the DEPBID that will receive special benefits from DEPBID funded programs and services are currently restaurants, retailers, services, office buildings, market rate and residential condominiums (future), apartment units, hotels, industrial and civic buildings including City Hall, Grape Street Park, and the City public library. No parcels within the DEPBID are zoned solely residential. Services, programs and improvements provided and funded by the DEPBID are primarily designed to provide special benefits as described below to identified assessed parcels and the array of land uses within the boundaries of the DEPBID.
The proposed DEPBID programs, improvements and services and Year 1 – 2027 budget allocation are as follows:
Year 1 – 2027 DEPBID Special Benefit Cost Allocations (Assessment Revenue Only)
BENEFIT
ZONE
CIVIL
SIDEWALKS -
SAFETY -
CLEANLINESS
DISTRICT
IDENTITY -
PLACEMAKING
ADMINISTRATION
CONTINGENCY-
RESERVE TOTAL $
TOTAL
%
% 59.4194% 17.0831% 19.9055% 3.5921% 100.00%
1 $266,002 $76,476 $89,111 $16,080 $447,669 66.5005%
2 $133,998 $38,524 $44,889 $8,101 $225,512 33.4995%
TOTAL $400,000 $115,000 $134,000 $24,181 $673,181 100.00%
Assessed parcels are conferred proportionate special benefits from all DEPBID funded programs, services Attachment "2"
581
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
6 and improvements which are intended to attract more customers, users, visitors, employees, tenants and investors. DEPBID programs, services and improvements are designed to increase business volumes, sales transactions, occupancies and rental income. These programs, services and improvements are designed to improve commerce and aesthetic appeal for owners, tenants, patrons, visitors and employees of these parcels within the DEPBID by reducing litter and debris, marketing the available goods and services and installing beautification elements, each considered necessary in a competitive properly managed business district.
These benefits are particular and distinct to each and every identified and assessed parcel within the DEPBID and are not provided to non-assessed parcels outside of the DEPBID. These programs, services and improvements will only be provided to each individual assessed parcel within the DEPBID boundaries and, in turn, confer proportionate special benefits to each assessed parcel.
In the case of the DEPBID, the very nature of the purpose of this PBID is to fund supplemental programs, services and improvements to assessed parcels within the DEPBID boundaries above and beyond what is being currently funded either via normal tax supported methods or other funding sources. All benefits derived from the assessments to be levied on assessed parcels within the DEPBID are for services, programs and improvements directly and specially benefiting each individual assessed parcel within the DEPBID. No DEPBID funded services, activities or programs will be provided outside of the DEPBID boundaries.
While every attempt is made to provide DEPBID services and programs to confer special benefits only to those identified assessed parcels within the DEPBID, Article XIIID stipulates that general benefits exist (either by design or unintentional) in all assessment districts and that a portion of the program costs must be considered attributable to general benefits and assigned a value. General benefits cannot be funded by assessment revenues.
Empirical assessment engineering analyses throughout California have found that general benefits within a given assessment district tend to range from 2 -6% of the total costs. A majority of assessment districts in California for which this Assessment Engineer has provided assessment engineering services in conformance with Article XIIID have used the composite district overlay determinant method of computing general benefits which will be used for the DEPBID. This method of computing the value of general benefit involves a composite of three distinct types of general benefit – general benefit to assessed parcels within the DEPBID, general benefit to the public at large within the DEPBID and general benefit to parcels outside the DEPBID.
General Benefit – Assessed Parcels within the DEPBID
DEPBID funded programs are narrowly designed and carefully implemented to specially benefit the assessed DEPBID parcels and are only provided for the special benefit to each and every assessed parcel within the DEPBID. It is the opinion of this Engineer, based on over 30 years of professional assessment engineering experience, that nearly 100% of benefits conferred on the 285 assessed parcels within the DEPBID are distinct and special but in the case of the DEPBID, it is projected that there are 0.20% general benefits conferred on these parcels. This high ratio of special benefits to general benefits is because the DEPBID funded programs and services are specially geared to the unique needs of each parcel within the DEPBID and are directed specially only to these parcels within the DEPBID. This concept is further reinforced by the proportionality of special benefits conferred on each parcel within the DEPBID as determined by the special benefit assessment formula as it is applied to the unique and varying pro perty Attachment "2"
582
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
7 characteristics of each parcel and the benefit zone in which it is located . The computed 0.2 0% general benefit value on the 285 parcels within the DEPBID equates to $1,346 or (.20% x $673,181).
General Benefits – Spillover to Outside Parcels
While DEPBID programs and services will not be provided directly to parcels outside the DEPBID boundaries, it is reasonable to conclude that DEPBID services may confer an indirect general benefit on parcels adjacent to the DEPBID boundaries. An inventory of the DEPBID boundaries finds that the DEPBID is immediately surrounded by 92 parcels. Of these, 55 are commercial zoned parcels with commercial uses and 37 are residentially used parcels or public/non-profit owned parcels with public/non- profit uses.
The 92 parcels directly outside the DEPBID boundaries can reasonably be assumed to receive some indirect general benefit as a result of DEPBID funded programs, services and improvements. Based on over 30 years of assessment engineering experience, it is the opinion of this Engineer that a benefit factor of 1.0 be attributed to the 285 assessed parcels within the DEPBID, a benefit factor of 0.04 be attributed to general benefits conferred on the 55 commercial parcels and uses located adjacent to or across the street from assessed parcels within the DEPBID, and a benefit factor of 0.005 be attributed to general benefits conferred on the 37 residential or publicly owned/non-profit parcels and uses located adjacent to or across the street from assessed parcels within the DEPBID. The cumulative dollar value of this general benefit type equates to $5,633 ($5,196 + $437) as delineated in the following Table:
Parcel Type Quantity Benefit
Factor
Benefit
Units
Benefit
Percent
Benefit
Value
Assessed Parcels Within District 285 1.0000 285.000 99.1701% $673,181 Comm Parcels Out 55 0.0400 2.200 0.7655% $5,196
Other Parcels Out 37 0.0050 0.185 0.0644% $437
SUBTOTAL 287.385 100.00% $678,814
General Benefit - Public At Large
While the DEPBID funded programs are narrowly designed and carefully implemented to specially benefit the assessed DEPBID parcels and are only provided for the special benefit to each and every assessed parcel within the DEPBID, these programs also provide general benefits to the public at large within the DEPBID.
For the proposed DEPBID activities, assessment engineering experience in California has found that generally over 9 5% of people moving about within similar district boundaries are engaged in business related to assessed parcels and businesses contained located within them, while the public at large “just passing through” is typically 5% or less.
Based on experience curves and the nature of the proposed DEPBID funded programs and over 30 years of assessment engineering experience, it is the opinion of this Assessment Engineer that districtwide general benefit factors for each of the DEPBID funded special benefit program element costs that provide a general benefit to the public at large are as shown in the Table below. These factors are applied to each program element cost in order to compute the dollar and percent value of districtwide general benefits to the public at large. The total dollar value of this general benefit type, public at large, equates to $6,558 as delineated in the following Table:
Attachment "2"
583
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
8 A B C E
Program Element Dollar
Allocation
General
Benefit
Percent
General
Benefit
Factor
General
Benefit Value
(A x C)
CIVIL SIDEWALKS - SAFETY -
CLEANLINESS $400,000 1.50% 0.0150 $6,000
DISTRICT IDENTITY - PLACEMAKING $115,000 0.20% 0.0020 $230 ADMINISTRATION $134,000 0.20% 0.0020 $268
CONTINGENCY-RESERVE $24,181 0.25% 0.0025 $60
TOTAL $649,000 $6,558
Composite General Benefit
Based on the general benefit values delineated in the three sections above, the total value of general benefits conferred on assessed parcels within the DEPBID, the public at large and spillover to parcels outside the WAPBID equates to $13,537 ($1,346 + $6,558 + $5,633). Total program costs are estimated to be $686,718. This Assessment Engineer has determined that the general benefit value portion of this equates to $ 13,537 or 1.9713% of the total estimated DEPBID program costs. The general benefit percentage will now be conservatively rounded up to 2.0% of the total program costs or $13,738 with the total program costs now at $686,919. Subtracting the composite general benefit value of $13,738 from the total estimated program cost of $686,919 results in a special benefit value of $673,181. This is the total amount of assessments to be levied on the 285 assessed parcels in the proposed renewed DEPBID for Year 1-2027. General benefit costs of $13,738 will need to be funded by other non-assessment sources.
A breakdown of projected special and general benefit costs for each year of the proposed 5-year term is shown in the following Table:
Year 1 – 2027 Special + Districtwide General Benefits
YR ZONE PROGRAM CATEGORY
SPECIAL
BENEFITS
GENERAL
BENEFITS
TOTAL
BENEFITS
% OF
TOTAL
YR 1 - 2027 1 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $266,002 $5,429 $271,431 59.4194% DISTRICT IDENTITY - PLACEMAKING $76,476 $1,561 $78,037 17.0831% ADMINISTRATION $89,111 $1,819 $90,930 19.9055%
CONTINGENCY-RESERVE $16,080 $328 $16,408 3.5921%
TOTAL $447,669 $9,136 $456,806 100.0000%
2 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $133,998 $2,734 $136,732 59.4194% DISTRICT IDENTITY - PLACEMAKING $38,524 $786 $39,310 17.0831% ADMINISTRATION $44,889 $916 $45,805 19.9055%
CONTINGENCY-RESERVE $8,101 $165 $8,266 3.5921%
TOTAL $225,512 $4,602 $230,113 100.0000%
1&2 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $400,000 $8,163 $408,163 59.4194% 1&2 DISTRICT IDENTITY - PLACEMAKING $115,000 $2,347 $117,347 17.0831% 1&2 ADMINISTRATION $134,000 $2,735 $136,735 19.9055%
1&2 CONTINGENCY-RESERVE $24,181 $493 $24,674 3.5921%
1&2 TOTAL $673,181 $13,738 $686,919 100.0000%
Attachment "2"
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9 YR ZONE PROGRAM CATEGORY
SPECIAL
BENEFITS
GENERAL
BENEFITS
TOTAL
BENEFITS
% OF
TOTAL
YR 2 - 2028 1 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $284,622 $5,809 $290,431 59.4194% DISTRICT IDENTITY - PLACEMAKING $81,829 $1,670 $83,499 17.0831% ADMINISTRATION $95,349 $1,946 $97,295 19.9055%
CONTINGENCY-RESERVE $17,206 $351 $17,557 3.5921%
TOTAL $479,006 $9,776 $488,782 100.0000%
2 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $143,378 $2,925 $146,303 59.4194% DISTRICT IDENTITY - PLACEMAKING $41,221 $841 $42,062 17.0831% ADMINISTRATION $48,031 $980 $49,011 19.9055%
CONTINGENCY-RESERVE $8,668 $177 $8,845 3.5921%
TOTAL $241,298 $4,923 $246,221 100.0000%
1&2 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $428,000 $8,734 $436,734 59.4194% 1&2 DISTRICT IDENTITY - PLACEMAKING $123,050 $2,511 $125,561 17.0831% 1&2 ADMINISTRATION $143,380 $2,926 $146,306 19.9055%
1&2 CONTINGENCY-RESERVE $25,874 $528 $26,402 3.5921%
1&2 TOTAL $720,304 $14,699 $735,003 100.0000%
YR ZONE PROGRAM CATEGORY
SPECIAL
BENEFITS
GENERAL
BENEFITS
TOTAL
BENEFITS
% OF
TOTAL
YR 3 - 2029 1 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $304,546 $6,216 $310,762 59.4194% DISTRICT IDENTITY - PLACEMAKING $87,557 $1,787 $89,344 17.0831% ADMINISTRATION $102,023 $2,082 $104,105 19.9055%
CONTINGENCY-RESERVE $18,410 $376 $18,786 3.5921%
TOTAL $512,536 $10,461 $522,997 100.0000%
2 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $153,414 $3,130 $156,544 59.4194% DISTRICT IDENTITY - PLACEMAKING $44,106 $900 $45,006 17.0831% ADMINISTRATION $51,393 $1,049 $52,442 19.9055%
CONTINGENCY-RESERVE $9,275 $189 $9,464 3.5921%
TOTAL $258,188 $5,268 $263,456 100.0000%
1&2 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $457,960 $9,346 $467,306 59.4194% 1&2 DISTRICT IDENTITY - PLACEMAKING $131,663 $2,687 $134,350 17.0831% 1&2 ADMINISTRATION $153,416 $3,131 $156,547 19.9055%
1&2 CONTINGENCY-RESERVE $27,685 $565 $28,250 3.5921%
1&2 TOTAL $770,724 $15,729 $786,453 100.0000%
YR ZONE PROGRAM CATEGORY
SPECIAL
BENEFITS
GENERAL
BENEFITS
TOTAL
BENEFITS
% OF
TOTAL
YR 4 - 2030 1 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $325,864 $6,651 $332,515 59.4194% DISTRICT IDENTITY - PLACEMAKING $93,686 $1,912 $95,598 17.0831% ADMINISTRATION $109,165 $2,228 $111,393 19.9055%
CONTINGENCY-RESERVE $19,699 $402 $20,101 3.5921%
TOTAL $548,414 $11,193 $559,607 100.0000%
2 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $164,153 $3,349 $167,502 59.4194% DISTRICT IDENTITY - PLACEMAKING $47,193 $963 $48,156 17.0831% ADMINISTRATION $54,991 $1,122 $56,113 19.9055%
Attachment "2"
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10 CONTINGENCY-RESERVE $9,924 $202 $10,126 3.5921%
TOTAL $276,261 $5,636 $281,897 100.0000%
1&2 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $490,017 $10,000 $500,017 59.4194% 1&2 DISTRICT IDENTITY - PLACEMAKING $140,879 $2,875 $143,754 17.0831% 1&2 ADMINISTRATION $164,156 $3,350 $167,506 19.9055%
1&2 CONTINGENCY-RESERVE $29,623 $604 $30,227 3.5921%
1&2 TOTAL $824,675 $16,829 $841,504 100.0000%
YR ZONE PROGRAM CATEGORY
SPECIAL
BENEFITS
GENERAL
BENEFITS
TOTAL
BENEFITS
% OF
TOTAL
YR 5 - 2031 1 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $348,674 $7,117 $355,791 59.4194% DISTRICT IDENTITY - PLACEMAKING $100,244 $2,046 $102,290 17.0831% ADMINISTRATION $116,807 $2,384 $119,191 19.9055%
CONTINGENCY-RESERVE $21,078 $430 $21,508 3.5921%
TOTAL $586,803 $11,977 $598,780 100.0000%
2 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $175,644 $3,583 $179,227 59.4194% DISTRICT IDENTITY - PLACEMAKING $50,497 $1,030 $51,527 17.0831% ADMINISTRATION $58,840 $1,201 $60,041 19.9055%
CONTINGENCY-RESERVE $10,619 $216 $10,835 3.5921%
TOTAL $295,600 $6,030 $301,630 100.0000%
1&2 CIVIL SIDEWALKS - SAFETY - CLEANLINESS $524,318 $10,700 $535,018 59.4194% 1&2 DISTRICT IDENTITY - PLACEMAKING $150,741 $3,076 $153,817 17.0831% 1&2 ADMINISTRATION $175,647 $3,585 $179,232 19.9055%
1&2 CONTINGENCY-RESERVE $31,697 $646 $32,343 3.5921%
1&2 TOTAL $882,403 $18,007 $900,410 100.0000%
DEPBID WORK PLAN
Overview
The services, programs and improvements to be funded by the DEPBID include Civil Sidewalks-Safety- Cleanliness, District Identity-Placemaking, Administration and Contingency-Reserve. The property uses within the boundaries of the DEPBID that will receive special benefits from DEPBID funded programs, services and improvements are currently a unique mix of restaurants, retailers, services, office buildings, market rate and residential condominiums (future), apartment units, hotels, industrial and civic buildings including City Hall, Grape Street Park, and the City public library. Services, programs and improvements provided and funded by the DEPBID are primarily designed to provide special benefits as described below to identified assessed parcels within the boundaries of the DEPBID.
These special benefits are particular and distinct to each and every identified assessed parcel within the DEPBID and are not provided to non-assessed parcels outside of the DEPBID. These programs, services and improvements will only be provided to each individual assessed parcel within the DEPBID boundaries and, in turn, confer proportionate "special benefits” to each assessed parcel.
The very nature of the purpose of the DEPBID is to fund supplemental programs, services and improvements to assessed parcels within the DEPBID boundaries above and beyond the base line services Attachment "2"
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11 provided by the City of Escondido. The City of Escondido does not provide these supplemental programs and services. All benefits derived from the assessments to be levied on assessed parcels within the DEPBID are for services, programs and improvements directly benefiting each individual assessed parcel within the DEPBID. No DEPBID funded services, activities or programs will be provided outside of the DEPBID boundaries.
The program special benefit cost allocations of the DEPBID assessment revenues for Year 1 -2027 are shown in the Table on page 13 of this Report. The projected program special benefit cost allocations of the DEPBID assessment revenues for the 5-year term of the DEPBID, assuming a 7% maximum annual assessment rate increase, are shown in the Table on pages 13-14 of this Report.
WORK PLAN DETAILS
The services to be provided by the DEPBID (i.e. Civil Sidewalks-Safety-Cleanliness, District Identity- Placemaking, A dministration and Contingency-Reserve) are all designed t o contribute to the cohesive urban fabric to ensure economic success and vitality of each assessed parcel within the proposed DEPBID.
The assessed parcels in the DEPBID will specially benefit from the DEPBID programs in the form of increasing commerce and improving economic success and vitality through meeting the DEPBID Goals:
to improv e cleanliness, beautification, landscaping and to attract and retain businesses and services, generate more pedestrian and visitor traffic and to increase commerce and improve the economic viability of each individual assessed parcel.
Assessed parcels are conferred proportionate special benefits from all DEPBID funded programs, services and improvements which are intended to attract more customers, users, visitors, employees, tenants, future residents and investors. DEPBID programs, services and improvements are designed to increase business volumes, sales transactions, occupancies and rental income. These programs, services and improvements are designed to improve commerce and aesthetic appeal for owners, tenants, patrons, visitors and employees of these parcels within the DEPBID by reducing litter and debris , marketing the available goods and services and installing beautification elements, each considered necessary in a competitive properly managed business district.
These benefits are particular and distinct to each and every identified and assessed parcel within the DEPBID and are not provided to non-assessed parcels outside of the DEPBID. These programs, services and improvements will only be provided to each individual assessed parcel within the DEPBID boundaries and, in turn, confer proportionate "special benefits” to each assessed parcel.
The following programs, services and improvements are proposed by the DEPBID to specially benefit each and every individually assessed parcel within the DEPBID boundaries. DEPBID services, programs and improvements will not be provided to parcels outside the DEPBID boundary.
CIVIL SIDEWALKS -SAFETY-CLEANLINESS $400,000 (ROUNDED) 60% Examples of this category of special benefit services and costs may include, but are not limited to:
• Regular sidewalk and gutter sweeping
• Periodic sidewalk steam cleaning
• Beautification of the district
• Enhanced trash emptying (over and above city services) • Timely graffiti removal, within 72 hours as necessary Attachment "2"
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12 • Maintenance of existing and new public spaces
• Set up and take down of special events
• Installation and maintenance of flowers and shrubs throughout the district • Personnel to manage in-house or contracted maintenance and any security teams.
DISTRICT IDENTITY-PLACEMAKING – $115,000 (ROUNDED) 17%
Examples of this category of special benefit services and costs may include, but are not limited to:
• Website development and updating
• Special events
• Social media, public relations firm
• Enhancing current City holiday and seasonal decorations • Branding of Downtown Escondido properties so a positive image is promoted to the public • Banner programs
• Public art displays
• Public space design and improvements
• Personnel to manage in -house or contracted public relations, web site maintenance or social media contractors.
ADMINISTRATION - $134,000 (ROUNDED) 20%
Examples of this category of special benefit services and costs may include, but is not limited to:
• Staff and administrative costs, contracted or in-house • Directors and Officers and General Liability Insurance • Office related expenses
• Financial reporting and accounting
• Legal work
CONTINGENCY- RESERVE - $24,181 3%
Examples of this category of special benefit services and costs include, but is not limited to:
• Delinquencies, City/County fees, reserves
In summary, all DEPBID funded services, programs and improvements described above confer special benefits to identified assessed parcels inside the DEPBID boundaries and none will be provided outside of the DEPBID. Each assessed parcel within the DEPBID will proportionately specially benefit from Civil Sidewalks-Safety-Cleanliness, District Identity-Placemaking, Administration and Contingency-Reserve.
These services, programs and improvements are intended to improve commerce, employment, rents and occupancy rates of assessed parcels within the DEPBID by reducing litter, marketing the available goods and services and installing physical improvements, each considered necessary in a competitive properly managed business district. All DEPBID funded services programs and improvements are considered supplemental, above normal base level services provided by the City of Escondido and are only provided for the special benefit of each and every assessed parcel within the boundaries of the DEPBID.
WORK PLAN BUDGET
Each identified assessed parcel within the DEPBID will be assessed the full amount of the proportionate special benefit conferred upon it based on the level of DEPBID funded services provided. The projected DEPBID program special benefit (assessments) allocation budget for Year 1- 2027 is shown in the following Table:
Attachment "2"
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13 DEPBID Year 1-2027 Special Benefit Assessment Budget by Zone
BENEFIT
ZONE
CIVIL SIDEWALKS -
SAFETY -
CLEANLINESS
DISTRICT
IDENTITY -
PLACEMAKING
ADMINISTRATION
CONTINGENCY-
RESERVE TOTAL $ TOTAL %
% 59.4194% 17.0831% 19.9055% 3.5921% 100.00%
1 $266,002 $76,476 $89,111 $16,080 $447,669 66.5005%
2 $133,998 $38,524 $44,889 $8,101 $225,512 33.4995%
TOTAL $400,000 $115,000 $134,000 $24,181 $673,181 100.0000%
In order to carry out the DEPBID programs outlined in the previous section, a Year 1-2027 assessment budget of $673,181 is projected. Since the DEPBID is being proposed for a 5-year term, projected program costs for future years (Years 2 -5) are set at the inception of the DEPBID. While future inflationary and other program cost increases are unknown at this point, a built-in maximum increase of 7% per year, commensurate to special benefits conferred on each assessed parcel, is incorporated into the projected program costs and assessment rates for the DEPBID.
Funding carryovers, if any, may be reapportioned the following year for related programs, services and improvements in accordance with the Management District Plan. Detailed annual budgets will be prepared by the Property Owners’ Association Board and included in the Annual Report for the City Council’s review and approval.
It is recognized that market conditions may cause the cost of providing goods and services to fluctuate from year to year for the proposed DEPBID. Accordingly, the Owners’ Association shall have the ability to reallocate any budget line item within the budget categories up to 10% of total budget from each year’s percentage in the Management District Plan subject to the review and approval by the Owners’ Association Board. Any proposed variation that exceeds 10% of the total budget shall be subject to review and approval from the City Manager’s Office. Any surplus or unspent funds, per category, shall be accumulated year to year over the life of the DEPBID. Such reallocation will be included in the Annual Report for approval by the City of Escondido City Council pursuant to related City policies. Any accrued interest or delinquent payments may be expended in any budget category in accordance with the Management District Plan.
A 5-year projected DEPBID special benefit budget is shown in the following Table:
YEAR 1-5 PROJECTED DEPBID ASSESSMENT BUDGET SUMMARY (Special Benefits) (Assumes 7% max rate increase per year)
YR
BENEFIT
ZONE
CIVIL
SIDEWALKS -
SAFETY -
CLEANLINESS
DISTRICT
IDENTITY -
PLACEMAKING ADMINISTRATION
CONTINGENCY-
RESERVE TOTAL $ TOTAL %
% 59.4194% 17.0831% 19.9055% 3.5921% 100%
1 1 $266,002 $76,476 $89,111 $16,080 $447,669 66.5005%
2 $133,998 $38,524 $44,889 $8,101 $225,512 33.4995%
TOTAL $400,000 $115,000 $134,000 $24,181 $673,181 100%
Attachment "2"
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14 2 1 $284,622 $81,829 $95,349 $17,206 $461,800 69.5569% 2 $143,378 $41,221 $48,031 $8,668 $232,630 30.4431%
TOTAL $428,000 $123,050 $143,380 $25,874 $694,430 100.0000%
3 1 $304,546 $87,557 $102,023 $18,410 $494,126 69.5569% 2 $153,414 $44,106 $51,393 $9,275 $248,913 30.4431%
TOTAL $457,960 $131,663 $153,416 $27,685 $743,039 100.0000%
4 1 $325,864 $93,686 $109,165 $19,699 $528,715 69.5569% 2 $164,153 $47,193 $54,991 $9,924 $266,337 30.4431%
TOTAL $490,017 $140,879 $164,156 $29,623 $795,052 100.0000%
5 1 $348,674 $100,244 $116,807 $21,078 $565,725 69.5569% 2 $175,644 $50,497 $58,840 $10,619 $284,981 30.4431%
TOTAL $524,318 $150,741 $175,647 $31,697 $850,706 100.0000%
The DEPBID assessments may increase for each individual parcel each year during the life of the DEPBID, but not to exceed 7% per year, commensurate to special benefits received by each assessed parcel, and must be approved by the Owners’ Association Board of Directors, included in the Annual Report and adopted by the City of Escondido City Council. Any accrued interest and delinquent payments will be expended within the budgeted categories. The Owners’ Association Board of the Directors (“Property Owners’ Association of the DEPBID) shall determine the percentage increase, if any, to the annual assessment, not to exceed 7% per year. The Owners’ Association Executive Director shall communicate the annual increase to the City each year in which the DEPBID operates at a time determined in the Administration Contract held between the Owners’ Association and the City of Escondido. No bonds are to be issued in conjunction with the proposed DEPBID.
Pursuant to State PBID Law, any funds remaining after each year of operation will be rolled over into the renewal budget or returned to stakeholders in accordance with State Law. If the DEPBID is terminated for any reason or disestablished, unencumbered/unexpended funds will be returned to the property owners in accordance with State Law.
Finding 3. From Section 4(a): “(Determine) the proportionate special benefit derived by each parcel in relationship to the entirety of the..........cost of public improvement(s) or the maintenance and operation expenses...........or the cost of the property related service being provided.
Each identified assessed parcel within the DEPBID will be assessed based on property characteristics unique only to that parcel. Based on the specific needs and corresponding nature of the program activities to be funded by the proposed DEPBID (i.e. Civil Sidewalks -Safety-Cleanliness, District Identity - Placemaking, Administration and Contingency -Reserve), it is the opinion of this Asse ssment Engineer that the assessment factors on which to base assessment rates relate directly to the proport ionate amount of building area, land area and street frontage of each parcel except as note herein within two benefit zones.
The calculated assessment rates are applied to the actual measured parameters of each parcel and thereby are proportional to each and every other identified assessed parcel within the DEPBID as a whole. Larger Attachment "2"
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15 parcels and those with larger buildings and/or street frontage are projected to impact the demand for services and programs to a greater extent than smaller parcels or smaller buildings or street frontages and thus, are assigned a greater proportionate degree of assessment program and service costs . The proportionality is further achieved by setting targeted formula component weights for the respective parcel by parcel identified property attributes and benefit zone in which it is located.
The proportionate special benefit cost for each parcel has been calculated based on proportionate formula components and is listed in the Management District Plan and this Report. The individual percentages (i.e. proportionate relationship to the total special benefit related program and activity costs) are computed by dividing the individual parcel assessment by the total special benefit program related costs.
Finding 4. From Section 4(a): “No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
Not only are the proposed program costs reasonable due to the benefit of group purchasing and contracting which would be possible through the proposed DEPBID, they are also considerably less than other options considered by the DEPBID Formation Advisory Committee. The actual assessment rates for each parcel within the DEPBID directly relate to the level of service and, in turn, special benefit to be conferred on each parcel based on the respective amount of building area, land area and street frontage of each parcel except as note herein within two benefit zones.
Finding 5. From Section 4(a): “Parcels........that are owned or used by any (public) agency shall not be exempt from assessment..........”
Article XIIID states that “parcels within a District that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly-owned parcels in fact receive no special benefit.”
There are currently 31 publicly owned parcels within the boundaries of the proposed DEPBID - all are owned by the City of Escondido except 1 which is owned by Pacific Bell.
For assessed publicly owned parcels and facilities, each of these parcels specially benefit from proposed DEPBID funded programs and services from cleaner facility entrances and perimeters. In addition, the proposed DEPBID funded marketing and district identity programs benefit publicly owned parcels by announcing public events and activities held at these public facilities and apprise employees of important DEPBID news and events These services and programs are designed to improve the cleanliness and usability of each publicly owned assessed parcel and facility within the DEPBID by reducing litter and debris, marketing the available goods and services in the proposed DEPBID and installing physical improvements, each considered necessary for public facilities within a business district.
It is the opinion of this Assessment Engineer that there is no clear and convincing evidence that these publicly owned parcels would not receive proportionate special benefits and thus, are not exempt from assessments nor assessed differently than privately owned parcels.
Attachment "2"
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16 PUBLICLY OWNED PARCELS
APN Legal Owner
Benefit
Zone Site Address
YR 1
Assessment Percent
229-352-12-00 CITY OF ESCONDIDO 1 251 WOODWARD AVE $ 117,220.64 17.41% 229-372-20-00 CITY OF ESCONDIDO 1 250 VALLEY PKWY $ 26,746.52 3.97% 229-381-15-00 CITY OF ESCONDIDO 1 $ 38,488.68 5.72% 229-382-10-00 CITY OF ESCONDIDO 2 208 N BROADWAY $ 3,429.17 0.51% 229-421-26-00 CITY OF ESCONDIDO 1 137 W VALLEY PKWY $ 4,984.28 0.74% 229-422-27-00 CITY OF ESCONDIDO 1 VALLEY PKWY $ 2,130.00 0.32% 229-431-09-00 CITY OF ESCONDIDO 1 $ 2,195.00 0.33% 229-431-22-00 CITY OF ESCONDIDO 1 225 E VALLEY PKWY $ 1,420.00 0.21% 229-432-24-00 CITY OF ESCONDIDO 1 316 E GRAND AVE $ 710.00 0.11% 229-432-25-00 CITY OF ESCONDIDO 1 304 E GRAND AVE $ 1,130.00 0.17% 229-432-26-00 CITY OF ESCONDIDO 1 314 E GRAND AVE $ 610.60 0.09% 233-022-24-00 CITY OF ESCONDIDO 2 2ND AVE $ 713.91 0.11% 233-081-26-00 CITY OF ESCONDIDO 2 123 S KALMIA ST $ 2,295.19 0.34% 233-082-25-00 CITY OF ESCONDIDO 2 $ 1,994.19 0.30% 233-091-01-00 CITY OF ESCONDIDO 2 200 S BROADWAY $ 916.77 0.14% 233-091-02-00 CITY OF ESCONDIDO 2 210 S BROADWAY $ 588.75 0.09% 233-091-03-00 CITY OF ESCONDIDO 2 123 E 2ND AVE $ 506.50 0.08% 233-091-04-00 CITY OF ESCONDIDO 2 $ 506.50 0.08% 233-091-05-00 CITY OF ESCONDIDO 2 135 E 2ND AVE $ 506.50 0.08% 233-091-06-00 CITY OF ESCONDIDO 2 141 E 2ND AVE $ 4,560.34 0.68% 233-091-07-00 CITY OF ESCONDIDO 2 KALMIA ST $ 764.50 0.11% 233-091-08-00 CITY OF ESCONDIDO 2 213 S KALMIA ST $ 606.96 0.09% 233-091-09-00 CITY OF ESCONDIDO 2 247 S KALMIA ST $ 2,593.63 0.39% 233-091-11-00 CITY OF ESCONDIDO 2 136 E 3RD AVE $ 535.00 0.08% 233-091-12-00 CITY OF ESCONDIDO 2 126 E 3RD AVE $ 535.00 0.08% 233-091-13-00 CITY OF ESCONDIDO 2 118 E 3RD AVE $ 535.00 0.08% 233-091-14-00 CITY OF ESCONDIDO 2 240 S BROADWAY $ 870.59 0.13% 233-091-15-00 CITY OF ESCONDIDO 2 106 E 3RD AVE $ 1,158.62 0.17% 233-091-16-00 CITY OF ESCONDIDO 2 $ 364.00 0.05% 233-091-17-00 CITY OF ESCONDIDO 2 $ 142.50 0.02% $ 219,759.35 32.64%
233-081-17-00 PACIFIC BELL 2 $ 9,388.05 1.39%
Finding 6. From Section 4(b): “All assessments must be supported by a detailed engineer’s report prepared by a registered professional engineer certified by the State of California”.
This report serves as the “detailed engineer’s report” to support the benefit property assessments proposed to be levied within the proposed DEPBID.
Finding 7. From Section 4(c): “The amount of the proposed assessment for each parcel shall be calculated (along with) the total amount thereof chargeable to the entire district, the duration of such payments, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated.”
The individual and total parcel assessments attributable to special property benefits are shown in Appendix Attachment "2"
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17 1 to the Management District Plan and this Report. The proposed DEPBID and resultant assessment levies will continue for 5 years unless disestablished. The reasons for the proposed assessments are outlined in Finding 2 above as well as in the Management District Plan. The calculation basis of the proposed assessment is attributed to building area, land area and street frontage of each parcel except as note herein within two benefit zones.
Assessment Formula Methodology
Step 1. Select “Benefit Unit(s)”
Background - Assessment Formula Development
The method used to determine special benefits derived by each identified assessed property within a PBID begins with the selection of a suitable and tangible basic benefit unit. For property related services, such as those proposed in the DEPBID, the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or building size in square feet or any combination of these factors. Factor quantities for each parcel are then measured or otherwise ascertained. From these figures, the amount of benefit units to be assigned to each property can be calculated. Special circumstances such as unique geography, land uses, development constraints etc. are carefully reviewed relative to specific programs and improvements to be funded by a PBID in order to determine any levels of different benefit that may apply on a parcel-by-parcel or categorical basis.
Based on the factors described above such as geography and nature of programs and activities proposed, an assessment formula is developed which is derived from a singular or composite benefit unit factor or factors. Within the assessment formula, different factors may be assigned different “weights” or percentage of values based on their relationship to programs/services to be funded.
Next, all program and activity costs, including in cidental costs, administration and ancillary program costs, are estimated. It is noted, as stipulated in Article XIIID Section 4(b) of the California Constitution, and now required of all property-based assessment districts, indirect or general benefit related costs may not be incorporated into the assessment formula and levied on the district properties; only direct or “special” benefits related costs may be used. Indirect or general benefits, if any, must be identified and, if quantifiable, calculated and factored out of the assessment cost basis to produce a “net” cost figure. In addition, Article XIIID Section 4(b) of the California Constitution also no longer automatically exempts publicly owned property from being assessed unless the respective public agency can provide clear and convincing evidence that their property does not specially benefit from the programs and services to be funded by the proposed special assessments. If special ben efit is determined to be conferred upon such properties, they must be assessed in proportion to special benefits conferred in a manner similar to privately owned property assessments. (See pages 15-16 of this Report for discussion regarding publicly owned parcels within the DEPBID).
From the estimated program costs, the value of a benefit unit or “unit cost” can be computed by dividing the total amount of estimated program costs by the total number of benefit units. The amount of assessment for each parcel can be computed at this time by multiplying the Unit Cost times the number of Benefit Units per parcel. This is known as “spreading the assessment” or the “assessment spread” in that all costs are allocated proportionately or “spread” amongst all benefitting properties within the PBID.
The method and basis of spreading program costs varies from one PBID to another based on local geographic conditions, types of programs and activities proposed, and size and development complexity Attachment "2"
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18 of the district. CBIDs may require secondary benefit zones to be identified to allow for a tiered assessment formula for variable or stepped-down benefits derived.
DEPBID Assessment Formula
Based on the specific needs and corresponding nature of the program activities to be funded by the proposed DEPBID (i.e. Sidewalk Operations, District Identity-Placemaking, Administration-Management and Contingency-Reserve) it is the opinion of this Assessment Engineer that the assessment factors on which to base assessment rates relate directly to the proportionate amount of building area, land area and street frontage of each parcel except as note herein within two benefit zones.
The “Benefit Units” will be expressed as a combined function of gross building square footage (Benefit Unit “A”), land area (Benefit Unit “B”), street frontage (Benefit Unit “C”) and interior building pad area for future residential condominiums (Benefit Unit “D”). Based on the shape of the proposed DEPBID, as well as the nature of the work program, it is determined that all identified properties will gain a direct and proportionate degree of special benefit based on the respective amount of land area, street frontage and building area . It is noted and explained in more detail on page 19 under “Special Assessment Circumstances” that future residential condominiums will be assessed based only on interior building pad square footage of each unit.
There are 2 benefit zones within the proposed DEPBID. The targeted weight of assessments for Zone 1 is about 65%. The actual assessment revenue projected to be generated by Zone 1 is 66.5006%. The targeted weight of Zone 2 assessment revenue is about 35%. The actual assessment reven ue projected to be generated by Zone 2 is 33.4995%.
The interaction of building area, land area and street frontage quantities is a common method of fairly and equitably spreading special benefit costs to the beneficiaries of PBID funded services, programs and improvements. These factors directly relate to the proportion of special benefit each assessed parcel will receive from DEPBID funded activities, programs and improvements.
Building Area (Benefit Units A) is a direct measure of the static utilization of each parcel and its corresponding impact or draw on DEPBID funded activities. The targeted revenue weight of Building Area (Units A) is about 40%. Unit A will actually generate 42.4535% of the overall assessment revenue
Land Area (Benefit Unit B) is a direct measure of the current and future development capacity of each parcel and its corresponding impact or draw on DEPBID funded activities. The targeted revenue weight of Land Area (Unit B) is about 45%. Unit A will actually generate 43.0581% of the overall assessment revenue.
Street Frontage (Benefit Unit C) is a direct measure of each parcel’s corresponding impact or draw on DEPBID funded activities. The targeted revenue weight of Street Frontage (Unit C) is about 15%. Unit B will actually generate 14.4885% of the overall assessment revenue.
Attachment "2"
594
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
19 Special Assessment Circumstances
1. Residential Condominiums
Though currently no residential condominium parcels exist within the boundaries of the DEPBID, future residential condos will be assessed as a separate category. It is the opinion of this Assessment Engineer that residential condominium parcels will proportionately specially benefit from DEPBID funded programs and activities, but differently than commercial parcels and other residential parcels with multiple units on them. As such, based on the development configuration of such units which are generally multi floor building s with no direct land or street frontage, the assessments for residential condominiums shall be assessed based solely on the internal building area of each residential condominium unit at the rate of $0. 20 per square foot of internal building pad area, subject to any approved annual rate increases.
2. Commercial and Mixed-Use Condominiums
While no mixed -use condominiums currently exist within the DEPBID, g round floor c ommercial condominiums within the DEPBID shall be assessed based on actual land area covered, condominium building area and direct street frontage for each unit. Because such uses are typically developed as part of a multi -floor mixed -use complex, special methodologies are needed to address the levy of assessments on such land uses as follows:
Multi-Floor Commercial Only Condominiums (Upper Floors) - Building area assessed at respective building area rate
Multi-Floor Mixed-Use Condominiums
- Commercial condo (See above for ground floor and upper floor locations) - Residential condo (See # 2 above)
Changes to Building and/or Parcel Size
Any changes in building or parcel size as a result of new construction, demolitions, land adjustments including but not limited to lot splits, consolidations, subdivisions, street dedications, right of way setbacks shall have their assessment adjusted upon final City approval of such building and/or parcel adjustments.
Other Future Development
Other than future maximum rates and the assessment methodology delineated in this Report , future assessments may increase for any given parcel if such an increase is attributable to events other than an increased rate or revised methodology, such as a change in the density, intensity, or nature of the use of land. Any change in assessment formula methodology or rates other than as stipulated in this Report would require a new Article XIIID ballot procedure in order to approve any such changes.
Step 2. Quantify Total Basic Benefit Units
Considering all identified specially benefiting parcels within the DEPBID and their respective assessable benefit units, the cumulative quantities by factor and zone are shown in the following Table:
Attachment "2"
595
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
20 Year 1 – 2027- Assessable Benefit Units
BENEFIT
ZONE
BUILDING
AREA (SF)
LAND AREA
(SF)
STREET
FRONTAGE
(LF)
R-CONDO
BUILDING
AREA (SF)
# OF
ASSESSABLE
PARCELS
1 971,175 2,457,715 18,939 0 156
2 642,483 1,635,818 18,938 0 129
TOTAL 1,613,658 4,093,533 37,877 0 285
Considering all identified specially benefiting parcels within the DEPBID and their respective assessable benefit units, the cumulative assessment revenue by factor are shown in the following Table:
Year 1 – 2027 - Assessment Revenue
BENEFIT
ZONE
BUILDING
AREA
AREA
ASSMT
REVENUE
LAND AREA
ASSMT
REVENUE
STREET
FRONTAGE
ASSMT
REVENUE
R-CONDO
BUILDING
AREA AREA
ASSMT
REVENUE
TOTAL
REVENUE
% OF
TOTAL
1 $194,235.00 $196,617.20 $56,817.00 $0.00 $447,669.20 66.5005% 2 $91,553.83 $93,241.63 $40,716.70 $0.00 $225,512.16 33.4995% TOTAL $285,788.83 $289,858.83 $97,533.70 $0.00 $673,181.36 100.00%
Zone 1 % 28.8533% 29.2072% 8.4401% 0.0000% 66.5006%
Zone 2 % 13.6002% 13.8509% 6.0484% 0.0000% 33.4995%
Total % 42.4535% 43.0581% 14.4885% 0.0000% 100.00%
Step 3. Calculate Benefit Units for Each Property.
The number of Benefit Units for each identified benefiting parcel within the proposed DEPBID was computed from data extracted from County Assessor records and maps. These data sources delineate current land uses, property areas and dimensions of record for each tax parcel. While it is understood that this data does not represent legal field surve y measurements or detailed title search of recorded land subdivision maps or building records, it does provide an acceptable basis for the purpose of calculating property-based assessments. All respective property data being used for assessment computation s will be provided to each property owner in the DEPBID for their review. If a property owner believes there is an error on a parcel’s assessed quantities, the DEPBID may confirm the data with the San Diego County Assessor’s office. If DEPBID data matches Assessor’s data, the property owner may opt to work with the Assessor’s office to correct the data so that the DEPBID assessment may be corrected.
Step 4. Determine Assessment Formula
In the opinion of this Assessment Engineer, the general assessment formula for the proposed DEPBID, as shown in the Year 1 Assessment Rate Table above, is as follows, except as noted on page 19 for future residential condominiums:
Attachment "2"
596
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
21 Assessment = Land Area (Unit A) Sq Ft x Unit A Rate, plus Street Frontage (Unit B) Lin Ft x Unit B Rate, plus
Building Area (Unit C) Sq Ft x Unit C Rate
Assessment Formula Unit Rates
Based on figures from the Assessable Benefit Units Table above, the assessment rates for each factor and zone are shown as calculated below:
ZONE 1
Building Area Rate (Unit A-1)
($673,181.36 x 28.8533%/ 971,175 assessable building area units = $0.20/sf building area
Land Area Rate B (Unit B-1)
($673,181.36 x 29.2072%) / 2,457,715 assessable land area units = $0.08/sf land area
Street Frontage Rate (Unit C-1)
($673,181.36 x 8.4401%) / 18,939 assessable frontage units = $0.20/lin ft frontage
ZONE 2
Building Area Rate (Unit A-2)
($673,181.36 x 13.6002%) / 642,483 assessable building area units = $0.1425/sf building area
Land Area Rate B (Unit B-2)
($673,181.36 x 13.8509%) / 1,635,818 assessable land area units = $0.057/sf land area
Street Frontage Rate (Unit C-2)
($673,181.36 x 6.0484%) / 18,938 assessable frontage units = $2.15/lin ft frontage
It is noted that the assessment rate for future residential condominiums is set at the Year 1 -2027 building area rate of $0.20 per square foot of interior building pad area subject to a maximum 7% rate increase per year for the proposed 5-year DEPBID term.
Attachment "2"
597
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
22 YEAR 1 –2027 Assessment Rates
BENEFIT
ZONE
BUILDING
AREA
RATE
($/SF)
LAND
AREA RATE
($/SF)
STREET
FRONTAGE
RATE
($/LF)
R-CONDO
BUILDING
AREA
RATE
($/SF)
1 $0.2000 $0.0800 $3.0000 $0.2000
2 $0.1425 $0.0570 $2.1500 $0.2000
The complete Year 1 – 2027 assessment roll of all parcels to be assessed by the DEPBID is included in this Report as Appendix I.
Step 5. Estimate Total DEPBID Costs
The total projected 5-year DEPBID special benefit costs for 2027 – 2031 are shown in the Table on pages 13-14 of this Report assuming a maximum 7% increase per year.
Step 6. Separate General Benefits from Special Benefits and Related Costs (Article XIIID)
Total Year 1 special and districtwide general benefit related costs are estimated at $686,919. Districtwide general benefits are factored at 2% of the total benefit value (see Finding 2 of this Report) with special benefits set at 98%. Article XIIID limits the levy of property assessments to costs attributed to special benefits only. The 2% general benefit value is computed to be $13,738 with a resultant 98% special benefit limit computed at $673,181. Based on current property data and land uses, this is the maximum amount of Year 1 - 2027 revenue that can be derived from property assessments from the subject District. All program costs associated with district-wide and site/activity specific general benefits will be derived from sources other than DEPBID assessments.
Step 7. Calculate “Basic Unit Cost”
With a YR 1 - 2027 assessment revenue portion of the budget set at $673,181 (special benefit only), the Unit Costs (rates) are shown earlier in Step 4. The DEPBID is proposed for a 5-year term. An annual inflationary ass essment rate increase of up to 7%, commensurate to special benefits received by each assessed parcel, may be imposed for future year assessments, on approval by the DEPBID Property Owner’s Association. The ma ximum assessment rates for years 1-5 (2027-2031) are shown in the Table below. The assessment rates listed constitute the maximum assessment rates that may be imposed for each year of the 5-year DEPBID term.
Attachment "2"
598
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
23 DEPBID – Maximum Assessment Rates - Years 1-5
(Includes a 7%/Yr. Max Increase)
BENEFIT
ZONE
BUILDING
AREA
RATE
($/SF)
LAND
AREA RATE
($/SF)
STREET
FRONTAGE
RATE
($/LF)
R-CONDO
BUILDING
AREA RATE
($/SF)
YEAR 1 A B C D
1 $0.2000 $0.0800 $3.0000 $0.2000
2 $0.1425 $0.0570 $2.1500 $0.2000
YEAR 2
1 $0.2140 $0.0856 $3.2100 $0.2140
2 $0.1539 $0.0616 $2.3220 $0.2140
YEAR 3
1 $0.2290 $0.0916 $3.4347 $0.2290
2 $0.1662 $0.0665 $2.5078 $0.2290
YEAR 4
1 $0.2450 $0.0980 $3.6751 $0.2450
2 $0.1795 $0.0718 $2.7084 $0.2450
YEAR 5
1 $0.2622 $0.1049 $3.9324 $0.2622
2 $0.1939 $0.0775 $2.9251 $0.2622
Step 8. Spread the Assessments
The resultant assessment spread calculation results for each parcel within the DEPBID are shown in the Management District Plan and this Report and were determined by applying the DEPBID assessment formula to each identified benefiting property.
Miscellaneous DEPBID Provisions
Time and Manner of Collecting Assessments:
Assessments shall be collected at the same time and in the same manner as ad valorum taxes paid to San Diego County. The DEPBID assessments shall appear as a separate line item on the property tax bills issued by San Diego County. The City of Escondido is authorized to collect any assessments not placed on the County tax rolls, or to place assessments, unpaid delinquent assessments, or penalties on the County tax rolls as appropriate to implement the Management District Plan.
Bonds:
No bonds are to be issued in conjunction with the proposed DEPBID.
Duration:
As allowed by State Law, the DEPBID will have a 5-year operation term, beginning January 1, 2027 and ending December 31, 2031. At that time, the DEPBID may be renewed again for up to 10 years.
Attachment "2"
599
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
24 APPENDIX 1
DEPBID
YR 1 – 2027
ASSESSMENT ROLL
APN Year 1 Assessment
229-303-06-00 $2,778.65
229-303-07-00 $478.00
229-303-08-00 $478.00
229-303-09-00 $478.00
229-331-10-00 $8,219.73
229-331-16-00 $13,934.19
229-331-17-00 $3,916.43
229-352-12-00 $117,220.64
229-361-11-00 $2,996.93
229-372-20-00 $26,746.52
229-381-15-00 $38,488.68
229-382-07-00 $73.70
229-382-09-00 $1,060.75
229-382-10-00 $3,429.17
229-382-13-00 $1,592.07
229-382-14-00 $694.06
229-391-01-00 $829.00
229-391-02-00 $506.50
229-391-06-00 $506.50
229-391-07-00 $506.50
229-391-08-00 $829.00
229-391-09-00 $1,060.75
229-391-10-00 $506.50
229-391-11-00 $759.75
229-391-12-00 $7,444.23
229-391-13-00 $5,988.21
229-392-03-00 $147.40
229-392-04-00 $1,572.40
229-392-10-00 $73.70
229-392-11-00 $253.25
229-392-12-00 $253.25
229-392-13-00 $1,383.47
229-392-17-00 $859.90
229-392-18-00 $1,475.81
229-392-19-00 $1,926.58
229-392-20-00 $740.49
229-392-21-00 $807.50
229-392-22-00 $1,422.96
229-392-23-00 $2,438.00
229-392-24-00 $1,821.66
229-401-02-00 $1,703.80
229-401-03-00 $1,501.20
229-401-14-00 $1,332.76
229-401-15-00 $1,519.50
229-401-16-00 $2,804.60
229-401-17-00 $1,846.97
229-401-18-00 $2,300.56
229-402-06-00 $1,130.00
229-402-07-00 $3,674.00
229-402-08-00 $1,420.00
229-402-09-00 $1,485.00
229-402-10-00 $4,932.36
229-411-09-00 $355.00
229-411-13-00 $355.00
229-411-14-00 $355.00
229-411-15-00 $2,458.60
229-411-16-00 $6,122.60
229-411-25-00 $2,212.00
229-411-26-00 $4,128.64
229-411-27-00 $3,569.16
229-412-04-00 $2,294.00
229-412-05-00 $2,282.00
229-412-06-00 $710.00
229-412-10-00 $710.00
229-412-11-00 $710.00
229-412-12-00 $3,521.20
229-412-18-00 $355.00
229-412-25-00 $2,860.00
229-412-26-00 $4,870.96
229-412-27-00 $3,212.60
229-421-08-00 $3,280.48
229-421-09-00 $2,425.24
229-421-10-00 $2,310.00
229-421-11-00 $900.00
229-421-12-00 $3,507.60
229-421-14-00 $605.00
229-421-15-00 $880.60
229-421-16-00 $667.00
229-421-17-00 $943.00
229-421-18-00 $765.00
229-421-19-00 $780.00
Attachment "2"
600
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
25 229-421-24-00 $2,301.60
229-421-25-00 $1,055.00
229-421-26-00 $4,984.28
229-422-08-00 $2,739.60
229-422-10-00 $578.00
229-422-11-00 $605.00
229-422-12-00 $1,840.40
229-422-13-00 $1,055.00
229-422-14-00 $2,507.20
229-422-17-00 $955.00
229-422-18-00 $3,142.12
229-422-21-00 $831.20
229-422-22-00 $756.80
229-422-23-00 $2,960.60
229-422-24-00 $967.00
229-422-25-00 $967.00
229-422-26-00 $3,961.20
229-422-27-00 $2,130.00
229-431-01-00 $1,892.88
229-431-02-00 $411.52
229-431-03-00 $1,110.00
229-431-07-00 $2,110.00
229-431-08-00 $775.00
229-431-09-00 $2,195.00
229-431-10-00 $2,411.80
229-431-11-00 $2,410.00
229-431-15-00 $3,510.00
229-431-16-00 $1,069.00
229-431-17-00 $1,041.00
229-431-18-00 $1,620.00
229-431-19-00 $1,776.00
229-431-20-00 $710.00
229-431-21-00 $3,310.00
229-431-22-00 $1,420.00
229-432-06-00 $1,750.00
229-432-07-00 $1,886.00
229-432-08-00 $1,631.60
229-432-16-00 $1,428.60
229-432-17-00 $891.80
229-432-18-00 $842.40
229-432-19-00 $691.00
229-432-20-00 $1,695.00
229-432-21-00 $505.00
229-432-24-00 $710.00
229-432-25-00 $1,130.00
229-432-26-00 $610.60
229-432-27-00 $707.80
229-432-28-00 $1,766.00
229-432-29-00 $2,266.00
229-432-31-00 $1,130.00
229-432-32-00 $355.00
229-432-33-00 $355.00
229-432-34-00 $355.00
229-432-35-00 $355.00
229-442-09-00 $253.25
229-442-10-00 $1,805.00
229-442-16-00 $1,224.42
229-442-17-00 $3,226.80
229-461-01-00 $2,962.20
229-461-04-00 $1,052.00
229-461-05-00 $2,475.00
229-461-12-00 $506.50
229-461-13-00 $629.05
229-461-16-00 $2,666.61
229-461-17-00 $3,023.60
229-461-18-00 $1,755.00
229-461-20-00 $1,065.00
229-461-21-00 $4,184.00
229-461-22-00 $1,837.51
229-461-23-00 $1,013.00
229-462-04-00 $377.75
229-462-15-00 $945.71
229-462-18-00 $449.43
229-462-19-00 $1,906.06
229-462-20-00 $1,553.38
229-462-21-00 $1,097.90
229-462-24-00 $3,027.98
229-462-25-00 $350.38
233-022-03-00 $561.05
233-022-05-00 $772.98
233-022-06-00 $1,499.01
233-022-07-00 $1,582.04
233-022-08-00 $869.28
233-022-09-00 $879.69
233-022-10-00 $505.70
233-022-16-00 $475.55
233-022-17-00 $334.72
233-022-20-00 $1,247.27
233-022-22-00 $759.41
233-022-24-00 $713.91
233-022-26-00 $1,957.52
233-032-01-00 $700.00
233-032-07-00 $506.50
233-032-08-00 $807.50
233-032-10-00 $506.50
233-032-11-00 $506.50
233-032-12-00 $506.50
233-032-13-00 $313.50
233-032-14-00 $883.04
233-032-17-00 $815.52
233-032-18-00 $784.71
233-032-19-00 $889.58
233-032-20-00 $3,251.62
233-032-21-00 $506.50
233-041-01-00 $1,125.04
233-041-02-01 $736.52
233-041-02-02 $721.72
233-041-02-03 $800.32
233-041-05-00 $701.40
233-041-06-00 $760.00
233-041-09-00 $900.00
233-041-12-00 $804.18
Attachment "2"
601
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
26 233-041-16-00 $2,357.00
233-041-17-00 $1,577.00
233-041-18-00 $2,171.85
233-041-19-00 $2,984.40
233-042-01-00 $6,148.80
233-042-02-00 $755.00
233-042-03-00 $1,510.00
233-042-04-00 $605.00
233-042-07-00 $1,055.00
233-042-08-00 $3,681.60
233-042-09-00 $349.63
233-042-10-00 $2,026.00
233-042-11-00 $506.50
233-042-12-00 $506.50
233-042-13-00 $975.33
233-042-14-00 $506.50
233-042-15-00 $506.50
233-042-16-00 $807.50
233-042-17-00 $1,710.00
233-061-01-00 $2,758.00
233-061-02-00 $710.00
233-061-03-00 $710.00
233-061-04-00 $955.00
233-061-12-00 $314.00
233-061-13-00 $2,596.00
233-061-14-00 $877.00
233-061-24-00 $2,578.51
233-061-25-00 $3,354.65
233-061-26-00 $7,213.16
233-062-01-00 $6,620.00
233-062-02-00 $1,610.00
233-062-03-00 $2,110.00
233-062-04-00 $980.00
233-062-05-00 $892.00
233-062-06-00 $632.20
233-062-07-00 $871.00
233-062-09-00 $2,523.00
233-062-10-01 $6,678.72
233-062-10-02 $6,678.72
233-062-11-00 $875.00
233-062-12-00 $955.00
233-081-01-00 $3,430.00
233-081-02-00 $1,055.00
233-081-04-00 $1,052.60
233-081-05-00 $805.00
233-081-06-00 $885.00
233-081-07-00 $3,510.00
233-081-08-00 $955.00
233-081-09-00 $1,050.00
233-081-10-00 $1,255.00
233-081-17-00 $9,388.05
233-081-23-00 $2,530.00
233-081-24-00 $2,110.00
233-081-25-00 $1,035.00
233-081-26-00 $2,295.19
233-082-03-00 $1,055.00
233-082-04-00 $1,055.00
233-082-05-00 $859.00
233-082-06-00 $820.00
233-082-07-00 $930.00
233-082-08-00 $313.00
233-082-09-00 $251.76
233-082-10-00 $1,052.20
233-082-11-00 $1,005.00
233-082-12-00 $2,190.00
233-082-13-00 $1,350.00
233-082-14-00 $775.00
233-082-15-00 $1,725.20
233-082-16-00 $506.50
233-082-21-00 $812.63
233-082-22-00 $385.00
233-082-23-00 $2,773.43
233-082-24-00 $4,646.20
233-082-25-00 $1,994.19
233-091-01-00 $916.77
233-091-02-00 $588.75
233-091-03-00 $506.50
233-091-04-00 $506.50
233-091-05-00 $506.50
233-091-06-00 $4,560.34
233-091-07-00 $764.50
233-091-08-00 $606.96
233-091-09-00 $2,593.63
233-091-11-00 $535.00
233-091-12-00 $535.00
233-091-13-00 $535.00
233-091-14-00 $870.59
233-091-15-00 $1,158.62
233-091-16-00 $364.00
233-091-17-00 $142.50
233-121-02-00 $13,561.56
760-169-04-00 $11,102.59
Attachment "2"
602
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
27 APPENDIX 2
DEPBID BOUNDARY MAP
Attachment "2"
603
Item17.
DOWNTOWN ESCONDIDO PBID – ASSESSMENT ENGINEER’S REPORT
28 Attachment "2"
604
Item17.
PETITION TO ESTABLISHTHE DOWNTOWN ESCONDIDO
PROPERTY BUSINESS IMPROVEMENT DISTRICT
Pursuant to California Streets and Highways Code Section 36600 et seq., Division 6, Chapter 9, Sections 6.600 to 6.620 Legal Owner: CITY OF ESCONDIDO Owner % of Total Assessment: 32.64% APN Site Address
Proposed
AssessmentBenefit Zone
229-352-12-00 251 WOODWARD AVE $117,220.641
229-372-20-00 250 VALLEY PKWY $26,746.521
229-381-15-00 W VALLEY PKWY $38,488.681
229-382-10-00 208 N BROADWAY $3,429.172
229-421-26-00 137 W VALLEY PKWY $4,984.281
229-422-27-00 VALLEY PKWY $2,130.001
229-431-09-00 W VALLEY PKWAY $2,195.001
229-431-22-00 225 E VALLEY PKWY $1,420.001
229-432-24-00 316 E GRAND AVE $710.001
229-432-25-00 304 E GRAND AVE $1,130.001
229-432-26-00 314 E GRAND AVE $610.601
233-022-24-00 2ND AVE $713.912
233-081-26-00 123 S KALMIA ST $2,295.192
233-082-25-00 E 2ND AVE $1,994.192
233-091-01-00 200 S BROADWAY $916.772
233-091-02-00 210 S BROADWAY $588.752
233-091-03-00 123 E 2ND AVE $506.502
233-091-04-00 E 2ND AVE $506.502
233-091-05-00 135 E 2ND AVE $506.502
233-091-06-00 141 E 2ND AVE $4,560.342
233-091-07-00 KALMIA ST $764.502
233-091-08-00 213 S KALMIA ST $606.962
233-091-09-00 247 S KALMIA ST $2,593.632
233-091-11-00 136 E 3RD AVE $535.002
233-091-12-00 126 E 3RD AVE $535.002
233-091-13-00 118 E 3RD AVE $535.002
Please return Petitions by Tuesday, June 30, 2026.
Please email to [email protected]
and mail to Downtown Escondido CBD
c/o New City America, Inc.
710 West Ivy Street, San Diego CA 92101
__________________________________________ ____________________________________ Property Owner's Name (Please Print or Type) Property Owner Signature or
________________________________________________________ ________________________________________________ Duly Authorized Representative's Signature Title (Please Print or Type) ________________________________________________________ Date
Attachment "3"
605
Item17.
PETITION TO ESTABLISHTHE DOWNTOWN ESCONDIDO
PROPERTY BUSINESS IMPROVEMENT DISTRICT
Pursuant to California Streets and Highways Code Section 36600 et seq., Division 6, Chapter 9, Sections 6.600 to 6.620 233-091-14-00 240 S BROADWAY $870.592
233-091-15-00 106 E 3RD AVE $1,158.622
233-091-16-00 E 3RD AVE $364.002
233-091-17-00 E 3RD AVE $142.502
$219,759.35
_________Yes, I endorse the Downtown Escondido PBID Management District Plan for 2027.
Please return Petitions by Tuesday, June 30, 2026.
Please email to [email protected]
and mail to Downtown Escondido CBD
c/o New City America, Inc.
710 West Ivy Street, San Diego CA 92101
__________________________________________ ____________________________________ Property Owner's Name (Please Print or Type) Property Owner Signature or
________________________________________________________ ________________________________________________ Duly Authorized Representative's Signature Title (Please Print or Type) ________________________________________________________ Date
Attachment "3"
606
Item17.
STAFF REPORT
May 13, 2026
File Number 0480-45
SUBJECT
EMERGENCY MEDICAL SERVICES (EMS) USER FEE REVIEW AND COUNCIL DIRECTION
DEPARTMENT
Fire
RECOMMENDATION
Request the City Council provide direction to staff regarding the City’s EMS user fees following a comparative review of regional fee structures and an evaluation of current cost-recovery levels.
Staff Recommendation: Provide Direction (Fire: Tyler Batson, Fire Chief) Presenter: Tyler Batson, Fire Chief
ESSENTIAL SERVICE – Yes, Fire/EMS Services
COUNCIL PRIORITY – Build Trust and Accountability; Financial Stewardship; Prioritize Public Safety
FISCAL ANALYSIS
The EMS user fees were last updated in 2024 following a full cost ‑of‑service analysis performed by AP Triton. The current fee schedule reflects full cost recovery for Advanced Life Support ( “ALS”), Basic Life Support (“BLS”), and ancillary ambulance charges.
While Escondido’s current EMS transportation fees fall on the higher end of regional benchmarks, they accurately reflect the City’s cost‑of‑service findings and the Council’s direction in 2024 to achieve full cost recovery and continue to support operational sustainability without gene rating excess revenue beyond program costs.
No fiscal impact is expected should the City Council choose to maintain the existing fee levels, including the annual CPI adjustment approved as part of the 2024 fee update.
Should the Council provide direction to reduce fees, staff will return with the fiscal impacts, including projected revenue losses and potential General Fund subsidy requirements.
607
Item18.
PREVIOUS ACTION
In 2005, 2009, 2016 and 2024, the City Council approved Resolution Nos. 2005-133, 2009-75, 2016-57 and 2024-158 respectively, amending the Inventory of City Fees to increase the base rate fees for resident and non-resident ALS and BLS patient transports.
BACKGROUND
The Escondido Fire Department (“Department”) provides essential pre ‑hospital care and ambulance transport services to residents and visitors. In 2025, the Department responded to approximately 14,888 EMS calls, continuing an upward trend influenced by population growth, increased service demands, and expanding medical needs in the community.
In June 2024, the City Council directed staff to pursue full cost recovery for EMS transportation services, resulting in the adoption of updated rates through Resolution No. 2024‑152. These fees were established following an independent cost study by AP Triton and included authorization for annual CPI adjustments.
In response to the City Council’s request for a review of departmental user fees, Fire staff conducted a comparative analysis of EMS fees across regional agencies, including cities with simi lar population, call volume, and service models. Escondido’s current rates were found to be generally consistent with those of peer agencies.
Based on this analysis, staff recommends maintaining the current fee structure, including the scheduled CPI adjustment, to ensure continued cost recovery and alignment with industry standards.
608
Item18.
KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP PROCLAMATION
5/20/2026
PROCLAMATION - WATER AWARENESS MONTH
PRESENTATION - "LOVE WATER, SAVE WATER" 4TH GRADE POSTER CONTEST FINALISTS' RECOGNITION CONSENT CALENDAR - (K. SNYDER) - AWARD OF CONTRACT FOR CONSTRUCTION OF WESTSIDE PARK SKATE SPOT PROJECT CONSENT CALENDAR - (K. SNYDER) - APPROVE PROPOSED SAN DIEGO GAS AND ELECTRIC EASEMENTS AT 272 E. VIA RANCHO PARKWAY PUBLIC HEARING - (K SNYDER) - 2026-2027 ANNUAL ACTION PLAN FOR THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (“HUD”) FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PROGRAM- Request the City Council conduct a public hearing to solicit and consider citizen input on the FY 2026-2027 HUD Annual Action Plan for the use of CDBG funds; and Adopt resolution 2026-xxx approving Fiscal Year 2026-2027 HUD Annual Action Plan for use of CDBG Funds, conditionally commit funds to projects, authorize the Director of Community Development to execute contracts as appropriate and approve the submittal of the FY 2026-2027 Annual Action Plan to HUD.
PUBLIC HEARING - (K SNYDER) - CONDITIONAL USE PERMIT (CUP) MODIFICATION TERMINATING TRAFFIC SIGNAL INSTALLATION STIPULUATION SPECIFIED IN EXHIBIT “E” OF CITY COUNCIL RESOLUTION NO. 2024-183R – CASE NO. PL26-0088 CURRENT BUSINESS - (C.HOLMES) - FISCAL YEAR 2026/27 OPERATING BUDGET BRIEFING - Request the City Council provide direction regarding the Fiscal Year 2026/27 Operating Budget.
CURRENT BUSINESS - (J. GOULART) - COMMUNITY SERVICES DEPARTMENT USER FEE UPDATE - Request the City Council receive and file the Community Services department user fee update.
CURRENT BUSINESS - (C. MARTINEZ) - LETTER OF SUPPORT FOR AB 1857 WORKSHOP - (V. BERNABEO) - PRELIMINARY FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND BUDGET, FISCAL YEARS 2026/27-2030/31 5/27/2026 - NO MEETING (MEMORIAL DAY)