Agenda packet — Escondido City Council, May 20, 2026 (part 1 of 2)

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, MAY 20, 2026
4:00 PM - Closed Session (City Attorney Conference Room) 5:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

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

MAYOR
Dane White

DEPUTY MAYOR
Joe Garcia (District 2)

COUNCILMEMBERS
Consuelo Martinez (District 1)
Christian Garcia (District 3)
Judy Fitzgerald (District 4)

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

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

In Person On TV Online
201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.gov 1 Wednesday, May 20, 2026

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

In Person In Writing

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

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

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

2 Wednesday, May 20, 2026

CLOSED SESSION
4:00 PM

CALL TO ORDER

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

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

CLOSED SESSION

I. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Government Code § 54957.6) a. Alexander Cox v. City of Escondido
San Diego Superior Court Case No. 24CU016279N

ADJOURNMENT

3 Wednesday, May 20, 2026

REGULAR SESSION
5:00 PM Regular Session

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

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

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

PROCLAMATION
Water Awareness Month

PRESENTATION
"Love Water, Save Water" 4th Grade Poster Contest Finalists' Recognition

CLOSED SESSION REPORT

CONSENT CALENDAR
Items on the Consent Calendar are not discussed individually and are approved in a single motion. However, Council members always have the option to have an item considered separately, either on their own request or at the request of staff or a member of the public.
4 Wednesday, May 20, 2026

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

2. APPROVAL OF WARRANT REGISTER
Request the City Council approve the City Council and Housing Successor Agency warrants issued between May 04, 2026 to May 10, 2026.

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

3. APPROVAL OF MINUTES: None

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. AWARD OF CONTRACT FOR CONSTRUCTION FOR WESTSIDE PARK SKATE SPOT PROJECT TO GEOCON ENGINEERING INC.

Request the City Council adopt Resolution No. 2026-82 awarding a construction contract to GeoCon Engineering Inc. and authorizing the Mayor, on behalf of the City, to execute a Public Improvement Agreement in the amount of $1,293,844.00 for construction of Westside Park Skate Spot Project (“Project”).

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenters: Jason Christman, Engineering Manager; Matt Souttere, Principal Engineer a) Resolution No. 2026-82

6. APPROVE PROPOSED SAN DIEGO GAS AND ELECTRIC EASEMENT AT 272 E. VIA RANCHO PARKWAY TO PROVIDE ELECTRICITY FOR 7 TESLA SUPERCHARGER CABINETS
Request the City Council adopt Resolution No. 2026-21 authorizing the proposed San Diego Gas and Electric (SDG&E) easement located at 272 E. Via Rancho Parkway.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Leia Cabrera, Engineering Manager
a) Resolution No. 2026-21

5 Wednesday, May 20, 2026

PUBLIC HEARINGS

7. FISCAL YEAR 2026-2027 ANNUAL ACTION PLAN FOR DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Request the City Council (1) conduct a public hearing to solicit and consider citizen input on the Fiscal Year 2026-2027 Annual Action Plan for the use of Community Development and Block Grant funds and (2) adopt Resolution No. 2026-83 approving Fiscal Year 2026-2027 Annual Action Plan for the use of Community Development and Block Grant funds, conditionally commit funds to projects, and authorize the Director of Community Development to execute contracts as appropriate.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenters: Danielle Lopez, Housing and Neighborhood Services Manager and Dulce Salazar, Management Analyst
a) Resolution No. 2026-83

8. CONTINUED PUBLIC HEARING FOR PL26-0088: REQUEST FOR REVOCATION OF CONDITION OF APPROVAL SPECIFIED IN EXHIBIT “E” OF RESOLUTION NO. 2024-183R PERTAINING TO CONDITIONAL USE PERMIT PH19-0049
Request the City Council adopt Resolution No. 2026-64 to affirm or modify its decision in response to the request by Morrie Golcheh to waive the requirement for the payment of $560,000 of the cost of a new traffic signal at the intersection of Rock Springs Road and Lincoln Avenue as specified in Street Improvements and Traffic Condition of Approval No. 5 in Exhibit “E” of Resolution No. 2024-183R adopted by the City Council on December 4, 2024 pertaining to Conditional Use Permit (PHG-19-0049) subject to one or more condition (s).

Staff Recommendation: Provide Direction (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Kevin Snyder, Director of Development Services a) Resolution No. 2026-64

CURRENT BUSINESS

9. COMMUNITY SERVICES DEPARTMENT USER FEE UPDATE
Request the City Council receive and file the Community Services Department User Fee update.

Staff Recommendation: Receive and File (Community Services Department: Joseph Goulart, Director of Public Works)
Presenter: Robert Rhoades, Assistant Director of Community Services 6 Wednesday, May 20, 2026

10. ADOPTION OF AMENDED FUND BALANCE AND RESERVE POLICY Request the City Council adopt Resolution No. 2026-85 modifying the City of Escondido Fund Balance and Reserve Policy.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2026-85

WORKSHOP

11. FISCAL YEAR 2026/27 OPERATING BUDGET BRIEFING
Request the City Council provide direction regarding the Fiscal Year 2026/27 Operating Budget.

Staff Recommendation: Provide Direction (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance

12. FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND FISCAL YEAR 2026/27 CAPITAL IMPROVEMENT

PROGRAM BUDGET BRIEFING
Request the City Council to review the proposed Fiscal Year 2026/27 Five-Year Capital Improvement Program and Budget and authorize staff to return with the Fiscal Year 2026/27 Capital Improvement Program and Budget for final adoption on June 17, 2026.

Staff Recommendation: Provide Direction (Finance Department: Christina Holmes, Director of Finance) Presenter: Vinnie Bernabeo, City Manager’s Office

CURRENT BUSINESS

13. LETTER IN SUPPORT OF ASSEMBLY BILL 1857 – THE GROCERY STORES ACCESS ACT Request the City Council approve sending a letter to the California State Assembly in Support of AB 1857.

Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk

7 Wednesday, May 20, 2026

14. APPOINTMENT OF AN AD-HOC SUBCOMMITTEE FOR THE CITY ATTORNEY REPLACEMENT PROCESS Request the City Council approve the creation of an Ad-Hoc Subcommittee for the City Attorney replacement process.

Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk

15. BOARD AND COMMISSION MAKE-UP INTERVIEWS
Request the City Council conduct make-up interviews of applicants to fill vacancies on the City's Boards and Commissions.

Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk

FUTURE AGENDA

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

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

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
CITY MANAGER’S REPORT
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development.

ADJOURNMENT

8 Wednesday, May 20, 2026

UPCOMING MEETING SCHEDULE
Wednesday, June 03, 2026 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, June 10, 2026 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers

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

CEQA STATEMENT
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA un der Guideline Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065

9 Consent Item No. 1 May 20, 2026

A F F I D A V I T S

I T E M

P O S T I N G –

 FISCAL YEAR 2026-2027 ANNUAL ACTION PLAN FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) AND HOME
INVESTMENT PARTNERSHIPS PROGRAM (“HOME”)

 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

10 Item1.

CITY OF ESCONDIDO

HOUSING & NEIGHBORHOOD SERVICES
201 N. BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4841
NOTICE OF PUBLIC HEARING AND 30-DAY PUBLIC COMMENT PERIOD FISCAL YEAR 2026-202
7 ANNUAL ACTION PLAN FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) AND HOME
INVESTMENT PARTNERSHIPS PROGRAM (“HOME”)
NOTICE IS HEREBY GIVEN on WEDNESDAY, MAY 20, 2026 at 5 p.m., the Escondido City Council will hold a Public Hearing to consider the adoption and approval of the 2026-27 Annual Action Plan for the Community Development Block Grant (“CDBG”) and HOME Investment Partnership (“HOME”) funds.

The City of Escondido is an entitlement jurisdiction and anticipates receiving $1,957,671 in federal funds for CDBG ($1,394,624) and HOME ($563,047) programs in Fiscal Year (“FY”) 2026-27.

These federals are intended to serve low- and moderate-income persons and areas, eliminate slum and blight and address urgent needs within the City of Escondido. The City of Escondido released a Request for Proposal in March 2026 soliciting CDBG applications and received 21 proposals from both external and internal applicants. The City has published a draft Annual Action Plan (“Plan”) with funding recommendations for public services and capital projects in FY 2026-27.

The City of Escondido would like to invite feedback from the public on the Plan. The Plan will be posted for a 30-day public comment period from April 16, 2026 until May 15, 2026. The Plan is available for a review on the City’s website at Housing & Neighborhood Services at https://www.escondido.gov/214/Housing-Neighborhood-Services or the Housing and Neighborhood Services Division at Escondido C ity Hall at 201 N. Broadway, Escondido, CA 92025. Further information or public comments can be submitted to Dulce Salazar at 760-839-4057 or [email protected] in the Housing and Neighborhood Services Division.

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

The City remains committed to complying with the Americans with Disabilities Act (“ADA”). Qualified individuals with disabilities who wish to participate in City programs, services, or activities and who need accommodations are invited to present their requests to the City by filing out a Request for Accommodations Form or an Inclusion Support Request Form for Minors, or by calling 760-839-4376, preferably at least 72 hours in advance of the event or activity. Forms can be found on the City’s website at: https://www.escondido.org/americans-with- disabilities-act.

Published in THE ESCONDIDO TIMES ADVOCATE:4/16/26
11 Item1.

CIUDAD DE ESCONDIDO

VIVIENDA Y SERVICIOS AL VECINDARIO
201 N. BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4841
A
VISO DE AUDIENCIA PÚBLICA Y PLAZO DE 30 DÍAS PARA COMENTARIOS PÚBLICOS
PL
AN DE ACCIÓN ANUAL PARA EL AÑO FISCAL 2026-2027 PARA
LA BECA DE DESARROLLO COMUNITARIO ("CDBG") Y POGRAMA DE SOCIEDADES DE INVERSIÓN EN VIVIENDA ("HOME")
POR MEDIO DEL PRESENTE AVISO SE NOTIFICA que el MIÉRCOLES 20 DE MAYO DE 2026 a las 5 p.m., el Concejo de la Ciudad de Escondido r ealizará una Audiencia Pública para considerar la aprobación y adopción del Plan de Acción Anual 2026 -27 para los fondos de la Beca de Desarrollo Comunitario ("CDBG") y Programa de Sociedades de Inversión ("HOME"). La audiencia pública se realizará en la Sala Consistorial del municipio de Escondido, 201 N. Broadway, Escondido.

La Ciudad de Escondido es una jurisdicción con derecho a fondos y anticipa recibir $1,957,671 en fondos federales para l
os programas CDBG ($ 1,394,624) y HOME ($ 563,047) para el año fiscal 2026-

27. Estos fon
dos federales están destinados a servir a personas y áreas de ingresos bajos y moderados, eliminar deterioración y marginales en los vecindari os y atender necesidades urgentes dentro de la Ciudad de Escondido. La Ciudad de Escondido publico una Solicitud de Propuesta en marzo del 2026 solicitando aplicaciones de CDBG y recibió 21 propuestas de solicitantes externos e internos. La Ciudad ha publicado un borrador del Plan de Acción Anual ("Plan") con recomendaciones de fondos para servicios públicos y proyectos de capital para el año fiscal 2026-27.

La Ciudad de Escondido invita al público a dar sus comentarios sobre el Plan. El Plan se publicará para un período de comentarios públicos de 30 días a par tir del 16 de abril de 2026 hasta el 15 de mayo de 2026. El Plan está disponible para su revi sión en el sitio web de la Ciudad en https://www.escondido.gov/214/Housing-Neighborhood-Services o en la División de Servicios de Vivienda y Vecindarios en el Municipio de Escondido en 201 N. Broadway, Escondido, CA 92025. Se puede enviar más información o comentarios públicos a Dulce Salazar al 760-839-4057 o [email protected] en la División de Vivienda y Servicios al Vecindario.

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

La Ciudad de Escondido sigue comprometida a cumplir con la Ley de Estadounidenses con Discapacidades (ADA). Las personas calificadas con discapacidades que deseen participar en programas, servicios o actividades de la Ciudad y que necesiten adecuaciones están invitadas a presentar sus solicitudes a la Ciudad llenando un Formulario de Solicitud de Adecuaciones o un Formulario de Solicitud de Apoyo de Inclusión para Menores, o llamando al 760-839-4376, preferiblemente al menos 72 horas antes del evento o actividad. Los formularios se pueden encontrar en el sitio web de la Ciudad en: https://www.escondido.org/americans-with-disabilities-act.

Published in THE ESCONDIDO TIMES ADVOCATE:4/16/26 12
Item1.

CITY OF ESCONDIDO

OFFICE OF THE CITY CLERK
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4617

NOTICE OF CONTINUED PUBLIC HEARING
The Escondido City Council will hold a continued public hearing in the City Council Chambers, Escondido City Hall, 201 N.

Broadway, Escondido, California at 5:00 p.m. on Wednesday, May 20, 2026 to consider the item listed below. Please note that the City Council held the initial public hearing on April 8, 2026 and voted to continue the public hearing following recei pt of public testimony and deliberation to a date and time uncertain necessitating additional public hearing notification.

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
REQUEST: The request is for the modification to a previously approved Conditional Use Permit (PHG19-0049) to terminate a condition of approval requiring the developer of the Project further described below to pay $560,000 of the construction cost of a new traffic signal at the intersection of Rock Springs Road and Lincoln Avenue as specified in Exhibit “E” of Resolution No. 2024-183R adopted by the City Council on December 4, 2024. The previously approved Conditional Use Permit (PHG19- 0049) entitled the Project site for development of a gasoline service station and convenience store with concurrent sale of alcoholic beverages (beer and wine). The Project also included previous adoption of environmental documentation prepared for the Project.

PROPERTY SIZE AND LOCATION: The 1.14-acre site is composed of two parcels located at the northwest corner of West Mission Avenue and Rock Springs Road. The site is addressed as 900 West Mission Avenue, Escondido, CA 92025 (Assessor’s Parcel Numbers: 228-220-43-00; 228-220-13-00).

ENVIRONMENTAL STATUS: In accordance with the California Environmental Quality Act (CEQA) Section 15164 (Addendum to an EIR or Negative Declaration), an addendum to the adopted Mitigated Negative Declaration was previously prepared.

None of conditions identified in Section 15162 (Subsequent EIRS and Negative Declarations) have occurred requiring preparation of a Subsequent Negative Declaration.

PLANNING COMMISSION ACTION: Because the request is directly related to previous action taken by the City Council, this item will be heard directly by the City Council with no prior Planning Commission review and recommendation.

If you challenge this item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

PUBLIC COMMENT : To submit comments in writing, please do so at the following link: https://escondido- ca.municodemeetings.com/bc-citycouncil/webform/public-comment. All comments received from the public will be made a part of the record of the meeting.

The City of Escondido remains committed to complying with the Americans with Disabilities Act (ADA). Qualified individuals with disabilities who wish to participate in City programs, services, or activities and who need accommodations are invited to present their requests to the City by filing out a Request for Accommodations Form or an Inclusion Support Request Form for Minors, or by calling 760-839-4643, preferably at least 72 hours in advance of the event or activity. Forms can be found on the City’s website at: https://escondido.gov/820/Americans-with-Disabilities-Act The staff report will be available on the City’s website at https://escondido-ca.municodemeetings.com/onoraround Wednesday, May 14, 2026. For additional information, please contact Kevin Snyder, AICP, Development Services Director, at 760-839-4801, or via email at [email protected], and refer to Case No. PL26-00 8.
6DUHQD*DUFLD, $VVLVWDQWCity Clerk
City of Escondido
DATED: May 7, 2026

Published in THE ESCONDIDO TIMES ADVOCATE: 5/7/26
13 Item1.

STAFF REPORT

May 20, 2026
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER

DEPARTMENT
Finance

RECOMMENDATION
Approval for City Council and Housing Successor Agency warrants issued between May 04, 2026 to May 10, 2026
Staff Recommendation: Approval (Finance Department: Christina Holmes) ESSENTIAL SERVICE – Internal requirement per Municipal Code Section 10 COUNCIL PRIORITY –

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

Dates 05/04/2026 to 05/10/2026
Total $4,259,798.93
Number of Warrants 165

BACKGROUND
The Escondido Municipal Code Section 10-49 states that warrants or checks may be issued and paid prior to audit by the City Council, provided the warrants or checks are certified and approved by the Director of Finance as conforming to the current budget. These warrants or checks must then be ratified and approved by the City Council at the next regular Council meeting. 14 Item2.

Consent Item No. 3 May 20, 2026

A P P R O V A L

O F

M I N U T E S

15 Item3.
16 Item4.

STAFF REPORT
May 20, 2026
File Number 0600-10; A-3591

SUBJECT

AWARD OF CONTRACT FOR CONSTRUCTION FOR WESTSIDE PARK SKATE SPOT PROJECT TO GEOCON ENGINEERING, INC.

DEPARTMENT
Development Services, Engineering Division

RECOMMENDATION
Request the City Council a dopt Resolution No. 2026 -82 awarding a construction contract to GeoCon Engineering, Inc. and authorizing the Mayor, on behalf of the City, to execute a Public Improvement Agreement in the amount of $1,293,844 for construction of Westside Park Skate Spot Project (“Project”).

Staff Recommendation: Approval ( Development Services: Kevin Snyder , Director of Development Services)
Presenter: Jason Christman, Engineering Manager and Matt Souttere, Principal Engineer ESSENTIAL SERVICE – Yes, Parks Facilities/Open Spaces
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
Park Development funds have been allocated for this Project. Sufficient funds are available in the CIP account to fully fund this Project.

PREVIOUS ACTION
City Council adopted the Fiscal Year 2026 Capital Improvement Program budget and allocated Park Development Funds to complete the Project by December 2026.

BACKGROUND
Westside Park is approximately three acres in size and contains basketball courts, picnic tables, shade structure, a tot lot/playground, restrooms, and an open turf area. The skate community within the City is a rapidly growing community with residents expressing the desire to have more skate parks installed within parks around the City.
17 Item5.

As a result of community outreach efforts in support of skate parks, and the success of Washington Park Skate Spot, the City developed a second skate spot inside Westside Park. The City has received ongoing feedback from the skate community emphasizing the need for a second skate spot in the City to accommodate the growing demand.

On August, 28, 2024, City Council adopted Resolution No. 2024-129 awarding a Consulting Agreement to the design of Westside Park Skate Spot Project to New Line Skateparks, Inc. in the amount of $260,196.

New Line Skateparks, Inc. completed their design services and a produced a 100% Design Plan for formal bid.

The Project will include the construction of a permanent, custom skate park in Westside Park located at 333 South Spruce St reet, Escondido, C alifornia, 92025. The work consists generally of construction including: traffic control and public convenience, removal of existing improvements for installation of skate park, new storm water BMP’s, installation of lights and reconnection of realigned electrical system, installation of removed turf and trees, installation and reconnection of removed irrigation components, and compliance to all applicable storm water pollution prevention (“NPDES”).

The Project bid documents were published for construction bids on March 18, 2026. On April 21, 2026, six sealed bids were received in response to the request for bids for the Project. The confirmed totals for the total base bid items are listed below:

GeoCon Engineering, Inc. dba GeoCon Skateparks, Inc. $1,293,844.00 Palm Engineering Construction Company, Inc. $1,483,258.00 SWCS Inc dba Southwest $1,524,236.18
Western State Builders, Inc. $1,536,143.00
Sitka Construction Group $1,574,670.00
Matcon General Engineering Inc. $1,850,806.70
Staff has evaluated the bids and determined that the construction bid submitted by GeoCon Engineering, Inc., is the lowest responsive and responsible bid. The bid submitted by GeoCon Engineering, Inc. meets all requirements set forth in the bid documents. Staff recommends awarding a public improvement agreement in the amount of $1,293,844 to GeoCon Engineering Inc. for construction of this Project.

RESOLUTIONS
a. Resolution No. 2026-82
b. Resolution No. 2026-82 – Exhibit “A” – Public Improvement Agreement 18 Item5.

RESOLUTION NO. 2026-82

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ESCONDIDO, CALIFORNIA,

AUTHORIZING THE MAYOR TO EXECUTE, ON

BEHALF OF THE CITY, A PUBLIC IMPROVEMENT

AGREEMENT WITH GEOCON ENGINEERING
INC., FOR CONSTRUCTION OF THE WESTSIDE

PARK SKATE SPOT PROJECT

WHEREAS the City Council has allocated funding in the Park Development Funds for construction of the Westside Park Skate Spot Project (“Project”); and WHEREAS, a notice inviting bids for said improvements was duly published on March 18, 2026; and
WHEREAS, pursuant to said notice, six sealed bids for the project were opened and evaluated on April 21, 2026; and
WHEREAS, GeoCon Engineering, Inc. was determined to be the lowest respon sive and responsible bidder; and
WHEREAS, this City Council desires at this time and deems it to be in the best public interest to authorize a Public Improvement Agreement with GeoCon Engineering, Inc. in the amount of $1,293,844.00.

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

1. That the above recitations are true.

2. That the City Council authorizes the Mayor to execute, on behalf of the City, a Public Improvement Agreement with GeoCon Engineering, Inc. in a substantially similar form to 19 Item5.
that which is attached and incorporated to this Resolution as Exhibit “A,” and subject to final approval as to form by the City Attorney.
20 Item5.

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

CITY OF ESCONDIDO

PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),
B
etween: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Michael Tully
760-839-4011
("CITY")
A
nd: GeoCon Engineering, Inc.
a California corporation
dba GeoCon Skateparks
24738 Gallineta Way
Ramona, CA 92065
Attn: George Zadrozny
760-822-2959
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of w ork relating to the Westside Park Skate Spot Project (“Project”), occurring on property located at 333 South Spruce Street Escondido, CA 92025 and having assessor’s parcel numbers (APN) 232-290-22- 00, 232-290-23-00, 232-290-25-00 (“Property”), as further described herein.

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

1. Project Documents . The Notice Inviting Sealed Bids/Notice to Contractors, Instructions to Bidders, Bid Form, Designation of Subcontractors, Workers' Compensation Certificate, Change Orders, Shop Drawing Transmittals, Information Required of CONTRACTOR, Non- collusion A
ffidavit, Insurance Certificates, Guarantees, General Conditions, Supplementary General Conditions, Special Conditions, Plans, Drawings, Specifications, the Agreement , and all modifications, addenda, and amendments thereto (“Project Documents”) are incorporated herein Resolution No. 2026-82
Exhibit "A"

Page 1 of 9 ends

21 Item5.

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

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

3. C ompensation. In exchange for CONTRACTOR’s completion of the Work, the CITY shall pay , and CONTRACTOR shall accept in full, an amount not to exceed the sum of $ 1,293,844 (“Contract Price”) . CONTRACTOR shall be compensated only for performance of the Work described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.

4. Ter m and Time of Performance. CONTRACTOR shall commence work within one week from the CITY's notice to proceed. CONTRACTOR shall diligently perform and complete the Work with professional quality and technical accuracy within 90 working days of the City’s Notice to Proceed (“Completion Date”). Extension of terms or time of performance shall be subject to the CITY’s sole discretion.

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

6. I nsurance Requirements .

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

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

(2) Automobile Liability . ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non- owned autos (Code 9), Resolution No. 2026-82
Exhibit "A"

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22 Item5.

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

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

(4) Fire Insurance . Before the commencement of the Work, the CONTRACTOR shall procure, maintain, and cause to be maintained at the CONTRACTOR's expense, fire insurance on all Work subject to loss or damage by fire and the entire structure on which the Work of this Agreement is to be done to the insurable value thereof. The amount of fire insurance shall be subject to approval by the CITY and shall be sufficient to protect the Work against loss or damage in full until the Work is completed and accepted by the CITY. Should the Work being constructed be damaged by fire or other causes during construction, it shall be replaced in accordance with the requirements of the drawings and specifications without additional expense to the CITY. (5) Builder’s Risk /“All Risk” Insurance . The CONTRACTOR, during the progress of the Work and until final acceptance of the Work by CITY, shall maintain Builder's Risk/"All Risk," course-of-construction insurance satisfactory to CITY issued on a completed value basis of all WORK pursuant to this Agreement. Coverage is to provide extended coverage and insurance against vandalism, theft, malicious mischief, perils of fire, sprinkler leakage, civil authority, sonic boom, earthquake, collapse, flood, wind, lightning, smoke, riot, debris removal (including demolition), and reasonable compensation for the Engineer's services and expenses required as a result of such insured loss upon the Work, including completed Work and Work in progress to the full insurable value thereof.

Such insurance shall include the CITY and the City Engineer as an additional named insured and any other person with an insurable interest designated.

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

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

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

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

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

Resolution No. 2026-82
Exhibit "A"

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23 Item5.

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

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

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

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

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

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

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

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

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

e. No Limitation of Obligations. The insurance requirements within this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the Resolution No. 2026-82
Exhibit "A"

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24 Item5.

Public Improvement Agreement (Contractor) - 5 - CAO: 8/26/2021 liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions within this Agreement concerning indemnification.

f. Compliance. Failure to comply with any of the insurance requirements in this Agreement , including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. Compliance by CONTRACTOR with the requirement to carry insurance and furnish certificates, policies, Additional Insured Endorsement and Declarations Page evidencing the same shall not relieve the CONTRACTOR from liability assumed under any provision of this Agreement, including, without limitation, the obligation to defend and indemnify the CTY and the City Engineer. In the event that CONTRACTOR fails to comply with any insurance requirement set forth in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop W ork under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. I
ndemnification, Duty to Defend, and Hold Harmless.

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

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

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

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

8. B
onds .

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

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

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

Resolution No. 2026-82
Exhibit "A"

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25 Item5.

Public Improvement Agreement (Contractor) - 6 - CAO: 8/26/2021

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

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

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

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

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

10. Contractor Default. I n the event CONTRACTOR, for a period of 10 calendar days after receipt of written demand from the CITY to do so (“Cure Period”), fails to furnish tools, equipment, or labor in the necessary quantity or quality required by this Agreement, or fails to prosecute the Work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within the Cure Period, fails to continue to do so, then the CITY in its sole discretion may exclude the CONTRACTOR from the Property , or any portion thereof, and take exclusive possession of the Property or any portion thereof, together with all material and equipment thereon, and may complete the Work or any portion of the W ork, either by (i) furnishing the necessary tools, equipment, labor , or material s; or (ii) letting the unfinished portion of the work, or any portion thereof, to another contractor ; or (iii) demanding the surety hire another contractor; or (iv) any combination of such methods. The CITY’s procuring of the completion of the Work, or the portion of the Work taken over by the CITY, shall be a charge against the CONTRACTOR and may be deducted from any money due or to become due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of s uch charge, or the portion thereof unsatisfied.

The sureties provided for under this Agreement shall become liable for payment if CONTRACTOR fails to pay in full any such cost incurred by the CITY. The permissible charges for any such procurement of the completion of the Work include actual costs and fees incurred to third party individuals and entities (including but not limited to consultants, attorneys, inspectors, and Resolution No. 2026-82
Exhibit "A"

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26 Item5.

Public Improvement Agreement (Contractor) - 7 - CAO: 8/26/2021 designers) and actual costs incurred by the CITY for the increased dedication of time of the CITY’s employees to the Project.

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

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

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

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

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

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

17. Severability.

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

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

19. Counterparts.

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

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

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

Resolution No. 2026-82
Exhibit "A"

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27 Item5.

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

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

23. Prevailing Wages and Department of Industrial Relations Compliance. Pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement.

CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages, including but not limited to the keeping of certified payroll records, overtime pay, employment of apprentices, and workers' compensation coverage, as further set forth in the General Conditions . CONTRACTOR shall file the required workers' compensation certificate before commencing work under this Agreement. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

24. Immigration Reform and Control Act of 1986 .

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

25. Effective Date.

Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)
Resolution No. 2026-82
Exhibit "A"

Page 8 of 9 ends

28 Item5.

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

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Dane White, Mayor

GeoCon Engineering, Inc.
dba GeoCon Skateparks

Date: __________________ ___________________________________ Signature

G
eorge Zadrozny, President ___________
Name & Title (please print)

_506706____________________________
Contractor's License No.

___________________________________
Tax ID/Social Security No.

APPROVED AS TO FORM:

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

BY: __________________________

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

Resolution No. 2026-82
Exhibit "A"

Page 9 of 9 ends

29 Item5.

STAFF REPORT

May 20, 2026
File Number 0690-80

SUBJECT
APPROVE PROPOSED SAN DIEGO GAS AND ELECTRIC EASEMENT AT 272 E. VIA RANCHO PARKWAY TO PROVIDE ELECTRICITY FOR 7 TESLA SUPERCHARGER CABINETS

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2026 -21 authorizing the proposed San Diego Gas and Electric (SDG&E) easement located at 272 E. Via Rancho Parkway.

Staff Recommendation: Approval ( Development Services : Kevin Snyder, Director of Development Services)
Presenter: Leia Cabrera, Engineering Manager
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY –Drive Community and Land Development

FISCAL ANALYSIS
There are no City -incurred costs associated with approval of the proposed San Diego Gas & Electric (“SDG&E”) easement.

PREVIOUS ACTION
None

BACKGROUND
Tesla is proposing the installation of seven (7) supercharger cabinets at 2 72 E. Via Rancho Parkway (“Project”). This City-owned portion of real property is currently known as the North County Mall and is subject to a Ground Lease dated February 2, 1981 between the City of Escondido, as landlord/lessor and EWH 1979 Development Company, L.P., as tenant/lessee. The proposed work includes twenty-eight (28) Tesla charge posts, seven (7) light posts, and a new air pump. In order to facilitate this work, SDG&E seeks an easement and right-of-way over a portion of the property for the installation, operation, maintenance, repair, replacement, and removal of underground and aboveground facilities. These facilities include pad- 30 Item6.

mounted electrical equipment for transmission and distribution of electricity and communication facilities for SDG&E’s internal purposes.

In accordance with California Government Code § 40602 , the Mayor shall sign all written conveyances made or entered into by the City. Also, this Project is categorically exempt from environmental review pursuant to CEQA Guidelines § 15304 (Minor Alterations to Land) since the work involves minor trenching and backfilling where the surface is restored.

RESOLUTION
a. Resolution No. 2026-21
b. Resolution No. 2026-21 – Exhibit “A” – Proposed SDG&E Easement at 272 E. Via Rancho Parkway
31 Item6.

RESOLUTION NO. 2026-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE GRANT

OF A UTILITY EASEMENT TO SAN DIEGO GAS AND
ELECTRIC AT 272 E. VIA RANCHO PARKWAY

WHEREAS, a portion of real property identified as Assessor’s Parcel Number 271 -030-20 (“Premises”) is owned by the City of Escondido and is subject to that certain Ground Lease dated February 2, 1981 (“Ground Lease”), by and between the City of Escondido, as landlo rd/lessor, and EWH 1979 Development Company, L.P., as tenant/lessee, covering premises currently known as the North County Mall; and
WHEREAS, San Diego Gas & Electric (“SDG&E”) seeks an easement and right-of-way over a portion of the Premises for the installation, operation, maintenance, repair, replacement, and removal of underground electrical facilities, together with related aboveground structures, including but not limited to pad -mounted electrical equipment and appurtenances for the tran smission and distribution of electricity, as well as communication facilities and appurtenances used solely for SDG&E’s internal communications; and
WHEREAS, the granting of such easement is intended to support the installation of a Tesla Supercharger facility; and
WHEREAS, upon the City’s request, SDG&E, as grantee, shall (i) remove its facilities from the easement area within a reasonable period of time, and (ii) upon further request by the City, as grantor, execute and deliver to the City a good and sufficient quitclaim of the easement; provided, however, that SDG&E shall be afforded such time as may be reasonably necessary to obtain all required governmental 32 Item6.
and regulatory approvals for such removal and quitclaim, including, without limitation, any app rovals required by the California Public Utilities Commission; and WHEREAS, California Government Code Section 40602 states the Mayor shall sign all written conveyances made or entered into by the City; and
WHEREAS, the Project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15304 (Minor Alterations to Land) since the work involves minor trenching and backfilling where the surface is restored; and
WHEREAS, to accomplish the installation of the Tesla Superch arger facility, the City wishes to authorize and approve the attached grant of Easement to SDG&E.

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

1. That the above recitations are true.

2. That the City Council authorizes the Mayor to execute, on behalf of the City of Escondido, the Easement, attached hereto as Exhibit “A”, affecting a portion of real property identified as Assessor’s Parcel Number 271-030-20, subject to final approval as to form by the City Attorney.

33 Item6.

T:LandServices:Non-Records:NewBusiness: -1- 810236S
Rev. 1
Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:

San Diego Gas & Electric Company
8306 Century Park Court
San Diego, CA 92123
Attn: Real Estate Records - CP4-2

SPACE ABOVE FOR RECORDER'S USE
Project No. 3-592099
Notif. No. 3-592167
A.P.N. No. 271-030-20 Transfer Tax None
SR No. : 1385982 SAN DIEGO GAS & ELECTRIC COMPANY
RW 377570

EASEMENT
CITY OF ESCONDIDO , (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of:

1. Underground facilities, together with aboveground structures consi sting of, but not limited to , pad-mounted electrical equipment , and appurtenances for the transmission and distribution of electricity.

2. Communication facilities, and appurtenances , used solely and exclusively for SDG&E internal communications.

The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary.

Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials.

The property in which this easement and right of way is hereby granted is situated in the City of Escondido, County of San Diego, State of California described as follows:

Parcel 7 of Parcel Map No. 14270, filed May 01, 1986 at Recorder’s File No. 86 -172854, in the Office of the County Recorder of said County of San Diego.

Resolution No. 2026-21
Exhibit "A"

Page 1 of 8 ends

34 Item6.

T:LandServices:Non-Records:NewBusiness: -2- 810236S
Rev. 1
The easement in the aforesaid lands shall be more particularly described on Exhibit "A" and shown and delineated on Exhibit "B", consisting of three (3) sheets, attached hereto and made a part hereof.

All engineering data and/or legal descriptions(s) for the location(s) of the facilities set forth in Exhibit A of this easement has been furnished to Grantee by Tesla’s Engineer Craig D. Wilson , LS 7142. Tesla accepts full responsibility for the accuracy of such data and descriptions and declares that the descriptions represent the locations where Grantee's facilities shall be constructed and maintained within Grantor's property as previously agreed upon by Grantor and Grantee. Tesla agrees that should any changes in grade, realignment of road, street, or avenue, or relocation of facilities become necessary as a result of inaccuracies of data furnished by Tesla in Exhibit A, such changes, realignment or relocation shall be immediately remedied by Tesla at Tesla’s sole expense, and upon Tesla’s failure to remedy same within 30 days after demand, Grantee shall have the right, but not the duty, to make such changes, realignments or relocations and Tesla shall promptly pay to Grantee all reasonable charges thereof. Tesla’s obligations hereunder shall terminate upon the date that Tesla ceases to operate an electric vehicle charging station on the Property, provided that Tesla shall be responsible for any costs that accrued prior to such termination.

In order to provide adequate working space for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8) feet of the front of the door or hinged opening of any above ground facility installed within this easement.

Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes.

Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement.

Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld.

Upon Grantor’s request, Grantee will (i) remove Grantee’s facilities from the Easement within a reasonable period of time, and (ii) upon Grantor’s request, furnish Grantor a good and sufficient quitclaim of the Easement; provided, that Grantee shall have such time as is necessary to obtain any and all agency or jurisdictional requirements and approvals necessary for such removal and quitclaim, including but not limited to any approval from the California Public Utilities Commission as may be required.

Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary.

Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons.

CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and OBTAINING PERMISSION.

Resolution No. 2026-21
Exhibit "A"

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35 Item6.

T:LandServices:Non-Records:NewBusiness: -3- 810236S
Rev. 1

This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee.

Drawn: SLS/BT
Checked: SM
Date: 06/22/2025 (Rev. 08/19/2025) (Rev. 01/29/2026) (Rev. 03/12/26)

IN WITNESS WHEREOF, Grantor executed this instrument this _____ day of _______________, 20_____.

GRANTOR

CITY OF ESCONDIDO

____________________________________
Signature

____________________________________
Dane White

____________________________________
Mayor

(ABOVE SIGNATURE MUST BE NOTARIZED; ACKNOWLEDGMENT PAGES FOLLOW)

APPROVED AS TO FORM:

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

BY: ______________________________________
Resolution No. 2026-21
Exhibit "A"

Page 3 of 8 ends

36 Item6.

T:LandServices:Non-Records:NewBusiness: -4- 810236S
Rev. 1

SEEN AND AGREED TO BY:

TESLA

By: _______________________________________

Name: ____________________________________
(PRINT NAME)

Title: _____________________________________

STATE OF CALIFORNIA

COUNTY OF

On , before me ,
(name, title of officer)

personally appeared ,

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

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

WITNESS my hand and official seal.

(Notary Seal)
(Signature of Notary Public)

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

Resolution No. 2026-21
Exhibit "A"

Page 4 of 8 ends

37 Item6.

T:LandServices:Non-Records:NewBusiness: -5- 810236S
Rev. 1

STATE OF CALIFORNIA

COUNTY OF

On , before me ,
(name, title of officer)

personally appeared ,

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

WITNESS my hand and official seal.

(Notary Seal)
(Signature of Notary Public)

Resolution No. 2026-21
Exhibit "A"

Page 5 of 8 ends

38 Item6.

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Z:\26.35TSL001.65-272EViaRanchoParkway\Records and Reports\Legal Descriptions\Legal Description Exhibit A.docx

Exhibit “A”
Legal Description
APN: 271-030-20
Electrical Easement

Portions of Parcel 7 of Parcel Map No. 14270, in the City of Escondido, County of San Diego, State of California, in File No. 86-172854, in the Office of the County Recorder of said County, described as follows:

Strip 1 (6 feet wide)
COMMENCING at a corner of said Parcel 7 on Beethoven Drive, being the southeasterly terminus of a northeasterly line of said Parcel 7, shown on said Parcel Map with a bearing of North 44°38'31" West, and a distance of 395.54 feet; thence along said northeasterly line North 44°38'31" West, 152.29 feet to the POINT OF BEGINNING; thence departing said northeasterly line South 45°21'29" West, 17.92 feet to the beginning of a curve concave northerly having a radius of 25.00 feet; thence westerly 38.80 feet along said curve through a central angle of 88°55'34"; thence North 45°42'57" West, 29.34 feet to the beginning of a curve concave southerly having a radius of 15.00 feet; thence northwesterly 11.93 feet along said curve through a central angle of 45°35'06"; thence South 88°41'57" West, 0.10 feet to a point hereinafter known as POINT “A”, and the POINT OF TERMINUS.

CONTAINING: 596 square feet, more or less.

Parcel 1
BEGINNING at the aforementioned Point “A”; thence South 44°38'31" East, 0.17 feet; thence South 45°21'29" West, 2.67 feet; thence South 44°38'31" East, 2.17 feet; thence South 45°21'29" West, 8.86 feet; thence North 44°38'31" West, 2.17 feet; thence South 45°21'29" West, 2.67 feet; thence North 44°38'31" West, 14.79 feet; thence South 45°21'29" West, 7.00 feet; thence North 44°38'31" West, 9.94 feet; thence North 45°21'29" East, 18.74 feet; thence South 44°38'31" East, 10.98 feet; thence North 45°21'29" East, 2.45 feet; thence South 44°38'31" East, 13.58 feet to the POINT OF BEGINNING.

Resolution No. 2026-21
Exhibit "A"

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39 Item6.

Page 2 of 2 ends

Z:\26.35TSL001.65-272EViaRanchoParkway\Records and Reports\Legal Descriptions\Legal Description Exhibit A.docx

CONTAINING: 413 square feet, more or less.

CONTAINING: 1,009 total square feet, more or less.

Exhibit “B” attached hereto and made a part hereof.

END OF DESCRIPTION
This legal description and exhibit have been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act.

Craig D. Wilson Date
Licensed Land Surveyor
California No. 7142

_________________________

CRAIG D. WILSON
No. 7142
3/10/26
04/13/2026
Resolution No. 2026-21
Exhibit "A"

Page 7 of 8 ends

40 Item6.

POB
POINT "A"
POT
PARCEL 7
APN: 271-030-20
Doc No: 86-087685

BEETHOVEN DRIVE
Δ
Δ

3.00'
42'STRIP 1
596 SF

3.00'6.00'
POC

CORNER OF
PARCEL 7

LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14

BEARING
S88°41'57"W
S44°38'31"E
S45°21'29"W
S44°38'31"E
S45°21'29"W
N44°38'31"W
S45°21'29"W
N44°38'31"W
S45°21'29"W
N44°38'31"W
N45°21'29"E
S44°38'31"E
N45°21'29"E
S44°38'31"E

DISTANCE

0.10'

0.17'

2.67'

2.17'

8.86'

2.17'

2.67'

14.79'

7.00'

9.94'

18.74'

10.98'

2.45'

13.58'
POINT "A"
POT
0 6030 15
SCALE: 1" = 30'
PAGE:1
03/10/26
OF
PH: (714) 486-0258 CONAWAYGEO.COM
DATE:Z:\26.35TSL001.65-272EViaRanchoParkway\Drawings\26.35TSL-Exhibit B.dwg, 3/10/2026 1:08 PM TESLA
272 E VIA RANCHO PARKWAY

ESCONDIDO, CA

EXHIBIT B

ELECTRICAL EASEMENT
1 ABBREVIATIONS

POB POINT OF COMMENCEMENT

POC POINT OF BEGINNING

POT POINT OF TERMINUS
EXHIBIT "B"
POINT "A"
POT
PARCEL 1
413 SF
Resolution No. 2026-21
Exhibit "A"

Page 8 of 8 ends

41 Item6.

STAFF REPORT

May 20, 2026
File Number 0870-11

SUBJECT
FISCAL YEAR 2026-2027 ANNUAL ACTION PLAN FOR DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

DEPARTMENT
Development Services; Housing and Neighborhood Services

RECOMMENDATION
Request the City Council (1) conduct a public hearing to s olicit and consider citizen input on the Fiscal Year 2026-2027 Annual Action Plan for the use of Community Development and Block Grant funds and (2) adopt Resolution No. 2026-83 approving FY 2026-2027 Annual Action Plan for the use of Community Development and Block Grant funds, conditionally commit funds to projects, and authorize the Director of Community Development to execute contracts as appropriate.

Staff Recommendation: Approval (Development Services: Kevin Snyder, Director of Development Services)
Presenter: Danielle Lopez, Housing and Neighborhood Services Manager and Dulce Salazar, Management Analyst
ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Land Use/Development; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces COUNCIL PRIORITY – Build Trust and Accountability; Drive Community and Land Development

FISCAL ANALYSIS
The City of Escondido (“City”) receives an annual federal entitlement from Housing and Urban Development (“ HUD”) for community development and housing activities. On April 10 , 202 6, HUD announced that the City will receive an allocation of $1,394,624 in CDBG funds for Fiscal Year (“FY”) 2026- 2027. Community Development and Block Grant (“CDBG”) funds will be used to support the Consolidated Plan priorities, funding City-sponsored and community-based organizations in public services, capital, and neighborhood improvement projects. HUD funds must assist the low- and moderate-income residents of Escondido and may not be used to supplant City funds. Funds may also be used to pay for administrative and planning services, subject to regulatory limitations.

CDBG projects and administrative costs will be funded solely by grant money and will not negatively impact the General Fund.
42 Item7.

PREVIOUS ACTION
On June 25, 2025, the City Council conducted a public hearing to solicit and consider citizen input on the Five-Year 2025-2029 Consolidated Plan and 2025-2026 Annual Action Plan for the use of CDBG and HOME Investment Partnership Program (“HOME”) funds; and adopt ed Resolution No. 2025 -69 approving F Y 2025-2029 Consolidated Plan and FY 2025-2026 Annual Action Plan for the use of CDBG and HOME funds, conditionally committing funds to projects, authorized the Director of Community Development to execute contracts as appropriate and approved the submittal of the FY 2025-2029 Consolidated Plan and the FY 2025-2026 Annual Action Plan to HUD.

On January 7, 2026, the City Council received a comprehensive overview of the CDBG and HOME Programs.

On February 18, 2026, the City Council held the first of two public hearings associated with the FY 2026 - 2027 Annual Action Plan . City Council reaffirmed the priorities adopted in the 2025 -2029 Five -Year Consolidated Plan, approved an allocation process that provides for the maximum allowable amounts for administrative costs and public service allocations, and authorized the release of an RFP for CDBG public services and community development activities.

BACKGROUND
The City of Escondido is considered an entitlement jurisdiction and receives an annual allocation from HUD for the operations of its CDBG program. The funding is determined by a formula calculated by HUD, based on population, age of the city and poverty levels. The City’s allocation can fluctuate year -to-year causing funding to increase or decrease in various programs.

As a recipient of the federal funds, the City is required to submit a five-year Consolidated Plan, an Annual Action Plan that is required for each year of the Consolidated Plan period, and a Consolidated A nnual Performance and Evaluation Report (“CAPER”) to monitor its progress, outcomes, and expenditures for the program year.

The Consolidated Plan is intended to provide a comprehensive, strategic framework for a community to establish a unified vision and Action Plan to address the needs of low-and moderate- income individuals, families and neighborhoods. The goals of CDBG program covered by the Consolidated Plan are to provide services to low-and moderate- income households, provide a suitable living envi ronment, and expand economic opportunities.

HUD requirements for the development of the Consolidated Plan include a community assessment of the City’s housing and community development needs, including homeless and non -homeless needs; the development of a comprehensive citizen participation plan; the development of a five-year strategic plan; the identification of priorities to benefit low-and moderate- income individuals; and the development of a one-year Action Plan to address the established priorities. 43 Item7.

CDBG
The CDBG program is a block grant program that provides communities with resources to address a wide range of unique community development needs. The CDBG program works to ensure decent affordable housing and neighborhoods, to provide services to the most vulnerable in our communities, and to create jobs through the expansion and retention of businesses. Each CDBG activity must meet one of the following national objectives and one of the Consolidated Plan priorities. Historically, Escondido projects have focused on the first national objective of benefiting low- and moderate-income persons.

HUD National Objectives
• Benefit low- and moderate-income persons;
• Aid in the eliminate slums or blight; or
• Meet a particular urgent community need because existing cond itions pose a serious threat and no other source of funds is available. This national objective is rare and is designated only for activities that alleviate emergency conditions, e.g., fire, flood, earthquake.

Based on the community needs assessments and public participation, City staff have identified four overarching priorities for the 2025-2029 Consolidated Plan period. Each year, prior to the adoption of the One-Year Action Plan, the City Council is asked to review and reaffirm the priorities and may c hoose to adopt changes at that time. For FY 2026-2027 these priorities were reaffirmed at the February 18, 2026, council meeting.

FY 2025-2029 CDBG Priorities
• Support the development and preservation of affordable rental and homeownership opportunities.
• Expand access to supportive services to prevent and reduce homelessness, promote housing stability, and foster long-term solutions.
• Promote safe and healthy communities by improving public facilities, upgrading infrastructure, and supporting neighborhood revitalization efforts. • Deliver essential public services to vulnerable populations, including youth, families, and seniors with low to moderate incomes and individuals with special needs.

The one-year Action Plan, required for each year of the Consolidated Plan period, will determine the goals, objectives and performance benchmarks for activities for a single year and will specify how CDBG entitlement funds are spent. This year an RFP was released on February 23, 2026, with applications due March 16, 2026. The RFP was posted to the City’s website, advertised on BidNet, and emailed to the CDBG mailing list consisting of approximately 60 service providers.

In response to the RFP, the City received 21 proposals, from both internal and external applicants totaling 44 Item7.

over $ 3.7M dollars in requests, for $1,394,624 available in CDBG funds. Proposals were analyzed and scored by Housing and Neighborhood Services staff on a 100 -point scale based on agency information, capacity, and experience, project description, and financial information. Prior to formal consideration, these recommendations w ere presented to City Councilmembers in individual meetings to solicit feedback and funding priorities. Council members provided comments that informed the final recommendation.

Citizen Participation and Public Outreach
Citizen participation is a primary requirement for the preparation of the Consolidated Plan and Annual Action Plans. In accordance with the Citizen Participation Plan, the City must conduct two public hearings to solicit and consider citizen input on the Annual Action Plan. The first public Hearing was held on February 18, 2026 and the second will be held on May 20, 2026. The City Council actions on May 20, will identify specific programs and activities to be undertaken with FY 2026-2027 funds and will conditionally commit funding to specific organizations. Final commitment is dependent on HUD’s acceptance of the Action Plan, completion of a National Environmental Policy Act (“NEPA”) environmental review, receipt of environmental clearance from HUD, provision of appropriate insurance verification, and acceptance of City contract terms.

The City released a public notice in the Escondido Times Advocate, on April 16, 2026, noticing a 30 -day public comment period on the draft 202 6-2027 One Year Action Plan for CDBG funds. Additionally, staff posted a copy of the draft Annual Action Plan on the Housing and Neighborhood Services Department website and made hard copies available at the front counter in City Hall. All applicants were notified of the draft Annual Action Plan . At the time of this report, City staff received three public comments, questions, or concerns on the priorities or plans.

During the open public comment period, City staff presented on the Annual Action Plan at three community meetings. The first was on April 23, 2026 to the Neighborhood Leadership Forum, the second was on May 1 , 2026 at the Escondido Education COMPACT’s CAFÉ Meeting , and the third was at a Community Forum on May 7, 2026 at City Hall. A total of 43 community members attended the meetings.

In addition to the CAFÉ meeting, a flyer requesting feedback was sent to Café’s list serve of approximately 300 service providers. The flyer was also posted to the City’s social media channels.

Proposals
For FY 2026-2027, the City received 21 proposals for CDBG funds. The recommended agencies and funding amounts are found in the table below, and a more detailed list of project proposals received can be found in Attachment “2”:

CDBG Funding Allocations for FY 2026-2027
$1,394,624

45 Item7.

Administration CDBG Administration
(20% Cap) 278,924.80

Public Service Applicants Project Name
Recommended
for funding
Yes/No
Funds Requested (15% Cap
$209,193.60)
Meals on Wheels Escondido Senior Meal Delivery
& Supportive Services
Yes $25,000
Community Services Senior Cares Program Yes $21,287
Voices for Children Transitional Age Youth CASA
Program
Yes $10,000
Project Next (Legal
Name: The San Marcos
Promise)
Focused Futures at Escondido
High School
Yes $30,000
CSA San Diego Fair Housing Services No $45,500
Alabaster Jar Project Support Services for Survivors of Human Trafficking
Yes $50,000 Recommend:
$43,953
Escondido Education

COMPACT
Escondido Youth Stewardship
Corps
Yes $50,000 Recommend:
$43,953
Legal Aid Society of San
Diego, Inc.

Fair Housing Services Yes $35,000
$231,787.11 Recommend:
$209,193
Capital Applicants Project Name
Recommended
for funding
Yes/No
Funds Requested
Public Works
Department/Park
Westside Park Playground
Fencing
No $35,000
Public Works
Department/Park
Washington Park Playground
Sidewalk
Yes $38,046.50
Public Works
Department/Parks
Jesmond Dene Park Playground
Sidewalk
Yes $50,000
Housing and
Neighborhood Services
Neighborhood Cleanup Yes $50,000 Recommend:
$75,000
Urban Corps of San
Diego County
Urban Corps Escondido Recycling
Center Fencing Replacement
Yes $90,000
46 Item7.

The Vine Institute Escondido AgX Regional
Innovation Hub
Yes $250,000
Shaback Humanitarian
Bank
Public Facility & Improvement
Buildout
No $125,000
Metropolitan Area
Advisory Committee on
Anti-Poverty of San
Diego, Inc. (MACC)
Asencia Yes $1,341,561 Recommend:
$403,460.50
Metropolitan Area
Advisory Committee on
Anti-Poverty of San
Diego, Inc. (MACC)
Ivy No $1,341,561
Total: $3,371,168.50 Recommend:
$906,507

Conclusion

On June 3, staff will return with the HOME allocations as well as the request for council to authorize staff to submit the 2026-2027 Annual Action Plan to HUD. The deadline for the City to submit the FY 2026-2027 Annual Action Plan to HUD is August 16, 2026.

RESOLUTIONS
a. Resolution No. 2026-83
b. Resolution No. 2026-83—Exhibit “A”—CDBG Allocations
c. Resolution No. 2026-83—Exhibit “B”—CDBG Agreement

ATTACHMENTS
a. Attachment “1” – Budget Adjustment
b. Attachment “2” – Proposed Project Descriptions
c. Attachment “3” – CDBG Eligible Area Map
47 Item7.

Attachment “1”

BUDGET ADJUSTMENT

REQUEST

Department: Development Services/HNS
For Finance Use Only

BA # ____________

Fiscal Year ________
Department Contact: Dulce Salazar
City Council Meeting Date:
(attach staff report) 5/20/2026

EXPLANATION OF REQUEST

The City will receive an allocation of $1,394,624 in CDBG funds in Fiscal Year (“FY”) 2026-2027. Below is a list of recommended projects for the CDBG Program in FY 2026-27.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
CDBG Administration GRT-NEW $278,924
Meals on Wheels GRT-NEW $25,000
Senior Cares GRT-NEW $18,693
Fair Housing GRT-NEW $35,000
Voices for Children GRT-NEW $10,000
Project NEXT GRT-NEW 30,000
Escondido Education COMPACT GRT-NEW $43,953
Alabaster Jar Project GRT-NEW $43,953
Neighborhood Cleanup GRT-NEW $75,000
The Vine Institute GRT-NEW $250,000
Urban Corps Escondido Center GRT-NEW $90,000
48 Item7.

Attachment “1”
Jesmond Dene Playground
Sidewalk GRT-NEW $50,000
Washington Park Playground
Sidewalk GRT-NEW $38,046.50
MACC GRT-NEW $403,460.50

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE

49 Item7.

Attachment “2”

City of Escondido, Fiscal Year 2026-2027
CDBG Allocations: $1,394,624

Administration - 20% cap of allocation ($278,924 max)
Total Administration $278,924

Senior Cares ($21,287.11)
Senior Cares provides services for low-and moderate-income (“LMI”) senior residents in Escondido. The program operates a dedicated resource center with trained staff. Staff connect customers to essential resources such as transportation, meal programs, social services, and other support systems that promote housing stability and overall well -being. This program addresses the Consolidated Plan priority of providing essential public services to vulnerable populations, including seniors, families, youth, and individuals with special needs. It meets the HUD national objective of benefiting LMI persons/households on a limited clientele basis.

Alabaster Jar Project ($50,000)
The program provides shelter and therapeutic services for survivors of human trafficking who are experiencing or at-risk of becoming homeless. Funding will provide staffing to deliver therapeutic and housing services for 3 -5 survivors of human trafficking. The program addresses the Consolidated Plan priority of expanding access to supportive services to prevent and reduce homelessness, promote housing stability, and foster long -term solutions and the HUD national objective of benefitting LMI persons/households on a limited clientele basis.

Voices for Children ($10,000)
The Court Appointed Special Advocate ( CASA) program ensures that children in foster care receive the resources to navigate the child welfare and court systems. Through this project, Voices for Children will recruit, train, and supervise CASAs community volunteers who serve as a stable, caring prese nce in a child’s life. This program addresses the Consolidated Plan priority of providing essential public services to vulnerable populations, including seniors, families, youth, and individuals with special needs. It meets the HUD national objective of benefiting LMI persons/households on a limited clientele basis.

Meals on Wheels ($25,000)
The program provides seniors in the City of Escondido with nutritious daily delivered meals, accompanied by safety checks, social visits, care navigator support, and follow -up care. Fundin g is used to cover the food and packaging cost for meals to be delivered to homebound seniors. This program focuses on older adults 62+ and LMI. This program addresses the Consolidated Plan priority of providing essential public services to vulnerable populations, including seniors, families, youth, and individuals with special needs.

It meets the HUD national objective of benefiting LMI persons/households on a limited clientele basis.

Escondido Education COMPACT ($50,000)
The Escondido Youth Stewardship Corps Program is a paid development initiative for LMI Escondido youth ages 16-24. They will focus on public -benefit work including Escondido Creek Trail maintenance, landscaping, beautification, weed abatement, and minor home repair or cleanup services for households 50 Item7.

Attachment “2”
cited by the City’s Code Enforcement Divisio n. This program addresses the Consolidated Plan priority of providing safe and healthy communiti es by improving public facilities, upgrading infrastructure, and supporting neighborhood revitalization efforts . It meets the HUD national objective of benefiting LMI persons/households on a limited clientele basis.

Project Next (formerly San Marcos Promise) ($30,000)
The Future Ready program, by Project Next , provides services to assist LMI high school students in Escondido by establishing a future center at Escondido high school in Escondido to create drop-in services, financial counseling, skill -building, and networking opportunities for college and career readiness. The program receives referrals from the school and social workers. The requested funding would enable the program to expand services in Escondido High School. The program addresses the Con solidated Plan priority of providing essential public services to vulnerable populations, including youth, families, and seniors with low to moderate incomes and individuals with special needs and the HUD national objective of benefitting LMI persons/households on a limited clientele basis.

CSA San Diego County ($45,500)
CSA San Diego County provides a comprehensive Fair Housing and Tenant -Landlord Services Program serving low-and moderate-income residents of the City of Escondido. The program provides individualized housing counseling, landlord -tenant mediation, fair hous ing education workshops, and discrimination complaint intake and investigation services. The program seeks to prevent eviction, reduce housing instability, and ensure residents understand and can exercise their rights under federal and state fair housing l aw. They will conduct at least two fair housing education workshops and participate in two community outreach events to increase awareness of housing rights and available services. CSA will investigate housing complaints. The program meets the HUD fair housing requirement and benefits a limited clientele of LMI Escondido residents. The program addresses the Con solidated Plan priority of expanding access to supportive services to prevent and reduce homelessness, promote housing stability, and foster long-term solutions and the HUD national objective of benefitting LMI persons/households on a limited clientele basis.

Legal Aid Society of San Diego ($35,000)
The Legal Aid Society of San Diego (LASSD) enforces fair housing rights and helps Escondido residents to maintain housing stability. The program provides the following services to Escondido residents : (1) education and outreach regarding rights and responsibilities under the Fair Housing Act and related State laws; (2) legal education, referral, advice and/or representation; (3) testing to detect fair housing discrimination from housing providers. The program meets the HUD fair housing requirement and benefits a limited clientele of LMI Escon dido residents. The program addresses the Consolidated Plan priority of expanding access to supportive services to prevent and reduce homelessness, promote housing stability, and foster long -term solutions and the HUD national objective of benefitting LMI persons/households on a limited clientele basis.

CAPITAL PROJECTS:

Neighborhood Cleanup ($50,000)
Escondido Neighborhood Services staff arrange CDGB-funded neighborhood cleanups in order to beautify Escondido communities and improve the appearance of neighborhoods within the city . City staff coordinate 14-18 neighborhood cleanups annually throughout LMI communities in Escondido and facilitate quart erly Neighborhood Leadership Forums. These forums provide a valuable platform for residents to engage with the leaders and address community issues. The project is scheduled to start in 51 Item7.

Attachment “2”
July 202 6 and end June 30, 202 7. Neighborhood cleanups meet the Consolidated Plan priority of promoting safe and healthy communities by improving public facilities, upgrading infrastructure, and supporting neighborhood revitalization efforts and the HUD national objective for the elimination of slum and blight on an area basis.

Urban Corps Escondido Recycling Center Fencing Replacement Project ($90,000) The Urban Corps Recycling Center in Escondido serves as the training and education venue for LMI young adults ages 18 -26 to attend Urban Corps Charter School while learning job skills. The footprint of the building is 5,500 square feet. Currently, metal chain-link fences are used to secure the 325-ft parameters of the Recycling Center campus. This project is to replace the old fence with updated, durable solid vinyl fencing. The vinyl fencing will be 8x325 ft in size with two new gates (4x8 ft) installed to provide safe, ADA- accessible access to the campus. This project addresses the Consolidated Plan priority of promoting safe and healthy communities by improving public facilities and upgrading infrastructure and meets the HUD national objective of aid the prevention or elimination of slum or blight.

The Vine Institute ($250,000)
This project is r equesting CDBG funding to cover $250,000 in predevelopment costs, at 455 N. Quince Street, Escondido, including site and system assessments, architectural and engineering design, permitting, utilities and high-capacity digital infrastructure planning, stakeholder engagement, workforce training preparedness and marketing. These activities will ensure that once construction is complete, The AgX Hub can immediately launch programs that connect community members with living-wage jobs in ag- tech, food processing, logistics, an d climate-smart agriculture. This project addresses the Consolidated Plan priority of promoting safe and healthy communities by improving public facilities and upgrading infrastructure and meets the HUD national objective of aid the prevention or elimination of slum or blight.

Shaback Altruistic Inc. ($125,000)
Shaback Altruistic Inc. request ed $125,000 in CDBG Capital Improvement Project (CIP) funding to complete the buildout and full equ ipping of the Shaback Humanitarian Bank, a 1,573 -square-foot multi- service community hub at North County Mall (272 E Via Rancho Pkwy, Suite 364, Escondido, CA 92025), immediately adjacent to the existing 3,338 -squarefoot Shaback Resource Center (Suite 365) . Together, Suites 364 and 365 would form a 4,911- square-foot integrated service hub. The Humanitarian Bank would transform the adjacent vacant commercial space into eleven dedicated service areas, creating a comprehensive one -stop community resource cent er for Escondido's LMI residents. Th e project encompasses construction of partitioned office and service areas, ADA compliant access, electrical upgrades, HVAC distribution, commercial refrigeration for food storage, furniture and equipment for all service stations, professional signage, IT infrastructure, and a security system.

The program addresses the Consolidated Plan priority of expanding access to supportive services to prevent and reduce homelessness, promote housing stability, and foster long-term solutions and the HUD national objective of benefitting LMI persons/households on a limited clientele basis.

Metro Area Advisory Committee on Anti-Poverty of San Diego, Inc (MACC) ($1,341,561) Ivy- 343 East 2nd Street., Escondido, CA 92025
MAAC proposes to utilize CDBG funds to support the acquisition of a one -acre site located in the downtown core of Escondido. The requested funding will be used solely for eligible property acquisition costs incurred during the program period, including transaction -related costs necessary to secure and maintain site control of the property for a community -serving residential use that will benefit LMI households. The activity is limited to real property acquisition and associated eligible costs and does not involve the use of CDBG funds for housing construction activities. The program addresses the 52 Item7.

Attachment “2”
Consolidated Plan priority of supporting the development and preservation of affordable rental and ownership opportunities and the HUD national objective of benefitting LMI persons/households on a limited clientele basis.

Metro Area Advisory Committee on Anti-Poverty of San Diego, Inc (MACC) ($1,341,561) Ascencia- 332 S Escondido Blvd., Escondido, CA 92025
MAAC proposes to utilize CDBG funds to support the acquisition of a 1.28-acre site located in the downtown core of Escondido. The requested funding will be used solely for eligible property acquisition costs incurred during the program period, including transaction -related costs necessary to secure and maintain site contro l of the property for a community -serving residential use that will benefit LMI households. The activity is limited to real property acquisition and associated eligible costs and does not involve the use of CDBG funds for housing construction activities. The program addresses the Consolidated Plan priority of supporting the development and preservation of affordable rental and ownership opportunities and the HUD national objective of benefitting LMI persons/households on a limited clientele basis.

Code Compliance A Helping Hands Program ($50,000)
The Helping Hands program is designed to provide targeted public services to LMI individuals and families.

The program’s activities include direct outreach to those most in need, engaging volunteers to extend the program’s reach, and collaborating with established local organizations to maximize impact. These efforts can help ensure that essential services such as food assistance, wellness checks, and resource navigation are accessible to community members who face the greatest barriers. By aligning with the City’s objectives to reduce disparities, promote social equity, and strengthen community support networks, A Helping Hands contributes to a healthier and more inclusive community environment. The program addresses the Consolidated Plan priority of expanding access to supportive services to prevent and reduce homelessness, promote housing stability, and foster long-term solutions and the HUD national objective of benefitting LMI persons/households on a limited clientele basis.

Washington Park Playground Sidewalk ($38,046.50)
This project will install sidewalk around the 5-12 play area at Washington Park, where no hardscape edge currently exists. Project takes 4-6 weeks to complete. This project addresses the Consolidated Plan priority of promoting safe and healthy communities by improving public facilities and upgrading infrastructur e, and supporting neighborhood revitalization efforts and meets the HUD national objective of aiding the prevention or elimination of slum or blight.

Jesmond Dene Park Playground Sidewalk ($50,000)
This project will install sidewalk around the 2-5 and 5-12 play area at Jesmond Dene Park. The play areas are only partially boarded by sidewalks. Project would take 4-6 weeks to complete. This project addresses the Consolidated Plan priority of promoting safe and healthy communities by improving public faciliti es and upgrading infrastructure , and supporting neighborhood revitalization efforts and meets the HUD national objective of aiding the prevention or elimination of slum or blight.

Westside Park Playground Fencing ($35,000)
This project is to install a wrought iron fence around the 5-12 play structure. The goal of this project is to provide families with a safe and secure play area that creates one controlled entrance and exit. This project addresses the Consolidated Plan priority of promoting safe and healthy communities by improving public facilities and upgrading infrastructure , and supporting neighborhood revitalization efforts and meets the HUD national objective of aiding the prevention or elimination of slum or blight. 53 Item7.

Attachment “3”
Map of CDBG Eligible Census Blocks

54 Item7.

RESOLUTION NO. 2026-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ADOPTING THE
COMMUNITY DEVELOPMENT BLOCK GRANT (“ CDBG”)
BUDGET FOR FISCAL YEAR (“FY”) 2026-2027 AND

AUTHORIZING THE COMMUNITY DEVELOPMENT
DIRECTOR TO CONDITIONALLY COMMIT CDBG FUNDS;
AND ADOPTING THE CITY OF ESCONDIDO FY 2026-2027

ANNUAL ACTION PLAN FOR CDBG

WHEREAS, the City of Escondido (“City”) is a recipient of CDBG funds from the United States Department of Housing and Urban Development (“HUD”); and WHEREAS, the City desires at this time , and deems it to be in the best interest to adopt the FY 2026-2027 Annual Action Plan for CDBG funds; and
WHEREAS, a maximum of 20 percent of CDBG funds received may be used for administration, a maximum of 15 percent of CDBG funds may be used for public service activities, and the remaining funds may be used for capital improvements and neighborhood revitalization; and WHEREAS, the City Council desires at this time, and deems it to be in the best public interest, to adopt the CDBG budget for FY 202 6-2027, which is attached as Exhibit “A” respectively, and which is incorporated by this reference; and
WHEREAS, the CDBG budget reflect s the work program for the coming year based on the City’s Action Plan for FY 202 6-2027, which identifies the goals and priorities, established in the 202 5-2029 Consolidated Plan; and
55 Item7.

WHEREAS, the City Council also desires to authorize City officials, including the Director of Community Development as appropriate to conditionally commit funding and execute agreements to provide for the use of CDBG funds.

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

1. That the above recitations are true.

2. That the City Council approves the adoption of the FY 202 6-2027 Annual Action Plan for CDBG funds.

3. That the City Council authorizes the CDBG budget and administration of pro grams for the period of July 1, 202 6, through June 30, 202 7 inclusive, contained in the FY 202 6-2027 CDBG Budget Documents, attached as Exhibit “A” is hereby adopted.

4. That the Director of Community Development can authorize non-substantial changes to the CDBG budget within the parameters outlined in the Council approved Citizen Participation Plan.

5. As au thorized by the Escondido Municipal Code , designated employee may execute contracts with specific providers for use of CDBG funds in the amounts s et forth in Exhibit “A,” provided such agreements have been approved as to form by the City Attorney, and provided such agreements are substantially in the form as that attached in Exhibit “B” which is incorporated by this reference.

56 Item7.

Resolution No. 2026-83
Exhibit “A”

Page 1 of 1 ends

City of Escondido, Fiscal Year 2026-2027
CDBG Allocations
2026 HUD Allocation: $1,394,624

Administration - 20% cap of allocation ($278,924.80 max.)

GRT # CDBG Administration $ 278,924
116-109
Total $ 278,924

Public Service - 15% cap of allocation ($209,193.60 max.)

GRT # Fair Housing $ 35,000
GRT # Senior CARES $ 18,693
GRT # Meals on Wheels $ 25,000
GRT # Voices for Children $ 10,000
GRT # Project NEXT $ 30,000
GRT # Escondido Education COMPACT $ 43,953
GRT # The Alabaster Jar Project $ 43,953

Total $ 209,193

Uncapped Capital Improvement & Other Neighborhood
Revitalization Activities - (No max.)

GRT # The Vine Institute $ 250,000
GRT # Urban Corps Escondido Center- Fencing Project $ 90,000 GRT # MACC $ 403,460.50
GRT # Neighborhood Cleanup $ 75,000
GRT # Jesmond Dene Playground Sidewalk $ 50,000 GRT # Washington Park Playground Sidewalk $ 38,046.50

Total $ 906,507

Total CDBG Allocations $ 1,394,624
57 Item7.

Subrecipient Agreement 1 CAO: 03/02/2024

SUBRECIPIENT AGREEMENT
between

CITY OF ESCONDIDO
and

NONPROFIT NAME
for

PROJECT TITLE
This SUBRECIPIENT AGREEMENT (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”) by and between the City of Escondi do, a California municipal Corporation ( “Grantee”) and [ NONPROFIT NAME/ENTITY DESIGNATION] (“Subrecipient”). (The City and Subrecipient may each individually be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds.

NOW, THEREFORE, the Parties mutually agree as follows:

I. SCOPE OF SERVICE
A. Activities. The Subrecipient shall be responsible for administering a Community Development Block Grant (“CDBG”) Year [_____] program titled, [Project Title] in a manner satisfactory to the Grantee and consistent with any standards required as a condition of provid ing these funds.

Such program shall include the activities eligible under the CDBG program that are specified in Exhibit A, which is attached hereto and incorporated herein by this reference (“Activities”).

B. National Objectives.

1. All activities funded with CD BG funds must meet one of the CDBG program’s National Objectives: benefit low - and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as further described in 24 C.F.R. § 570.208.

2. The Subrecipient certifies that the Activities carried out under this Agreement will meet the National Objective of [________________].

C. Levels of Accomplishment – Goals and Performance Measures. The levels of accomplishment may include such measures as units rehabilitated, persons or households assisted, or meals served, and should include periods for performance. The Subrecipient agrees to provide certain levels of program services, as set forth in Exhibit A.

D. Staffing. Subrecipient shall be responsible for staff and time to be allocated to each of the Activities, as set forth in Exhibit A.

Resolution No. 2026-83
Exhibit "B"

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58 Item7.

Subrecipient Agreement 2 CAO: 03/02/2024

E. Performance Monitoring. The Grantee will monitor the performance of the Subrecipient against the goals and performance standards stated within this Agreement. Substandard performance as determined by the Grantee sha ll constitute noncompliance with this Agreement. If the Subrecipient does not take action to correct such substandard performance within 30 days after being notified by the Grantee, Grantee may suspend or terminate this Agreement pursuant to the procedures described herein.

II. TIME OF PERFORMANCE

A. The Subrecipient’s performance of the Activities shall commence on [________________] and end on [_______________].

B. The term of this Agreement shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG fun ds or other CDBG assets, including any program income as defined by 24 C.F.R. § 570.500 (“Program Income”).

III. BUDGET

A. Subrecipient shall adhere to the budget specified in Exhibit B, which is attached hereto and incorporated herein by this reference (“Budget”).

B. Any indirect costs charged must be consistent with the conditions of Paragraph IX(C)(2) of this Agreement.

C. The Grantee may require a more detailed Budget breakdown than what is contained in Exhibit B, and the Subrecipient shall provide such supplementary Budget information in a timely fashion in the form and content prescribed by the Grantee. Any changes to the Budget may only be made by written amendment signed by both the Grantee and the Subrecipient

IV. PAYMENT

A. The total amount to be paid by the Grantee under this Agreement shall not exceed [_________________].

B. Drawdowns for the payment of eligible expenses shall be made against line items specified in the Budget and in accordance with Subrecipient’s performance of the Activiti es. Expenses for general administratio n shall also be paid against line items specified in the Budget and in accordance with Subrecipient’s performance of the Activities.

C. Payments to the Subrecipient are contingent upon the U.S. Department of Housing and Urban Development’s (“HUD”) delivery of payment to the Grantee.

D. Payments to the Subrecipient may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 2 C.F.R. § 200.302.

V. NOTICES

A. All notices required by this Agreement shall be in writing and delivered to the appropriate Party via mail (postage prepaid), commercial courier, or personal delivery, or sent by e-mail.

B. All communications and details concerning this Agreement shall be direct ed to the following representatives:

Resolution No. 2026-83
Exhibit "B"

Page 2 of 22 ends

59 Item7.

Subrecipient Agreement 3 CAO: 03/02/2024

If to the Grantee

City of Escondido
201 N. Broadway
Escondido, CA 92025
Attn: Dulce Salazar
[email protected]
760-839-4057

If to the Subrecipient

[______________
_______________
_______________
_______________
_______________
_______________]

VI. GENERAL CONDITIONS

A. General Compliance. The obligations undertaken by Sub-recipient include, but are not limited to, the obligation to, as applicable, comply with each of the following as may be amended from time to time:

1. The Subrecipient shall comply with the requirements of 24 C.F.R. Part 570 (HUD regulations concerning CDBG), including Subpart K of such regulations, except that (1) the Subrecipient does not assume the recipient’s environmental responsibiliti es described in 24 C.F.R. § 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52.

2. The Subrecipient shall comply with all applicable federal, state, and local laws, regulations, and policies governing the funds provided under this Agreement.

3. The Subrecipient shall utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

4. The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which Grantee must fulfill their environmental responsibilities.

B. Independent Contractor . Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the P arties. The Subrecipient is an independent contractor and no agency or employment relationship, either expre ss or implied, is created by the execution of this Agreement. The p erformance of the Activities is an integral part of the regular business operations of the Subrecipient. The Subrecipient shall have exclusive control over all work performed by its emplo yees and the manner in which it is performed and shall determine the method, details, and means of performing the Activities. In addition to any other indemnification required by the Subrecipient under this Agreement, the S ubrecipient indemnifies Grantee for any claims, losses, costs, fees, liabilities, damages, or injuries suffered by the Grantee arising out of the Subrecipient’s breach of this section.

Resolution No. 2026-83
Exhibit "B"

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60 Item7.

Subrecipient Agreement 4 CAO: 03/02/2024 C. Grantee Recognition. The Subrecipient shall insure recognition of the role of the Grantee in the Subrecipient’s performance of the Activities through this Agreement. Any activity, facilit y, or item utilized pursuant to this Agreement shall be prominently labeled as to its funding source. In addition, the Subrecipient shall include a reference to the support provided in this Agreement in all publications made possible with funds made available under this Agreement.

D. Amendment.

1. The Grantee or the Subrecipient may amend this Agreement at any ti me provided that such amendment makes specific reference to this Agreement ; is executed in writing and signed by a duly authorized representative of each Party; and is approved by the Grantee’s governing body.

2. The Grantee may, in its discretion, amend this Agreement to co mply with federal, state, or local laws, regulations, guidelines, or policies, except that if any such amendment results in a change in the funding or the Activities under this Agreement , such amendment may be made only by written amendment signed by both the Grantee and the Subrecipient as otherwise required by this Agreement.

VII. INDEMNIFICATION, BONDING, INSURANCE

A. Indemnification, Duty to Defend, and H old Harmless . The Subrecipient (including the Subrecipient’s agents, employees, and subcontractors, if any) shall hold harmless, defe nd, and indemnify the Grantee, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs a nd expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with the Subrecipient’s (including the Subrecipient’s agents, employees, and subcontractors, if any) performance of the Activities or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the Grantee . This provision shall survive the termination of this Agreement.

B. Bonding. The Subrecipient shall comply with the bonding requirements of 2 C.F.R. § 200.325.

The Subrecipient as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.

C. Insurance.

1. The Subrecipient shall comply with the insurance requirements of 2 C.F.R. §§ 200.310 and 200.447.

2. The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud, and undue physical damage.

3. The Subrecipient shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Activities, and the results of such work, by the Subrecipient, its agents, representatives, employees, or subcontracts.

Insurance coverage shall be at least as broad as the following:

Resolution No. 2026-83
Exhibit "B"

Page 4 of 22 ends

61 Item7.

Subrecipient Agreement 5 CAO: 03/02/2024 a. Commercial General Liability . Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occu rrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence, $4,000,000 general aggregate.

b. Automobile Liability . ISO Form CA 00 01 cover ing any auto (Code 1), or if the Subrecipient has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the Grantee and approved in writing by t he Grantee’s Risk and Safety Division.

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

d. Professional Liability (Errors and Omissions) . Professional Liability (Errors and Omissions) appropriate to the Subrecipient’s professions, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

e. If the Subrecipient maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the Grantee requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Subrecipient.

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

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

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

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

d. Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the Grantee.

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

Resolution No. 2026-83
Exhibit "B"

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62 Item7.

Subrecipient Agreement 6 CAO: 03/02/2024

f. Waiver of Subrogation. The Subrecipient hereby grants to the Grantee a waiver of any right to subrogation that any insurer of the Subrecipient may acquire against the Grantee by virtue of the payment of any loss under such insurance. The Subrecipient agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but his subsection shall apply regardless of whether o r not the Grantee has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the Grantee for all work performed by the Subrecipi ent, its agents, representatives, employees, and subcontractors.

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

h. Self-Insured Retentions. Self -insured retentions must be declared to and approved by this Grantee.

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

6. Special Risks or Circumstances . The Grantee reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in th is Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

7. No Limitation of Obligations . The insurance requirements in this Agreement, including the types and limits of insurance coverage the Subrecipient must maintain, and any approval of such insurance by the Grantee, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Subrecipient pursuant to this Agreement, i ncluding but not limited to any provisions in this Agreement concerning indemnification.

8. Failure to comply with any of the insurance requirements in this Agreement, including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that the Subrecipient fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the Grantee may have, the Grantee may, at its sole option, (i) immediately terminate this Agreement, or (ii) order the Subrecipient to stop work under this Agreement and/or withhold any payment that becomes due to the Subrecipient until the Subrecipient demonstrates compliance with the insurance requirements in this Agreement.

VIII. TERMINATION
Resolution No. 2026-83
Exhibit "B"

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63 Item7.

Subrecipient Agreement 7 CAO: 03/02/2024

A. Suspension or Termination . The Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which may include (but is not limited to) the following:

1. Failure to comply with any of the federal, state, or local law s, regulation s, executive orders, HUD guidelines, policies, or directives referred to herein, or any federal, state, or local laws, regulations, executive orders, HUD guidelines, policies, or directives that may become applicable to this Agreement at any time;

2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement, as determined by Grantee in its sole discretion;

3. Ineffective or improper use of funds provided under this Agreement; or

4. Submission by the Subrecipient to the Grantee a report that is incorrect or incomplete in any material respect.

B. The Grantee shall have the right to terminate this Agreement immediately or withho ld payment of invoice for failure of the Subrecipient to comply with the terms and conditions of this Agreement. If the Grantee decides to terminate this Agreement, after a full evaluation of all circumstances has been completed, the Subrecipient shall, u pon written request, have the right to an appeal process. The Grantee shall attach a copy of the appeal process to any termination notice.

C. If the Grantee finds that the Subrecipient has violated any term or condition of this Agreement, the Subrecipient shall be required to:

1. Repay all monies received from the Grantee under this Agreement; and

2. Transfer possession of all materials and equipment purchased with grant money to the Grantee.

D. In the case of early termination, the Grantee may make a final payment to the Subrecipient upon receipt of a Final Report and invoices covering eligible costs incurred prior to such termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement.

E. Termination for Convenience. This Agreement may be terminated for convenience by either Party, in whole or in part, by setting forth the reasons for such termination, the effective date of such termination , and, in the case of partial termination, the portion to be te rminated.

However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the Agreement in its entirety. Grantee and Subrecipient agree to provide written notice to the other party within 30 days prior to the effective date of any termination for convenience . In the event that HUD withdraws any portion of th e City’s CDBG funds, the City shall not be obligated to reimbur se the Subr ecipient for any activity expense incurred and may recover reimbursed amounts already paid. The Grantee shall notify the Subrecipient if such event by HUD occurs.

IX. ADMINISTRATIVE REQUIREMENTS

A. Financial Management.

Resolution No. 2026-83
Exhibit "B"

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64 Item7.

Subrecipient Agreement 8 CAO: 03/02/2024

1. Accounting Standards . The Subrecipient shall comply with 2 C.F.R. Part 200 and shall adhere to the accounting principles and procedures required therein, including following Generally Accepted Accounting Principles (GAAP) as defined in 2 C.F.R. § 200.49. The Subrecipient shal l utilize adequate internal controls and maintain necessary source documentation for all costs incurred.

2. Cost Principles. The Subrecipient shall administer its program in conformance with 2 C.F.R.

Part 200, Subpart E. These principles shall be applied f or all costs incurred, whether charged on a direct or indirect basis.

3. Subrecipient understands and acknowledges that Grantee must comply with Federal Funding Accountability and Transparency Act (“FFAT””) requirements established by the Office of Management and Budget (“OMB”) concerning the Dun and Bradstreet Data Universal Numbering System (“DUNS”), the Central Contractor Registration (“CCR”) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed.

Reg.55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Impl ementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170), including any subsequent amendments. Accounting and other audit-responsive information of Subrecipient may be required by Grantee to comply with its obligations outlined in this Agreement.

Accordingly, such documentation and information shall be made available to the Grantee for review upon request.

B. Documentation and Record Keeping.

1. Records to Be M aintained. The Subrecipient shall maintain all records required by the regulations specified in 24 C.F.R. § 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but shall not be limited to:

a. records providing a full description of each activity undertaken;

b. records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

c. records required to determine the eligibility of activities;

d. records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with CDBG assistance;

e. records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

f. financial records as required by 24 C.F.R. § 570.502; and

g. other records necessary to document compliance with Subpart K of 24 C.F.R. Part 570.

2. Retention. The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, Resolution No. 2026-83
Exhibit "B"

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65 Item7.

Subrecipient Agreement 9 CAO: 03/02/2024 claims, audits, negotiations, or other actions that involve any of the records cited and that have started before the expiration of the four -year period, then such records must be retained until completion of the actions and resolution of all issues, or the expir ation of the four-year period, whichever occurs later.

3. Client Data. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but shall not be limited to, client name, address, income level , or any other basis for determining eligibility, and description of service provided. Such information shall be made available to the Grantee monitors or their designees for review upon request.

4. Disclosure. The Subrecipient understands tha t client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities under this Agreement, may be prohibited by state and federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Close-outs. The Subrecipient’s obligation to the Grantee shall not end until all close -out requirements are completed. Close-out requirements shall include, but are not limited to:
making final payments ; disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, Program Income balances, an d accounts receivable to the Grantee); and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income.

6. Audits & Inspections . All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States , or any of their authorized represen tatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days aft er receipt by the Subrecipient. Failure of the Subrecipient to comply with the audit requirements within this Agreement shall constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and 2 C.F.R. Part 200, Subpart F.

7. Additional Documentation . The Subrecipient shall provide further documentation as the Grantee may request in relation to the requirements of this Agreement.

C. Reporting and Payment Procedures.

1. Program Income . The Subrecipient shall report quarterly all Program Income . The Subrecipient may use such Program I ncome during the term of the Agreement for the Activities and shall reduce requests for additional funds by the amount of any such Program Income balance on hand. All unexpended Program Income shall be returned to the Grantee at the end of the term of the Agreement, or as otherwise provided herein if the Agreement is terminated early. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not Program Income and shall be remitted promptly to the Grantee. The use of Program Income by the Subr ecipient shall comply with the requirements set forth in 24 C.F.R. § 570.504.

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Subrecipient Agreement 10 CAO: 03/02/2024

2. Indirect Costs. If indirect costs are charged, the Subrecipient shall develop an indirect cost allocation plan for determining the Subrecipient’s appropriate share of admin istrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee.

4. Payment Procedures. The Grantee shall pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrec ipient and consistent with the approved Budget and Grantee policy concerning payments. With the exception of certain advances, payments shall only be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requireme nts. Payments shall be adjusted by the Grantee in accordance with advance fund and Program Income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this Agreement for costs incurre d by the Grantee on behalf of the Subrecipient.

4. Progress Reports. The Subrecipient shall submit regular progress reports to the Grantee in the form, content, and frequency required by the Grantee.

D. Procurement.

1. Compliance. The Subrecipient sha ll comply with current Grantee policy concerning the purchase of equipment, including but not limited to any such policies articulated in Chapter 10 of the Escondido Municipal Code , and shall maintain inventory records of all non - expendable personal proper ty as defined by such policy as may be procured with funds provided under this Agreement . All program assets ( e.g., unexpended Program Income, property, equipment) shall revert to the Grantee upon termination of this Agreement.

2. Standards. Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 C.F.R. §§ 200.318-326.

3. Travel. The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement.

E. Use and Reversion of Assets.

1. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 C.F.R. §§ 570.502-504, as applicable.

2. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.

3. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement , or such longer period of time as the Grantee approves in writing . If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amo unt equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute Program Income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five -year period, or such longer period of time as the Grantee approves in writing.

Resolution No. 2026-83
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Subrecipient Agreement 11 CAO: 03/02/2024

4. In all cases in which equipment acquired, in whole or in p art, with funds under this Agreement is sold, the proceeds shall be Program Income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee , an amount equal to the current fair market value of the equipment less the percentage of non -CDBG funds used to acquire the equipment.

X. RELOCATION, REAL PROPERTY ACQUISITION, AND ONE -FOR-ONE HOUSING

REPLACEMENT

A. The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and its implementing regulation s at 49 C.F.R. Part 24 and 24 C.F.R. § 570.606(b); (b) the requirements of 24 C.F.R. § 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 C.F.R. § 570.606(d) governing optional relocation policies.

B. The Subrecipient shall provide relocation assistance to displaced persons, as defined in 24 C.F.R. § 570.606(b)(2), whom are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with any applicable Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences.

XI. PERSONNEL & PARTICIPANT CONDITIONS

A. Civil Rights.

1. Compliance. The Subrecipient agrees to comply with local and state civil rights laws and regulations, including but not limited to the Unruh Civil Rights Act, California Civil Code § 51, and the Fair Employment and Housing Act, California Government C ode section 12900 et seq. The Subrecipient also agrees to comply with Title VI of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Section 104(b) and Section 109 of Title I of the Housing and Community Deve lopment Act of 1974, as amended (“HCDA”); Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; Executive Order 11063 , as amended ; and of the rules, regulations, and relevant orders of the United States Secretary of Labor.

2. Nondiscrimination. The Subrecipient agrees to comply with the non -discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 C.F.R. § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.

B. Policy Requirements. If applicable:

1. The Subrecipient shall not use grant funds to promote “gender ideology,” as defined in Executive Order (E. O.) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government;

2. The Subrecipient shall not use any grant funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment, and notwithstanding anything in the NOFO or Application, this Grant shall not be governed by Executive Orders revoked by Resolution No. 2026-83
Exhibit "B"

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Subrecipient Agreement 12 CAO: 03/02/2024 E.O. 14154, including E.O. 14008, or NOFO requirements implementing Executive Orders that have been revoked.

3. Subrecipient understands and acknowledges that Grantee must administer grant funds in accordance with all applicable immigration restrictions and requirements, including the eligibility and verification requirements that apply under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8 U.S.C. 1601 -1646) (PRWORA) and any applicable requirements that HUD, the Attorney General, or the US.

Citizenship and Immigration Services may establish from time to time to comply wi th PRWORA, Executive Order 14218, or other Executive Orders or immigration laws.

4. Funds granted to Subrecipient under this Agreement may not be used in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or shields illegal aliens from deportation, including by maintaining policies or practices that materially impede enforcement of federal immigration statutes and regulations.

5. Subrecipient understands and acknowledges that Grantee must use SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States. Accordingly, Subrecipient agrees to comply with all requests for documents and information that may be required for said compliance.

C. Land Covenants. This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and 24 C.F.R. §§ 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, the Subrecipient shall cause or require a covenant running with the land to be inserted within the d eed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.

D. Section 504. The Subrecipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), which prohibits discrimination against the individuals with disabiliti es or handicaps in any federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.

E. Executive Order 14173 of January 21, 2025, as amended.

1. The Subrecipient agrees that its compliance in all respects, with all applicable Federal anti - discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and

2. By executing this Agreement, the Subrecipient certifies that it does not operate any programs promoting “diversity, equity, and inclusion” (DEI) that violate any applicable Federal anti-discrimination laws.

Resolution No. 2026-83
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Subrecipient Agreement 13 CAO: 03/02/2024 F. Employment Restrictions.

1. Prohibited Act ivity. The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities.

2. Labor Standards.

a. The Subrecipient shall comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act, as amended; the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. § 327 et seq.); and all other applicable federal, state, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient shall comply with the Copeland Anti -Kick Back Act (18 U.S.C. § 874 et seq.) and its implementin g regulations of the U.S. Department of Labor at 29 C.F.R. Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.

b. The Subrecipient, except with respect to the rehabilitation or construction of residential property containing fewer than eight (8) units, all contractors engaged under contracts in excess of $2,000 for construction, renovation, or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 C.F.R. Parts 1, 3, 5, and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunde r is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.

c. Workers’ Compensation and Safety. The Subrecipient shall comply with all federal and state workers’ compensation and safety laws , including but not limited to the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto, and all similar and applicable state or federal acts or laws.

3. “Section 3” Clause.

a. Compliance.

(i.) Where the Subrecipient receives CDBG funds for work arising in connection with housing rehabilitation, housing constructio n, or other public improvements, compliance with the provisions of Section 3 of the HUD Act of 1968 , 12 U.S.C. § 1701u, as amended (“Section 3”), and as implemented by the regulations set forth in 24 C.F.R. Part 75, and all applicable rules and orders issu ed hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the Grantee, the Subrecipient, and any of the Subrecipient’s subrecipients and subcontractors.

Failure to fulfill these requirements shall subject the Grantee, the Subrecipient, and any of the Subrecipient’s subrecipients and subcontractors, and their successors and assigns, to those sanctions specified by the agreement through which federal Resolution No. 2026-83
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Subrecipient Agreement 14 CAO: 03/02/2024 assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.

(ii.) The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low - and very low - income persons, particularly persons who are recipients of HUD assistance for housing.

(iii.) The Subrecipient shall comply w ith the “Section 3” requirements referenced in this Agreement and shall include the following language in all subcontracts executed under this Agreement:

“The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training an d employment be given to low- and very-low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very -low-income persons residing in the metropolitan area in which the project is located.”

(iv.) The Subrecipient shall ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very-low-income persons residing within the metropolitan area in which the CDBG -funded project is located; where feasible, shall give priority to low- and very -low-income persons within the service area of the project or the neighborhood in which the project is located, and to low - and very -low-income participants in other HUD programs; and shall award contracts for work undertaken in connection with a housing rehabilitation ( including reduc tion and ab atement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low - and very -low- income persons residing within the metropolitan area in whi ch the CDBG -funded project is located; where feasible, shall give priority to business concerns that provide economic opportunities to low- and very-low-income residents and very-low- income participants in other HUDG programs.

(v.) The Subrecipient certifies a nd agrees that any vacant employment positions, including training positions, that are filled (1) after the Subrecipient is selected but before this Agreement is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 75 r equire employment opportunities to be directed, were not filled to circumvent the Subrecipient’s obligations under 24 C.F.R.

Part 75.

(vi.) The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.

b. Notifications. The Subrecipient shall send to each labor organization or repre sentative of workers with whom the Subrecipient has a collective bargaining agreement or other contract or understanding, if any, a notice advising suc h labor organization or worker’s Resolution No. 2026-83
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Subrecipient Agreement 15 CAO: 03/02/2024 representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

c. Subcontracts. The Subrecipient shal l include this Section 3 clause in every sub contract and shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient shall not subcontract wi th any entity where the Subrecipient has notice or knowledge that the entity has been found in violation of regulations under 24 C.F.R. Part 75 and shall not let any subcontract unless the entity has first provided the Subrecipient with a preliminary state ment of ability to comply with the requirements of these regulations.

G. Conduct.

1. Assignability. The Subrecipient shall not assign or transfer any interest in this Agreement without the Grantee’s prior written consent; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee.

2. Subcontracts.

a. Approvals. The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the Grantee’s prior written consent.

b. Monitoring. The Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow -up actions taken to correct areas of noncompliance.

c. Content. The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.

d. Selection Process. The Subrecipient shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with any documentation concerning the selection process.

3. Hatch Act. The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

4. Conflict of Interest. The Subrecipient shall abide by the provisions of 24 C.F.R. § 570.611, which include (but are not limited to) the following:

a. The Subrecipient shall maintain a written code or standards of conduct t hat shall govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by federal funds.

Resolution No. 2026-83
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Subrecipient Agreement 16 CAO: 03/02/2024 b. No employee, officer, or agent of the Subrecipient shall participate in the selection, award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved.

c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG -assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CD BG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.

5. Lobbying. The Subrecipient hereby certifies that:

a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement;

b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and

c. The Subrecipient will require that the certification language expressed in subparagraph (d) be included in the award documents for all subawards at all tiers (including subcontracts, subgrant s, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly:

d. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

6. Copyright. If this Agreement results in the creation or production of any copyrightable work, material, or invention, the Grantee and grantor agency reserves the right to a royalt y-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, such work, material, or invention for governmental purposes.

7. Religious Activities . The Subrecipient agrees that funds provided under t his Agreement shall not be utilized for inherently religious activities prohibited by 24 C.F.R. § 570.200(j), such as worship, religious instruction, or proselytization.

Resolution No. 2026-83
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Subrecipient Agreement 17 CAO: 03/02/2024 XII. ENVIRONMENTAL CONDITIONS

A. Air and Water . The Subrecipient agrees to comply wi th the following requirements insofar as they apply to the performance of this Agreement:

1. Clean Air Act, 42 U.S.C. § 7401 et seq., as amended, and all regulations and guidelines issued thereunder;

2. Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as amended, and all regulations and guidelines issued thereunder, including but not limited to the requirements within 33 U.S.C. § 1318 relating to inspection, monitoring, e ntry, reports, and information; and

3. Environmental Protection Agency (EPA) re gulations pursuant to 40 C.F.R. Part 50, as amended.

B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), the Subrecipient shall ensure that for activities located in an area iden tified by the Federal Emergency Management Act (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

C. Lead-Based Paint. The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 C.F.R. § 570.608 , and 24 C.F.R. Part 35, Subpart B. Such regulations pertain to all CDBG -assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead - based paint poisoning and the advisability and availability of blood lead level scre ening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property , paint testing, risk assessment, treatment, and/or abatement may be conducted.

D. Historic Preservation . The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, 16 U.S.C. § 470, as amended, and the procedures set forth in 36 C.F.R. Part 800, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of hi storic properties that are 50 years old or older, or that are included on a federal, state, or local historic property list.

XIII. BUILD AMERICA, BUY AMERICA

A. If the Project receives more than $250,000 of federal financial assistance, Subrecipient shall, to the greatest extent practicable, cause all designers, construction managers, third-party inspection services, and contractors to comply with the Build America, Buy America Act ("BABAA") requirements under Title IX of the Infrastructure Investment and J obs Act ("IIJA"), Public Law 177 -58. Absent a waiver, all iron, steel, manufactured products, and construction materials used on the Project must be produced in the United States, as further outlined by the Office of Management and Budget's Memorandum M -22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Resolution No. 2026-83
Exhibit "B"

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Subrecipient Agreement 18 CAO: 03/02/2024 Infrastructure, April 18, 2022.

1. If the Project receives more than $250,000 of federal financial assistance, the description of services for designers, construction managers, and third -party inspection services shall include the following provisions (or similar):
i. Opinions of total project costs and revisions thereof should reflect compliance with BABAA requirements.
ii. Determine and certify that to the best of Contractor’s knowledge and belief, all iron and steel products, manufactured products, and construction materials referenced in any technical analysis/report; the plans, specifications, and bidding documents; any bid addenda; and change orders comply with all federal requirements, including BABAA.
iii. Review and approve or take action with respect to confirmation of BABAA compliance, shop drawings, samples, and other required Contractor submittals, including applications for payment.
iv. Review and document delivered products and materials including substitutes and “or equals” for conformity with contract conditions, U.S. Department of Housing and Urban Development regulations, and BABAA requirements. v. Obtain, review and confirm manufacturers’ an d contractors’ certifications on compliance with BABAA requirements and maintain copies of certifications in project files. Any issues of concerns related to compliance with BABAA should be immediately brought to the attention of the City.

XIV. MISCELLANEOUS

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

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

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

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

Resolution No. 2026-83
Exhibit "B"

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Subrecipient Agreement 19 CAO: 03/02/2024 E. Attorney’s Fees and Costs . In any action to enforce the terms and condi tions of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs.

F. Multiple Copies of Agreements/Counterparts . This Agreement may be executed on separate counterparts, each of which shall be an original and all of wh ich taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. An electronic signature shall be acceptable and deemed to have the same legal effect as a handwritten signature.

G. Provisions Cumulative. The provisions in this Agreement are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the Grantee.

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

I. Compliance with Laws, Permits, and Lice nses. The Subrecipient shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement, including but no t limited to any such laws, statutes, codes, ordinances, regulations, and other legal requirements expressly referenced in this Agreement. The Subrecipient shall obtain any and all permits, licenses, and other authorizations necessary to perform the Activities. Neither the Grantee, nor any elected or appointed boards, officers, officials, employees, or agents of the Grantee, shall be liable, at law or in equity, as a result of any failure of the Subrecipient to comply with this paragraph.

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

IN WITNESS WHEREOF, th is Agreement is executed by the Parties or their dul y authorized representatives as of the Effective Date.

CITY OF ESCONDIDO

Date: __________________ ___________________________________ [____________]
Director of Community Development

[SUBRECIPIENT COMPANY NAME]

Date: __________________ ___________________________________ Signature

___________________________________
Name & Title (please print)

Resolution No. 2026-83
Exhibit "B"

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Subrecipient Agreement 20 CAO: 03/02/2024 APPROVED AS TO FORM:

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

By:________________________________

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

Resolution No. 2026-83
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Subrecipient Agreement 21 CAO: 03/02/2024

EXHIBIT A

Scope of Activities

Resolution No. 2026-83
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Subrecipient Agreement 22 CAO: 03/02/2024

EXHIBIT B

Budget

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STAFF REPORT

May 20, 2026
File Number 0800-40

SUBJECT
CONTINUED PUBLIC HEARING FOR PL26-0088: REQUEST FOR REVOCATION OF CONDITION OF APPROVAL SPECIFIED IN EXHIBIT “E” OF RESOLUTION NO. 2024-183R PERTAINING TO CONDITIONAL USE PERMIT PH19-0049

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2026 -64 to affirm or modify its decision in response to the request by Morrie Golcheh to waive the requirement for the payment of $560,000 of the cost of a new traffic signal at the intersection of Rock Springs Road and Lincoln Avenue as specified in Street Improvements and Traffic Condition of Approval No. 5 in Exhibit “E” of Resolution N o. 2024 -183R adopted by the City Council on December 4, 2024 pertaining to Conditional Use Permit (PHG -19-0049) subject to one or more condition (s).

Staff Recommendation: Provide Direction (Development Services Department: Kevin Snyder, Director of Development Services
Presenter: Kevin Snyder, Director of Development Services ESSENTIAL SERVICE – Yes, Land Use/Development; Public Works/Infrastructure COUNCIL PRIORITY – Be Business Friendly; Build Trust and Accountability; Drive Community and Land Development

FISCAL ANALYSIS
The City Council has different options to consider when evaluating and deciding upon Mr. Golcheh’s request. The City Council could decide to retain its December 2024 decision that capped Mr. Golcheh’s contribution to a new signal at Rock Springs Road and Lincoln Avenue to $560,000. This decision would require the City to contribute approximately $300,000 toward the construction cost of the new signal.

Alternately, the City Council could decide to revok e Street Improvements and Traffic Condition of Approval No. 5 in Exhibit "E" of Resolution No. 2024 -183R adopted by the City Council on December 4, 2024 requiring the Applicant to pay $560,000 of the construction cost of a new traffic signal specified in at the intersection of Rock Springs Road and Lincoln Avenue and accept Mr. Golcheh’s cash offer of $50,000 plus the complete and full assignment of the approved traffic signal plans that has an approximate value of $50,000 that would constitute a fair share contribution in today’s dollars based on 80 Item8.

project traffic impacts to the Rock Springs Road and Lincoln Avenue intersection. This alternative would create a total obligation for Mr. Golcheh of $100,000 and would require a City contribution of approximately $760,000 toward the construction of the new signal. The City Council could decide to require Mr. Golcheh to contribute the aforementioned fair share contribution of $100,000 and reinstate the requirement for improvements to the project site’s Mission Avenu e frontage and also require a fair share contribution towards the cost of a protected left turn lane at the Rock Springs Road and Mission Avenue intersection. The cost of the Mission Avenue frontage improvements is currently estimated to be approximately $500,000 and the fair share contribution to the City cost of constructing a protected left turn lane is estimated to be $150,000. For this option, Mr. Golcheh’s total obligation would be $750,000 and the City’s obligation would be approximately $1,210,000.

PREVIOUS ACTION
On January 13, 2021, the City Council adopted a General Plan Amendment, Zone Map Amendment, and Conditional Use Permit (PHG19-0049) for development of a gasoline service station and convenience store with concurrent sale of alcoholic beverages (beer and wine) (“Approved Project”) on the Project site. The Approved Project also included the adoption of a Mitigated Negative Declaration (“MND”) (ENV19-0006) and the Mitigation Monitoring and Reporting Program (“MMRP”). The MND contained mitigation measures adopted for the Approved Project, to reduce potential impacts on cultural/tribal cultural resources, geology, noise, and traffic.

On November 12, 2024, the Planning Commission held a duly noticed public hearing for the Project. During the November 12, 2024 meeting, the Planning Commission raised a number of concerns regarding safety, fair share requirements, adherence to the General Plan, and environmental metrics for analysis of the Project. In summary, the Planning Commission concluded the Project is not consistent with the General Plan’s Quality-of-Life LOS thresholds and did not warrant waiving of Engineering’s traffic signal condition as proposed by the Applicant.

Ultimately, the Planning Commission voted 5 – 0 (two excused absences) to adopt Resolution No. 2024 - 21, recommending denial to the City Council of the Project as proposed, and adoption of the Addendum to the Mitigated Negative Declaration and approval of Alternative Option (Recommended Alternative).

On December 4, 2024, the City Council held a duly noticed public hearing to consider the Planning Commission’s recommendation. As part of its deliberation, the City Council considered three (3) different alternatives, including a fair share alternative. Following the conclusion of its deliberation, the City Council adopted Resolution No. 2024 -183R establishing a condition of approval requiring the Applicant to pay $560,000 for the construction of a new traffic signal at the intersection of Rock Springs Road and Lincoln Avenue.

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BACKGROUND

Morrie Golcheh, (“Applicant”), submitted a written request to the City Clerk on February 4, 2026 for revocation of a conditional use permit condition of approval requiring the payment of $560,000 of the construction cost of a new traffic signal specified in Street Improvements and Traffic Condition of Approval No. 5 in Exhibit "E" of Resolution No. 2024 -183R (Attachment “1”) adopted by the City Council on December 4, 2024 , at the intersection of Rock Springs Road and Lincoln Avenue for a previously approved commercial project (PHG19-0049) for a 1.14-acre site composed of two parcels (Assessor’s Parcel Numbers: 228-220-43-00; 228-220-13-00) located at the northwest corner of West Mission Avenue and Rock Springs Road and further addressed as 900 West Mission Avenue, Escondido, California, 92025. During the City Council’s December 2024 public hearing, staff presented several decision-making alternatives including but not limited to denial of the Applicant’s request that would result in no change to the original conditions of approval, a fair share payment by the Applicant based on a fair share analysis conducted by a consultant retained by the City and waiving of site frontage improvements on Mission Avenue in exchange for retaining the requirement for the installation of the new signal at Rock Springs and Lincoln Avenue. Following deliberation by the City Council at the December 4, 2024 public hearing, the Council decided to waive the frontage improvement requirements as well as improvements to the Rock Spr ings Road and Mission Avenue signal and require a maximum contribution by the Applicant of $560,000 to the construction of a new signal at Rock Springs Road and Lincoln Avenue. of the City Council of and upon receipt of the Applicant’s request, Engineerin g Services of the Development Services Department, evaluated the aforementioned request and determined that the requirement for the payment of $560,000 of a new traffic signal at the intersection of Rock Springs Road and Lincoln Avenue was not proportionat e to the level of project related traffic impacting this intersection.

Following the submittal of the Applicant’s current request for the waiver of the $560,000 payment, the Development Services Director requested Engineering Services review the request and specifically address what the fair share impacts of the project to the Rock Springs and Lincoln Avenue intersection.

Based on the fair share analysis conducted in 2024 and still relevant and applicable today, Engineering Services determined that the Ap plicant’s project would generate between eleven (11) percent and fourteen (14) percent of the traffic affecting this intersection utilizing two different methodologies.

The Development Services Director subsequently identified that twelve and one-half (12.5) percent should be applied for the fair share impact of the traffic affecting this intersection in recognition of the previously identified two percentage methodologies.

Based on the preceding information, the Development Services Director subsequently initiated a city- sponsored consideration of the aforementioned request based on the preceding facts for the consideration of the Applicant’s request for revocation of the street Improvements and Traffic 82 Item8.

Condition of Approval No. 5 specified in Exhibit "E" of Resolution No. 2024 -183R (Attachment “1”) adopted by the City Council on December 4, 2024. Followi ng consultation with the City Attorney’s Office, the Development Services Di rector identified that a public hearing was required for t he requested reconsideration and further determined that because the Applicant’s request for reconsideration was directly related to previous action taken by the City Council, the request did not need to be heard by the Planning Commission in advance of the City Council’s consideration.

At the April 8, 2026, public hearing, the Development Services Director provided background on the project and the prior City Council decision -making. The Director also recommended Council consideration of Resolution No. 2026 -64 that applied a fair share approach to the Applic ant’s requirement to contribute to the traffic signal at Rock Springs Road and Lincoln Avenue. During the City Council deliberation, staff was asked to provide additional information on potential costs to the city if the Applicant was not required to contribute the currently conditioned $560,000 and a motion was made and approved to continue the public hearing to a date and time uncertain. Required public noticing of the May 20, 2026 continued public hearing was conducted.

RESOLUTIONS
a. Resolution No. 2026-64

ATTACHMENTS
a. Attachment “1”—Resolution No. 2024-183R

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RESOLUTION NO. 2024-183R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, RECOMMENDING DENIAL
OF THE APPLICANT’S PROPOSAL FOR A MODIFICATION

TO A CONDITIONAL USE PERMIT AND ADOPTION OF AN

ADDENDUM AND APPROVAL OF ALTERNATIVE OPTION
(RECOMMENDED ALTERNATIVE)

APPLICANT: Ilan Golcheh

CASE NO(s): PL24-0183

WHEREAS, Ilan Golcheh (“Applicant”), filed a la nd use development application, Planning Case No. PL24-0183 (“Application”) consti tuting a request to modify a prev iously approved Conditional Use Permit (PHG19-0049) (“Approved Project”). The mo dification proposes remo val of the Engineering Division’s Condition of Approval No. 5 of Resoluti on No. 2021-05 and Mitigati on Measure Condition of Approval TRA-1 of Resolution No. 2021-05 both requiring the construction of a traffic signal at the Rock Springs Road and W. Lincoln Avenue intersection (“Project”). The project site is located on a 1.14-acre site (APNs 228-220-13-00 and 228-220-43-00), within the Ge neral Plan Land Use designation of General Commercial (GC), and a zoning designation of General Commercial (CG).

WHEREAS, City staff identified an alternative to the Applicant’s request to modify the Conditional Use Permit entailing removal of Engineering Condition of Approval Nos. 2, 3, 6, and 15, and Fee Condition of Approval No. 2, all of Approved Project Resolution No. 2021-05; and WHEREAS, the Applicant submitted an Addendum to the previously adopted Mitigated Negative Declaration to clarify the environmental record re lated to mitigation measures associated with the Approved Project’s Traffic Impacts; and
WHEREAS, the Application was submitted to, and processed by, the Planning Division of the Development Services Department in accordance with the rules and regulations of the Escondido Zoning

Attachment "1"
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Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et seq.) and the California Environmental Quality Ac t (Public Resources Code section 21000 et seq.) (“CEQA”); and
WHEREAS, the subject property is all that real property described in Exhibit "A" which is attached hereto and made a part hereof by this reference as though fully set forth herein (“Property”); and WHEREAS, the Application was submitted to, and processed by, the Planning Division of the Development Services Department in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et seq.) and the California Enviro nmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”); and
WHEREAS, on December 08, 2020, the Planning Commission adopted Resolution No. 2020-19 recommending that the City Council approve a Gene ral Plan Amendment, Zone Map Amendment, and Conditional Use Permit for construction of a 4,284 sq uare-foot gas station with the concurrent sale of alcoholic beverages; and
WHEREAS, on January 13, 2021, the City Council adopted Resolutions No. 2021-04 and 2021-05, and Ordinance No. 2021-01, appr oving the General Plan Amendme nt, Zone Map Amendment, and Conditional Use Permits for the Approved Project; and,
WHEREAS, the City Council action adopted a Mitigated Negative Declaration (MND), and associated Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, pursuant to Condition of Approval (Conformance to Approved Plans) of Resolution No. 2021-05, modifications to the Approved Project may require submittal of an amendment to the Permit and approval by the authorized agency; and,

Attachment "1"
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WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of California Code of Regulations, Section 15000 et. seq.), the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and
WHEREAS, in accordance with Section 15164 (Addendum to an EIR or Negative Declaration) an Addendum was prepared for the Project and is incorp orated fully herein as Exhibit “C” to clarify the removal of mitigation measures related to traffic impacts; and, WHEREAS, a revised Mitigation Monitoring a nd Reporting Program (MMRP) was prepared and incorporated fully herein as Exhibit “D;” and
WHEREAS, on November 12, 2024, the Planning Co mmission held a duly noticed public hearing and voted 5-0 to adopt Resolution No. 2024-21 recommending that the City Council deny the Applicant’s Project and adopt the Addendum to the Mitigate Negative Declaration and an alternative option referred to as Alterative Option (Recommended Alternative); and, WHEREAS, the Planning Division studied the Application, performed necessary investigations, prepared a written report, and hereby recommends denial of the Project and instead recommends approval of Alternative Option (R ecommended Alternative) as conditioned and detailed in Exhibit “E,” which is attached hereto and made a part hereof by this reference as though fully set forth herein; and WHEREAS, City staff provided public notice of the application in accordance with City and State public noticing requirements; and,
WHEREAS, as discussed in the City Council sta ff report dated December 4, 2024 and the Planning Commission staff report dated November 12, 2024 the Project is inconsistent with the City’s 2012 General Plan; and,

Attachment "1"
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WHEREAS, as discussed in the City Council st aff report dated December 4, 2024, the Planning Commission staff report dated November 12, 2024, a nd Exhibit “B” of this resolution, the Alternative Option (Recommended Alternative) is consistent with the City’s 2012 General Plan; and, WHEREAS, upon further deliberation by City Council on December 4, 2024 the Project’s alternative option was modified to limit the applic ant’s financial contribution to pay no more than $560,000 toward the construction cost of installing the tr affic signal at the intersection of Rock Springs Road and Lincoln Avenue; and
WHEREAS, on December 4, 2024 th e City Council held a duly noticed public hearing as prescribed by law, at which time the City Council received and considered the reports and recommendation of the Planning Division and gave all persons full opportunity to be heard and to present evidence and testimony regarding the Project. Evidence was submitted to and considered by the City Council, including, without limitation:
a. Written information including plans, studies, written and graphical information, and other material, submitted by the Applicant;
b. Oral testimony from City staff, interested parties, and the public; c. The City Council staff report, dated December 04, 2024, with its attachments as well as City staff’s and the Planning Commission’s recommendation on the Project, which is incorporated herein as though fully set forth herein; and
d. Additional information submitted during the public hearing; and WHEREAS, the public hearing before the City Council was conducted in all respects as required by the Escondido Municipal Code and the rules of the City Council.

Attachment "1"
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WHEREAS, the City Clerk, whose office is loca ted at 201 North Broadway, Escondido, CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings up on which the City Council’s decision is based, which documents and material shall be available for public inspection and copying in accord ance with the provisions of the California Public Records Act.

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

1. That the above recitations are true.

2. That the City Council in its independent judgement have reviewed and determined an Addendum to the adopted Mitigated Negative Declaration prepared in compliance with all the requirements contained in the California Environmental Quality Act (CEQA) Guidelines and Article 47 (Environmental Quality),
the staff report dated December 4, 2024, and testimony given at the public hearing, and makes the environmental determinations including with Finding of Fact attached as Exhibit “B” hereto and incorporated by this reference. Further, none of the conditions described in Section 15162 calling for preparation of a subsequent negative declaration have occurred.

3. That the City Council in its independent judgement has determined that this action denying the Project and approving Alternative Option (Reco mmended Alternative) is reliant upon the adopted Mitigated Negative Declaration for the Approved Project.

4. The City Council, therefore, directs that a Notice of Determination be filed with the County Clerk of the County of San Diego in accordance with the CEQA Guidelines.

5. After consideration of all evidence presented, and studies and investigations made by the City Council and on its behalf, the City Counc il makes the following substantive findings and

Attachment "1"
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determinations, attached hereto as Exhibit “B,” relati ng to the information that has been considered. In accordance with the Findings of Fact and the foregoing, the City Council reached a decision on the matter as hereinafter set forth. The City Council expressly declares that it would not have made this decision except upon and subject to each and all of said cond itions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the uses permitted hereby.

6. The development plans for the Approved Project are on file in the Planning Division of the Development Services Department and are available fo r inspection by anyone interested herein, and the development plans are incorporated herein by this refe rence as if they were fully set forth herein. The Project is hereby denied and the Alternative Option (Recommended Alternative) is approved as set forth within the Staff Report dated December 4, 2024. Any deviations from the approved development plans shall be reviewed by the City for substantial comp liance and may require amendment by the appropriate hearing body.

BE IT FURTHER RESOLVED that, pursuant to Government Code Section 66020(d)(1):

1. NOTICE IS HEREBY GIVEN that the Approv ed Project is subject to dedications, reservations, and exactions, as specified in the Conditions of Approval. The Ap proved Project is subject to certain fees described in the City of Escondi do’s Development Fee Inventory on file in the Development Services Departments. The Applicant shall be required to pay all development fees of the City then in effect at the time and in such amounts as may prevail when building permits are issued. It is the City’s intent that the costs representing future development’s share of public facilities and capital improvements be imposed to ensure that new deve lopment pays the capital costs associated with growth. The Applicant is advised to review the Planned Fee Updates portion of the web page,

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www.escondido.gov, and regularly monitor and/or review fee- related information to plan for the costs associated with undertaking the Project.

2. NOTICE IS FURTHER GIVEN that the 90-day period during which to protest the imposition of any fee, dedication, reservation, or other exaction described in this Resolution begins on the effective date of this Resolution, and any such protest must be in a manner that complies with Government Code section 66020.

Attachment "1"
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PASSED, ADOPTED AND APPROVED by the City C ouncil of the City of Escondido at a regular meeting thereof the 4
th day of DECEMBER, 2024 by the following vote to wit:

AYE : Councilmembers: J. GARCIA, MARTINEZ, MORASCO, WHITE

NOES : Councilmembers: C. GARCIA

ABSENT : Councilmembers: NONE

APPROVED:

DANE WHITE, Mayor of the
City of Escondido, California

ATTEST:

ZACK BECK, City Clerk of the
City of Escondido, California

RESOLUTION NO. 2024-183R

Attachment "1"
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Resolution No. 2024-183R
Exhibit “A”

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Exhibit “A”
Legal Description
Project No(s).: PL24-0183

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ESCONDIDO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1: APN: 228-220-43

THAT PORTION OF THE SOUTHERLY HALF OF LOT 2 IN BLOCK 158 OF RANCHO RINCON DEL

DIABLO, IN THE CITY OF ESCONDIDO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THERE OF NO. 724, MADE BY J. M. GRAHAM, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SANDIEGO COUNTY, AUGUST 13, 1892, LYING SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE EASTERLY LINE OF SAID LOT 2, DISTANT 330 FEET FROM THE MOST NORTHERLY CORNER THEREOF, TO A POINT ON THE WESTERLY LINE OF SAID LOT 2, DISTANT 330.25 FEET SOUTHERLY FROM THE MOST WESTERLY CORNER THEREOF AND LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 449.5 FEET - MEASURED BETWEEN PARALLEL LINES - OF SAID LOT 2. EXCEPTING THEREFROM THE NORTHWESTERLY 150 FEET THEREOF. ALSO EXCEPTING THERE FROM THE SOUTHEASTERLY 9 FEET THEREOF. ALSO EXCEPTING THEREFROM THE NORTHEASTERLY 9 FEET THEREO.

ALSO EXCEPTING THERE FROM THE INTEREST CONVEYED TO THE CITY OF ESCONDIDO IN DEED RECORDED MARCH 25, 1974, AS FILE NO. 74-073291 OF OFFICIAL RECORDS, IN AND TO THAT PORTION DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2, BEING ALSO A POINT IN THE CENTER LINEOF THAT CERTAIN 66 FOOT STREET KNOWN AS ROCK SPRINGS ROAD; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2 SOUTH 69° 45' 10" WEST 33.00 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 20° 14' 20" WEST PARALLEL WITH THE CENTER LINE OF SAID ROCK SPRINGSROAD 9.00 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 9.00 FEET OF SAID LOT 2 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 20° 14' 20" WEST 137.80 FEET TO THE MOST

NORTHERLY CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO ESCONDIDO IMPORTS, INC., A CALIFORNIA CORPORATION, BY DEED RECORDED MAY 17, 1971, AS FILE NO. 101247; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID ESCONDIDO IMPORTS, INC. LAND SOUTH 69° 44' 40" WEST 9.00 FEET; THENCE SOUTH 20° 14' 20" EAST PARALLEL WITH THE CENTER LINE OF SAID ROCK SPRINGS ROAD 117.81 FEET TO THE BEGINNING OF A TANGENT 20 FOOT RADIUS CURVE, CONCAVE WESTERLY, THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 59' 39" A DISTANCE OF 31.41 FEET TO A POINT OF TANGENCY WITH THENORTHWESTERLY LINE OF THE SOUTHEASTERLY 9.00 FEET OF SAID LOT 2; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 69° 45' 10" EAST 28.99 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 2: APN: 228-220-13

THE NORTHWESTERLY 150.00 FEET OF THAT PORTION OF THE SOUTHERLY HALF OF LOT 2 IN BLOCK 158 OF THE RANCHO RINCON DEL DIABLO, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 724, MADE BY J. M.

GRAHAM, AND FILED IN THE OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1892, LYING SOUTHERLY OF A LINE DRAWN. FROM A POINT ON THE EASTERLY LINE OF SAID LOT 2, DISTANT 330.00 FEET FROM THE MOST NORTHERLY CORNER THEREOF,

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Resolution No. 2024-183R
Exhibit “A”

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TO A POINT ON THE WESTERLY LINE OF SAID LOT 2, DISTANT 330.25 FEET FROM THE MOST WESTERLY CORNER THEREOF. EXCEPTING THERE FROM THE SOUTHWESTERLY 449.50 FEET BETWEEN PARALLEL LINES. ALSO EXCEPTING THEREFROM THE NORTHEASTERLY 9.00 FEET THEREOF.

Attachment "1"
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Resolution No. 2024-183R
Exhibit “B”

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EXHIBIT “B”

PRJOECT CASE NO. PL24-0183

FACTORS TO BE CONSIDERED / FINDINGS OF FACT
Environmental Determinations:

1. Pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et. seq.) (“CEQA”), and its implementing regulations (14 C.C.R. § 15000 et seq.) (“CEQA Guidelines”), the City of Escondido (“City”) is the Lead Agency for the project. The project entails the reevaluation of the CEQA metrics used in the original project’s adopted MND (ENV19-0006) (“Project”), as the public agency with the principal responsibility for approving the Project.

2. In order to evaluate the General Plan Amendment, Zone Map Amendment, and Conditional Use Permit (“Original Project”) under the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration (MND) (ENV 19-0006) was prepared and adopted by the Escondido City Council in January 2021.

3. CEQA Guidelines 15164 requires lead agencies to prepare an Addendum to a previously certified environmental document if some changes or additions to the project are necessary, but none of the conditions described in CEQA Section 15162 requiring preparation of a subsequent environmental document are present. The City Council has reviewed and considered the adopted MND and the attached Project Addendum, and finds that these documents taken together contain a complete and accurate reporting of all of the environmental impacts associated with the revised Original Project, described herein. The City Council further finds that the Addendum and administrative record have been completed in compliance with CEQA, and that the adopted MND, and this Project Addendum, reflect the City’s independent judgement.

4. Based on the substantial evidence set forth in the record, including but not limited to the 2021 adopted MND, and the attached Project Addendum, the City Council finds that, based on whole record before them, none of the conditions under CEQA Guidelines Section 15162 – 15163, requiring subsequent environmental review, have occurred because the revised project:

a. Will not result in substantial changes that would require major revisions of the 2021 MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

b. Will not result in substantial changes with respect to the circumstances under which the Project is developed that would require major revisions of the 2021 MND due to

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Resolution No. 2024-183R
Exhibit “B”

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the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects;

c. Does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the 2021 adopted MND was approved showing any of the following:

i. The Project will have one or more significant effects not discussed in the previous EIR or negative declaration;

ii. Significant effects previously examined will be substantially more severe than shown in the previous negative declaration;

iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

iv. Mitigation measures or alternative which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

5. Further, based on the substantial evidence set fort h in the record, including but not limited to 2021 adopted MND, the Addendum prepared for the Project, and the Planning Commission staff report dated November 12, 2024, the City Council finds that the applicable mitigation measures identified in the 2021 MND would ensure that any potential impacts would be reduced to less than significant levels. No new mitigation measures are required to mitigate environmental impacts associated with the Project. Therefore, the Addendum supports the City’s consideration of the Project, as outlined in CEQA Guidelines Section 15162 and 15164.

6. Pursuant to CEQA Guidelines Section 15164, subdivision (c), the Addendum is not required to be circulated for public review, but can be attached to the original 2021 adopted MND.

7. The recommended action also includes the adoption of the revised Mitigation Monitoring and Reporting Program (MMRP) attached hereto this Resolution.

8. Pursuant to Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines section 15091(e), all documents and other materials which constitute the record of proceedings are located at the City of Escondido, City Hall. The City Clerk, whose office is located at 201 North Broadway, Escondido CA 92025, is hereby designat ed as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council’s decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.

Attachment "1"
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Resolution No. 2024-183R
Exhibit “B”

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Conditional Use Permits (Section 33-1203 of Article 61 of the Escondido Zoning Code)

With respect to Planning Case No. PL24-0183, the City Council make the following findings:

1. A conditional use permit should be granted upon sound principles of land use and in response to services required by the community.

Project/Applicant’s Request: The modification request to remove the requirement to signalize the Lincoln Avenue and Rock Springs Road intersection does not meet sound principles of land use and is not in response to services required by the community in that removal of the Engineering Condition of Approval No. 5 of Resolution No. 2021-05 is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation -which states, “Where existing street or intersection capacities are below level of service “C” . . . improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

The Traffic Impact Analysis for the approved project conducted a Level of Service (LOS) analysis of the intersection at West Lincoln Avenue and Rock Springs Road. That intersection was found to operate at an LOS “F”. Thresholds in the General Plan based on LOS require an applicant be responsible for improving the functioning of the intersection to a LOS of “C” when such impacts are a result of their development proposal. The construction of the traffic signal as reflected in the original condition of approval would ensure compliance with the City’s 2012 General Plan.

Alternative Option 1 (Recommended Alternative): The modification to the existing Conditional Use Permit to remove the condition of approval associated with the requirement to signalize the intersection of West Lincoln Avenue and Rock Springs Road is retained in staff recommendation (Alternative Option 1 [Recommended Alternative]) bec ause removal of this requirement in full is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation which states, “Where existing street or intersection capacities are below level of service “C” . . . improvements shall be required or planned to improve the servic e level to “C” where ever feasible based upon impacts of future development.”

The Recommended Alternative is granted upon sound principles of land use and in response to services required by the community in that it would adjust the timeframe for frontage improvements at the Mission Avenue frontage of the Project site but not eliminate the ultimate future improvement altogether. Section 23-121 of Article 23-5 (Public Improvement Construction, Public Dedication and Mapped Streets) allows for the City Engineer to evaluate a request and determine whether public improvements and public dedication are necessary. Under the Recommended Alternative, the Applicant would still be required to dedicate their frontage as previously identified under the Conditional Use Permit (PHG19-0049) allowing for the waived frontage improvements to be made at a future time.

Attachment "1"
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Resolution No. 2024-183R
Exhibit “B”

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2. A conditional use permit should not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located.

Project/Applicant’s Request: The modification request to remove the requirement to signalize the Lincoln Avenue and Rock Springs Road would create special problems for the area in which it is located in that removal of the Engineering Condition of Approval No. 5 of Resolution No. 2021-05 is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation -which states, “Where existing street or intersection capacities are below level of service “C” . . . improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

Alternative Option 1 (Recommended Alternative): The modification to the existing Conditional Use Permit to remove the condition of approval associated with the requirement to signalize the intersection of West Lincoln Avenue and Rock Springs Road is retained in staff recommendation (Alternative Option 1 [Recommended Alternative]) because removal of this requirement in full is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation which states, “Where existing street or intersection capacities are below level of service “C” . . . improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

3. A conditional use permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is to be located.

Project/Applicant’s Request: The modification request to remove the requirement to signalize the Lincoln Avenue and Rock Springs Road intersection does not meet sound principles of land use

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and is not in response to services required by the community in that removal of the Engineering Condition of Approval No. 5 of Resolution No. 2021-05 is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation -which states, “Where existing street or intersection capacities are below level of service “C” . . . improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

Alternative Option 1 (Recommended Alternative): The modification to the existing Conditional Use Permit to remove the condition of approval associated with the requirement to signalize the intersection of West Lincoln Avenue and Rock Springs Road is retained in staff recommendation (Alternative Option 1 [Recommended Alternative]) be cause removal of this requirement in full is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation which states, “Where existing street or intersection capacities are below level of service “C” … improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

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ADDENDUM
to the
FINAL MITIGATED NEGATIVE DECLARATION FOR 7--ELEVEN

CONVENIENCE STORE AND SERVICE STATION

City File No. ENV19-0006
SCH#

Prepared for:

City of Escondido Planning Division
201 North Broadway
Escondido, CA 92025-2798
760.839.4671

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October 30, 2024

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Contents
INTRODUCTION ............................................................................................................................................. 1 PROJECT REVISION ......................................................................................................................................... 2 STATUTORY BACKGROUND ............................................................................................................................ 8 IMPACT ANALYSIS .......................................................................................................................................... 8 SUMMARY AND FINDINGS........................................................................................................................... 10

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INTRODUCTION
This addendum ƚŽƚŚĞĮŶĂůDŝƟŐĂƚĞĚEĞŐĂƟǀĞĞĐůĂƌĂƟŽŶ;DEͿĨŽƌƚŚĞϳ-Eleven Convenience Store and ^ĞƌǀŝĐĞ ^ƚĂƟŽŶ has been prepared in accordance with the ĂůŝĨŽƌŶŝĂ ŶǀŝƌŽŶŵĞŶƚĂůYƵĂůŝƚǇĐƚ;
YͿ
'ƵŝĚĞůŝŶĞƐ ^ĞĐƟŽŶ ϭϱϭϲϰ͘ /ƚ ƵƉĚĂƚĞƐ ƚŚĞ DE ƚŚĂƚ ǁĂƐ ƉƌĞƉĂƌĞĚ ĨŽƌ ƚŚĞ ŝƚǇ ŽĨ ƐĐŽŶĚŝĚŽ ;ŝƚǇͿ ĂŶĚ
adopted in December of 2020 as a result of a ƌĞƋƵĞƐƚƚŽŵŽĚŝĨǇĂƉƌĞǀŝŽƵƐůǇĂƉƉƌŽǀĞĚŽŶĚŝƟŽŶĂůhƐĞ WĞƌŵŝƚ;W,'ϭϵ-ϬϬϰϵͿĂƐǁĞůůĂƐŝƚƐĂƐƐŽĐŝĂƚĞĚ/ŶŝƟĂů^ƚƵĚǇĂŶĚĂĚŽƉƚĞĚDŝƟŐĂƚ ĞĚEĞŐĂƟǀĞĞĐůĂƌĂƟŽŶ ;
Esϭϵ-ϬϬϬϲͿ ƚŽ ƌĞŵŽǀĞ ƚǁŽ ŵŝƟŐĂƟŽŶ ŵĞĂƐƵƌĞƐ ďĂƐĞĚ ŽŶ Ă ƌeĞ ǀ Ă ů Ƶ Ă Ɵ Ž Ŷ Ž Ĩ ƚ Ś Ğ Đ ƌ ŝ ƚ Ğ ƌ ŝ Ă Ƶ Ɛ Ğ Ě ŝ Ŷ ƚ Ś Ğ ĂŶĂůǇƐŝƐ͘ dŚĞ ƉƌĞǀŝŽƵƐůǇ ĂƉƉƌŽǀĞĚ ŽŶĚŝƟŽŶĂů hƐĞ WĞƌŵŝƚ ;W,'ϭϵ-ϬϬϰϵͿ ĞŶƟƚůĞĚ ƚŚĞ project site for ĚĞǀĞůŽƉŵĞŶƚ ŽĨ Ă ŐĂƐŽůŝŶĞ ƐĞƌǀŝĐĞ ƐƚĂƟŽŶ ĂŶĚ ĐŽŶǀĞŶŝĞŶĐĞ ƐƚŽƌĞ ǁŝƚŚ ĐŽŶĐƵrrent sale of alcoholic ďĞǀĞƌĂŐĞƐ ;ďĞĞƌ ĂŶĚ ǁŝŶĞͿ͘The City of Escondido is the Lead Agency for this project pursuant to the ĂůŝĨŽƌŶŝĂ
ŶǀŝƌŽŶŵĞŶƚĂůYƵĂůŝƚǇĐƚ;
YͿĂŶĚŝƚƐŝŵƉůĞŵĞŶƟŶŐ ƌĞŐƵůĂƟŽŶƐ͘dŚĞ>ĞĂĚŐĞŶĐǇŚĂƐƚŚĞ principal responsibility for ĂƉƉƌŽǀŝŶŐĂŶĚŝŵƉůĞŵĞŶƟŶŐĂƉƌŽũĞĐƚƚŚĂƚŵĂǇŚĂǀĞĂƐŝŐŶŝĮĐĂŶƚĞīĞĐƚ on the environment.

WƌŽũĞĐƚĞƐĐƌŝƉƟŽŶ
The 1.14-acre site is located at the northwest corner of West Mission Avenue and Rock Springs Road. The site is addressed at 900 West Mission AvĞŶƵĞ͕
ƐĐŽŶĚŝĚŽ͕ϵϮϬϮϱ;ƐƐĞƐƐŽƌ͛ƐWĂƌĐĞůEƵŵďĞƌƐ͗ϮϮϴ-220- 43-00; 228-220-13-ϬϬͿ͘dŚĞƐŝƚĞǁĂƐŽƌŝŐŝŶĂůůǇĚĞǀĞůŽƉĞĚǁŝƚŚĂŶĂƵƚŽƐŚŽǁƌŽŽŵ͕ ďƵƚƐŝŶĐĞϮϬϭϵǁŚĞŶ ƚŚĞĞǆŝƐƟŶŐƐƚƌƵĐƚƵƌĞǁĂƐĚĞŵŽůŝƐŚĞĚ, the site is vacant and covered in asphalt. The site is designated as Light /ŶĚƵƐƚƌŝĂů;>/ͿƐŝŶĐĞƚŚĞĂĚŽƉƟŽŶŽĨƚŚĞ'ĞŶĞƌĂůWůĂŶhƉĚĂƚĞŝŶϮϬϭϮ͘ƵŝůĚŝŶŐĂŶĚŽĐĐƵƉĂŶĐǇƌĞĐŽƌĚƐ indicate a structure was originally built in 1973, with a plot plan describing the building as an auto showroom and garage. The last ďƵŝůĚŝŶŐƉĞƌŵŝƚŽŶĮůĞĨŽƌƚŚĞĂĚĚƌĞƐƐŝƐƚŚĞĚĞŵŽůŝƟŽŶŽĨƚŚĞ ĞǆŝƐƟŶŐ structure on site on September 14, 2023. The applicant ;ƉƉůŝĐĂŶƚͿ has maintained the validity of the ŽƌŝŐŝŶĂůĞŶƟƚůĞŵĞŶƚ;ZĞƐŽůƵƟŽŶϮϬϮϬ-ϭϵͿǁŝƚŚƚŚĞĂƉƉůŝĐĂƟŽŶĂŶĚĂƉƉƌŽǀĂůŽĨthe ƐƵďƐĞƋƵĞŶƚĞŶƟƚůĞŵĞŶƚ ;ZĞƐŽůƵƟŽŶϮϬϮϭ-ϬϱͿĂŶĚƚŚĞĂĨŽƌĞŵĞŶƟŽŶĞĚĚĞŵŽůŝƟŽŶƉĞƌŵŝƚŝƐƐƵĞĚŝŶϮϬϭϵ͘ The project ;WƌŽũĞĐƚͿ ƉƌŽƉŽƐĞƐƚŚĞƌĞĞǀĂůƵĂƟŽŶŽĨƚŚĞ YŵĞƚƌŝĐƐƵƐĞĚ in the Project ͛s adopted MND
;
Esϭϵ-0006Ϳ͘ As of July 1, 2020 the Level of Service ;LOSͿ criteria was replaced by Vehicle Miles Traveled ;VMTͿ as the only metric valid for
Y ĂŶĂůǇƐŝƐ ĂŶĚ ƚŚĞ ĚĞƚĞƌŵŝŶĂƟŽŶ ŽĨ dƌĂŶƐƉŽƌƚĂƟŽŶ ĂŶĚ dƌĂĸĐ impacts ŵŝƟŐĂƟŽn measures ĂŶĚ ƚŚĞŝƌ ŶĞǆƵƐ ƚŽ ŵŝƟŐĂƟŽŶ ŵĞĂƐƵƌĞƐ ǁŚĞŶ ƚŚĞ ĐŝƚǇ Žƌ ĐŽƵŶƚǇ ŚĂǀŝŶŐ ƉƌŝŵĂƌǇ ũƵƌŝƐĚŝĐƟŽŶ ŽǀĞƌ ƚŚĞ ĂƌĞĂ ŝŶǀŽůǀĞĚ ŝƐ ;ϭͿ ƚŚĞ ƐŝƚĞ ŽĨ ƚŚĞ ƉƌŽũĞĐƚ͖ ;ϮͿ ƚŚĞ ĂƌĞĂ ǁŚŝĐŚ ƚŚĞ ŵĂũŽƌ ĞŶǀŝƌŽŶŵĞŶƚĂůĞīĞĐƚƐǁŝůůŽĐĐƵƌ͖ĂŶĚͬŽƌ;ϯͿƚŚĞĂƌĞĂŝŶǁŚŝĐŚthose cŝƟǌĞŶƐreside most directly concerned ďǇĂŶǇƐƵĐŚĞŶǀŝƌŽŶŵĞŶƚĂůĞīĞĐƚƐ͘
ĂƐĞĚ ŽŶ ƚŚĞ ĮŶĚŝŶŐƐ ŽĨ ƚŚŝƐAddendum, the Project would have ůĞƐƐ ƚŚĂŶ ƐŝŐŶŝĮĐĂŶƚ ŝŵƉĂĐƚƐ͕ Žƌ ŶŽ ĐŚĂŶŐĞƐŽƌŶĞǁŝŶĨŽƌŵĂƟŽŶƌĞƋƵŝƌŝŶŐƚŚĞƉƌĞƉĂƌĂƟŽŶŽĨĂŶDEŽƌ /ZĨŽƌƚŚĞĨŽůůowing environmental
ĐĂƚĞŐŽƌŝĞƐ͗
x dƌĂŶƐƉŽƌƚĂƟŽŶĂŶĚdƌĂĸc

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PROJECT REVISION
The Project was evaluated in the 2020 /ŶŝƟĂů^ƚƵĚǇǁŚŝĐŚŝĚĞŶƟĮĞĚƚŚĞƉƌŽũĞĐƚĂƐŚĂǀŝŶŐĂ͞ƉŽƚĞŶƟĂůůǇ ƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚ͟ƌĞůĂƚĞĚƚŽƚƌĂŶƐƉŽƌƚĂƟŽŶ if ŶŽƚŵŝƟŐĂƚĞĚ͘dŚĞdƌĂĸĐ/ŵƉĂĐƚŶĂůǇƐŝƐ conducted was based on LOS criteria and methods, and ĐŽŶĐůƵĚĞĚƚŚĂƚĂŶŽī-ƐŝƚĞŝŶƚĞƌƐĞĐƟŽŶЬmile north of the project ƐŝŐŚƚǁŽƵůĚƌĞƋƵŝƌĞƚŚĞŝŶƐƚĂůůĂƟŽŶŽĨĂƐŝŐŶĂůĂƚƚŚĞŝŶƚĞƌƐĞĐƟŽŶŽĨtĞƐƚ>ŝŶĐŽůŶǀĞŶƵĞĂŶĚRock Spring ZŽĂĚƐ ;dZ-ϭ Ϳ Ă Ɛ ǁ Ğ ů ů Ă Ɛ Ɖ Ś Ǉ Ɛ ŝ Đ Ă ů ŝ ŵ Ɖ ƌ Ž ǀ Ğ ŵ Ğ Ŷ ƚ Ɛ ƚ Ž t Ğ Ɛ ƚ D ŝ Ɛ Ɛ ŝ Ž Ŷ ǀ Ğ Ŷ Ƶ Ğ ; d Z -ϮͿ͘ The Applicant has ƌĞƋƵĞƐƚĞĚƚŚĂƚƐƚĂīƌĞĞǀĂůƵĂƚĞƚŚĞĮŶĚŝŶŐƐŝŶƚŚĞĞĐĞŵďĞƌϮϬϮϬ/ŶƚĞƌŶĂƟŽŶĂů ŶŐŝŶĞĞƌŝŶŐ'ƌŽƵƉdƌĂĸĐ
/ŵƉĂĐƚŶĂůǇƐŝƐ;IEG d/ͿĂŶĚŵŽĚŝĨǇƚŚĞĮŶĚŝŶŐƐŝŶ^ĞĐƟŽŶϭϯ͘ϳof the adopted MND and the DŝƟŐĂƟŽŶ MŽŶŝƚŽƌŝŶŐĂŶĚZĞƉŽƌƟŶŐ Program ;MMRPͿ to align with SB 743 requiring VMT to be the only metrics ĂƉƉůŝĞĚ ĨŽƌ dƌĂŶƐƉŽƌƚĂƟŽŶ ĂŶĚ dƌĂĸĐ
Y ĂƐƐĞƐƐŵĞŶƚ ĂŶĚ ŵŝƟŐĂƟŽŶ ͘ ^ ŝ Ŷ Đ Ğ ƚ Ś Ğ Ɵ ŵ Ğ Ž Ĩ ƚ Ś Ğ Project approval͕ ƚŚĞ ŝƚǇ ŽĨ
ƐĐŽŶĚŝĚŽ ŚĂƐ ĂĚŽƉƚĞĚ dƌĂŶƐƉŽƌƚĂƟŽŶ /ŵƉĂĐƚ ŶĂůǇƐŝƐ 'ƵŝĚĂŶĐĞ ;d/'͕ :ƵŶĞ Ϯϭ͕ ϮϬϮϭͿ͘dŚŝƐĚŽĐƵŵĞŶƚĚĞĮŶĞƐ, interprets, and demonstrates how to implement a VMT analysis and uses the same threshold as used in the December 2020 IEG TIA. Based on the current VMT methodology ƐƵƉƉŽƌƚĞĚ ďǇ ƚŚĞ ŝƚǇ͛Ɛ ĂĚŽƉƚĞĚ d/' ĂŶĚ ƚŚĞ ϮϬϮϬIEG TIA report, the ŵŝƟŐĂƟŽŶ ƉƌĞǀŝŽƵƐůǇ ƌĞƋƵŝƌĞĚ under LOS standards is no longer required.

WůĂŶŶŝŶŐ ŽŵŵŝƐƐŝŽŶ ZĞƐŽůƵƟŽŶ EŽ͘ ϮϬϮϬ-ϭϵ ;W,'ϭϵ-ϬϬϰϵͬ Esϭϵ-ϬϬϬϲͿ ƚŽ ĐŚĂŶŐĞ ƚŚĞ 'ĞŶĞƌĂů WůĂŶ
ĞƐŝŐŶĂƟŽŶĨƌŽŵ>ŝŐŚƚ/ŶĚƵƐƚƌŝĂů ;>/ͿƚŽ'ĞŶĞƌĂůŽŵŵĞƌĐŝĂů;' ͿĂŶĚĂƉƉƌŽǀĞ a ŽŶĚŝƟŽŶĂůhƐĞWĞƌŵŝƚ ;hWͿĨŽƌĂŐĂƐŽůŝŶĞƐƚĂƟŽŶ was approved on January 13, 2021. In 2021, the Planning Commission adopted ZĞƐŽůƵƟŽŶ EŽ͘ ϮϬϮϭ-Ϭϱ ;W,'ϭϵ-ϬϬϰϵͬ
Esϭϵ-ϬϬϬϲͿ ĂƉƉƌŽǀŝŶŐ Ă ŽŶĚŝƟŽŶĂů hƐĞ WĞƌŵŝƚ ĨŽƌ Ă ŐĂƐŽůŝŶĞ ƐƚĂƟŽŶĂŶĚĐŽŶǀĞŶŝĞŶĐĞƐƚŽƌĞǁŝƚŚĐŽŶĐƵƌƌĞŶƚƐĂůĞŽĨĂůĐŽŚŽůŝĐďĞǀĞƌĂŐĞƐĂƚϵϬϬtDŝƐƐŝŽŶǀĞŶƵĞ͘ There have been no changes to the parameters of the approved Project. The addendum seeks to comply with state law and ƌĞĐŽŐŶŝǌĞs ƚŚĂƚ ƚǁŽ ŵŝƟŐĂƟŽŶ ŵĞĂƐƵƌĞƐ ŝŵƉŽƐĞĚ ŽŶ ƚŚĞ WƌŽũĞĐƚ ǁĞƌĞ ƚŚĞ ƌĞƐƵůƚ ŽĨLOS ĂŶĂůǇƐŝƐĂŶĚǁŽƵůĚůŝŬĞƚŽĨŽƌŵĂůůǇƌĞĐŽŐŶŝǌĞĂŶĚƐƵƉƉŽƌƚƚŚĞĮ ŶĚŝngs of a VMT analysis and conclusion, which states ƚŚĂƚƚŚĞWƌŽũĞĐƚǁŽƵůĚŶŽƚƌĞƋƵŝƌĞŵŝƟŐĂƟŽŶŵĞĂƐƵƌĞƐdZ-1 and TRA-2.

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Figure 1: Project Site

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Figure 2: General Plan

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Figure 3: Zoning

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Figure 4: Site Plan

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Figure 5: Exterior EůĞǀĂƟŽŶƐ

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STATUTORY BACKGROUND
The City of Escondido is the CEQA lead agency for the proposed Project. Under CEQA, an Addendum to a ĐĞƌƟĮĞĚEnvironmental Impact RĞƉŽƌƚ;
/ZͿŽƌNĞŐĂƟǀĞDĞĐůĂƌĂƟŽŶŵĂǇďĞĂƉƉƌŽƉƌŝĂƚĞŝĨŵŝŶŽƌƚĞĐŚŶŝĐĂů changes or modŝĮĐĂƟŽŶƐƚŽƚŚĞƉƌŽũĞĐƚĂƌĞƉƌŽƉŽƐĞĚ;
Y'ƵŝĚĞůŝŶĞƐ^ĞĐƟŽŶϭϱϭϲϰͿ͘Ŷ Addendum is
ĂƉƉƌŽƉƌŝĂƚĞŽŶůǇŝĨƚŚĞƐĞŵŝŶŽƌƚĞĐŚŶŝĐĂůĐŚĂŶŐĞƐŽƌŵŽĚŝĮĐĂƟŽŶ ƐĚŽŶŽƚƌ ĞƐƵůƚŝŶĂŶ ǇŶĞǁƐŝŐŶŝĮĐĂŶƚ ŝŵƉĂĐƚƐŽƌĂƐƵďƐƚĂŶƟĂůŝŶĐƌĞĂƐĞŝŶƚŚĞƐĞǀĞƌŝƚǇŽĨƉƌĞǀŝŽƵƐůǇŝĚĞŶƟĮĞĚƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐ͘dŚĞAddendum need not be circulated for publi ĐƌĞǀŝĞǁ;
Y'ƵŝĚĞůŝŶĞƐ^ĞĐƟŽ Ŷϭϱϭϲϰ;ĐͿͿ͘ĞĐĂƵƐĞŶŽĐŚĂŶŐĞƐ ŝŶƚŚĞ ĂƉƉƌŽǀĞĚƉƌŽũĞĐƚĂƌĞƉƌŽƉŽƐĞĚ͕ƚŚŝƐĚĚĞŶĚƵŵĚŽĞƐŶŽƚƌĞƋƵŝƌĞĂƉƵďůŝĐŚĞĂƌŝŶŐŽƌĐŽŶƐŝĚĞƌĂƟŽŶďǇƚŚĞ City Council.

This MND Addendum demonstrates that the environmental analysis, impa ĐƚƐ͕ ĂŶĚ ŵŝƟŐĂƟŽŶ ŵĞĂƐƵƌĞƐͬƌĞƋƵŝƌĞŵĞŶƚƐŝĚĞŶƟĮĞĚŝŶƚŚĞ December 2020 MND remain ƐƵďƐƚĂŶƟǀĞůǇ unchanged by the ƐŝƚƵĂƟŽŶ ĚĞƐĐƌŝďĞĚ ŚĞƌĞŝŶ͕ ĂŶĚ ŝƚ ƐƵƉƉŽƌƚƐ ƚŚĞ ĮŶĚŝŶŐ ƚŚĂƚ ƚŚĞ ƉƌŽƉŽƐĞĚ VMT methodology and conclusions ĚŽŶŽƚƌĞƐƵůƚŝŶŶĞǁƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐĂŶĚĚŽŶŽƚĞǆĐĞĞĚƚŚĞů ĞǀĞůŽĨŝŵƉĂĐƚƐŝĚĞŶƟĮĞĚŝŶ the December 2020 DE͘dŚĞƌĞĨŽƌĞ͕ƌĞĐŝƌĐƵůĂƟŽŶŽĨƚŚĞĂĚŽƉƚĞĚDEĨŽƌƉƵďůŝĐƌĞǀŝĞǁŝƐŶŽƚƌĞƋƵŝƌĞĚ͕ ƉƵƌƐƵĂŶƚ ƚŽ
Y 'ƵŝĚĞůŝŶĞƐ ^ĞĐƟŽŶ ϭϱϭϲϰ͘ dŚĞ ŝƚǇ ŚĂƐ also ĚĞƚĞƌŵŝŶĞĚ ƚŚĂƚ ƉƌĞƉĂƌĂƟŽŶ ŽĨ Ă ƐƵďƐĞƋƵĞŶƚ
/ZŽƌDEŝƐŶŽƚƌĞƋƵŝƌĞĚƵŶĚĞƌ
Y'ƵŝĚĞůŝŶĞƐ^ĞĐ ƟŽŶϭϱϭϲϮ͘dŽƐƵƉƉŽƌƚƚŚŝƐĚĞĐŝƐŝŽŶ͕ ƚŚĞĨŽůůŽǁŝŶŐĚŝƐĐƵƐƐŝŽŶĚĞƐĐƌŝďĞƐƚŚĞƉƌŽƉŽƐĞĚƉƌŽũĞĐƚŵŽĚŝĮĐĂ ƟŽŶƐĂŶĚƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂů analysis.

IMPACT ANALYSIS
The Project would result ŝŶůŝƩůĞĐŚĂŶŐĞǁŝƚŚƌĞƐƉĞĐƚƚŽƚŚĞĞŶǀŝƌŽŶŵĞŶƚĂůŝƐƐƵĞĂƌĞĂƐĂŶĂůǇǌĞĚŝŶƚŚŝƐ ĚĚĞŶĚƵŵ;ƐĞĞdĂďůĞϭďĞůŽǁͿ͘ Table 1 demonstrates the result of the Addendum and the conclusions drawn from using a VMT analysis versus one using LOS. With the ĂƉƉůŝĐĂƟŽŶŽĨthe VMT criteria, the need ĨŽƌŵŝƟŐĂƟŽŶƌĞůĂƚĞĚƚŽ>K^ĐƌŝƚĞƌŝĂ is unnecessary. dŚĞƌĞĨŽƌĞ͕ĂƐĚĞƐĐƌŝďĞĚŝŶĨƵƌƚŚĞƌĚĞƚĂŝůŝŶƚŚŝƐƐĞĐƟŽŶ͕ ƚŚĞ
Y ĂŶĂůǇƐŝƐ ƐƵƉƉŽƌƚƐ ƚŚĞ ĚĞƚĞƌŵŝŶĂƟŽŶ ƚŚĂƚ ƚŚĞ PƌŽũĞĐƚ ǁŽƵůĚ ŶŽƚ ŝŶǀŽůǀĞ ŶĞǁ ƐŝŐŶŝĮĐĂŶƚ ĞŶǀŝƌŽŶŵĞŶƚĂůĞīĞĐƚƐŽƌƌĞƐƵůƚŝŶĂƐƵďƐƚĂŶƟĂůŝŶĐƌĞĂƐĞŝŶƚŚĞƐĞǀĞƌŝƚǇŽĨƉƌĞǀŝŽƵƐůǇŝĚĞŶƟĮĞĚƐŝŐŶŝĮĐĂŶƚ ĞīĞĐƚƐǁŚŝĐŚǁŽƵůĚĐĂůůĨŽƌƚŚĞƉƌĞƉĂƌĂƟŽŶŽĨĂƐƵďƐĞƋƵĞŶƚ /Z͕ĂƐƉƌŽǀŝĚĞĚŝŶΑϭϱϭϲϮŽĨƚŚĞ^ƚĂƚĞ
Y
Guidelines.

Attachment "1"
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Exhibit “C”

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Table 1

COMPARISON OF ENVIRONMENTAL FINDINGS BETWEEN THE MODIFIED PROJECT AND THE

PREVIOUS APPROVED PROJECT

dŚĞ>ĞĂĚŐĞŶĐǇ͕ƚŚĞŝƚǇŽĨ
ƐĐŽŶĚŝĚŽ͕ĐŽŶĚƵĐƚĞĚĂŶ/ŶŝƟĂů^ƚƵ ĚǇǁŝƚŚƚŚĞĂŝĚŽĨĐŽŶƐƵůƚĂŶƚƐƉƌĞƉĂƌŝŶŐ ƐĞǀĞƌĂů ƚĞĐŚŶŝĐĂů ƐƚƵĚŝĞƐ ƚŽ ƐƵƉƉŽƌƚ ƚŚĞŝƌ ĞŶǀŝƌŽŶŵĞŶƚĂů ĮŶĚŝŶŐ Ɛ ; Esϭϵ-ϬϬϬϲͿ ŝŶ ƌĞƐƉŽŶƐĞ ƚŽ ƚŚĞ
ĂƉƉůŝĐĂƟŽŶ ĨŽƌ 'ĞŶĞƌĂů WůĂŶ ŵĞŶĚŵĞŶƚ͕ ZĞǌŽŶĞ ĂŶĚ ŽŶĚŝƟŽŶĂů hƐĞ WĞƌŵŝƚ ;W,'ϭϵ-ϬϬϰϵͿ ĂŶĚ ĂŐĂŝŶ ǁŚĞŶƚŚĞĞŶƟƚůĞŵĞŶƚĞǆƉĂŶĚĞĚƚŽŝŶĐůƵĚĞĂŽŶĚŝƟŽŶĂůhƐĞWĞƌŵŝƚ ;W,'ϭϵ-ϬϬϰϵͿĨŽƌĂůĐŽŚŽůƐĂůĞƐ͘/Ŷ ^ĞĐƟŽŶϭϯ͘ϳ͘Ϯ͕ƚŚĞIŶŝƟĂůSƚƵĚǇƉŽƐĞƐĨŽƵƌƋƵĞƐƟŽŶƐƚŽĚĞƚĞƌŵŝŶĞĂƉƌŽũĞĐƚ͛Ɛ ƉŽƚĞŶƟĂůŝŵƉĂĐƚŽŶƚŚĞĐŝƚǇ͛Ɛ ƚƌĂŶƐƉŽƌƚĂƟŽŶƐǇƐƚĞŵ͘dŚĞWƌŽũĞĐƚ͛ƐŝŵƉĂĐƚŝŶƌĞůĂƟŽŶƚŽƚŚƌĞĞ ŽĨƚŚĞĨŽƵƌ YĐŚĞĐŬůŝƐƚƚŚƌĞƐŚŽůĚƐĨŽƌ
ƚƌĂŶƐƉŽƌƚĂƟŽŶ Žƌ ĐŝƌĐƵůĂƟŽŶ ŝŵƉĂĐƚƐ ǁĞƌĞ ĨŽƵŶĚ ƚŽ ŚĂǀĞ Ă ůĞƐƐ ƚŚĂŶ ƐŝŐŶŝĮĐĂŶƚ ŝŵƉĂĐƚ͘ ,ŽǁĞǀĞƌ͕ ŽŶĞ ƚŚƌĞƐŚŽůĚǁĂƐůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚǁŝƚŚŵŝƟŐĂƟŽŶ due to a ͞ĐŽŶŇŝĐƚǁŝƚŚĂƉƌŽŐƌĂŵ͕ƉůĂŶ͕ŽƌĚŝŶĂŶĐĞŽƌ ƉŽůŝĐǇĂīĞĐƚ΀ŝŶŐ΁ƚŚĞĐŝƌĐƵůĂƟŽŶƐǇƐƚĞŵŝŶĐůƵĚŝŶŐƚƌĂŶƐŝƚƌŽĂĚǁĂǇ͕ďŝĐǇĐůĞŽƌƉĞĚĞƐƚƌŝĂŶĨĂĐŝůŝƟĞƐ͟;^ĞĐƟŽŶ ys//͕ƉƉĞŶĚŝǆ '
Y'ƵŝĚĞůŝŶĞƐͿ . The Project was determined to ĐŽŶŇŝĐƚǁŝƚŚĂƉĂƌƟĐƵůĂƌƚŚƌĞƐŚŽůĚ within the General Plan Quality of Life Standards. The Quality-of-Life Standard is used as the threshold for ƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐ, with ŵŝƟŐĂƟŽŶusing ƚŚĞ>K^
YƚƌĂŶƐƉŽƌƚĂƟŽŶŵĞƚƌŝĐ͘
,ŽǁĞǀĞƌ ͕ƚŚĞĞĐĞŵďĞƌϮϬϮϬ /^ͬDE includes the following language, ͞ĂƐĞĚŽŶƚŚĞsDdĂƐƐĞƐƐŵĞŶƚ ĂŶĚ ƚĞĐŚŶŝĐĂů ŝŶĨŽƌŵĂƟŽŶ ƉƌŽǀŝĚĞĚ ŝŶ ƚŚĞ sDd /ŵƉĂĐƚ ŶĂůǇƐŝƐ͕ ƚŚĞ ƉƌŽƉŽƐĞĚ ƉƌŽũĞĐƚ ĚĞƐŝŐŶĂƟŽŶ ŝƐ Ă ůŽĐĂůůǇƐĞƌǀŝŶŐůĂŶĚƵƐĞĂŶĚĂŶǇƉŽƚĞŶƟĂůƉƌŽũĞĐƚsDdƌĞůĂƚĞĚŝŵƉĂĐƚƐǁŽƵůĚďĞƉƌĞƐƵŵĞĚƚŽďĞůĞƐƐƚŚĂŶ ƐŝŐŶŝĮĐĂŶƚ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞƉƌŽƉŽƐĞĚƉƌŽũĞĐƚǁŽƵůĚŶŽƚĐŽŶŇŝĐƚǁŝƚŚ Y'ƵŝĚĞůŝŶĞƐƐĞĐƟŽŶϭϱϬϲϰ͘ϯĂŶĚ
ŝŵƉĂĐƚƐǁŽƵůĚďĞůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚ͘EŽŵŝƟŐĂƟŽŶŝƐƌĞƋƵŝƌĞĚ͘͟ This threshold, criteria, ĂŶĚĐŽŶĐůƵƐŝŽŶĂƌĞƐƵƉƉŽƌƚĞĚďǇsDdĂŶĂůǇƐŝƐ;/^ͬDE, DeĐĞŵďĞƌϮϬϮϬͿĂŶĚŚĂǀĞ ƐŝŶĐĞďĞĞŶĐŽĚŝĮĞĚŝŶƚŚĞĂĚŽƉƚĞĚ TIAG using the same threshold that was used in the December 2020 IEG TIA report, which determined the project to be ůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚusing the VMT methodology and requiring no CEQA-ƌĞůĂƚĞĚŵŝƟŐĂƟŽŶ ;d/'͕^ĞĐƟŽŶϯ͘ϯͿ.

For these reasons, the removal of both TRA-1 and TRA-2 in the MMRP along with ƚŚĞĂĚŽƉƟŽŶŽĨ VMT analysis and conclusions, which represent no nexus between the new development Project or the need to include ƐŝŐŶĂůŝǌĂƟŽŶat West Lincoln Avenue and Rock Springs Road, is consistent with CEQA Guidelines ĂŶĚ ^ƚĂƚĞ >Ăǁ͘ ,ŽǁĞǀĞƌ͕ ƐƚĂī ƐƵƉƉŽƌƚƐ ƚŚĞ ƌĞƚĞŶƟŽŶ ŽĨ ƚŚĞ ŽŶĚŝƟŽŶ ŽĨ ƉƉƌŽǀĂů requiring the ƐŝŐŶĂůŝǌĂƟŽŶ of the West Lincoln Avenue and Rock Springs Road. ŝƚǇ ƐƚĂī ǁŝůůmaintain the ability to Environmental Issue
Conditional Use
Permit at 900 W
Mission IS/MND
Addendum
Conclusions for
Modified Project
Modified Project
Impacts in
Comparison to
Conclusions of the
Approved Project
Transportation and
Traffic
Less Than Significant with
mitigation
Less Than Significant
Impact Lesser impact

Attachment "1"
111
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Exhibit “C”

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ŝŵƉŽƐĞĐŽŶĚŝƟŽŶƐ based on threshold and standards using LOS to assess and address ƚƌĂĸĐŝŵƉĂĐƚƐŽĨ development project.

SUMMARY AND FINDINGS
As ĂŶĂůǇǌĞĚŝŶƚŚŝƐreport, the PƌŽũĞĐƚǁŽƵůĚŶŽƚƌĞƐƵůƚŝŶĂŶǇŶĞǁƐŝŐŶŝĮĐĂŶƚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƐ͘dŚĞ ŽƌŝŐŝŶĂů:ƵŶĞϮϬϮϬ/^ͬDEǁĂƐŵŽĚŝĮĞĚin December 2020 with an updated environmental analysis. The December 2020 MND update stated that VMT criteria and analysis applied to the project and ŶŽŵŝƟŐĂƟŽŶ would be required. The analysis contained herein demo nstrates that the proposed Project is consistent with the prior Approved Project and many of the i mpact issues previously examined in the Approved Project would remain unchanged with the proposed Project.

Attachment "1"
112
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1 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024 Resolution No. 2024-183R
Exhibit “D”

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EXHIBIT “D”

MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)

PROJECT NAME:

NEG. NEC. NO. :

SCH NO.:

APPROVAL BODY:
7-Eleven (City File Nos.: PL24-0183/PHG19-0049)
ENV 19-0006
N/A
Escondido City Council
PROJECT DESCRIPTION: An Addendum to the Final Mitigated Negative Declaration (MND) for the 7-Eleven Convenience Store and Service Station was prepared in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15164 (Addendum to an EIR or Negative Declaration). The Addendum also updates the Mitigation Monitoring Reporting Program (MMRP) contained herein. The project consists of an approximately 4,088 SF convenience store with a 4,284 SF gas station canopy with eight (8) fuel dispenser pumps that can accommodate up to sixteen (16) fueling stations/vehicles. A General Plan Amendment from Light Industrial (LI) to General Commercial (GC) along with a Zone Chan ge from Light Industrial (M-1) zoning to General Commercial (CG) zoning is required to process t he land use development application and al low the consideration of the Conditional Use Permit. As of July 1, 2020 the Level of Service (LOS) criteria was replaced by Vehicle Miles Traveled (VMT) as the only metric valid for CEQA analysis and the determination of Transportation and Traffic impacts mitigation measures The Addendum demonstrates the use of Level of Service (LOS) standards to impose mitigation measures on the project was not in alignment with state standards. When employing the state mandated Vehicles Miles Traveled (VMT) metric and an alysis, the project creates "less than significant impacts" without any mitigation. The MMRP will be modified to remove mitigation measures that were identified using the LOS methodology,.

PROJECT LOCATION: 900 W. Mission Avenue (APNs 228-220-13-00 and 228-220-43-00)

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Exhibit “D”

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APPLICANT/CONTACT PERTSON: Ilan Golcheh, Golcheh Group, LLC PROJECT MANAGER: Vicrim Chima, Planning Consultant, City of Escondido Phone No.: (760) 839-4537 Email: [email protected]

Attachment "1"
114
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PHG 19-0049; ENV 19-0006
3 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

November 12, 2024
Planning Commission
Mitigation Monitoring and Reporting Program
Mitigated Negative Declaration/Initial Study Environmental Checklist Project No. ENV 19-0006
The City of Escondido adopts this revised Mitigation Monitoring and Reporting Program (MMRP) in accordance with the findings of the Addendum to the Final MND (Attachment XX). The purpose of the MMRP is to ensure that the Project, which is the subject of the Mitigated Negative Declaration (MND) and Initial Study Environment al Checklist, complies with all applicable CEQA criteria and environmental mitigation requirements. The mitigation described in the MND and summarized below provides a broad purpose and overview of actions that will occur in order to reduce identified environmental impacts associated with cultural resources, geo logic hazards and noise impacts.

For each project that is subject to CEQA, PRC Section 21081.6 requires the Lead Agency to monitor performance of the mitigation measures included in any environmental document to ensure that the specified mitigation is implemented. The City of Escondido is the designated Lead Agency for the proposed project. The City is responsible for reviewing all monitoring reports, enforcement acti ons, and document disposition related to implementation of the MMRP.

After review and approval by the Lead Agency, minor changes to the MMRP are permitted but can only be made by the City of Escondido. No deviations from this MMRP shall be permitted unless it continues to satisfy the requirements of PRC Section 21081.6, as determined by the City of Escondido.

The organization of the MMRP follows the subsection formatting st yle presented within the MND and Initial Study Environmental Checklist. Only those subsections of the environmental issues presented in the Initial Study Environmental Checklist that have mitigation measures are provided below in the MMRP table. A ll other subsections do not contain mitigation measures. For each mitigation measure, the MMRP table identifies the following: (1 ) mitigation measure; (2) implementation action; (3) responsible agency/party; (4) monitoring schedule; and (5) verification date.

Attachment "1"
115
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PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
3 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
Cultural Resources
CUL-1: The City of Escondido Planning Division
(City) recommends the applicant enter into a
Tribal Cultural Resource Treatment and
Monitoring Agreement (also known as a pre-
excavation agreement) with a tribe that is
traditionally and culturally affiliated with the
Project Location (TCA Tribe) prior to issuance of a
grading permit. The purposes of the agreement
are (1) to provide the applicant with clear
expectations regarding tribal cultural resources,
and (2) to formalize protocols and procedures
between them. Applicant/Owner and the TCA
Tribe for the protection and treatment of, including
but not limited to, Native American human
remains, funerary objects, cultural and religious
landscapes, ceremonial items, traditional
gathering areas and cultural items, located and/or
discovered through a monitoring program in
conjunction with the construction of the proposed
project, including additional archaeological
surveys and/or studies, excavations, geotechnical
investigations, grading, and all other ground
disturbing activities.
x Applicant should enter into
a Tribal Cultural Resource
Treatment and Monitoring
Agreement.

Applicant; City of
Escondido
Community
Development
Department
Planning Division
X CUL-2: Prior to issuance of a grading permit, the
applicant shall provide written verification to the
City that a qualified archaeologist and Native
American monitors associated with TCA Tribes
have been retained to implement the monitoring
program. Because the project is located within
shared territory of the Luiseño and Kumeyaay
people, Native American monitors representing
the interest and values of both the Luiseño and
Kumeyaay people will be retained for the Project.

The archaeologist shall be responsible for
coordinating with the Native American monitors.

This verification shall be presented to the City in a
letter from the project archaeologist that confirms
x Require verification and
approval of qualified
archaeologist.

Applicant; City of
Escondido
Community
Development
Department
Planning Division
X

Attachment "1"
116
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PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
4 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
that Native American monitors representing both
Luiseño and Kumeyaay associated with a TCA
Tribes have been retained. The City, prior to any
pre-construction meeting, shall approve all
persons involved in the monitoring program.

CUL-3: The qualified archaeologist and a Native
American monitor shall attend the pre-grading
meeting with the grading contractors to explain
and coordinate the requirements of the monitoring
program.
x Require monitoring
program coordination.

City of Escondido
Community
Development
Department
Planning Division;
Qualified
Archaeologist;
Grading Contractor
X
CUL-4: During the initial grubbing, site grading,
excavation or disturbance of the ground surface,
the qualified archaeologist and the Native
American monitor shall be on site full-time. The
frequency of inspections shall depend on the rate
of excavation, the materials excavated, and any
discoveries of tribal cultural resources as defined
in California Public Resources Code Section
21074. Archaeological and Native American
monitoring will be discontinued when the depth of
grading and soil conditions no longer retain the
potential to contain cultural deposits. The qualified
archaeologist, in consultation with the Native
American monitor, shall be responsible for
determining the duration and frequency of
monitoring.
x Require on-site
archaeological monitor and
Native American Monitor.

City of Escondido
Community
Development
Department
Planning Division;
Archaeological
Monitor; Field
Engineering
Division
X X
CUL-5: In the event that previously unidentified
tribal cultural resources are discovered, the
qualified archaeologist and the Native American
monitor shall have the authority to temporarily
divert or temporarily halt ground disturbance
operation in the area of discovery to allow for the
evaluation of potentially significant cultural
resources. Isolates and clearly non-significant
x Require identification and
preservation of any
unidentified cultural
resources.

City of Escondido
Community
Development
Department
Planning Division;
Project
Archaeologist;
County Coroner;
X

Attachment "1"
117
Item8.

PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
5 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
deposits shall be minimally documented in the
field and collected so the monitored grading can
proceed.

Native American
Monitor

CUL-6: If a potentially significant tribal cultural
resource is discovered, the archaeologist shall
notify the City of said discovery. The qualified
archaeologist, in consultation with the City, the
TCA Tribe and the Native American monitor, shall
determine the significance of the discovered
resource. A recommendation for the tribal cultural
resource’s treatment and disposition shall be
made by the qualified archaeologist in
consultation with the TCA Tribe and the Native
American monitor and be submitted to the City for
review and approval.
x Require identification and
preservation of any
significant tribal resource.
x Consultation with Native
American Monitor.

City of Escondido
Community
Development
Department
Planning Division;
Project
Archaeologist;
Native American
Monitor; TCA Tribe
X
CUL-7: The avoidance and/or preservation of the
significant tribal cultural resource and/or unique
archaeological resource must first be considered
and evaluated as required by CEQA. Where any
significant tribal cultural resources and/or unique
archaeological resources have been discovered
and avoidance and/or preservation measures are
deemed to be infeasible by the City, then a
research design and data recovery program to
mitigate impacts shall be prepared by the qualified
archaeologist (using professional archaeological
methods), in consultation with the TCA Tribe and
the Native American monitor, and shall be subject
to approval by the City. The archaeological
monitor, in consultation with the Native American
monitor, shall determine the amount of material to
be recovered for an adequate artifact sample for
analysis. Before construction activities are allowed
to resume in the affected area, the research
design and data recovery program activities must
be concluded to the satisfaction of the City.
x Require research design
and data recovery
program.
x Consultation with Native
American Monitor.

City of Escondido
Community
Development
Department
Planning Division;
Project
Archaeologist; TCA
Tribe
X

Attachment "1"
118
Item8.

PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
6 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
CUL-8: As specified by California Health and
Safety Code Section 7050.5, if human remains
are found on the project site during construction or
during archaeological work, the person
responsible for the excavation, or his or her
authorized representative, shall immediately notify
the San Diego County Coroner’s office.

Determination of whether the remains are human
shall be conducted on-site and in situ where they
were discovered by a forensic anthropologist,
unless the forensic anthropologist and the Native
American monitor agree to remove the remains to
an off-site location for examination. No further
excavation or disturbance of the site or any
nearby area reasonably suspected to overlie
adjacent remains shall occur until the Coroner has
made the necessary findings as to origin and
disposition. A temporary construction exclusion
zone shall be established surrounding the area of
the discovery so that the area would be protected,
and consultation and treatment could occur as
prescribed by law. In the event that the remains
are determined to be of Native American origin,
the Most Likely Descendant, as identified by the
Native American Heritage Commission, shall be
contacted in order to determine proper treatment
and disposition of the remains in accordance with
California Public Resources Code section
5097.98. The Native American remains shall be
kept in-situ, or in a secure location in close
proximity to where they were found, and the
analysis of the remains shall only occur on-site in
the presence of a Native American monitor.
x Require identification and
preservation of any
undiscovered cultural
resources or human
remains.

City of Escondido
Community
Development
Department
Planning Division;
Project
Archaeologist;
County Coroner
X

Attachment "1"
119
Item8.

PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
7 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
CUL-9: If the qualified archaeologist elects to
collect any archaeological materials that qualify as
tribal cultural resources, the Native American
monitor(s) must be present during any testing or
cataloging of those resources. Moreover, if the
qualified archaeologist does not collect the
archaeological materials that qualify as tribal
cultural resources that are unearthed during the
ground disturbing activities, the Native American
monitor(s), may at their discretion, collect said
resources and provide them to the TCA Tribe for
respectful and dignified treatment in accordance
with the Tribe’s cultural and spiritual traditions.

The project archaeologist shall document
evidence that all cultural materials have been
curated and/or repatriated as follows:

1. It is the preference of the City that all tribal
cultural resources be repatriated to the TCA
Tribe as such preference would be the most
culturally sensitive, appropriate, and dignified.

Therefore, any tribal cultural resources
collected by the qualified archaeologist shall
be provided to the TCA Tribe. Evidence that
all cultural materials collected have been
repatriated shall be in the form of a letter from
the TCA Tribe to whom the tribal cultural
resources have been repatriated identifying
that the archaeological materials have been
received.

2. Any tribal cultural resources collected by the
qualified archaeologist shall be curated with
its associated records at a San Diego
curation facility or a culturally-affiliated Tribal
curation facility that meets federal standards
per 36 CFR Part 79, and, therefore, would be
x Require that a Native
American monitor is
present during any testing
or cataloging.
x Any tribal cultural
resources collected by the
qualified archaeologist
shall be repatriated to the
TCA Tribe, and/or curated.

City of Escondido
Community
Development
Department
Planning Division;
Project
Archaeologist
X X

Attachment "1"
120
Item8.

PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
8 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
professionally curated and made available to
other archaeologists/researchers for further
study. The collection and associated records,
including title, shall be transferred to the San
Diego curation facility or culturally affiliated
Tribal curation facility and shall be
accompanied by payment of the fees
necessary for permanent curation. Evidence
that all cultural materials collected have been
curated shall be in the form of a letter from
the curation facility stating the prehistoric
archaeological materials have been received
and that all fees have been paid.

CUL-10: Prior to the release of the grading bond,
a monitoring report and/or evaluation report, if
appropriate, which describes the results, analysis
and conclusion of the archaeological monitoring
program and any data recovery program on the
project site shall be submitted by the qualified
archaeologist to the City. The Native American
monitor shall be responsible for providing any
notes or comments to the qualified archaeologist
in a timely manner to be submitted with the report.

The report will include California Department of
Parks and Recreation Primary and Archaeological
Site Forms for any newly discovered resources.
x Require documentation of
analysis and data by the
qualified archaeologist.
x Consultation with Native
American Monitor.

Qualified
Archaeologist;
Native American
Monitor
X
Geology
GEO-1 Prior to issuance of a grading permit or
ground disturbing activities, a preliminary
assessment by a professional paleontological
resource consultant shall be conducted to
determine if the characteristics of a unique
paleontological resource or site are present. If
determined to be present, and the potential for
destruction of a unique paleontological resource
or site exists, the preliminary assessment must
make recommendations for mitigating potential
x Paleontological analysis
required
Applicant
Paleontological
consultant
X X

Attachment "1"
121
Item8.

PHG 19-0049; ENV 19-0006
November, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
9 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
impacts, such as monitoring during construction,
or identify requirements for the proper
documentation per state or federal guidelines, of
any significant resource proposed to be impacted.

Noise
NOI-1:. To reduce potential construction noise
impacts, the following multi-part mitigation shall be
implemented for the proposed project:
• The construction contractor shall ensure that
all equipment driven by internal combustion
engines shall be equipped with mufflers, which
are in good condition and appropriate for the
equipment.
• The construction contractor shall ensure that
unnecessary idling of internal engines (i.e., idling
in excess of 5 minutes) is prohibited.
• The construction contractor shall utilize “quiet”
models of air compressors and other stationary
noise sources where technology exists.
• At all times during proposed project grading
and construction, the construction contractor shall
ensure that stationary noise-generating equipment
shall be located as far as practicable from
sensitive receptors and placed so that emitted
noise is directed away from the nearest residential
land uses.
• The construction contractor shall designate a
noise disturbance coordinator who would be
responsible for responding to any local complaints
about construction noise. The disturbance
coordinator would determine the cause of the
noise complaints (starting too early, bad muffler,
etc.) and establishment reasonable measures
x Requires applicant and
contractor to implement
specific operational
measures to reduce
potential noise impacts
Applicant;
Construction
Contractor
X

Attachment "1"
122
Item8.

PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
10 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
necessary to correct the problem. The
construction contractor shall visibly post a
telephone number for the disturbance coordinator
at the construction site.

Traffic
TRA-1 Prior to occupancy, a signal shall be
constructed and operational at the intersection of
Rock Springs Road and W. Lincoln Avenue. All
proposed transportations improvements within the
City shall be constructed to the satisfaction of the
City Engineer.

Installation of Traffic Signal Applicant x x x
TRA-2 Prior to occupancy, the proposed project
shall construct appropriate improvements and/or
signage (as determined by the City’s Engineering
Services Division) at the proposed driveway on
Rock Springs Road to restrict egress to right-out
only (left out restricted). This proposed physical
improvement is necessary to reduce the number
of northbound trips from the Project along Rock
Springs Road and also will provide the opportunity
to extend the southbound left-turn lane capacity at
the intersection of W. Mission Avenue and Rock
Springs Road up to 280 feet.

Installation of roadway
improvements
Applicant
Engineering
Services Division
x x x

Attachment "1"
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Resolution No. 2024-183R
Exhibit “E”

Page 1 of 23 ends

EXHIBIT “E”
RESOLUTION NO. 2024-183R
PLANNING CASE NO. PL24-0183

Alternative Option No. 1 (Recommended Option) is hereby recommended for conditional approval as set forth within the Planning Commission Staff Report dated November 12, 2024.

For the purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, or its successor(s) in interest, as may be applicable.

A. General:

1. Acceptance of Permit. Should the Applicant fail to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the Applicant shall be deemed to constitute all of the following on behalf of the Applicant:
a. Acceptance of the Permit by the Applicant; and
b. Agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of this Project Permit or other approval and the provisions of the Escondido Municipal Code or Zoning Code applicable to such Permit.

2. Permit Expiration. If the Permit was filed as or concurrent with a Tentative Map or Planned Development application, the Permit shall expire thirty-six (36) months from the effective date of approval, unless additional time is granted pursuant to the Map Act or to the Escondido Municipal Code. If not filed as concurrent with a Tentative Map or Planned Development application, the Permit shall automatically expire after one (1) year from the date of this approval, or the expiration date of any extension granted in accordance with the Escondido Municipal Code and Zoning Code.

The Permit shall be deemed expired if a building permit has not been obtained or work has been discontinued in the reliance of that building permit. If no building permits are required, the City may require a noticed hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed, pursuant to and in accordance with the provision of this Permit.

3. Certification. The Director of Community Development, or his/her designee, is authorized and directed to make, or require the Applicant to make, all corrections and modifications to the Project drawings and any other relevant document comprising the Project in its entirety, as necessary to make them internally

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Resolution No. 2024-183R
Exhibit “E”

Page 2 of 23 ends

consistent and in conformity with the final action on the Project. This includes amending the Project drawings as necessary to incorporate revisions made by the decision-making body and/or reflecting any modifications identified in these conditions of approval. Three (3) copies of final Approved Plan set, shall be submitted to the Planning Division for certification. Said plans must be certified by the Planning Division prior to submittal of any post-entitlement permit, including grading, public improvement, landscape, or building plans for the Project.

4. Conformance to Approved Plans.
a. The operation and/or use of the subject property shall be consistent with the Project Description and Details of Request, designated with the Approved Plan set.
b. Nothing in this Permit shall authorize the Applicant to intensify the authorized activity beyond that which is specifically described in this Permit. c. Once a permit has been issued, the Applicant may request Permit modifications. “Minor" modifications may be granted if found by the Director of Community Development to be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. Modifications beyond the scope described in the Approved Plan set may require submittal of an amendment to the Permit and approval by the authorized agency.

5. Limitations on Use. Prior to any use of the Project site pursuant to this Permit, all Conditions of Approval contained herein shall be completed or secured to the satisfaction of the Community Development Department.

6. Certificate of Occupancy.
a. No change in the character of occupancy or change to a different group of occupancies as described by the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required, and any such change in occupancy must comply with all other applicable local and state laws.
b. Prior to final occupancy, a Planning Final Inspection shall be completed to ensure that the property is in full compliance with the Permit terms and conditions. The findings of the inspection shall be documented on a form and content satisfactory to the Director of Community Development.

7. Availability of Permit C onditions.
a. Prior to building permit issuance, the Applicant shall cause a covenant regarding real property to be recorded that sets forth the terms and conditions of this Permit approval and shall be of a form and content satisfactory to the Director of Community Development.

Attachment "1"
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Resolution No. 2024-183R
Exhibit “E”

Page 3 of 23 ends

b. The Applicant shall make a copy of the terms conditions of this Permit readily available to any member of the public or City staff upon request. Said terms and conditions shall be printed on any construction plans that are submitted to the Building Division for plan check processing.

8. Right to Entry. The holder of this Permit shall make the premises available for inspection by City staff during construction or operating hours and allow the investigations of property necessary to ensure that minimum codes, regulations, local ordinances and safety requirements are properly followed. The Applicant shall provide such business records, licenses, and other materials necessary upon request to provide evidence of compliance with the conditions of approval, as well as federal, state, or laws.

9. Compliance with Federal, State, and Local Laws. Nothing in this Permit shall relieve the Applicant from complying with conditions, performance standards, and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. (Permits from other agencies may be required as specified in the Permit’s Details of Request.) This Permit does not relieve the Applicant of the obligation to comply with all applicable statutes, regulations, and procedures in effect at the time that any engineering permits or building permits are issued unless specifically waived herein.

No part of this Permit’s approval shall be construed to permit a violation of any part of the Escondido Municipal or Zoning Code. During Project construction and after Project completion, the Applicant shall ensure the subject land use activities covered by this Permit is conducted in full compliance with all local and state laws.

10. Fees. The appropriate development fees and Citywide Facility fees shall be paid in accordance with the prevailing fee schedule in effect at the time of building permit issuance, to the satisfaction of the Director of Community Development.

Through plan check processing, the Applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, Fire Mitigation/Cost Recovery Fees, and other fees listed in the Fee Schedule, which may be amended. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development Department.

11. Public Art Partnership Program. All requirements of the Public Art Partnership Program, Ordinance No. 86-70 shall be sati sfied prior to any building permit issuance. The ordinance requires that a public art fee be added at the time of the building permit issuance for the purpose of participating in the City Public Art Program.

12. Clerk Recording.
a. State Law (SB 1535), effective January 1, 2007, requires certain projects to

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Resolution No. 2024-183R
Exhibit “E”

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pay fees for purposes of funding the California Department of Fish and Wildlife. If the Project is found to have a significant impact to wildlife resources and/or sensitive habitat, in accordance with State law, or if the Project was analyzed through a negative declaration or environmental impact report, the Applicant shall remit to the City of Escondido Planning Division, within two (2) working days of the effective date of the adoption of the environmental document, a check payable to the “San Diego County Clerk,” in the amount that is published by the County Clerk’s Office. Failure to remit the required fees in full within the specified time noted above will result in County notification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation code. In addition, Section 21089(b) of the Public Resources Code, and Section 711.4(c) of the Fish and Game Code provide that no project shall be operative, vested, or final until all the required filing fees are paid. The County Clerk’s Office filing fees for other environmental review documents are adjusted annually by the California Department of Fish and Wildlife. If the fee increase after the date of this approval, the Applicant shall be responsible for the increase. b. For more information on filing fees, please refer to the County Clerk’s Office and/or the California Code of Regulations, Title 14, Section 753.5.

13. Legal Description Adequacy. The legal description attached to the application has been provided by the Applicant and neither the City of Escondido nor any of its employees assume responsibility for the accuracy of said legal description.

14. Application Accuracy. The information contained in the application and all attached materials are assumed to be correct, true, and complete. The City of Escondido is relying on the accuracy of this information and Project-related representations in order to process this application. Any permits issued by the City may be rescinded if it is determined that the information and materials submitted are not true and correct. The Applicant may be liable for any costs associated with rescission of such permits.

15. Revocation, Suspension, Modification. At any time after Project implementation, the City may require a noticed public hearing to be scheduled before the Planning Commission to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval.

This item may be
referred to the appropriate decision-making body upon recommendation of the Director of Community Development for review and possible revocation or modification of the Permit regarding non-compliance with the Conditions of Approval.

This Permit may be revoked, suspended or modified by the Planning Commission, or by the City Council on appeal, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the

Attachment "1"
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Resolution No. 2024-183R
Exhibit “E”

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same at such time, whenever, after a noticed hearing, and after the following findings are fully investigated:
a. A violation of any term or condition not abated, corrected or rectified within the time specified on the notice of violation; or
b. A violation of any City ordinance, state law, or federal law not abated, corrected or rectified within the time specified on the notice of violation; or c. The use as presently conducted creates or constitutes a nuisance.

16. Indemnification. The Applicant shall hold harmless the City, its Council Members, its Commission and Boards, officers, agents, employees, and representatives from liability for any award, damages, costs and fees incurred by the City and/or awarded to any plaintiff in an action challenging the validity of any approval or denial of the application and from and against any and all claims, losses, proceedings, damages, causes of action, liabilities, costs and expenses, including reasonable attorney's fees, arising from or in connection with, or caused by (i) any act, omission or negligence of Applicant, or their respective contractors, licensees, invitees, agents, sublessees, servants or employees, wherever on or adjacent to the property the same may occur; (ii) any use of the property, or any accident, injury, death or damage to any person or property occurring in, or on or about the property, or any part thereof, or from the conduct of the Applicant or owner's business or from any activity, work or thing done, permitted or suffered by Applicant or owner or its sublessees, contractors, employees, or invitees, in or about the property, other than to the extent arising as a result of City's sole active negligence or to the extent of any willful misconduct of the City; and(iii) any default in the performance of any obligations of Applicant’s or owner's part to be performed under the terms of this Agreement, or arising from any negligence of Applicant or owner, or any such claim or any action or proceeding brought thereon; and in case any action or proceedings be brought against the City, its officers, employees, agents and representatives, by reason of any such claim, Applicant or owner, upon notice from City, shall defend the same at its expense by counsel reasonably satisfactory to City. Applicant further agrees to and shall indemnify, defend, protect, and hold harmless the City, its officers, employees, agents and representatives, from and against any and all actions brought by any third party to challenge the Project or its approval by the City, including environmental determinations. Such indemnification shall include any costs and expenses incurred by City in such action(s), including reasonable attorney's fees.

B. Construction, Maintenance, and Operation Ob ligations:

1. Code Requirements. All construction shall comply with the applicable requirements of the Escondido Municipal Code, Escondido Zoning Code, California Building Code; and the requirements of the Planning Division, Engineering

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Resolution No. 2024-183R
Exhibit “E”

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Services Department, Director of Communi ty Development, Building Official, City Engineer, and the Fire Chief in carrying out the administration of said codes.

Approval of this Permit request shall not waive compliance with any City regulations in effect at the time of Building Permit issuance unless specifically waived herein.

As a condition of receiving the land use approvals specified herein, Applicant shall maintain the property subject to the approvals in compliance with all applicable city codes governing the condition or appearance of property. In addition to compliance with such basic standards, the property subject to these approvals shall also be maintained free of trash, plant debris, weeds, and concrete (other than existing foundations and permanent structures). Any signs placed on the property advertising such property for sale or rent shall be in accordance with applicable laws, and be kept clean, in like-new condition, and free from fading and graffiti at all times. This condition shall be applicable from the date the land use is approved.

The failure to comply with this condition shall subject the approvals specified herein to revocation for failure to comply.

2. Agency License and Permitting. In order to make certain on- or off-site improvements associated with the Approved Plan set, the Permit request may require review and clearance from other agencies (including County Department of Environmental Health for USTs, APCD for Healy Tanks and Alcohol Beverage Control type 20 license). Nothing in th ese Conditions of Approval shall be construed as to waive compliance with other government agency regulations or to obtain permits from other agencies to make certain on- or off-site improvements prior to Final Map recordation, grading permit issuance, building permit issuance, or certificate of occupancy as required. This review may result in conditions determined by the reviewing agency.

At all times during the effective period of this Permit, the Applicant and any affiliated responsible party shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the construction, maintenance, and operation of the authorized activity.

3. Utilities. All new utilities and utility runs shal l be underground, or fee payment in- lieu subject to the satisfaction of the City Engineer.

4. Signage. All proposed signage associated with the Project must comply with Article 66 (Sign Ordinance) of the Escondido Zoning Code. Separate sign permits will be required for Project signage.

All non-conforming signs shall be removed. The
Applicant shall submit with any sign permi t graphic/list of all signs to be removed and retained, along with any new signage proposed.

5. Noise. All Project generated noise shall conform to the City’s Noise Ordinance (Ordinance 90-08).

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Resolution No. 2024-183R
Exhibit “E”

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6. Lighting. All exterior lighting shall conform to the requirements of Article 35 (Outdoor Lighting Ordinance) of the Escondido Zoning Code.

7. General Property Maintenance. The property owner or management company shall maintain the property in good visual and functional condition. This shall include, but not be limited to, all exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping. The Applicant shall paint and re-paint all building exteriors, accessory equipment, and utility boxes servicing the Project, as necessary to maintain clean, safe, and efficient appearances.

8. Anti-Graffiti. The Applicant shall remove all graffiti from buildings and wall surfaces within 48 hours of defacement, including all areas of the job site for when the Project is under construction.

9. Anti-Litter . The site and surrounding area shall be maintained free of litter, refuse, and debris. Cleaning shall include keeping all publicly used areas free of litter, trash, and garbage.

10. Roof, Wall, and Ground Level Equipment. All mechanical equipment shall be screened and concealed from view in accordance with Section 33-1085 of the Escondido Zoning Code.

11. Trash Enclosures. Appropriate trash enclosure(s) or other approved trash system shall be approved by the Planning and Engineering Division. The property owner or management company shall be responsible for ensuring that enclosures are easily assessable for garbage and recyclables collection; and that the area is managed in a clean, safe, and efficient manner. Trash enclosure covers shall be closed when not in use. Trash enclosures shall be regularly emptied. There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.

12. Staging Construction Areas. All staging areas shall be conducted on the subject property, subject to approval of the Engineering Department. Off-site staging areas, if any, shall be approved through the issuance of an off-site staging area permit/agreement.

13. Disturbance Coordinator. The Applicant shall designate and provide a point-of- contact whose
responsibilities shall include overseeing the implementation of Project, compliance with Permit term s and conditions, and responding to neighborhood concerns.

C. Parking and Loading/Unloading.

1. A minimum of 21 parking spaces shall be provided at all times. Said parking spaces provided by the Applicant, and any additional parking spaces provided above the required, minimum amount, shall be dimensioned per City standards and be maintained in a clean, well-marked condition. The stripping shall be drawn on the

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Resolution No. 2024-183R
Exhibit “E”

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plans or a note shall be included indicating double stripping per City standards.

2. Parking for disabled persons shall be provided (including “Van Accessible” spaces) in full compliance with the State Building Code.

3. No contractor or employee may store, or permit to be stored, a commercial or construction vehicle/truck; or personal vehicle, truck, or other personal property on public-right-of-way or other public property without permission of the City Engineer.

D. Landscaping: The property owner or management company assumes all responsibility for maintaining all on-site landscaping; any landscaping in the public right-of-way adjacent to the property, including potted plants; and any retaining and freestanding walls in a manner that satisfies the conditions contained herein.

1. Landscaped areas shall be maintained in a flourishing manner. Appropriate irrigation shall be provided for all landscape areas and be maintained in a fully operational condition.

2. All existing planting and planter areas, including areas within the public right-of- way, shall be repaired and landscaping brought into compliance with current standards. All dead plant material shall be removed and replaced by the property owner or management company.

3. If at the time of planning final inspection that it is determined that sufficient screening is not provided, the Applicant shall be required to provide additional landscaping improvements to the satisfaction of the Planning Division.

4. The landscaped areas shall be free of all foreign matter, weeds and plant material not approved as part of the landscape plan.

5. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the Permit approval.

6. Landscaping Plans. Applicant shall install all required improvements including screening walls, retaining walls, storm improvements, and landscaping in substantial conformance to the planting and irrigation schedule as shown on the final Approved Plan set.
a. A final landscape and irrigation plan shall be submitted to the Planning Division for review and approval, if meeting any of the criteria listed under Section 33- 1323 of the Zoning Code. Five (5) copies of detailed landscape and irrigation plans shall be submi tted to the Engineering Services Department with the second submittal lf the grading plan. The initial submittal of the landscape plans shall include the required plan check fees, paid in accordance with the prevailing fee schedule in effect at the time of submittal. Details of Project fencing and walls, including materials and colors, shall be provided on the landscape plans. (Building permits may also

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be required.) The landscape and irri gation plans shall be reviewed and approved by the Planning Division and Engineering Services Department prior to issuance of grading permits, and shall be equivalent or superior to the conceptual landscape plans included as part of the Approved Plan set, to the satisfaction of the Planning Division. The required landscape and irrigation plans(s) shall comply with the provisions, requirements and standards outlined in Article 62 (Landscape Standards) of the Escondido Zoning Code, except where stricter requirements are imposed by the State of California.

b. Screening walls, retaining walls, storm improvements, and landscaping (i.e. planting and irrigation) are to be provided prior to final occupancy. c. The installation of the landscaping and irrigation shall be inspected by the Project landscape architect upon completion. He/she shall complete a Certificate of Landscape Compliance certifying that the installation is in substantial compliance with the approved landscape and irrigation plans and City standards. The Applicant shall submit the Certificate of Compliance to the Planning Division and request a final inspection. d. Any new freestanding walls and/or retaining walls shall incorporate decorative materials or finishes, and shall be indicated on the landscaping plans. (Building permits may also be required.) All freestanding walls visible from points beyond the Project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be a type satisfactory to the Director of Community Development.
e. New or retrofitted trash enclosures shall accommodate vertical climbing plants, vines with support trellis pane ls, clinging non-deciduous or fast growing shrubbery that will screen the enclosures wall surface. The Director of Community Development shall find that the proposed landscaping design, material, or method provides approximate equivalence to the specific requirements of this condition or is otherwise satisfactory and complies with the intent of these provisions
.

E. Specific Planning Conditions:

1. Prior to the issuance of building permits for the project, a Lot Tie shall be recorded between APNs 228-220-13-00 and 228-220-43-00. The project applicant shall be responsible for the submittal of the Lot Tie application, all required documents, application fees and recording.

2. The landscape plan attached to the project exhibits is conceptual only. The final landscape plan shall include appropriate screening around the main building, to

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include taller shrubs along the northern and eastern sides of the building.

Appropriate street trees also shall be provide along the Rock Springs Road frontage, including along the eastern building frontage. Trees (min. 15 gallon) also shall be provided along the northern perimeter of the site. The final landscape design also shall provide 50 percent or more of shade coverage in 10 years for the open parking spaces.

3. An appropriate property boundary fence or wall shall be provided along the northern and western property boundaries. Appropriate sight distance shall be provided at driveways. Standard chain-link fencing shall not be permitted. Vinyl- clad fencing (with or without slats) would be acceptable. Any perimeter masonry walls shall include pilaster at wall corners, to the satisfaction of the Director of Community Development.

4. The sale of alcoholic beverages as part of this CUP is for the sale of beer and wine only. An appropriate license shall be required from the Department of Alcoholic Beverage Control.

5. Loitering is prohibited on or around these premises or the area under the control of the licensee.

6. No alcoholic beverage shall be displayed within five feet of the cash register of the front door unless it is in a permanently affixed cooler.

7. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.

8. No sale of alcoholic beverages shall be made from a drive-in window.

9. No display or sale of alcoholic beverages shall be made from any ice container.

10. No self-illuminating advertising for beer and wine shall be located on the buildings or windows.

11. The facility (convenience store and gasoline station operations) shall be allowed to operate 24 hrs. a day. Employees selling alcoholic beverages between the hours of 10:00 p.m. and 12:00 a.m. shall be at least twenty-one years of age.

12. No beer and wine shall be sold between the hours of 12:00 a.m. and 8:00 a.m.

13. At least two signs shall be posted in vi sible places on the convenience store building (one adjacent to the entrance) stating the consumption of alcoholic beverages on the premises is prohibited and that violators will be prosecuted.

14. The licensee shall comply with all conditions set forth in the premise license issued through the Department of Alcoholic Beverage Control at all times.

15. If the restrictions imposed by the conditions of approval included with this CUP are stricter than those placed on the ABC license, these conditions shall take precedent.

16. There shall be no amusement machines or video game devices in the premises at

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any time.

17. No wine shall be sold with an alcohol content of greater than 15 percent by volume except for “Dinner Wines” which have been aged two years or more and maintained in corked bottles.

18. Beer, malt beverages, and wine coolers shall not be sold by single containers, but must be sold in manufacturer pre-packaged multi-unit quantities.

19. No other laws shall be violated. Any violation of this Conditional Use Permit or additional conditions set forth in the premise license issued by the Department of Alcoholic Beverage Control may result in a suspension or revocation of this CUP.

20. Prior to the issuance of building permits for the development of the gasoline station, the applicant shall provide evidence to the Escondido Building Division of the issuance of appropriate permits from the San Diego County Department of Environmental Health for the installation of underground storage tanks (USTs), and appropriate permits for the installation of Healy Tanks from the Air Pollution Control District (APCD).

F. Mitigation M easures:

CUL-1 The City of Escondido Planning Division (City) recommends the applicant enter into a Tribal Cultural Resource Treatment and Monitoring Agreement (also known as a pre- excavation agreement) with a tribe that is traditionally and culturally affiliated with the Project Location (TCA Tribe) prior to issuance of a grading permit. The purposes of the agreement are (1) to provide the applicant with clear expectations regarding tribal cultural resources, and (2) to formalize protocols and procedures between them. Applicant/Owner and the TCA Tribe for the protection and treatment of, including but not limited to, Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas and cultural items, located and/or discovered through a monitoring program in conjunction with the construction of the proposed project, including additional archaeological surveys and/or studies, excavations, geotechnical investigations, grading, and all other ground disturbing activities.

CUL-2
Prior to issuance of a grading permit, the applicant shall provide written verification to the City that a qualified archaeologist and Native American monitors associated with TCA Tribes have been retained to implement the monitoring program. Because the project is located within shared territory of the Luiseño and Kumeyaay people, Native American monitors representing the interest and values of both the Luiseño and Kumeyaay people will be retained for the project.

The archaeologist shall be responsible for coordinating with the Native American monitors. This verification shall be presented to the City in a letter from the project

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archaeologist that confirms that Native American monitors representing both Luiseño and Kumeyaay TCA Tribes have been retained. The City, prior to any pre-construction meeting, shall approve all persons involved in the monitoring program.

CUL-3 The qualified archaeologist and a Native American monitor shall attend the pre- grading meeting with the grading contractors to explain and coordinate the requirements of the monitoring program.

CUL-4 During the initial grubbing, site grading, excavation or disturbance of the ground surface, the qualified archaeologist and the Native American monitor shall be on site full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of tribal cultural resources as defined in California Public Resources Code Section 21074. Archaeological and Native American monitoring will be disc ontinued when the depth of grading and soil conditions no longer retain the potential to contain cultural deposits. The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring.

CUL-5 In the event that previously unidentified tribal cultural resources are discovered, the qualified archaeologist and the Native American monitor shall have the authority to temporarily divert or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed.

CUL-6 If a potentially significant tribal cultural resource is discovered, the archaeologist shall notify the City of said discovery. The qualified archaeologist, in consultation with the City, the TCA Tribe and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the tribal cultural resource’s treatment and disposition shall be made by the qualified archaeologist in consultation with the TCA Tribe and the Native American monitor and be submitted to the City for review and approval.

CUL-7 The avoidance and/or preservation of the significant tribal cultural resource and/or unique archaeological resource must first be considered and evaluated as required by CEQA. Where any significant tribal cultural resources and/or unique archaeological resources have been discovered and avoidance and/or preservation measures are deemed to be infeasible by the City, then a research design and data recovery program to mitigate impacts shall be prepared by the qualified archaeologist (using professional archaeological methods), in consultation with the TCA Tribe and the Native American monitor, and shall be subject to approval by the City. The archaeological monitor, in consultation with the Native American monitor, shall determine the amount of material to be recovered for an adequate artifact sample for analysis. Before construction activities are allowed to resume in the affected area, the research design and

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Escondido City CouncilMay 20, 2026

Escondido City Council
May 20, 2026